47 CFR 76.1506 - Carriage of television broadcast signals.

Status message

There is 1 rule appearing in the Federal Register for 47 CFR 76. View below or at eCFR (GPOAccess)
§ 76.1506 Carriage of television broadcast signals.
(a) The provisions of Subpart D shall apply to open video systems in accordance with the provisions contained in this subpart.
(b) For the purposes of this Subpart S, television stations are significantly viewed when they are viewed in households that do not receive television signals from multichannel video programming distributors as follows:
(1) For a full or partial network station—a share of viewing hours of at least 3 percent (total week hours), and a net weekly circulation of at least 25 percent; and
(2) For an independent station—a share of viewing hours of at least 2 percent (total week hours), and a net weekly circulation of at least 5 percent. See § 76.1506(c).
Note to paragraph (b):
As used in this paragraph, “share of viewing hours” means the total hours that households that do not receive television signals from multichannel video programming distributors viewed the subject station during the week, expressed as a percentage of the total hours these households viewed all stations during the period, and “net weekly circulation” means the number of households that do not receive television signals from multichannel video programming distributors that viewed the station for 5 minutes or more during the entire week, expressed as a percentage of the total households that do not receive television signals from multichannel video programming distributors in the survey area.
(c) Significantly viewed signals; method to be followed for special showings. Any provision of § 76.54 that refers to a “cable television community” or “cable community or communities” shall apply to an open video system community or communities. Any provision of § 76.54 that refers to “non-cable television homes” shall apply to households that do not receive television signals from multichannel video programming distributors. Any provision of § 76.54 that refers to a “cable television system” shall apply to an open video system.
(d) Definitions applicable to the must-carry rules. Section 76.55 shall apply to all open video systems in accordance with the provisions contained in this section. Any provision of § 76.55 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.55 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.55 that refers to the “principal headend” of a cable system as defined in § 76.5(pp) shall apply to the equivalent of the principal headend of an open video system. Any provision of § 76.55 that refers to a “franchise area” shall apply to the service area of an open video system. The provisions of § 76.55 that permit cable operators to refuse carriage of signals considered distant signals for copyright purposes shall not apply to open video system operators. If an open video system operator cannot limit its distribution of must-carry signals to the local service area of broadcast stations as used in 17 U.S.C. 111(d), it will be liable for any increase in copyright fees assessed for distant signal carriage under 17 U.S.C. 111.
(e) Signal carriage obligations. Any provision of § 76.56 that refers to a “cable television system” or “cable system” shall apply to an open video system. Any provision of § 76.56 that refers to a “cable operator” shall apply to an open video system operator. Section 76.56(d)(2) shall apply to open video systems as follows: An open video system operator shall make available to every subscriber of the open video system all qualified local commercial television stations and all qualified non-commercial educational television stations carried in fulfillment of its carriage obligations under this section.
(f) Channel positioning. Open video system operators shall comply with the provisions of § 76.57 to the closest extent possible. Any provision of § 76.57 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.57 that refers to a “cable system” shall apply to an open video system, except the references to “cable system” in § 76.57(d) which shall apply to an open video system operator.
(g) Notification. Any provision of § 76.58 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.58 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.58 that refers to a “principal headend” shall apply to the equivalent of the principal headend for an open video system.
(h) Modification of television markets. Any provision of § 76.59 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.59 that refers to a “cable operator” shall apply to an open video system operator.
(i) Compensation for carriage. Any provision of § 76.60 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.60 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.60 that refers to a “principal headend” shall apply to the equivalent of the principal headend for an open video system.
(j) Disputes concerning carriage. Any provision of § 76.61 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.61 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.61 that refers to a “principal headend” shall apply to the equivalent of the principal headend for an open video system.
(k) Manner of carriage. Any provision of § 76.62 that refers to a “cable operator” shall apply to an open video system operator.
(l) Retransmission consent. Section 76.64 shall apply to open video systems in accordance with the provisions contained in this paragraph.
(1) Any provision of § 76.64 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.64 that refers to a “cable operator” shall apply to an open video system operator.
(2) Must-carry/retransmission consent election notifications shall be sent to the open video system operator. An open video system operator shall make all must-carry/retransmission consent election notifications received available to the appropriate programming providers on its system.
(3) Television broadcast stations are required to make the same election for open video systems and cable systems serving the same geographic area, unless the overlapping open video system is unable to deliver appropriate signals in conformance with the broadcast station's elections for all cable systems serving the same geographic area.
(4) An open video system commencing new operations shall notify all local commercial and noncommercial broadcast stations as required under paragraph (l) of this section on or before the date on which it files with the Commission its Notice of Intent to establish an open video system.
(m) Sports broadcast. Section 76.67 shall apply to open video systems in accordance with the provisions contained in this paragraph.
(1) Any provisions of § 76.67 that refers to a “community unit” shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas).
(2) Notification of programming to be deleted pursuant to this section shall be served on the open video system operator. The open video system operator shall make all notifications immediately available to the appropriate video programming providers on its open video system. Operators may effect the deletion of signals for which they have received deletion notices unless they receive notice within a reasonable time from the appropriate programming provider that the rights claimed are invalid. The open video system operator shall not delete signals for which it has received notice from the programming provider that the rights claimed are invalid. An open video system operator shall be subject to sanctions for any violation of this subpart. An open video system operator may require indemnification as a condition of carriage for any sanctions it may incur in reliance on a programmer's claim that certain exclusive or non-duplication rights are invalid.
(n) Exemption from input selector switch rules. Any provision of § 76.70 that refers to a “cable system” or “cable systems” shall apply to an open video system or open video systems.
(o) Special relief and must-carry complaint procedures. The procedures set forth in § 76.7 shall apply to special relief and must-carry complaints relating to open video systems, and not the procedures set forth in § 76.1514 (Dispute resolution). Any provision of § 76.7 that refers to a “cable television system operator” or “cable operator” shall apply to an open video system operator. Any provision of § 76.7 that refers to a “cable television system” shall apply to an open video system. Any provision of § 76.7 that refers to a “system community unit” shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas).
[61 FR 28708, June 5, 1996, as amended at 61 FR 43177, Aug. 21, 1996]
Effective Date Note:
At 61 FR 43177, Aug. 21, 1996, in § 76.1506, paragraphs (d), (l)(3), and (m)(2) were revised. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.

