Goto Section: 76.1505 | 76.1507 | Table of Contents
FCC 76.1506
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 76.1506 Carriage of television broadcast signals.
(a) The provisions of Subpart D shall apply to open video systems in
accordance with the provisions contained in this subpart.
(b) For the purposes of this Subpart S, television stations are
significantly viewed when they are viewed in households that do not
receive television signals from multichannel video programming
distributors as follows:
(1) For a full or partial network station--a share of viewing hours of
at least 3 percent (total week hours), and a net weekly circulation of
at least 25 percent; and
(2) For an independent station--a share of viewing hours of at least 2
percent (total week hours), and a net weekly circulation of at least 5
percent. See § 76.1506(c).
Note to paragraph (b): As used in this paragraph, "share of viewing
hours" means the total hours that households that do not receive
television signals from multichannel video programming distributors
viewed the subject station during the week, expressed as a percentage
of the total hours these households viewed all stations during the
period, and "net weekly circulation" means the number of households
that do not receive television signals from multichannel video
programming distributors that viewed the station for 5 minutes or more
during the entire week, expressed as a percentage of the total
households that do not receive television signals from multichannel
video programming distributors in the survey area.
(c) Significantly viewed signals; method to be followed for special
showings. Any provision of § 76.54 that refers to a "cable television
community" or "cable community or communities" shall apply to an open
video system community or communities. Any provision of § 76.54 that
refers to "non-cable television homes" shall apply to households that
do not receive television signals from multichannel video programming
distributors. Any provision of § 76.54 that refers to a "cable
television system" shall apply to an open video system.
(d) Definitions applicable to the must-carry rules. Section 76.55 shall
apply to all open video systems in accordance with the provisions
contained in this section. Any provision of § 76.55 that refers to a
"cable system" shall apply to an open video system. Any provision of
§ 76.55 that refers to a "cable operator" shall apply to an open video
system operator. Any provision of § 76.55 that refers to the "principal
headend" of a cable system as defined in § 76.5(pp) shall apply to the
equivalent of the principal headend of an open video system. Any
provision of § 76.55 that refers to a "franchise area" shall apply to
the service area of an open video system. The provisions of § 76.55
that permit cable operators to refuse carriage of signals considered
distant signals for copyright purposes shall not apply to open video
system operators. If an open video system operator cannot limit its
distribution of must-carry signals to the local service area of
broadcast stations as used in 17 U.S.C. 111(d), it will be liable for
any increase in copyright fees assessed for distant signal carriage
under 17 U.S.C. 111.
(e) Signal carriage obligations. Any provision of § 76.56 that refers
to a "cable television system" or "cable system" shall apply to an open
video system. Any provision of § 76.56 that refers to a "cable
operator" shall apply to an open video system operator. Section
76.56(d)(2) shall apply to open video systems as follows: An open video
system operator shall make available to every subscriber of the open
video system all qualified local commercial television stations and all
qualified non-commercial educational television stations carried in
fulfillment of its carriage obligations under this section.
(f) Channel positioning. Open video system operators shall comply with
the provisions of § 76.57 to the closest extent possible. Any provision
of § 76.57 that refers to a "cable operator" shall apply to an open
video system operator. Any provision of § 76.57 that refers to a "cable
system" shall apply to an open video system, except the references to
"cable system" in § 76.57(d) which shall apply to an open video system
operator.
(g) Notification. Any provision of § 76.58 that refers to a "cable
operator" shall apply to an open video system operator. Any provision
of § 76.58 that refers to a "cable system" shall apply to an open video
system. Any provision of § 76.58 that refers to a "principal headend"
shall apply to the equivalent of the principal headend for an open
video system.
(h) Modification of television markets. Any provision of § 76.59 that
refers to a "cable system" shall apply to an open video system. Any
provision of § 76.59 that refers to a "cable operator" shall apply to
an open video system operator.
