Sec.  76.66   Satellite broadcast signal carriage.

   (a) Definitions—(1) Satellite carrier. A satellite carrier is an entity that
   uses the facilities of a satellite or satellite service licensed by the
   Federal Communications Commission, and operates in the Fixed-Satellite
   Service under part 25 of title 47 of the Code of Federal Regulations or the
   Direct Broadcast Satellite Service under part 100 of title 47 of the Code of
   Federal Regulations, 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 a 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) Secondary transmission. A secondary transmission is the further
   transmitting of a primary transmission simultaneously with the primary
   transmission.

   (3) Subscriber. A subscriber is a person who receives a secondary
   transmission service from a satellite carrier and pays a fee for the
   service, directly or indirectly, to the satellite carrier or to a
   distributor.

   (4) Television broadcast station. A television broadcast station is an
   over-the-air commercial or noncommercial television broadcast station
   licensed by the Commission under subpart E of part 73 of title 47, Code of
   Federal Regulations, except that such term does not include a low-power or
   translator television station.

   (5) Television network. For purposes of this section, a television network
   is an entity which offers an interconnected program service on a regular
   basis for 15 or more hours per week to at least 25 affiliated broadcast
   stations in 10 or more States.

   (6) Local-into-local television service. A satellite carrier is providing
   local-into-local service when it retransmits a local television station
   signal back into the local market of that television station for reception
   by subscribers.

   (b) Signal carriage obligations. (1) Each satellite carrier providing, under
   section 122 of title 17, United States Code, secondary transmissions to
   subscribers located within the local market of a television broadcast
   station of a primary transmission made by that station, shall carry upon
   request the signals of all television broadcast stations located within that
   local market, subject to section 325(b) of title 47, United States Code, and
   other paragraphs in this section.

   (2) A satellite carrier that offers multichannel video programming
   distribution service in the United States to more than 5,000,000 subscribers
   shall, no later than December 8, 2005, carry upon request the signal
   originating as an analog signal of each television broadcast station that is
   located in a local market in Alaska or Hawaii; and shall, no later than June
   8, 2007, carry upon request the signals originating as digital signals of
   each television broadcast station that is located in a local market in
   Alaska or Hawaii. Such satellite carrier is not required to carry the signal
   originating as analog after commencing carriage of digital signals on June
   8, 2007. Carriage of signals originating as digital signals of each
   television broadcast station that is located in a local market in Alaska or
   Hawaii shall include the entire free over-the-air signal, including
   multicast and high definition digital signals.

   (c) Election cycle. In television markets where a satellite carrier is
   providing local-into-local service, a commercial television broadcast
   station may elect either retransmission consent, pursuant to section 325 of
   title 47 United States Code, or mandatory carriage, pursuant to section 338,
   title 47 United States Code.

   (1) The first retransmission consent-mandatory carriage election cycle shall
   be for a four-year period commencing on January 1, 2002 and ending December
   31, 2005.

   (2) The second retransmission consent-mandatory carriage election cycle, and
   all cycles thereafter, shall be for a period of three years (e.g. the second
   election cycle commences on January 1, 2006 and ends at midnight on December
   31, 2008).

   (3) A commercial television station must notify a satellite carrier, by July
   1, 2001, of its retransmission consent-mandatory carriage election for the
   first election cycle commencing January 1, 2002.

   (4) Except as provided in paragraphs (c)(6), (d)(2) and (d)(3) of this
   section, local commercial television broadcast stations shall make their
   retransmission consent-mandatory carriage election by October 1st of the
   year preceding the new cycle for all election cycles after the first
   election cycle.

   (5) A noncommercial television station must request carriage by July 1, 2001
   for the first election cycle and must renew its carriage request at the same
   time a commercial television station must make its retransmission
   consent-mandatory carriage election for all subsequent cycles.

