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                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of:                   )
                                     )
Implementation of the Satellite Home        )
Viewer Improvement Act of 1999:     )
                                     )
Broadcast Signal Carriage Issues        )         CS Docket No. 00-96
                                     )
Retransmission Consent Issues       )        CS Docket No. 99-363
                        REPORT AND ORDER
      Adopted:  November 29, 2000       Released:  November 30, 2000
By the Commission:
                       TABLE OF CONTENTS
                                                  Paragraph
I.   INTRODUCTION                                      1
     II.  BACKGROUND                                        3
     III. EXECUTIVE SUMMARY                                 9
     IV.  SATELLITE BROADCAST SIGNAL CARRIAGE                    10
     A. Constitutional Matters                                   10
     B. Commencing Satellite Broadcast Signal Carriage                14
          1. Election Cycle                                 16
          2. Initiating Carriage                                 25
     C. Market Definitions                                       34
     D. Receive Facilities                                       43
          1. Local Receive Facilities                            45
          2. Alternative Receive Facilities                           49
          3. Notification                                        55
          4. Process                                        59
          5. Good Quality Signal Issues                          62
     E. Duplicating Signals                                      73
     F. Noncommercial Educational Television Station Carriage Issues       84
     G. Channel Positioning                                      91
     H. Content to be Carried                               102
     I. Material Degradation                                     110
     J. Digital Television                                       120
     K. Compensation for Carriage                                124
     L. Remedies                                            126
     M.Definitional Issues and Other Concerns                         134
V.  PROCEDURAL MATTERS                                      140
VI. ORDERING CLAUSES                                        142
Appendix A: Comments and Reply Comments
Appendix B: Rules
Appendix C: Final Regulatory Flexibility Act Analysis
Appendix D: Television Markets with Local-Into-Local Service from DirecTV
Appendix E: Television Markets with Local-Into-Local Service from Echostar
Appendix F: Section 338 of the Communications Act of 1934, as amended
Appendix G: Section 614 of the Communications Act of 1934, as amended
Appendix H: Section 615 of the Communications Act of 1934, as amended
Appendix I: Section 122 of the Copyright Act of 1976, as amended
Appendix J: Nielsen Media Research Designated Market Area Ranking 2000-2001
     I.   INTRODUCTION
1.        Section 338 of the Communications Act of 1934 ("Act"), adopted as part of the Satellite Home
Viewer Improvement Act of 1999 ("SHVIA") requires satellite carriers, by January 1, 2002, "to carry upon
request all local television broadcast stations' signals in local markets in which the satellite carriers carry at
least one television broadcast station signal," subject to the other carriage provisions contained in the Act. Until
January 1, 2002, satellite carriers are granted a royalty-free copyright license to retransmit television broadcast
signals on a station-by-station basis, subject to obtaining a broadcaster's retransmission consent.  This
transition period is intended to provide the satellite industry with time to begin providing local television signals
into local markets, otherwise known as "local-into-local" satellite service. In this Report and Order, we adopt
rules to implement the provisions contained in Section 338.
2.        In a separate proceeding, the Commission has implemented new amendments to Section 325
of the Act per the instructions set forth in the SHVIA.  Good faith negotiation regulations and the prohibition
on retransmission consent exclusivity are among the requirements the Commission has already adopted.
However, the Commission deferred adopting rules concerning the satellite retransmission consent/mandatory
carriage election cycle until we considered all of the rules necessary for a local broadcast station to gain
carriage on a satellite carrier under both Sections 325 and 338 of the Act.  Thus, we adopt herein, election cycle
rules and related policies for satellite broadcast signal carriage.
II.  BACKGROUND
3.        In the SHVIA, Congress amended the Communications Act and Copyright Act to permit
satellite carriers to provide the signals of local broadcast stations to subscribers residing in the broadcaster's
market.  Commencing on January 1, 2002, satellite carriers that provide local-into-local retransmission of
broadcast stations pursuant to the statutory copyright license must "carry upon request the signals of all
television broadcast stations within that local market . . ." The SHVIA requires the Commission to issue rules
implementing this carriage requirement within one year of the SHVIA's enactment on November 29, 1999. In
establishing such a deadline, Congress implicitly recognized that sufficient time was needed for satellite carriers
to comply with the carriage requirements prior to January 1, 2002. Congress has indicated that the satellite
carriage requirements should be comparable to the cable carriage requirements, noting in particular, paragraphs
(3) and (4) of Section 614(b) and paragraphs (1) and (2) of Section 615(g), presently found in Title VI of the
Act.
4.        In Implementation of the Cable Television Consumer Protection and Competition Act of
1992, Broadcast Signal Carriage Issues ("Broadcast Signal Carriage Order"), the Commission implemented
the cable broadcast signal carriage provisions of the Cable Television Consumer Protection and Competition
Act of 1992 ("1992 Cable Act"). This statute amended the Act to provide television stations with certain
carriage rights on local market cable television systems.  Sections 614 and 615 of the Act contain the cable
television "must carry" requirements for commercial and noncommercial television stations, respectively.
Section 325 contains retransmission consent requirements pursuant to which cable operators may be obligated
to obtain the consent of commercial broadcasters before retransmitting their signals. Within local market areas,
defined by Nielsen Media Research's Designated Market Areas ("DMAs"), commercial television stations may
elect cable carriage under either the retransmission consent or mandatory carriage requirements.
Noncommercial television stations have a right to mandatory carriage under the Act, but do not have statutory
retransmission consent rights.
5.        It is important to note that the satellite carriage requirement is different from the cable carriage
requirement. Under Sections 614 and 615 of the Act, television stations can insist on carriage on a cable system
even if the cable operator does not carry any local signals. Under Section 338 of the Act, the Commission
cannot require satellite carriers to carry television stations in markets where they do not offer local-into-local
service. There are other distinctions between cable operators and satellite carriers that must be noted as well.
For example, a satellite carrier has a general obligation to carry all television stations in a market, if it carries
one station in that market through reliance on the statutory copyright license, without a specific statutory
reference to a channel capacity cap, while a cable system with more than 12 usable activated channels is
required to devote no more than one-third of the aggregate number of usable activated channels to local
commercial television stations that may elect mandatory carriage rights. Satellite carriers also provide video
programming on a national basis through a space-based delivery facility while cable operators provide video
service on a local basis through a terrestrial delivery facility.
6.        To understand the circumstances surrounding the implementation of Section 338, it is also
necessary to discuss current satellite delivery of television broadcast stations and how subscribers access
broadcast programming. We focus on DBS operators because they are currently providing local-into-local
service. First, to obtain local television signals for local distribution, DBS operators receive the signals over-
the-air, or have arrangements with local stations to deliver their signals by other means, to a receive facility
in or near the stations' television market. Presently, a local exchange carrier's facility is used as a collection
point for local television station signals.  Once received, the satellite carrier converts the analog television
broadcast signals into digital data bitstreams. The digitized television signals are then sent, using a fiber optic
line or other means, to the satellite carriers' programming facility, or group of facilities, where they are then
uplinked to the appropriate satellite. These satellites, orbiting around the equator at 22,300 feet at various
locations above the United States, contain transponders that are used to retransmit local television station
signals and other programming to subscribers' homes in a certain television market.
7.        Satellite television subscribers must buy or rent a small parabolic "dish" antenna, which is
mounted on or near the home, to receive the satellite delivered signals. Satellite subscribers must also purchase
or rent a set top box that converts the incoming digital signal to an analog format so that programming is
viewable on the television receiver. Subscribers pay a subscription fee to receive both local television station
signals and other programming services. While each television station carried by a satellite carrier occupies
transponder capacity, a subscriber cannot purchase and view packages of non-local television station signals.
Satellite carriers package video programming, including bundles of local television station signals, into different
tiers of service. Services are also available on an a la carte basis where a single channel or program is sold
separately.
8.        Satellite carriers organize programming according to channel neighborhoods where certain
genres of programming, such as sports or music, are grouped together.  Presently, local-into-local television
stations carried under retransmission consent are found together in such neighborhoods. As of November 27,
2000, DirecTV offers local-into-local service in 38 television markets whereas Echostar offers such service
in 34 television markets.
III. EXECUTIVE SUMMARY
9.        This Order implements carriage rules for satellite carriers pursuant to Section 338.  The
decisions are summarized as follows:
    Commencing Carriage.  We find that commercial television stations must make an election between
  retransmission consent and mandatory carriage every three years for both satellite carriers and cable
  operators.  The first satellite election cycle, however, will be for four years, to align it with the cable
  election cycle beginning in 2006. Under the SHVIA, a television station, in a market with local-into-local
  service, must request carriage.  We find that for the first cycle, commercial television stations must request
  carriage by making an election by July 1, 2001, for carriage to commence on January 1, 2002.  We further
  find that commercial television stations must request carriage by making an election, for all cycles
  thereafter, by October 1st of the year preceding the new election cycle.  Noncommercial educational
  television stations must request carriage on the same dates as commercial television stations, even though
  they are not subject to an election cycle.  We establish separate timeframes for commencing carriage when
  a new television station begins service or when a satellite carrier commences new local-into-local service.
    Market Determinations. Under the SHVIA, Nielsen's 1999-2000 publications determine market areas
  at the commencement of the first election cycle.  We find, however, that a satellite carrier may use future
  Nielsen publications to add counties to markets where it provides local-into-local service. A television
  station's local market for satellite carriage purposes is generally determined by the location of its city of
  license.  In the cases where the station's city of license is located in a county outside the local market, but
  Nielsen has assigned the station to that market, it may assert carriage rights in the market to which it was
  assigned. We also find that the Commission cannot modify a television market under Section 338 as it is
  authorized to do so under Section 614(h) in the cable carriage context.
    Receive Facilities.  The SHVIA establishes the "local receive facility" as the point in a market where a
  carrier collects the signals of local television stations before retransmitting them via satellite.  The local
  receive facility, in essence, functions like a cable operator's principal headend. Under the SHVIA, a
  satellite carrier determines the location of the local receive facility in each market it provides local-into-
  local service. We interpret the SHVIA to permit satellite carriers to construct another facility, one that may
  be outside the local market, if 50% of the broadcasters in the relevant market agree to the location of such
  a facility.  It should also be noted that the SHVIA requires television stations to pay for the costs of
  providing a good quality signal to any receive facility.  We adopt rules for defining a good quality
  television station signal comparable to the rules established in the cable context.  Notably, a satellite carrier
  does not have an obligation to carry a television signal that does not meet the Commission's good quality
  signal standard, until the time when the television station pays to cure the signal strength deficiency.
    Duplicating Signals. Under the SHVIA, a satellite carrier is not required to carry duplicative signals of
  television stations in the same market unless the stations at issue are network affiliates licensed to
  communities in different states. We adopt a duplication definition for commercial television stations that
  mimic the definition established in the cable carriage context.  We also interpret the SHVIA's duplication
  provisions to mean that a satellite carrier is not obligated to carry two of the same network affiliates, even
  if their signals do not duplicate.
    Noncommercial Television Stations. We find that a satellite carrier must carry all non-duplicative
  noncommercial educational television stations in a market where local-into-local service is provided. We
  also find that a satellite carrier cannot satisfy its public interest set aside obligations through the carriage
  of noncommercial television stations.
    Channel Positioning.  We implement the SHVIA's requirement that a satellite carrier must carry all local
  television stations in a contiguous manner on its channel line-up. The SHVIA also requires the Commission
  to establish rules prohibiting non-discriminatory treatment of television stations carried under the copyright
  compulsory license. We find that a satellite carrier must treat television stations that elect mandatory
  carriage in the same manner on its electronic program guide as it does stations that elect retransmission
  consent.  We also find that a satellite carrier must offer television stations that elect mandatory carriage
  to subscribers on comparable price terms as it offers television stations that elect retransmission consent.
    Content to be Carried. The SHVIA requires the Commission to apply the cable carriage content
  requirements to satellite carriers.  Given this directive, we implement rules requiring a satellite carrier to
  carry the primary video and accompanying audio of local television stations. We also implement rules
  requiring satellite carriers to carry all program-related material contained in a television station's vertical
  blanking interval, unless carriage of such data is technically infeasible.
    Material Degradation. The SHVIA requires the Commission to apply the material degradation principles
  established in the cable carriage context to satellite carriers.  Given this directive, we find that a satellite
  carrier must provide the same degree of picture quality to television stations that elect mandatory carriage
  as it provides to television stations that elect retransmission consent.
    Compensation.  We implement the SHVIA's directive prohibiting satellite carriers from requesting
  compensation in return for carriage.
    Digital Television. The Notice of Proposed Rulemaking in this proceeding raised several questions
  regarding the carriage of digital television signals by satellite carriers.  The broadcasting industry generally
  supported satellite digital carriage requirements while the satellite industry opposed any digital carriage
  requirements.  We refrain from addressing the merits of such requirements and state that the satellite digital
  carriage issues will be addressed at the same time the Commission considers cable digital carriage issues.
    Remedies. The SHVIA provides the United States District Courts with exclusive jurisdiction to remedy
  a satellite carrier's failure to carry a local television station. However, the SHVIA also provides that the
  Commission shall order the satellite carrier to take appropriate remedial action if it fails to meet its
  obligations under Section 338.  We interpret the SHVIA to require a television station to seek remedies for
  non-carriage by a satellite carrier under the statute in the court system. However, a television station that
  seeks remedial action and a carriage order under our rules may file a complaint with the Commission.  We
  also interpret the SHVIA to allow the Commission to adjudicate satellite carriage complaints for each
  substantive topic enumerated in Section 338, including the content-to-be-carried and material degradation
  provisions.
IV.  SATELLITE BROADCAST SIGNAL CARRIAGE
          A.   Constitutional Matters
2.        Questions have been raised relating to the constitutionality of Section 338. The satellite
industry argues that Section 338's carriage requirements are unconstitutional for several reasons. The Satellite
Broadcasting and Communications Association ("SBCA") submits that mandatory carriage violates the First
Amendment, by infringing on a carrier's editorial control in selecting programming, as well as the Takings
Clause of the Fifth Amendment, by depriving the carrier of valuable spectrum without just compensation.
SBCA additionally argues that, by linking a statutory copyright license to a requirement to engage in certain
speech, Congress has exceeded its authority under the Copyright Clause of the Constitution. Echostar agrees
and also asserts that Section 338 does not provide the Commission with any ability to salvage it from
unconstitutionality, nor does the Act give the Commission any opportunity to alleviate the statutory burdens.
3.        The National Association of Broadcasters ("NAB") argues that the Act does not limit a
satellite carriers' speech in any way, and carriers remain free to offer any programming for which they acquire
the necessary rights in the marketplace.  It argues that the compulsory license is a transfer of rights from
copyright owners to carriers, not a restriction of any kind. According to NAB, the SHVIA gives satellite
carriers a royalty-free statutory license to override the normal rights of copyright owners by retransmitting
copyrighted programming, under specified circumstances. Paxson states that the Supreme Court has concluded
that the cable carriage requirements satisfy the intermediate scrutiny test under O'Brien because they advance
the important government interests of preserving the benefits of free over-the-air broadcasting and promoting
the widespread dissemination of information from a multiplicity of sources.  According to Paxson, the same
government interests are protected and promoted through comparable carriage requirements on the satellite
industry.
4.        In the legislative history accompanying this section, Congress noted its belief that the carriage
requirements are constitutional under the First Amendment:
     The conferees believe that the must carry provisions of this Act neither implicate nor violate the First
     Amendment.  Rather than requiring carriage of stations in the manner of cable's mandated duty, this
     Act allows a satellite carrier to choose whether to incur the must carry obligation in a particular market
     in exchange for the benefits of the local statutory license.  It does not deprive any programmers of
     potential access to carriage by satellite carriers.  Satellite carriers remain free to carry any
     programming for which they are able to acquire the property rights.  The provisions of this Act allow
     carriers an easier and more inexpensive way to obtain the right to use the property of copyright holders
     when they retransmit signals from all of a market's broadcast stations to subscribers in that market.
     The choice whether to retransmit those signals is made by carriers, not by the Congress.  The proposed
     licenses are a matter of legislative grace, in the nature of subsidies to satellite carriers, and reviewable
     under the rational basis standard.
The Conferees also noted that they were "confident that the proposed license provisions would pass
constitutional muster even if subjected to the O'Brien standard [intermediate First Amendment scrutiny]
applied to the cable mandatory carriage requirement."
5.        We observe that Congress enacted Section 338 to preserve free over-the-air broadcasting, promote
a multiplicity of voices, and promote fair competition between video providers. The SHVIA furthers these important
government interests by establishing provisions ensuring that satellite carriers treat all local television stations seeking
carriage in a fair manner. The goals, and the means to further them, are similar to those Congress enacted in 1992
when it promulgated the cable carriage provisions in the 1992 Cable Act.  With regard to the arguments raised by
SBCA, we find that the claims it raises, excepting the Copyright Clause claim, are similar to those the cable industry
raised against the constitutionality of Sections 614 and 615 of the Act in 1992. In the Turner cases, the Supreme
Court found that the Act's cable carriage provisions were constitutional. In this matter, we defer to Congress's
determination that Section 338 is lawful. Thus, notwithstanding the satellite industry's court challenge, our task in
this proceeding is to implement the statutory directives set forth in the SHVIA.
B.        Commencing Satellite Broadcast Signal Carriage
6.        Satellite carriers have had the right to retransmit local television stations without first obtaining
retransmission consent, and without a mandatory carriage obligation, for a six month period from November
29, 1999 to May 28, 2000. Beginning on May 29, 2000 and continuing until December 31, 2001, satellite
carriers may carry local television stations on a station-by-station basis if a retransmission consent agreement
has been reached.  As of January 1, 2002, satellite carriers will have an obligation to carry all local television
stations seeking carriage in any market in which they provide local-into-local service. This requirement is not
absolute as satellite carriers generally need not carry duplicative television stations in the same market. In
addition, a television station in a market where local-into-local service is provided must submit a request to the
satellite carrier to gain carriage.  Commercial television stations must make an election between retransmission
consent and mandatory carriage when requesting carriage.  Noncommercial television stations do not have to
make an election because they do not have retransmission consent rights.  However, a noncommercial television
station and a satellite carrier may enter into a voluntary carriage agreement apart from the requirements
contained in the Act.
7.        We find that Section 338 provides a satellite carrier with two options for carrying local
television broadcast signals. If a satellite carrier provides its subscribers with the signals of local television
stations through reliance on the statutory copyright license, they will have the obligation to carry all of the
commercial television signals in that particular market that request carriage.  If a satellite carrier provides local
television signals pursuant to private copyright arrangements, the Section 338 carriage obligations do not
apply.  In this context, we note that a retransmission consent agreement, in most instances, is not analogous
to a private copyright arrangement.  Retransmission consent permits an MVPD to retransmit a station's signal,
but it does not generally grant copyright clearance for the program content carried by that station. To obtain
private clearances for material carried by a particular station, the copyright holders of each of the programs,
advertisements, and music aired by that station must consent to the retransmission.  In some cases, however,
a television station may have permission from the copyright holders to provide clearances on their behalf. We
therefore conclude that unless the retransmission contract clearly provides for all copyright clearances, a carrier
retransmitting television stations electing retransmission consent would be subject to the compulsory license
and be required to carry all other local market television stations under the provisions set forth in Section 338.
