FCC Web Documents citing 76.122
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- blackout rule to satellite carriage of network stations. The Commission made revisions to conform the satellite rules to the cable rules and amended a rule to permit sports rights holders with a discernable season to submit blackout notifications for an entire season, but also to establish a date certain by when those notifications must be received by satellite carriers. Sections 76.122(c)(2) and 76.127(c) of the rules adopted in the Order on Reconsideration, which was published in the Federal Register at 67 FR 68944 (November 14, 2002), contained new or modified information collection requirements that required approval from the Office of Management and Budget (OMB) before they could become effective. The information collection requirements were approved by the Office of Management and
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- 325(b); 47 C.F.R. §76.64. 47 C.F.R. §76.120-122 and §76.92-95. See 47 C.F.R. §§ 76.92 and 76.93. The Commission's rules provide stations such protection within a 35-mile geographic zone (or 55 miles in smaller markets), which extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m), 76.53, and 76.92 Note. 47 C.F.R. §76.122, 124. The FCC's definition of ``nationally distributed superstation'' can be found at 47 C.F.R. §76.120. 47 C.F.R. §76.101-110, §76.120 and §76.123-125. See 47 C.F.R. §§ 76.101 and 76.103. The Commission's rules provide such protection within a station's 35-mile geographic zone, which extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m),
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- Commission's exclusivity rules because it has established that it is viewed over the air in the subject community. A similar exception is provided in the syndicated exclusivity rules. In Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Section 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert network nonduplication or syndicated exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting network nonduplication or syndicated
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- is met, the station is no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the SHVERA Significantly Viewed Report and Order, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- Docket No. 99-266 06/30/07 3060-0951 Service of Petitions for Preemption, 47 CFR Sec. 1.1204(b) Note, and Sec. 1.1206(a) Note 1 01/31/07 3060-0952 Proposed Demographic Information and Notifications, CC Docket Nos. 98-147 and 96-98 01/31/07 3060-0953 Wireless Medical Telemetry Service, ET Docket No. 99-255 04/30/07 3060-0955 2 GHz Mobile Satellite Service Reports 02/28/07 3060-0957 Wireless Enhanced 911 Service 11/30/07 3060-0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08 3060-0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the Ka-Band, and the Allocation of Additional Spectrum for Broadcast Satellite Service Use 11/30/08 3060-0963 Secs. 101.527 and 101.529 08/31/07 3060-0966 Secs. 80.385, 80.475, and 97.303 01/31/09 3060-0967 Sec. 79.2 11/30/07 3060-0968 FCC 501 11/30/07 3060-0970 Sec. 90.621 06/30/07 3060-0971
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Section 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Sainte Partners, II, LP For Waiver of Sections 76.92(f), 76.106(a), 76.122(j), and 76.123(k) of the Commission's Rules ) ) ) ) ) ) ) CSR-6960-N Adopted: March 31, 2006 Released: April 4, 2006 By the Deputy Chief, Media Bureau: introduction Sainte Partners, II, LP, licensee of television broadcast station KCVU (FOX), Paradise, California (``KCVU''), filed the captioned petition seeking a waiver of the rules that preclude cable operators and satellite carriers
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Capitol Broadcasting Company, Inc. Petition For Waiver of Sections 76.92(f), 76.106(a), 76.122(j)(2), and 76.123(k) of the Commission's Rules ) ) ) ) ) ) ) CSR-7069-N Adopted: January 31, 2007 Released: February 1, 2007 By the Deputy Chief, Policy Division, Media Bureau: introduction Capitol Broadcasting Company, Inc., licensee of station WRAL-TV (CBS), Raleigh, North Carolina (``WRAL-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- Credits for Tribal Lands, WT Docket No. 99-266 09/30/10 3060-0951 Sec. 1.1204(b) Note, and Sec. 1.1206(a) Note 1 01/31/10 3060-0952 Proposed Demographic Information and Notifications, CC Docket Nos. 98-147 and 96-98 01/31/10 3060-0953 Wireless Medical Telemetry Service, ET Docket No. 99-255, FCC 00-211 04/30/10 3060-0955 2 GHz Mobile Satellite Service Reports 02/28/10 3060-0957 Wireless Enhanced 911 Service 11/30/07 3060-0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08 3060-0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the Ka-Band, and the Allocation of Additional Spectrum for Broadcast Satellite Service Use 11/30/08 3060-0966 Secs. 80.385, 80.475, and 97.303 01/31/09 3060-0967 Sec. 79.2 09/30/10 3060-0968 FCC 501 09/30/10 3060-0971 Numbering Resource Optimization, CC Docket Nos. 96-98 and 99-200 11/30/07
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- is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in KGAN's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and sysndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f); see 47
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- City License LLC IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. § 76.92(f). Although not expressly requested in WBSF's petition for waiver of Section 76.92(f) (significantly viewed exception to cable network nonduplication), a waiver of Section 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f) and 76.122(j). See 47 U.S.C. §§ 340(a)(2) and 340(c). See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f); see 47 C.F.R. §§76.5(i) and 76.54. 47 C.F.R. §76.106(a).
