§  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 § 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 § 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 § 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 § 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]