§  76.1506   Carriage of television broadcast signals.

   (a) The provisions of Subpart D shall apply to open video systems in
   accordance with the provisions contained in this subpart.

   (b) For the purposes of this Subpart S, television stations are
   significantly viewed when they are viewed in households that do not
   receive television signals from multichannel video programming
   distributors as follows:

   (1) For a full or partial network station—a share of viewing hours of
   at least 3 percent (total week hours), and a net weekly circulation of
   at least 25 percent; and

   (2) For an independent station—a share of viewing hours of at least 2
   percent (total week hours), and a net weekly circulation of at least 5
   percent. See §  76.1506(c).

   Note to paragraph ( b ): As used in this paragraph, “share of viewing
   hours” means the total hours that households that do not receive
   television signals from multichannel video programming distributors
   viewed the subject station during the week, expressed as a percentage
   of the total hours these households viewed all stations during the
   period, and “net weekly circulation” means the number of households
   that do not receive television signals from multichannel video
   programming distributors that viewed the station for 5 minutes or more
   during the entire week, expressed as a percentage of the total
   households that do not receive television signals from multichannel
   video programming distributors in the survey area.

   (c) Significantly viewed signals; method to be followed for special
   showings. Any provision of §  76.54 that refers to a “cable television
   community” or “cable community or communities” shall apply to an open
   video system community or communities. Any provision of §  76.54 that
   refers to “non-cable television homes” shall apply to households that
   do not receive television signals from multichannel video programming
   distributors. Any provision of §  76.54 that refers to a “cable
   television system” shall apply to an open video system.

   (d) Definitions applicable to the must-carry rules. Section 76.55 shall
   apply to all open video systems in accordance with the provisions
   contained in this section. Any provision of §  76.55 that refers to a
   “cable system” shall apply to an open video system. Any provision of
   §  76.55 that refers to a “cable operator” shall apply to an open video
   system operator. Any provision of §  76.55 that refers to the “principal
   headend” of a cable system as defined in §  76.5(pp) shall apply to the
   equivalent of the principal headend of an open video system. Any
   provision of §  76.55 that refers to a “franchise area” shall apply to
   the service area of an open video system. The provisions of §  76.55
   that permit cable operators to refuse carriage of signals considered
   distant signals for copyright purposes shall not apply to open video
   system operators. If an open video system operator cannot limit its
   distribution of must-carry signals to the local service area of
   broadcast stations as used in 17 U.S.C. 111(d), it will be liable for
   any increase in copyright fees assessed for distant signal carriage
   under 17 U.S.C. 111.

   (e) Signal carriage obligations. Any provision of §  76.56 that refers
   to a “cable television system” or “cable system” shall apply to an open
   video system. Any provision of §  76.56 that refers to a “cable
   operator” shall apply to an open video system operator. Section
   76.56(d)(2) shall apply to open video systems as follows: An open video
   system operator shall make available to every subscriber of the open
   video system all qualified local commercial television stations and all
   qualified non-commercial educational television stations carried in
   fulfillment of its carriage obligations under this section.

   (f) Channel positioning. Open video system operators shall comply with
   the provisions of §  76.57 to the closest extent possible. Any provision
   of §  76.57 that refers to a “cable operator” shall apply to an open
   video system operator. Any provision of §  76.57 that refers to a “cable
   system” shall apply to an open video system, except the references to
   “cable system” in §  76.57(d) which shall apply to an open video system
   operator.

   (g) Notification. Any provision of §  76.58 that refers to a “cable
   operator” shall apply to an open video system operator. Any provision
   of §  76.58 that refers to a “cable system” shall apply to an open video
   system. Any provision of §  76.58 that refers to a “principal headend”
   shall apply to the equivalent of the principal headend for an open
   video system.

   (h) Modification of television markets. Any provision of §  76.59 that
   refers to a “cable system” shall apply to an open video system. Any
   provision of §  76.59 that refers to a “cable operator” shall apply to
   an open video system operator.

