EXHIBIT 10.8b
Capital Cities/ABC, Inc. 00 Xxxx 00 Xxxxxx Xxx Xxxx XX 00000 (212) 456-7777
February 8, 1990
PRIMARY TELEVISION AFFILIATION AGREEMENT
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Combined Communications Corporation of Oklahoma Inc.
Oklahoma City, Oklahoma
TELEVISION STATION: KOCO
Gentlemen:
In order that your station may continue to serve the public interest,
convenience and necessity, this Company and your Television Station KOCO hereby
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mutually agree upon the following plan of network cooperation, which shall
replace the affiliation agreement between you and us dated October 21, 1980, as
amended.
I. NETWORK AFFILIATION AND PROGRAM SERVICE
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A. FIRST CALL. We will offer you, for television broadcasting by your
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station, the first call on all our network television programs which are to be
broadcast on a television network basis in the community to which your station
is licensed by the Federal Communications Commission, except as hereinafter
provided in Paragraph V.3. Notwithstanding the foregoing, ABC shall have the
right to authorize any television broadcasting station regardless of the
community to which it is licensed by the FCC, to broadcast any network
presentation of a subject we deem to be of immediate national significance
including, but not limited to, a Presidential address.
B. PROGRAM SERVICE. The program service we are offering will be as
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follows:
1. Network Sponsored Programs. "Network sponsored programs", as used
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in this agreement, shall mean those television network programs which
contain one or more commercial announcements paid for by or on behalf of
one or more ABC Network advertisers.
You agree to broadcast network sponsored programs in their entirety, including
but not limited to the network commercial announcements ordered for your
station, network identifications,
program promotional material or credit announcements contained in such programs
which you accept, without interruption or deletion or addition of any kind.
Notwithstanding the foregoing, you may substitute other ABC-TV promotional
announcements in lieu of program promotional material which is inaccurate as it
pertains to your station. It is also understood that no commercial
announcement, promotional announcement or public service, announcement will be
broadcast by you during any interval within a network program designated by ABC
as being for the sole purpose of making a station identification announcement.
2. Network Sustaining, Cooperative and Spot Carrier Programs.
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(a) We will from time to time offer you live or recorded network
programs identified as sustaining programs, cooperative programs or
spot carrier programs. Except as set forth below in subparagraphs (b)
and (c), you agree to broadcast such programs which you accept in
their entirety without interruption or deletion or addition of any
kind.
(b) The network sustaining programs which we may offer to you may
not, without our prior written consent, be sold by your station for
commercial sponsorship or interrupted for commercial announcements or
used for any purpose other than sustaining broadcasting.
(c) You may carry the cooperative or spot carrier programs on the
same basis as regular sustaining programs or you may offer them for
commercial sponsorship on terms and conditions specified by us at the
time such programs are offered to you.
C. PROGRAM ACCEPTANCE. You agree that you will advise us within 15 days
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of the date of our offer of your acceptance (if requested to do so by the terms
of our offer) or rejection of any offer by us relating to a regularly scheduled
network program. With respect to any network program not regularly scheduled,
you will advise us of your acceptance or rejection of our offer within 72 hours
(exclusive of Saturdays, Sundays and holidays) after such offer has been
received at your station. However, if the first broadcast referred to in our
offer is scheduled to occur within less than 15 days after the date of our offer
with respect to regularly scheduled network programs or less than 72 hours after
our offer has been received at your station with respect to network programs not
regularly scheduled, you shall notify us of your acceptance or rejection of such
offer as promptly as possible, but in no event after the first broadcast time
specified in such offer. Acceptance by you of our offer of a network program(s)
shall constitute your agreement to broadcast such network program(s) in
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accordance with the terms of this agreement and of our offer to you.
D. PROGRAM DELIVERY. By means satisfactory to us, we will arrange, at
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our own expense, for programs to be delivered to your station.
