§  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 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) Limitations on satellite subscriber eligibility. A satellite
   carrier may retransmit a significantly viewed network station to a
   subscriber, provided the conditions in paragraphs (g)(1) and (g)(2) of
   this section are satisfied or one of the two exceptions to these
   conditions provided in paragraphs (g)(3) and (g)(4) of this section
   apply.

   (1) Local service requirement. A satellite carrier may retransmit to a
   subscriber the signal of a significantly viewed station if:

   (i) Such subscriber receives local-into-local service pursuant to
   §  76.66; and

   (ii) Such satellite carrier is in compliance with §  76.65 with respect
   to the stations located in the local market into which the
   significantly viewed station will be retransmitted.

   (2) HD format requirement. Subject to the conditions in paragraphs
   (g)(2)(i) through (iv) of this section, a satellite carrier may
   retransmit to a subscriber in high definition (HD) format the signal of
   a significantly viewed station only if such carrier also retransmits in
   HD format the signal of a station located in the local market of such
   subscriber and affiliated with the same network whenever such format is
   available from such station, including when the HD signal is broadcast
   on a multicast stream.

   (i) The requirement in paragraph (g)(2) of this section applies only
   where a satellite carrier retransmits to a subscriber the significantly
   viewed station in HD format, and does not restrict a satellite carrier
   from retransmitting to a subscriber a significantly viewed station in
   standard definition (SD) format.

   (ii) For purposes of paragraph (g)(2) of this section, the term “HD
   format” refers to a picture quality resolution of 720p, 1080i, or
   higher.

   (iii) For purposes of paragraph (g)(2) of this section, the local
   station's HD signal will be considered “available” to the satellite
   carrier when the station:

   (A) Elects mandatory carriage or grants retransmission consent;

   (B) Provides a good quality HD signal to the satellite carrier's local
   receive facility (LRF); and

   (C) Complies with the requirements of § §  76.65 and 76.66.

   (iv) Notwithstanding the provisions of paragraph (g)(2)(iii) of this
   section, if the local station is willing to grant retransmission
   consent and make its HD signal available to the satellite carrier, but
   the satellite carrier does not negotiate with the local station in good
   faith, as required by §  76.65, then the local station's HD signal will
   be deemed “available” for purposes of paragraph (g)(2) of this section.

   (3) Exception if no network affiliate in local market. The limitations
   in paragraphs (g)(1) and (g)(2) of this section will not prohibit a
   satellite carrier from retransmitting a significantly viewed network
   station to a subscriber located in a local market in which there are no
   network stations affiliated with the same television network as the
   significantly viewed station.

   (4) Exception if waiver granted by local station. The limitations in
   paragraphs (g)(1) and (g)(2) of this section will not apply if, and to
   the extent that, the local network station affiliated with the same
   television network as the significantly viewed station has granted a
   waiver in accordance with 47 U.S.C. 340(b)(4).

   (h) [Reserved]

   (i) For purposes of paragraph (g) 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;  75 FR 72986 , Nov. 29, 2010]

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