APPENDIX B

**NETWORK NONDUPLICATION, SYNDICATED PROGRAM EXCLUSIVITY AND SPORTS
BLACKOUT RULES AND RELATED REGULATIONS**

**[Network Nonduplication Rules]{.underline}**

**§ 76.92 Network non‑duplication; extent of protection.**

\(a\) Upon receiving notification pursuant to § 76.94, a cable community
unit located in whole or in part within the geographic zone for a
network program, the network non‑duplication rights to which are held by
a commercial television station licensed by the Commission, shall not
carry that program as broadcast by any other television signal, except
as otherwise provided below.

\(b\) For purposes of this section, the order of nonduplication priority
of television signals carried by a community unit is as follows:

> \(1\) First, all television broadcast stations within whose specified
> zone the community of the community unit is located, in whole or in
> part;
>
> \(2\) Second, all smaller market television broadcast stations within
> whose secondary zone the community of the community unit is located,
> in whole or in part.

\(c\) For purposes of this section, all noncommercial educational
television broadcast stations licensed to a community located in whole
or in part within a major television market as specified in §76.51 shall
be treated in the same manner as a major market commercial television
broadcast station, and all noncommercial educational television
broadcast stations not licensed to a community located in whole or in
part within a major television market shall be treated in the same
manner as a smaller market television broadcast station.

\(d\) Any community unit operating in a community to which a 100‑watt or
higher power translator is located within the predicted Grade B signal
contour of the television broadcast station that the translator station
retransmits, and which translator is carried by the community unit
shall, upon request of such translator station licensee or permittee,
delete the duplicating network programming of any television broadcast
station whose reference point (See § 76.53) is more than 88.5 km (55
miles) from the community of the community unit.

\(e\) Any community unit which operates in a community located in whole
or in part within the secondary zone of a smaller market television
broadcast station is not required to delete the duplicating network
programming of any major market television broadcast station whose
reference point (See Section 76.53) is also within 88.5 km (55 miles) of
the community of the community unit.

\(f\) A community unit is not required to delete the duplicating network
programming of any television broadcast station which is significantly
viewed in the cable television community pursuant to § 76.54.

\(g\) A community unit is not required to delete the duplicating network
programming of any qualified NCE television broadcast station that is
carried in fulfillment of the cable television system\'s mandatory
signal carriage obligations, pursuant to § 76.56.

Note: With respect to network programming, the geographic zone within
which the television station is entitled to enforce network
non‑duplication protection and priority of shall be that geographic area
agreed upon between the network and the television station. In no event
shall such rights exceed the area within which the television station
may acquire broadcast territorial exclusivity rights as defined in §
73.658(m), except that small market television stations shall be
entitled to a secondary protection zone of 32.2 additional kilometers
(20 additional miles). To the extent rights are obtained for any
hyphenated market named in § 76.51, such rights shall not exceed those
permitted under § 76.658(m) for each named community in that market.

§ 76.93 Parties entitled to network non‑duplication protection.

Television broadcast station licensees shall be entitled to exercise
non‑ duplication rights pursuant to § 76.92 in accordance with the
contractual provisions of the network‑affiliate agreement.

**§ 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; provided, however, that
for such contracts signed before May 5, 1989, a broadcaster may provide
notice on or before June 19, 1989. 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‑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 subsection 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.

§ 76.95 Exceptions.

\(a\) The provisions of §§ 76.92‑76.94 shall not apply to a cable system
serving fewer than 1,000 subscribers. Within 60 days following the
provision of service to 1,000 subscribers, the operator of each such
system shall file a notice to that effect with the Commission, and serve
a copy of that notice on every television station that would be entitled
to exercise network non‑ duplication protection against it.

\(b\) Network non‑duplication protection need not be extended to a
higher priority station for one hour following the scheduled time of
completion of the broadcast of a live sports event by that station or by
a lower priority station against which a cable community unit would
otherwise be required to provide non‑duplication protection following
the scheduled time of completion.

**§ 76.97 Effective dates.**

The network non‑duplication protection and exceptions thereto outlined
in §§ 76.92 through 76.95 shall become enforceable on January 1, 1990.
The rules in effect on May 18, 1988, will remain operative until January
1, 1990.