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- Tribune Television Company IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. § 76.92(f). Although not expressly requested in WTIC-TV's petition for waiver of Section 76.92(f) (significantly viewed exception to cable network nonduplication), a waiver of Section 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f) and 76.122(j). See 47 U.S.C. §§ 340(a)(2) and 340(c). See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f); see 47 C.F.R. §§76.5(i) and 76.54. 47 C.F.R. §76.106(a).
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- Beach License LLC IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. § 76.92(f). Although not expressly requested in WPDE-TV's petition for waiver of Section 76.92(f) (significantly viewed exception to cable network nonduplication), a waiver of Section 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f) and 76.122(j). See 47 U.S.C. §§ 340(a)(2) and 340(c). See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f); see 47 C.F.R. §§76.5(i) and 76.54. 47 C.F.R. §76.106(a).
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- action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in WBOC-TV's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. See
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- is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in WPBF's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. See
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- no longer considered distant for purposes of the application of the exclusivity rules because it has established that it is viewed over the air in the subject community. In the 2005 Report and Order implementing Section 340 of the Communications Act, the Commission adopted a rule for satellite carriage that mirrors the rules for cable carriage. Accordingly, the amended Sections 76.122(a) and (j) and 76.123(a) and (k) of the Commission's rules allow a station or distributor with exclusive rights to network or syndicated programming to assert exclusivity protection to require satellite carriers to delete such programming. The duplicating station may respond to such assertions by claiming the significantly viewed exception. The party asserting exclusivity protection may request a waiver of the
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- petition filed by WTVG, Inc. IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §76.92(f). Although not expressly requested in WTVG's petition for waiver of Section 76.92(f) (significantly viewed exception to cable network nonduplication), a waiver of Section 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), and 76.122(j). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. We note that WTVG subsequently filed a supplement
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- by WUPW Broadcasting, LLC IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f). Although not expressly requested in WUPW's petition for waiver of Section 76.92(f) (significantly viewed exception to cable network nonduplication), a waiver of Section 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), and 76.122(j). See 47 U.S.C. §§ 340(a)(2) and 340(c). We note that, initially, WUPW also requested a waiver of the
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- is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in KXAN-TV's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R.
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- Providence TV Licensee Corp. IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f). Although not expressly requested in WLWC's petition for waiver of Section 76.92(f) (significantly viewed exception to cable network nonduplication), a waiver of Section 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f) and 76.122(j). See 47 U.S.C. § 340(a)(2). Petition at 1. See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f);
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- stream is in HD and is affiliated with the same network as an significantly viewed station retransmitted in HD to subscribers in the local market by the satellite carrier. Id at 16386-87, 16411, ¶¶ 3, 53-54. See generally SHVERA Report (description and history of the network non-duplication, syndicated exclusivity, and sports blackout rules). See 47 C.F.R. §§ 76.92, 76.93 and 76.122. The Commission is seeking comment on whether to eliminate these rules as part of its ongoing proceeding examining the retransmission rules. See Retransmission Consent NPRM, n.13, supra. See 47 C.F.R. §§ 76.101, 76.120 and 76.123-125. Stations deemed significantly viewed are exempt from deletion under the syndicated exclusivity rules. In order to determine the predicted service area for purposes of the
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- action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in Saga's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. See
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- action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in Saga's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. See
