§ 76.120   Network non-duplication protection and syndicated exclusivity rules
for satellite carriers: Definitions.

   For purposes of § § 76.122-76.130, the following definitions apply:

   (a) Satellite carrier. The term “satellite carrier” means an entity that
   uses the facilities of a satellite or satellite service licensed by the
   Federal  Communications Commission and operates in the Fixed-Satellite
   Service under part 25 of title 47 of the Code of Federal Regulations or the
   Direct Broadcast Satellite Service under part 100 of title 47 of the Code of
   Federal Regulations, to establish and operate a channel of communications
   for point-to-multipoint distribution of television station signals, and that
   owns or leases a capacity or service on a satellite in order to provide such
   point-to-multipoint distribution, except to the extent that such entity
   provides such distribution pursuant to tariff under the Communications Act
   of 1934, other than for private home viewing.

   (b) Nationally distributed superstation. The term “nationally distributed
   superstation”  means  a  television broadcast station, licensed by the
   Commission, that—

   (1) Is not owned or operated by or affiliated with a television network
   that, as of January 1, 1995, offered interconnected program service on a
   regular  basis for 15 or more hours per week to at least 25 affiliated
   television licensees in 10 or more States;

   (2) On May 1, 1991, was retransmitted by a satellite carrier and was not a
   network station at that time; and

   (3) Was, as of July 1, 1998, retransmitted by a satellite carrier under the
   statutory license of Section 119 of title 17, United States Code.

   (c) Television network. The term “television network” means a television
   network in the United States which offers an interconnected program service
   on a regular basis for 15 or more hours per week to at least 25 affiliated
   broadcast stations in 10 or more States.

   (d) Network station. The term “network station” means—

   (1) A television broadcast station, including any translator station or
   terrestrial satellite station that rebroadcasts all or substantially all of
   the programming broadcast by a network station, that is owned or operated
   by, or affiliated with, one or more of the television networks in the United
   States which offer an interconnected program service on a regular basis for
   15  or more hours per week to at least 25 of its affiliated television
   licensees in 10 or more States; or

   (2) A noncommercial educational broadcast station (as defined in Section 397
   of the Communications Act of 1934); except that the term does not include
   the signal of the Alaska Rural Communications Service, or any successor
   entity to that service.

   (e) Zone of protection. The term “zone of protection” means—

   (1) With respect to network non-duplication, the zone of protection within
   which the television station is entitled to enforce network non-duplication
   protection 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.

   (2) With respect to each syndicated program, the zone of protection within
   which the television station is entitled to enforce syndicated exclusivity
   rights shall be that geographic area agreed upon between the non-network
   program supplier, producer or distributor and the television station. In no
   event shall such zone exceed the area within which the television station
   has  acquired  broadcast  territorial exclusivity rights as defined in
   § 73.658(m)  of this Chapter. 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.

   [ 65 FR 68101 , Nov. 14, 2000, as amended at  79 FR 63562 , Oct. 24, 2014]

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