[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: 47CFR76.109]



[Page 590]

 

                       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 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.