§ 76.123   Satellite syndicated program exclusivity.

   (a) Upon receiving notification pursuant to paragraph (d) of this section, a
   satellite carrier shall not deliver, to subscribers located within zip code
   areas 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 syndicated program exclusivity rights to
   such program are held by the commercial television station providing notice,
   except as provided in paragraphs (k), (l) and (m) of this section.

   (b) Television broadcast station licensees shall be entitled to exercise
   exclusivity  rights  pursuant  to  this Section in accordance with the
   contractual provisions of their syndicated program license agreements,
   consistent with § 76.124.

   (c) Distributors of syndicated programming shall be entitled to exercise
   exclusive rights pursuant to this Section for a period of one year from the
   initial broadcast syndication licensing of such programming anywhere in the
   United States; provided, however, that distributors shall not be entitled to
   exercise such rights in areas in which the programming has already been
   licensed.

   (d)  In order to exercise exclusivity rights pursuant to this Section,
   distributors of syndicated programming or television broadcast stations
   shall notify each satellite carrier of the exclusivity sought in accordance
   with the requirements of this paragraph. 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; and

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

   (e) A distributor or television station exercising exclusivity pursuant to
   this Section shall provide to the satellite carrier, upon request, an exact
   copy of those portions of the exclusivity contracts, such portions to be
   signed by both the distributor and the television station, setting forth in
   full the provisions pertinent to the duration, nature, and extent of the
   exclusivity  terms concerning broadcast signal exhibition to which the
   parties have agreed.

   (f) Television broadcast stations or distributors entering into contracts on
   or after November 29, 2000, which contain syndicated exclusivity protection
   with  respect to satellite retransmission of programming, shall notify
   affected satellite carriers within sixty calendar days of the signing of
   such a contract. Television broadcast stations or distributors who have
   entered into contracts prior to November 29, 2000, and who comply with the
   requirements specified in § 76.124 shall notify affected satellite carriers
   on or before January 31, 2001; provided, however, that 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.

   (g) Except as otherwise provided in this section, a television broadcast
   station shall be entitled to exclusivity 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 syndicated exclusivity protection until 120 days after the satellite
   carrier receives such notification.

   (h)  In  determining  which programs must be deleted from a television
   broadcast signal, a satellite carrier may rely on information from the
   distributor  or  television  broadcast station requesting exclusivity;
   newspapers  or  magazines  of  general  circulation; or the nationally
   distributed superstation whose programs may be subject to deletion.

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

   (1) Within ten business days following the its receipt of the request; or

   (2) Sixty days before the program or programs mentioned in the request for
   information will be broadcast; whichever comes later.

   (j) 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 satellite carrier 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 satellite carrier of the occurrence of the relevant contingency.
   Notice to be furnished “as soon as possible” under this Subsection shall be
   furnished by telephone, telegraph, facsimile, e-mail, overnight mail or
   other similar expedient means.

   (k) A satellite carrier is not required to delete the 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.

   (l)  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 (d) of this section.

   (m) 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 (d) of
   this section.

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

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