47 CFR 1.6005 - Exclusive defenses.

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§ 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]

Title 47 published on 2014-10-01

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.

  • 2015-02-11; vol. 80 # 28 - Wednesday, February 11, 2015
    1. 80 FR 7547 - Reporting Requirements for U.S. Providers of International Telecommunications Services
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule; announcement of effective date.
      47 CFR 1.767(l)(2), 43.61, 43.62, 43.82, 63.10(c)(2) and (4), 63.21(d) and 63.22(e), published at 78 FR 15615, March 12, 2013 are effective on February 11, 2015.
      47 CFR Parts 1, 43 and 63

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United States Code

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 1 after this date.

  • 2015-02-11; vol. 80 # 28 - Wednesday, February 11, 2015
    1. 80 FR 7547 - Reporting Requirements for U.S. Providers of International Telecommunications Services
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule; announcement of effective date.
      47 CFR 1.767(l)(2), 43.61, 43.62, 43.82, 63.10(c)(2) and (4), 63.21(d) and 63.22(e), published at 78 FR 15615, March 12, 2013 are effective on February 11, 2015.
      47 CFR Parts 1, 43 and 63