**[Syndicated Program Exclusivity Rules]{.underline}**

**§ 76.151 Syndicated program exclusivity: extent of protection.**

Upon receiving notification pursuant to § 76.155, a cable community unit
located in whole or in part within the geographic zone for a syndicated
program, the syndicated exclusivity rights to which are held by a
commercial television station licensed by the Commission, shall not
carry that program as broadcast by any other television signal, except
as otherwise provided below.

Note: With respect to each syndicated program, the geographic zone
within which the television station is entitled to enforce syndicated
exclusivity rights shall be that geographic area agreed upon between the
non‑network program supplier, producer or distributor and the television
station. In no event shall such zone exceed the area within which the
television station has acquired broadcast territorial exclusivity rights
as defined in § 73.658(m). To the extent rights are obtained for any
hyphenated market named in § 76.51, such rights shall not exceed those
permitted under § 73.658(m) for each named community in that market.

§ 76.153 Parties entitled to syndicated exclusivity.

\(a\) Television broadcast station licensees shall be entitled to
exercise exclusivity rights pursuant to § 76.151 in accordance with the
contractual provisions of their syndicated program license agreements,
consistent with § 76.159.

\(b\) Distributors of syndicated programming shall be entitled to
exercise exclusive rights pursuant to § 76.151 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.

§ 76.155 Notification.

\(a\) In order to exercise exclusivity rights pursuant to § 76.151,
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
> 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.

\(b\) Broadcasters entering into contracts on or after August 18, 1988,
which contain syndicated exclusivity protection shall notify affected
cable systems within sixty calendar days of the signing of such a
contract. Broadcasters who have entered into contracts prior to August
18, 1988, and who comply with the requirements specified in § 76.159
shall notify affected cable systems on or before June 19, 1989;
provided, however, that with respect to such pre‑August 18, 1988,
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. 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‑Saturday) that begins
> 60 days after the cable television system receives notice from the
> broadcaster;

\(c\) 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
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 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 subsection shall be
furnished by telephone, telegraph, facsimile, overnight mail or other
similar expedient means.

§ 76.156 Exceptions.

\(a\) Notwithstanding the requirements of §§ 76.151‑76.155, a broadcast
signal is not required to be deleted from a cable community unit when
that cable community unit falls, in whole or in part, within that
signal\'s grade B contour, or when the signal is significantly viewed
pursuant to § 76.54 in the cable community.

\(b\) The provisions of §§ 76.151‑76.155 shall not apply to a cable
system serving fewer than 1,000 subscribers. Within 60 days following
the provision of service to 1,000 subscribers, the operator of each such
system shall file a notice to that effect with the Commission, and serve
a copy of that notice on every television station that would be entitled
to exercise syndicated exclusivity protection against it.

§ 76.157 Exclusivity contracts.

A distributor or television station exercising exclusivity pursuant to §
76.151 shall provide to the cable system, 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.

§ 76.158 Indemnification contracts.

No licensee shall enter into any contract to indemnify a cable system
for liability resulting from failure to delete programming in accordance
with the provisions of this subpart unless the licensee has a reasonable
basis for concluding that such program deletion is not required by this
subpart.

§ 76.159 Requirements for invocation of protection.

For a station licensee to be eligible to invoke the provisions of this
subpart, it must have a contract or other written indicia that it holds
syndicated exclusivity rights for the exhibition of the program in
question. Contracts entered on or after August 18, 1988, must contain
the following words: \"the licensee \[or substitute name\] shall, by the
terms of this contract, be entitled to invoke the protection against
duplication of programming imported under the Compulsory Copyright
License, as provided in § 76.151 of the FCC rules \[or \'as provided in
the FCC\'s syndicated exclusivity rules\'\].\" Contracts entered into
prior to August 18, 1988, must contain either the foregoing language or
a clear and specific reference to the licensee\'s authority to exercise
exclusivity rights as to the specific programming against cable
television broadcast signal carriage by the cable system in question
upon the contingency that the government reimposed syndicated
exclusivity protection. In the absence of such a specific reference in
contracts entered into prior to August 18, 1988, the provisions of these
rules may be invoked only if (a) the contract is amended to include the
specific language referenced above or (b) a specific written
acknowledgment is obtained from the party from whom the broadcast
exhibition rights were obtained that the existing contract was intended,
or should now be construed by agreement of the parties, to include such
rights. A general acknowledgment by a supplier of exhibition rights that
specific contract language was intended to convey rights under these
rules will be accepted with respect to all contracts containing that
specific language. Nothing in this Section shall be construed as a grant
of exclusive rights to a broadcaster where such rights are not agreed to
by the parties.

