Goto Section: 76.1505 | 76.1507 | Table of Contents
FCC 76.1506
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.1506 Carriage of television broadcast signals.
(a) The provisions of Subpart D shall apply to open video systems in
accordance with the provisions contained in this subpart.
(b) For the purposes of this Subpart S, television stations are
significantly viewed when they are viewed in households that do not receive
television signals from multichannel video programming distributors as
follows:
(1) For a full or partial network station—a share of viewing hours of at
least 3 percent (total week hours), and a net weekly circulation of at least
25 percent; and
(2) For an independent station—a share of viewing hours of at least 2
percent (total week hours), and a net weekly circulation of at least 5
percent. See § 76.1506(c).
Note to paragraph (b): As used in this paragraph, “share of viewing hours”
means the total hours that households that do not receive television signals
from multichannel video programming distributors viewed the subject station
during the week, expressed as a percentage of the total hours these
households viewed all stations during the period, and “net weekly
circulation” means the number of households that do not receive television
signals from multichannel video programming distributors that viewed the
station for 5 minutes or more during the entire week, expressed as a
percentage of the total households that do not receive television signals
from multichannel video programming distributors in the survey area.
(c) Significantly viewed signals; method to be followed for special
showings. Any provision of § 76.54 that refers to a “cable television
community” or “cable community or communities” shall apply to an open video
system community or communities. Any provision of § 76.54 that refers to
“non-cable television homes” shall apply to households that do not receive
television signals from multichannel video programming distributors. Any
provision of § 76.54 that refers to a “cable television system” shall apply
to an open video system.
(d) Definitions applicable to the must-carry rules. Section 76.55 shall
apply to all open video systems in accordance with the provisions contained
in this section. Any provision of § 76.55 that refers to a “cable system”
shall apply to an open video system. Any provision of § 76.55 that refers to
a “cable operator” shall apply to an open video system operator. Any
provision of § 76.55 that refers to the “principal headend” of a cable system
as defined in § 76.5(pp) shall apply to the equivalent of the principal
headend of an open video system. Any provision of § 76.55 that refers to a
“franchise area” shall apply to the service area of an open video system.
The provisions of § 76.55 that permit cable operators to refuse carriage of
signals considered distant signals for copyright purposes shall not apply to
open video system operators. If an open video system operator cannot limit
its distribution of must-carry signals to the local service area of
broadcast stations as used in 17 U.S.C. 111(d), it will be liable for any
increase in copyright fees assessed for distant signal carriage under 17
U.S.C. 111.
(e) Signal carriage obligations. Any provision of § 76.56 that refers to a
“cable television system” or “cable system” shall apply to an open video
system. Any provision of § 76.56 that refers to a “cable operator” shall
apply to an open video system operator. Section 76.56(d)(2) shall apply to
open video systems as follows: An open video system operator shall make
available to every subscriber of the open video system all qualified local
commercial television stations and all qualified non-commercial educational
television stations carried in fulfillment of its carriage obligations under
this section.
(f) Channel positioning. Open video system operators shall comply with the
provisions of § 76.57 to the closest extent possible. Any provision of § 76.57
that refers to a “cable operator” shall apply to an open video system
operator. Any provision of § 76.57 that refers to a “cable system” shall
apply to an open video system, except the references to “cable system” in
§ 76.57(d) which shall apply to an open video system operator.
(g) Notification. Any provision of § § 76.1601, 76.1607, 76.1617, or
76.1708(a) (second sentence) that refers to a “cable operator,” “cable
system,” or “principal headend” shall apply, respectively, to an open video
system operator, to an open video system, or to the equivalent of the
principal headend for an open video system.
(h) Modification of television markets. Any provision of § 76.59 that refers
to a “cable system” shall apply to an open video system. Any provision of
§ 76.59 that refers to a “cable operator” shall apply to an open video system
operator.
(i) Compensation for carriage. Any provision of § 76.60 that refers to a
“cable operator” shall apply to an open video system operator. Any provision
of § 76.60 that refers to a “cable system” shall apply to an open video
system. Any provision of § 76.60 that refers to a “principal headend” shall
apply to the equivalent of the principal headend for an open video system.
(j) Disputes concerning carriage. Any provision of § 76.61 that refers to a
“cable operator” shall apply to an open video system operator. Any provision
of § 76.61 that refers to a “cable system” shall apply to an open video
system. Any provision of § 76.61 that refers to a “principal headend” shall
apply to the equivalent of the principal headend for an open video system.
(k) Manner of carriage. Any provision of § 76.62 that refers to a “cable
operator” shall apply to an open video system operator.
(l) Retransmission consent. Section 76.64 shall apply to open video systems
in accordance with the provisions contained in this paragraph.
(1) Any provision of § 76.64 that refers to a “cable system” shall apply to
an open video system. Any provision of § 76.64 that refers to a “cable
operator” shall apply to an open video system operator.
(2) Must-carry/retransmission consent election notifications shall be sent
to the open video system operator. An open video system operator shall make
all must-carry/retransmission consent election notifications received
available to the appropriate programming providers on its system.
(3) Television broadcast stations are required to make the same election for
open video systems and cable systems serving the same geographic area,
unless the overlapping open video system is unable to deliver appropriate
signals in conformance with the broadcast station's elections for all cable
systems serving the same geographic area.
(4) An open video system commencing new operations shall notify all local
commercial and noncommercial broadcast stations as required under paragraph
(l) of this section on or before the date on which it files with the
Commission its Notice of Intent to establish an open video system.
(m) Exemption from input selector switch rules. Any provision of § 76.70 that
refers to a “cable system” or “cable systems” shall apply to an open video
system or open video systems.
(n) Special relief and must-carry complaint procedures. The procedures set
forth in § 76.7 shall apply to special relief and must-carry complaints
relating to open video systems, and not the procedures set forth in § 76.1514
(Dispute resolution). Any provision of § 76.7 that refers to a “cable
television system operator” or “cable operator” shall apply to an open video
system operator. Any provision of § 76.7 that refers to a “cable television
system” shall apply to an open video system. Any provision of § 76.7 that
refers to a “system community unit” shall apply to an open video system or
that portion of an open video system that operates or will operate within a
separate and distinct community or municipal entity (including
unincorporated communities within unincorporated areas and including single,
discrete unincorporated areas).
[ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43177 , Aug. 21, 1996; 79 FR 63562 , Oct. 24, 2014; 80 FR 5050 , Jan. 30, 2015]
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Goto Section: 76.1505 | 76.1507
Goto Year: 2014 |
2016
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