II. NETWORK STATION COMPENSATION
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1. We agree to pay you, and you agree to accept, compensation in
accordance with the provisions set forth in Schedule A attached hereto and
hereby made a part hereof. The network station rate for your station shall
be $1,600.00 and shall be used by us in determining your station
compensation in accordance with the formula set forth in Schedule A.
2. If you should be unable, for any reason to broadcast any network
sponsored program(s), or any portion thereof, your compensation hereunder
from us for that period shall be reduced accordingly.
3. We reserve the right to reevaluate and change at any time (a) the
network station rate set forth in Subparagraph 1 above, (b) the
percentage(s) set forth in the Table in Schedule A, or (c) your network
weekly deduction, by notice to you in writing to such effect. Any increase
in your station rate or in the percentage(s) in Schedule A, or any decrease
in your network weekly deduction, will become effective on the date
specified in our notice to you. Should we (a) decrease the network station
rate below that set forth in Subparagraph 1 above, (b) decrease the
percentage(s) in Schedule A, or (c) increase your network weekly deduction,
we will notify you in writing at least ninety (90) days prior to the
effective date of such change, and you may, if you so elect, terminate this
affiliation agreement as of the effective date by giving us prior written
notification within forty-five (45) days after the date of our notice to
you. However, if such reduction in compensation is part of a general rate
revision on the ABC Network, we will notify you in writing at least thirty
(30) days prior to the effective date of such change, and you may, if you
so elect, terminate this affiliation agreement as of the effective date by
giving us prior written notification within fifteen (15) days after the
date of our notice to you of such change. You agree that a general rate
revision on the ABC Television Network may be expressed by us as a
modification of your network rate, and/or as a modification of the
percentage(s) set forth in Schedule A and/or as a modification of your
network weekly deduction.
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III. NETWORK NON-DUPLICATION PROTECTION
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As of January 1, 1990 (or such other effective date established by the
Federal Communications Commission for operation of the revised network non-
duplication rules), you shall be entitled to network non-duplication protection
provided as and to the extent set forth in Rider One to this agreement, which is
attached hereto and made a part hereof.
IV. CUT-IN ANNOUNCEMENTS AND LOCAL TAG SERVICES
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A. CUT-IN ANNOUNCEMENTS. "Cut-In Announcements", as used herein, shall
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mean the substitution of a special commercial in place of a regularly scheduled
network commercial.
1. Upon at least twenty-four (24) hours' notice, you shall, at our
request, furnish such personnel and equipment as may be necessary to (a)
broadcast cut-in announcements from your station alone, or (b) originate
from your station cut-in announcement(s) to one or more other stations,
without regard to whether or not your station is requested to broadcast
said cut-in announcement(s). Notwithstanding anything contained in this
agreement, you may refuse to broadcast any such cut-in announcement in the
community to which your station is licensed by the FCC if, in your opinion,
it is not in the public interest, convenience or necessity, but you shall
nevertheless furnish such personnel and equipment as may be necessary to
originate such cut-in announcement(s) from your station to one-or more
other stations.
2. Cut-in announcements shall be broadcast only when authorized by us
and then only in accordance with the instructions furnished to you. You
will be supplied, as promptly as possible, with the material and
instructions for these announcements.
3. We may cancel any order for cut-in announcements without liability
on our part, provided we do so upon not less than twenty-four (24) hours'
notice to you, failing which, we will pay you the compensation you would
have received if the announcement(s) had continued as scheduled for twenty-
four (24) hours following receipt by you of such notice of cancellation.
4. For each program during which such cut-in announcements are
included, we shall pay you in accordance with the applicable table set
forth in Schedule B hereto and hereby made a part hereof.
B. LOCAL TAG SERVICES. "Local Tag Announcements", as used herein, shall
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mean a visual commercial announcement, made by you on
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behalf of a local dealer of a network advertiser, not exceeding ten seconds of a
one-minute network commercial announcement or five seconds of a thirty-second
network commercial announcement projected by means of a slide and not utilizing
more than two (2) slides.
1. Upon at least twenty-four (24) hours' notice, you shall, at our
request, furnish such personnel and equipment as may be necessary to
broadcast "local tag announcements".