          1.   Election Cycle
2.        In Implementation of the Satellite Home Viewer Improvement Act of 1999 Retransmission
Consent Issues, Report and Order, the Commission promulgated good faith and anti-exclusivity requirements per
the provisions amending Section 325 of the Act. Retransmission consent and mandatory carriage election cycle
requirements for satellite carriers were discussed in the Notice in that docket. The Retransmission Consent
Notice requested comment on whether the Commission should employ the same rules and procedures the
Commission adopted in response to the 1992 Cable Act or adopt a different election cycle with different procedures
to implement Section 325(b)(3)(C)(i).  The Notice in this proceeding sought comment on how the carriage
provisions of Section 338 would work with the revised Section 325 provisions regarding retransmission consent.
Because the issues of retransmission consent and mandatory carriage are intertwined, we believe that a coherent
election regime is best effectuated by consolidating the election cycle record from that proceeding with the
instant proceeding and determining the unresolved issues here.
3.        The SHVIA amended Section 325 to provide that no cable system or other multichannel video
program distributor shall transmit the signal of a broadcasting station, or any part thereof, except: (A) with the
express authority of the originating station; (B) pursuant to Section 614, in the case of a station electing to assert
the right to carriage by a cable operator; or (C) pursuant to Section 338, in the case of a station electing to assert
the right to carriage by a satellite carrier. The SHVIA also amended Section 325(b) by adding new paragraph
(3)(C)(i), which directs the Commission to adopt regulations which shall "establish election time periods that
correspond with those regulations adopted under subparagraph (B) of this paragraph ."
4.        Section 325(b)(3)(C)(i) instructs the Commission to establish regulations and procedures
governing the election process for retransmission consent and mandatory carriage that correspond, as much
as possible, with existing Section 325(b)(3)(B) of the Act. We find that the length of the first election cycle
shall be for a four-year period commencing on January 1, 2002 and ending December 31, 2005. We believe
that a four-year timeframe is necessary to align the election cycles among satellite carriers and cable operators
so that local television stations would be making retransmission consent/mandatory carriage elections for cable
and for satellite on the same cycle.  This conclusion is also consistent with many commenters that advocated
a synchronized cycle.
5.        ALTV, for example, proposed an alternative that would ultimately synchronize the cable and
satellite cycles, but by beginning with a one-year cycle, followed by a three year cycle.  We find that a four-
year cycle is less burdensome for both broadcasters and satellite carriers. We note that certain broadcast
interests argue against parallel election cycles because it would be overly burdensome to simultaneously
negotiate carriage among cable operators and satellite carriers.   We do not believe that the need to negotiate
with the limited number of satellite carriers will place an undue burden on broadcasters. We also believe that
simultaneous election cycles most effectively equalizes the obligation for satellite carriers and cable operators
negotiating retransmission consent.
6.        Echostar and DirecTV also favor synchronizing the cable and satellite cycles but note that
regulations developed for the cable industry would not sufficiently take into account the distinctive aspects of
retransmission consent/mandatory carriage elections for the satellite industry.  EchoStar urges the Commission
to give satellite carriers at least six months between new retransmission consent/carriage election dates and their
respective effective dates.  We agree that a satellite carrier needs ample time to commence carriage prior to
the first election cycle because of the logistics of adding hundreds of local television stations to its channel line-
up. We therefore provide satellite carriers with six months, from July 1, 2001 to December 31, 2001, to
complete the carriage process.  The election cycle and notification timeframes established for the first cycle,
as described more fully below, are designed to accommodate the initial implementation of Section 338.  After
satellite carriers commence carriage on January 1, 2002, the rationales for extended timeframes no longer
apply. Thus, the second election cycle, and all cycles thereafter, shall be for a period of three years (e.g.
January 1, 2006 through December 31, 2008).
7.        In terms of procedure and timing for the second election cycle and all subsequent cycles,
commercial television broadcast stations should make their election by October 1st for the election cycle
beginning the following January 1st.  Satellite carriers shall have 90 days prior to the new election cycle,
beginning October 1st and ending December 31st, to negotiate retransmission consent agreements. These are
the same timeframes as those established under the cable election rules.  If a satellite carrier begins providing
local-into-local service in a new market during an election cycle, the carrier and the commercial television
stations in that market have 90 days to complete their retransmission consent discussions.  In this situation, the
election cycle starts at the date a satellite carrier begins local-into-local service and ends on the date the cycle
ends under our rules.
8.        Under the SHVIA, satellite carriers taking advantage of the compulsory copyright license for
local signals are required to carry television broadcast stations "upon request."  We note that cable carriage
under the Act is an immediate right that vests without request.  That is why we initially adopted a default rule
in the cable context. We find, however, that there can be no default mandatory carriage requirement under
Section 338 because a commercial television station must expressly request carriage.  Rather, if a commercial
television station does not make an election, it defaults to retransmission consent. In this context, we also
recognize that carriers need some measure of control in configuring their satellite systems to meet their
statutory obligations.  Therefore, if an existing television station fails to request carriage by the established
deadlines, it is not entitled to mandatory carriage under 338 for the duration of the election cycle. This policy
does not apply to new television stations to which different substantive and procedural rules apply.
9.        Consistent Retransmission Consent/Carriage Elections.  Section 76.64(g) requires that
broadcasters make consistent retransmission consent/must carry elections between cable operators where
franchise areas of cable systems overlap.  While the SHVIA does not expressly require such action in the
satellite context, in the Retransmission Consent Notice we requested comments on whether broadcasters should
be subject to a consistent election requirement between satellite carrier and cable operators. Broadcast industry
commenters argue that the SHVIA does not require Commission expansion of the consistent election
requirements to satellite carriers as well as cable systems. DirecTV, on the other hand, argues that a consistent
election rule should be adopted to prevent broadcasters from unfairly disadvantaging one MVPD competitor
over another. We find that Section 325, amended by the SHVIA, makes no reference to expanding the
consistent election requirement to the satellite context, notwithstanding the fact that the obligation was imposed
in the cable context.  Absent express statutory language to the contrary, we believe that a consistent election
requirement between a cable operator and a satellite carrier should not be imposed.
10.       While the absence of statutory language guides our determination, we also note that the service
area differences between satellite carriers and cable operators also counsels against implementing such a rule.
Television broadcast stations elect retransmission consent or mandatory carriage on a system-by-system basis
under the cable carriage requirements. There are many cable systems in a television market. Sometimes, a
television broadcast station may choose retransmission consent on one cable system, but select mandatory
carriage for a system in an adjacent area. A satellite carrier's service area for local-into-local purposes, on the
other hand, encompasses television market areas that are substantially broader in scope. When a television
station is carried by a satellite carrier, it is either a retransmission consent station or a mandatory carriage
station in the local market area. Given these facts, it is difficult to require consistency between the two MVPDs
without also requiring a station to make a uniform election for all local market cable systems in order to match
the election choice the station made with regard to the satellite carrier.
     2.          Initiating Carriage
11.       In the Notice, we discussed the framework and procedural rules that should be established for
implementing Section 338.  We sought comment regarding the meaning of the phrase "carry upon request"
and noted that in the cable context, the Commission initially required the cable operator to contact all local
broadcast television stations, in writing, on matters relating to their carriage rights.  We asked commenters
whether we should adopt a similar rule requiring satellite carriers to notify all local broadcasters, in writing,
of their carriage rights once any local station in a particular market is being carried.  The Notice also pointed
out that broadcast television stations requesting mandatory carriage as part of the election process must make
such carriage requests in writing.  The Commission sought comment on whether similar provisions should be
adopted in the satellite carriage context.
12.       ALTV and others assert that a local television station that elects mandatory carriage under
Section 338 should be considered to have requested carriage as well. ALTV argues that the additional
requirement of a formal carriage request is unnecessary where a local television station already has notified
a satellite carrier of its choice between retransmission consent and mandatory carriage. We agree with ALTV.
An election made by the television broadcast station shall be treated as the request for carriage. The procedural
policy we adopt here is necessary to reduce the paperwork lag time that would impede satellite carriers from
complying with its Section 338 obligations by January 1, 2002.
13.       Commenters propose different approaches to the carriage obligations of satellite carriers and
the responsibilities of television broadcast stations when local-into-local service is provided in a television
market.  Broadcasters generally argue that because a satellite carrier's carriage obligations are triggered only
when the carrier decides to avail itself of the local-into-local statutory copyright license, it is appropriate for
the carrier to notify local stations, in writing, if it decides to rely on such a license. NAB asserts that imposing
an affirmative notification requirement on satellite carriers will help prevent disputes about whether parties
understood the other's intentions. Conversely, DirecTV asserts that Section 338 places an affirmative burden
on television broadcast stations to "request" carriage on the satellite carrier's system. EchoStar similarly
contends that broadcasters should be required to contact satellite carriers in the first instance, in writing, to
request mandatory carriage because broadcasters have actual notice of the satellite carriers providing local-
into-local service in their market.
14.       We find that television stations have the burden of initiating satellite carriage. DirecTV and
Echostar are the only satellite carriers currently operating and providing local-into-local service. It is reasonable
to conclude that a television station has actual notice of the local presence of these carriers since satellite
subscribers already have access to certain local television stations and a satellite carrier's programming
activities are well publicized.
15.       We also find that a television broadcast station must notify a satellite carrier, by July 1, 2001,
of its carriage intentions if it is located in a market where local-into-local service is provided. Commercial
television stations are required to choose between retransmission consent and mandatory carriage on this date.
NCE stations must simply request carriage. We believe that a six month timeframe provides satellite carriers
with sufficient time to plan for receive facility accommodations and channel line-up changes before January
1, 2002. To facilitate the carriage process, we also find that a satellite carrier must respond to a television
station's carriage request by August 1, 2001, and state whether it accepts or denies the carriage request.  If the
satellite carrier denies the request, it must state the reasons why.  In this context, some valid reasons for not
commencing carriage of a television station are: (1) poor quality television signal; (2) substantial duplication;
(3) non-local station requesting carriage; and (4) the satellite carrier is offering local-into-local service via
private copyright agreements. If the television station's request for carriage is rejected, it may file a complaint
pursuant to the rules established in the Remedies section, below.
16.       With regard to the notification procedure, the request made by the television station must be
in writing and sent to the satellite carrier's principal place of business, as listed on the carriers' website or
official correspondence.  The notification must be sent by certified mail, return receipt requested.  A station's
written notification should include the name of the appropriate station contact person as well as the station's:
(i) call sign; (ii) address for purposes of receiving official correspondence; (iii) community of license; (iv) DMA
assignment and (v) affirmative carriage election.  These notification elements are necessary to ensure that a
satellite carrier has the base information it needs to commence the carriage of local television stations.
17.       New Local-Into-Local Service.  In the Notice, we requested comment on whether separate
procedures should be established for new satellite carriers and whether such rules should be similar to those
established for cable carriage. Broadcast commenters favor notification requirements for new market entrants.
While generally objecting to a notification burden being placed on satellite carriers, DirecTV submits that if
one is adopted, the requirement should only apply to markets in which a satellite carrier commences service
after January 1, 2002. We find that a new satellite carrier must notify all local television stations in a given
market when it plans to provide local service.  Similarly, an existing satellite carrier must provide notice when
it provides local-into-local service in a new market. We note that requiring carriers to provide notice in these
circumstances is less burdensome because there are far fewer television stations to contend with, at the same
time, than in markets with existing local-into-local service. We also believe that advance notice in these
situations ensures a level competitive playing field in two respects: (1) all local television stations will know,
at the same time, when local-into-local service will be provided in a market and (2) all local television stations
will be able to exercise their carriage rights at the same time.
18.       We therefore adopt procedural provisions that substantially replicate the existing requirements
for new cable systems under Section 76.64. However, we craft the rules in a slightly different manner
recognizing that satellite carriers provide a national service. The carriage procedures also provide carriers with
adequate preparation time while not unduly delaying the provision of full local-into-local service in a market.
We adopt the following guidelines for both new satellite carriers and carriers that offer new local-into-local
service for the first time on or after July 1, 2001.  First, satellite carriers shall notify local television stations,
in writing, at least 60 days before the date it intends to provide new satellite service or intends to enter into a
new market. At the same time, the satellite carrier should provide the location of the local receive facility in
that particular market. A local television station then must provide its election, in writing, no more than 30
days after receipt of the satellite carrier's notice.  If a satellite carrier finds that the television station meets
the criteria for carriage under Section 338 and our rules, it shall then have 90 days after the election letter was
received to negotiate carriage, resolve local receive facility issues, reconfigure its system and channel line-up,
notify subscribers of the change in service, and commence carriage of the local television station. If the satellite
carrier finds that the station is not qualified for carriage for any of the reasons stated above, it shall notify the
local station in writing of the reason for such refusal within 30 days of the receipt of the station's election.  The
television station may either accept the satellite carrier's conclusion or file a carriage complaint.
19.       New Television Stations. Section 338 requires carriage of all local stations in local markets
regardless of when such stations begin broadcasting. Given this statutory directive, we find that new television
broadcast stations licensed and providing over-the-air service have carriage rights under the SHVIA. Those
stations licensed to provide over-the-air service for the first time on or after July 1, 2001 will be considered new
television broadcast stations for satellite carriage purposes. We believe it appropriate to require a new
television station to make its initial election between 60 days before commencing broadcast and 30 days after
commencing broadcast. This requirement is similar to the cable rules regarding new television stations. If the
station meets all of the requirements under Section 338 and our rules, the satellite carriers shall commence
carriage within 90 days of receiving a carriage request from the television broadcast station or whenever the
new television station provides over-the-air service.  If the satellite carrier believes that the station is not
qualified, it must notify the station of such a determination with 30 days of receiving the election notice.  An
aggrieved television station may then file a complaint for non-carriage in the appropriate forum under the
guidelines established in Section 338.
     C.  Market Definitions
20.       Section 338(h)(3) defines the term, "local market," as having the meaning it has under Section
122(j) of title 17, United States Code.  Section 122(j)(2)(A) defines the term, "local market," in the case of
both commercial and noncommercial television broadcast stations, to mean the designated market area in which
a station is located, and-(i) in the case of a commercial television broadcast station, all commercial television
broadcast stations licensed to a community within the same designated market area are within the same local
market; and (ii) in the case of a noncommercial educational television broadcast station, the market includes
any station that is licensed to a community within the same designated market area as the noncommercial
educational television broadcast station."  In addition to the area described in subparagraph (A), a station's
local market includes the county in which the station's community of license is located.  Section 122(j)(2)(C)
defines the term, designated market area to mean the market area, as determined by Nielsen Media Research
and published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States
Television Household Estimates or any successor publication."
21.       We did not receive comments interpreting these provisions. DirecTV, however, did suggest
that the Commission adopt a rule expressly allowing satellite carriers, at their discretion, to limit a television
station's carriage coverage area to its predicted Grade B service contour within its DMA. ALTV and NAB
respond that DirecTV's proposal is antithetical to the language and purpose of the SHVIA. NAB asserts that
the geographic scope of the mandatory carriage obligation is precisely the same as the scope of the compulsory
license granted by Congress -- namely, the "local market," which generally means the DMA.
22.       We find that the term "local market," as it is used for satellite carriage purposes, includes all
counties within a market, as well as the home county of the television station if that county is not physically
located in the DMA.  We believe that the satellite compulsory license includes not only television stations
licensed to a local market, but also extends to stations licensed in one market but assigned by Nielsen to
another market. For example, a television station licensed to a community in Jefferson County, Missouri, which
is in the Paducah DMA, but assigned by Nielsen to the St. Louis DMA, would be considered within the St.
Louis market under Section 338. In this case, Jefferson County is the home county, and such a county should
be treated as part of the St. Louis DMA for satellite carriage purposes. Moreover, since this station is licensed
to a community in the Paducah market, it may assert its carriage rights in that market as well, if satellite
carriers decide to provide local-into-local service there. If there happens to be another television station licensed
to a community in Jefferson County, that station will also be considered in the St. Louis DMA and eligible to
assert its right to carriage against a satellite carrier. In addition, if a station is licensed to a community that is
inside one DMA, but is assigned to another DMA by Nielsen, the station could assert its right to carriage in
the market where its community of license is located. For example, KNTV is licensed to San Jose, CA, which
is in the San Francisco DMA, but is assigned by Nielsen to the Salinas-Monterey DMA.  In this case, KNTV
can assert its carriage rights in the San Francisco DMA because that is where its community of license is
located. These interpretations are consistent with the SHVIA's goals of preserving over-the-air broadcasting
and providing satellite subscribers with a full complement of local station signals.
23.       Timing of Revisions to Market Definitions.  We sought comment on when to change the
reference to the 1999-2000 Nielsen publications to reflect changes in market structure and market conditions.
We noted, in the cable context, that the rules account for a market update every three years.  We asked
whether the rules we implement under this section should be updated on a triennial basis or at another interval.
We also noted that cable operators are required to use the 1997-98 Nielsen publications to determine local
markets for broadcast signal carriage purposes up until January 1, 2003, yet satellite carriers are obliged to
use the 1999-2000 Nielsen publications for carriage purposes.  We asked whether satellite carriers and cable
operators should be required to use the same annual Nielsen market publications so that both may rely on the
same market definition.
24.       Our goals here are threefold. We intend to: (1) implement the language of Section 338; (2)
establish comparable timelines and requirements for satellite carriers and cable operators; and (3) reduce
procedural and administrative burdens.  BellSouth argues for an extended period between updates to allow for
satellite carriers' difficulties in accessing and tuning the satellite equipment used to transport television signals.
ALTV and NCTA argue that the Commission should adopt rules allowing for the use of the same Nielsen data
by cable systems and satellite carriers as quickly as practicable.  NAB asserts that the 1999-2000 lists are the
correct ones for the Commission to use to determine markets for the first election cycle commencing in January
1, 2002.
25.       We will require satellite carriers to use Nielsen's 1999-2000 DMA market assignments to
initially determine their carriage obligations.  Satellite carriers and television broadcast stations have been on
notice since November 29, 1999, that the 1999-2000 Nielsen publications will be used for Section 338
purposes. To avoid overburdening satellite carriers, we will not require market boundaries to be updated on
an annual basis. However, we do believe that television markets should be updated triennially, for each election
cycle, to better reflect new market conditions and viewership patterns. Satellite carriers may, nevertheless,
voluntarily adjust markets based upon county additions found in annual editions of Nielsen DMA market
assignment publications.  On this point, we agree with DirecTV when it states that Section 122(j)(2) allows
a local market originally defined in the 1999-2000 Nielsen market assignment to be expanded in accordance
with later issues of the relevant Nielsen publications. Satellite carriers may add counties to the markets in
which they now provide local-into-local service by referring to the Nielsen 2000-2001 DMA market
assignments and future assignments. By adopting this approach, a satellite carrier is able to serve new
communities on the basis of each yearly Nielsen DMA market change, if that is what is desirable Counties that
are removed from a market in subsequent Nielsen publications should remain in the market for satellite carriage
purposes so that satellite subscribers will not lose local-into-local service. This policy fulfills the SHVIA's
goal of furthering the availability of local-into-local service and providing effective competition to incumbent
cable systems.
26.       Market Modifications. In the Notice, we pointed out that a statutory device exists to expand
or contract the size of a local television market for cable carriage purposes and sought opinion on whether the
Commission has the authority to implement a market modification mechanism for satellite carriage purposes.
