Goto Section: 76.122 | 76.124 | Table of Contents
FCC 76.123
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.123 Satellite syndicated program exclusivity.
(a) Upon receiving notification pursuant to paragraph (d) of this section, a
satellite carrier shall not deliver, to subscribers located within zip code
areas in whole or in part within the zone of protection of a commercial
television station licensed by the Commission, a program carried on a
nationally distributed superstation or on a station carried pursuant to
§ 76.54 of this chapter when the syndicated program exclusivity rights to
such program are held by the commercial television station providing notice,
except as provided in paragraphs (k), (l) and (m) of this section.
(b) Television broadcast station licensees shall be entitled to exercise
exclusivity rights pursuant to this Section in accordance with the
contractual provisions of their syndicated program license agreements,
consistent with § 76.124.
(c) Distributors of syndicated programming shall be entitled to exercise
exclusive rights pursuant to this Section for a period of one year from the
initial broadcast syndication licensing of such programming anywhere in the
United States; provided, however, that distributors shall not be entitled to
exercise such rights in areas in which the programming has already been
licensed.
(d) In order to exercise exclusivity rights pursuant to this Section,
distributors of syndicated programming or television broadcast stations
shall notify each satellite carrier of the exclusivity sought in accordance
with the requirements of this paragraph. 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; and
(4) A list of the U.S. postal zip code(s) that encompass the zone of
protection under these rules.
(e) A distributor or television station exercising exclusivity pursuant to
this Section shall provide to the satellite carrier, upon request, an exact
copy of those portions of the exclusivity contracts, such portions to be
signed by both the distributor and the television station, setting forth in
full the provisions pertinent to the duration, nature, and extent of the
exclusivity terms concerning broadcast signal exhibition to which the
parties have agreed.
(f) Television broadcast stations or distributors entering into contracts on
or after November 29, 2000, which contain syndicated exclusivity protection
with respect to satellite retransmission of programming, shall notify
affected satellite carriers within sixty calendar days of the signing of
such a contract. Television broadcast stations or distributors who have
entered into contracts prior to November 29, 2000, and who comply with the
requirements specified in § 76.124 shall notify affected satellite carriers
on or before January 31, 2001; provided, however, that with respect to
pre-November 29, 2000 contracts that require amendment in order to invoke
the provisions of these rules, notification may be given within sixty
calendar days of the signing of such amendment.
(g) Except as otherwise provided in this section, a television broadcast
station shall be entitled to exclusivity protection beginning on the later
of:
(1) The date specified in its notice to the satellite carrier; or
(2) The first day of the calendar week (Sunday through Saturday) that begins
60 days after the satellite carrier receives notice from the broadcaster.
Provided, however, that with respect to notifications given pursuant to this
section prior to June 1, 2001, a satellite carrier is not required to
provide syndicated exclusivity protection until 120 days after the satellite
carrier receives such notification.
(h) In determining which programs must be deleted from a television
broadcast signal, a satellite carrier may rely on information from the
distributor or television broadcast station requesting exclusivity;
newspapers or magazines of general circulation; or the nationally
distributed superstation whose programs may be subject to deletion.
(i) If a satellite carrier asks a nationally distributed superstation for
information about its program schedule, the nationally distributed
superstation shall answer the request:
(1) Within ten business days following the its receipt of the request; or
(2) Sixty days before the program or programs mentioned in the request for
information will be broadcast; whichever comes later.
(j) 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 satellite carrier 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 satellite carrier of the occurrence of the relevant contingency.
Notice to be furnished “as soon as possible” under this Subsection shall be
furnished by telephone, telegraph, facsimile, e-mail, overnight mail or
other similar expedient means.
(k) A satellite carrier is not required to delete the programming of any
nationally distributed superstation that is carried by the satellite carrier
as a local station pursuant to § 76.66 of this chapter or as a significantly
viewed station pursuant to § 76.54 of this chapter:
(1) Within the station's local market;
(2) If the station is “significantly viewed,” pursuant to § 76.54 of this
chapter, in zip code areas included within the zone of protection unless a
waiver of the significantly viewed exception is granted pursuant to § 76.7 of
this chapter; or
(3) If the zone of protection falls, in whole or in part, within that
signal's grade B contour or noise limited service contour.
(l) A satellite carrier is not required to delete the duplicating
programming of any nationally distributed superstation from an individual
subscriber who is located outside the zone of protection, notwithstanding
that the subscriber lives within a zip code provided by the broadcaster
pursuant to paragraph (d) of this section.
(m) A satellite carrier is not required to delete programming if it has
fewer than 1,000 subscribers within the relevant protected zone who
subscribe to the nationally distributed superstation carrying the
programming for which deletion is requested pursuant to paragraph (d) of
this section.
[ 65 FR 68101 , Nov. 14, 2000, as amended at 70 FR 76530 , Dec. 27, 2005]
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Goto Section: 76.122 | 76.124
Goto Year: 2014 |
2016
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