2. Local tag announcements shall be broadcast in accordance with our
instructions. The network advertiser shall supply to you or purchase from
you, as promptly as possible, the slide(s) for each local tag announcement.
Local tag announcements shall not be accompanied by oral announcements
unless the network advertiser shall make direct requests of you therefor
and shall have assumed sole responsibility for payment of such oral
announcements.
3. We may cancel any order for local tag announcements without
liability on our part provided we do so upon not less than twenty-four (24)
hours' notice to you, failing which we will pay you the compensation you
would have received if the local tag announcements had continued as
scheduled for twenty-four (24) hours following receipt by you of such
notice of cancellation.
4. For each local tag announcement which you broadcast, we shall
compensate you in accordance with the applicable table set forth in
Schedule B hereto and hereby made a part hereof.
V. GENERAL
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1. We may at any time, upon notice to you, substitute for any
scheduled network program another,network program, except that if such
other network program in our judgment involves a special event of public
interest or importance, no such notice is required. No compensation will
be paid to you for the scheduled program or for the substitute program
unless such substitute program is a "network sponsored program" in which
event you shall be compensated in accordance with the terms or formula,
whichever is applicable, set forth in Schedule A hereof.
2. Nothing contained in this agreement shall be construed to prevent
or hinder us, at any time upon notice to you as soon as practicable, from
cancelling one or more network programs, whether sponsored or sustaining,
in which event you shall receive no compensation for any such canceled
network sponsored program(s).
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3. With respect to network programs offered or already contracted for
pursuant to this affiliation agreement, nothing herein contained shall be
construed to prevent or hinder you from:
(a) rejecting or refusing network programs which you reasonably
believe to be unsatisfactory, unsuitable or contrary to the public
interest; or
(b) substituting a program, which in your good faith opinion, is
of greater local or national importance.
We shall not compensate you for any such program you have refused or rejected or
for which you have substituted a program which is of greater local or national
importance. With respect to programs already contracted for hereunder, you
shall give us prompt telegraphic notification of any such refusal, rejection or
substitution no later than fourteen (14) days prior to the air date of such
programming, except where the nature of the substitute program makes such notice
impracticable (e.g., coverage of breaking news or other unscheduled events), in
which case you agree to give us as much advance notice as possible under the
circumstances. Such notice shall include a statement of the reason(s) you
believe that a rejected or refused network program is unsatisfactory, unsuitable
or contrary to the public interest, and/or that a substituted program is of
greater local or national importance.
In addition to all other remedies, we shall have the right, upon thirty
(30) days' notice, to terminate your "First Call" rights on any program series
already contracted for hereunder and withdraw all future episodes of that series
if one or more individual program episode(s) is pre-empted by you in violation
of this Paragraph.
We shall also have the right, upon thirty (30) days' notice, to terminate
your "First Call" rights concerning any program series already contracted for
hereunder and to withdraw all future episodes of that series if three or more
individual program episodes are pre-empted by you in any thirteen-week period,
whether or not such pre-emptions are for the reasons set forth in (a) and (b)
above. Such thirteen-week periods shall be measured consecutively from the
first broadcast date of the program series in question.
We reserve the right not to offer you the "First Call" for the next
broadcast season on any program series as to which we have terminated your
"First Call" rights and withdrawn future episodes of that series pursuant to
this Paragraph and which has been placed by ABC on another station serving your
market.
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4. You will submit to us in writing, upon forms provided by us for
that purpose, such reports covering network programs broadcast by your
station as ABC may request from time to time.
5. Subject to Subparagraph 2 of Section II of this agreement, neither
you nor we shall incur any liability hereunder because of our failure to
deliver, or your failure to broadcast, any or all network programs due to:
(a) failure of facilities
(b) labor disputes, or
(c) causes beyond the control of the party so failing to
broadcast.
6. In the event that the transmitter location, power, frequency or
hours of operation of your station are changed at any time so that your
station is of less value to us as a network outlet than it is as of the
effective date of this agreement, we will have the right to terminate this
agreement upon thirty (30) days' advance written notice.
