Sec. 76.92  Network non-duplication; extent of protection.

    (a) Upon receiving notification pursuant to Sec. 76.94, a cable 
community unit located in whole or in part within the geographic zone 
for a network program, the network non-duplication rights to which are 
held by a commercial television station licensed by the Commission, 
shall not carry that program as broadcast by any other television 
signal, except as otherwise provided below.
    (b) For purposes of this section, the order of nonduplication 
priority of television signals carried by a community unit is as 
follows:
    (1) First, all television broadcast stations within whose specified 
zone the community of the community unit is located, in whole or in 
part;
    (2) Second, all smaller market television broadcast stations within 
whose secondary zone the community of the community unit is located, in 
whole or in part.
    (c) For purposes of this section, all noncommercial educational 
television broadcast stations licensed to a community located in whole 
or in part within a major television market as specified in Sec. 76.51 
shall be treated in the same manner as a major market commercial 
television broadcast station, and all noncommercial educational 
television broadcast stations not licensed to a community located in 
whole or in part within a major television market shall be treated in 
the same manner as a smaller market television broadcast station.
    (d) Any community unit operating in a community to which a 100-watt 
or higher power translator is located within the predicted Grade B 
signal

[[Page 528]]

contour of the television broadcast station that the translator station 
retransmits, and which translator is carried by the community unit 
shall, upon request of such translator station licensee or permittee, 
delete the duplicating network programming of any television broadcast 
station whose reference point (See Sec. 76.53) is more than 88.5 km (55 
miles) from the community of the community unit.
    (e) Any community unit which operates in a community located in 
whole or in part within the secondary zone of a smaller market 
television broadcast station is not required to delete the duplicating 
network programming of any major market television broadcast station 
whose reference point (See Section 76.53) is also within 88.5 km (55 
miles) of the community of the community unit.
    (f) A community unit is not required to delete the duplicating 
network programming of any television broadcast station which is 
significantly viewed in the cable television community pursuant to 
Sec. 76.54.
    (g) A community unit is not required to delete the duplicating 
network programming of any qualified NCE television broadcast station 
that is carried in fulfillment of the cable television system's 
mandatory signal carriage obligations, pursuant to Sec. 76.56.

    Note: With respect to network programming, the geographic zone 
within which the television station is entitled to enforce network non-
duplication protection and priority of shall be that geographic area 
agreed upon between the network and the television station. In no event 
shall such rights exceed the area within which the television station 
may acquire broadcast territorial exclusivity rights as defined in 
Sec. 73.658(m), except that small market television stations shall be 
entitled to a secondary protection zone of 32.2 additional kilometers 
(20 additional miles). To the extent rights are obtained for any 
hyphenated market named in Sec. 76.51, such rights shall not exceed 
those permitted under Sec. 76.658(m) for each named community in that 
market.


[ 53 FR 27171 , July 19, 1988, as amended at  54 FR 12918 , Mar. 29, 1989; 
 58 FR 17364 , Apr. 2, 1993;  58 FR 44951 , Aug. 25, 1993]