§ 76.124   Requirements for invocation of protection.

   For a television broadcast station licensee or distributor of syndicated
   programming to be eligible to invoke the provisions of § 76.122 or § 76.123 of
   this subpart, it must have a contract or other written indicia that it holds
   network program non-duplication or syndicated exclusivity rights for the
   exhibition  of  the program in question. Contracts entered on or after
   November 29, 2000, must contain the following words: “the licensee [or
   substitute name] shall, by the terms of this contract, be entitled to invoke
   the  protection  against duplication of programming imported under the
   Statutory Copyright License, as provided in § 76.122 or § 76.123 of the FCC
   rules [or 'as provided in the FCC's satellite network non-duplication or
   syndicated exclusivity rules'].” Contracts entered into prior to November
   29, 2000, must contain the foregoing language plus a clear and specific
   reference to the licensee's authority to exercise exclusivity rights as to
   the specific programming against signal carriage by the satellite carrier in
   question, or by satellite carriage in general in a protected, geographic or
   specified zone. In the absence of such a specific reference in contracts
   entered into prior to November 29, 2000, the provisions of these rules may
   be invoked only if the contract is amended to include the specific language
   referenced in this section or a specific written acknowledgment is obtained
   from the party from whom the broadcast exhibition rights were obtained that
   the existing contract was intended, or should now be construed by agreement
   of  the parties, to include such rights. A general acknowledgment by a
   supplier of exhibition rights that specific contract language was intended
   to convey rights under these rules will be accepted with respect to all
   contracts containing that specific language. Nothing in this section shall
   be construed as a grant of exclusive rights to a broadcaster where such
   rights are not agreed to by the parties.

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