7. You agree not to assign or to transfer any of the rights or
privileges granted to you under this agreement without our prior consent in
writing. You also agree that if any application is made to the Federal
Communications Commission pertaining to an assignment or a transfer of
control of your license, or any interest therein, you shall notify us in
writing immediately of the filing of such application. Except as to
assignments or transfers of control comprehended by Section 73.3540(f) of
the Rules and Regulations of the Federal Communications Commission, we
shall have the right to terminate this agreement effective as of the
effective date of any assignment or transfer of control (voluntary or
involuntary) of your license or any interest therein, provided ABC shall
have given you notice in writing of such termination within thirty (30)
days after we have been advised that such application for assignment or
transfer has been filed with the Federal Communications Commission.
If we do not so terminate this agreement, you agree, prior to the effective date
of any such assignment or transfer of control of your station to procure and
deliver to us, in form satisfactory to us, the agreement of the proposed
assignee or transferee that, upon consummation of the assignment or transfer of
control of your station's authorization, the assignee or transferee will assume
and perform this agreement in its entirety without limitation of any kind. If
you fail to notify us of the proposed assignment or transfer of control of your
station's authorization, or fail to procure the agreement of the proposed
assignee or transferee in accordance with the preceding sentence, we shall have
the right to terminate this agreement upon thirty (30) days' advance written
7
notice to you and the transferee or assignee, after the effective date of such
assignment or transfer or the date on which we learn of such assignment or
transfer, whichever is later.
8. You agree not to authorize, cause, permit or enable anything to be
done whereby any program which we supply to you herein may be used for any
purpose other than broadcasting by your station in the community to which
it is licensed, which broadcast is intended for reception by the general
public in places to which no admission is charged. You agree when you are
authorized to tape a program for subsequent broadcast that the recording
will be broadcast not more than once in its entirety and will be erased
within six (6) hours of use.
9. Except with our prior written consent and except upon such terms
and conditions as we may impose, you agree not to authorize, cause, permit
or enable anything to be done whereby a recording on film, tape or
otherwise is made or a recording is broadcase, of a program which has been,
or is being, broadcase on our network, or a rebroadcase is made of the
broadcast transmission of your station during any hours when your station
is broadcasting a program provided by ABC.
10. With respect to any and all promotional material issued by you or
under your direction or control, you agree to abide by any and all
restrictions of which we advise you pertaining to the promotion of a
network program(s) scheduled to be broadcast by you in your community,
including, but without limitation, on-the-air promotion, billboards, and
newspaper or other printed advertisements, announcements or promotions.
11. You agree to maintain for your television station such licenses,
including performing rights licenses as now are or hereafter may be in
general use by television broadcasting stations and necessary for you to
broadcast the television programs which we furnish to you hereunder. We
will clear all music in the repertory of ASCAP and of BMI used in our
network programs, thereby licensing the broadcasting of such music in such
programs over your station. You will be responsible for all music license
requirements for any commercial or other material inserted by you within or
adjacent to our network programs in accordance with this agreement.
12. The furnishing of film or tape recorded programs hereunder is
contingent upon our ability to make arrangements satisfactory to us for the
film or tape recordings necessary to deliver the programs to you. Such
film or tape recorded programs shall be used only for a single television
broadcast over your station. Positive prints of film or tape recorded
programs are to he shipped by us, shipping charges prepaid, and you agree
to return to us or to forward to such television
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station as we designate, shipping charges prepaid, each print or copy of
said film or tape recording received by you hereunder, together with the
original reels and containers furnished therewith. You will return or
forward all prints in the same condition as received by you, ordinary wear
and tear excepted, immediately after a single TV broadcast over your
station. In the event you damage a print of any film or tape recorded
program which is delivered to you, or fail to return or forward the
original reels and containers furnished therewith, as aforesaid, you agree
to pay the cost of replacing the complete print, original reels and/or
containers as and when billed by us.