Certain broadcast commenters assert that implementing a market modification mechanism is necessary to
promote Congress' goal of protecting free television service, placing satellite and cable on equal terms, and
preserve localism by ensuring that satellite carriage markets actually reflect what is truly local. However,
BellSouth and DirecTV state that the Commission has no authority to add communities to a broadcaster's
television market. They believe that Section 122(j) limits a station's satellite carriage rights to the DMA that
includes its community of license. DirecTV argues, however, that the Commission can and should adopt
market modification procedures that allow a satellite carrier to remove a station from the market if it can
demonstrate that the station does not serve the relevant market. Paxson, in contrast, argues that had Congress
intended to grant the Commission market modification authority, it would have explicitly done so in the statute
just as it did in the cable context.
27.       We find that the Act does not permit the Commission to change the shape of a television
market. While we recognize the concerns raised above, we note that the satellite compulsory license is
coterminous with the market in which the satellite carrier provides local-into-local service. Without express
language in the Copyright Act or the Communications Act, any attempt to establish a market addition policy
under our public interest authority would be moot because a satellite carrier cannot retransmit a local television
station under Section 338 into another market without subjecting itself to copyright liability under Section 122
of the Copyright Act. In addition, there is no explicit provision providing the Commission with the authority
to modify markets in the manner permitted under Section 614(h). Therefore, we cannot establish a market
modification policy on our own motion.  We note that the Senate version of the SHVIA had, at one point in
time, a market modification provision. This subsection was not adopted by Congress.  Thus, any attempt by
the Commission to implement a market modification regime would run counter to the express intent of
Congress.
28.       Coverage.  Satellite carriers are currently developing spot beam technology where
programming can be delivered to a discrete geographical location using a specialized satellite.  Spot beam
satellites have the potential to increase satellite system channel capacity through the re-use of transponders.
DirecTV argues that satellite carriers should be permitted to use spot beams, when they are in operation, for
local-into-local service even if the beam does not cover the entire market. We will permit carriers to use spot
beam satellites in such a manner. We first observe that Section 338 does not require a satellite carrier to serve
each and every county in a television market. Rather, it requires that in the areas it does provide local-into-local
service, it must carry all local television stations subject to carriage under the statute. In this context, we
recognize that there are some markets, such as the Denver DMA encompassing counties in four states, that are
geographically expansive.  A spot beam may not be able to cover the entire DMA in these instances, and to
make the satellite carrier reconfigure its spot beam may deprive it of capacity to serve additional markets with
local-into-local coverage.
     D.  Receive Facilities
29.       Section 338(b)(1) states that, "A television broadcast station asserting its right to carriage
under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the
designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half
the stations asserting the right to carriage in the local market." Section 338(h)(2), in turn, defines the term
"local receive facility" as "the reception point in each local market which a satellite carrier designates for
delivery of the signal of the station for purposes of retransmission." The Notice sought comment on the term
"local receive facility" and on the parameters under which a satellite carrier may construct and designate a local
receive facility.  We noted that the statutory language could be read to permit the satellite carrier to establish
a regional receive facility that would receive broadcast signals from other markets provided 50% of the relevant
broadcasters agreed to the location.  We also asked questions concerning the procedures by which a satellite
carrier must inform local market television stations of the location of the receive facility, and whether there
should be Commission procedures to resolve a broadcaster's complaint if it disputes the receive location
selected by the majority of broadcasters.
30.       DirecTV agreed with the preliminary statement in the Notice that "the most economically
feasible means [of delivery of multiple local broadcast signals] is to aggregate signals in each local market at
one point and deliver them over the facilities of an interstate telecommunications carrier to the uplink site(s)"
and co-locate at such a carrier's switching center.  DirecTV provided comments detailing the process needed
to establish a local receive facility, a process they have used to create 27 local receive sites to provide service
to 27 local-into-local markets served since the SHVIA was enacted at the end of November, 1999.  According
to DirecTV, the parameters for construction and designation of a local receive facility include: 1) access to
multiple long distance common carriers for DS-3 or other high-speed digital fiber circuits; 2) access to at least
one local common carrier that can provide TV1 quality digital fiber circuits to most, if not all, television
broadcast stations [in the DMA], and/or local DS-3 circuits, microwave, and broadband analog service as local
conditions may require; 3) access to multiple long distance carriers that can provide a wide area data network
up to 256kb/s as well as dial up voice service must also be available; 4) access to building rooftop with
connecting conduits to support, where needed, good quality over-the-air television reception, microwave links,
and satellite reception; 5) access to a suitable area with connecting conduits to support a satellite downlink
antenna; and 6) access to a suitable area to install equipment to support all local collection, compression,
monitoring, and transmission equipment.  This area must be securable against unauthorized access and have
stable power source and HVAC.  DirecTV also states that local receive facilities must be planned twelve
months in advance.
          1.  Local Receive Facilities
31.       In the definition of "local receive facility" in Section 338(h)(2), the satellite carrier is the entity
authorized to designate the placement of a local receive facility.  If the satellite carrier designates a local
receive facility, the television broadcast stations are required by the statute to bear the costs of delivering a
good quality signal to "the designated local receive facility of the satellite carrier." We find that the statute
expressly provides that the satellite carrier has the right to determine the location of the local receive facility.
We disagree with the proposals offered by AAPTS and Network Affiliates to require a satellite carrier to locate
a receive facility either within the Grade B contour or not more than 50 miles from the community of license
of each of the local stations in a market.  We recognize that in some of the larger DMAs in the western United
States, some broadcast stations may be required to provide their signals over hundreds of miles if the receive
facility is located beyond a local commercial or non-commercial television station's Grade B signal.  We
believe this is the reason Congress provided for an alternative receive facility, as discussed below.  But, we do
not believe it would be consistent with statutory language, which requires the broadcast station to bear the cost
of delivering a good quality signal, to require satellite carriers to bear the cost of erecting additional facilities
to receive signals from stations that are more than 50 miles away from a designated receive point.
32.       With respect to the costs of erecting and maintaining the receive facility itself, we note that
in the cable context, the cable operator pays the costs for signal processing at its principal headend. Given that
the satellite carrier's local receive facility functions like a headend, and is under the carrier's control, we believe
that the satellite carrier has the sole responsibility to pay for the costs of building and maintaining such a
facility.  We also find that the satellite carrier should pay for the costs of constructing and maintaining an
alternative receive facility, as discussed below.  This is appropriate particularly if the alternative facility is
regional, and the satellite carrier benefits from having fewer facilities to build and maintain.
33.       We note that DirecTV and Echostar have already built facilities in a number of television
markets where they now provide local-into-local service. While DirecTV states that twelve months is the
minimum amount of time necessary to establish a receive facility, we believe that the satellite carriers that are
currently providing local-into-local service should not experience any difficulties in carrying local television
stations by January 1, 2002 due to buildout issues. In the future, satellite carriers that enter new markets with
local-into-local service should be able to fulfill their carriage obligations because Section 338 does not impose
carriage obligations until the satellite carrier retransmits at least one local television station, which would
necessitate that the carrier have a receive facility in place or under development before the carriage requirement
is triggered.
34.       We also find, as AAPTS and others suggest, that a satellite carrier should designate the same
receive facility for both retransmission consent and mandatory carriage television stations so as to avoid any
opportunity to assign less convenient facilities to those stations seeking mandatory carriage.
     2.   Alternative Receive Facility
35.       The definition of local receive facility in Section 338(h)(2) strongly suggests that Congress
intended to permit carriers to designate a single point for all local-into-local stations to be received, processed
and retransmitted.  However, the second clause of Section 338(b)(1) provides that, with respect to the costs
of delivering a good quality signal, there may be "another facility that is acceptable to at least one-half the
stations" to which the television broadcast station delivers a good quality signal.  The Notice considered this
other facility as a facility outside the local DMA, perhaps a facility serving a regional area.  Some commenters
agreed that this is the likely meaning of this clause. We note, however, that this is not the only possible
meaning of "another facility."  As DirecTV suggests, the other facility could be an alternative facility, not
necessarily a non-local or regional facility.  Most of the comments on this subject assumed that the other
facility would be a non-local, regional facility established by a satellite carrier and that is acceptable to at least
one-half of the stations asserting the right to carriage.  We focus here on this interpretation and the necessary
rules to implement it, but we do not foreclose the possibility that the creation of an alternative site, whether
local or non-local, can also be consistent with the statutory language. An alternative local receive facility would
be one selected after the satellite carrier has chosen its first designated local receive facility.
36.       AAPTS states that the consent of at least one local NCE station eligible for carriage in the
market should be required before an alternate facility is chosen. Broadcast groups generally assert that non-
local receive sites should not be selected unless the majority of stations in each affected market agree to the
location of the facility.  Echostar argues that it is significantly more burdensome for satellite carriers to seek
the agreement of a majority of stations in each locality than the majority of stations in a particular region.
ALTV states that a non-local receive facility may be established if half the local stations electing mandatory
carriage, rather than retransmission consent, agree to the alternate site.
37.       Under our reading of the phrase "that is acceptable to at least one-half the stations asserting
the right to carriage in the local market," we find that an alternative receive facility may be established if 50%
or more of those stations in a particular market consent to such a site.  As the statute uses the term "local," we
find that the calculation should be based on the majority of stations entitled to carriage in each affected market,
not the aggregate number of stations in all affected markets. Since the "right to carriage" under Section 338
extends, at least initially, to all local television broadcasters, the calculation includes all stations, whether they
elect mandatory carriage or retransmission consent. We disagree, in part, with ALTV, which asserts that a non-
local receive facility may be established if half the local stations electing mandatory carriage, rather than
retransmission consent, agree to the alternate site.  Just as we decide that a satellite carrier should include both
retransmission consent and mandatory carriage local stations on the same designated local receive facility, we
do not distinguish between retransmission consent and mandatory carriage in the determination of an acceptable
alternative receive facility.  We note, however, that if a satellite carrier has both a designated local receive
facility and a non-local or regional receive facility and can accommodate local stations for retransmission into
their local markets at either one, the television station may choose whether to deliver its good quality signal to
one or the other, and must notify the satellite carrier to which one of the facilities it will deliver its signal. Each
local television broadcast station requesting carriage must bear the cost of delivering its good quality signal
to the receive facility.
38.       All stations "asserting a right to carriage," either through retransmission consent or mandatory
carriage, may participate in the consideration of whether an alternative receive facility is acceptable.  We note
that television stations that substantially duplicate other local television stations may not ultimately be carried,
but should, nevertheless, be counted in the 50% of stations that must find the alternative facility acceptable.
For example, if there are 20 stations in a local market that may request carriage, but only 16 that must
ultimately be carried, the satellite carrier must notify all 20 stations of a proposed alternative receive site, and
at least 10 must find the alternative site acceptable.
39.       As several commenters observed, a satellite carrier's local receive facility is the equivalent of
a cable system's headend.  We do not believe that the statute requires, nor that any party contemplates, that
television stations can unilaterally select a site and force a satellite carrier to construct a facility or move its
receive facility there. NAB asserts that the Act contemplates negotiations in which a carrier attempts to
persuade more than half of the stations eligible for carriage to agree to deliver a good quality signal to a
particular location outside the local market. We agree with NAB on this point. If the satellite carrier designates
one local receive facility, 50% or more of the local stations may not demand or require that the satellite carrier
provide an alternative receive facility.  We find that Congress intended that the satellite carrier be part of the
negotiation process concerning the establishment of an alternative receive facility.  Given the costs and steps
involved in creating a receive facility, the satellite carrier is to play a central role in such discussions.  Indeed,
we expect that in most cases, the satellite carrier will be the initiating party seeking to use a non-local or
regional receive facility other than its designated local receive facility and to obtain the consent of at least 50%
of the stations asserting the right to carriage.
40.       As noted above, the statute assigns costs to the broadcaster when providing the satellite carrier
with a good quality signal to either a local or alternative facility.  We agree, therefore, with BellSouth that a
satellite carrier is not obligated to carry a television broadcast station that refuses to pay for the costs of
providing a good quality signal.  For similar reasons, we disagree with Network Affiliates' proposal that if the
carrier uses an alternative facility, which at least half of the local stations find acceptable, then the satellite
carrier should pay the incremental costs of delivering each broadcaster's signal if the alternative facility is more
than 50 miles from the reference point of the station's community of license.
          3.  Notification
41.       We conclude that a satellite carrier should provide local television stations with information
on the location of an existing local receive facility, or where it plans to build a local or alternative receive
facility, before the station makes its election. Advance notice of the receive point location is necessary because
television stations must make arrangements for delivering good quality signals to the receive site.  Advance
notice is also desirable to enable the satellite carrier to negotiate with all the local television stations concerning
alternative receive facilities.  In the event a satellite carrier must select which duplicating station or NCE station
to carry from among several that request carriage, nothing in the statute or our rules prevents the satellite
carrier from taking into consideration which stations that find the satellite carrier's proposed alternative receive
facility acceptable.  As described above, we consider this to be a fair subject for negotiation amongst the
affected parties.
42.       We disagree with DirecTV's argument that satellite carriers not be required to inform local
broadcast television stations of the location of the receive facility until after such stations have notified the
carrier, in writing, that they wish to be carried pursuant to Section 338, and it has been established that they
are otherwise eligible for such carriage.  We see no reason to keep the location of existing designated local
receive facilities or planned sites a secret.  We agree with the suggestion of other commenters that the satellite
carrier should designate the local receive facility in its carriage agreements with local television stations or, in
the mandatory carriage situation, provide notice to the affected stations as to the location of the local receive
facility.
43.       Satellite carriers must be afforded a reasonable period of time to finalize arrangements for the
location of the local receive facility in order to meet the January 1, 2002 deadline. Any delays by local
television stations will work against a satellite carrier meeting its carriage obligations in a timely manner, which
ultimately works against the television stations and viewers, as well.  Therefore, when a satellite carrier has
a designated local receive facility to which local stations seeking carriage must deliver a good quality signal,
the carrier must make the location of this facility known by June 1, 2001 for the first election cycle, and at least
120 days prior to the commencement of all election cycles thereafter. The means by which television stations
are notified is left to the discretion of the satellite carrier.
44.       BellSouth suggests that a carrier should give local television stations 90 days notice before
it moves a local receive facility in order to protect the legitimate interests of television stations and to avoid
service disruption to subscribers.  We agree, in principal, with BellSouth's proposal. Generally, a satellite
carrier may relocate the designated local receive facility every three years coinciding with the election cycle.
We believe that satellite carriers should have the flexibility to change their designated local receive facility or
alternative facility, and will require 60 days advance notice to all local stations. We are concerned, however,
that the relocation of a local receive facility may make it more difficult for some television stations to pay the
costs of delivering a good quality signal. Therefore, if a satellite carrier decides to relocate the designated local
receive facility during an election cycle, it should pay the television stations' costs to deliver a good quality
signal to the new location. With respect to moving the alternative facility, the new location must be acceptable
to at least half of the local stations entitled to carriage in the local market.  Obtaining such agreement may
require more than 60 days notice, and the satellite carrier may find it necessary to plan for a new alternative
facility with additional advance notice.  A satellite carrier may not require local stations to deliver their signals
to a new alternative facility unless and until at least 50% of the stations agree to the new facility.
          4.  Process
45.       The Notice requested comment on the process by which broadcast television stations agree
to the establishment and location of an alternative receive facility.  NAB urges the Commission to establish
a complaint process whereby stations in the minority of a determination of an acceptable alternative receive
facility can protest if they believe the designation of a non-local receive facility site would undermine or evade
the mandatory carriage requirements. BellSouth disagrees with this suggestion because under Section
338(b)(1), the stations' vote decides the issue, and there is no statutory basis for Commission action to review
or reverse this process.  AAPTS responds by stating the Commission has the authority to create remedial
processes that are not expressly mandated by statute.
46.       We decline to establish a special complaint standard or process for disputes concerning
alternative receive facility disputes. To the extent a television broadcast station believes its right to carriage
has been denied because fewer than 50% of the relevant stations agreed to an alternative site, such claims may
be raised in a mandatory carriage complaint. If there is no dispute that 50% or more of the local stations that
could assert mandatory carriage have agreed to an alternative site, then we see no issue that would require our
intervention.
47.       We find that the negotiations and arrangements among local television broadcast stations and
satellite carriers with respect to agreeing upon an alternative local receive facility are generally intended to be
a voluntary process.  We also decline to adopt a good faith test to be used in the context of receive point
negotiations.
          5. Good Quality Signal
48.       Standard. In the Notice, we inquired about the "good quality signal" mandate in Section 338.
Under the current cable carriage regime, television broadcast stations must deliver either a signal level of -45dBm
for UHF signals or -49dBm for VHF signals at the input terminals of the signal processing equipment, to be
considered eligible for carriage. We sought comment on whether the signal quality parameters under Section 614
and the Commission's cable regulations are appropriate in the satellite carriage context.
49.       DirecTV states that the Commission should define "good quality signal" as one that will
facilitate efficient MPEG compression of all channels.  DirecTV proposes that the signal must meet the
requirements of GR-338 CORE, TV1 for <20 route miles.  It states that the "<20 route miles" specification
contains essential elements that are necessary for the digital video compression equipment used in DBS
systems. DirecTV also argues that the Commission should require a television broadcast station to contract
with a local telecommunications common carrier to lease a dedicated TV1-quality fiber circuit from the
broadcast station to the satellite carrier's local receive facility. We decline to adopt DirecTV's good quality
signal proposals for several reasons.  First, we believe that the TV1 standard is too rigid a construct.
Specifically, a signal-to-noise ratio of +67 dB cannot be easily implemented by most television broadcast
stations.  Broadcasters do not have to meet such exacting ratios and levels when delivering signals to a cable
operator's headend to qualify for carriage.  Moreover, as NAB points out, satellite carriers, such as Echostar,
have been retransmitting local television signals that they have received over-the-air without much concern
about signal quality. We also note that it would be prohibitively expensive for a small television station to
lease a dedicated TV1 circuit from a telecommunications carrier. It is not our intention to impose inordinate
costs on small television stations that would prevent them from being carried by a satellite carrier.
50.       We decide to apply the current good quality signal standards applicable in the cable context
to satellite carriers, as suggested by ALTV. The standards that have been applied to cable operators have
functioned well since the inception of the statutory cable carriage requirements seven years ago. No evidence
has been presented suggesting the cable signal quality standard will not prove equally satisfactory in the
satellite context. We believe that the application of the current good quality signal standards will provide parties
with a workable, tested standard.
51.       Christian Television Network ("CTN") argues that the good quality signal standard should
not be premised on off-air signal strength, but should turn on the quality of the picture delivered by any means.
AAPTS also states local stations that cannot provide a good quality signal to the local receive facility over-the-
air should be permitted to deliver the signal in another way.  We agree with these commenters that television
stations may use any delivery method to improve the quality of their signals to the satellite carrier. A television
station may use microwave transmissions, fiber optic cable, or telephone lines as long as they pay for the costs
of such delivery mechanisms. Such alternative delivery methods are sanctioned under the cable carriage rules
and should be applicable in the satellite carriage context.
52.       Carriage of Television Stations With Disputed Signal Quality. In the Notice, we recognized
that a broadcaster not providing a good quality signal to a cable system headend is not qualified for carriage.
In this situation, a cable system is under no obligation to carry such a signal, but the broadcaster has an
opportunity to provide equipment necessary to improve its signal to the requisite level and gain carriage rights.
We sought comment on whether Congress intended the same result for broadcasters that do not provide a good
quality signal to the local satellite receive facility.
