[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.123]

[Page 576-577]
 
                       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 
 
Sec.  76.123  Satellite syndicated program exclusivity.

    (a) Upon receiving notification pursuant to paragraph (d) of this 
section, a satellite carrier shall not deliver, to subscribers located 
within zip code areas in whole or in part within the zone of protection 
of a commercial television station licensed by the Commission, a program 
carried on a nationally distributed superstation or on a station carried 
pursuant to Sec.  76.54 of this chapter when the syndicated program 
exclusivity rights to such program are held by the commercial television 
station providing notice, except as provided in paragraphs (k), (l) and 
(m) of this section.
    (b) Television broadcast station licensees shall be entitled to 
exercise exclusivity rights pursuant to this Section in accordance with 
the contractual provisions of their syndicated program license 
agreements, consistent with Sec.  76.124.
    (c) Distributors of syndicated programming shall be entitled to 
exercise exclusive rights pursuant to this Section for a period of one 
year from the initial broadcast syndication licensing of such 
programming anywhere in the United States; provided, however, that 
distributors shall not be entitled to exercise such rights in areas in 
which the programming has already been licensed.
    (d) In order to exercise exclusivity rights pursuant to this 
Section, distributors of syndicated programming or television broadcast 
stations shall notify each satellite carrier of the exclusivity sought 
in accordance with the requirements of this paragraph. Syndicated 
program exclusivity notices shall include the following information:
    (1) The name and address of the party requesting exclusivity and the 
television broadcast station or other party holding the exclusive right;
    (2)The name of the program or series (including specific episodes 
where necessary) for which exclusivity is sought;
    (3)The dates on which exclusivity is to begin and end; and
    (4) A list of the U.S. postal zip code(s) that encompass the zone of 
protection under these rules.
    (e) A distributor or television station exercising exclusivity 
pursuant to this Section shall provide to the satellite carrier, upon 
request, an exact copy of those portions of the exclusivity contracts, 
such portions to be signed by both the distributor and the television 
station, setting forth in full the provisions pertinent to the duration, 
nature, and extent of the exclusivity terms concerning broadcast signal 
exhibition to which the parties have agreed.
    (f) Television broadcast stations or distributors entering into 
contracts on

[[Page 577]]

or after November 29, 2000, which contain syndicated exclusivity 
protection with respect to satellite retransmission of programming, 
shall notify affected satellite carriers within sixty calendar days of 
the signing of such a contract. Television broadcast stations or 
distributors who have entered into contracts prior to November 29, 2000, 
and who comply with the requirements specified in Sec.  76.124 shall 
notify affected satellite carriers on or before January 31, 2001; 
provided, however, that with respect to pre-November 29, 2000 contracts 
that require amendment in order to invoke the provisions of these rules, 
notification may be given within sixty calendar days of the signing of 
such amendment.
    (g) Except as otherwise provided in this section, a television 
broadcast station shall be entitled to exclusivity protection beginning 
on the later of:
    (1) The date specified in its notice to the satellite carrier; or
    (2) The first day of the calendar week (Sunday through Saturday) 
that begins 60 days after the satellite carrier receives notice from the 
broadcaster.
    Provided, however, that with respect to notifications given pursuant 
to this section prior to June 1, 2001, a satellite carrier is not 
required to provide syndicated exclusivity protection until 120 days 
after the satellite carrier receives such notification.
    (h) In determining which programs must be deleted from a television 
broadcast signal, a satellite carrier may rely on information from the 
distributor or television broadcast station requesting exclusivity; 
newspapers or magazines of general circulation; or the nationally 
distributed superstation whose programs may be subject to deletion.
    (i) If a satellite carrier asks a nationally distributed 
superstation for information about its program schedule, the nationally 
distributed superstation shall answer the request:
    (1) Within ten business days following the its receipt of the 
request; or
    (2) Sixty days before the program or programs mentioned in the 
request for information will be broadcast; whichever comes later.
    (j) In the event the exclusivity specified in paragraph (a) of this 
section has been limited or has ended prior to the time specified in the 
notice, the distributor or broadcaster who has supplied the original 
notice shall, as soon as possible, inform each satellite carrier that 
has previously received the notice of all changes from the original 
notice. In the event the original notice specified contingent dates on 
which exclusivity is to begin and/or end, the distributor or broadcaster 
shall, as soon as possible, notify the satellite carrier of the 
occurrence of the relevant contingency. Notice to be furnished ``as soon 
as possible'' under this Subsection shall be furnished by telephone, 
telegraph, facsimile, e-mail, overnight mail or other similar expedient 
means.
    (k) A satellite carrier is not required to delete the programming of 
any nationally distributed superstation that is carried by the satellite 
carrier as a local station pursuant to Sec.  76.66 of this chapter or as 
a significantly viewed station pursuant to Sec.  76.54 of this chapter:
    (1) Within the station's local market;
    (2) If the station is ``significantly viewed,'' pursuant to Sec.  
76.54 of this chapter, in zip code areas included within the zone of 
protection unless a waiver of the significantly viewed exception is 
granted pursuant to Sec.  76.7 of this chapter; or
    (3) If the zone of protection falls, in whole or in part, within 
that signal's grade B contour or noise limited service contour.
    (l) A satellite carrier is not required to delete the duplicating 
programming of any nationally distributed superstation from an 
individual subscriber who is located outside the zone of protection, 
notwithstanding that the subscriber lives within a zip code provided by 
the broadcaster pursuant to paragraph (d) of this section.
    (m) A satellite carrier is not required to delete programming if it 
has fewer than 1,000 subscribers within the relevant protected zone who 
subscribe to the nationally distributed superstation carrying the 
programming for which deletion is requested pursuant to paragraph (d) of 
this section.

[65 FR 68101, Nov. 14, 2000, as amended at 70 FR 76530, Dec. 27, 2005]

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