Goto Section: 76.79 | 76.93 | Table of Contents
FCC 76.92
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.92 Cable network non-duplication; extent of protection.
(a) Upon receiving notification pursuant to Sec. 76.94, a cable community unit
located in whole or in part within the geographic zone for a network
program, the network non-duplication rights to which are held by a
commercial television station licensed by the Commission, shall not carry
that program as broadcast by any other television signal, except as
otherwise provided below.
(b) For purposes of this section, the order of nonduplication priority of
television signals carried by a community unit is as follows:
(1) First, all television broadcast stations within whose specified zone the
community of the community unit is located, in whole or in part;
(2) Second, all smaller market television broadcast stations within whose
secondary zone the community of the community unit is located, in whole or
in part.
(c) For purposes of this section, all noncommercial educational television
broadcast stations licensed to a community located in whole or in part
within a major television market as specified in Sec. 76.51 shall be treated in
the same manner as a major market commercial television broadcast station,
and all noncommercial educational television broadcast stations not licensed
to a community located in whole or in part within a major television market
shall be treated in the same manner as a smaller market television broadcast
station.
(d) Any community unit operating in a community to which a 100-watt or
higher power translator is located within the predicted Grade B signal
contour of the television broadcast station that the translator station
retransmits, and which translator is carried by the community unit shall,
upon request of such translator station licensee or permittee, delete the
duplicating network programming of any television broadcast station whose
reference point (See Sec. 76.53) is more than 88.5 km (55 miles) from the
community of the community unit.
(e) Any community unit which operates in a community located in whole or in
part within the secondary zone of a smaller market television broadcast
station is not required to delete the duplicating network programming of any
major market television broadcast station whose reference point (See Sec. 76.53)
is also within 88.5 km (55 miles) of the community of the community unit.
(f) A community unit is not required to delete the duplicating network
programming of any television broadcast station which is significantly
viewed in the cable television community pursuant to Sec. 76.54.
(g) A community unit is not required to delete the duplicating network
programming of any qualified NCE television broadcast station that is
carried in fulfillment of the cable television system's mandatory signal
carriage obligations, pursuant to Sec. 76.56.
Note: With respect to network programming, the geographic zone within which
the television station is entitled to enforce network non-duplication
protection and priority of shall be that geographic area agreed upon between
the network and the television station. In no event shall such rights exceed
the area within which the television station may acquire broadcast
territorial exclusivity rights as defined in Sec. 73.658(m) of this Chapter,
except that small market television stations shall be entitled to a
secondary protection zone of 32.2 additional kilometers (20 additional
miles). To the extent rights are obtained for any hyphenated market named in
Sec. 76.51, such rights shall not exceed those permitted under Sec. 73.658(m) of
this Chapter for each named community in that market.
Goto Section: 76.79 | 76.93
Goto Year: 2007 |
2009
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