Sec. 76.155 Notification.
(a) In order to exercise exclusivity rights pursuant to Sec. 76.151,
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 on or after August 18,
1988, which contain syndicated exclusivity protection shall notify
affected cable systems within sixty calendar days of the signing of such
a contract. Broadcasters who have entered into contracts prior to August
18, 1988, and who comply with the requirements specified in Sec. 76.159
shall notify affected cable systems on or before June 19, 1989;
provided, however, that with respect to such pre-August 18, 1988,
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. 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-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
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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 subsection shall be
furnished by telephone, telegraph, facsimile, overnight mail or other
similar expedient means.
[ 53 FR 27171 , July 19, 1988, as amended at 54 FR 12919 , Mar. 29, 1989]
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