§ 76.120   Network non-duplication protection and syndicated exclusivity rules
for satellite carriers: Definitions.

   For purposes of § § 76.122-76.130, the following definitions apply:

   (a) Satellite carrier. The term “satellite carrier” means 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 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.

   (b) Nationally distributed superstation. The term “nationally
   distributed superstation” means a television broadcast station,
   licensed by the Commission, that—

   (1) Is not owned or operated by or affiliated with a television network
   that, as of January 1, 1995, offered interconnected program service on
   a regular basis for 15 or more hours per week to at least 25 affiliated
   television licensees in 10 or more States;

   (2) On May 1, 1991, was retransmitted by a satellite carrier and was
   not a network station at that time; and

   (3) Was, as of July 1, 1998, retransmitted by a satellite carrier under
   the statutory license of Section 119 of title 17, United States Code.

   (c) Television network. The term “television network” means a
   television network in the United States 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.

   (d) Network station. The term “network station” means—

   (1) A television broadcast station, including any translator station or
   terrestrial satellite station that rebroadcasts all or substantially
   all of the programming broadcast by a network station, that is owned or
   operated by, or affiliated with, one or more of the television networks
   in the United States which offer an interconnected program service on a
   regular basis for 15 or more hours per week to at least 25 of its
   affiliated television licensees in 10 or more States; or

   (2) A noncommercial educational broadcast station (as defined in
   Section 397 of the Communications Act of 1934); except that the term
   does not include the signal of the Alaska Rural Communications Service,
   or any successor entity to that service.

   (e) Zone of protection. The term “zone of protection” means—

   (1) With respect to network non-duplication, the zone of protection
   within which the television station is entitled to enforce network
   non-duplication protection 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.

   (2) With respect to each syndicated program, the zone of protection
   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) of this Chapter. 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.

   [ 65 FR 68101 , Nov. 14, 2000, as amended at  79 FR 63562 , Oct. 24, 2014]

   return arrow Back to Top