§  1.6005   Exclusive defenses.

   (a) The defenses listed in paragraphs (a)(1) through (a)(4) of this
   section, are the only defenses available to a satellite carrier against
   which a complaint under this section is filed.

   (1) The satellite carrier did not retransmit the television broadcast
   station's signal to any person in the “local market” of the television
   broadcast station, as that term is defined in 17 U.S.C. 122(j)
   (Designated Market Area as determined by Nielsen Media Research and
   county containing the station's community of license), during the time
   period specified in the complaint;

   (2) The television broadcast station had, in a writing signed by an
   officer of the television broadcast station, expressly authorized the
   retransmission of the station by the satellite carrier to each person
   in the “local market” of the television broadcast station, as that term
   is defined in 17 U.S.C. 122(j), to which the satellite carrier made
   such retransmissions for the entire time period during which it is
   alleged that a violation of 47 U.S.C. 325 (b)(1) has occurred;

   (3) The retransmission was made after January 1, 2002, and the
   television broadcast station had elected to assert the right to
   carriage under 47 U.S.C. 338 as against the satellite carrier for the
   relevant period; or

   (4) The television broadcast station whose signal is being
   retransmitted is a noncommercial television broadcast station.

   (b) [Reserved]