Title 47 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-05-19; vol. 79 # 96 - Monday, May 19, 2014
    1. 79 FR 28615 - Retransmission Consent Negotiations
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective June 18, 2014.
      47 CFR Part 76

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 47 - TELECOMMUNICATIONS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 152 - Application of chapter

§ 153 - Definitions

§ 154 - Federal Communications Commission

§ 301 - License for radio communication or transmission of energy

§ 302 - Repealed. June 5, 1936, ch. 511,

§ 302a - Devices which interfere with radio reception

§ 303 - Powers and duties of Commission

§ 303a - Standards for children’s television programming

§ 307 - Licenses

§ 308 - Requirements for license

§ 309 - Application for license

§ 312 - Administrative sanctions

§ 315 - Candidates for public office

§ 317 - Announcement of payment for broadcast

§ 325 - False, fraudulent, or unauthorized transmissions

§ 339 - Carriage of distant television stations by satellite carriers

§ 340 - Significantly viewed signals permitted to be carried

§ 341 - Carriage of television signals to certain subscribers

§ 503 - Forfeitures

§ 521 - Purposes

§ 522 - Definitions

§ 531 - Cable channels for public, educational, or governmental use

§ 532 - Cable channels for commercial use

§ 534 - Carriage of local commercial television signals

§ 535 - Carriage of noncommercial educational television

§ 536 - Regulation of carriage agreements

§ 537 - Sales of cable systems

§ 543 - Regulation of rates

§ 544 - Regulation of services, facilities, and equipment

§ 544a - Consumer electronics equipment compatibility

§ 545 - Modification of franchise obligations

§ 549 - Competitive availability of navigation devices

§ 552 - Consumer protection and customer service

§ 554 - Equal employment opportunity

§ 556 - Coordination of Federal, State, and local authority

§ 558 - Criminal and civil liability

§ 560 - Scrambling of cable channels for nonsubscribers

§ 561 - Scrambling of sexually explicit adult video service programming

§ 571 - Regulatory treatment of video programming services

§ 572 - Prohibition on buy outs

Title 47 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 76 after this date.

  • 2014-05-19; vol. 79 # 96 - Monday, May 19, 2014
    1. 79 FR 28615 - Retransmission Consent Negotiations
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective June 18, 2014.
      47 CFR Part 76