Goto Section: 76.103 | 76.106 | Table of Contents
FCC 76.105
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.105 Notification.
(a) In order to exercise exclusivity rights pursuant to Sec. 76.101,
distributors or television stations shall notify each cable television
system operator of the exclusivity sought in accordance with the
requirements of this section. 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.
(b) Broadcasters entering into contracts on or after August 18, 1988, which
contain syndicated exclusivity protection shall notify affected cable
systems within sixty calendar days of the signing of such a contract.
Broadcasters who have entered into contracts prior to August 18, 1988, and
who comply with the requirements specified in Sec. 76.109 shall notify affected
cable systems on or before June 19, 1989. A broadcaster shall be entitled to
exclusivity protection beginning on the later of:
(1) The date specified in its notice 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;
(c) In determining which programs must be deleted from a television
broadcast 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 distributor or television station requesting exclusivity.
(d) 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 cable television system operator 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 cable television system operator of the
occurrence of the relevant contingency. 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.
Goto Section: 76.103 | 76.106
Goto Year: 2007 |
2009
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