Goto Section: 76.64 | 76.66 | Table of Contents
FCC 76.65
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 76.65 Good faith and exclusive retransmission consent complaints.
(a) Duty to negotiate in good faith. Television broadcast stations and
multichannel video programming distributors shall negotiate in good faith
the terms and conditions of retransmission consent agreements to fulfill the
duties established by section 325(b)(3)(C) of the Act; provided, however,
that it shall not be a failure to negotiate in good faith if:
(1) The television broadcast station proposes or enters into retransmission
consent agreements containing different terms and conditions, including
price terms, with different multichannel video programming distributors if
such different terms and conditions are based on competitive marketplace
considerations; or
(2) The multichannel video programming distributor enters into
retransmission consent agreements containing different terms and conditions,
including price terms, with different broadcast stations if such different
terms and conditions are based on competitive marketplace considerations. If
a television broadcast station or multichannel video programming distributor
negotiates in accordance with the rules and procedures set forth in this
section, failure to reach an agreement is not an indication of a failure to
negotiate in good faith.
(b) Good faith negotiation—(1) Standards. The following actions or practices
violate a broadcast television station's or multichannel video programming
distributor's (the “Negotiating Entity”) duty to negotiate retransmission
consent agreements in good faith:
(i) Refusal by a Negotiating Entity to negotiate retransmission consent;
(ii) Refusal by a Negotiating Entity to designate a representative with
authority to make binding representations on retransmission consent;
(iii) Refusal by a Negotiating Entity to meet and negotiate retransmission
consent at reasonable times and locations, or acting in a manner that
unreasonably delays retransmission consent negotiations;
(iv) Refusal by a Negotiating Entity to put forth more than a single,
unilateral proposal;
(v) Failure of a Negotiating Entity to respond to a retransmission consent
proposal of the other party, including the reasons for the rejection of any
such proposal;
(vi) Execution by a Negotiating Entity of an agreement with any party, a
term or condition of which, requires that such Negotiating Entity not enter
into a retransmission consent agreement with any other television broadcast
station or multichannel video programming distributor;
(vii) Refusal by a Negotiating Entity to execute a written retransmission
consent agreement that sets forth the full understanding of the television
broadcast station and the multichannel video programming distributor; and
(viii) Coordination of negotiations or negotiation on a joint basis by two
or more television broadcast stations in the same local market (as defined
in 17 U.S.C. 122(j)) to grant retransmission consent to a multichannel video
programming distributor, unless such stations are directly or indirectly
under common de jure control permitted under the regulations of the
Commission.
(ix) The imposition by a television broadcast station of limitations on the
ability of a multichannel video programming distributor to carry into the
local market (as defined in 17 U.S.C. 122(j)) of such station a television
signal that has been deemed significantly viewed, within the meaning of
§ 76.54 of this part, or any successor regulation, or any other television
broadcast signal such distributor is authorized to carry under 47 U.S.C.
338, 339, 340 or 534, unless such stations are directly or indirectly under
common de jure control permitted by the Commission.
(2) Totality of the circumstances. In addition to the standards set forth in
§ 76.65(b)(1), a Negotiating Entity may demonstrate, based on the totality of
the circumstances of a particular retransmission consent negotiation, that a
television broadcast station or multichannel video programming distributor
breached its duty to negotiate in good faith as set forth in § 76.65(a).
(c) Good faith negotiation and exclusivity complaints. Any television
broadcast station or multichannel video programming distributor aggrieved by
conduct that it believes constitutes a violation of the regulations set
forth in this section or § 76.64(l) may commence an adjudicatory proceeding
at the Commission to obtain enforcement of the rules through the filing of a
complaint. The complaint shall be filed and responded to in accordance with
the procedures specified in § 76.7.
(d) Burden of proof. In any complaint proceeding brought under this section,
the burden of proof as to the existence of a violation shall be on the
complainant.
(e) Time limit on filing of complaints. Any complaint filed pursuant to this
subsection must be filed within one year of the date on which one of the
following events occurs:
(1) A complainant enters into a retransmission consent agreement with a
television broadcast station or multichannel video programming distributor
that the complainant alleges to violate one or more of the rules contained
in this subpart; or
(2) A television broadcast station or multichannel video programming
distributor engages in retransmission consent negotiations with a
complainant that the complainant alleges to violate one or more of the rules
contained in this subpart, and such negotiation is unrelated to any existing
contract between the complainant and the television broadcast station or
multichannel video programming distributor; or
(3) The complainant has notified the television broadcast station or
multichannel video programming distributor that it intends to file a
complaint with the Commission based on a request to negotiate retransmission
consent that has been denied, unreasonably delayed, or unacknowledged in
violation of one or more of the rules contained in this subpart.
(f) Termination of rules. This section shall terminate at midnight on
January 1, 2020, provided that if Congress further extends this date, the
rules remain in effect until the statutory authorization expires.
[ 70 FR 40224 , July 13, 2005, as amended at 74 FR 69286 , Dec. 31, 2009; 79 FR 28630 , May 19, 2014; 80 FR 11330 , Mar. 3, 2015]
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Goto Section: 76.64 | 76.66
Goto Year: 2014 |
2016
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