§ 76.105   Notification.

   (a)  In  order  to  exercise  exclusivity  rights pursuant to § 76.101,
   distributors or television stations shall notify each cable television
   system  operator  of  the  exclusivity  sought  in accordance with the
   requirements of this section. Syndicated program exclusivity notices shall
   include the following information:

   (1)  The  name and address of the party requesting exclusivity and the
   television broadcast station or other party holding the exclusive right;

   (2) The name of the program or series (including specific episodes where
   necessary) for which exclusivity is sought;

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

   (b) Broadcasters entering into contracts on or after August 18, 1988, which
   contain  syndicated exclusivity protection shall notify affected cable
   systems  within sixty calendar days of the signing of such a contract.
   Broadcasters who have entered into contracts prior to August 18, 1988, and
   who comply with the requirements specified in § 76.109 shall notify affected
   cable systems on or before June 19, 1989. A broadcaster shall be entitled to
   exclusivity protection beginning on the later of:

   (1) The date specified in its notice 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;

   (c)  In  determining  which programs must be deleted from a television
   broadcast 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 distributor or television station requesting exclusivity.

   (d) In the event the exclusivity specified in paragraph (a) of this section
   has been limited or has ended prior to the time specified in the notice, the
   distributor or broadcaster who has supplied the original notice shall, as
   soon as possible, inform each cable television system operator that has
   previously received the notice of all changes from the original notice. In
   the  event  the  original  notice  specified contingent dates on which
   exclusivity is to begin and/or end, the distributor or broadcaster shall, as
   soon  as  possible, notify the cable television system operator of the
   occurrence of the relevant contingency. 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.

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