§  76.122   Satellite network non-duplication.

   (a) Upon receiving notification pursuant to paragraph (c) of this
   section, a satellite carrier shall not deliver, to subscribers within
   zip code areas located in whole or in part within the zone of
   protection of a commercial television station licensed by the
   Commission, a program carried on a nationally distributed superstation
   or on a station carried pursuant to §  76.54 of this chapter when the
   network non-duplication rights to such program are held by the
   commercial television station providing notice, except as provided in
   paragraphs (j), (k) or (l) of this section.

   (b) Television broadcast station licensees shall be entitled to
   exercise non-duplication rights pursuant to §  76.122 in accordance with
   the contractual provisions of the network-affiliate agreement, and as
   provided in §  76.124.

   (c) In order to exercise non-duplication rights pursuant to §  76.122,
   television stations shall notify each satellite carrier of the
   non-duplication sought in accordance with the requirements of this
   section. Non-duplication protection notices shall include the following
   information:

   (1) The name and address of the party requesting non-duplication
   protection and the television broadcast station holding the
   non-duplication right;

   (2) Where the agreement between network and affiliate so identifies,
   the name of the program or series (including specific episodes where
   necessary) for which protection is sought;

   (3) The dates on which protection is to begin and end;

   (4) The name of the network (or networks) which has (or have) extended
   non-duplication protection to the broadcaster;

   (5) The time periods by time of day (local time) and by network (if
   more than one) for each day of the week that the broadcaster will be
   broadcasting programs from that network (or networks) and for which
   non-duplication protection is requested;

   (6) The duration and extent (e.g., simultaneous, same-day, seven-day,
   etc.) of the non-duplication protection which has been agreed upon by
   the network (or networks) and the broadcaster; and

   (7) A list of the U.S. postal zip code(s) that encompass the zone of
   protection under these rules.

   (d) Broadcasters entering into contracts providing for network
   non-duplication protection shall notify affected satellite carriers
   within 60 calendar days of the signing of such a contract; provided,
   however, that for such contracts signed before November 29, 2000, the
   broadcaster may provide notice on or before January 31, 2001, or with
   respect to pre-November 29, 2000 contracts that require amendment in
   order to invoke the provisions of these rules, notification may be
   given within sixty calendar days of the signing of such amendment.

   (e) Except as otherwise provided in this section, a broadcaster shall
   be entitled to non-duplication protection beginning on the later of:

   (1) The date specified in its notice to the satellite carrier; or

   (2) The first day of the calendar week (Sunday through Saturday) that
   begins 60 days after the satellite carrier receives notice from the
   broadcaster; Provided, however, that with respect to notifications
   given pursuant to this section prior to June 1, 2001, a satellite
   carrier is not required to provide non-duplication protection until 120
   days after the satellite carrier receives such notification.

   (f) A broadcaster shall provide the following information to the
   satellite carrier under the following circumstances:

   (1) In the event the protection specified in the notices described in
   paragraph (c) of this section has been limited or ended prior to the
   time specified in the notice, or in the event a time period, as
   identified to the satellite carrier in a notice pursuant to paragraph
   (c) of this section, for which a broadcaster has obtained protection is
   shifted to another time of day or another day (but not expanded), the
   broadcaster shall, as soon as possible, inform each satellite carrier
   that has previously received the notice of all changes from the
   original notice. Notice to be furnished “as soon as possible” under
   this paragraph shall be furnished by telephone, telegraph, facsimile,
   e-mail, overnight mail or other similar expedient means.

   (2) In the event the protection specified in the notices described in
   paragraph (c) of this section has been expanded, the broadcaster shall,
   at least 60 calendar days prior to broadcast of a protected program
   entitled to such expanded protection, notify each satellite carrier
   that has previously received notice of all changes from the original
   notice.

   (g) In determining which programs must be deleted from a television
   signal, a satellite carrier may rely on information from newspapers or
   magazines of general circulation, the broadcaster requesting
   exclusivity protection, or the nationally distributed superstation.

   (h) If a satellite carrier asks a nationally distributed superstation
   for information about its program schedule, the nationally distributed
   superstation shall answer the request:

   (i) Within ten business days following its receipt of the request; or

   (ii) Sixty days before the program or programs mentioned in the request
   for information will be broadcast, whichever comes later.

   (i) A broadcaster exercising exclusivity pursuant to this section shall
   provide to the satellite carrier, upon request, an exact copy of those
   portions of the contracts, such portions to be signed by both the
   network and the broadcaster, setting forth in full the provisions
   pertinent to the duration, nature, and extent of the non-duplication
   terms concerning broadcast signal exhibition to which the parties have
   agreed.

   (j) A satellite carrier is not required to delete the duplicating
   programming of any nationally distributed superstation that is carried
   by the satellite carrier as a local station pursuant to §  76.66 of this
   chapter or as a significantly viewed station pursuant to §  76.54 of
   this chapter

   (1) Within the station's local market;

   (2) If the station is “significantly viewed,” pursuant to §  76.54 of
   this chapter, in zip code areas included within the zone of protection
   unless a waiver of the significantly viewed exception is granted
   pursuant to §  76.7 of this chapter; or

   (3) If the zone of protection falls, in whole or in part, within that
   signal's grade B contour or noise limited service contour.

   (k) A satellite carrier is not required to delete the duplicating
   programming of any nationally distributed superstation from an
   individual subscriber who is located outside the zone of protection,
   notwithstanding that the subscriber lives within a zip code provided by
   the broadcaster pursuant to paragraph (c) of this section.

   (l) A satellite carrier is not required to delete programming if it has
   fewer than 1,000 subscribers within the relevant protected zone who
   subscribe to the nationally distributed superstation carrying the
   programming for which deletion is requested pursuant to paragraph (c)
   of this section.

   [ 65 FR 68101 , Nov. 14, 2000, as amended at  67 FR 68951 , Nov. 14, 2002;
    70 FR 76530 , Dec. 27, 2005]

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