Sec.  76.1506   Carriage of television broadcast signals.

   (a)  The  provisions of Subpart D shall apply to open video systems in
   accordance with the provisions contained in this subpart.

   (b)  For  the  purposes  of  this  Subpart  S, television stations are
   significantly viewed when they are viewed in households that do not receive
   television signals from multichannel video programming distributors as
   follows:

   (1) For a full or partial network station—a share of viewing hours of at
   least 3 percent (total week hours), and a net weekly circulation of at least
   25 percent; and

   (2)  For an independent station—a share of viewing hours of at least 2
   percent (total week hours), and a net weekly circulation of at least 5
   percent. See  Sec. 76.1506(c).

   Note to paragraph(b): As used in this paragraph, “share of viewing hours”
   means the total hours that households that do not receive television signals
   from multichannel video programming distributors viewed the subject station
   during  the  week,  expressed as a percentage of the total hours these
   households  viewed  all  stations  during  the period, and “net weekly
   circulation” means the number of households that do not receive television
   signals from multichannel video programming distributors that viewed the
   station  for  5 minutes or more during the entire week, expressed as a
   percentage of the total households that do not receive television signals
   from multichannel video programming distributors in the survey area.

   (c)  Significantly  viewed  signals; method to be followed for special
   showings.  Any  provision of  Sec. 76.54 that refers to a “cable television
   community” or “cable community or communities” shall apply to an open video
   system community or communities. Any provision of  Sec. 76.54 that refers to
   “non-cable television homes” shall apply to households that do not receive
   television signals from multichannel video programming distributors. Any
   provision of  Sec. 76.54 that refers to a “cable television system” shall apply
   to an open video system.

   (d) Definitions applicable to the must-carry rules. Section 76.55 shall
   apply to all open video systems in accordance with the provisions contained
   in this section. Any provision of  Sec. 76.55 that refers to a “cable system”
   shall apply to an open video system. Any provision of  Sec. 76.55 that refers to
   a  “cable  operator” shall apply to an open video system operator. Any
   provision of  Sec. 76.55 that refers to the “principal headend” of a cable system
   as defined in  Sec. 76.5(pp) shall apply to the equivalent of the principal
   headend of an open video system. Any provision of  Sec. 76.55 that refers to a
   “franchise area” shall apply to the service area of an open video system.
   The provisions of  Sec. 76.55 that permit cable operators to refuse carriage of
   signals considered distant signals for copyright purposes shall not apply to
   open video system operators. If an open video system operator cannot limit
   its  distribution  of  must-carry signals to the local service area of
   broadcast stations as used in 17 U.S.C. 111(d), it will be liable for any
   increase in copyright fees assessed for distant signal carriage under 17
   U.S.C. 111.

   (e) Signal carriage obligations. Any provision of  Sec. 76.56 that refers to a
   “cable television system” or “cable system” shall apply to an open video
   system. Any provision of  Sec. 76.56 that refers to a “cable operator” shall
   apply to an open video system operator. Section 76.56(d)(2) shall apply to
   open video systems as follows: An open video system operator shall make
   available to every subscriber of the open video system all qualified local
   commercial television stations and all qualified non-commercial educational
   television stations carried in fulfillment of its carriage obligations under
   this section.

   (f) Channel positioning. Open video system operators shall comply with the
   provisions of  Sec. 76.57 to the closest extent possible. Any provision of  Sec. 76.57
   that  refers to a “cable operator” shall apply to an open video system
   operator. Any provision of  Sec. 76.57 that refers to a “cable system” shall
   apply to an open video system, except the references to “cable system” in
    Sec. 76.57(d) which shall apply to an open video system operator.

   (g)  Notification.  Any  provision  of   Sec. 76.58 that refers to a “cable
   operator” shall apply to an open video system operator. Any provision of
    Sec. 76.58 that refers to a “cable system” shall apply to an open video system.
   Any provision of  Sec. 76.58 that refers to a “principal headend” shall apply to
   the equivalent of the principal headend for an open video system.

   (h) Modification of television markets. Any provision of  Sec. 76.59 that refers
   to a “cable system” shall apply to an open video system. Any provision of
    Sec. 76.59 that refers to a “cable operator” shall apply to an open video system
   operator.

