Goto Section: 76.153 | 76.156 | Table of Contents

FCC 76.155
Revised as of
Goto Year:1996 | 1998
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]


Goto Section: 76.153 | 76.156

Goto Year: 1996 | 1998
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