§ 76.92   Cable network non-duplication; extent of protection.

   (a) Upon receiving notification pursuant to § 76.94, a cable community unit
   located  in  whole or in part within the geographic zone for a network
   program,  the  network  non-duplication  rights to which are held by a
   commercial television station licensed by the Commission, shall not carry
   that  program  as  broadcast by any other television signal, except as
   otherwise provided below.

   (b) For purposes of this section, the order of nonduplication priority of
   television signals carried by a community unit is as follows:

   (1) First, all television broadcast stations within whose specified zone the
   community of the community unit is located, in whole or in part;

   (2) Second, all smaller market television broadcast stations within whose
   secondary zone the community of the community unit is located, in whole or
   in part.

   (c) For purposes of this section, all noncommercial educational television
   broadcast stations licensed to a community located in whole or in part
   within a major television market as specified in § 76.51 shall be treated in
   the same manner as a major market commercial television broadcast station,
   and all noncommercial educational television broadcast stations not licensed
   to a community located in whole or in part within a major television market
   shall be treated in the same manner as a smaller market television broadcast
   station.

   (d) Any community unit operating in a community to which a 100-watt or
   higher power translator is located within the predicted Grade B signal
   contour of the television broadcast station that the translator station
   retransmits, and which translator is carried by the community unit shall,
   upon request of such translator station licensee or permittee, delete the
   duplicating network programming of any television broadcast station whose
   reference  point (See § 76.53) is more than 88.5 km (55 miles) from the
   community of the community unit.

   (e) Any community unit which operates in a community located in whole or in
   part within the secondary zone of a smaller market television broadcast
   station is not required to delete the duplicating network programming of any
   major market television broadcast station whose reference point (See § 76.53)
   is also within 88.5 km (55 miles) of the community of the community unit.

   (f) A community unit is not required to delete the duplicating network
   programming of any television broadcast station which is significantly
   viewed in the cable television community pursuant to § 76.54.

   (g) A community unit is not required to delete the duplicating network
   programming  of any qualified NCE television broadcast station that is
   carried in fulfillment of the cable television system's mandatory signal
   carriage obligations, pursuant to § 76.56.

   Note: With respect to network programming, the geographic zone within which
   the  television station is entitled to enforce network non-duplication
   protection and priority of shall be that geographic area agreed upon between
   the network and the television station. In no event shall such rights exceed
   the  area  within  which  the television station may acquire broadcast
   territorial exclusivity rights as defined in § 73.658(m) of this Chapter,
   except  that  small  market television stations shall be entitled to a
   secondary protection zone of 32.2 additional kilometers (20 additional
   miles). To the extent rights are obtained for any hyphenated market named in
   § 76.51, such rights shall not exceed those permitted under § 73.658(m) of
   this Chapter for each named community in that market.

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