13. No inducements, representations or warranties except as
specifically set forth herein have been made by any of the parties to this
agreement. This agreement constitutes the entire contract between the
parties hereto and no provision thereof shall be changed or modified, nor
shall this agreement be discharged in whole or in part, except by an
agreement in writing, signed by the party against whom the change,
modification or discharge is claimed or sought to be enforced; nor shall
any waiver of any of the conditions or provisions of this agreement be
effective and binding unless such waiver shall be in writing and signed by
the party against whom the waiver is asserted, and no waiver of any
provision of this agreement shall be deemed to be a waiver of any preceding
or succeeding breach of the same or of any other provision.
14. This agreement shall be governed by and construed in accordance
with the laws of the State of New York.
15. Upon termination of this agreement, the consent theretofore
granted to broadcast our Network programs shall be deemed immediately
withdrawn and you shall have no further rights of any nature whatsoever in
such programs.
16. We agree to indemnify, defend and hold you harmless against and
from all claims, damages, liabilities, costs and expenses arising out of
the use or exercise by you, in accordance with this agreement, of any
rights or material furnished by us hereunder, provided that you promptly
notify us of any claim or litigation to which this indemnity shall apply,
and that you cooperate fully with us in the defense at our request. You
similarly agree to indemnify, defend and hold us harmless with respect to
material furnished by you.
VI. TERM
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This agreement shall become effective at 3:00 AM, NYT, on the 1st day of
October, 1990, and it shall continue until 3:00 AM, NYT, on the 1st day of
October 1992. It shall then be renewed on the
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same terms and conditions for a further period of two years, and so on for
successive further periods of two years each, unless and until either party
hereto shall, at least six (6) months prior to the expiration of the then
current term, give the other party written notice that it does not desire the
contract renewed for a further period. It is understood and agreed, however,
that this agreement may be terminated at any time, both during the initial term
and any subsequent renewal term, by either party upon giving the other party six
(6) months, advance written notice.
If, after examination, you find that the arrangement herein proposed is
satisfactory to you, please indicate your acceptance on the copy of this letter
enclosed for that purpose and return that copy to us.
Very sincerely yours,
AMERICAN BROADCASTING COMPANIES, INC.
By: s/
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Executive Vice President, In Charge
Of Affiliate Relations
Accepted this 18 day of
September, 1990
Television Station KOCO
By: s/
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RIDER ONE
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As of January 1, 1990 (or such other effective date established by the
Federal Communications Commission for operation of the revised network non-
duplication rules), you shall be entitled to network non-duplication protection
(gainst simultaneous or non-simultaneous presentation of ABC Television Network
programs via cable pursuant to the compulsory license) as follows:
a. The geographic zone of network non-duplication protection shall be the
Area of Dominant Influence ("ADI") (as defined by Arbitron) in which your
station is located, or any lesser zone pursuant to any geographic
restrictions contained in the Federal Communications Commission rules and
regulations, now or as subsequently modified.
b. Network non-duplication protection shall extend to all ABC Television
Network programs that you broadcast in accordance with this agreement.
Protection shall not extend to individually pre-empted programs of an
otherwise cleared series.
c. Network non-duplication protection shall begin 48 hours prior to the
live time period designated by us for broadcast of that network program by
your station, and shall end at 12:00 Midnight on the seventh day following
that designated time period.
You are under no obligation to exercise in whole or in part the network non-
duplication rights granted under this agreement.
AMERICAN BROADCASTING COMPANIES, INC.
By: s/
-----------------------------------
Executive Vice President, In Charge
Of Affiliate Relations
Accepted this 18 day of
September, 1990
Television Station KOCO
By: s/
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SCHEDULE A
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STATION COMPENSATION
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(a) We will pay you within a reasonable period of time after the close of each
four or five week accounting period, as the case may be, for broadcasting
each network sponsored program or portion thereof hereunder, except those
specified in paragraph (b) hereof, which is broadcast over your station
during the live time period/*/ therefor, the amount resulting from
multiplying the following:
(i) Your network station rate, set forth in Section II of the agreement;
by
(ii) the percentage set forth in the table below opposite such applicable
time period; by
(iii) the fraction of an hour substantially occupied by such program or
portion thereof; by
(iv) the fraction of the aggregate length of all Commercial
availabilitie/**/ during such program or portion thereof occupied by
network Commercial announcements./***/
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/*/ Live time period, as used herein, means the time period or periods as
specified by us in our initial offer of a network program for the
broadcast of such program over your station.
