47 CFR 1.6005 - Exclusive defenses.

§ 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]
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Title 47 published on 2014-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR Part 1 after this date.

  • 2015-11-10; vol. 80 # 217 - Tuesday, November 10, 2015
    1. 80 FR 69630 - Petitions for Reconsideration of Action in Rulemaking Proceeding
      GPO FDSys XML | Text
      Petitions for reconsideration.
      Oppositions to the Petitions must be filed on or before November 25, 2015. Replies to an opposition must be filed on or before December 7, 2015.
      47 CFR Parts 1 and 27