Sec.  1.6005   Exclusive defenses.

   (a) The defenses listed in paragraphs (a)(1) through (a)(4) of this section,
   are the only defenses available to a satellite carrier against which a
   complaint under this section is filed.

   (1) The satellite carrier did not retransmit the television broadcast
   station's signal to any person in the “local market” of the television
   broadcast station, as that term is defined in 17 U.S.C. 122(j) (Designated
   Market Area as determined by Nielsen Media Research and county containing
   the station's community of license), during the time period specified in the
   complaint;

   (2) The television broadcast station had, in a writing signed by an officer
   of the television broadcast station, expressly authorized the retransmission
   of the station by the satellite carrier to each person in the “local
   market” of the television broadcast station, as that term is defined in 17
   U.S.C. 122(j), to which the satellite carrier made such retransmissions for
   the entire time period during which it is alleged that a violation of 47
   U.S.C. 325 (b)(1) has occurred;

   (3) The retransmission was made after January 1, 2002, and the television
   broadcast station had elected to assert the right to carriage under 47
   U.S.C. 338 as against the satellite carrier for the relevant period; or

   (4) The television broadcast station whose signal is being retransmitted is
   a noncommercial television broadcast station.

   (b) [Reserved]