   (6) A commercial television broadcast station located in a local market in
   Alaska or Hawaii shall make its retransmission consent-mandatory carriage
   election by October 1, 2005, for carriage of its signal that originates as
   an analog signal for carriage commencing on December 8, 2005, and by April
   1, 2007, for its signal that originates as a digital signal for carriage
   commencing on June 8, 2007 and ending on December 31, 2008. For analog and
   digital signal carriage cycles commencing after December 31, 2008, such
   stations shall follow the election cycle in paragraphs (c)(2) and (4). A
   noncommercial television broadcast station located in a local market in
   Alaska or Hawaii must request carriage by October 1, 2005, for carriage of
   its signal that originates as an analog signal for carriage commencing on
   December 8, 2005, and by April 1, 2007, for its signal that originates as a
   digital signal for carriage commencing on June 8, 2007 and ending on
   December 31, 2008.

   (d) Carriage procedures—(1) Carriage requests. (i) An election for mandatory
   carriage made by a television broadcast station shall be treated as a
   request for carriage. For purposes of this paragraph concerning carriage
   procedures, the term election request includes an election of retransmission
   consent or mandatory carriage.

   (ii) An election request made by a television station must be in writing and
   sent to the satellite carrier's principal place of business, by certified
   mail, return receipt requested.

   (iii) A television station's written notification shall include the:

   (A) Station's call sign;

   (B) Name of the appropriate station contact person;

   (C) Station's address for purposes of receiving official correspondence;

   (D) Station's community of license;

   (E) Station's DMA assignment; and

   (F) For commercial television stations, its election of mandatory carriage
   or retransmission consent.

   (iv) Within 30 days of receiving a television station's carriage request, a
   satellite carrier shall notify in writing:

   (A) those local television stations it will not carry, along with the
   reasons for such a decision; and

   (B) those local television stations it intends to carry.

   (v) A satellite carrier is not required to carry a television station, for
   the duration of the election cycle, if the station fails to assert its
   carriage rights by the deadlines established in this section.

   (2) New local-into-local service.

   (i) A new satellite carrier or a satellite carrier providing local service
   in a market for the first time after July 1, 2001, shall inform each
   television broadcast station licensee within any local market in which a
   satellite carrier proposes to commence carriage of signals of stations from
   that market, not later than 60 days prior to the commencement of such
   carriage

   (A) Of the carrier's intention to launch local-into-local service under this
   section in a local market, the identity of that local market, and the
   location of the carrier's proposed local receive facility for that local
   market;

   (B) Of the right of such licensee to elect carriage under this section or
   grant retransmission consent under section 325(b);

   (C) That such licensee has 30 days from the date of the receipt of such
   notice to make such election; and

   (D) That failure to make such election will result in the loss of the right
   to demand carriage under this section for the remainder of the 3-year cycle
   of carriage under section 325.

   (ii) Satellite carriers shall transmit the notices required by paragraph
   (d)(2)(i) of this section via certified mail to the address for such
   television station licensee listed in the consolidated database system
   maintained by the Commission.

   (iii) A satellite carrier with more than five million subscribers shall
   provide the notice as required by paragraphs (d)(2)(i) and (ii) of this
   section to each television broadcast station located in a local market in
   Alaska or Hawaii, not later than March 1, 2007 with respect to carriage of
   digital signals; provided, further, that the notice shall also describe the
   carriage requirements pursuant to 47 U.S.C. 338(a)(4), and paragraph (b)(2)
   of this section.

   (iv) A satellite carrier shall commence carriage of a local station by the
   later of 90 days from receipt of an election of mandatory carriage or upon
   commencing local-into-local service in the new television market.

   (v) Within 30 days of receiving a local television station's election of
   mandatory carriage in a new television market, a satellite carrier shall
   notify in writing: Those local television stations it will not carry, along
   with the reasons for such decision, and those local television stations it
   intends to carry.

   (3) New television stations. (i) A television station providing over-the-air
   service in a market for the first time on or after July 1, 2001, shall be
   considered a new television station for satellite carriage purposes.

   (ii) A new television station shall make its election request, in writing,
   sent to the satellite carrier's principal place of business by certified
   mail, return receipt requested, between 60 days prior to commencing
   broadcasting and 30 days after commencing broadcasting. This written
   notification shall include the information required by paragraph (d)(1)(iii)
   of this section.

   (iii) A satellite carrier shall commence carriage within 90 days of
   receiving the request for carriage from the television broadcast station or
   whenever the new television station provides over-the-air service.

