47 U.S.C. § 612: Syndicated exclusivity

Summary

The Federal Communications Commission (FCC) must study and make rules to see if satellites that send TV shows into people’s homes should follow the same "syndicated exclusivity" protections now used for cable. The FCC must adopt those rules if it finds them workable. If the FCC adopts such rules, a satellite carrier that willfully and repeatedly rebroadcasts a station’s program in violation of the rules can be punished under subchapter V and section 605.

Title 47, §612

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(a)The Federal Communications Commission shall initiate a combined inquiry and rulemaking proceeding for the purpose of—

(1)determining the feasibility of imposing syndicated exclusivity rules with respect to the delivery of syndicated programming (as defined by the Commission) for private home viewing of secondary transmissions by satellite of broadcast station signals similar to the rules issued by the Commission with respect to syndicated exclusivity and cable television; and

(2)adopting such rules if the Commission considers the imposition of such rules to be feasible.

(b)In the event that the Commission adopts such rules, any willful and repeated secondary transmission made by a satellite carrier to the public of a primary transmission embodying the performance or display of a work which violates such Commission rules shall be subject to the remedies, sanctions, and penalties provided by subchapter V and section 605 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–414 struck out “, within 120 days after January 1, 1989,” after “The Federal Communications Commission shall”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, see section 206 of Pub. L. 100–667, set out as a note under section 119 of Title 17, Copyrights.

§612 Syndicated Exclusivity