§  73.232   Territorial exclusivity.

   No licensee of an FM broadcast station shall have any arrangement with
   a network organization which prevents or hinders another station
   serving substantially the same area from broadcasting the network's
   programs not taken by the former station, or which prevents or hinders
   another station serving a substantially different area from
   broadcasting any program of the network organization: Provided,
   however, That this section does not prohibit arrangements under which
   the station is granted first call within its primary service area upon
   the network's programs. The term "network organization" means any
   organization originating program material, with or without commercial
   messages, and furnishing the same to stations interconnected so as to
   permit simultaneous broadcast by all or some of them. However,
   arrangements involving only stations under common ownership, or only
   the rebroadcast by one station of programming from another with no
   compensation other than a lump-sum payment by the station
   rebroadcasting, are not considered arrangements with a network
   organization. The term "arrangement" means any contract, arrangement or
   understanding, express or implied.

   [ 42 FR 16422 , Mar. 28, 1977, as amended at  57 FR 48333 , Oct. 23, 1992]