Goto Section: 1.6008 | 1.6010 | Table of Contents
FCC 1.6009
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.6009 Relief.
If the Commission determines that a satellite carrier has retransmitted the
television broadcast station to at least one person in the local market of
such station and has failed to meet its burden of proving one of the
defenses under Sec. 1.6005 (a)(2) through (a)(4) with respect to such
retransmission, the Commission shall:
(a) Make a finding that the satellite carrier violated 47 U.S.C. 325(b)(1)
with respect to that station; and
(b) Issue an order, within forty-five (45) days after the filing of the
complaint, containing—
(1) A cease-and-desist order directing the satellite carrier immediately to
stop making any further retransmissions of the television broadcast station
to any person within the local market of such station until such time as the
Commission determines that the satellite carrier is in compliance with 47
U.S.C. 325(b)(1) with respect to such station;
(2) If the satellite carrier is found to have violated 47 U.S.C. 325(b)(1)
with respect to more than two television broadcast stations, a
cease-and-desist order directing the satellite carrier to stop making any
further retransmission of any television broadcast station to any person
within the local market of the stations identified in the cease-and-desist
order, until such time as the Commission, after giving notice to the
station, determines that the satellite carrier is in compliance with 47
U.S.C. 325(b)(1) with respect to such stations; and
(3) An award to the complainant of that complainant's costs and reasonable
attorney's fees. Such award shall be made only after the complainant submits
appropriate documentation in support of its request.
(c) Any cease-and-desist order issued hereunder shall include a statement of
findings and the grounds therefor, shall specify the effective date of the
order, and shall be served by the Commission upon the satellite carrier to
which such order is directed.
Goto Section: 1.6008 | 1.6010
Goto Year: 2007 |
2009
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