   (iv) Within 30 days of receiving a new television station's election of
   mandatory carriage, a satellite carrier shall notify the station in writing
   that it will not carry the station, along with the reasons for such
   decision, or that it intends to carry the station.

   (4) Television broadcast stations must send election requests as provided in
   paragraphs (d)(1), (2), and (3) of this section on or before the relevant
   deadline.

   (5) Elections in markets in which significantly viewed signals are carried.
   (i) Beginning with the election cycle described in  Sec. 76.66(c)(2), the
   retransmission of significantly viewed signals pursuant to  Sec. 76.54 by a
   satellite carrier that provides local-into-local service is subject to
   providing the notifications to stations in the market pursuant to paragraphs
   (d)(5)(i)(A) and (B) of this section, unless the satellite carrier was
   retransmitting such signals as of the date these notifications were due.

   (A) In any local market in which a satellite carrier provided
   local-into-local service on December 8, 2004, at least 60 days prior to any
   date on which a station must make an election under paragraph (c) of this
   section, identify each affiliate of the same television network that the
   carrier reserves the right to retransmit into that station's local market
   during the next election cycle and the communities into which the satellite
   carrier reserves the right to make such retransmissions;

   (B) In any local market in which a satellite carrier commences
   local-into-local service after December 8, 2004, at least 60 days prior to
   the commencement of service in that market, and thereafter at least 60 days
   prior to any date on which the station must thereafter make an election
   under  Sec. 76.66(c) or (d)(2), identify each affiliate of the same television
   network that the carrier reserves the right to retransmit into that
   station's local market during the next election cycle.

   (ii) A television broadcast station located in a market in which a satellite
   carrier provides local-into-local television service may elect either
   retransmission consent or mandatory carriage for each county within the
   station's local market if the satellite carrier provided notice to the
   station, pursuant to paragraph (d)(5)(i) of this section, that it intends to
   carry during the next election cycle, or has been carrying on the date
   notification was due, in the station's local market another affiliate of the
   same network as a significantly viewed signal pursuant to  Sec. 76.54.

   (iii) A television broadcast station that elects mandatory carriage for one
   or more counties in its market and elects retransmission consent for one or
   more other counties in its market pursuant to paragraph (d)(5)(ii) of this
   section shall conduct a unified negotiation for the entire portion of its
   local market for which retransmission consent is elected.

   (iv) A television broadcast station that receives a notification from a
   satellite carrier pursuant to paragraph (d)(5)(i) of this section with
   respect to an upcoming election cycle may choose either retransmission
   consent or mandatory carriage for any portion of the 3-year election cycle
   that is not covered by an existing retransmission consent agreement.

   (e) Market definitions. (1) A local market, in the case of both commercial
   and noncommercial television broadcast stations, is the designated market
   area in which a station is located, and

   (i) In the case of a commercial television broadcast station, all commercial
   television broadcast stations licensed to a community within the same
   designated market area within the same local market; and

   (ii) In the case of a noncommercial educational television broadcast
   station, the market includes any station that is licensed to a community
   within the same designated market area as the noncommercial educational
   television broadcast station.

   (2) A designated market area is the market area, as determined by Nielsen
   Media Research and published in the 1999–2000 Nielsen Station Index
   Directory and Nielsen Station Index United States Television Household
   Estimates or any successor publication. In the case of areas outside of any
   designated market area, any census area, borough, or other area in the State
   of Alaska that is outside of a designated market area, as determined by
   Nielsen Media Research, shall be deemed to be part of one of the local
   markets in the State of Alaska.

   (3) A satellite carrier shall use the 1999–2000 Nielsen Station Index
   Directory and Nielsen Station Index United States Television Household
   Estimates to define television markets for the first retransmission
   consent-mandatory carriage election cycle commencing on January 1, 2002 and
   ending on December 31, 2005. The 2003–2004 Nielsen Station Index Directory
   and Nielsen Station Index United States Television Household Estimates shall
   be used for the second retransmission consent-mandatory carriage election
   cycle commencing January 1, 2006 and ending December 31, 2008, and so forth
   for each triennial election pursuant to this section. Provided, however,
   that a county deleted from a market by Nielsen need not be subtracted from a
   market in which a satellite carrier provides local-into-local service, if
   that county is assigned to that market in the 1999–2000 Nielsen Station
   Index Directory or any subsequent issue of that publication. A satellite
   carrier may determine which local market in the State of Alaska will be
   deemed to be the relevant local market in connection with each subscriber in
   an area in the State of Alaska that is outside of a designated market, as
   described in paragraph (e)(2) of this section.

