[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: 47CFR76.94]



[Page 587-588]

 

                       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. 76.94  Notification.



    (a) In order to exercise non-duplication rights pursuant to Sec. 

76.92, television stations shall notify each cable television system 

operator of the non-duplication sought in accordance with the 

requirements of this section. Except as otherwise provided in paragraph 

(b) of this section, non-duplication protection notices shall include 

the following information:

    (1) The name and address of the party requesting non-duplication 

protection and the television broadcast station holding the non-

duplication right;

    (2) The name of the program or series (including specific episodes 

where necessary) for which protection is sought; and

    (3) The dates on which protection is to begin and end.

    (b) Broadcasters entering into contracts providing for network non-

duplication protection shall notify affected cable systems within 60 

calendar days of the signing of such a contract. In the event the 

broadcaster is unable based on the information contained in the 

contract, to furnish all the information required by paragraph (a) of 

this section at that time, the broadcaster must provide modified notices 

that contain the following information:

    (1) The name of the network (or networks) which has (or have) 

extended non-duplication protection to the broadcaster;

    (2) The time periods by time of day (local time) and by network (if 

more than one) for each day of the week that the broadcaster will be 

broadcasting programs from that network (or networks) and for which non-

duplication protection is requested; and

    (3) The duration and extent (e.g., simultaneous, same-day, seven-

day, etc.) of the non-duplication protection which has been agreed upon 

by the network (or networks) and the broadcaster.

    (c) Except as otherwise provided in paragraph (d) of this section, a 

broadcaster shall be entitled to non-duplication protection beginning on 

the later of:

    (1) The date specified in its notice (as described in paragraphs (a) 

or (b) of this section, whichever is applicable) to the cable television 

system; or

    (2) The first day of the calendar week (Sunday through Saturday) 

that begins 60 days after the cable television system receives notice 

from the broadcaster.

    (d) A broadcaster shall provide the following information to the 

cable television system under the following circumstances:

    (1) In the event the protection specified in the notices described 

in paragraphs (a) or (b) of this section has been limited or ended prior 

to the time specified in the notice, or in the event a time period, as 

identified to the cable system in a notice pursuant to paragraph (b) of 

this section, for which a



[[Page 588]]



broadcaster has obtained protection is shifted to another time of day or 

another day (but not expanded), the broadcaster shall, as soon as 

possible, inform each cable television system operator that has 

previously received the notice of all changes from the original notice. 

Notice to be furnished ``as soon as possible'' under this paragraph 

shall be furnished by telephone, telegraph, facsimile, overnight mail or 

other similar expedient means.

    (2) In the event the protection specified in the modified notices 

described in paragraph (b) of this section has been expanded, the 

broadcaster shall, at least 60 calendar days prior to broadcast of a 

protected program entitled to such expanded protection, notify each 

cable system operator that has previously received notice of all changes 

from the original notice.

    (e) In determining which programs must be deleted from a television 

signal, a cable television system operator may rely on information from 

any of the following sources published or otherwise made available:

    (1) Newspapers or magazines of general circulation.

    (2) A television station whose programs may be subject to deletion. 

If a cable television system asks a television station for information 

about its program schedule, the television station shall answer the 

request:

    (i) Within ten business days following the television station's 

receipt of the request; or

    (ii) Sixty days before the program or programs mentioned in the 

request for information will be broadcast; whichever comes later.

    (3) The broadcaster requesting exclusivity.

    (f) A broadcaster exercising exclusivity pursuant to Sec. 76.92 

shall provide to the cable system, upon request, an exact copy of those 

portions of the contracts, such portions to be signed by both the 

network and the broadcaster, setting forth in full the provisions 

pertinent to the duration, nature, and extent of the non-duplication 

terms concerning broadcast signal exhibition to which the parties have 

agreed.