Goto Section: 76.53 | 76.55 | Table of Contents
FCC 76.54
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.54 Significantly viewed signals; method to be followed for special
showings.
(a) Signals that are significantly viewed in a county (and thus are deemed
to be significantly viewed within all communities within the county) are
those that are listed in Appendix B of the memorandum opinion and order on
reconsideration of the Cable Television Report and Order (Docket 18397 et
al.), FCC 72-530, and those communities listed in the Significantly Viewed
List as it appears on the official website of the Federal Communications
Commission.
(b) Significant viewing in a cable television or satellite community for
signals not shown as significantly viewed under paragraphs (a) or (d) of
this section may be demonstrated by an independent professional audience
survey of over-the-air television homes that covers at least two weekly
periods separated by at least thirty (30) days but no more than one of which
shall be a week between the months of April and September. If two surveys
are taken, they shall include samples sufficient to assure that the combined
surveys result in an average figure at least one standard error above the
required viewing level. If surveys are taken for more than 2-weekly periods
in any 12 months, all such surveys must result in an average figure at least
one standard error above the required viewing level. If a cable television
system serves more than one community, a single survey may be taken,
provided that the sample includes over-the-air television homes from each
community that are proportional to the population. A satellite carrier may
demonstrate significant viewing in more than one community or satellite
community through a single survey, provided that the sample includes
over-the-air television homes from each community that are proportional to
the population.
(c) Notice of a survey to be made pursuant to paragraph (b) of this section
shall be served on all licensees or permittees of television broadcast
stations within whose predicted noise limited service contour, as defined in
§ 73.622(e) of this chapter, the cable or satellite community or communities
are located, in whole or in part, and on all other system community units,
franchisees, and franchise applicants in the cable community or communities
at least (30) days prior to the initial survey period. Such notice shall
include the name of the survey organization and a description of the
procedures to be used. Objections to survey organizations or procedures
shall be served on the party sponsoring the survey within twenty (20) days
after receipt of such notice.
(d) Signals of television broadcast stations not encompassed by the surveys
(for the periods May 1970, November 1970 and February/March 1971) used in
establishing appendix B of the Memorandum Opinion and Order on
Reconsideration of Cable Television Report and Order, FCC 72-530, 36 FCC 2d
326 (1972), may be demonstrated as significantly viewed on a county-wide
basis by independent professional audience surveys which cover three
separate, consecutive four-week periods and are otherwise comparable to the
surveys used in compiling the above-referenced appendix B: Provided,
however, That such demonstration shall be based upon audience survey data
for the first three years of the subject station's broadcast operations.
(e) Satellite carriers that intend to retransmit the signal of a
significantly viewed television broadcast station to a subscriber located
outside such station's local market, as defined by § 76.55(e) of this
chapter, must provide written notice to all television broadcast stations
that are assigned to the same local market as the intended subscriber at
least 60 days before commencing retransmission of the significantly viewed
station. Such satellite carriers must also provide the notifications
described in § 76.66(d)(5)(i) of this chapter. Such written notice must be
sent via certified mail, return receipt requested, to the address for such
station(s) as listed in the consolidated database maintained by the Federal
Communications Commission.
(f) Satellite carriers that retransmit the signal of a significantly viewed
television broadcast station to a subscriber located outside such station's
local market must list all such stations and the communities to which they
are retransmitted on their website.
(g) Limitations on satellite subscriber eligibility. A satellite carrier may
retransmit a significantly viewed network station to a subscriber, provided
the conditions in paragraphs (g)(1) and (g)(2) of this section are satisfied
or one of the two exceptions to these conditions provided in paragraphs
(g)(3) and (g)(4) of this section apply.
(1) Local service requirement. A satellite carrier may retransmit to a
subscriber the signal of a significantly viewed station if:
(i) Such subscriber receives local-into-local service pursuant to § 76.66;
and
(ii) Such satellite carrier is in compliance with § 76.65 with respect to the
stations located in the local market into which the significantly viewed
station will be retransmitted.
(2) HD format requirement. Subject to the conditions in paragraphs (g)(2)(i)
through (iv) of this section, a satellite carrier may retransmit to a
subscriber in high definition (HD) format the signal of a significantly
viewed station only if such carrier also retransmits in HD format the signal
of a station located in the local market of such subscriber and affiliated
with the same network whenever such format is available from such station,
including when the HD signal is broadcast on a multicast stream.
(i) The requirement in paragraph (g)(2) of this section applies only where a
satellite carrier retransmits to a subscriber the significantly viewed
station in HD format, and does not restrict a satellite carrier from
retransmitting to a subscriber a significantly viewed station in standard
definition (SD) format.
(ii) For purposes of paragraph (g)(2) of this section, the term “HD
format” refers to a picture quality resolution of 720p, 1080i, or higher.
(iii) For purposes of paragraph (g)(2) of this section, the local station's
HD signal will be considered “available” to the satellite carrier when the
station:
(A) Elects mandatory carriage or grants retransmission consent;
(B) Provides a good quality HD signal to the satellite carrier's local
receive facility (LRF); and
(C) Complies with the requirements of § § 76.65 and 76.66.
(iv) Notwithstanding the provisions of paragraph (g)(2)(iii) of this
section, if the local station is willing to grant retransmission consent and
make its HD signal available to the satellite carrier, but the satellite
carrier does not negotiate with the local station in good faith, as required
by § 76.65, then the local station's HD signal will be deemed “available” for
purposes of paragraph (g)(2) of this section.
(3) Exception if no network affiliate in local market. The limitations in
paragraphs (g)(1) and (g)(2) of this section will not prohibit a satellite
carrier from retransmitting a significantly viewed network station to a
subscriber located in a local market in which there are no network stations
affiliated with the same television network as the significantly viewed
station.
(4) Exception if waiver granted by local station. The limitations in
paragraphs (g)(1) and (g)(2) of this section will not apply if, and to the
extent that, the local network station affiliated with the same television
network as the significantly viewed station has granted a waiver in
accordance with 47 U.S.C. 340(b)(4).
(h) [Reserved]
(i) For purposes of paragraph (g) of this section, television network and
network station are as defined in 47 U.S.C. 339(d).
(j) Notwithstanding the requirements of this section, the signal of a
television broadcast station will be deemed to be significantly viewed if
such station is shown to qualify for such status pursuant to 47 U.S.C.
341(a).
(k) Notwithstanding the other provisions of this section, a satellite
carrier may not retransmit as significantly viewed the signal of a
television broadcast station into the Designated Market Areas identified in
47 U.S.C. 341(b).
[ 37 FR 3278 , Feb. 12, 1972, as amended at 37 FR 13866 , July 14, 1972; 40 FR 48930 , Oct. 20, 1975; 41 FR 32429 , Aug. 3, 1976; 42 FR 19346 , Apr. 13, 1977;
53 FR 17051 , May 13, 1988; 56 FR 33392 , July 22, 1991; 70 FR 76529 , Dec. 27,
2005; 75 FR 72986 , Nov. 29, 2010]
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Goto Section: 76.53 | 76.55
Goto Year: 2014 |
2016
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