[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.105]

[Page 606-607]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
Subpart F_Network Non-duplication Protection, Syndicated Exclusivity and 
                             Sports Blackout
 
Sec.  76.105  Notification.

    (a) In order to exercise exclusivity rights pursuant to Sec.  
76.101, distributors or television stations shall notify each cable 
television system operator of the exclusivity sought in accordance with 
the requirements of this section. Syndicated program exclusivity notices 
shall include the following information:
    (1) The name and address of the party requesting exclusivity and the 
television broadcast station or other party holding the exclusive right;
    (2) The name of the program or series (including specific episodes 
where necessary) for which exclusivity is sought;
    (3) The dates on which exclusivity is to begin and end.
    (b) Broadcasters entering into contracts on or after August 18, 
1988, which contain syndicated exclusivity protection shall notify 
affected cable systems within sixty calendar days of the signing of such 
a contract. Broadcasters who have entered into contracts prior to August 
18, 1988, and who comply with the requirements specified in Sec.  76.109 
shall notify affected cable systems on or before June 19, 1989. A 
broadcaster shall be entitled to exclusivity protection beginning on the 
later of:
    (1) The date specified in its notice to the cable television system; 
or
    (2) The first day of the calendar week (Sunday through Saturday) 
that begins 60 days after the cable television system receives notice 
from the broadcaster;
    (c) In determining which programs must be deleted from a television 
broadcast signal, a cable television system operator may rely on 
information

[[Page 607]]

from any of the following sources published or otherwise made available.
    (1) Newspapers or magazines of general circulation;
    (2) A television station whose programs may be subject to deletion. 
If a cable television system asks a television station for information 
about its program schedule, the television station shall answer the 
request:
    (i) Within ten business days following the television station's 
receipt of the request; or
    (ii) Sixty days before the program or programs mentioned in the 
request for information will be broadcast; whichever comes later.
    (3) The distributor or television station requesting exclusivity.
    (d) In the event the exclusivity specified in paragraph (a) of this 
section has been limited or has ended prior to the time specified in the 
notice, the distributor or broadcaster who has supplied the original 
notice shall, as soon as possible, inform each cable television system 
operator that has previously received the notice of all changes from the 
original notice. In the event the original notice specified contingent 
dates on which exclusivity is to begin and/or end, the distributor or 
broadcaster shall, as soon as possible, notify the cable television 
system operator of the occurrence of the relevant contingency. Notice to 
be furnished ``as soon as possible'' under this paragraph shall be 
furnished by telephone, telegraph, facsimile, overnight mail or other 
similar expedient means.