   (i) Compensation for carriage. Any provision of §  76.60 that refers to
   a “cable operator” shall apply to an open video system operator. Any
   provision of §  76.60 that refers to a “cable system” shall apply to an
   open video system. Any provision of §  76.60 that refers to a “principal
   headend” shall apply to the equivalent of the principal headend for an
   open video system.

   (j) Disputes concerning carriage. Any provision of §  76.61 that refers
   to a “cable operator” shall apply to an open video system operator. Any
   provision of §  76.61 that refers to a “cable system” shall apply to an
   open video system. Any provision of §  76.61 that refers to a “principal
   headend” shall apply to the equivalent of the principal headend for an
   open video system.

   (k) Manner of carriage. Any provision of §  76.62 that refers to a
   “cable operator” shall apply to an open video system operator.

   (l) Retransmission consent. Section 76.64 shall apply to open video
   systems in accordance with the provisions contained in this paragraph.

   (1) Any provision of §  76.64 that refers to a “cable system” shall
   apply to an open video system. Any provision of §  76.64 that refers to
   a “cable operator” shall apply to an open video system operator.

   (2) Must-carry/retransmission consent election notifications shall be
   sent to the open video system operator. An open video system operator
   shall make all must-carry/retransmission consent election notifications
   received available to the appropriate programming providers on its
   system.

   (3) Television broadcast stations are required to make the same
   election for open video systems and cable systems serving the same
   geographic area, unless the overlapping open video system is unable to
   deliver appropriate signals in conformance with the broadcast station's
   elections for all cable systems serving the same geographic area.

   (4) An open video system commencing new operations shall notify all
   local commercial and noncommercial broadcast stations as required under
   paragraph (l) of this section on or before the date on which it files
   with the Commission its Notice of Intent to establish an open video
   system.

   (m) Sports broadcast. Section 76.67 shall apply to open video systems
   in accordance with the provisions contained in this paragraph.

   (1) Any provisions of §  76.67 that refers to a “community unit” shall
   apply to an open video system or that portion of an open video system
   that operates or will operate within a separate and distinct community
   or municipal entity (including unincorporated communities within
   unincorporated areas and including single, discrete unincorporated
   areas).

   (2) Notification of programming to be deleted pursuant to this section
   shall be served on the open video system operator. The open video
   system operator shall make all notifications immediately available to
   the appropriate video programming providers on its open video system.
   Operators may effect the deletion of signals for which they have
   received deletion notices unless they receive notice within a
   reasonable time from the appropriate programming provider that the
   rights claimed are invalid. The open video system operator shall not
   delete signals for which it has received notice from the programming
   provider that the rights claimed are invalid. An open video system
   operator shall be subject to sanctions for any violation of this
   subpart. An open video system operator may require indemnification as a
   condition of carriage for any sanctions it may incur in reliance on a
   programmer's claim that certain exclusive or non-duplication rights are
   invalid.

   (n) Exemption from input selector switch rules. Any provision of
   §  76.70 that refers to a “cable system” or “cable systems” shall apply
   to an open video system or open video systems.

   (o) Special relief and must-carry complaint procedures. The procedures
   set forth in §  76.7 shall apply to special relief and must-carry
   complaints relating to open video systems, and not the procedures set
   forth in §  76.1514 (Dispute resolution). Any provision of §  76.7 that
   refers to a “cable television system operator” or “cable operator”
   shall apply to an open video system operator. Any provision of §  76.7
   that refers to a “cable television system” shall apply to an open video
   system. Any provision of §  76.7 that refers to a “system community
   unit” shall apply to an open video system or that portion of an open
   video system that operates or will operate within a separate and
   distinct community or municipal entity (including unincorporated
   communities within unincorporated areas and including single, discrete
   unincorporated areas).

   [ 61 FR 28708 , June 5, 1996, as amended at  61 FR 43177 , Aug. 21, 1996]

   Effective Date Note: At  61 FR 43177 , Aug. 21, 1996, in §  76.1506,
   paragraphs (d), (l)(3), and (m)(2) were revised. These paragraphs
   contain information collection and recordkeeping requirements and will
   not become effective until approval has been given by the Office of
   Management and Budget.

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