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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