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- action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in KLWY's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. See
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- is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 47 C.F.R. §§ 76.92(f) and 76.106(a). Although not expressly requested in WISN-TV's petition for waiver of Sections 76.92(f) and 76.106(a) (significantly viewed exception to cable network nonduplication and syndicated exclusivity), a waiver of Sections 76.122(j) and 76.123(k) (significantly viewed exception to satellite network nonduplication and syndicated exclusivity) would also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. §§ 340(a)(2) and 340(c). Petition at 1. WISN-TV
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- carry); 47 C.F.R. § 76.64 (cable retransmission consent); 47 C.F.R. § 76.66 (DBS signal carriage). Copyright Act of 1976 (``Copyright Act''), 17 U.S.C. §§ 111, 119, 122. 47 C.F.R. § 76.92-76.95 (cable network non-duplication); 47 C.F.R. § 76.101-110 (cable syndicated exclusivity); 47 C.F.R. § 76.111 (cable sports blackout); 47 C.F.R. § 76.120 (satellite definitions related to exclusivity); 47 C.F.R. § 76.122 (satellite network non-duplication); 47 C.F.R. § 76.123-76.125 (satellite syndicated exclusivity); 47 C.F.R. § 76.127 (satellite sports blackout); 47 C.F.R. § 76.128 (application of cable and satellite sports blackout rules); 47 C.F.R. § 76.130 (satellite substitution for blacked out programming). See Implementation of the Satellite Home Viewer Improvement Act 1999: Broadcast Signal Carriage Issues, Retransmission Consent Issues, 16 FCC Rcd 1918
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- deemed to require the deletion of any portion of a television signal which a community unit was lawfully carrying prior to March 31, 1972. (f) The provisions of this section shall not apply to any community unit having fewer than 1,000 subscribers. Network Non-duplication Protection, Syndicated Exclusivity and Sports Blackout Rules for Satellite Carriers §76.120 Definitions. For purposes of Sections 76.122-76.130, the following definitions apply: Satellite carrier.-- The term "satellite carrier" means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of
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- this Part, television broadcast stations within whose Grade B contours the community of the community unit or the community within which the sporting event is taking place is located, in whole or in part; Clarification of Non-Duplication Protection Notices Background. Emmis Television Broadcasting, L.P. d/b/a WCKF-TV, Orlando, Florida (``Emmis'') in an ex parte submission requested reconsideration and revision of Section 76.122 of our rules. Emmis asserts that Section 76.122(c)(2) is dissimilar to the notification requirements in the cable context insofar as §76.122(c)(2) requires the inclusion of specific program information regardless of an affiliate's ability to furnish that information based on the content of its affiliation contract. Discussion. In the Report and Order, the Commission concluded that stations should notify satellite carriers
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- and syndicated exclusivity rules for satellite carriers in the same manner as is permissible in the cable context. We reject EchoStar's proposed de-listing procedure because the network non-duplication and syndicated exclusivity deletions only apply to specific programming, and not the entire signal. Thus, it would not be appropriate to remove the signal from the list. Accordingly, we will revise Sections 76.122 and 76.123, as proposed. Definition of ``Satellite Community'' The SHVERA required the Commission to define ``community'' in the satellite context. Under the SHVERA, a ``community'' is either (1) a county or a cable community under the Commission's rules (applicable to significantly viewed signals), or (2) a satellite community as defined by the Commission in implementing the statute. The concept of
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- bandwidth of the significantly viewed station or (2) the entire bandwidth of the digital signal broadcast by such local station. (i) For purposes of subsections (g) and (h), television network and network station are as defined in 47 U.S.C. § 339(d). Revise Part 76, subpart F to read as follows: Subpart F--Network Non-Duplication Protection, Syndicated Exclusivity and Sports Blackout § 76.122 Satellite network non-duplication. (a) Upon receiving notification pursuant to paragraph (c) of this section, a satellite carrier shall not deliver, to subscribers within zip code areas located 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
