[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.109]

[Page 616-617]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         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. 76.109  Requirements for invocation of protection.

    For a station licensee to be eligible to invoke the provisions of 
Sec. 76.101, it must have a contract or other written indicia that it 
holds syndicated exclusivity rights for the exhibition of the program in 
question. Contracts entered on or after August 18, 1988, 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 Compulsory Copyright 
License, as provided in Sec. 76.101 of the FCC rules [or `as provided 
in the FCC's syndicated exclusivity rules'].'' Contracts entered into 
prior to August 18, 1988, must contain either the foregoing language or 
a

[[Page 617]]

clear and specific reference to the licensee's authority to exercise 
exclusivity rights as to the specific programming against cable 
television broadcast signal carriage by the cable system in question 
upon the contingency that the government reimposed syndicated 
exclusivity protection. In the absence of such a specific reference in 
contracts entered into prior to August 18, 1988, 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.