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 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. 593 VerDate Mar<15>2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00603 Fmt 8010 Sfmt 8010 Y:\SGML\220203.XXX 220203 WReier-Aviles on DSKGBLS3C1PROD with CFR § 76.122 47 CFR Ch. I (10–1–10 Edition) (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 telephone, 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 594 VerDate Mar<15>2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00604 Fmt 8010 Sfmt 8010 Y:\SGML\220203.XXX 220203 WReier-Aviles on DSKGBLS3C1PROD with CFR Federal Communications Commission § 76.123 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.