53.       ALTV, AAPTS, and Network Affiliates agree that a satellite carrier may insist that a station
cover the costs of delivering a good quality signal; they argue, however, that a satellite carrier cannot refuse
to carry a television station just because its signal is less than adequate. NAB comments that satellite carriers
operating under Section 338, unlike cable systems operating under Sections 614 and 615, do not have the
option of holding a station's carriage "hostage" during a dispute about a good quality signal.  It posits that
even if the Commission had the power to allow carriers to do so, it should decline that invitation, since a
litigious satellite carrier could, as a practical matter, unilaterally postpone the effective date of the Section 338
requirements for long periods by dragging out Commission and court enforcement proceedings.  Conversely,
DirecTV and LTVS assert that a satellite carrier may refuse to carry a station that fails to provide a good
quality signal to the local receive facility.  LTVS adds that the satellite carrier should first notify the broadcast
station of the deficient signal, including measurements and relevant data, and then discontinue carriage if the
broadcaster fails to improve the signal quality.
54.       We disagree with the broadcast groups on this issue.  We first observe that the statute does
not affirmatively instruct satellite carriers to carry television stations that do not provide a good quality signal.
Rather, Section 338 only provides that a television station is responsible for the costs of delivering a good
quality signal.  Given the absence of a statutory directive, we must interpret Section 338 in a manner that is
both reasonable and consistent with current law.  We also find that it would be contrary to the public interest
to require satellite carriers to carry television stations that provide a poor quality signal.  The principle reason
underlying this decision is that satellite subscribers would not benefit from receiving a television signal that is
of poor quality. In this instance, we believe that satellite subscribers would rather subscribe to cable or receive
the signals over-the-air rather than pay for inadequate television signals retransmitted by a satellite carrier.
Moreover, cable operators are not required to carry poor quality signals under Sections 614 and 615 of the Act.
Noting the SHVIA's directive in establishing comparable carriage requirements between satellite carriers and
cable operators, we should not require the carriage of poor quality signals under Section 338.  We note that
our findings here do not relieve the satellite carrier of its obligations to carry television signals where it provides
local-into-local service. Rather, the satellite carrier does not have an obligation to carry television stations until
they voluntarily pay and provide a good quality signal.
55.       Good Signal Quality Measurement and Testing. With respect to the manner of testing for
a good quality signal, we note that the Commission has adopted a method for measuring signal strength in the
cable carriage context.  Generally, if a test measuring signal strength results in an initial reading of less than
-51 dBm for a UHF station, at least four readings must be taken over a two-hour period.  If the initial readings
are between -51 dBm and -45 dBm, inclusive, readings must be taken over a 24-hour period with measurements
not more than four hours apart to establish reliable test results.  For a VHF station, if the initial readings are
less than -55 dBm, at least four readings must be taken over a two-hour period.  Where the initial readings are
between -55 dBm and -49 dBm, inclusive, readings should be taken over a 24-hour period, with measurements
no more than four hours apart to establish reliable test results. The Commission stated that cable operators
are further expected to employ sound engineering measurement practices when testing signal strength.  We
sought comment on whether we should require the same signal testing practices for measuring a broadcaster's
signal strength in the satellite context.
56.       LTVS states that the signal testing practices used in the cable context should apply in the
satellite context. NAB proposes adding "additional safeguards" to the signal testing process, such as
permitting local stations to observe measurement procedures and requiring use of independent engineers to
conduct tests. NAB also advocates that the good quality signal requirements for satellite carriers should
incorporate the various findings in Commission rulings in the cable context, such as the requirement that an
operator use actual field measurements, rather than computer predictions, to measure a television station's
signal. BellSouth argues that NAB provides no support for imposing more stringent requirements on satellite
carriers than on cable systems. BellSouth also argues that like cable systems, satellite carriers should
cooperate in testing the signal quality delivered by television stations to the satellite carrier's local receive
facility.
57.       We believe that the signal testing practices in the cable carriage context should be generally
applied in the satellite carriage context. The Commission developed its engineering standards through
experience in adjudicating signal quality disputes between cable operators and television broadcast stations.
In this instance, commenters have not provided any arguments or data suggesting that the cable practices and
engineering standards would be unsuited for satellite carriers.  As for NAB's call for additional safeguards,
we find that such engineering and procedural processes should not be implemented as regulatory requirements.
Instead, the parties should look to precedent as useful guidance. With regard to testing fees, we believe that the
television broadcast station should pay for signal tests.
58.       At the same time, however, we note that the satellite carrier's local receive facility may not
have a tower with broadcast station reception equipment mounted onto it like that is found at a cable system's
principal headend.  It has been standard practice among cable operators and broadcasters to test a television
station's signal strength at the tower site.  To remedy this situation, we strongly recommend that satellite
carriers and broadcasters follow the testing procedures for field strength measurements found in Section
73.686(b)(2) of the Commission's rules, in addition to following the good engineering practices established in
the cable context.  These rules, we believe, will serve as an adequate proxy for conducting signal
measurements in lieu of an actual tower.
     E.  Duplicating Signals
59.       Definition.  Section 338(c)(1) states that:
     Notwithstanding subsection (a), a satellite carrier shall not be required to carry upon request the signal
     of any local commercial television broadcast station that substantially duplicates the signal of another
     local commercial television broadcast station which is secondarily transmitted by the satellite carrier
     within the same local market. . . .
In the Notice, we asked several definitional questions concerning this phrase.
60.       Section 614(b)(5) provides that a cable operator is not required to carry the signal of any local
commercial television station that substantially duplicates the signal of another local commercial television
station which is carried on its cable system, or to carry the signals of more than one local commercial television
station affiliated with a particular broadcast network. The Commission decided that, based on the legislative
history of this section, two stations "substantially duplicate" each other "if they simultaneously broadcast
identical programming for more than 50 percent of the broadcast week."  For purposes of this definition,
identical programming means the identical episode of the same program series. Section 615(e) provides that
cable operator with cable system capacity of more than 36 usable activated channels, and carrying the signals
of three qualified NCE stations, is not required to carry the signals of additional stations the programming of
which substantially duplicates the programming broadcast by another qualified NCE station requesting
carriage. The 1992 Cable Act states that substantial duplication was to be defined by the Commission in a
manner that promotes access to distinctive noncommercial educational television services. The Commission
concluded that an NCE station does not substantially duplicate the programming of another NCE station if at
least 50 percent of its typical weekly programming is distinct from programming on the other station either
during prime time or during hours other than prime time.  We sought comment on whether the Commission
should apply the cable carriage duplication definitions to satellite carriers under Section 338.
61.       DirecTV proposes that the definition of "substantial duplication," as employed in Section
338(c), should include identical programming, whether broadcast simultaneously or not, of either 50 percent
or more of a television broadcast station's total weekly programming, or 50 percent or more of its prime-time
programming. Network Affiliates argue that substantial duplication should be found only where there is an
overlap in the Grade B contours of the stations in question.  According to Network Affiliates, where there is
no Grade B overlap between the stations, the stations' signals should not be deemed to substantially duplicate
each other and should be entitled to carriage. We do not find that these commenters have presented persuasive
evidence as to why the cable standard is not suited for satellite carriers.  Their proposals are also contrary to
the purpose of the Act. DirecTV's proposal would winnow away a television station's right to carriage and
would unduly expand the substantial duplication exception beyond what was intended by Congress.  If the
Network Affiliates' suggestion were adopted, we believe that the statutory duplication provision would be
eviscerated, as there would be no station in a particular market that would duplicate another.
62.       Accordingly, we will apply the duplication standards for commercial television stations, set
forth in the cable operator context, to satellite broadcast signal carriage as suggested by ALTV, NCTA, and
LTVS.  That is, two commercial television stations substantially duplicate each other if they simultaneously
broadcast identical programming for more than 50 percent of the broadcast week. The cable duplication
provisions for commercial television stations have been in effect for the last seven years, without much
controversy, and there is no reason to believe that they will be difficult to implement in the satellite carriage
context.
63.       We note, however, that due to the fundamental operational differences between cable systems
and satellite service, a satellite carrier may choose which duplicating signal it is not required to carry.  This
policy differs from the cable duplication rules where an operator must carry the station that is closest to its
principal headend. Since there are no "headends" in the satellite carriage context, that are relevant to the
question of which stations in a particular market to carry, comparable rules in this specific instance should not
be implemented.  Absent an analogous headend standard or statutory guidance, we believe the public interest
is best served by permitting satellite carriers to determine which stations to offer their subscribers.
64.       DirecTV argues that, in addition to its ability to deny carriage of duplicative stations in the
first instance, a satellite carrier should be permitted to remove a television broadcast station from its line-up
if it begins to substantially duplicate its programming after carriage of the station has commenced.  We agree
with DirecTV on this point.  If the substantial duplication criteria are satisfied, a satellite carrier is permitted
to drop that television station from its channel line-up.  If this situation arises, however, we require the satellite
carrier to notify the station, and its subscribers, in a timely manner prior to its removal from the relevant local-
into-local channel line-up.  By the same token, we also find that a satellite carrier must begin carrying a
television station that stops duplicating another local television station.  When this circumstance presents itself,
the station shall use the same procedures to establish carriage as permitted for new television stations under
Section 76.66.
65.       We sought comment on the phrase, "affiliated with a particular television network." In this
situation, we asked what definition of "television network" applies because that term is not specifically defined
in Section 338. We asked whether we should implement the definition of television network found in Section
339 of the Act, the SHVIA's distant signal carriage provision, for the purposes of administering the Section
338 duplication provision. BellSouth, NCTA, and LTVS all agree that the definition in Section 339(d) is
acceptable.  Given the parties assent to the inclusion of the Section 339 definition, and the lack of opposition,
we adopt this definition for the purpose of the substantial duplication analysis.
66.       We now turn to the second part of Section 338(c)(1): "Notwithstanding subsection (a), a
satellite carrier shall not be required to carry upon request the signal of any local commercial television
broadcast station that substantially duplicates the signal of another local commercial television broadcast
station which is secondarily transmitted by the satellite carrier within the same local market or to carry upon
request the signals of more than one local commercial television broadcast station in a single local market
that is affiliated with a particular television network unless such stations are licensed to communities in
different states." (emphasis added).  We find that this part of the provision dictates three results. First, satellite
carriers are not obligated to carry more than one network affiliate in a television market when both affiliates
are licensed to communities in the same state, even if the affiliates do not substantially duplicate their
programming.  This is analogous to the cable rule stating that a cable system need only carry the network
affiliate closest to the principal headend. In this context, a satellite carrier may select which network affiliate
it wants to carry.  Second, a satellite carrier must carry network affiliated television stations licensed to
different states, but located in the same market, even if they meet the definition of substantial duplication under
the Commission's rules. An example of this situation is WMUR and WCVB.  Both are ABC network affiliates,
but the former is licensed to Manchester, New Hampshire, while the latter is licensed to Boston,
Massachusetts.  Under Section 338(c)(1), the satellite carrier would be obligated to carry both. Third, if two
television stations located in different states (but within the same "local market") duplicate each other, but are
not network affiliates, the satellite carrier only has to carry one.  For example, if there are two Home Shopping
Network station affiliates in the same market, but located in different states, the satellite carrier need not carry
both because the Home Shopping Network is not a television network under our definitional rule.
67.       Different States Examples.  In the Notice, we inquired about the application of the statutory
phrase, "communities in different states." Congress stated that this phrase addresses unique and limited cases,
including such station pairs as WMUR (Manchester, New Hampshire) and WCVB (Boston, Massachusetts)
in the Boston DMA (both ABC affiliates), cited above, as well as WPTZ (Plattsburg, New York) and WNNE
(White River Junction, Vermont) in the Burlington-Plattsburgh DMA (both NBC affiliates), in which
mandatory carriage of both duplicating local stations upon request assures that satellite subscribers will not
be precluded from receiving the network affiliate that is licensed to a community in the state in which they
reside.  We asked whether there were other similar situations that must be addressed and accounted for.
68.       According to DirecTV, Congress sought to create only a very narrow exception to the general
rule that satellite carriers shall not be required to carry duplicative signals   one that applies in "unique and
limited cases."  DirecTV argues that the Commission must implement this provision in the limited manner that
Congress intended--in no case should the Commission infer additional authority to address "similar situations."
We infer no such additional authority. NAB asserts that there is no conflict between the Act and the Conference
Report on this issue: the Act reaches any instance in which two affiliates of the same network are licensed to
different states but within the same local market. According to NAB, while these instances are no doubt
"unique and limited," as the Conference Report indicates, the Act is not restricted to the particular examples
mentioned in the Conference Report. We agree with NAB. The reference in the legislative history, cited above,
merely states known examples.  It cannot be read to limit the phrase's application to only the noted examples.
69.       National Programming. DirecTV argues that it would make no sense for the Commission to
mandate carriage of local affiliates if they substantially duplicate the programming provided by the same
channel that is carried nationally.  NAB argues that the term "another local commercial television broadcast
station" in Section 338's duplication provision cannot be read to mean a non-local TV station or non-broadcast
satellite channel. We disagree with DirecTV's position here. The relevant statutory provision is specifically
an intra-market exemption, directly referring to situations where "local" television stations duplicate each other.
Congress did not intend for national programming to be considered in the duplication analysis, otherwise it
would have so stated.  If we were to adopt DirecTV's position, local television stations that carry Univision
or Telemundo Spanish language programming, for example, would not have to be carried by satellite carriers
because their national feeds are already carried. In so doing, we would obviate the statute's focus on localism.
F.  Noncommercial Educational Television Station Carriage Issues.
70.       Section 338(c)(2) states that: "The Commission shall prescribe regulations limiting the
carriage requirements under subsection (a) of satellite carriers with respect to the carriage of multiple local
noncommercial television broadcast stations.  To the extent possible, such regulation shall provide the same
degree of carriage by satellite carriers of such multiple stations as is provided by cable systems under Section
615."  Section 615(l)(1), in turn, provides that a local noncommercial educational television ("NCE") station
qualifies for cable carriage rights if it is licensed by the Commission as an NCE station and if it is owned and
operated by a public agency, nonprofit foundation, or corporation or association that is eligible to receive a
community service grant from the Corporation for Public Broadcasting. For purposes of cable carriage, an
NCE station is considered local if its community of license is within 50 miles of, or the station places a Grade
B contour over, the principal headend of the cable system. Cable systems are required to carry local
noncommercial educational television stations under a statutory provision based on a cable system's number of
usable activated channels.  As part of our inquiry regarding Section 338's duplication provision, we sought
comment on the scope of a satellite carrier's obligations with regard to noncommercial educational television
stations. We also asked whether we should adopt procedural rules for the carriage of NCE television stations
to mirror the cable carriage requirements.
71.       AAPTS argues that the duplication provision is the only limitation on local NCE station
carriage contemplated by SHVIA.  AAPTS argues that Congress intended for eligible local NCE stations to
be carried whenever a satellite carrier system is providing local-into-local service in a particular market.  On
the opposite side, DirecTV and Echostar assert that the Commission should limit satellite carriage of NCE
stations in a manner consistent with a carrier's technical limitations and other factors that differentiate the
satellite industry from the cable industry. For example, EchoStar argues that no more than 2% of a satellite
carrier's total channel capacity (i.e., 6 channels nationwide for a system of 300 channels) should be devoted
to local noncommercial station carriage. DirecTV submits that satellite carriers should only be required to
carry a number of NCE stations that would bring the total number of NCE channels (defined to include national
educational channels) available in a local market to a maximum of four percent of the local required channels
offered by the satellite carrier in the market.  According to DirecTV, none of these channels should
substantially duplicate programming that is offered on another channel already carried in the market.
72.       We find that the NCE carriage formulations proposed by DirecTV and Echostar would deprive
satellite subscribers of access to local noncommercial television stations in those markets where local-into-local
service is offered. While we recognize that satellite carriers provide a national service, their proposals would
vitiate the intent of Congress in promoting carriage of local NCE stations. Instead, we agree with AAPTS that
the duplication provision is the only limitation on NCE carriage contemplated by Congress when it promulgated
Section 338. Therefore, a satellite carrier must carry all non-duplicative NCE stations in markets where they
provide local-into-service. Section 338 instructs the Commission to implement NCE station carriage
requirements providing the same degree of carriage by satellite carriers as is required by cable systems under
Section 615 of the Act.  Cable systems with more than 36 channels are required to carry all non-duplicative
NCE stations. Given that satellite carriers have more than 36 channels, we hold that satellite carriers' NCE
station carriage obligations should be comparable to the requirements imposed on cable operators.
73.       At the same time, we recognize that Section 338 requires the Commission to limit the carriage
of multiple NCE stations in markets where local-into-local service is provided.  It is important to note that this
instruction was embedded in the NCE duplication provision of Section 338.  Against this backdrop, we adopt
a limitation principle based upon duplicative programming. Using the NCE station duplication definition found
in the cable context as a general model, we have developed a two step approach in defining substantial
duplication in this context. First, a noncommercial television station substantially duplicates the programming
of another noncommercial station if it simultaneously broadcasts the same programming as another
noncommercial station for more than for more than 50 percent of prime time, as defined by 76.5(n), and more
than 50 percent outside of prime time over a three month period. After three noncommercial television stations
are carried, the test of duplication shall be whether more than 50 percent of prime time programming and more
than 50 percent outside of prime time programming is duplicative on a non-simultaneous basis. As for the
timeframe of when to measure duplication, we find that the amount of duplicative prime-time weekly
programming broadcast should be examined over the course of three month period.  The end of the three month
period must fall within 30 days prior to the date the satellite carrier notifies the NCE station that it is denying
or discontinuing carriage based on substantial duplication.  The amount of duplicative weekly programming
broadcast outside of prime time will be measured over the same period.  Only if the station duplicates more
than 50 percent of the other station's weekly programming in both of these respects can it be denied carriage.
We believe this approach is a reasonable means of achieving the statutory goal of implementing an NCE
carriage obligation for satellite carriers that parallels the existing cable carriage requirement, and takes into
account, "to the extent possible," the other relevant technical and legal constraints.  In reaching this balance,
we note in particular that, unlike satellite carriers, cable operators are generally required to carry up to three
local noncommercial educational stations regardless of the duplication involved.  However, unlike satellite
carriers, cable operators need not carry all NCE stations licensed to communities in an expansive DMA, but
need only carry those NCE stations within 50 miles of the cable system principal headend or which place a
Grade B service contour over the principal headend.  The rule adopted attempts to balance these differences
in a practical way using the avoidance of duplication mechanism identified in Section 338(c) of the SHVIA.
74.       Public Interest Set-Aside.  DirecTV and BellSouth have suggested that local NCE station
carriage should be capped by the 4% set-aside requirement pursuant to Section 335 of the 1992 Cable Act and
the Commission's rules.  AAPTS urges the Commission to reject the DBS industry's attempt to use the
national public interest set-aside requirement to limit NCE carriage obligations.  According to AAPTS, the
satellite carriers' attempt to cap their carriage requirements through their public interest obligations confuses
two separate statutory schemes: (1) the DBS set-aside for national, noncommercial educational programming,
designed primarily to satisfy DBS public interest obligations; and (2) the satellite carriage obligations, triggered
only when a satellite carrier offers local channels to its subscriber's pursuant to the compulsory license.
