Goto Section: 1.6004 | 1.6006 | Table of Contents
FCC 1.6005
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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]
Goto Section: 1.6004 | 1.6006
Goto Year: 2010 |
2012
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