Goto Section: 76.62 | 76.65 | Table of Contents
FCC 76.64
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.64 Retransmission consent.
(a) After 12:01 a.m. on October 6, 1993, no multichannel video programming
distributor shall retransmit the signal of any commercial broadcasting
station without the express authority of the originating station, except as
provided in paragraph (b) of this section.
(b) A commercial broadcast signal may be retransmitted without express
authority of the originating station if—
(1) The distributor is a cable system and the signal is that of a commercial
television station (including a low-power television station) that is being
carried pursuant to the Commission's must-carry rules set forth in Sec. 76.56;
(2) The multichannel video programming distributor obtains the signal of a
superstation that is distributed by a satellite carrier and the originating
station was a superstation on May 1, 1991, and the distribution is made only
to areas outside the local market of the originating station; or
(3) The distributor is a satellite carrier and the signal is transmitted
directly to a home satellite antenna, provided that:
(i) The broadcast station is not owned or operated by, or affiliated with, a
broadcasting network and its signal was retransmitted by a satellite carrier
on May 1, 1991, or
(ii) The broadcast station is owned or operated by, or affiliated with a
broadcasting network, and the household receiving the signal is an unserved
household.
(c) For purposes of this section, the following definitions apply:
(1) A satellite carrier is an entity that uses the facilities of a satellite
or satellite service licensed by the Federal Communications Commission, to
establish and operate a channel of communications for point-to-multipoint
distribution of television station signals, and that owns or leases a
capacity or service on a satellite in order to provide such
point-to-multipoint distribution, except to the extent that such entity
provides such distribution pursuant to tariff under the Communications Act
of 1934, other than for private home viewing;
(2) A superstation is a television broadcast station other than a network
station, licensed by the Federal Communications Commission that is
secondarily transmitted by a satellite carrier;
(3) An unserved household with respect to a television network is a
household that
(i) Cannot receive, through the use of a conventional outdoor rooftop
receiving antenna, an over-the-air signal of grade B intensity of a primary
network station affiliated with that network, and
(ii) Has not, within 90 days before the date on which that household
subscribes, either initially or on renewal, received secondary transmissions
by a satellite carrier of a network station affiliated with that network,
subscribed to a cable system that provides the signal of a primary network
station affiliated with the network.
(4) A primary network station is a network station that broadcasts or
rebroadcasts the basic programming service of a particular national network;
(5) The terms “network station,” and “secondary transmission” have the
meanings given them in 17 U.S.C. 111(f).
(d) A multichannel video program distributor is an entity such as, but not
limited to, a cable operator, a BRS/EBS provider, a direct broadcast
satellite service, a television receive-only satellite program distributor,
or a satellite master antenna television system operator, that makes
available for purchase, by subscribers or customers, multiple channels of
video programming.
(e) The retransmission consent requirements of this section are not
applicable to broadcast signals received by master antenna television
facilities or by direct over-the-air reception in conjunction with the
provision of service by a multichannel video program distributor provided
that the multichannel video program distributor makes reception of such
signals available without charge and at the subscribers option and provided
further that the antenna facility used for the reception of such signals is
either owned by the subscriber or the building owner; or under the control
and available for purchase by the subscriber or the building owner upon
termination of service.
(f) Commercial television stations are required to make elections between
retransmission consent and must-carry status according to the following
schedule:
(1) The initial election must be made by June 17, 1993.
(2) Subsequent elections must be made at three year intervals; the second
election must be made by October 1, 1996 and will take effect on January 1,
1997; the third election must be made by October 1, 1999 and will take
effect on January 1, 2000, etc.
(3) Television stations that fail to make an election by the specified
deadline will be deemed to have elected must carry status for the relevant
three-year period.
(4) New television stations and stations that return their analog spectrum
allocation and broadcast in digital only shall make their initial election
any time between 60 days prior to commencing broadcast and 30 days after
commencing broadcast or commencing broadcasting in digital only; such
initial election shall take effect 90 days after it is made.
(5) Television broadcast stations that become eligible for must carry status
with respect to a cable system or systems due to a change in the market
definition may, within 30 days of the effective date of the new definition,
elect must-carry status with respect to such system or systems. Such
elections shall take effect 90 days after they are made.
(g) If one or more franchise areas served by a cable system overlaps with
one or more franchise areas served by another cable system, television
broadcast stations are required to make the same election for both cable
systems.
(h) On or before each must-carry/retransmission consent election deadline,
each television broadcast station shall place copies of all of its election
statements in the station's public file, and shall send via certified mail
to each cable system in the station's defined market a copy of the station's
election statement with respect to that operator.
(i) Notwithstanding a television station's election of must-carry status, if
a cable operator proposes to retransmit that station's signal without
according the station must-carry rights ( i.e., pursuant to Sec. 76.56(e)), the
operator must obtain the station's express authority prior to retransmitting
its signal.
(j) Retransmission consent agreements between a broadcast station and a
multichannel video programming distributor shall be in writing and shall
specify the extent of the consent being granted, whether for the entire
signal or any portion of the signal. This rule applies for either the analog
or the digital signal of a television station.
(k) A cable system commencing new operation is required to notify all local
commercial and noncommercial broadcast stations of its intent to commence
service. The cable operator must send such notification, by certified mail,
at least 60 days prior to commencing cable service. Commercial broadcast
stations must notify the cable system within 30 days of the receipt of such
notice of their election for either must-carry or retransmission consent
with respect to such new cable system. If the commercial broadcast station
elects must-carry, it must also indicate its channel position in its
election statement to the cable system. Such election shall remain valid for
the remainder of any three-year election interval, as established in
Sec. 76.64(f)(2). Noncommercial educational broadcast stations should notify the
cable operator of their request for carriage and their channel position. The
new cable system must notify each station if its signal quality does not
meet the standards for carriage and if any copyright liability would be
incurred for the carriage of such signal. Pursuant to Sec. 76.57(e), a
commercial broadcast station which fails to respond to such a notice shall
be deemed to be a must-carry station for the remainder of the current
three-year election period.
(l) Exclusive retransmission consent agreements are prohibited. No
television broadcast station shall make or negotiate any agreement with one
multichannel video programming distributor for carriage to the exclusion of
other multichannel video programming distributors. This paragraph shall
terminate at midnight on December 31, 2009.
(m) A multichannel video programming distributor providing an all-band FM
radio broadcast service (a service that does not involve the individual
processing of specific broadcast signals) shall obtain retransmission
consents from all FM radio broadcast stations that are included on the
service that have transmitters located within 92 kilometers (57 miles) of
the receiving antenna for such service. Stations outside of this 92
kilometer (57 miles) radius shall be presumed not to be carried in an
all-band reception mode but may affirmatively assert retransmission consent
rights by providing 30 days advance notice to the distributor.
Note 1 to Sec. 76.64: Section 76.1608 provides notification requirements for a
cable system that changes its technical configuration in such a way as to
integrate two formerly separate cable systems.
[ 58 FR 17363 , Apr. 2, 1993, as amended at 59 FR 62345 , Dec. 5, 1994; 65 FR 15575 , Mar. 23, 2000; 65 FR 53615 , Sept. 5, 2000; 66 FR 16553 , Mar. 26,
2001; 67 FR 17015 , Apr. 9, 2002; 69 FR 72045 , Dec. 10, 2004; 70 FR 40224 ,
July 13, 2005]
Goto Section: 76.62 | 76.65
Goto Year: 2007 |
2009
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