§ 76.94   Notification.

   (a)  In  order  to exercise non-duplication rights pursuant to § 76.92,
   television stations shall notify each cable television system operator of
   the non-duplication sought in accordance with the requirements of this
   section. Except as otherwise provided in paragraph (b) 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) The name of the program or series (including specific episodes where
   necessary) for which protection is sought; and

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

   (b)   Broadcasters  entering  into  contracts  providing  for  network
   non-duplication protection shall notify affected cable systems within 60
   calendar  days  of  the  signing  of such a contract. In the event the
   broadcaster is unable based on the information contained in the contract, to
   furnish all the information required by paragraph (a) of this section at
   that time, the broadcaster must provide modified notices that contain the
   following information:

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

   (2) 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; and

   (3) 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.

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

   (1) The date specified in its notice (as described in paragraphs (a) or (b)
   of this section, whichever is applicable) 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.

   (d) A broadcaster shall provide the following information to the cable
   television system under the following circumstances:

   (1)  In the event the protection specified in the notices described in
   paragraphs (a) or (b) 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 cable system in a notice pursuant to paragraph (b) 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 cable television system operator 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, overnight mail or other similar expedient
   means.

   (2) In the event the protection specified in the modified notices described
   in paragraph (b) 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 cable system operator that has
   previously received notice of all changes from the original notice.

   (e) In determining which programs must be deleted from a television 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 broadcaster requesting exclusivity.

   (f) A broadcaster exercising exclusivity pursuant to § 76.92 shall provide to
   the cable system, 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.

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