Sec. 76.60 Compensation for carriage.
A cable operator is prohibited from accepting or requesting monetary
payment or other valuable consideration in exchange either for carriage
or channel positioning of any broadcast television station carried in
fulfillment of the must-carry requirements, except that
(a) Any such station may be required to bear the costs associated
with delivering a good quality signal or a baseband video signal to the
principal headend of the cable system; or
(b) A cable operator may accept payments from stations which would
be considered distant signals under the cable compulsory copyright
license, 17 U.S.C. 111, as indemnification for any increased copyright
liability resulting from carriage of such signal.
Note: A cable operator may continue to accept monetary payment or
other valuable consideration in exchange for carriage or channel
positioning of the signal of any local commercial television station
carried in fulfillment of the must-carry requirements, through, but not
beyond, the date of expiration of an agreement between a cable operator
and a local commercial television station entered into prior to June 26,
1990.
(c) A cable operator may accept payments from stations pursuant to a
retransmission consent agreement, even if such station will be counted
towards the must-carry complement, as long as all other applicable rules
are adhered to.
[ 58 FR 17362 , Apr. 2, 1993, as amended at 59 FR 62345 , Dec. 5, 1994]
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