[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: 47CFR76.64]



[Page 571-574]

 

                       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. 76.64  Retransmission consent.



    (a) After 12:01 a.m. on October 6, 1993, no multichannel video 

programming distributor shall retransmit the signal of any commercial 

broadcasting station without the express authority of the originating 

station, except as provided in paragraph (b) of this section.

    (b) A commercial broadcast signal may be retransmitted without 

express authority of the originating station if--

    (1) The distributor is a cable system and the signal is that of a 

commercial television station (including a low-power television station) 

that is being carried pursuant to the Commission's must-carry rules set 

forth in Sec. 76.56;



[[Page 572]]



    (2) The multichannel video programming distributor obtains the 

signal of a superstation that is distributed by a satellite carrier and 

the originating station was a superstation on May 1, 1991, and the 

distribution is made only to areas outside the local market of the 

originating station; or

    (3) The distributor is a satellite carrier and the signal is 

transmitted directly to a home satellite antenna, provided that:

    (i) The broadcast station is not owned or operated by, or affiliated 

with, a broadcasting network and its signal was retransmitted by a 

satellite carrier on May 1, 1991, or

    (ii) The broadcast station is owned or operated by, or affiliated 

with a broadcasting network, and the household receiving the signal is 

an unserved household.

    (c) For purposes of this section, the following definitions apply:

    (1) A satellite carrier is an entity that uses the facilities of a 

satellite or satellite service licensed by the Federal Communications 

Commission, to establish and operate a channel of communications for 

point-to-multipoint distribution of television station signals, and that 

owns or leases a capacity or service on a satellite in order to provide 

such point-to-multipoint distribution, except to the extent that such 

entity provides such distribution pursuant to tariff under the 

Communications Act of 1934, other than for private home viewing;

    (2) A superstation is a television broadcast station other than a 

network station, licensed by the Federal Communications Commission that 

is secondarily transmitted by a satellite carrier;

    (3) An unserved household with respect to a television network is a 

household that

    (i) Cannot receive, through the use of a conventional outdoor 

rooftop receiving antenna, an over-the-air signal of grade B intensity 

of a primary network station affiliated with that network, and

    (ii) Has not, within 90 days before the date on which that household 

subscribes, either initially or on renewal, received secondary 

transmissions by a satellite carrier of a network station affiliated 

with that network, subscribed to a cable system that provides the signal 

of a primary network station affiliated with the network.

    (4) A primary network station is a network station that broadcasts 

or rebroadcasts the basic programming service of a particular national 

network;

    (5) The terms ``network station,'' and ``secondary transmission'' 

have the meanings given them in 17 U.S.C. 111(f).

    (d) A multichannel video program distributor is an entity such as, 

but not limited to, a cable operator, a BRS/EBS provider, a direct 

broadcast satellite service, a television receive-only satellite program 

distributor, or a satellite master antenna television system operator, 

that makes available for purchase, by subscribers or customers, multiple 

channels of video programming.

    (e) The retransmission consent requirements of this section are not 

applicable to broadcast signals received by master antenna television 

facilities or by direct over-the-air reception in conjunction with the 

provision of service by a multichannel video program distributor 

provided that the multichannel video program distributor makes reception 

of such signals available without charge and at the subscribers option 

and provided further that the antenna facility used for the reception of 

such signals is either owned by the subscriber or the building owner; or 

under the control and available for purchase by the subscriber or the 

building owner upon termination of service.

    (f) Commercial television stations are required to make elections 

between retransmission consent and must-carry status according to the 

following schedule:

    (1) The initial election must be made by June 17, 1993.

    (2) Subsequent elections must be made at three year intervals; the 

second election must be made by October 1, 1996 and will take effect on 

January 1, 1997; the third election must be made by October 1, 1999 and 

will take effect on January 1, 2000, etc.

    (3) Television stations that fail to make an election by the 

specified deadline will be deemed to have elected



[[Page 573]]



must carry status for the relevant three-year period.

