[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: 47CFR76.92]



[Page 586-587]

 

                       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. 76.92  Cable network non-duplication; extent of protection.



    Source: 65 FR 68101, Nov. 14, 2000, unless otherwise noted.





    (a) Upon receiving notification pursuant to Sec. 76.94, a cable 

community unit located in whole or in part within the geographic zone 

for a network program, the network non-duplication rights to which are 

held by a commercial television station licensed by the Commission, 

shall not carry that program as broadcast by any other television 

signal, except as otherwise provided below.

    (b) For purposes of this section, the order of nonduplication 

priority of television signals carried by a community unit is as 

follows:

    (1) First, all television broadcast stations within whose specified 

zone the community of the community unit is located, in whole or in 

part;

    (2) Second, all smaller market television broadcast stations within 

whose secondary zone the community of the community unit is located, in 

whole or in part.

    (c) For purposes of this section, all noncommercial educational 

television broadcast stations licensed to a community located in whole 

or in part within a major television market as specified in Sec. 76.51 

shall be treated in the same manner as a major market commercial 

television broadcast station, and all noncommercial educational 

television broadcast stations not licensed to a community located in 

whole or in part within a major television market shall be treated in 

the same manner as a smaller market television broadcast station.

    (d) Any community unit operating in a community to which a 100-watt 

or higher power translator is located within the predicted Grade B 

signal contour of the television broadcast station that the translator 

station retransmits, and which translator is carried by the community 

unit shall, upon request of such translator station licensee or 

permittee, delete the duplicating network programming of any television 

broadcast station whose reference point (See Sec. 76.53) is more than 

88.5 km (55 miles) from the community of the community unit.

    (e) Any community unit which operates in a community located in 

whole or in part within the secondary zone of a smaller market 

television broadcast station is not required to delete the duplicating 

network programming of any major market television broadcast station 

whose reference point (See Sec. 76.53)



[[Page 587]]



is also within 88.5 km (55 miles) of the community of the community 

unit.

    (f) A community unit is not required to delete the duplicating 

network programming of any television broadcast station which is 

significantly viewed in the cable television community pursuant to Sec. 

76.54.

    (g) A community unit is not required to delete the duplicating 

network programming of any qualified NCE television broadcast station 

that is carried in fulfillment of the cable television system's 

mandatory signal carriage obligations, pursuant to Sec. 76.56.



    Note: With respect to network programming, the geographic zone 

within which the television station is entitled to enforce network non-

duplication protection and priority of shall be that geographic area 

agreed upon between the network and the television station. In no event 

shall such rights exceed the area within which the television station 

may acquire broadcast territorial exclusivity rights as defined in Sec. 

73.658(m) of this Chapter, except that small market television stations 

shall be entitled to a secondary protection zone of 32.2 additional 

kilometers (20 additional miles). To the extent rights are obtained for 

any hyphenated market named in Sec. 76.51, such rights shall not exceed 

those permitted under Sec. 73.658(m) of this Chapter for each named 

community in that market.