FCC 76.64 Revised as of October 1, 2014
Goto Year:2013 |
§ 76.64 Retransmission consent.
(a) After 12:01 a.m. on October 6, 1993, no multichannel video
programming distributor shall retransmit the signal of any commercial
broadcasting station without the express authority of the originating
station, except as provided in paragraph (b) of this section.
(b) A commercial broadcast signal may be retransmitted without express
authority of the originating station if--
(1) The distributor is a cable system and the signal is that of a
commercial television station (including a low-power television
station) that is being carried pursuant to the Commission's must-carry
rules set forth in § 76.56;
(2) The multichannel video programming distributor obtains the signal
of a superstation that is distributed by a satellite carrier and the
originating station was a superstation on May 1, 1991, and the
distribution is made only to areas outside the local market of the
originating station; or
(3) The distributor is a satellite carrier and the signal is
transmitted directly to a home satellite antenna, provided that:
(i) The broadcast station is not owned or operated by, or affiliated
with, a broadcasting network and its signal was retransmitted by a
satellite carrier on May 1, 1991, or
(ii) The broadcast station is owned or operated by, or affiliated with
a broadcasting network, and the household receiving the signal is an
(c) For purposes of this section, the following definitions apply:
(1) A satellite carrier is an entity that uses the facilities of a
satellite or satellite service licensed by the Federal Communications
Commission, 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;
(2) A superstation is a television broadcast station other than a
network station, licensed by the Federal Communications Commission that
is secondarily transmitted by a satellite carrier;
(3) An unserved household with respect to a television network is a
(i) Cannot receive, through the use of a conventional outdoor rooftop
receiving antenna, an over-the-air signal of grade B intensity of a
primary network station affiliated with that network, and
(ii) Has not, within 90 days before the date on which that household
subscribes, either initially or on renewal, received secondary
transmissions by a satellite carrier of a network station affiliated
with that network, subscribed to a cable system that provides the
signal of a primary network station affiliated with the network.
(4) A primary network station is a network station that broadcasts or
rebroadcasts the basic programming service of a particular national
(5) The terms "network station," and "secondary transmission" have the
meanings given them in 17 U.S.C. 111(f).
(d) A multichannel video program distributor is an entity such as, but
not limited to, a cable operator, a BRS/EBS provider, a direct
broadcast satellite service, a television receive-only satellite
program distributor, or a satellite master antenna television system
operator, that makes available for purchase, by subscribers or
customers, multiple channels of video programming.
(e) The retransmission consent requirements of this section are not
applicable to broadcast signals received by master antenna television
facilities or by direct over-the-air reception in conjunction with the
provision of service by a multichannel video program distributor
provided that the multichannel video program distributor makes
reception of such signals available without charge and at the
subscribers option and provided further that the antenna facility used
for the reception of such signals is either owned by the subscriber or
the building owner; or under the control and available for purchase by
the subscriber or the building owner upon termination of service.
(f) Commercial television stations are required to make elections
between retransmission consent and must-carry status according to the
(1) The initial election must be made by June 17, 1993.
(2) Subsequent elections must be made at three year intervals; the
second election must be made by October 1, 1996 and will take effect on
January 1, 1997; the third election must be made by October 1, 1999 and
will take effect on January 1, 2000, etc.
(3) Television stations that fail to make an election by the specified
deadline will be deemed to have elected must carry status for the
relevant three-year period.
(4) New television stations and stations that return their analog
spectrum allocation and broadcast in digital only shall make their
initial election any time between 60 days prior to commencing broadcast
and 30 days after commencing broadcast or commencing broadcasting in
digital only; such initial election shall take effect 90 days after it
(5) Television broadcast stations that become eligible for must carry
status with respect to a cable system or systems due to a change in the
market definition may, within 30 days of the effective date of the new
definition, elect must-carry status with respect to such system or
systems. Such elections shall take effect 90 days after they are made.
(g) If one or more franchise areas served by a cable system overlaps
with one or more franchise areas served by another cable system,
television broadcast stations are required to make the same election
for both cable systems.
(h) On or before each must-carry/retransmission consent election
deadline, each television broadcast station shall place copies of all
of its election statements in the station's public file, and shall send
via certified mail to each cable system in the station's defined market
a copy of the station's election statement with respect to that
(i) Notwithstanding a television station's election of must-carry
status, if a cable operator proposes to retransmit that station's
signal without according the station must-carry rights (i.e., pursuant
to § 76.56(e)), the operator must obtain the station's express
authority prior to retransmitting its signal.
(j) Retransmission consent agreements between a broadcast station and a
multichannel video programming distributor shall be in writing and
shall specify the extent of the consent being granted, whether for the
entire signal or any portion of the signal. This rule applies for
either the analog or the digital signal of a television station.
(k) A cable system commencing new operation is required to notify all
local commercial and noncommercial broadcast stations of its intent to
commence service. The cable operator must send such notification, by
certified mail, at least 60 days prior to commencing cable service.
Commercial broadcast stations must notify the cable system within 30
days of the receipt of such notice of their election for either
must-carry or retransmission consent with respect to such new cable
system. If the commercial broadcast station elects must-carry, it must
also indicate its channel position in its election statement to the
cable system. Such election shall remain valid for the remainder of any
three-year election interval, as established in § 76.64(f)(2).
Noncommercial educational broadcast stations should notify the cable
operator of their request for carriage and their channel position. The
new cable system must notify each station if its signal quality does
not meet the standards for carriage and if any copyright liability
would be incurred for the carriage of such signal. Pursuant to
§ 76.57(e), a commercial broadcast station which fails to respond to
such a notice shall be deemed to be a must-carry station for the
remainder of the current three-year election period.
(l) Exclusive retransmission consent agreements are prohibited. No
television broadcast station shall make or negotiate any agreement with
one multichannel video programming distributor for carriage to the
exclusion of other multichannel video programming distributors. This
paragraph shall terminate at midnight on February 28, 2010, provided
that if Congress further extends this date, the rules remain in effect
until the statutory authorization expires.
(m) A multichannel video programming distributor providing an all-band
FM radio broadcast service (a service that does not involve the
individual processing of specific broadcast signals) shall obtain
retransmission consents from all FM radio broadcast stations that are
included on the service that have transmitters located within 92
kilometers (57 miles) of the receiving antenna for such service.
Stations outside of this 92 kilometer (57 miles) radius shall be
presumed not to be carried in an all-band reception mode but may
affirmatively assert retransmission consent rights by providing 30 days
advance notice to the distributor.
Note 1 to § 76.64: Section 76.1608 provides notification requirements
for a cable system that changes its technical configuration in such a
way as to integrate two formerly separate cable systems.
[ 58 FR 17363 , Apr. 2, 1993, as amended at 59 FR 62345 , Dec. 5, 1994; 65 FR 15575 , Mar. 23, 2000; 65 FR 53615 , Sept. 5, 2000; 66 FR 16553 , Mar.
26, 2001; 67 FR 17015 , Apr. 9, 2002; 69 FR 72045 , Dec. 10, 2004; 70 FR 40224 , July 13, 2005; 74 FR 69286 , Dec. 31, 2009]
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