75.       We will not permit satellite carriers to include NCE stations, carried under Section 338, in the
calculation of the 4% set-aside. We agree with AAPTS that the carriage requirements of the SHVIA have
different purposes from the set-aside requirements contained in the satellite public interest provisions. The
Section 338 provisions further the goals of localism and nondiscriminatory treatment of local television stations
while Section 335 furthers the goal of program diversity. In this regard, we are concerned that if a satellite
carrier were permitted to satisfy the public interest set-aside with NCE stations, programming diversity would
be diminished because all programming currently carried to satisfy the set-aside will likely be dropped in lieu
of NCE station carriage. Section 335 would also be rendered a nullity if NCE stations, carried under a
different statutory section, were allowed to satisfy the set-aside obligations. Moreover, public interest set-aside
programming must be made available to all subscribers of a satellite carrier without additional charge. This
is a condition that cannot be met through the carriage of NCE stations under the SHVIA because the
compulsory license prohibits satellite carriers from offering a local NCE station signal to subscribers in a non-
local market. In this context, it is also important to note that cable operators have carriage obligations under
Title VI that are mutually exclusive. For example, cable operators have an obligation to establish public,
educational, and government access ("PEG") channels under Section 611 of the Act and pursuant to a local
franchising agreement. We note that in this context, a cable operator cannot unilaterally satisfy its PEG
requirements by carrying NCE stations under Section 615.
76.       PBS Feed.  KQED requests the Commission to clarify that satellite carriers may not avoid
their local NCE station carriage obligations simply by carrying the national PBS satellite feed.  According to
KQED, the national PBS feed was intended as an interim measure to facilitate the satellite industry's ability
to offer public television service to their subscribers while the industry organized to comply with Section 338.
On this point, we note that the statutory copyright license for the PBS feed expires on January 1, 2002. This
expiration date coincides with the onset of the Section 338 obligations for satellite carriers. The SHVIA
purposefully instituted a phase-out and phase-in with regard to the two compulsory license provisions so that
satellite subscribers, in markets with local-into-local service, would have continuous access to public
broadcasting programming.
     G. Channel Positioning
77.       Placement.  Section 338(d) of the Communications Act states that:
     No satellite carrier shall be required to provide the signal of a local television broadcast station to
     subscribers in that station's local market on any particular channel number or to provide the signals
     in any particular order, except that the satellite carrier shall retransmit the signal of the local television
     broadcast stations to subscribers in the stations' local market on contiguous channels and provide
     access to such station's signals at a nondiscriminatory price and in a nondiscriminatory manner on any
     navigational device, on-screen program guide, or menu.
The Conference Report notes that the obligation to carry local stations on contiguous channels is to ensure that
satellite carriers position local stations in a way that is convenient and practically accessible for consumers.
We stated in the Notice that the statutory directive for channel positioning confirms that satellite carriers are required
to present local broadcast channels to satellite subscribers in an uninterrupted series.  We sought comment, however,
on whether broadcast signals carried under retransmission consent must be contiguous with the television stations
carried under Section 338 or whether they may be presented to satellite subscribers in a non-contiguous manner.
78.       ALTV submits that the signals of all local television stations, including retransmission consent
stations, must be provided on contiguous channels. AAPTS argues that local broadcast signals are to be
grouped together regardless of their regulatory status because such grouping makes all local signals more easily
accessible to viewers. NAB suggests that all stations should appear on channel numbers that are in the order
in which the stations appear to the over-the-air receiver. BellSouth argues against requiring contiguous channel
location for retransmission consent stations. It also asserts that Section 338(d) is explicit that a satellite carrier
cannot be required to provide carry mandatory carriage stations in any particular order.
79.       DirecTV urges the Commission to interpret the term "contiguous" as allowing satellite carriers
to form channel "neighborhoods" of local television broadcast stations which consist of contiguous channels,
but some of which remain vacant.  ALTV believes that this proposal is consistent with the contiguous channel
requirement provided that all local stations' signals are carried in an uninterrupted series with no intervening
channels of programming.  NAB does not object to DirecTV's "neighborhood" proposal, provided that: (1)
the neighborhood includes all the local television stations, including retransmission consent television stations;
(2) the television stations are listed in the same order as their over-the-air channel numbers, and (3) the
neighborhood includes only local TV stations.
80.       Based on the language of the statute, we find that the channel placement provision
encompasses all local television stations. Therefore, a satellite carrier is obligated to carry both retransmission
consent stations and mandatory carriage stations in a block on the satellite carrier's channel line-up.  We find
that DirecTV's neighborhood proposal is consistent with the statutory language as long as the local channel
block is not interrupted by non-local programming. We do not believe, however, that the statute requires a
satellite carrier to place local television stations in any particular order.  Such restrictive language is not found
in Section 338(d).
81.       Nondiscriminatory Program Guide Treatment. In the Notice, we sought comment on the
phrase, "provide access to such station's signals. . . . in a nondiscriminatory manner on any navigational
device, on-screen program guide, or menu." We specifically sought comment on what rules the Commission
should develop to ensure that television stations are accessible to satellite subscribers on nondiscriminatory
terms. We asked whether there were any existing Commission rules that we may use as a model to develop
regulations for this particular situation. We also sought comment on whether Congress meant that electronic
program guide information concerning required television station signals should be presented to subscribers
in the same fashion as other programming services provided by the satellite carrier.
82.       AAPTS urges the Commission to adopt nondiscrimination rules that parallel the open video
system ("OVS") requirements.  It argues that such rules should ensure that all television broadcast stations,
including NCE stations, are represented in a nondiscriminatory fashion on the electronic program guide, menu,
and/or navigation device provided by the satellite carrier. NAB provides a list of suggestions regarding how
satellite carriers should treat television stations to achieve the statute's objectives. One of those examples is
to "bar satellite carriers from requiring viewers to take extra steps (e.g., mouse or remote control clicks) to
obtain access to particular local stations, or from placing 'carry one, carry all' stations on different screens."
We find that the broadcasters' suggestions are too restrictive to be implemented.  The open video system model,
as BellSouth points out, is a statutory creation with unique requirements and characteristics not meant to be
transferred to other contexts.  The open video system requirements address access to a video delivery platform
where two-thirds of system capacity must be made available at a nondiscriminatory price to outside
programmers. The OVS provisions do not directly address concerns involved here, such as nondiscriminatory
treatment on an electronic program guide. We also find that NAB's proposals involve too much detail to be
implemented as rules.  We do not believe that Congress meant to bar satellite carriers from requiring viewers
to take extra steps to reach a local television station on an electronic program guide, when it promulgated the
SHVIA.
83.       In this context, we hold that a satellite carrier should treat all local television stations on EPGs
in the same manner. Program guide presentation and information about a local independent television station,
or an NCE station, should be similar to that given to a local network affiliate carried under retransmission
consent. This requirement is similar to the statute's treatment of television station picture quality under the
material degradation provisions, discussed below.
84.       Nondiscriminatory Price. In the Notice, we inquired about the statutory phrase, "provide
access to such station's signals at a nondiscriminatory price," and asked whether Congress meant that television
station signals carried pursuant to mandatory carriage requests may cost no more per channel to subscribers
than packages of retransmission consent television station signals or other satellite service packages. In
response to this inquiry, ALTV and NAB assert that all local signals should be included in a single package.
AAPTS asserts that NCE mandatory carriage television stations should be offered as part of the existing local
broadcast signal package without any additional cost to the subscriber. BellSouth argues that a satellite carrier
has the right to place local television signals on a pay tier, an enhanced service tier, or any other tier of service,
as long as all local television stations are on this tier and the viewing of no one station costs the viewer more
than the viewing of any other station in the DMA. Echostar comments that one of the crucial differences
between cable and satellite carriers is that the latter do not have obligations as to the tier in which local signals
are to be offered.  It states that channel placement requirements of Section 338 cannot be used as a lever to
impose such obligations on satellite carriers.
85.       We do not believe that the statute requires satellite carriers to sell all local television stations
as one package to subscribers.  As Echostar points out, Congress did not intend to establish a basic service tier-
type requirement for satellite carriers when it implemented Section 338. Nor did Congress explicitly prohibit
the sale of local television station signals on an a la carte basis.  Rather, Section 338's anti-discrimination
language prohibits satellite carriers from implementing pricing schemes that effectively deter subscribers from
purchasing some, but not all, local television station signals.  Thus, we find that a satellite carrier must offer
local television signals, as a package or a la carte, at comparable rates.
86.       ALTV and NAB asks the Commission to rule that no new equipment should be required to
access some, but not all of the local signals in a market.  According to ALTV, such a pronouncement is
necessary to prevent discriminatory treatment of mandatory carriage television stations. NAB also suggests
that satellite carriers should be barred from placing mandatory carriage television stations on any satellite that
would require a subscriber to purchase another dish to receive such signals.  BellSouth agrees in principle
noting that the channel placement provisions of Section 338 were designed to ensure that dominant stations in
a DMA receive no better carriage treatment than other stations. On the other hand, Echostar comments that
one of the obligations advocated by the NAB   that the local stations be available from the same orbital
location   is tantamount to a provision that had been included in draft legislation prior to the passage of
SHVIA.  Echostar states that such provision, which was dropped from the final version of Section 338, would
have barred satellite carriers from transmitting local stations in a manner that would require additional
reception equipment. Echostar argues that the Commission cannot implement a rule similar to this provision
when Congress decided not to include such a requirement in the SHVIA.
87.       We find that the language of Section 338(d) covers the additional equipment concerns raised
by the parties and bars satellite carriers from requiring subscribers to purchase additional equipment when
television stations from one market are segregated and carried on separate satellites. However, we are not
prohibiting a satellite carrier from requiring a subscriber to pay for an additional dish in order to receive all
television stations from a single market. For example, DirecTV may require an additional dish to receive all
television stations from the Baltimore market, but it may not require subscribers to purchase the same to
receive some Baltimore stations where the others are available using existing equipment.
     H. Content To Be Carried
88.       Programming in the Vertical Blanking Interval.  Section 338(g) states that, "The regulations
prescribed [under Section 338] shall include requirements on satellite carriers that are comparable to the
requirements on cable operators under Sections 614(b)(3). . . .and 615(g)(1)."  Section 614(b)(3) states that:
     A cable operator shall carry in its entirety, on the cable system of that operator, the primary video,
     accompanying audio, and line 21 closed caption transmission of each of the local commercial television
     stations carried on the cable system and, to the extent technically feasible, program-related material
     carried in the vertical blanking interval ["VBI"] or on subcarriers.  Retransmission of other
     nonprogram-related material (including teletext and other subscription and advertiser supported
     information services) shall be at the discretion of the cable operator.  Where appropriate and feasible,
     operators may delete signal enhancements, such as ghost canceling, from the broadcast signal and
     employ such enhancements at the system headend or headends.
Section 615(g)(1), which is the noncommercial equivalent of the commercial television station provision in
Section 614(b)(3), states that:
     A cable operator shall retransmit in its entirety the primary video, accompanying audio, and line 21
     closed caption transmission of each qualified local noncommercial educational television station whose
     signal is carried on the cable system, and, to the extent technically feasible, program-related material
     carried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of
     programming by handicapped persons or educational or language purposes.  Retransmission of other
     material in the vertical blanking interval or on subcarriers shall be within the discretion of the cable
     operator.
We sought comment on the applicability of these two similar cable requirements in the satellite carriage
context, especially in light of the term "comparable" contained in Section 338(g), above.  We note that the VBI
contained in a television broadcast's signal is composed of many lines of information.  Our concern here is with
those lines of the VBI where certain types of data, such as closed captioning information, are found. We also
note that a satellite carrier does not retransmit VBI information as it is received.  Rather, it converts the data
from an analog to a digital form and carries such data as a digital stream to the subscriber's home.  The set-
top box then converts the digital stream and makes the data available for subscriber use.
89.       Several commenters argue that the Commission should apply the applicable cable provisions
to satellite carriers. NAB comments that satellite carriers should carry whatever information the broadcaster
may have embedded in its analog VBI. BellSouth, however, seeks to limit the content-to-be-carried
requirements for satellite carriers to only closed captioning information until the technical feasibility of other
applications can be tested and agreed to on a case-by-case basis. We will apply the current cable content-to-
be-carried requirements to satellite carriers. We are not persuaded that satellite carriers are unable to carry the
relevant data currently contained in the VBI. Nor has any satellite carrier proffered a credible argument as to
why we should treat them differently from cable operators in this context.  We therefore require satellite
carriers to carry the same program-related vertical blanking information as cable operators, including but not
limited to, closed captioning, Nielsen rating codes, V-chip information and for NCE stations, material
necessary for the receipt of programs by people with disabilities as well as education and language-related
material. We believe our decisions here will further the goals of the SHVIA and are consistent with the cable
television requirements.
90.       Program-Related.  In the Broadcast Signal Carriage Order, the Commission decided that
the factors enumerated in WGN Continental Broadcasting, Co. v. United Video Inc. ("WGN")  provide useful
guidance for what constitutes program-related material. The WGN case addressed the extent to which the
copyright on a television program also included program material in the VBI of the signal. Under the cable
carriage rules, all program-related broadcast material must be carried. We sought comment on whether the
WGN program-related analysis applies in the context of satellite broadcast signal carriage. Very few parties
provided comments on this issue. Of those who did, there were no negative arguments made.  BellSouth, for
example, has no objection to use of the WGN criteria to determine what content is program related and must
be carried. Given the dearth of opposition to the WGN factors and our cable program-related decisions, we
hereby incorporate all Commission policies and references regarding the term "program-related" into the
satellite carriage context.  This measure, again, serves to align the carriage requirements imposed both on cable
operators and satellite carriers.  Moreover, since the WGN case centered on copyright law, and the SHVIA and
Section 338 are also copyright-based, we believe that adopting such a policy for satellite carriers is reasonable
and appropriate.
91.       In the Notice, we recognized that the Commission has not specifically defined "primary video"
in the rules and has instead relied on the language of Section 614(b)(3)(B) to clarify the scope of the term for
purposes of cable broadcast signal carriage.  In view of this history, we sought comment on whether a specific
definition of primary video is required for satellite carriers to fulfill the requirements contained in Section 338.
Network Affiliates state that a specific definition of primary video need not be adopted for the satellite carriage
rules.  Network Affiliates assert that the term has proved self-explanatory and non-controversial as applied
to cable carriage of analog signals and should be equally so in the satellite context. AAPTS asserts that the
Commission has not further defined primary video for the cable carriage rules, and in the seven years that the
rules have been in effect, this lack of definition has not been a problem. We agree that the primary video
concept has worked in the cable carriage context. We therefore incorporate the cable version of primary video
into the satellite broadcast signal carriage rules. Given these indicia, and the fact that implementing the cable
definition will further the Congressional goal of comparability, we believe our finding serves the public interest.
We note that the Act also mandates that, in addition to primary video, accompanying audio must be carried.
Therefore, satellite carriers are required to carry the secondary audio programming ("SAP") material that
accompanies many broadcast television programs.
92.       Technical Feasibility. With regard to the "technical feasibility" of the carriage of
program-related material in the VBI or on subcarriers, the Commission stated in the Broadcast Signal
Carriage Order that such carriage should be considered "technically feasible" if it does not require the cable
operator to incur additional expenses and to change or add equipment in order to carry such material. The
Commission noted that it would consider signal carriage to be "technically feasible" if only nominal costs,
additions or changes of equipment are necessary.  We sought comment on whether the consideration of
technical feasibility should be different in the context of satellite broadcast signal carriage.
93.       AAPTS states that there is no technical impediment to the carriage of VBI material over
satellite; it is simply a question of capacity. LTVS asserts that it is technically possible for a satellite carrier
to carry closed captioning information, audience measurement and/or ratings data, and SAP audio. While
BellSouth does not dispute that satellite carriers can and do carry, without significant expense, the program-
related material which television stations currently deliver through the VBI, it argues that requiring carriage
of different, additional or future VBI-carried information may be expensive and may impose significant
spectrum capacity burdens. DirecTV asserts that "billions of dollars" of additional investment would be
required to retrofit its satellite system so that it could carry additional material on the VBI and allow consumers
to view the additional material. AAPTS asserts that, given the widely divergent viewpoints on this issue within
the satellite industry, the Commission cannot accept DirecTV's contention that it is not technically feasible for
carriers to retransmit program-related material in the VBI.   AAPTS further asserts that DirecTV's satellite
systems are already being designed to deliver data and that even the first DBS receivers had both a wide-band
and a low-speed data port.
94.       Based on the arguments presented, we find that it is technically feasible for satellite carriers
to carry the current program-related material contained in a television station's VBI. DirecTV has not provided
detailed evidence to support its claim that it will incur financial hardship if it were required to carry such
program content. We also find it significant that LTVS, a future satellite carrier, admits that it would have no
difficulty in carrying VBI information.  With regard to BellSouth's argument, there could be new kinds of
program-related data in the VBI that would cause the satellite carrier to incur inordinate expenses and to
change or add a substantial amount of equipment.  We will address such issues on a case-by-case basis in the
future.
95.       In this context, DirecTV and LTVS also urge the Commission to recognize that satellite
systems must be designed and constructed far in advance of the date for commencement of service.  They state
that once the systems are deployed in orbit, few changes can be made without necessitating the complete
replacement of the satellite systems at issue. While we understand the challenges involved in constructing,
designing, and launching new satellites, the arguments expressed by the satellite carriers' are unrelated to our
discussion here.  The underlying concern of the carriers is that the carriage of VBI information requires channel
capacity.  On this point, Congress was cognizant of channel capacity concerns when the SHVIA was being
drafted, yet it still instructed the Commission to apply the cable content-to-be carried requirements to satellite
carriers. We cannot relieve satellite carriers of the carriage obligations Congress imposed in the SHVIA in this
instance.
     I. Material Degradation
96.       Picture Quality.  Section 338(g) states that, "The regulations prescribed [by the Commission
under Section 338] shall include requirements on satellite carriers that are comparable to the requirements on
cable operators under sections 614(b)(4). . . .and 615(g)(2)."  Section 614(b)(4)(A) states that,
     The signals of local commercial television stations that a cable operator carries shall be carried without
     material degradation.  The Commission shall adopt carriage standards to ensure that, to the extent
     technically feasible, the quality of signal processing and carriage provided by a cable system for the
     carriage of local commercial television stations will be no less than that provided by the system for
     carriage of any other type of signal.
Section 615(g)(2), which is the noncommercial equivalent of the commercial television station provision in
Section 614(b)(4), states that,
     A cable operator shall provide each qualified local noncommercial educational television station whose
     signal is carried in accordance with this section with bandwidth and technical capacity equivalent to
     that provided to commercial television broadcast stations carried on the cable system and shall carry
     the signal of each qualified local noncommercial educational television station without material
     degradation.
97.       When implementing the material degradation provision for cable carriage, the Commission
relied on the technical standards as updated in the Cable Television Technical and Operational Requirements
Report and Order, in defining the scope of the requirement.  The Cable Technical Report and Order
specifically addressed the issue of preventing material degradation of local television signals carried on cable
systems by adopting a number of technical standards and providing that cable operators must make reasonable
efforts and use good engineering practices and proper equipment to guard against unnecessary degradation in
the signal received and delivered to the cable subscriber.  The Commission stated that the standards adopted
in the Cable Technical Report and Order were sufficient to satisfy the material degradation requirements
contained in the 1992 Cable Act. In declining to adopt regulations in addition to those found in the Cable
Technical Report and Order, the Commission stated that further rules may have the unwarranted effect of
impeding technological advances and experimentation in the cable industry. Standards specific to digital
transmission were not adopted. We sought comment on whether reliance on Commission precedent in the cable
carriage context regarding material degradation was appropriate and whether technical standards mirroring
those in the cable television field would be warranted. We also asked whether there were certain compression
ratios or encoding techniques that should be prohibited because their use would result in material degradation.
