Sec. 76.94  Notification.

    (a) In order to exercise non-duplication rights pursuant to 
Sec. 76.92, television stations shall notify each cable television 
system operator of the non-duplication sought in accordance with the 
requirements of this Section. Except as otherwise provided in paragraph 
(b) of this section, non-duplication protection notices shall include 
the following information:
    (1) The name and address of the party requesting non-duplication 
protection and the television broadcast station holding the non-
duplication right;
    (2) The name of the program or series (including specific episodes 
where necessary) for which protection is sought; and
    (3) The dates on which protection is to begin and end.
    (b) Broadcasters entering into contracts providing for network non-
duplication protection shall notify affected cable systems within 60 
calendar days of the signing of such a contract; provided, however, that 
for such contracts signed before May 5, 1989, a broadcaster may provide 
notice on or before June 19, 1989. In the event the broadcaster is 
unable based on the information contained in the contract, to furnish 
all the information required by paragraph (a) of this section at that 
time, the broadcaster must provide modified notices that contain the 
following information:
    (1) The name of the network (or networks) which has (or have) 
extended non-duplication protection to the broadcaster;
    (2) The time periods by time of day (local time) and by network (if 
more than one) for each day of the week that the broadcaster will be 
broadcasting programs from that network (or networks) and for which non-
duplication protection is requested; and

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    (3) The duration and extent (e.g., simultaneous, same-day, seven-
day, etc.) of the non-duplication protection which has been agreed upon 
by the network (or networks) and the broadcaster.
    (c) Except as otherwise provided in paragraph (d) of this section, a 
broadcaster shall be entitled to non-duplication protection beginning on 
the later of:
    (1) The date specified in its notice (as described in paragraphs (a) 
or (b) of this section, whichever is applicable) 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.
    (d) A broadcaster shall provide the following information to the 
cable television system under the following circumstances:
    (1) In the event the protection specified in the notices described 
in paragraphs (a) or (b) of this section has been limited or ended prior 
to the time specified in the notice, or in the event a time period, as 
identified to the cable system in a notice pursuant to paragraph (b) of 
this section, for which a broadcaster has obtained protection is shifted 
to another time of day or another day (but not expanded), the 
broadcaster shall, as soon as possible, inform each cable television 
system operator that has previously received the notice of all changes 
from the original notice. 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.
    (2) In the event the protection specified in the modified notices 
described in paragraph (b) of this section has been expanded, the 
broadcaster shall, at least 60 calendar days prior to broadcast of a 
protected program entitled to such expanded protection, notify each 
cable system operator that has previously received notice of all changes 
from the original notice.
    (e) In determining which programs must be deleted from a television 
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 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 broadcaster requesting exclusivity.
    (f) A broadcaster exercising exclusivity pursuant to Sec. 76.92 
shall provide to the cable system, upon request, an exact copy of those 
portions of the contracts, such portions to be signed by both the 
network and the broadcaster, setting forth in full the provisions 
pertinent to the duration, nature, and extent of the non-duplication 
terms concerning broadcast signal exhibition to which the parties have 
agreed.

[ 54 FR 12918 , Mar. 29, 1989;  54 FR 25857 , June 20, 1989]