[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: 47CFR76.124]



[Page 595-596]

 

                       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. 76.124  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



[[Page 596]]



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.