/**/ Commercial availability, as used herein, means a period of time made
available by us during a, network sponsored program for one or more
network commercial announcements or local cooperative commercial
announcements.
/***/ Network commercial announcement, as used herein, means a commercial
announcement broadcast over your station during a commercial availability
and paid for by or on behalf of one or more of our network advertisers,
not including, however, announcements consisting of billboards, credits,
public service announcements, promotional announcements, and
announcements required by law.
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TABLE
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CENTRAL
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Monday through Friday
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Sign-on to 10:00 AM -- 7%
10:00 am to 5:00 PM -- 10.9%
5:00 PM to 6:00 PM -- 15%
6:00 PM to 11:00 PM -- 30%
11:00 PM to Sign-off -- 15%
Saturday Sunday
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Sign-on to 8:00 AM -- 5% Sign-on to 8:00 PM -- 5%
8:00 AM to 1:00 PM -- 8% 8:00 AM to 1:00 PM -- 6%
1:00 PM to 6:00 PM -- 15% 1:00 PM to 6:00 PM -- 15%
6:00 PM to 11:00 PM -- 30% 6:00 PM to 11:00 PM -- 30%
11:00 PM to Sign-off -- 15% 11:00 PM to Sign-off -- 15%
All times in this paragraph are expressed in terms of your station's then
current local time.
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For each network sponsored program or portion thereof, except those specified in
paragraph (b) hereof, which is broadcast by your station during a time period
other than the live time period therefor, we will pay you as if your station had
broadcast such program or portion thereof during such live time period, except
that:
(i) if the percentage set forth above opposite the time period during
which your station broadcast such program or portion thereof is less
than that set forth opposite such live time period, then we will pay
you on the basis of the time period during which your station
broadcast such program or portion thereof.
(b) Payment For Other Programs
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We will establish such compensation arrangements as we and you shall agree upon
prior to the expiration of the applicable periods of time for program
acceptantc, as set forth in Section I.C. of this affiliation agreement, for all
network sponsored programs broadcast by your station consisting of:
(i) Sports programs;
(ii) special events programs (including, but not limited to, special news
programs, awards programs entertainment specials and miniseries);
(iii) programs for which we specified a live time period, which time period
straddles any of the time period categories in the table in paragraph
(a) above; and
(iv) any other programs which we may designate from time to time.
(c) Deductions
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(i) From the amounts we are to pay you for station compensation hereunder,
we shall throughout the term of this affiliation agreement deduct
during each accounting period a sum equal to 168% of your station's
network rate for each week of said period.
(ii) We will deduct a sum equal to the total of whatever fees, if any, may
have mutually been agreed upon by you and us with respect to local
cooperative commercial announcements broadcast during the applicable
accounting period for which your station is being compensated.
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SCHEDULE B
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COMPENSATION FOR CUT-IN AND LOCAL TAG ANNOUNCEMENT(S)
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A. CUT-IN ANNOUNCEMENTS
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I. With respect to programs broadcast by you during the time Periods
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specified by us in our initial offer for such programs.
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For each local cut-in announcement you broadcast within a program,
which program is broadcast during the time period(s) specified by us
in our initial offer for such program, we will pay you the amount
resulting from multiplying your network station rate (set forth in
Section II of the agreement) by the percentage for cutin
announcement(s) set forth in the applicable Table in Section C below
opposite such applicable time period.
II. With respect to programs broadcast by you during time Periods other
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than that specified by us in our initial offer of such programs.
