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 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 BRS/EBS provider, 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 and stations that return their analog spectrum
   allocation and broadcast in digital only shall make their initial election
   any time between 60 days prior to commencing broadcast and 30 days after
   commencing broadcast or commencing broadcasting in digital only; such
   initial election shall take effect 90 days after it is 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(e)), the
   operator must obtain the station's express authority prior to retransmitting
   its signal.

   (j) 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. This rule applies for either the analog
   or the digital signal of a television station.

   (k) 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.

   (l) Exclusive retransmission consent agreements are prohibited. No
   television broadcast station shall make or negotiate any agreement with one
   multichannel video programming distributor for carriage to the exclusion of
   other multichannel video programming distributors. This paragraph shall
   terminate at midnight on December 31, 2009.

   (m) 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.

   Note 1 to  Sec. 76.64: Section 76.1608 provides notification requirements for a
   cable system that changes its technical configuration in such a way as to
   integrate two formerly separate cable systems.

   [ 58 FR 17363 , Apr. 2, 1993, as amended at  59 FR 62345 , Dec. 5, 1994;  65 FR 15575 , Mar. 23, 2000;  65 FR 53615 , Sept. 5, 2000;  66 FR 16553 , Mar. 26,
   2001;  67 FR 17015 , Apr. 9, 2002;  69 FR 72045 , Dec. 10, 2004;  70 FR 40224 ,
   July 13, 2005]