Sec. 76.64  Retransmission consent.

    (a) After 12:01 a.m. on October 6, 1993, no multichannel video 
programming distributor shall retransmit the signal of any commercial 
broadcasting station without the express authority of the originating 
station, except as provided in paragraph (b) of this section.
    (b) A commercial broadcast signal may be retransmitted without 
express authority of the originating station if--
    (1) The distributor is a cable system and the signal is that of a 
commercial television station (including a low-power television station) 
that is being carried pursuant to the Commission's must-carry rules set 
forth in Sec. 76.56;
    (2) The multichannel video programming distributor obtains the 
signal of a superstation that is distributed by a satellite carrier and 
the originating station was a superstation on May 1, 1991, and the 
distribution is made only to areas outside the local market of the 
originating station; or
    (3) The distributor is a satellite carrier and the signal is 
transmitted directly to a home satellite antenna, provided that:
    (i) The broadcast station is not owned or operated by, or affiliated 
with, a broadcasting network and its signal was retransmitted by a 
satellite carrier on May 1, 1991, or
    (ii) The broadcast station is owned or operated by, or affiliated 
with a broadcasting network, and the household receiving the signal is 
an unserved household.
    (c) For purposes of this section, the following definitions apply:
    (1) A satellite carrier is an entity that uses the facilities of a 
satellite or satellite service licensed by the Federal Communications 
Commission, to establish and operate a channel of communications for 
point-to-multipoint distribution of television station signals, and that 
owns or leases a capacity or service on a satellite in order to provide 
such point-to-multipoint distribution, except to the extent that such 
entity provides such distribution pursuant to tariff under the 
Communications Act of 1934, other than for private home viewing;
    (2) A superstation is a television broadcast station other than a 
network station, licensed by the Federal Communications Commission that 
is secondarily transmitted by a satellite carrier;
    (3) An unserved household with respect to a television network is a 
household that
    (i) Cannot receive, through the use of a conventional outdoor 
rooftop receiving antenna, an over-the-air signal of grade B intensity 
of a primary network station affiliated with that network, and
    (ii) Has not, within 90 days before the date on which that household 
subscribes, either initially or on renewal, received secondary 
transmissions by a satellite carrier of a network station

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affiliated with that network, subscribed to a cable system that provides 
the signal of a primary network station affiliated with the network.
    (4) A primary network station is a network station that broadcasts 
or rebroadcasts the basic programming service of a particular national 
network;
    (5) The terms ``network station,'' and ``secondary transmission'' 
have the meanings given them in 17 U.S.C. 111(f).
    (d) A multichannel video program distributor is an entity such as, 
but not limited to, a cable operator, a multichannel multipoint 
distribution service, a direct broadcast satellite service, a television 
receive-only satellite program distributor, or a satellite master 
antenna television system operator, that makes available for purchase, 
by subscribers or customers, multiple channels of video programming.
    (e) The retransmission consent requirements of this section are not 
applicable to broadcast signals received by master antenna television 
facilities or by direct over-the-air reception in conjunction with the 
provision of service by a multichannel video program distributor 
provided that the multichannel video program distributor makes reception 
of such signals available without charge and at the subscribers option 
and provided further that the antenna facility used for the reception of 
such signals is either owned by the subscriber or the building owner; or 
under the control and available for purchase by the subscriber or the 
building owner upon termination of service.
    (f) Commercial television stations are required to make elections 
between retransmission consent and must-carry status according to the 
following schedule:
    (1) The initial election must be made by June 17, 1993.
    (2) Subsequent elections must be made at three year intervals; the 
second election must be made by October 1, 1996 and will take effect on 
January 1, 1997; the third election must be made by October 1, 1999 and 
will take effect on January 1, 2000, etc.
    (3) Television stations that fail to make an election by the 
specified deadline will be deemed to have elected must carry status for 
the relevant three-year period.
    (4) New television stations shall make their initial election any 
time between 60 days prior to commencing broadcast and 30 days after 
commencing broadcast; such initial election shall take effect 90 days 
after they are made.
    (5) Television broadcast stations that become eligible for must 
carry status with respect to a cable system or systems due to a change 
in the market definition may, within 30 days of the effective date of 
the new definition, elect must-carry status with respect to such system 
or systems. Such elections shall take effect 90 days after they are 
made.
    (g) If one or more franchise areas served by a cable system overlaps 
with one or more franchise areas served by another cable system, 
television broadcast stations are required to make the same election for 
both cable systems.
    (h) On or before each must-carry/retransmission consent election 
deadline, each television broadcast station shall place copies of all of 
its election statements in the station's public file, and shall send via 
certified mail to each cable system in the station's defined market a 
copy of the station's election statement with respect to that operator.
    (i) Notwithstanding a television station's election of must-carry 
status, if a cable operator proposes to retransmit that station's signal 
without according the station must-carry rights (i.e., pursuant to 
Sec. 76.56(f)), the operator must obtain the station's express authority 
prior to retransmitting its signal.
    (j) A cable system that changes its technical configuration in such 
a way as to integrate two formerly separate cable systems must give 90 
days notice of its intention to do so to any television broadcast 
stations that have elected must-carry status with respect to one system 
and retransmission consent status with respect to the other. If the 
system and the station do not agree on a uniform election 45 days prior 
to integration, the cable system may require the station to make such a 
uniform election 30 days prior to integration.

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    (k) Retransmission consent agreements between a broadcast station 
and a multichannel video programming distributor shall be in writing and 
shall specify the extent of the consent being granted, whether for the 
entire signal or any portion of the signal.
    (l) A cable system commencing new operation is required to notify 
all local commercial and noncommercial broadcast stations of its intent 
to commence service. The cable operator must send such notification, by 
certified mail, at least 60 days prior to commencing cable service. 
Commercial broadcast stations must notify the cable system within 30 
days of the receipt of such notice of their election for either must-
carry or retransmission consent with respect to such new cable system. 
If the commercial broadcast station elects must-carry, it must also 
indicate its channel position in its election statement to the cable 
system. Such election shall remain valid for the remainder of any three-
year election interval, as established in Sec. 76.64(f)(2). 
Noncommercial educational broadcast stations should notify the cable 
operator of their request for carriage and their channel position. The 
new cable system must notify each station if its signal quality does not 
meet the standards for carriage and if any copyright liability would be 
incurred for the carriage of such signal. Pursuant to Sec. 76.57(e), a 
commercial broadcast station which fails to respond to such a notice 
shall be deemed to be a must-carry station for the remainder of the 
current three-year election period.
    (m) Exclusive retransmission consent agreements are prohibited. No 
television broadcast station shall make an agreement with one 
multichannel distributor for carriage, to the exclusion of other 
multichannel distributors.
    (n) A multichannel video programming distributor providing an all-
band FM radio broadcast service (a service that does not involve the 
individual processing of specific broadcast signals) shall obtain 
retransmission consents from all FM radio broadcast stations that are 
included on the service that have transmitters located within 92 
kilometers (57 miles) of the receiving antenna for such service. 
Stations outside of this 92 kilometer (57 miles) radius shall be 
presumed not to be carried in an all-band reception mode but may 
affirmatively assert retransmission consent rights by providing 30 days 
advance notice to the distributor.

[ 58 FR 17363 , Apr. 2, 1993, as amended at  59 FR 62345 , Dec. 5, 1994]