[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: 47CFR76.57]



[Page 568-569]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents

 

           Subpart D_Carriage of Television Broadcast Signals

 

Sec. 76.57  Channel positioning.



    (a) At the election of the licensee of a local commercial broadcast 

television station, and for the purpose of this section, a qualified low 

power television station, carried in fulfillment of the must-carry 

obligations, a cable operator shall carry such signal on the cable 

system channel number on which the local commercial television station 

is broadcast over the air, or on the channel on which it was carried on 

July 19, 1985, or on the channel on which it was carried on January 1, 

1992.

    (b) At the election of the licensee of a qualified local NCE 

broadcast television station carried in fulfillment of the must-carry 

obligations, a cable operator shall carry such signal on the cable 

system channel number on which the qualified NCE television station is 

broadcast over the air, or on the channel on which it was carried on 

July 19, 1985.

    (c) With respect to digital signals of a television station carried 

in fulfillment of the must-carry obligations, a cable operator shall 

carry the information necessary to identify and tune to the broadcast 

television signal.

    (d) Any signal carried in fulfillment of the must-carry obligations 

may be carried on such other channel number as is mutually agreed upon 

by the station and the cable operator.

    (e) At the time a local commercial station elects must-carry status 

pursuant to Sec. 76.64, such station shall notify the cable system of 

its choice of channel position as specified in paragraphs (a), (b), and 

(d) of this section. A qualified NCE stations shall notify the cable 

system of its choice of channel position when it requests carriage. 

Channel positioning requests from local commercial stations shall be 

fulfilled by the cable operator no later than October 6, 1993.

    (f) Pursuant to Sec. 76.64(f)(3), a local commercial broadcast 

television station that fails to make an election is deemed a must-carry 

station. A cable operator shall carry such a television station on the 

cable system channel number on which the local commercial television 

station is broadcast over the air, or on the channel on which it was 

carried on July 19, 1985, or on the channel on which it was carried on 

January 1, 1992. In the event that none of these specified channel 

positions is available due to a channel positioning request from a 

commercial television station affirmatively asserting its must-carry 

rights or such a request from a qualified local noncommercial 

educational station, the cable operator shall place the signal of such a 

television station on a channel of the cable system's choice, so long as 

that channel is included on the basic service tier.



    Note to Sec. 76.57: Any existing agreement for channel position 

between a local commercial station entitled to must-carry status and a 

cable operator entered into prior to June 26,



[[Page 569]]



1990, may continue through the expiration of such agreement.



[58 FR 17361, Apr. 2, 1993, as amended at 58 FR 40368, July 28, 1993; 59 

FR 62345, Dec. 5, 1994; 66 FR 16553, Mar. 26, 2001]