[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: 47CFR76.92]

[Page 612-613]
 
                       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. 76.92  Cable network non-duplication; extent of protection.

    Source: 65 FR 68101, Nov. 14, 2000, unless otherwise noted.

[[Page 613]]


    (a) Upon receiving notification pursuant to Sec. 76.94, a cable 
community unit located in whole or in part within the geographic zone 
for a network program, the network non-duplication rights to which are 
held by a commercial television station licensed by the Commission, 
shall not carry that program as broadcast by any other television 
signal, except as otherwise provided below.
    (b) For purposes of this section, the order of nonduplication 
priority of television signals carried by a community unit is as 
follows:
    (1) First, all television broadcast stations within whose specified 
zone the community of the community unit is located, in whole or in 
part;
    (2) Second, all smaller market television broadcast stations within 
whose secondary zone the community of the community unit is located, in 
whole or in part.
    (c) For purposes of this section, all noncommercial educational 
television broadcast stations licensed to a community located in whole 
or in part within a major television market as specified in Sec. 76.51 
shall be treated in the same manner as a major market commercial 
television broadcast station, and all noncommercial educational 
television broadcast stations not licensed to a community located in 
whole or in part within a major television market shall be treated in 
the same manner as a smaller market television broadcast station.
    (d) Any community unit operating in a community to which a 100-watt 
or higher power translator is located within the predicted Grade B 
signal contour of the television broadcast station that the translator 
station retransmits, and which translator is carried by the community 
unit shall, upon request of such translator station licensee or 
permittee, delete the duplicating network programming of any television 
broadcast station whose reference point (See Sec. 76.53) is more than 
88.5 km (55 miles) from the community of the community unit.
    (e) Any community unit which operates in a community located in 
whole or in part within the secondary zone of a smaller market 
television broadcast station is not required to delete the duplicating 
network programming of any major market television broadcast station 
whose reference point (See Sec. 76.53) is also within 88.5 km (55 
miles) of the community of the community unit.
    (f) A community unit is not required to delete the duplicating 
network programming of any television broadcast station which is 
significantly viewed in the cable television community pursuant to Sec. 
76.54.
    (g) A community unit is not required to delete the duplicating 
network programming of any qualified NCE television broadcast station 
that is carried in fulfillment of the cable television system's 
mandatory signal carriage obligations, pursuant to Sec. 76.56.

    Note: With respect to network programming, the geographic zone 
within which the television station is entitled to enforce network non-
duplication protection and priority of shall be that geographic area 
agreed upon between the network and the television station. In no event 
shall such rights exceed the area within which the television station 
may acquire broadcast territorial exclusivity rights as defined in Sec. 
73.658(m) of this Chapter, except that small market television stations 
shall be entitled to a secondary protection zone of 32.2 additional 
kilometers (20 additional miles). To the extent rights are obtained for 
any hyphenated market named in Sec. 76.51, such rights shall not exceed 
those permitted under Sec. 73.658(m) of this Chapter for each named 
community in that market.