Goto Section: 1.6008 | 1.6010 | Table of Contents

FCC 1.6009
Revised as of October 1, 2009
Goto Year:2008 | 2010
  §  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 § 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: 2008 | 2010
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