§ 73.232   Territorial exclusivity.

   No licensee of an FM broadcast station shall have any arrangement with a
   network organization which prevents or hinders another station serving
   substantially the same area from broadcasting the network's programs not
   taken by the former station, or which prevents or hinders another station
   serving a substantially different area from broadcasting any program of the
   network organization: Provided, however, That this section does not prohibit
   arrangements  under which the station is granted first call within its
   primary  service  area  upon the network's programs. The term “network
   organization” means any organization originating program material, with or
   without  commercial  messages,  and  furnishing  the  same to stations
   interconnected so as to permit simultaneous broadcast by all or some of
   them. However, arrangements involving only stations under common ownership,
   or only the rebroadcast by one station of programming from another with no
   compensation other than a lump-sum payment by the station rebroadcasting,
   are  not considered arrangements with a network organization. The term
   “arrangement“ means any contract, arrangement or understanding, express or
   implied.

   [ 42 FR 16422 , Mar. 28, 1977, as amended at  57 FR 48333 , Oct. 23, 1992]

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