§ 76.105   Notification.

   (a) In order to exercise exclusivity rights pursuant to § 76.101,
   distributors or television stations shall notify each cable television
   system operator of the exclusivity sought in accordance with the
   requirements of this section. 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.

   (b): Broadcasters entering into contracts which contain syndicated
   exclusivity protection shall notify affected cable systems within sixty
   calendar days of the signing of such a contract. A broadcaster shall be
   entitled to exclusivity protection beginning on the later of:

   (1) The date specified in its notice to the cable television system; or

   (2) The first day of the calendar week (Sunday through Saturday) that
   begins 60 days after the cable television system receives notice from
   the broadcaster;

   (c) In determining which programs must be deleted from a television
   broadcast signal, a cable television system operator may rely on
   information from any of the following sources published or otherwise
   made available.

   (1) Newspapers or magazines of general circulation;

   (2) A television station whose programs may be subject to deletion. If
   a cable television system asks a television station for information
   about its program schedule, the television station shall answer the
   request:

   (i) Within ten business days following the television station's receipt
   of the request; or

   (ii) Sixty days before the program or programs mentioned in the request
   for information will be broadcast; whichever comes later.

   (3) The distributor or television station requesting exclusivity.

   (d) 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 cable
   television system operator 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
   cable television system operator of the occurrence of the relevant
   contingency. Notice to be furnished “as soon as possible” under this
   paragraph shall be furnished by telephone, telegraph, facsimile,
   overnight mail or other similar expedient means.

   [ 65 FR 68101 , Nov. 14, 2000, as amended at  83 FR 7627 , Feb. 22, 2018]

   Effective Date Note: At  83 FR 7627 , Feb. 22, 2018, § 76.105 was amended
   by revising the introductory text to paragraph (b). This paragraph
   contains information collection and recordkeeping requirements and will
   not become effective until approval has been given by the Office of
   Management and Budget.

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