98.       Commenters have proposed a variety of ways to determine picture quality standards. LTVS
argues that the definition of material degradation should include any instance where a television broadcast
station freezes, tiles, or looks "dirty" due to a satellite carrier's choice of encoding and compression
techniques. AAPTS advocates a rule requiring satellite carriers to maintain local television stations at a TASO
Grade 2 level to avoid material degradation of these signals. DirecTV urges the Commission to refrain from
setting standards for material degradation until two industry committees devoted to video picture quality, IEEE
G-2.1.6 and ITU VQEG, complete their work. HBO argues that because of the rapid changes in digital
technology, there is significant danger that any standards adopted today would quickly be obsolete, or worse,
would prevent beneficial changes in transmission parameters
as technology improves. We decline to adopt specific picture quality standards at this time.  As we stated in
the Notice, analog degradation standards for the cable industry were developed over the course of several years
and evolved as technology changed and improved.  The Commission has not had a significant opportunity
to evaluate satellite delivery of broadcast signals. We agree with DirecTV that it would be premature for the
Commission to adopt specific picture quality standards at this time.
99.       The Conference Report noted that because of constraints on the use of satellite spectrum,
satellite carriers may initially be limited in their ability to deliver must carry signals into multiple markets.
According to the Conference Report: "New compression technologies, such as video streaming, may help
overcome these barriers, and if deployed, could enable satellite carriers to deliver must carry signals into many
more markets than they could otherwise."  The Commission was urged, pursuant to its obligations under
Section 338, or in any other related proceedings, "to not prohibit satellite carriers from using reasonable
compression, reformatting, or similar technologies to meet their carriage obligations, consistent with existing
authority."
100.      ALTV argues that those technical means of enhancing capacity, but degrading picture
quality, should be prohibited. ALTV argues that the Conference Report language on signal processing
techniques should not be read to eviscerate the material degradation prohibition. AAPTS argues that the
compression techniques a satellite carrier employs should not degrade a local broadcast signal such that, to the
average viewer, the signal appears materially inferior to what the viewer might receive over the air. BellSouth
argues that the Commission should decline to adopt signal quality standards that would contravene Congress's
mandate to not prohibit satellite carriers from using reasonable compression, reformatting, or similar
technologies to meet their carriage obligations. DirecTV argues against prohibiting any encoding techniques,
compression ratios or the use of similar technologies that would impede technical innovation that Congress
specifically sought to foster.
101.      At the outset, we note that our concerns here revolve around the satellite carrier's
treatment of the broadcast signal on the equipment it controls or authorizes.  Thus, our focus does not involve
picture quality issues that may arise because of the type of television receiver used since the satellite carrier
has little control over the use of these devices. We also note that the satellite carrier should not be responsible
for a poor quality picture delivered to the local receive facility. Rather, the broadcast station is responsible for
ensuring that its signal is delivered in good quality. Moreover, our analysis of material degradation recognizes
that dish placement on or near the subscriber's premises can affect the quality of the picture received, but that
the satellite carrier cannot control how and where dishes are installed.
102.      It is important to note the technical steps in the digital conversion process affecting
the material degradation analysis. In satellite digital television systems, such as those implemented by DirecTV
and Echostar, there are four layers of the system where video quality may be affected.  The first layer, known
as the picture layer, is where decisions are made regarding the use of progressive or interlace scanning
techniques as well as whether the picture will be produced in a standard definition or high definition format.
The choices made in this layer will not likely affect the quality of retransmitted analog broadcasts.  In the
second layer, the compression layer, decisions are made regarding the types of compression techniques used.
The relevant digital standard, MPEG-2, supports a wide range of compression ratios and data rates.  At this
layer, the satellite carrier attempts to maximize the number of channels carried on each transponder and there
is an effort to place a limit on the maximum data rate of each channel.  Limiting the data rate may cause the
picture quality to degrade, especially when certain video scenes involve rapid motion images or there is a
greater degree of camera panning and zooming.  The third layer is known as the transport layer and this is
where the data are structured and organized into data packets.  Since most digital video systems use the MPEG
packet structure, there is little likelihood that any type of degradation would occur at this level.  The final layer
is the transmission layer and this is where data are modulated on to a carrier for transmission. Satellite carriers
use quadrature phase-shift keying or "QPSK" -- as the principal format when transmitting video programming.
The use of high efficiency modulation techniques, such as the cable industry's QAM standard, permit greater
data rate throughput.  QPSK, however, is a lower order modulation and requires satellite carriers to limit the
data rate or increase channel bandwidth.  The chances for degradation to occur at this level are tied to the
limiting data rate technique in the compression layer.
103.      We specifically note that degradation may result when the satellite carrier encodes an
analog broadcast signal and readies it for digital retransmission.  During the encoding process, certain artifacts
may be introduced into the original material that would have an effect on picture quality.  The most dominant
artifact is quantization noise in the picture.  This effect is often visible on edges of subjects and textured areas
of the image.  It is caused when there is a high amount of picture detail along with a high degree of picture
activity and levels of quantization are restricted due to data rate reduction.  Random noise can also be
introduced into the source video.  This can result in activity or "busyness" in detail areas of the picture and
tiling or flicker in other areas of the picture.  Such effects are caused by the encoder attempting to encode
random noise.  During the encoding process of rapidly moving images, certain data reduction techniques can
result in another artifact known as "dirty window," where noise appears stationary while images behind it are
moving.
104.      To satisfy the material degradation principles in the Act, we will adopt a simple
comparability rule.  That is, a satellite carrier should treat all local television stations in the same manner with
regard to picture quality.  The signal processing, compression and encoding techniques a satellite carrier uses
to carry retransmission consent stations should also be used for mandatory carriage stations.  This rule
comports with the non-discriminatory thrust of Section 338 and the SHVIA. As long as all local television
stations are treated equally, and the degradation resulting from processing these stations does not exceed the
level for the lowest quality non-broadcast video service provided by the carrier, we will refrain from prohibiting
compression methods.  We recognize that compression technology is rapidly evolving and we do not want to
impede innovation by proscribing certain techniques.  We also believe that new compression methods may
benefit subscribers as satellite carriers could offer more services, particularly those involving broadband
applications.
105.      Measurement.  In the Notice, we sought suggestions for measurement standards that may be used
to address broadcast signal degradation by satellite carriers. We found it necessary to request such information
because the Commission has had relatively little experience in evaluating quality in the context of the analog to
digital to analog conversion of the type involved in satellite broadcast signal carriage. LTVS states that subjective
criteria should be used to measure broadcast signal degradation and suggests that the Commission consider the
International Telecommunications Union's recommendations for broadcast video evaluation. NAB, however,
proposes the use of three objective criteria -- (a) carrier-to-noise (C/N) ratio, (b) bit error rates (BER), and (c)
bit rate allocation for each channel -- that collectively provide a method for checking whether a satellite carrier
is "materially degrading" a local station's signal in comparison to other channels. We decline to adopt, as a
rule, any one specific technique for measuring degradation.  Both LTVS and NAB present worthy proposals,
but they are untested in the field of satellite broadcast signal carriage. The more reasonable approach here is
to develop a uniform measurement technique over time.  After some experience with satellite broadcast signal
carriage, broadcasters and satellite carriers will be able to apply such a technique for analog-to-digital
degradation measurements. At some future point, the Commission will be in a better position to scrutinize the
techniques used and establish standards, if necessary.
     J. Digital Television
106.      Section 338(g) states: "The regulations prescribed [by the Commission under Section
338] shall include requirements on satellite carriers that are comparable to the requirements on cable operators
under sections 614(b)(4) . . . ."  Section 614(b)(4)(B) of the Act provides: "At such time as the Commission
prescribes modifications of the standards for television broadcast signals, the Commission shall initiate a
proceeding to establish any changes in the signal carriage requirements of cable television systems necessary
to ensure cable carriage of such broadcast signals of local commercial television stations which have been
changed to conform with such modified standards."  The Conference Report stated: "by directing the FCC to
promulgate these must carry rules [found in Section 338], the conferees do not take any position regarding the
application of must-carry rules to carriage of digital television signals by either cable or satellite systems."
107.      The Commission has adopted rules establishing a transitional process for the
conversion from an analog to a digital form of broadcast transmission.  The rules allow each existing analog
television licensee or each eligible permittee to construct and operate digital facilities using 6 MHz of spectrum,
in addition to the 6 MHz of spectrum used to continue analog broadcasting until the end of the transition.  The
broadcast station will transmit a signal consistent with the standards adopted in Advanced Television Systems
and Their Impact Upon the Existing Television Broadcast Service, Fourth Report and Order, giving it the
flexibility to broadcast in a high definition mode, in a multiple program standard definition mode, in a
datacasting mode, or a mixture of all three, provided that the licensee provides at least one over-the-air video
program stream to consumers. During the transition period, both the analog and digital television signals will
be broadcast. At the end of the transition which is scheduled for 2006, with certain statutory exceptions, the
station is to cease broadcasting an analog signal and will return to the government 6 MHz of spectrum.
108.      The Commission commenced a proceeding to determine the carriage obligations cable
operators should have with regard to a broadcast station's digital television signal during the transition period
to digital television.  We sought comment in that proceeding on how to accomplish the Congressional goals
reflected in Section 614, Section 615, and Section 325 of the Act in light of the significant changes to the
relevant industries resulting from the conversion to digital operations.  The thrust of the proceeding was to
examine the timing and scope of digital broadcast signal carriage obligations for cable operators. When this
proceeding was initiated, there was no satellite broadcast signal carriage requirement, and satellite carriers did
not comment on the issues addressed in that proceeding. We therefore sought comment on whether satellite
carriers should be required to carry digital broadcast television signals in addition to analog broadcast signals
up until the time that television stations return their analog spectrum to the government.
109.      We believe that our goal of initiating a discussion on a satellite carrier's digital
broadcast signal carriage obligations has been achieved.  As expected, broadcast commenters support the
imposition of a digital broadcast signal carriage rule under Section 338 and satellite carriers oppose a digital
broadcast signal carriage requirement. We note that these comments generally reflect the positions taken by
the broadcast and cable industries in response to the questions raised in the Digital Must Carry Notice. We
will consider the digital carriage obligations of both cable operators and satellite carriers in tandem within the
context of the rulemaking for cable operators, and will consider the comments filed on this issue in that
proceeding.  In any instance, we note that Echostar argues that the Commission cannot impose digital carriage
obligations on satellite because there are no current rules in effect for the cable industry. We find that the
Commission must be able to issue rules for satellite digital broadcast signal carriage that are comparable to
those for cable operators. The Congressional goal of comparable requirements was not frozen in time on
November 29, 1999.  Rather, we are authorized to implement changes or additions in the satellite carriage rules
whenever we adopt changes in the cable carriage rules, including digital carriage requirements.
     K. Compensation for Carriage
110.      Section 338(e) states:
     A satellite carrier shall not accept or request monetary payment or other valuable consideration in
     exchange either for carriage of local television broadcast stations in fulfillment of the requirements of
     this section or for channel positioning rights provided to such stations under this section, except that
     any such station may be required to bear the costs associated with delivering a good quality signal to
     the local receive facility of the satellite carrier.
We noted that this provision largely parallels provisions applicable to cable operators that are found in Sections
614(b)(10) and 615(i) of the Act that are implemented in Section 76.60 of the Commission's rules.  In the cable
context, commercial broadcasters elect either must carry or retransmission consent to obtain carriage of their
signals.  If mandatory carriage is selected, there are no specific terms for carriage that must be requested, other
than choosing the relevant channel positioning options available to broadcasters under the Act.  If
retransmission consent is selected, the operator may receive compensation from the broadcaster in exchange
for carriage.  We assumed the same general policy was intended for satellite carriers and that a broadcaster
seeking carriage rather than requesting carriage "in fulfillment of the requirements of [Section 338]" would
simply negotiate carriage provisions, including payment terms, in the context of a retransmission consent
negotiation.  We sought comment on this interpretation.  We also sought comment on the policy underlying
this provision and its purpose in the statutory scheme.
111.      Network Affiliates agree that the compensation rules applicable to satellite carriers
pursuant to Section 338(e) of the Act should parallel the provisions applicable to cable operators.  LTVS
comments that there is no reason why the parties cannot themselves reach agreement on reasonable
compensation for carriage in a retransmission consent agreement.  In the context of mandatory carriage, LTVS
asserts that satellite carriers cannot charge local television stations for carriage of their signals. We find that
the current compensation rules applicable to cable operators should likewise apply to satellite carriers.  That
is, a station must bear the costs associated with delivering a good quality signal and a satellite carrier may
accept payments from stations pursuant to a retransmission consent agreement. No one commented that there
should be different rules between the industries nor can we find any valid reason to impose different rules.  We
therefore implement the language of Section 338 as presented in the statute.
     L. Remedies
112.      Section 338(a)(2) states that the remedies for any failure to meet the obligations under
subsection (a) (carriage obligations) shall be available exclusively under Section 501(f) of title 17, United
States Code.  New section 501(f)(1) states,
     With respect to any secondary transmission that is made by a satellite carrier of a performance or
     display of a work embodied in a primary transmission and is actionable as an act of infringement under
     section 122, a television broadcast station holding a copyright or other license to transmit or perform
     the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal
     or beneficial owner if such secondary transmission occurs within the local market of that station.
New section 501(f)(2) further provides that: "A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to
enforce that television broadcast station's rights under section 338(a) of the Communications Act of 1934."
113.      Section 338(f)(1) states,
     Whenever a local television broadcast station believes that a satellite carrier has failed to meet its
     obligations under subsections (b) through (e) of this section [(b) good signal required, (c) duplication
     not required, (d) channel positioning, and (e) compensation for carriage], such station shall notify the
     carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier
     failed to comply with such obligations.  The satellite carrier shall, within 30 days after such written
     notification, respond in writing to such notification and comply with such obligations or state its
     reasons for believing that it is in compliance with such obligations.  A local television broadcast station
     that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain
     review of such denial or response by filing a complaint with the Commission.  Such complaint shall
     allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such
     allegations.
In addition, Section 338(f)(2) states: "The Commission shall afford the satellite carrier against which a
complaint is filed under paragraph (1) an opportunity to present data and arguments to establish that there has
been no failure to meet its obligations under this section. Section 338(f)(3) then states that: "Within 120 days
after the date a complaint is filed under paragraph (1), the Commission shall determine whether the satellite
carrier has met its obligations under subsections (b) through (e). If the Commission determines that the satellite
carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate
remedial action.  If the Commission determines that the satellite carrier has fully met the requirements of such
subsections, the Commission shall dismiss the complaint." At the outset, we find that the procedural provisions
contained in Section 338(f)(1-3), concerning the steps required to file a carriage complaint, are plain on their
face.  We adopt the statutory procedures without change. With regard to the substantive issues raised in the
Notice, we address each one in turn below.
114.      In the Notice, the Commission discussed the parameters of its enforcement authority
regarding the carriage obligation rules under SHVIA.  We sought to reconcile forum disputes that may arise
if a satellite carrier fails to carry a local television station that has requested carriage in a market in which it
provides local-into-local service. In addition, we sought to determine whether disputes concerning the non-
carriage of broadcast station signals by satellite carriers because of signal quality problems should be within
the domain of the courts, the Commission, or shared by the different jurisdictions.  ALTV states that the
outright failure to carry a station entitled to carriage under Section 338 should be grounds for an infringement
of copyright suit in federal court.  DirecTV asserts that the remedy available to a broadcaster in the event of
a compulsory carriage dispute is to file a civil action against the satellite carrier that has refused carriage and
that the Commission does not have jurisdiction to remedy non-carriage of broadcast station signals by satellite
carriers.  On the one hand, the statute provides that the remedies for any failure to meet the carriage
obligations of Section 338(a) shall be available exclusively under Section 501(f) of the Copyright Act, which
directs complainants to an appropriate United States District Court.    On the other hand, Sections 338(b)
(e) clearly contemplate the Commission making determinations that, in appropriate circumstances, require
carriage.  We find that if a television station is not being carried and seeks damages and other specific forms
of monetary or injunctive relief under either Section 338(a) of the Act or Section 501(f) of the Copyright Act,
then the United States District Court is the exclusive forum for adjudicating the complaint. If the television
station seeks a finding on the facts and a resulting determination of whether it is entitled to carriage pursuant
to Section 76.66 of our rules, then it may file a complaint with the Commission. In arriving at this
determination, we do not believe that Congress intended to deprive the Commission of the right to enforce the
regulations the statute specifically directs us to adopt under Section 338.
115.      We find that the Commission should have primary jurisdiction over issues concerning:
(1) good quality signal; (2) substantial duplication; (3) channel positioning; and (4) compensation matters. We
adopt this position to ensure the rapid and timely implementation of Section 338. The Commission has the
technical expertise to review and address such matters. The institutional knowledge the Commission has
developed in adjudicating cable-broadcast disputes will be helpful in processing satellite carriage cases in an
efficient manner.
116.      In response to questions we raised in the Notice, several commenters addressed the
issue of whether broadcasters should be permitted to file complaints with the Commission against a satellite
carrier for non-compliance with the content-to-be-carried and material degradation provisions of the SHVIA,
specifically referenced in Section 338(g).  A number of broadcast commenting parties assert that the
Commission's jurisdiction should be extended to allow consideration and resolution of complaints relating to
content-to-be-carried and material degradation issues.  Network Affiliates and LTVS, for example, state that
such disputes rest squarely within the Commission's expertise and excluding such disputes from the complaint
procedures would be inconsistent with Section 338(g), which requires the Commission to implement regulations
regarding material degradation and content-to-be-carried in the satellite context that mirror those in the cable
context.  DirecTV however, argues that Section 338(f) does not provide for broadcaster complaints against
a satellite carrier for non-compliance with provisions concerning content-to-be-carried or material degradation.
Consistent with the general authority invested in the Commission to implement Section 338, we will adjudicate
complaints concerning the material degradation and content-to-be-carried provisions under the same procedural
framework established for the other satellite carriage provisions of the Act.  For the reasons outlined in the
above paragraph, we will also assert primary jurisdiction over these matters.
117.      We adopt a date certain for when a complaint must be filed with the Commission.
Consistent with the procedural rule for cable carriage complaints,  we will not consider a complaint brought
by a television station if it is filed later than 60 days after a satellite carrier denies the station's carriage request.
In this context, the denial can be in the affirmative, as in a rejection letter, or by silence, where a carrier does
not respond to a carriage request within 30 days of its receipt. We implement this requirement, pursuant to
Section 338(f) of the Act, to facilitate the carriage process and ensure that television broadcast stations do not
delay in enforcing their rights to the detriment of the satellite carrier.
118.      Other Actions.  In the Notice, we requested comment on additional enforcement
actions the Commission may impose. Some broadcasters have stated that the Commission should take into
account any failure to comply with the local carriage requirements when considering license renewals for
satellite carriers.  We find that this issue is a matter better suited for discussion in the context of a satellite
licensing proceeding, not within the confines of a rulemaking implementing the SHVIA's carriage requirements.
We therefore decline to rule on the merits of the broadcasters' suggestion at this time.
119.      ALTV proposes that the Commission require satellite carriers to file semi-annual
reports detailing their efforts to achieve compliance with Section 338 by January 1, 2002. We find that the
statute does not mandate such a requirement. Nevertheless, carriage compliance information will be useful in
updating Congress on the implementation of the SHVIA. We therefore plan to ask questions concerning the
implementation of Section 338 in the Commission's Notice of Inquiry, preceding the Annual Competition
Report to be issued in 2002.
