§ 76.120 47 CFR Ch. I (10–1–10 Edition)

delete a television program on a signal at least 25 affiliated television licens- regularly carried by the community ees in 10 or more States; unit, such community unit may, con- (2) On May 1, 1991, was retransmitted sistent with the rules contained in sub- by a satellite carrier and was not a net- part F of this part, substitute a pro- work station at that time; and gram from any other television broad- (3) Was, as of July 1, 1998, retrans- cast station. A program substituted mitted by a satellite carrier under the may be carried to its completion, and statutory license of Section 119 of title the community unit need not return to 17, United States Code. its regularly carried signal until it can (c) Television network. The term ‘‘tel- do so without interrupting a program evision network’’ means a television already in progress. network in the United States which of- (e) The provisions of this section fers an interconnected program service shall not be deemed to require the dele- on a regular basis for 15 or more hours tion of any portion of a television sig- per week to at least 25 affiliated broad- nal which a community unit was law- cast stations in 10 or more States. fully carrying prior to March 31, 1972. (d) Network station. The term ‘‘net- (f) The provisions of this section work station’’ means— shall not apply to any community unit (1) A television broadcast station, in- having fewer than 1,000 subscribers. cluding any translator station or ter- restrial satellite station that rebroad- § 76.120 Network non-duplication pro- casts all or substantially all of the pro- tection, syndicated exclusivity and gramming broadcast by a network sta- sports blackout rules for satellite tion, that is owned or operated by, or carriers: Definitions. affiliated with, one or more of the tele- For purposes of §§ 76.122–76.130, the vision networks in the United States following definitions apply: which offer an interconnected program service on a regular basis for 15 or (a) Satellite carrier. The term ‘‘sat- more hours per week to at least 25 of ellite carrier’’ means an entity that its affiliated television licensees in 10 uses the facilities of a satellite or sat- or more States; or ellite service licensed by the Federal (2) A noncommercial educational Communications Commission and oper- broadcast station (as defined in Section ates in the Fixed-Satellite Service 397 of the Communications Act of 1934); under part 25 of title 47 of the Code of except that the term does not include Federal Regulations or the Direct the signal of the Alaska Rural Commu- Broadcast Satellite Service under part nications Service, or any successor en- 100 of title 47 of the Code of Federal tity to that service. Regulations, to establish and operate a (e) Zone of protection. The term ‘‘zone channel of communications for point- of protection’’ means— to-multipoint distribution of television (1) With respect to network non-du- station signals, and that owns or leases plication, the zone of protection within a capacity or service on a satellite in which the television station is entitled order to provide such point-to- to enforce network non-duplication multipoint distribution, except to the protection shall be that geographic extent that such entity provides such area agreed upon between the network distribution pursuant to tariff under and the television station. In no event the Communications Act of 1934, other shall such rights exceed the area with- than for private home viewing. in which the television station may ac- (b) Nationally distributed superstation. quire broadcast territorial exclusivity The term ‘‘nationally distributed rights as defined in § 73.658(m) of this superstation’’ means a television Chapter, except that small market tel- broadcast station, licensed by the Com- evision stations shall be entitled to a mission, that— secondary protection zone of 32.2 addi- (1) Is not owned or operated by or af- tional kilometers (20 additional miles). filiated with a television network that, To the extent rights are obtained for as of January 1, 1995, offered inter- any hyphenated market named in connected program service on a regular § 76.51, such rights shall not exceed basis for 15 or more hours per week to those permitted under § 73.658(m) of

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this Chapter for each named commu- tual provisions of the network-affiliate nity in that market. agreement, and as provided in § 76.124. (2) With respect to each syndicated (c) In order to exercise non-duplica- program, the zone of protection within tion rights pursuant to § 76.122, tele- which the television station is entitled vision stations shall notify each sat- to enforce syndicated exclusivity ellite carrier of the non-duplication rights shall be that geographic area sought in accordance with the require- agreed upon between the non-network ments of this section. Non-duplication program supplier, producer or dis- protection notices shall include the fol- tributor and the television station. In lowing information: no event shall such zone exceed the (1) The name and address of the party area within which the television sta- requesting non-duplication protection tion has acquired broadcast territorial and the television broadcast station exclusivity rights as defined in holding the non-duplication right; § 73.658(m) of this Chapter. To the ex- (2) Where the agreement between net- tent rights are obtained for any hy- work and affiliate so identifies, the phenated market named in § 76.51, such rights shall not exceed those permitted name of the program or series (includ- under § 73.658(m) of this chapter for ing specific episodes where necessary) each named community in that mar- for which protection is sought; ket. (3) The dates on which protection is (3) With respect to sports blackout, to begin and end; the zone of protection is the ‘‘specified (4) The name of the network (or net- zone’’ of a television broadcast station, works) which has (or have) extended as defined in § 76.5(e). If there is no tele- non-duplication protection to the vision station licensed to the commu- broadcaster; nity in which the sports event is tak- (5) The time periods by time of day ing place, the applicable specified zone (local time) and by network (if more shall be that of the television station than one) for each day of the week that licensed to the community with which the broadcaster will be broadcasting the sports event or team is identified, programs from that network (or net- or, if the event or local team is not works) and for which non-duplication identified with any particular commu- protection is requested; nity, the nearest community to which (6) The duration and extent (e.g., si- a television station is licensed. multaneous, same-day, seven-day, etc.) of the non-duplication protection § 76.122 Satellite network non-duplica- which has been agreed upon by the net- tion. work (or networks) and the broad- (a) Upon receiving notification pur- caster; and suant to paragraph (c) of this section, a (7) A list of the U.S. postal zip code(s) satellite carrier shall not deliver, to that encompass the zone of protection subscribers within zip code areas lo- under these rules. cated in whole or in part within the (d) Broadcasters entering into con- zone of protection of a commercial tel- tracts providing for network non-dupli- evision station licensed by the Com- cation protection shall notify affected mission, a program carried on a nation- satellite carriers within 60 calendar ally distributed superstation or on a station carried pursuant to § 76.54 of days of the signing of such a contract; this chapter when the network non-du- provided, however, that for such con- plication rights to such program are tracts signed before November 29, 2000, held by the commercial television sta- the broadcaster may provide notice on tion providing notice, except as pro- or before January 31, 2001, or with re- vided in paragraphs (j), (k) or (l) of this spect to pre-November 29, 2000 con- section. tracts that require amendment in order (b) Television broadcast station li- to invoke the provisions of these rules, censees shall be entitled to exercise notification may be given within sixty non-duplication rights pursuant to calendar days of the signing of such § 76.122 in accordance with the contrac- amendment.

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