(i) Compensation for carriage. Any provision of § 76.60 that refers to
a "cable operator" shall apply to an open video system operator. Any
provision of § 76.60 that refers to a "cable system" shall apply to an
open video system. Any provision of § 76.60 that refers to a "principal
headend" shall apply to the equivalent of the principal headend for an
open video system.
(j) Disputes concerning carriage. Any provision of § 76.61 that refers
to a "cable operator" shall apply to an open video system operator. Any
provision of § 76.61 that refers to a "cable system" shall apply to an
open video system. Any provision of § 76.61 that refers to a "principal
headend" shall apply to the equivalent of the principal headend for an
open video system.
(k) Manner of carriage. Any provision of § 76.62 that refers to a
"cable operator" shall apply to an open video system operator.
(l) Retransmission consent. Section 76.64 shall apply to open video
systems in accordance with the provisions contained in this paragraph.
(1) Any provision of § 76.64 that refers to a "cable system" shall
apply to an open video system. Any provision of § 76.64 that refers to
a "cable operator" shall apply to an open video system operator.
(2) Must-carry/retransmission consent election notifications shall be
sent to the open video system operator. An open video system operator
shall make all must-carry/retransmission consent election notifications
received available to the appropriate programming providers on its
system.
(3) Television broadcast stations are required to make the same
election for open video systems and cable systems serving the same
geographic area, unless the overlapping open video system is unable to
deliver appropriate signals in conformance with the broadcast station's
elections for all cable systems serving the same geographic area.
(4) An open video system commencing new operations shall notify all
local commercial and noncommercial broadcast stations as required under
paragraph (l) of this section on or before the date on which it files
with the Commission its Notice of Intent to establish an open video
system.
(m) Sports broadcast. Section 76.67 shall apply to open video systems
in accordance with the provisions contained in this paragraph.
(1) Any provisions of § 76.67 that refers to a "community unit" shall
apply to an open video system or that portion of an open video system
that operates or will operate within a separate and distinct community
or municipal entity (including unincorporated communities within
unincorporated areas and including single, discrete unincorporated
areas).
(2) Notification of programming to be deleted pursuant to this section
shall be served on the open video system operator. The open video
system operator shall make all notifications immediately available to
the appropriate video programming providers on its open video system.
Operators may effect the deletion of signals for which they have
received deletion notices unless they receive notice within a
reasonable time from the appropriate programming provider that the
rights claimed are invalid. The open video system operator shall not
delete signals for which it has received notice from the programming
provider that the rights claimed are invalid. An open video system
operator shall be subject to sanctions for any violation of this
subpart. An open video system operator may require indemnification as a
condition of carriage for any sanctions it may incur in reliance on a
programmer's claim that certain exclusive or non-duplication rights are
invalid.
(n) Exemption from input selector switch rules. Any provision of
§ 76.70 that refers to a "cable system" or "cable systems" shall apply
to an open video system or open video systems.
(o) Special relief and must-carry complaint procedures. The procedures
set forth in § 76.7 shall apply to special relief and must-carry
complaints relating to open video systems, and not the procedures set
forth in § 76.1514 (Dispute resolution). Any provision of § 76.7 that
refers to a "cable television system operator" or "cable operator"
shall apply to an open video system operator. Any provision of § 76.7
that refers to a "cable television system" shall apply to an open video
system. Any provision of § 76.7 that refers to a "system community
unit" shall apply to an open video system or that portion of an open
video system that operates or will operate within a separate and
distinct community or municipal entity (including unincorporated
communities within unincorporated areas and including single, discrete
unincorporated areas).
[ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43177 , Aug. 21, 1996]
Effective Date Note: At 61 FR 43177 , Aug. 21, 1996, in § 76.1506,
paragraphs (d), (l)(3), and (m)(2) were revised. These paragraphs
contain information collection and recordkeeping requirements and will
not become effective until approval has been given by the Office of
Management and Budget.
Goto Section: 76.1505 | 76.1507
Goto Year: 2010 |
2012
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