    (4) New television stations and stations that return their analog 

spectrum allocation and broadcast in digital only shall make their 

initial election any time between 60 days prior to commencing broadcast 

and 30 days after commencing broadcast or commencing broadcasting in 

digital only; such initial election shall take effect 90 days after it 

is made.

    (5) Television broadcast stations that become eligible for must 

carry status with respect to a cable system or systems due to a change 

in the market definition may, within 30 days of the effective date of 

the new definition, elect must-carry status with respect to such system 

or systems. Such elections shall take effect 90 days after they are 

made.

    (g) If one or more franchise areas served by a cable system overlaps 

with one or more franchise areas served by another cable system, 

television broadcast stations are required to make the same election for 

both cable systems.

    (h) On or before each must-carry/retransmission consent election 

deadline, each television broadcast station shall place copies of all of 

its election statements in the station's public file, and shall send via 

certified mail to each cable system in the station's defined market a 

copy of the station's election statement with respect to that operator.

    (i) Notwithstanding a television station's election of must-carry 

status, if a cable operator proposes to retransmit that station's signal 

without according the station must-carry rights (i.e., pursuant to Sec. 

76.56(e)), the operator must obtain the station's express authority 

prior to retransmitting its signal.

    (j) Retransmission consent agreements between a broadcast station 

and a multichannel video programming distributor shall be in writing and 

shall specify the extent of the consent being granted, whether for the 

entire signal or any portion of the signal. This rule applies for either 

the analog or the digital signal of a television station.

    (k) A cable system commencing new operation is required to notify 

all local commercial and noncommercial broadcast stations of its intent 

to commence service. The cable operator must send such notification, by 

certified mail, at least 60 days prior to commencing cable service. 

Commercial broadcast stations must notify the cable system within 30 

days of the receipt of such notice of their election for either must-

carry or retransmission consent with respect to such new cable system. 

If the commercial broadcast station elects must-carry, it must also 

indicate its channel position in its election statement to the cable 

system. Such election shall remain valid for the remainder of any three-

year election interval, as established in Sec. 76.64(f)(2). 

Noncommercial educational broadcast stations should notify the cable 

operator of their request for carriage and their channel position. The 

new cable system must notify each station if its signal quality does not 

meet the standards for carriage and if any copyright liability would be 

incurred for the carriage of such signal. Pursuant to Sec. 76.57(e), a 

commercial broadcast station which fails to respond to such a notice 

shall be deemed to be a must-carry station for the remainder of the 

current three-year election period.

    (l) Exclusive retransmission consent agreements are prohibited. No 

television broadcast station shall make or negotiate any agreement with 

one multichannel video programming distributor for carriage to the 

exclusion of other multichannel video programming distributors. This 

paragraph shall terminate at midnight on December 31, 2009.

    (m) A multichannel video programming distributor providing an all-

band FM radio broadcast service (a service that does not involve the 

individual processing of specific broadcast signals) shall obtain 

retransmission consents from all FM radio broadcast stations that are 

included on the service that have transmitters located within 92 

kilometers (57 miles) of the receiving antenna for such service. 

Stations outside of this 92 kilometer (57 miles) radius shall be 

presumed not to be carried in an all-band reception mode but may 

affirmatively assert retransmission consent rights by providing 30 days 

advance notice to the distributor.



    Note 1 to Sec. 76.64: Section 76.1608 provides notification 

requirements for a cable system



[[Page 574]]



that changes its technical configuration in such a way as to integrate 

two formerly separate cable systems.



[58 FR 17363, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994; 65 

FR 15575, Mar. 23, 2000; 65 FR 53615, Sept. 5, 2000; 66 FR 16553, Mar. 

26, 2001; 67 FR 17015, Apr. 9, 2002; 69 FR 72045, Dec. 10, 2004; 70 FR 

40224, July 13, 2005]