§ 76.122   Satellite network non-duplication.

   (a) Upon receiving notification pursuant to paragraph (c) of this section, a
   satellite carrier shall not deliver, to subscribers within zip code areas
   located in whole or in part within the zone of protection of a commercial
   television  station licensed by the Commission, a program carried on a
   nationally distributed superstation or on a station carried pursuant to
   § 76.54 of this chapter when the network non-duplication rights to such
   program are held by the commercial television station providing notice,
   except as provided in paragraphs (j), (k) or (l) of this section.

   (b) Television broadcast station licensees shall be entitled to exercise
   non-duplication  rights  pursuant  to  § 76.122  in accordance with the
   contractual provisions of the network-affiliate agreement, and as provided
   in § 76.124.

   (c)  In  order to exercise non-duplication rights pursuant to § 76.122,
   television  stations  shall  notify  each  satellite  carrier  of  the
   non-duplication sought in accordance with the requirements of this section.
   Non-duplication protection notices shall include the following information:

   (1) The name and address of the party requesting non-duplication protection
   and the television broadcast station holding the non-duplication right;

   (2) Where the agreement between network and affiliate so identifies, the
   name of the program or series (including specific episodes where necessary)
   for which protection is sought;

   (3) The dates on which protection is to begin and end;

   (4) The name of the network (or networks) which has (or have) extended
   non-duplication protection to the broadcaster;

   (5) The time periods by time of day (local time) and by network (if more
   than one) for each day of the week that the broadcaster will be broadcasting
   programs from that network (or networks) and for which non-duplication
   protection is requested;

   (6) The duration and extent (e.g., simultaneous, same-day, seven-day, etc.)
   of the non-duplication protection which has been agreed upon by the network
   (or networks) and the broadcaster; and

   (7)  A  list of the U.S. postal zip code(s) that encompass the zone of
   protection under these rules.

   (d)   Broadcasters  entering  into  contracts  providing  for  network
   non-duplication protection shall notify affected satellite carriers within
   60 calendar days of the signing of such a contract; provided, however, that
   for such contracts signed before November 29, 2000, the broadcaster may
   provide  notice  on  or  before  January  31, 2001, or with respect to
   pre-November 29, 2000 contracts that require amendment in order to invoke
   the  provisions of these rules, notification may be given within sixty
   calendar days of the signing of such amendment.

   (e) Except as otherwise provided in this section, a broadcaster shall be
   entitled to non-duplication protection beginning on the later of:

   (1) The date specified in its notice to the satellite carrier; or

   (2) The first day of the calendar week (Sunday through Saturday) that begins
   60 days after the satellite carrier receives notice from the broadcaster;
   Provided, however, that with respect to notifications given pursuant to this
   section  prior to June 1, 2001, a satellite carrier is not required to
   provide  non-duplication protection until 120 days after the satellite
   carrier receives such notification.

   (f) A broadcaster shall provide the following information to the satellite
   carrier under the following circumstances:

   (1)  In the event the protection specified in the notices described in
   paragraph (c) of this section has been limited or ended prior to the time
   specified in the notice, or in the event a time period, as identified to the
   satellite carrier in a notice pursuant to paragraph (c) of this section, for
   which a broadcaster has obtained protection is shifted to another time of
   day or another day (but not expanded), the broadcaster shall, as soon as
   possible, inform each satellite carrier that has previously received the
   notice of all changes from the original notice. Notice to be furnished “as
   soon as possible” under this paragraph shall be furnished by telephone,
   telegraph, facsimile, e-mail, overnight mail or other similar expedient
   means.

   (2)  In the event the protection specified in the notices described in
   paragraph (c) of this section has been expanded, the broadcaster shall, at
   least 60 calendar days prior to broadcast of a protected program entitled to
   such expanded protection, notify each satellite carrier that has previously
   received notice of all changes from the original notice.

   (g) In determining which programs must be deleted from a television signal,
   a satellite carrier may rely on information from newspapers or magazines of
   general circulation, the broadcaster requesting exclusivity protection, or
   the nationally distributed superstation.

   (h) If a satellite carrier asks a nationally distributed superstation for
   information  about  its  program  schedule, the nationally distributed
   superstation shall answer the request:

   (i) Within ten business days following its 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.

   (i) A broadcaster exercising exclusivity pursuant to this section shall
   provide to the satellite carrier, upon request, an exact copy of those
   portions of the contracts, such portions to be signed by both the network
   and the broadcaster, setting forth in full the provisions pertinent to the
   duration,  nature,  and extent of the non-duplication terms concerning
   broadcast signal exhibition to which the parties have agreed.

   (j)  A  satellite  carrier  is  not required to delete the duplicating
   programming of any nationally distributed superstation that is carried by
   the satellite carrier as a local station pursuant to § 76.66 of this chapter
   or as a significantly viewed station pursuant to § 76.54 of this chapter

   (1) Within the station's local market;

   (2) If the station is “significantly viewed,” pursuant to § 76.54 of this
   chapter, in zip code areas included within the zone of protection unless a
   waiver of the significantly viewed exception is granted pursuant to § 76.7 of
   this chapter; or

   (3)  If the zone of protection falls, in whole or in part, within that
   signal's grade B contour or noise limited service contour.

   (k)  A  satellite  carrier  is  not required to delete the duplicating
   programming of any nationally distributed superstation from an individual
   subscriber who is located outside the zone of protection, notwithstanding
   that the subscriber lives within a zip code provided by the broadcaster
   pursuant to paragraph (c) of this section.

   (l) A satellite carrier is not required to delete programming if it has
   fewer  than  1,000  subscribers within the relevant protected zone who
   subscribe  to  the  nationally  distributed  superstation carrying the
   programming for which deletion is requested pursuant to paragraph (c) of
   this section.

   [ 65 FR 68101 , Nov. 14, 2000, as amended at  67 FR 68951 , Nov. 14, 2002;  70 FR 76530 , Dec. 27, 2005]

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