§ 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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