§ 76.54   Significantly viewed signals; method to be followed for special
showings.

   (a) Signals that are significantly viewed in a county (and thus are deemed
   to be significantly viewed within all communities within the county) are
   those that are listed in Appendix B of the memorandum opinion and order on
   reconsideration of the Cable Television Report and Order (Docket 18397 et
   al.), FCC 72-530, and those communities listed in the Significantly Viewed
   List as it appears on the official website of the Federal Communications
   Commission.

   (b) Significant viewing in a cable television or satellite community for
   signals not shown as significantly viewed under paragraphs (a) or (d) of
   this section may be demonstrated by an independent professional audience
   survey of over-the-air television homes that covers at least two weekly
   periods separated by at least thirty (30) days but no more than one of which
   shall be a week between the months of April and September. If two surveys
   are taken, they shall include samples sufficient to assure that the combined
   surveys result in an average figure at least one standard error above the
   required viewing level. If surveys are taken for more than 2-weekly periods
   in any 12 months, all such surveys must result in an average figure at least
   one standard error above the required viewing level. If a cable television
   system  serves  more than one community, a single survey may be taken,
   provided that the sample includes over-the-air television homes from each
   community that are proportional to the population. A satellite carrier may
   demonstrate significant viewing in more than one community or satellite
   community  through  a single survey, provided that the sample includes
   over-the-air television homes from each community that are proportional to
   the population.

   (c) Notice of a survey to be made pursuant to paragraph (b) of this section
   shall be served on all licensees or permittees of television broadcast
   stations within whose predicted noise limited service contour, as defined in
   § 73.622(e) of this chapter, the cable or satellite community or communities
   are located, in whole or in part, and on all other system community units,
   franchisees, and franchise applicants in the cable community or communities
   at least (30) days prior to the initial survey period. Such notice shall
   include  the  name of the survey organization and a description of the
   procedures to be used. Objections to survey organizations or procedures
   shall be served on the party sponsoring the survey within twenty (20) days
   after receipt of such notice.

   (d) Signals of television broadcast stations not encompassed by the surveys
   (for the periods May 1970, November 1970 and February/March 1971) used in
   establishing  appendix  B  of  the  Memorandum  Opinion  and  Order on
   Reconsideration of Cable Television Report and Order, FCC 72-530, 36 FCC 2d
   326 (1972), may be demonstrated as significantly viewed on a county-wide
   basis  by  independent professional audience surveys which cover three
   separate, consecutive four-week periods and are otherwise comparable to the
   surveys  used  in compiling the above-referenced appendix B: Provided,
   however, That such demonstration shall be based upon audience survey data
   for the first three years of the subject station's broadcast operations.

   (e)  Satellite  carriers  that  intend  to  retransmit the signal of a
   significantly viewed television broadcast station to a subscriber located
   outside  such  station's local market, as defined by § 76.55(e) of this
   chapter, must provide written notice to all television broadcast stations
   that are assigned to the same local market as the intended subscriber at
   least 60 days before commencing retransmission of the significantly viewed
   station.  Such  satellite carriers must also provide the notifications
   described in § 76.66(d)(5)(i) of this chapter. Such written notice must be
   sent via certified mail, return receipt requested, to the address for such
   station(s) as listed in the consolidated database maintained by the Federal
   Communications Commission.

   (f) Satellite carriers that retransmit the signal of a significantly viewed
   television broadcast station to a subscriber located outside such station's
   local market must list all such stations and the communities to which they
   are retransmitted on their website.

   (g) Limitations on satellite subscriber eligibility. A satellite carrier may
   retransmit a significantly viewed network station to a subscriber, provided
   the conditions in paragraphs (g)(1) and (g)(2) of this section are satisfied
   or one of the two exceptions to these conditions provided in paragraphs
   (g)(3) and (g)(4) of this section apply.

   (1) Local service requirement. A satellite carrier may retransmit to a
   subscriber the signal of a significantly viewed station if:

   (i) Such subscriber receives local-into-local service pursuant to § 76.66;
   and

   (ii) Such satellite carrier is in compliance with § 76.65 with respect to the
   stations located in the local market into which the significantly viewed
   station will be retransmitted.

   (2) HD format requirement. Subject to the conditions in paragraphs (g)(2)(i)
   through  (iv) of this section, a satellite carrier may retransmit to a
   subscriber in high definition (HD) format the signal of a significantly
   viewed station only if such carrier also retransmits in HD format the signal
   of a station located in the local market of such subscriber and affiliated
   with the same network whenever such format is available from such station,
   including when the HD signal is broadcast on a multicast stream.

   (i) The requirement in paragraph (g)(2) of this section applies only where a
   satellite carrier retransmits to a subscriber the significantly viewed
   station  in  HD format, and does not restrict a satellite carrier from
   retransmitting to a subscriber a significantly viewed station in standard
   definition (SD) format.

   (ii)  For  purposes  of paragraph (g)(2) of this section, the term “HD
   format” refers to a picture quality resolution of 720p, 1080i, or higher.

   (iii) For purposes of paragraph (g)(2) of this section, the local station's
   HD signal will be considered “available” to the satellite carrier when the
   station:

   (A) Elects mandatory carriage or grants retransmission consent;

   (B) Provides a good quality HD signal to the satellite carrier's local
   receive facility (LRF); and

   (C) Complies with the requirements of § § 76.65 and 76.66.

   (iv)  Notwithstanding  the provisions of paragraph (g)(2)(iii) of this
   section, if the local station is willing to grant retransmission consent and
   make its HD signal available to the satellite carrier, but the satellite
   carrier does not negotiate with the local station in good faith, as required
   by § 76.65, then the local station's HD signal will be deemed “available” for
   purposes of paragraph (g)(2) of this section.

   (3) Exception if no network affiliate in local market. The limitations in
   paragraphs (g)(1) and (g)(2) of this section will not prohibit a satellite
   carrier from retransmitting a significantly viewed network station to a
   subscriber located in a local market in which there are no network stations
   affiliated with the same television network as the significantly viewed
   station.

   (4)  Exception  if waiver granted by local station. The limitations in
   paragraphs (g)(1) and (g)(2) of this section will not apply if, and to the
   extent that, the local network station affiliated with the same television
   network  as  the  significantly viewed station has granted a waiver in
   accordance with 47 U.S.C. 340(b)(4).

   (h) [Reserved]

   (i) For purposes of paragraph (g) of this section, television network and
   network station are as defined in 47 U.S.C. 339(d).

   (j)  Notwithstanding the requirements of this section, the signal of a
   television broadcast station will be deemed to be significantly viewed if
   such station is shown to qualify for such status pursuant to 47 U.S.C.
   341(a).

   (k)  Notwithstanding the other provisions of this section, a satellite
   carrier  may  not  retransmit  as significantly viewed the signal of a
   television broadcast station into the Designated Market Areas identified in
   47 U.S.C. 341(b).

   [ 37 FR 3278 , Feb. 12, 1972, as amended at  37 FR 13866 , July 14, 1972;  40 FR 48930 , Oct. 20, 1975;  41 FR 32429 , Aug. 3, 1976;  42 FR 19346 , Apr. 13, 1977;
    53 FR 17051 , May 13, 1988;  56 FR 33392 , July 22, 1991;  70 FR 76529 , Dec. 27,
   2005;  75 FR 72986 , Nov. 29, 2010]

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