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- Act of 1996 (``CWAAA''). The Paperwork Reduction Act of 1995 (``PRA''), Pub. L. No. 104-13, 109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.). The Commission does not propose to modify the existing information collections that relate to the Commission's significantly viewed rules and procedures: OMB Control Nos. 3060-0311 (47 C.F.R. § 76.54), 3060-0960 (47 C.F.R. §§ 76.122, 76.123, 76.124, 76.127), and 3060-0888 (47 C.F.R. § 76.7). The Commission will continue to maintain these collections and seek extensions at the appropriate time. The Small Business Paperwork Relief Act of 2002 (``SBPRA''), Pub. L. No. 107-198, 116 Stat 729 (2002) (codified in Chapter 35 of title 44 U.S.C.); see 44 U.S.C. 3506(c)(4). See 47 C.F.R. § 1.1206(b); see also
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- The Commission concluded at that time that it would not be reasonable if choices on cable were more limited than choices over-the-air, and gave cable carriage rights to stations in communities where they had significant over-the-air (non-cable) viewing. Id. See supra note 10 (for background on SV List). See 47 C.F.R. §§ 76.5(ee) (revised), 76.5(gg) (added), 76.54(a)-(c) (revised), 76.54(e)-(k) (added), 76.122(a) and (j) (revised), and 76.123(a) and (k) (revised). See 47 U.S.C. § 340(a). As mandated by the SHVERA, the Commission required satellite carriers or broadcast stations seeking SV status for satellite carriage to follow the same petition process now in place for cable carriage. See 47 C.F.R. §§ 76.5, 76.7 and 76.54(a)-(d). 47 U.S.C. § 340(b) (2004). The eligibility requirements
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- applies to cable operators only. See 47 C.F.R. § 76.1601. A different provision of the Act, Section 338, governs satellite carriage of local broadcast stations, and it does not include a prohibition on deletion or repositioning during sweeps. See 47 U.S.C. § 338. 47 U.S.C. §§ 154(i), 303(r), 303(v), 335(a). See 47 C.F.R. §§ 76.92 et seq., 76.101 et seq., 76.122, 76.123. See 47 C.F.R. §§ 76.92-76.94. See 47 C.F.R. § 76.92. The size of the geographic zone depends upon the size of the market in which the station is located. See 47 C.F.R. § 76.92(b). See 47 C.F.R. § 76.101 et seq. In the year 2000, the Commission adopted rules implementing provisions of SHVIA that applied the network non-duplication and
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- Affiliates Comments at 14-15. The Commission's network non-duplication rules protect a local commercial broadcast television station's right to be the exclusive distributor of network programming within a specified zone, and require an MVPD to black out programming subject to the rules when the MVPD imports another station's signal into the local station's zone of protection. 47 C.F.R. §§ 76.92 and 76.122. The rights are contingent upon the terms of the broadcast station's network affiliation agreement. 47 C.F.R. §§ 76.93, 76.94(f), and 76.122(b), (i). See also FCC, Retransmission Consent and Exclusivity Rules: Report to Congress Pursuant to Section 208 of the Satellite Home Viewer Extension and Reauthorization Act of 2004, MB Docket No. 05-28 (MB, rel. Sept. 8, 2005) (``SHVERA Section 208
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- Parties entitled to network non-duplication protection. [32]76.94 Notification. [33]76.95 Exceptions. [34]76.101 Cable syndicated program exclusivity: extent of protection. [35]76.103 Parties entitled to syndicated exclusivity. [36]76.105 Notification. [37]76.106 Exceptions. [38]76.107 Exclusivity contracts. [39]76.108 Indemnification contracts. [40]76.109 Requirements for invocation of protection. [41]76.110 Substitutions. [42]76.111 Cable sports blackout. [43]76.120 Network non-duplication protection, syndicated exclusivity and sports blackout rules for satellite carriers: Definitions. [44]76.122 Satellite network non-duplication. [45]76.123 Satellite syndicated program exclusivity. [46]76.124 Requirements for invocation of protection. [47]76.125 Indemnification contracts. [48]76.127 Satellite sports blackout. [49]76.128 Application of sports blackout rules. [50]76.130 Substitutions. Subpart G -- Cablecasting [51]76.205 Origination cablecasts by legally qualified candidates for public office; equal opportunities. [52]76.206 Candidate rates. [53]76.209 Fairness doctrine; personal attacks; political editorials. [54]76.213 Lotteries. [55]76.225 Commercial limits
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- 76.101 Cable syndicated program exclusivity: extent of protection. § 76.103 Parties entitled to syndicated exclusivity. § 76.105 Notification. § 76.106 Exceptions. § 76.107 Exclusivity contracts. § 76.108 Indemnification contracts. § 76.109 Requirements for invocation of protection. § 76.110 Substitutions. § 76.111 Cable sports blackout. § 76.120 Network non-duplication protection, syndicated exclusivity and sports blackout rules for satellite carriers: Definitions. § 76.122 Satellite network non-duplication. § 76.123 Satellite syndicated program exclusivity. § 76.124 Requirements for invocation of protection. § 76.125 Indemnification contracts. § 76.127 Satellite sports blackout. § 76.128 Application of sports blackout rules. § 76.130 Substitutions. Subpart G-Cablecasting § 76.205 Origination cablecasts by legally qualified candidates for public office; equal opportunities. § 76.206 Candidate rates. § 76.209 Fairness doctrine; personal attacks;