§  76.92   Cable 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 §  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) of this Chapter, 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 §  73.658(m) of this Chapter for each
   named community in that market.

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