   (4) A local market includes all counties to which stations assigned to that
   market are licensed.

   (f) Receive facilities. (1) A local receive facility is the reception point
   in each local market which a satellite carrier designates for delivery of
   the signal of the station for purposes of retransmission.

   (2) A satellite carrier may establish another receive facility to serve a
   market if the location of such a facility is acceptable to at least one-half
   the stations with carriage rights in that market.

   (3) Except as provided in 76.66(d)(2), a satellite carrier providing
   local-into-local service must notify local television stations of the
   location of the receive facility by June 1, 2001 for the first election
   cycle and at least 120 days prior to the commencement of all election cycles
   thereafter.

   (4) A satellite carrier may relocate its local receive facility at the
   commencement of each election cycle. A satellite carrier is also permitted
   to relocate its local receive facility during the course of an election
   cycle, if it bears the signal delivery costs of the television stations
   affected by such a move. A satellite carrier relocating its local receive
   facility must provide 60 days notice to all local television stations
   carried in the affected television market.

   (g) Good quality signal. (1) A television station asserting its right to
   carriage shall be required to bear the costs associated with delivering a
   good quality signal to the designated local receive facility of the
   satellite carrier or to another facility that is acceptable to at least
   one-half the stations asserting the right to carriage in the local market.

   (2) To be considered a good quality signal for satellite carriage purposes,
   a television station shall deliver to the local receive facility of a
   satellite carrier either a signal level of -45dBm for UHF signals or -49dBm
   for VHF signals at the input terminals of the signal processing equipment.

   (3) A satellite carrier is not required to carry a television station that
   does not agree to be responsible for the costs of delivering a good quality
   signal to the receive facility.

   (h) Duplicating signals. (1) A satellite carrier shall not be required to
   carry upon request the signal of any local television broadcast station that
   substantially duplicates the signal of another local television broadcast
   station which is secondarily transmitted by the satellite carrier within the
   same local market, or the signals of more than one local commercial
   television broadcast station in a single local market that is affiliated
   with a particular television network unless such stations are licensed to
   communities in different States.

   (2) A satellite carrier may select which duplicating signal in a market it
   shall carry.

   (3) A satellite carrier may select which network affiliate in a market it
   shall carry.

   (4) A satellite carrier is permitted to drop a local television station
   whenever that station meets the substantial duplication criteria set forth
   in this paragraph. A satellite carrier must add a television station to its
   channel line-up if such station no longer duplicates the programming of
   another local television station.

   (5) A satellite carrier shall provide notice to its subscribers, and to the
   affected television station, whenever it adds or deletes a station's signal
   in a particular local market pursuant to this paragraph.

   (6) A commercial television station substantially duplicates the programming
   of another commercial television station if it simultaneously broadcasts the
   identical programming of another station for more than 50 percent of the
   broadcast week.

   (7) A noncommercial television station substantially duplicates the
   programming of another noncommercial station if it simultaneously broadcasts
   the same programming as another noncommercial station for more than 50
   percent of prime time, as defined by  Sec. 76.5(n), and more than 50 percent
   outside of prime time over a three month period, Provided, however, that
   after three noncommercial television stations are carried, the test of
   duplication shall be whether more than 50 percent of prime time programming
   and more than 50 percent outside of prime time programming is duplicative on
   a non-simultaneous basis.

   (i) Channel positioning. (1) No satellite carrier shall be required to
   provide the signal of a local television broadcast station to subscribers in
   that station's local market on any particular channel number or to provide
   the signals in any particular order, except that the satellite carrier shall
   retransmit the signal of the local television broadcast stations to
   subscribers in the stations' local market on contiguous channels.

   (2) The television stations subject to this paragraph include those carried
   under retransmission consent.

