Goto Section: 76.64 | 76.66 | Table of Contents
FCC 76.65
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 76.65 Good faith and exclusive retransmission consent complaints.
(a) Duty to negotiate in good faith. Television broadcast stations and
multichannel video programming distributors shall negotiate in good
faith the terms and conditions of retransmission consent agreements to
fulfill the duties established by section 325(b)(3)(C) of the Act;
provided, however, that it shall not be a failure to negotiate in good
faith if:
(1) The television broadcast station proposes or enters into
retransmission consent agreements containing different terms and
conditions, including price terms, with different multichannel video
programming distributors if such different terms and conditions are
based on competitive marketplace considerations; or
(2) The multichannel video programming distributor enters into
retransmission consent agreements containing different terms and
conditions, including price terms, with different broadcast stations if
such different terms and conditions are based on competitive
marketplace considerations. If a television broadcast station or
multichannel video programming distributor negotiates in accordance
with the rules and procedures set forth in this section, failure to
reach an agreement is not an indication of a failure to negotiate in
good faith.
(b) Good faith negotiation --(1) Standards. The following actions or
practices violate a broadcast television station's or multichannel
video programming distributor's (the "Negotiating Entity") duty to
negotiate retransmission consent agreements in good faith:
(i) Refusal by a Negotiating Entity to negotiate retransmission
consent;
(ii) Refusal by a Negotiating Entity to designate a representative with
authority to make binding representations on retransmission consent;
(iii) Refusal by a Negotiating Entity to meet and negotiate
retransmission consent at reasonable times and locations, or acting in
a manner that unreasonably delays retransmission consent negotiations;
(iv) Refusal by a Negotiating Entity to put forth more than a single,
unilateral proposal;
(v) Failure of a Negotiating Entity to respond to a retransmission
consent proposal of the other party, including the reasons for the
rejection of any such proposal;
(vi) Execution by a Negotiating Entity of an agreement with any party,
a term or condition of which, requires that such Negotiating Entity not
enter into a retransmission consent agreement with any other television
broadcast station or multichannel video programming distributor; and
(vii) Refusal by a Negotiating Entity to execute a written
retransmission consent agreement that sets forth the full understanding
of the television broadcast station and the multichannel video
programming distributor.
(2) Totality of the circumstances. In addition to the standards set
forth in § 76.65(b)(1), a Negotiating Entity may demonstrate, based on
the totality of the circumstances of a particular retransmission
consent negotiation, that a television broadcast station or
multichannel video programming distributor breached its duty to
negotiate in good faith as set forth in § 76.65(a).
(c) Good faith negotiation and exclusivity complaints. Any television
broadcast station or multichannel video programming distributor
aggrieved by conduct that it believes constitutes a violation of the
regulations set forth in this section or § 76.64(l) may commence an
adjudicatory proceeding at the Commission to obtain enforcement of the
rules through the filing of a complaint. The complaint shall be filed
and responded to in accordance with the procedures specified in § 76.7.
(d) Burden of proof. In any complaint proceeding brought under this
section, the burden of proof as to the existence of a violation shall
be on the complainant.
(e) Time limit on filing of complaints. Any complaint filed pursuant to
this subsection must be filed within one year of the date on which one
of the following events occurs:
(1) A complainant enters into a retransmission consent agreement with a
television broadcast station or multichannel video programming
distributor that the complainant alleges to violate one or more of the
rules contained in this subpart; or
(2) A television broadcast station or multichannel video programming
distributor engages in retransmission consent negotiations with a
complainant that the complainant alleges to violate one or more of the
rules contained in this subpart, and such negotiation is unrelated to
any existing contract between the complainant and the television
broadcast station or multichannel video programming distributor; or
(3) The complainant has notified the television broadcast station or
multichannel video programming distributor that it intends to file a
complaint with the Commission based on a request to negotiate
retransmission consent that has been denied, unreasonably delayed, or
unacknowledged in violation of one or more of the rules contained in
this subpart.
(f) Termination of rules. This section shall terminate at midnight on
February 28, 2010, provided that if Congress further extends this date,
the rules remain in effect until the statutory authorization expires.
[ 70 FR 40224 , July 13, 2005, as amended at 74 FR 69286 , Dec. 31, 2009]
Goto Section: 76.64 | 76.66
Goto Year: 2010 |
2012
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