   (i) Compensation for carriage. Any provision of  Sec. 76.60 that refers to a
   “cable operator” shall apply to an open video system operator. Any provision
   of  Sec. 76.60 that refers to a “cable system” shall apply to an open video
   system. Any provision of  Sec. 76.60 that refers to a “principal headend” shall
   apply to the equivalent of the principal headend for an open video system.

   (j) Disputes concerning carriage. Any provision of  Sec. 76.61 that refers to a
   “cable operator” shall apply to an open video system operator. Any provision
   of  Sec. 76.61 that refers to a “cable system” shall apply to an open video
   system. Any provision of  Sec. 76.61 that refers to a “principal headend” shall
   apply to the equivalent of the principal headend for an open video system.

   (k) Manner of carriage. Any provision of  Sec. 76.62 that refers to a “cable
   operator” shall apply to an open video system operator.

   (l) Retransmission consent. Section 76.64 shall apply to open video systems
   in accordance with the provisions contained in this paragraph.

   (1) Any provision of  Sec. 76.64 that refers to a “cable system” shall apply to
   an  open video system. Any provision of  Sec. 76.64 that refers to a “cable
   operator” shall apply to an open video system operator.

   (2) Must-carry/retransmission consent election notifications shall be sent
   to the open video system operator. An open video system operator shall make
   all  must-carry/retransmission consent election notifications received
   available to the appropriate programming providers on its system.

   (3) Television broadcast stations are required to make the same election for
   open video systems and cable systems serving the same geographic area,
   unless the overlapping open video system is unable to deliver appropriate
   signals in conformance with the broadcast station's elections for all cable
   systems serving the same geographic area.

   (4) An open video system commencing new operations shall notify all local
   commercial and noncommercial broadcast stations as required under paragraph
   (l)  of  this section on or before the date on which it files with the
   Commission its Notice of Intent to establish an open video system.

   (m) Sports broadcast. Section 76.67 shall apply to open video systems in
   accordance with the provisions contained in this paragraph.

   (1) Any provisions of  Sec. 76.67 that refers to a “community unit” shall apply
   to  an  open video system or that portion of an open video system that
   operates  or  will operate within a separate and distinct community or
   municipal entity (including unincorporated communities within unincorporated
   areas and including single, discrete unincorporated areas).

   (2) Notification of programming to be deleted pursuant to this section shall
   be served on the open video system operator. The open video system operator
   shall make all notifications immediately available to the appropriate video
   programming providers on its open video system. Operators may effect the
   deletion of signals for which they have received deletion notices unless
   they  receive  notice  within  a  reasonable time from the appropriate
   programming provider that the rights claimed are invalid. The open video
   system operator shall not delete signals for which it has received notice
   from the programming provider that the rights claimed are invalid. An open
   video system operator shall be subject to sanctions for any violation of
   this subpart. An open video system operator may require indemnification as a
   condition  of carriage for any sanctions it may incur in reliance on a
   programmer's claim that certain exclusive or non-duplication rights are
   invalid.

   (n) Exemption from input selector switch rules. Any provision of  Sec. 76.70 that
   refers to a “cable system” or “cable systems” shall apply to an open video
   system or open video systems.

   (o) Special relief and must-carry complaint procedures. The procedures set
   forth in  Sec. 76.7 shall apply to special relief and must-carry complaints
   relating to open video systems, and not the procedures set forth in  Sec. 76.1514
   (Dispute  resolution).  Any provision of  Sec. 76.7 that refers to a “cable
   television system operator” or “cable operator” shall apply to an open video
   system operator. Any provision of  Sec. 76.7 that refers to a “cable television
   system” shall apply to an open video system. Any provision of  Sec. 76.7 that
   refers to a “system community unit” shall apply to an open video system or
   that portion of an open video system that operates or will operate within a
   separate   and  distinct  community  or  municipal  entity  (including
   unincorporated communities within unincorporated areas and including single,
   discrete unincorporated areas).

   [ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43177 , Aug. 21, 1996]

   Effective  Date  Note:    At   61 FR 43177 , Aug. 21, 1996, in  Sec. 76.1506,
   paragraphs (d), (l)(3), and (m)(2) were revised. These paragraphs contain
   information collection and recordkeeping requirements and will not become
   effective until approval has been given by the Office of Management and
   Budget.