Sec. 76.1506  Carriage of television broadcast signals.

    (a) The provisions of Subpart D shall apply to open video systems in 
accordance with the provisions contained in this subpart.
    (b) For the purposes of this Subpart S, television stations are 
significantly viewed when they are viewed in households that do not 
receive television signals from multichannel video programming 
distributors as follows:
    (1) For a full or partial network station--a share of viewing hours 
of at least 3 percent (total week hours), and a net weekly circulation 
of at least 25 percent; and
    (2) For an independent station--a share of viewing hours of at least 
2 percent (total week hours), and a net weekly circulation of at least 5 
percent. See Sec. 76.1506(c).

    Note to paragraph (b): As used in this paragraph, ``share of viewing 
hours'' means the total hours that households that do not receive 
television signals from multichannel video programming distributors 
viewed the subject station during the week, expressed as a percentage of 
the total hours these households viewed all stations during the period, 
and ``net weekly circulation'' means the number of households that do 
not receive television signals from multichannel video programming 
distributors that viewed the station for 5 minutes or more during the 
entire week, expressed as a percentage of the total households that do 
not receive television signals from multichannel video programming 
distributors in the survey area.


[[Page 648]]


    (c) Significantly viewed signals; method to be followed for special 
showings. Any provision of Sec. 76.54 that refers to a ``cable 
television community'' or ``cable community or communities'' shall apply 
to an open video system community or communities. Any provision of 
Sec. 76.54 that refers to ``non-cable television homes'' shall apply to 
households that do not receive television signals from multichannel 
video programming distributors. Any provision of Sec. 76.54 that refers 
to a ``cable television system'' shall apply to an open video system.
    (d) Definitions applicable to the must-carry rules. Section 76.55 
shall apply to all open video systems in accordance with the provisions 
contained in this section. Any provision of Sec. 76.55 that refers to a 
``cable system'' shall apply to an open video system. Any provision of 
Sec. 76.55 that refers to a ``cable operator'' shall apply to an open 
video system operator. Any provision of Sec. 76.55 that refers to the 
``principal headend'' of a cable system as defined in Sec. 76.5(pp) 
shall apply to the equivalent of the principal headend of an open video 
system. Any provision of Sec. 76.55 that refers to a ``franchise area'' 
shall apply to the service area of an open video system. The provisions 
of Sec. 76.55 that permit cable operators to refuse carriage of signals 
considered distant signals for copyright purposes shall not apply to 
open video system operators. If an open video system operator cannot 
limit its distribution of must-carry signals to the local service area 
of broadcast stations as used in 17 U.S.C. 111(d), it will be liable for 
any increase in copyright fees assessed for distant signal carriage 
under 17 U.S.C. 111.
    (e) Signal carriage obligations. Any provision of Sec. 76.56 that 
refers to a ``cable television system'' or ``cable system'' shall apply 
to an open video system. Any provision of Sec. 76.56 that refers to a 
``cable operator'' shall apply to an open video system operator. Section 
76.56(d)(2) shall apply to open video systems as follows: An open video 
system operator shall make available to every subscriber of the open 
video system all qualified local commercial television stations and all 
qualified non-commercial educational television stations carried in 
fulfillment of its carriage obligations under this section.
    (f) Channel positioning. Open video system operators shall comply 
with the provisions of Sec. 76.57 to the closest extent possible. Any 
provision of Sec. 76.57 that refers to a ``cable operator'' shall apply 
to an open video system operator. Any provision of Sec. 76.57 that 
refers to a ``cable system'' shall apply to an open video system, except 
the references to ``cable system'' in Sec. 76.57(d) which shall apply to 
an open video system operator.
    (g) Notification. Any provision of Sec. 76.58 that refers to a 
``cable operator'' shall apply to an open video system operator. Any 
provision of Sec. 76.58 that refers to a ``cable system'' shall apply to 
an open video system. Any provision of Sec. 76.58 that refers to a 
``principal headend'' shall apply to the equivalent of the principal 
headend for an open video system.
    (h) Modification of television markets. Any provision of Sec. 76.59 
that refers to a ``cable system'' shall apply to an open video system. 
Any provision of Sec. 76.59 that refers to a ``cable operator'' shall 
apply to an open video system operator.
    (i) Compensation for carriage. Any provision of Sec. 76.60 that 
refers to a ``cable operator'' shall apply to an open video system 
operator. Any provision of Sec. 76.60 that refers to a ``cable system'' 
shall apply to an open video system. Any provision of Sec. 76.60 that 
refers to a ``principal headend'' shall apply to the equivalent of the 
principal headend for an open video system.
    (j) Disputes concerning carriage. Any provision of Sec. 76.61 that 
refers to a ``cable operator'' shall apply to an open video system 
operator. Any provision of Sec. 76.61 that refers to a ``cable system'' 
shall apply to an open video system. Any provision of Sec. 76.61 that 
refers to a ``principal headend'' shall apply to the equivalent of the 
principal headend for an open video system.
    (k) Manner of carriage. Any provision of Sec. 76.62 that refers to a 
``cable operator'' shall apply to an open video system operator.
    (l) Retransmission consent. Section 76.64 shall apply to open video 
systems in accordance with the provisions contained in this paragraph.