M. Definitional Issues and Other Concerns.
120.      Section 338 contains several definitions that provide the framework for satellite
broadcast signal carriage.  While these definitions are generally self-effectuating, such as the meaning of
"satellite carrier," "secondary transmission," and "subscriber," we asked commenters to further clarify the
meaning of other terms found in Section 338. We received a number of viewpoints on the carriage status of
certain types of stations.  We also received comments from other parties on the general application of Section
338.  We address each concern separately, below.
121.      Distributor.  Section 338(h)(1) of the Communications Act defines the term
"distributor" as an "entity which contracts to distribute secondary transmissions from a satellite carrier and,
either as a single channel or in a package with other programming, provides the secondary transmission either
directly to individual subscribers or indirectly through other program distribution entities."  In the Notice, we
stated that the term "distributor" is not found in any other provision of Section 338, other than the definitional
subsection.  Given this omission, we sought comment on the definition of distributor and its relevance in this
context. Local TV on Satellite, Inc. ("LTVS") argues that the use of term distributor has no relevance to
Section 338 and has no bearing on the implementation of the mandatory carriage provisions.  We agree.  This
particular provision appears to have no connection with the carriage requirements in Section 338.  Therefore,
it requires no implementation.
122.      Class A Television Stations. Section 338(h)(7) defines the term "television broadcast
station" as having the meaning given such term in Section 325(b)(7).  Section 325(b)(7) defines "television
broadcast station," as "an over-the-air commercial or noncommercial television broadcast station licensed by
the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does
not include a low-power or translator station."  Paging Associates, nevertheless raises the question of whether
low power stations that receive Class A status from the Commission, pursuant to the Community Broadcasters
Protection Act of 1999 ("CBPA"), may assert carriage rights under Section 338. Paging Associates states that
Class A licensees are on equal footing with full-service television licensees as prescribed by the CBPA.  We
disagree. Low power television stations that receive Class A status pursuant to the CBPA are still low power
stations for mandatory carriage purposes.  Class A stations do not gain the same rights to carriage as their full
power counterparts simply by receiving such status.  The principal intent of the CBPA was to protect low
power television stations from digital television ("DTV") interference. The CBPA did not create a new class
of television stations eligible for full-fledged carriage rights on cable systems or satellite carriers.  Given the
burdens a Class A carriage requirement would impose, we believe that Congress would have specifically noted
in Section 338 that satellite carriers were required to carry these stations if they provide local-into-local service
in a market.
123.      Satellite Television Stations. In the Notice, we asked whether satellite carriers must
carry terrestrial broadcast "satellite television stations", as cable operators are required to do. Satellite
stations, by definition, replicate substantially all of the programming of another full power television station
in a market and also broadcast a minimum amount of original programming. LTVS and NAB assert that
regulations should be developed to require satellite carriers to carry such stations if they carry other local
market television stations, unless they substantially duplicate another station in the local market.  DirecTV,
however, argues that the compulsory carriage of satellite television stations will unduly burden satellite
carriers' systems and limit the amount of capacity available. The Commission has long held that cable
operators must carry satellite television stations because they are full power television stations with an
assignment in the Table of Allotments under Part 73 of the rules. Congress was cognizant of this carriage
policy at the time the SHVIA was enacted, but did not expressly exclude such stations from the definition of
television broadcast station in the SHVIA. Therefore, a satellite television station, being a full power television
station, may request carriage like other local full power television stations, but is subject to the duplications
provisions, stated above.
124.      MMDS Operators. Fifth Avenue Channel Corporation raises the concern that the
carriage obligations under Section 338 may be construed to apply to multichannel multipoint distribution
service providers ("MMDS" or "wireless cable").  We find that the provision does not apply to such entities.
MMDS operators generally receive television broadcast signals either off-the-air or by a direct feed from the
broadcast station.  They do not use the facilities of a satellite or satellite service to distribute those television
station signals.  Thus, an MMDS operator who contracts to distribute the signal of a local television station
directly from the station is not a satellite carrier as that term is defined in the Act.
125.      Rural Service.  The National Rural Telecommunications Cooperative ("NRTC")
argues that satellite carriers will not provide local-into-local service in lower population, lower-profit markets
if they are required to carry all television stations in larger markets.  It states that there is not enough satellite
capacity available, nor is there a large enough subscriber base in less populated markets, to introduce local-
into-local service.  We recognize that one of the SHVIA's principal mandates is to permit satellite carriers to
provide local-into-local service wherever and whenever possible.  We also understand that satellite carriers,
like cable operators, have limited capacity to add additional channels of programming.  Congress, however,
was aware of these concerns when it promulgated Section 338.  Thus, while we find that the provision of
dependable television service to rural areas is an important policy goal, the Section 338 requirements must be
followed and implemented.
     CXXVI.    PROCEDURAL MATTERS
127.      Final Regulatory Flexibility Analysis.  As required by the Regulatory Flexibility Act
("RFA"), see 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis ("IRFA") was incorporated into both
the Notice and the Retransmission Consent Notice.  The Commission sought written public comments on the
possible significant economic impact of the proposed policies and rules on small entities in the Notice and the
Retransmission Consent Notice, including comments on the IRFAs.  Pursuant to the RFA, see 5 U.S.C. 604,
a Final Regulatory Flexibility Analysis is contained in Appendix C.
128.      Paperwork Reduction Act of 1995 Analysis. This Report & Order contains new or
modified information collection(s) subject to the Paperwork Reduction Act of 1995 ("PRA"), Public Law 104-
13.  It will be submitted to the Office of Management and Budget ("OMB") for review under Section 3507(d)
of the PRA.  OMB, the general public, and other Federal agencies are invited to comment on the new or
modified information collection(s) contained in this proceeding.
     CXXIX.    ORDERING CLAUSES
130.      Accordingly, IT IS ORDERED that, pursuant authority found in Sections 4(i) 4(j),
303(r), 325, 338, 614, and 615 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j),
303(r), 325, 338, 534, and 535, the Commission's rules ARE HEREBY AMENDED as set forth in Appendix
B.
131.      IT IS FURTHER ORDERED that the Consumer Information Bureau, Reference
Information Center, SHALL SEND a copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
132.      IT IS FURTHER ORDERED that the rules adopted in this Report and Order
SHALL TAKE EFFECT upon publication in the Federal Register.
                         Federal Communications Commission
                         Magalie Roman Salas
                         Secretary
                                                    Appendix A
COMMENTS FILED IN CS 00-96
Association of Local Television Stations ("ALTV")
Association of America's Public Television Stations, the Public Broadcasting System, and the
Corporation for Public Broadcasting ("AAPTS")
BellSouth Corp. and BellSouth Entertainment  ("BellSouth")
Christian Television Network ("CTN")
Community Television of Southern California, KQED, Inc. & North Texas Public Broadcasting, Inc.
("KQED")
Detroit Educational Television Foundation ("DETF")
DirecTV
Echostar Satellite Corporation ("Echostar")
Gray Communications, et. al.
Home Box Office ("HBO")
J.E. Schmidt
Joint Comments of the ABC, CBS, Fox, and NBC Television Network Affiliate Associations ("Network
Affiliates")
KNTV License, Inc. ("KNTV")
Local TV on Satellite, LLC ("LTVS")
Mid-State Television, Inc. ("WMFD")
National Association of Broadcasters ("NAB")
National Cable Television Association ("NCTA")
National Rural Telecommunications Cooperative ("NRTC")
Paxson Communications Corporation ("Paxson")
Quorum of Maryland License ("WHAG")
Satellite Broadcasting and Communications Association ("SBCA")
SJL of California, L.P. ("KSBY")
WDBJ Television, Inc. ("WDBJ")
Wisdom Media Group
5th Avenue Channel Corporation
REPLY COMMENTS FILED IN CS 00-96
American Cable Association ("ACA")
Association of America's Public Television Stations, the Public Broadcasting System, and the
Corporation for Public Broadcasting
Association of Local Television Stations
BellSouth Corp. and BellSouth Entertainment
Detroit Educational Television Foundation
DirecTV
Echostar Satellite Corporation
Joint Comments of the ABC, CBS, Fox, and NBC Television Network Affiliate Associations
Local TV on Satellite, LLC
Mid-State Television, Inc.
National Association of Broadcasters
National Cable Television Association
Paging Associates
Paxson Communications Corporation
COMMENTS FILED IN CS 99-363
ABC, CBS, Fox, and NBC Television Network Affiliate Associations ("Network Affiliates").
American Cable Association
Association of Local Television Stations, Inc.
     BellSouth Corporation, BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc.
CBS Corporation ("CBS")
DirecTV, Inc.
EchoStar Satellite Corporation
Fox Television Stations, Inc. ("Fox")
LEXCOM Cable
Local TV on Satellite, LLC
National Association of Broadcasters
National Broadcasting Company, Inc. ("NBC").
National Cable Television Association
Satellite Broadcasting and Communications Association
U S West, Inc. ("U S West")
Walt Disney Company ("Disney")
Wireless Communications Association International, Inc. ("WCA")
REPLY COMMENTS FILED IN CS 99-363
American Cable Association
ABC, CBS, Fox, and NBC Television Network Affiliate Associations
Association of Local Television Stations, Inc.
     BellSouth Corporation, BellSouth Interactive Media Services, Inc. and BellSouth Wireless Cable, Inc.
DIRECTV, Inc.
EchoStar Satellite Corporation
Fisher Broadcasting Inc. ("Fisher")
Hearst-Argyle Television, Inc. ("Hearst")
Lin Television Corporation ("Lin")
Local TV on Satellite, LLC
National Association of Broadcasters
National Broadcasting Company, Inc.
National Cable Television Association
RCN Telecom Services, Inc. ("RCN").
Satellite Broadcasting and Communications Association
Seren Innovations, Inc. ("Seren")
The Post Company ("Post")
Time Warner Cable ("Time Warner")
U S West, Inc.
Walt Disney Company
Young Broadcasting, Inc. ("Young").

                           Appendix B
Part 76 of Title 47 of the Code of Federal Regulations is amended as follows:
   Part 76   Multichannel Video and Cable Television Service
          1.   The authority citation for Part 76 reads as follows:
AUTHORITY:  47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325,
338, 339, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, 573.
          2.   Section 76.66 is added to Subpart D to read as follows:
 76.66 Satellite Broadcast Signal Carriage
(a) Definitions.
(1) Satellite carrier.  A satellite carrier is an entity that uses the facilities of a satellite or satellite service licensed by
the Federal Communications Commission, and operates in the Fixed-Satellite Service under part 25 of title 47 of
the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of
Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of
television station signals, and that owns or leases a capacity or a service on a satellite in order to provide such point-
to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the
Communications Act of 1934, other than for private home viewing.
(2) Secondary transmission. A secondary transmission is the further transmitting of a primary transmission
simultaneously with the primary transmission.
(3) Subscriber.  A subscriber is a person who receives a secondary transmission service from a satellite carrier
and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.
(4) Television broadcast station. A television broadcast station is an over-the-air commercial or noncommercial
television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal
Regulations, except that such term does not include a low-power or translator television station.
  1
(5) Television network.  For purposes of this section, a television network is an entity which offers an interconnected
program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10
or more States.
(6) Local-into-local television service. A satellite carrier is providing local-into-local service when it retransmits a
local television station signal back into the local market of that television station for reception by subscribers.
(b) Signal carriage obligations.
(1) Each satellite carrier providing, under section 122 of title 17, United States Code, secondary transmissions to
subscribers located within the local market of a television broadcast station of a primary transmission made by that
station, shall carry upon request the signals of all television broadcast stations located within that local market,
subject to section 325(b) of title 47, United States Code, and other paragraphs in this section.
(2) No satellite carrier shall be required to carry local television broadcast stations, pursuant to this section, until
January 1, 2002.
(c) Election cycle. In television markets where a satellite carrier is providing local-into-local service, a commercial
television broadcast station may elect either retransmission consent, pursuant to section 325 of title 47 United States
Code, or mandatory carriage, pursuant to section 338, title 47 United States Code.
(1) The first retransmission consent-mandatory carriage election cycle shall be for a four-year period commencing
on January 1, 2002 and ending December 31, 2005.
(2) The second retransmission consent-mandatory carriage election cycle, and all cycles thereafter, shall be for a
period of three years (e.g. the second election cycle commences on January 1, 2006 and ends at midnight on
December 31, 2008).
(3) A commercial television station must notify a satellite carrier, by July 1, 2001, of its retransmission consent-
mandatory carriage election for the first election cycle commencing January 1, 2002.
(4) Except as provided in paragraphs 76.66(d)(2) and (3), local commercial television broadcast stations shall make
their retransmission consent-mandatory carriage election by October 1st of the year preceding the new cycle for all
election cycles after the first election cycle.
(5) A noncommercial television station must request carriage by July 1, 2001 for the first election cycle and must
renew its carriage request at the same time a commercial television station must make its retransmission consent-
mandatory carriage election for all subsequent cycles.
(d) Carriage procedures.
(1) Carriage requests.
(i) A retransmission consent-mandatory carriage election made by a television broadcast station shall be treated
as a request for carriage for purposes of this section.
(ii) A carriage request made by a television station must be in writing and sent to the satellite carrier's principal
place of business, by certified mail, return receipt requested.
(iii) A television station's written notification shall include the: (1) station's call sign; (2) name of the
appropriate station contact person; (3) station's address for purposes of receiving official correspondence; (4)
station's community of license; (5) station's DMA assignment; and (6) for commercial television stations, its
election of mandatory carriage or retransmission consent.
(iv) Within 30 days of receiving a television station's carriage request, a satellite carrier shall notify in writing:
1) those local television stations it will not carry, along with the reasons for such a decision; and 2) those local
television stations it intends to carry.
(v) A satellite carrier is not required to carry a television station, for the duration of the election cycle, if the
station fails to assert its carriage rights by the deadlines established in this section.
  (2)      New local-into-local service.
(i) A new satellite carrier or a satellite carrier providing local service in a market for the first time on or after
July 1, 2001, must notify local television stations of its intent to provide local-into-local service at least 60 days
before it intends to provide service or decides to enter into a new television market. This notification shall
include information on the location of the satellite carrier's designated local receive facility in that particular
market.
(ii) A local television station shall make its request for carriage, in writing, no more than 30 days after receipt
of the satellite carrier's notice.
(iii) A satellite carrier shall have 90 days, from the receipt of a request for carriage, to commence carriage of
a local television station.
(iv) A satellite carrier shall notify a local television station in writing of its reasons for refusing carriage within
30 days of the station's carriage request.
(3) New television stations.
(i) A television station providing over-the-air service in a market for the first time on or after July 1, 2001, shall
be considered a new television station for satellite carriage purposes.
(ii) A new television station shall make its request for carriage between 60 days prior to commencing
broadcasting and 30 days after commencing broadcasting.
(iii) A satellite carrier shall commence carriage within 90 days of receiving the request for carriage from the
television broadcast station or whenever the new television station provides over-the-air service.
(iv) A satellite carrier shall notify a new television station in writing of its reasons for refusing carriage within
30 days of the station's carriage request.
(e) Market definitions.
  (1). A local market, in the case of both commercial and noncommercial television broadcast stations, is the
  designated market area in which a station is located, and (i) in the case of a commercial television
  broadcast station, all commercial television broadcast stations licensed to a community within the same
  designated market area within the same local market; and (ii) in the case of a noncommercial educational
  television broadcast station, the market includes any station that is licensed to a community within the same
  designated market area as the noncommercial educational television broadcast station.
  (2). A designated market area is the market area, as determined by Nielsen Media Research and published in
  the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television
  Household Estimates or any successor publication.
(3) A satellite carrier shall use the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United
States Television Household Estimates to define television markets for the first retransmission consent-mandatory
carriage election cycle commencing on January 1, 2002 and ending on December 31, 2005.  The 2003-2004 Nielsen
Station Index Directory and Nielsen Station Index United States Television Household Estimates shall be used for
the second retransmission consent-mandatory carriage election cycle commencing January 1, 2006 and ending
December 31, 2008, and so forth for each triennial election pursuant to this section. Provided, however, that a county
deleted from a market by Nielsen need not be subtracted from a market in which a satellite carrier provides local-
into-local service, if that county is assigned to that market in the 1999-2000 Nielsen Station Index Directory or any
subsequent issue of that publication.
(4) A local market includes all counties to which stations assigned to that market are licensed.
(f) Receive facilities.
(1) A local receive facility is the reception point in each local market which a satellite carrier designates for
delivery of the signal of the station for purposes of retransmission.
  (2)  A satellite carrier may establish another receive facility to serve a market if the location of such a facility
  is acceptable to at least one-half the stations with carriage rights in that market.
  (3)  Except as provided in 76.66(d)(2), a satellite carrier providing local-into-local service must notify local
  television stations of the location of the receive facility by June 1, 2001 for the first election cycle and at
  least 120 days prior to the commencement of all election cycles thereafter.
  (4)  A satellite carrier may relocate its local receive facility at the commencement of each election cycle.  A
  satellite carrier is also permitted to relocate its local receive facility during the course of an election cycle,
  if it bears the signal delivery costs of the television stations affected by such a move. A satellite carrier
  relocating its local receive facility must provide 60 days notice to all local television stations carried in the
  affected television market.
(g) Good quality signal.
(1) A television station asserting its right to carriage shall be required to bear the costs associated with
delivering a good quality signal to the designated local receive facility of the satellite carrier or to another
facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market.
  (2)  To be considered a good quality signal for satellite carriage purposes, a television station shall deliver to
  the local receive facility of a satellite carrier either a signal level of -45dBm for UHF signals or -49dBm
  for VHF signals at the input terminals of the signal processing equipment.
  (3)  A satellite carrier is not required to carry a television station that does not agree to be responsible for the
  costs of delivering a good quality signal to the receive facility.
(h) Duplicating signals.
(1) A satellite carrier shall not be required to carry upon request the signal of any local television broadcast
station that substantially duplicates the signal of another local television broadcast station which is secondarily
transmitted by the satellite carrier within the same local market, or the signals of more than one local
commercial television broadcast station in a single local market that is affiliated with a particular television
network unless such stations are licensed to communities in different States.
(2) A satellite carrier may select which duplicating signal in a market it shall carry.
(3) A satellite carrier may select which network affiliate in a market it shall carry.
  (4)     A satellite carrier is permitted to drop a local television station whenever that station meets the substantial
  duplication criteria set forth in this paragraph.  A satellite carrier must add a television station to its
  channel line-up if such station no longer duplicates the programming of another local television station.
  (5)     A satellite carrier shall provide notice to its subscribers, and to the affected television station, whenever
  it adds or deletes a station's signal in a particular local market pursuant to this paragraph.
(6) A commercial television station substantially duplicates the programming of another commercial television
station if it simultaneously broadcasts the identical programming of another station for more than 50 percent
of the broadcast week.
(7) A noncommercial television station substantially duplicates the programming of another noncommercial
station if it simultaneously broadcasts the same programming as another noncommercial station for more than
for more than 50 percent of prime time, as defined by 76.5(n), and more than 50 percent outside of prime time
over a three month period, Provided, however, that after three noncommercial television stations are carried,
the test of duplication shall be whether more than 50 percent of prime time programming and more than 50
percent outside of prime time programming is duplicative on a non-simultaneous basis.
(i) Channel positioning.
