GENERAL INSTRUCTIONS, FORM SA1-2, PAGE (v)
not being broadcast by a station as part of a network tele-
vision broadcast at the time the cable system carried it.
2 The program is picked up from a distant station. A
“distant station” is a television station carried by a cable
system in whole or in part beyond that station’s local
service area. A television station’s local service area is the
area within which the station is entitled to insist upon its
signal being retransmitted by a cable system pursuant to
rules, regulations, and authorizations of the FCC in eect
on April 15, 1976. Eective on July 1, 1994, a station’s
local service area also includes the station’s television
market as defined in section 76.55(e) of title 47, Code of
Federal Regulations (as in eect on September 18, 1993),
or any modifications to such television market made on
or after September 18, 1993, pursuant to section 76.55(e)
or 76.59 of title 47 of the Code of Federal Regulations.
3 The program was carried by the cable system in sub-
stitution for another program under FCC rules, regula-
tions, or authorizations.
Where FCC rules and regulations in eect on the date
of carriage require the deletion of certain programming
of one station and permit substitution of programming
from another distant station. That is, if a cable system is
required to delete a station because of the FCC sports
exclusivity rules.
Where the FCC rules, regulations and authorizations in
eect on October 19, 1976, permit a cable system at its
option, to delete programming, and authorize the system
to substitute programming from another distant station.
That is, if the cable system elects to delete a distant sta-
tion while that station is broadcasting a program primarily
of local interest to the distant community, for copyright
purposes former FCC rules sections 76.61(b) (2) and 76.63
(incorporating 76.61(b) (2)) continue to authorize the station
to substitute the programming of any other distant station.
NOTES
1 The provisions of the Copyright Act dealing with volun-
tary deletion and substitution of programs are limited to
programs substituted under FCC rules, regulations, and
authorizations in eect on October 19, 1976.
2 Eective January 1, 1990, the FCC amended Parts 73
and 76 of its rules relating to program exclusivity in the
cable and broadcast industries.
SPACE K (Gross Receipts)
What Are Gross Receipts? The gross receipts you enter in
space K are the receipts for the basic service of providing
secondary transmissions of primary broadcast transmitters.
They include the full amount of monthly (or other periodic)
service fees for any and all services or tiers of services that
include one or more secondary transmissions of television
or radio broadcast signals, for additional set fees, and for
converter fees. All such gross receipts shall be aggregated
an operated by a municipality and which transmits only
noncommercial programs for education purposes.
SPACE H (Primary Transmitters: Radio)
All-Band Carriage. If your system carried FM radio stations
on an all-band basis, you are not required to list every sta-
tion that subscribers might possibly have received during
the accounting period. Instead, Copyright Oce regulations
require you to monitor your FM transmission service at your
system’s headend from time to time during the accounting
period and to report the generally receivable FM stations
identified as a result of your monitoring.
Stations Generally Receivable. There are two standards for
determining whether an FM station is generally receivable:
1 Is the station usually carried whenever it is received at
your system’s headend; and
2 Can the station be expected to be received at the headend,
with your system’s FM antenna, at least three consecutive
hours each day at the same time each day, five or more
days a week, for four or more weeks during any calendar
quarter, with a strength of not less than 50 microvolts
per meter measured at the foot of the tower or pole to
which the antenna is attached?
The monitoring arrangements you set up should be aimed
at determining what stations can reasonably be expected
to meet these standards.
Monitoring Activities. It is not necessary to monitor con-
tinuously throughout the accounting period, and you are not
required to make precise measurements to determine which
stations in fact meet the technical standards and which do
not. Your monitoring activities should take place periodi-
cally at your headend during the accounting period and you
should use a good FM receiver.
SPACE I (Substitute Carriage: Special Statement
and Program Log)
Substitute Programs Must Be Logged and Reported. The
Copyright Act requires all cable systems to submit, with their
statement of account, logs showing the times, dates, sta-
tions, and programs involved in any nonnetwork television
programming that was carried in whole or in part beyond
the local service area of the primary transmitter, under rules,
regulations, or authorizations of the FCC permitting the sub-
stitution or addition of signals under certain circumstances.
The applicable present and former rules and regulations are
identified in item 3, which follows.
What Programs Must Be Listed. You must list a program
in space I if all three of the following conditions apply:
1 The program is a nonnetwork television program. A
“nonnetwork television program” is a program that was