[[Page 649]]

    (1) Any provision of Sec. 76.64 that refers to a ``cable system'' 
shall apply to an open video system. Any provision of Sec. 76.64 that 
refers to a ``cable operator'' shall apply to an open video system 
operator.
    (2) Must-carry/retransmission consent election notifications shall 
be sent to the open video system operator. An open video system operator 
shall make all must-carry/retransmission consent election notifications 
received available to the appropriate programming providers on its 
system.
    (3) Television broadcast stations are required to make the same 
election for open video systems and cable systems serving the same 
geographic area, unless the overlapping open video system is unable to 
deliver appropriate signals in conformance with the broadcast station's 
elections for all cable systems serving the same geographic area.
    (4) An open video system commencing new operations shall notify all 
local commercial and noncommercial broadcast stations as required under 
paragraph (l) of this section on or before the date on which it files 
with the Commission its Notice of Intent to establish an open video 
system.
    (m) Sports broadcast. Section 76.67 shall apply to open video 
systems in accordance with the provisions contained in this paragraph.
    (1) Any provisions of Sec. 76.67 that refers to a ``community unit'' 
shall apply to an open video system or that portion of an open video 
system that operates or will operate within a separate and distinct 
community or municipal entity (including unincorporated communities 
within unincorporated areas and including single, discrete 
unincorporated areas).
    (2) Notification of programming to be deleted pursuant to this 
section shall be served on the open video system operator. The open 
video system operator shall make all notifications immediately available 
to the appropriate video programming providers on its open video system. 
Operators may effect the deletion of signals for which they have 
received deletion notices unless they receive notice within a reasonable 
time from the appropriate programming provider that the rights claimed 
are invalid. The open video system operator shall not delete signals for 
which it has received notice from the programming provider that the 
rights claimed are invalid. An open video system operator shall be 
subject to sanctions for any violation of this subpart. An open video 
system operator may require indemnification as a condition of carriage 
for any sanctions it may incur in reliance on a programmer's claim that 
certain exclusive or non-duplication rights are invalid.
    (n) Exemption from input selector switch rules. Any provision of 
Sec. 76.70 that refers to a ``cable system'' or ``cable systems'' shall 
apply to an open video system or open video systems.
    (o) Special relief and must-carry complaint procedures. The 
procedures set forth in Sec. 76.7 shall apply to special relief and 
must-carry complaints relating to open video systems, and not the 
procedures set forth in Sec. 76.1514 (Dispute resolution). Any provision 
of Sec. 76.7 that refers to a ``cable television system operator'' or 
``cable operator'' shall apply to an open video system operator. Any 
provision of Sec. 76.7 that refers to a ``cable television system'' 
shall apply to an open video system. Any provision of Sec. 76.7 that 
refers to a ``system community unit'' shall apply to an open video 
system or that portion of an open video system that operates or will 
operate within a separate and distinct community or municipal entity 
(including unincorporated communities within unincorporated areas and 
including single, discrete unincorporated areas).

[ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43177 , Aug. 21, 1996]

    Effective Date Note: At  61 FR 43177 , Aug. 21, 1996, in Sec. 76.1506, 
paragraphs (d), (l)(3) and (m)(2) were revised. This amendment contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.