§  76.94   Notification.

   (a) In order to exercise non-duplication rights pursuant to §  76.92,
   television stations shall notify each cable television system operator
   of the non-duplication sought in accordance with the requirements of
   this section. Except as otherwise provided in paragraph (b) 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) The name of the program or series (including specific episodes
   where necessary) for which protection is sought; and

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

   (b) Broadcasters entering into contracts providing for network
   non-duplication protection shall notify affected cable systems within
   60 calendar days of the signing of such a contract. In the event the
   broadcaster is unable based on the information contained in the
   contract, to furnish all the information required by paragraph (a) of
   this section at that time, the broadcaster must provide modified
   notices that contain the following information:

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

   (2) 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; and

   (3) 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.

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

   (1) The date specified in its notice (as described in paragraphs (a) or
   (b) of this section, whichever is applicable) to the cable television
   system; or

   (2) The first day of the calendar week (Sunday through Saturday) that
   begins 60 days after the cable television system receives notice from
   the broadcaster.

   (d) A broadcaster shall provide the following information to the cable
   television system under the following circumstances:

   (1) In the event the protection specified in the notices described in
   paragraphs (a) or (b) 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 cable system in a notice pursuant to paragraph (b) 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 cable television
   system operator 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, overnight mail or other similar expedient means.

   (2) In the event the protection specified in the modified notices
   described in paragraph (b) 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
   cable system operator that has previously received notice of all
   changes from the original notice.

   (e) In determining which programs must be deleted from a television
   signal, a cable television system operator may rely on information from
   any of the following sources published or otherwise made available:

   (1) Newspapers or magazines of general circulation.

   (2) A television station whose programs may be subject to deletion. If
   a cable television system asks a television station for information
   about its program schedule, the television station shall answer the
   request:

   (i) Within ten business days following the television station's 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.

   (3) The broadcaster requesting exclusivity.

   (f) A broadcaster exercising exclusivity pursuant to §  76.92 shall
   provide to the cable system, 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.

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