   (3) All local television stations carried under mandatory carriage in a
   particular television market must be offered to subscribers at rates
   comparable to local television stations carried under retransmission consent
   in that same market.

   (4) Within a market, no satellite carrier shall provide local-into-local
   service in a manner that requires subscribers to obtain additional equipment
   at their own expense or for an additional carrier charge in order to obtain
   one or more local television broadcast signals if such equipment is not
   required for the receipt of other local television broadcast signals.

   (5) All television stations carried under mandatory carriage, in a
   particular market, shall be presented to subscribers in the same manner as
   television stations that elected retransmission consent, in that same
   market, on any navigational device, on-screen program guide, or menu
   provided by the satellite carrier.

   (j) Manner of carriage. (1) Each television station carried by a satellite
   carrier, pursuant to this section, shall include in its entirety the primary
   video, accompanying audio, and closed captioning data contained in line 21
   of the vertical blanking interval and, to the extent technically feasible,
   program-related material carried in the vertical blanking interval or on
   subcarriers. For noncommercial educational television stations, a satellite
   carrier must also carry any program-related material that may be necessary
   for receipt of programming by persons with disabilities or for educational
   or language purposes. Secondary audio programming must also be carried.
   Where appropriate and feasible, satellite carriers may delete signal
   enhancements, such as ghost-canceling, from the broadcast signal and employ
   such enhancements at the local receive facility.

   (2) A satellite carrier, at its discretion, may carry any ancillary service
   transmission on the vertical blanking interval or the aural baseband of any
   television broadcast signal, including, but not limited to, multichannel
   television sound and teletext.

   (k) Material degradation. Each local television station whose signal is
   carried under mandatory carriage shall, to the extent technically feasible
   and consistent with good engineering practice, be provided with the same
   quality of signal processing provided to television stations electing
   retransmission consent. A satellite carrier is permitted to use reasonable
   digital compression techniques in the carriage of local television stations.

   (l) Compensation for carriage. (1) A satellite carrier shall not accept or
   request monetary payment or other valuable consideration in exchange either
   for carriage of local television broadcast stations in fulfillment of the
   mandatory carriage requirements of this section or for channel positioning
   rights provided to such stations under this section, except that any such
   station may be required to bear the costs associated with delivering a good
   quality signal to the receive facility of the satellite carrier.

   (2) A satellite carrier may accept payments from a station pursuant to a
   retransmission consent agreement.

   (m) Remedies. (1) Whenever a local television broadcast station believes
   that a satellite carrier has failed to meet its obligations under this
   section, such station shall notify the carrier, in writing, of the alleged
   failure and identify its reasons for believing that the satellite carrier
   failed to comply with such obligations.

   (2) The satellite carrier shall, within 30 days after such written
   notification, respond in writing to such notification and comply with such
   obligations or state its reasons for believing that it is in compliance with
   such obligations.

   (3) A local television broadcast station that disputes a response by a
   satellite carrier that it is in compliance with such obligations may obtain
   review of such denial or response by filing a complaint with the Commission,
   in accordance with  Sec. 76.7 of title 47, Code of Federal Regulations. Such
   complaint shall allege the manner in which such satellite carrier has failed
   to meet its obligations and the basis for such allegations.

   (4) The satellite carrier against which a complaint is filed is permitted to
   present data and arguments to establish that there has been no failure to
   meet its obligations under this section.

   (5) The Commission shall determine whether the satellite carrier has met its
   obligations under this section. If the Commission determines that the
   satellite carrier has failed to meet such obligations, the Commission shall
   order the satellite carrier to take appropriate remedial action. If the
   Commission determines that the satellite carrier has fully met the
   requirements of this section, it shall dismiss the complaint.

   (6) The Commission will not accept any complaint filed later than 60 days
   after a satellite carrier, either implicitly or explicitly, denies a
   television station's carriage request.

   [ 66 FR 7430 , Jan. 23, 2001, as amended at  66 FR 49135 , Sept. 26, 2001;  70 FR 21670 , Apr. 27, 2005;  70 FR 51668 , Aug. 31, 2005;  70 FR 53079 , Sept. 7,
   2005]