[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR76.105]



[Page 589]

 

                       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. 76.105  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 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.