Federal Communications Commission § 76.122

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 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 . 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 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 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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(e) Except as otherwise provided in (h) If a satellite carrier asks a na- this section, a broadcaster shall be en- tionally distributed superstation for titled to non-duplication protection be- information about its program sched- ginning on the later of: ule, the nationally distributed super- (1) The date specified in its notice to station shall answer the request: the satellite carrier; or (i) Within ten business days following (2) The first day of the calendar week its receipt of the request; or (Sunday through Saturday) that begins (ii) Sixty days before the program or 60 days after the satellite carrier re- programs mentioned in the request for ceives notice from the broadcaster; information will be broadcast, which- Provided, however, that with respect to ever comes later. notifications given pursuant to this (i) A broadcaster exercising exclu- section prior to June 1, 2001, a satellite sivity pursuant to this section shall carrier is not required to provide non- provide to the satellite carrier, upon duplication protection until 120 days request, an exact copy of those por- after the satellite carrier receives such tions of the contracts, such portions to notification. be signed by both the network and the (f) A broadcaster shall provide the broadcaster, setting forth in full the following information to the satellite provisions pertinent to the duration, carrier under the following cir- nature, and extent of the non-duplica- cumstances: tion terms concerning broadcast signal (1) In the event the protection speci- exhibition to which the parties have fied in the notices described in para- agreed. graph (c) of this section has been lim- ited or ended prior to the time speci- (j) A satellite carrier is not required fied in the notice, or in the event a to delete the duplicating programming time period, as identified to the sat- of any nationally distributed supersta- ellite carrier in a notice pursuant to tion that is carried by the satellite car- paragraph (c) of this section, for which rier as a local station pursuant to a broadcaster has obtained protection § 76.66 of this chapter or as a signifi- is shifted to another time of day or an- cantly viewed station pursuant to other day (but not expanded), the § 76.54 of this chapter broadcaster shall, as soon as possible, (1) Within the station’s local market; inform each satellite carrier that has (2) If the station is ‘‘significantly previously received the notice of all viewed,’’ pursuant to § 76.54 of this changes from the original notice. No- chapter, in zip code areas included tice to be furnished ‘‘as soon as pos- within the zone of protection unless a sible’’ under this paragraph shall be waiver of the significantly viewed ex- furnished by , telegraph, fac- ception is granted pursuant to § 76.7 of simile, e-mail, overnight mail or other this chapter; or similar expedient means. (3) If the zone of protection falls, in (2) In the event the protection speci- whole or in part, within that signal’s fied in the notices described in para- grade B contour or noise limited serv- graph (c) of this section has been ex- ice contour. panded, the broadcaster shall, at least (k) A satellite carrier is not required 60 calendar days prior to broadcast of a to delete the duplicating programming protected program entitled to such ex- of any nationally distributed supersta- panded protection, notify each satellite tion from an individual subscriber who carrier that has previously received no- is located outside the zone of protec- tice of all changes from the original tion, notwithstanding that the sub- notice. scriber lives within a zip code provided (g) In determining which programs by the broadcaster pursuant to para- must be deleted from a television sig- graph (c) of this section. nal, a satellite carrier may rely on in- (l) A satellite carrier is not required formation from newspapers or maga- to delete programming if it has fewer zines of general circulation, the broad- than 1,000 subscribers within the rel- caster requesting exclusivity protec- evant protected zone who subscribe to tion, or the nationally distributed the nationally distributed superstation superstation. carrying the programming for which

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deletion is requested pursuant to para- (3)The dates on which exclusivity is graph (c) of this section. to begin and end; and [65 FR 68101, Nov. 14, 2000, as amended at 67 (4) A list of the U.S. postal zip code(s) FR 68951, Nov. 14, 2002; 70 FR 76530, Dec. 27, that encompass the zone of protection 2005] under these rules. (e) A distributor or television station § 76.123 Satellite syndicated program exercising exclusivity pursuant to this exclusivity. Section shall provide to the satellite (a) Upon receiving notification pur- carrier, upon request, an exact copy of suant to paragraph (d) of this section, those portions of the exclusivity con- a satellite carrier shall not deliver, to tracts, such portions to be signed by subscribers located within zip code both the distributor and the television areas in whole or in part within the station, setting forth in full the provi- zone of protection of a commercial tel- sions pertinent to the duration, nature, evision station licensed by the Com- and extent of the exclusivity terms mission, a program carried on a nation- concerning broadcast signal exhibition ally distributed superstation or on a to which the parties have agreed. station carried pursuant to § 76.54 of (f) Television broadcast stations or this chapter when the syndicated pro- distributors entering into contracts on gram exclusivity rights to such pro- or after November 29, 2000, which con- gram are held by the commercial tele- tain syndicated exclusivity protection vision station providing notice, except with respect to satellite retransmission as provided in paragraphs (k), (l) and of programming, shall notify affected (m) of this section. satellite carriers within sixty calendar (b) Television broadcast station li- days of the signing of such a contract. censees shall be entitled to exercise ex- Television broadcast stations or dis- clusivity rights pursuant to this Sec- tributors who have entered into con- tion in accordance with the contrac- tracts prior to November 29, 2000, and tual provisions of their syndicated pro- who comply with the requirements gram license agreements, consistent specified in § 76.124 shall notify affected with § 76.124. satellite carriers on or before January (c) Distributors of syndicated pro- 31, 2001; provided, however, that with gramming shall be entitled to exercise respect to pre-November 29, 2000 con- exclusive rights pursuant to this Sec- tracts that require amendment in order tion for a period of one year from the to invoke the provisions of these rules, initial licensing notification may be given within sixty of such programming anywhere in the calendar days of the signing of such ; provided, however, that amendment. distributors shall not be entitled to ex- ercise such rights in areas in which the (g) Except as otherwise provided in programming has already been li- this section, a television broadcast sta- censed. tion shall be entitled to exclusivity (d) In order to exercise exclusivity protection beginning on the later of: rights pursuant to this Section, dis- (1) The date specified in its notice to tributors of syndicated programming the satellite carrier; or or television broadcast stations shall (2) The first day of the calendar week notify each satellite carrier of the ex- (Sunday through Saturday) that begins clusivity sought in accordance with the 60 days after the satellite carrier re- requirements of this paragraph. Syn- ceives notice from the broadcaster. dicated program exclusivity notices Provided, however, that with respect shall include the following informa- to notifications given pursuant to this tion: section prior to June 1, 2001, a satellite (1) The name and address of the party carrier is not required to provide syn- requesting exclusivity and the tele- dicated exclusivity protection until 120 vision broadcast station or other party days after the satellite carrier receives holding the exclusive right; such notification. (2)The name of the program or series (h) In determining which programs (including specific episodes where nec- must be deleted from a television essary) for which exclusivity is sought; broadcast signal, a satellite carrier

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