§ 76.161 Substitutions.

Whenever, pursuant to the requirements of the syndicated exclusivity
rules, a community unit is required to delete a television program on a
broadcast signal that is permitted to be carried under the Commission\'s
rules, such community unit may, consistent with these rules and the
sports blackout rules at 47 CFR 76.67, substitute a program from any
other television broadcast station. Programs substituted pursuant to
this section may be carried to their completion.

§ 76.163 Effective dates.

No cable system shall be required to delete programming pursuant to the
provisions of §§ 76.151 through 76.159 prior to January 1, 1990.

**[Sports Broadcasts Rule.]{.underline}**[^1]

**§ 76.67 Sports broadcasts.**

\(a\) No community unit located in whole or in part within the specified
zone of a television broadcast station licensed to a community in which
a sports event is taking place, shall, on request of the holder of the
broadcast rights to that event, or its agent, carry the live television
broadcast of that event if the event is not available live on a
television broadcast signal carried by the community unit meeting the
criteria specified in §§ 76.5(gg)(1) through 76.5(gg)(3) of this part.
For purposes of this section, if there is no television station licensed
to the community in which the sports event is taking place, the
applicable specified zone shall be that of the television station
licensed to the community with which the sports event or team is
identified, or, if the event or local team is not identified with any
particular community, the nearest community to which a television
station is licensed.

\(b\) Notification of the programming to be deleted pursuant to this
section shall include the following information:

> \(1\) As to programming to be deleted from television broadcast
> signals regularly carried by the community unit:
>
> \(i\) The name and address of the party requesting the program
> deletion;
>
> \(ii\) The date, time and expected duration of the sports event the
> television broadcast of which is to be deleted;
>
> \(iii\) The call letters of the television broadcast station(s) from
> which the deletion is to be made.
>
> \(2\) As to programming to be deleted from television broadcast
> signals not regularly carried by the community unit:
>
> \(i\) The name and address of the party requesting the program
> deletion;
>
> \(ii\) The date, time and expected duration of the sports event the
> television broadcast of which is to be deleted.

\(c\) Notifications given pursuant to this section must be received, as
to regularly scheduled events, no later than the Monday preceding the
calendar week (Sunday‑Saturday) during which the program deletion is to
be made. Notifications as to events not regularly scheduled and
revisions of notices previously submitted, must be received within
twenty‑four (24) hours after the time of the telecast to be deleted is
known, but in any event no later than twenty‑four (24) hours from the
time the subject telecast is to take place.

\(d\) Whenever, pursuant to this section, a community unit is required
to delete a television program on a signal regularly carried by the
community unit, such community unit may, consistent with the rules
contained in Subpart F of this part, substitute a program from any other
television broadcast station. A program substituted may be carried to
its completion, and the community unit need not return to its regularly
carried signal until it can do so without interrupting a program already
in progress.

\(e\) The provisions of this section shall not be deemed to require the
deletion of any portion of a television signal which a community unit
was lawfully carrying prior to March 31, 1972.

\(f\) The provisions of this section shall not apply to any community
unit having fewer than 1,000 subscribers.

[Other Relevant Regulations]{.underline}

73.658 Affiliation agreements and network program practices; territorial
exclusivity in non‑network program arrangements.

> \* \* \*

\(m\) Territorial exclusivity in non‑network arrangements.

\(1\) No television station shall enter into any contract, arrangement,
or understanding, expressed or implied; with a non‑network program
producer, distributor, or supplier, or other person; which prevents or
hinders another television station located in a community over 56.3
kilometers (35 miles) away, as determined by the reference points
contained in § 76.53 of this chapter, (if reference points for a
community are not listed in § 76.53, the location of the main post
office will be used) from broadcasting any program purchased by the
former station from such non‑network program producer, distributor,
supplier, or other person, except that a television station may secure
exclusivity against a television station licensed to another designated
community in a hyphenated market specified in the market listing as
contained in § 76.51 of this chapter for those 100 markets listed, and
for markets not listed in § 76.51 of this chapter, the listing as
contained in the ARB Television Market Analysis for the most recent year
at the time that the exclusivity contract, arrangement or understanding
is complete under practices of the industry. As used in this paragraph,
the term \"community\" is defined as the community specified in the
instrument of authorization as the location of the station.

[^1]: This rule is commonly referred to as the Sports Blackout Rule, and
    is so called in the SHVIA.