Sec.  76.54   Significantly viewed signals; method to be followed for special
showings.

   (a) Signals that are significantly viewed in a county (and thus are deemed
   to be significantly viewed within all communities within the county) are
   those that are listed in Appendix B of the memorandum opinion and order on
   reconsideration of the Cable Television Report and Order (Docket 18397 et
   al.), FCC 72–530, and those communities listed in the Significantly Viewed
   List as it appears on the official website of the Federal Communications
   Commission.

   (b) Significant viewing in a cable television or satellite community for
   signals not shown as significantly viewed under paragraphs (a) or (d) of
   this section may be demonstrated by an independent professional audience
   survey of over-the-air television homes that covers at least two weekly
   periods separated by at least thirty (30) days but no more than one of which
   shall be a week between the months of April and September. If two surveys
   are taken, they shall include samples sufficient to assure that the combined
   surveys result in an average figure at least one standard error above the
   required viewing level. If surveys are taken for more than 2-weekly periods
   in any 12 months, all such surveys must result in an average figure at least
   one standard error above the required viewing level. If a cable television
   system serves more than one community, a single survey may be taken,
   provided that the sample includes over-the-air television homes from each
   community that are proportional to the population. A satellite carrier may
   demonstrate significant viewing in more than one community or satellite
   community through a single survey, provided that the sample includes
   over-the-air television homes from each community that are proportional to
   the population.

   (c) Notice of a survey to be made pursuant to paragraph (b) of this section
   shall be served on all licensees or permittees of television broadcast
   stations within whose predicted Grade B contour (and, with respect to a
   survey pertaining to a station broadcasting only a digital signal, the noise
   limited service contour, as defined in  Sec. 73.622(e)) of this chapter the cable
   or satellite community or communities are located, in whole or in part, and
   on all other system community units, franchisees, and franchise applicants
   in the cable community or communities at least (30) days prior to the
   initial survey period. Such notice shall include the name of the survey
   organization and a description of the procedures to be used. Objections to
   survey organizations or procedures shall be served on the party sponsoring
   the survey within twenty (20) days after receipt of such notice.

   (d) Signals of television broadcast stations not encompassed by the surveys
   (for the periods May 1970, November 1970 and February/March 1971) used in
   establishing appendix B of the Memorandum Opinion and Order on
   Reconsideration of Cable Television Report and Order, FCC 72–530, 36 FCC 2d
   326 (1972), may be demonstrated as significantly viewed on a county-wide
   basis by independent professional audience surveys which cover three
   separate, consecutive four-week periods and are otherwise comparable to the
   surveys used in compiling the above-referenced appendix B: Provided,
   however, That such demonstration shall be based upon audience survey data
   for the first three years of the subject station's broadcast operations.

   (e) Satellite carriers that intend to retransmit the signal of a
   significantly viewed television broadcast station to a subscriber located
   outside such station's local market, as defined by  Sec. 76.55(e) of this
   chapter, must provide written notice to all television broadcast stations
   that are assigned to the same local market as the intended subscriber at
   least 60 days before commencing retransmission of the significantly viewed
   station. Such satellite carriers must also provide the notifications
   described in  Sec. 76.66(d)(5)(i) of this chapter. Such written notice must be
   sent via certified mail, return receipt requested, to the address for such
   station(s) as listed in the consolidated database maintained by the Federal
   Communications Commission.

   (f) Satellite carriers that retransmit the signal of a significantly viewed
   television broadcast station to a subscriber located outside such station's
   local market must list all such stations and the communities to which they
   are retransmitted on their website.

   (g) Signals of analog or digital significantly viewed television broadcast
   stations may not be retransmitted by satellite carriers to subscribers who
   do not receive local-into-local service, including a station affiliated with
   the same network as the significantly viewed station, pursuant to  Sec. 76.66 of
   this chapter; except that a satellite carrier may retransmit a significantly
   viewed signal of a television broadcast station to a subscriber who receives
   local-into-local service but does not receive a local station affiliated
   with the same network as the significantly viewed station, if

   (1) There is no station affiliated with the same television network as the
   station whose signal is significantly viewed; or

   (2) The station affiliated with the same television network as the station
   whose signal is significantly viewed has granted a waiver in accordance with
   47 U.S.C. 340(b)(4).

   (h) Signals of significantly viewed network stations that originate as
   digital signals may not be retransmitted to subscribers unless the satellite
   carrier retransmits the digital signal of the local network station, which
   is affiliated with the same television network as the network station whose
   signal is significantly viewed, in either

   (1) At least the equivalent bandwidth of the significantly viewed station or

   (2) The entire bandwidth of the digital signal broadcast by such local
   station.

   (i) For purposes of paragraph's (g) and (h) of this section, television
   network and network station are as defined in 47 U.S.C. 339(d).

   (j) Notwithstanding the requirements of this section, the signal of a
   television broadcast station will be deemed to be significantly viewed if
   such station is shown to qualify for such status pursuant to 47 U.S.C.
   341(a).

   (k) Notwithstanding the other provisions of this section, a satellite
   carrier may not retransmit as significantly viewed the signal of a
   television broadcast station into the Designated Market Areas identified in
   47 U.S.C. 341(b).

   [ 37 FR 3278 , Feb. 12, 1972, as amended at  37 FR 13866 , July 14, 1972;  40 FR 48930 , Oct. 20, 1975;  41 FR 32429 , Aug. 3, 1976;  42 FR 19346 , Apr. 13, 1977;
    53 FR 17051 , May 13, 1988;  56 FR 33392 , July 22, 1991;  70 FR 76529 , Dec. 27,
   2005]