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For each local cut-in announcement you broadcast within a program,
which program is broadcast by you during a time period other than that
specified by us in our initial offer of such program, we will pay you
an amount as set forth in Section A.I. above, except that:
(i) if the percentage set forth in the applicable Table in Section C
below for cut-in announcement(s) opposite the time period during
which your station actually broadcast the program in which you
broadcast or originated such cut-in announcement(s) is less than
that set forth opposite the applicable time period specified in
our initial offer of such program, then we will pay you for each
cut-in announcement(s) on the basis of the time period during
which your station actually broadcast such program.
III. With respect to Programs broadcast by you in a time period which
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straddles any of the time period categories set forth in the
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applicable Table in Section C below.
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In the event that we offer you a program for broadcast in a time
period which straddles any of the time period categories set forth in
the applicable Table in Section C below, and you broadcast such
program within which you
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also broadcast or originate one or more cut-in announcements), we will
pay you such amounts as we and you shall have agreed upon prior to
your broadcast or origination of such cut-in announcements).
B. LOCAL TAG ANNOUNCEMENTS
-- -----------------------
I. With respect to programs broadcast by you during the time period(s)
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specified by us in our initial offer for such programs.
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For each local tag announcement you broadcast within a program, which
program is broadcast during the time period(s) specified by us in our
initial offer for such program, we will pay you the amount resulting
from multiplying your network station rate (set forth in Section II of
the agreement) by the percentage for each local tag announcement set
forth in the applicable Table in Section C below opposite such
applicable time period.
II. With respect to programs broadcast by you during time Periods other
-------------------------------------------------------------------
than that specified by us in our initial offer of such programs.
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For each local tag announcement you broadcast within a program, which
program is broadcast by you during a time period other than that
specified by us in our initial offer of such program, we will pay you
an amount as set forth in Section B.I. above, except that:
(i) if the percentage set forth in the applicable Table in Section C
below for each local tag announcement opposite the time period
during which your station actually broadcast the program in which
you broadcast such local tag announcement is less than that set
forth opposite the applicable time period specified in our
initial offer of such program, then we will pay you for each
local tag announcement on the basis of the time period during
which your station actually broadcast such program.
III. With respect to programs broadcast by you in a time period which
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straddles any of the time period categories set forth in the
------------------------------------------------------------
applicable Table in Section C below.
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In the event that we offer you a program for broadcast in a time
period which straddles any of the time period categories set forth in
the applicable Table in Section C below, and you broadcast such
program within which you also broadcast one or more local tag
announcement(s), we will pay you such amounts as we and you shall have
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agreed upon prior to your broadcast of such local tag announcement(s).
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C. COMPENSATION TABLE FOR CUT-IN OR LOCAL TAG ANNOUNCEMENTS
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CENTRAL
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Cut-In Announcements
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Monday through Sunday -- 6:00 PM to 11:00 PM - 18.75%
All other times - 7.50%
Local Tag Announcements
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Monday through Sunday -- 6:00 PM to 11:00 PM - 9.38%
All other times - 3.75%
All times in this paragraph are expressed in terms of your station's then
current local time.
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TABLE
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CENTRAL
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Monday through Friday
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Sign-on to 10:00 AM -- 7%
10:00 am to 12:00 N -- 18.25%
12:00 N to 3:00 PM - 6%
3:00 PM to 7:00 PM -- 10%
7:00 PM to 11:00 PM -- 28%
11:00 PM to Sign-off -- 15%
Saturday Sunday
-------- ------
Sign-on to 8:00 AM -- 5% Sign-on to 8:00 AM -- 5%
8:00 AM to 1:00 PM -- 8% 8:00 AM to 1:00 PM -- 6%
1:00 PM to 5:00 PM -- 15% 1:00 PM to 5:00 PM -- 15%
5:00 PM to 7:00 PM -- 10% 5:00 PM to 6:00 PM -- 10%
7:00 PM to 11:00 PM -- 28% 6:00 PM to 11:00 PM -- 28%
11:00 PM to Sign-off -- 15% 11:00 PM to Sign-off -- 15%
All times in this paragraph are expressed in terms of your station's then
current local time.
