[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: 47CFR76.124]

[Page 613]
 
                       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.  76.124  Requirements for invocation of protection.

    For a television broadcast station licensee or distributor of 
syndicated programming to be eligible to invoke the provisions of Sec.  
76.122 or Sec.  76.123 of this subpart, it must have a contract or other 
written indicia that it holds network program non-duplication or 
syndicated exclusivity rights for the exhibition of the program in 
question. Contracts entered on or after November 29, 2000, must contain 
the following words: ``the licensee [or substitute name] shall, by the 
terms of this contract, be entitled to invoke the protection against 
duplication of programming imported under the Statutory Copyright 
License, as provided in Sec.  76.122 or Sec.  76.123 of the FCC rules 
[or 'as provided in the FCC's satellite network non-duplication or 
syndicated exclusivity rules'].'' Contracts entered into prior to 
November 29, 2000, must contain the foregoing language plus a clear and 
specific reference to the licensee's authority to exercise exclusivity 
rights as to the specific programming against signal carriage by the 
satellite carrier in question, or by satellite carriage in general in a 
protected, geographic or specified zone. In the absence of such a 
specific reference in contracts entered into prior to November 29, 2000, 
the provisions of these rules may be invoked only if the contract is 
amended to include the specific language referenced in this section or a 
specific written acknowledgment is obtained from the party from whom the 
broadcast exhibition rights were obtained that the existing contract was 
intended, or should now be construed by agreement of the parties, to 
include such rights. A general acknowledgment by a supplier of 
exhibition rights that specific contract language was intended to convey 
rights under these rules will be accepted with respect to all contracts 
containing that specific language. Nothing in this section shall be 
construed as a grant of exclusive rights to a broadcaster where such 
rights are not agreed to by the parties.