Goto Section: 76.103 | 76.106 | Table of Contents
Revised as of May 23, 2019
Goto Year:2018 |
§ 76.105 Notification.
(a) In order to exercise exclusivity rights pursuant to § 76.101,
distributors or television stations shall notify each cable television
system operator of the exclusivity sought in accordance with the
requirements of this section. 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
(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.
(b): Broadcasters entering into contracts which contain syndicated
exclusivity protection shall notify affected cable systems within sixty
calendar days of the signing of such a contract. A broadcaster shall be
entitled to exclusivity protection beginning on the later of:
(1) The date specified in its notice 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
(c) In determining which programs must be deleted from a television
broadcast signal, a cable television system operator may rely on
information from any of the following sources published or otherwise
(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
(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 distributor or television station requesting exclusivity.
(d) 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 cable
television system operator 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
cable television system operator of the occurrence of the relevant
contingency. 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.
[ 65 FR 68101 , Nov. 14, 2000, as amended at 83 FR 7627 , Feb. 22, 2018]
Effective Date Note: At 83 FR 7627 , Feb. 22, 2018, § 76.105 was amended
by revising the introductory text to paragraph (b). This paragraph
contains information collection and recordkeeping requirements and will
not become effective until approval has been given by the Office of
Management and Budget.
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Goto Section: 76.103 | 76.106
Goto Year: 2018 |
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