(1) No satellite carrier shall be required to provide the signal of a local television broadcast station to
subscribers in that station's local market on any particular channel number or to provide the signals in any
particular order, except that the satellite carrier shall retransmit the signal of the local television broadcast
stations to subscribers in the stations' local market on contiguous channels.
(2) The television stations subject to this paragraph include those carried under retransmission consent.
(3) All local television stations carried under mandatory carriage in a particular television market must be offered
to subscribers at rates comparable to local television stations carried under retransmission consent in that same
market.
(4) Within a market, no satellite carrier shall provide local-into-local service in a manner that requires subscribers
to obtain additional equipment at their own expense or for an additional carrier charge in order to obtain one or more
local television broadcast signals if such equipment is not required for the receipt of other local television broadcast
signals.
(5) All television stations carried under mandatory carriage, in a particular market, shall be presented to subscribers
in the same manner as television stations that elected retransmission consent, in that same market, on any
navigational device, on-screen program guide, or menu provided by the satellite carrier.
(j) Manner of carriage.
(1) Each television station carried by a satellite carrier, pursuant to this section, shall include in its entirety the
primary video, accompanying audio, and closed captioning data contained in line 21 of the vertical blanking interval
and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on
subcarriers.  For noncommercial educational television stations, a satellite carrier must also carry any program-
related material that may be necessary for receipt of programming by persons with disabilities or for educational or
language purposes. Secondary audio programming must also be carried. Where appropriate and feasible, satellite
carriers may delete signal enhancements, such as ghost-canceling, from the broadcast signal and employ such
enhancements at the local receive facility.
(2) A satellite carrier, at its discretion, may carry any ancillary service transmission on the vertical blanking interval
or the aural baseband of any television broadcast signal, including, but not limited to, multichannel television sound
and teletext.
(k) Material degradation.  Each local television station whose signal is carried under mandatory carriage shall,
to the extent technically feasible and consistent with good engineering practice, be provided with the same
quality of signal processing provided to television stations electing retransmission consent.  A satellite carrier
is permitted to use reasonable digital compression techniques in the carriage of local television stations.
(l) Compensation for carriage.
(1) A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange
either for carriage of local television broadcast stations in fulfillment of the mandatory carriage requirements
of this section or for channel positioning rights provided to such stations under this section, except that any
such station may be required to bear the costs associated with delivering a good quality signal to the receive
facility of the satellite carrier.
(2) A satellite carrier may accept payments from a station pursuant to a retransmission consent agreement.
(m) Remedies.
  (1)     Whenever a local television broadcast station believes that a satellite carrier has failed to meet its
  obligations under this section, such station shall notify the carrier, in writing, of the alleged failure and
  identify its reasons for believing that the satellite carrier failed to comply with such obligations.
  (2)     The satellite carrier shall, within 30 days after such written notification, respond in writing to such
  notification and comply with such obligations or state its reasons for believing that it is in compliance with
  such obligations.
  (3)     A local television broadcast station that disputes a response by a satellite carrier that it is in compliance
  with such obligations may obtain review of such denial or response by filing a complaint with the
  Commission, in accordance with 76.7 of title 47, Code of Federal Regulations. Such complaint shall
  allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such
  allegations.
(4) The satellite carrier against which a complaint is filed is permitted to present data and arguments to
establish that there has been no failure to meet its obligations under this section.
(5) The Commission shall determine whether the satellite carrier has met its obligations under this section. If the
Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the
satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully
met the requirements of this section, it shall dismiss the complaint.
(6) The Commission will not accept any complaint filed later than 60 days after a satellite carrier, either implicitly
or explicitly, denies a television station's carriage request.

                           Appendix C
Final Regulatory Flexibility Act Analysis
     1.   As required by the Regulatory Flexibility Act ("RFA"), an Initial Regulatory Flexibility
Analysis ("IRFA") was incorporated in the Notice of Proposed Rulemaking in CS Docket No. 00-96, FCC 00-
195 ("Notice") and in the Notice of Proposed Rulemaking in CS Docket No. 99-363, FCC 99-406
("Retransmission Consent Notice"). The Commission sought written public comments on the proposals in both
Notices, including comment on the IRFAs.  No specific comments were received on the IRFAs. This Final
Regulatory Flexibility Analysis ("FRFA") conforms to the RFA.
     2.   Need for, and Objectives of, this Report and Order.  Section 338(g) of the Communications
Act of 1934, as amended ("Act"), 47 U.S.C. 338(g), directed the Commission, within one year of enactment
of the Satellite Home Viewer Improvement Act of 1999, to "issue regulations implementing this section
following a rulemaking proceeding."  The relevant provisions concern the carriage of all local television
broadcast station signals by satellite carriers commencing on January 1, 2002.  Section 325(b)(3)(C) of the
Act, 47 U.S.C.  325(b)(3)(C), also directs the Commission to complete all actions necessary to prescribe
election cycle regulations within one year of enactment of the Satellite Home Viewer Improvement Act of
1999.
          3..Summary of Significant Issues Raised by Public
          Comments in Response to the IRFAs. We did not receive any comments in direct response
          to the IRFA in CS Docket 00-96.  The American Cable Association commented on the IRFA
          in CS Docket No. 99-363, but those comments were directed at the SHVIA's good faith and
          exclusivity provisions, and did not concern the election cycle addressed herein.
          4..Description and Estimate of the Number of Small
          Entities to Which the Rules Will Apply.  The RFA directs agencies to provide a description
          of, and where feasible, an estimate of the number of small entities that may be affected by the
          proposed rules.  The RFA defines the term "small entity" as having the same meaning as the
          terms "small business," "small organization," and "small governmental jurisdiction." In
          addition, the term "small business" has the same meaning as the term "small business concern"
          under Section 3 of the Small Business Act.  Under the Small Business Act, a small business
          concern is one which:  (1) is independently owned and operated; (2) is not dominant in its field
          of operation; and (3) satisfies any additional criteria established by the Small Business
          Administration ("SBA").  The rules we adopt affect television station licensees and satellite
          carriers.
          5..Television Stations: The rules and policies will apply to
          television broadcasting licensees, and potential licensees of television service. The SBA defines
          a television broadcasting station that has no more than $10.5 million in annual receipts as a small
          business.  Television broadcasting stations consist of establishments primarily engaged in
          broadcasting visual programs by television to the public, except cable and other pay television
          services.  Included in this industry are commercial, religious, educational, and other television
          stations.  Also included are establishments primarily engaged in television broadcasting and which
          produce taped television program materials.  Separate establishments primarily engaged in
          producing taped television program materials are classified under another SIC number.
          6..Pursuant to 5 U.S.C.  601(3), the statutory definition of a
          small business applies "unless an agency after consultation with the Office of Advocacy of the
          SBA and after opportunity for public comment, establishes one or more definitions of such term
          which are appropriate to the activities of the agency and publishes such definition(s) in the Federal
          Register."
          7..An element of the definition of "small business" is that the
          entity not be dominant in its field of operation.  We are unable at this time to define or
          quantify the criteria that would establish whether a specific television station is dominant in
          its field of operation.  Accordingly, the estimates that follow of small businesses to which
          rules may apply do not exclude any television station from the definition of a small business
          on this basis and are therefore over-inclusive to that extent.  An additional element of the
          definition of "small business" is that the entity must be independently owned and operated.
          As discussed further below, we could not fully apply this criterion, and our estimates of small
          businesses to which rules may apply may be over-inclusive to this extent.  The SBA's general
          size standards are developed taking into account these two statutory criteria.  This does not
          preclude us from taking these factors into account in making our estimates of the numbers of
          small entities.
          8..There were 1,509 television stations operating in the nation in
          1992.  That number has remained fairly constant as indicated by the approximately 1,616
          operating television broadcasting stations in the nation as of September 1999.  For 1992, the
          number of television stations that produced less than $10.0 million in revenue was 1,155
          establishments.  Thus, the new rules will affect approximately 1,616 television stations;
          approximately 77%, or 1,230 of those stations are considered small businesses.   These estimates
          may overstate the number of small entities since the revenue figures on which they are based do
          not include or aggregate revenues from non-television affiliated companies.
          9..Small Multichannel Video Program Distributors (MVPDs):
          SBA has developed a definition of small entities for cable and other pay television services,
          which includes all such companies generating $11 million or less in annual receipts.  This
          definition includes cable system operators, direct broadcast satellite services, multipoint
          distribution systems, satellite master antenna systems and subscription television services.
          According to the Census Bureau data from 1992, there were 1,758 total cable and other pay
          television services and 1,423 had less than $11 million in revenue.  We address below
          services individually to provide a more precise estimate of small entities.
          10.. . . . . . . . . DBS:  There are four licensees of DBS services under Part
          100 of the Commission's Rules.  Three of those licensees are currently operational.  Two of
          the licensees which are operational have annual revenues which may be in excess of the
          threshold for a small business.  The Commission, however, does not collect annual revenue
          data for DBS and, therefore, is unable to ascertain the number of small DBS licensees that
          could be impacted by these proposed rules.  DBS service requires a great investment of capital
          for operation, and we acknowledge that there are entrants in this field that may not yet have
          generated $11 million in annual receipts, and therefore may be categorized as a small
          business, if independently owned and operated.
          11.. . . . . . . . .Home Satellite Delivery ("HSD"): The market for HSD
          service is difficult to quantify. Indeed, the service itself bears little resemblance to other
          MVPDs. HSD owners have access to more than 265 channels of programming placed on
          C-band satellites by programmers for receipt and distribution by MVPDs, of which 115
          channels are scrambled and approximately 150 are unscrambled.  HSD owners can watch
          unscrambled channels without paying a subscription fee. To receive scrambled channels,
          however, an HSD owner must purchase an integrated receiver-decoder from an equipment
          dealer and pay a subscription fee to an HSD programming package. Thus, HSD users include:
          (1) viewers who subscribe to a packaged programming service, which affords them access to
          most of the same programming provided to subscribers of other MVPDs; (2) viewers who
          receive only non-subscription programming; and (3) viewers who receive satellite
          programming services illegally without subscribing. Because scrambled packages of
          programming are most specifically intended for retail consumers, these are the services most
          relevant to this discussion.
          12.. . . . . . . . .According to the most recently available information, there
          are approximately 30 program packagers nationwide offering packages of scrambled
          programming to retail consumers. These program packagers provide subscriptions to
          approximately 2,314,900 subscribers nationwide. This is an average of about 77,163
          subscribers per program package. This is substantially smaller than the 400,000 subscribers
          used in the commission's definition of a small MSO. Furthermore, because this is an average,
          it is possible that some program packagers may be smaller.
          13.. . . . . . . . .Description of Projected Reporting, Recordkeeping and
          other Compliance Requirements.  In order to implement the Satellite Home Viewer
          Improvement Act of 1999, the Commission will add new rules.  We have adopted a regulatory
          framework for substantive rules and procedures concerning satellite broadcast signal carriage
          similar to, but separate from, the broadcast signal carriage rules for cable operators. There
          are certain compliance requirements involving the satellite broadcast signal carriage process.
          Foremost is that satellite carriers will have to carry all local television stations in a given
          market, subject to certain limited exceptions, if it decides to carry at least one signal in a
          market. There will be costs relating to the time and effort involved in carrying these local
          broadcast signals.
          14.. . . . . . . . . In terms of recordkeeping, entities will likely have to keep
          a record of their election status and entities may be required to maintain such information
          within their business environment and may also have to file such information with the
          Commission.  These records are uncomplicated and are inexpensive to produce and maintain.
          15.. . . . . . . . .Steps Taken to Minimize Significant Impact on Small
          Entities, and Significant Alternatives Considered.  The RFA requires an agency to describe
          any significant alternatives that it has considered in reaching its proposed approach, which
          may include the following four alternatives, among others: (1) the establishment of differing
          compliance or reporting requirements or timetables that take into account the resources
          available to small entities; (2) the clarification, consolidation, or simplification of compliance
          or reporting requirements under the rule for small entities; (3) the use of performance, rather
          than design, standards; and (4) an exemption from coverage of the rule, or any part thereof,
          for small entities.
          16.. . . . . . . . .As indicated above, the Report and Order implements
          certain aspects of the Satellite Home Viewer Improvement Act of 1999.  Among other things,
          the new legislation requires satellite carriers to carry all local television broadcast stations in
          a market, if it carries any local market television stations, by January 1, 2002.  This document
          also discusses implementing regulations relating to the scope and substance of local broadcast
          signal carriage by satellite carriers, including the establishment of an election cycle process
          for broadcasters vis--vis satellite carriers.   The rules adopted were required by Congress.
          Where there was discretion to consider alternatives, as in the case of notification requirements
          to commence carriage,  the Commission chose to place the notice burden on broadcast stations
          rather than satellite carriers. In making this decision, the Commission recognized that there
          are only two affected satellite carriers while there are almost 500 television stations at issue.
          This legislation applies to small entities and large entities equally.
          17.. . . . . . . . .Report to Congress: The Commission will send a copy of
          the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the
          Congressional Review Act.  In addition, the Commission will send a copy of the Report and
          Order, including the FRFA, to the Chief Counsel for Advocacy of the SBA.  A copy of the
          Report and Order and FRFA (or summaries thereof) will as be published in the Federal
          Register.
                                     Appendix D
 Television Markets with Local-Into-Local Service from DirecTV
                       (38 total markets)
Atlanta, GA
Baltimore, MD*
Birmingham, AL*
Boston, MA
Charlotte, NC
Chicago, IL
Cincinnati, OH
Cleveland, OH
Dallas/Ft. Worth, TX
Denver, CO
Detroit, MI
Greensboro, NC*
Greenville, SC*
Houston, TX
Indianapolis, IN
Kansas City, MO*
Los Angeles, CA
Memphis, TN*
Miami/Ft. Lauderdale, FL
Milwaukee, WI
Minneapolis/St. Paul, MN
Nashville, TN
New York, NY
Orlando/Daytona, FL
Philadelphia, PA
Phoenix, AZ
Pittsburgh, PA*
Portland, OR
Raleigh-Durham, NC*
Sacramento/Stockton, CA
St. Louis, MO
Salt Lake City, UT
San Antonio, TX*
San Diego, CA*
San Francisco/Oakland/San Jose, CA
Seattle/Tacoma, WA
Tampa/St. Petersburg, FL
Washington, D.C.
* indicates that special equipment is required to receive local television stations on satellite
                           Appendix E
Television Markets with Local-Into-Local Service from Echostar
                       (34 total markets)
Albuquerque-Santa Fe
Atlanta, GA
Boston, MA
Charlotte, NC
Chicago, IL
Cincinnati, OH
Cleveland, OH
Dallas/Ft. Worth, TX
Denver, CO
Detroit, MI
Greenville, NC
Houston, TX
Indianapolis, IN
Kansas City, MO
Los Angeles, CA
Miami/Ft. Lauderdale, FL
Minneapolis/St. Paul, MN
Nashville, TN
New York, NY
Orlando, FL
Philadelphia, PA
Phoenix, AZ
Pittsburgh, PA
Portland, OR
Raleigh/Durham, NC
Sacramento/Stockton, CA
Salt Lake City, UT
San Antonio, TX
San Diego, CA
San Francisco/Oakland/San Jose, CA
Seattle/Tacoma, WA
St. Louis, MO
Tampa/St. Petersburg (Sarasota), FL
Washington, D.C.
                           Appendix F
   Section 338 of the Communications Act of 1934, as amended
  Carriage of Local Television Signals by Satellite Carriers.
(a) Carriage obligations.--
(1) In general.--Subject to the limitations of paragraph (2), each satellite carrier providing, under section 122
of title 17, United States Code, secondary transmissions to subscribers located within the local market of a
television broadcast station of a primary transmission made by that station shall carry upon request the signals
of all television broadcast stations located within that local market, subject to section 325(b).
(2) Remedies for failure to carry.--The remedies for any failure to meet the
obligations under this subsection shall be available exclusively under section 501(f) of title 17, United States
Code.
(3) Effective date.--No satellite carrier shall be required to carry local television broadcast stations under
paragraph (1) until January 1, 2002.
(b) Good signal required.--
(1) Costs.--A television broadcast station asserting its right to carriage under subsection (a) shall be required
to bear the costs associated with delivering a good quality signal to the designated local receive facility of the
satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to
carriage in the local market.
(2) Regulations.--The regulations issued under subsection (g) shall set forth the obligations necessary to carry
out this subsection.
(c) Duplication not required.--
(1) Commercial stations.--Notwithstanding subsection (a), a satellite carrier shall not be required to carry upon
request the signal of any local commercial television broadcast station that substantially duplicates the signal
of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier
within the same local market, or to carry upon request the signals of more than one local commercial television
broadcast station in a single local market that is affiliated with
a particular television network unless such stations are licensed to communities in different States.
(2) Noncommercial stations.--The Commission shall prescribe regulations limiting the carriage requirements
under subsection (a) of satellite carriers with respect to the carriage of multiple local noncommercial television
broadcast stations. To the extent possible, such regulations shall provide the same degree of carriage by
satellite carriers of such multiple stations as is provided by cable systems under section 615.
(d) Channel positioning.--No satellite carrier shall be required to provide the signal of a local television
broadcast station to subscribers in that station's local market on any particular channel number or to provide
the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local
television broadcast stations to subscribers in the stations' local market on contiguous channels and provide
access to such station's signals at a nondiscriminatory price and in a nondiscriminatory manner on any
navigational device, on-screen program guide, or menu.
(e) Compensation for carriage.--A satellite carrier shall not accept or request monetary payment or other
valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the
requirements of this section or for channel positioning rights provided to such stations under this section, except
that any such station may be required to bear the costs associated with delivering a good quality signal to the
local receive facility of the satellite carrier.
(f) Remedies.--
(1) Complaints by broadcast stations.--Whenever a local television broadcast station believes that a satellite
carrier has failed to meet its obligations under subsections (b) through (e) of this section, such station shall
notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier
failed to comply with such obligations. The satellite carrier shall, within 30 days after such written notification,
respond in writing to such notification and comply with such obligations or state its reasons for believing that
it is in compliance with such obligations. A local television broadcast station that disputes a response by a
satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by
filing a complaint with the Commission. Such complaint shall allege the manner in which such satellite carrier
has failed to meet its obligations and the basis for such allegations.
(2) Opportunity to respond.--The Commission shall afford the satellite carrier against which a complaint is filed
under paragraph (1) an opportunity to present data and arguments to establish that there has been no failure
to meet its obligations under this section.
(3) Remedial actions; dismissal.--Within 120 days after the date a complaint is filed under paragraph (1), the
Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through
(e). If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission
shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the
satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the complaint.
(g) Regulations by commission.--Within 1 year after the date of the enactment of this section, the Commission
shall issue regulations implementing this section following a rulemaking proceeding. The regulations prescribed
under this section shall include requirements on satellite carriers that are comparable to the requirements on
cable operators under sections 614(b)(3) and (4) and 615(g)(1) and (2).
(h) Definitions.--As used in this section:
(1) Distributor.--The term 'distributor' means an entity which contracts to distribute secondary transmissions
from a satellite carrier and, either as a single channel or in a package with other programming, provides the
secondary transmission either directly to individual subscribers or indirectly through other program distribution
entities.
(2) Local receive facility.--The term 'local receive facility' means the reception point in each local market which
a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.
(3) Local market.--The term 'local market' has the meaning given that term under section 122(j) of title 17,
United States Code.
(4) Satellite carrier.--The term 'satellite carrier' has the meaning given such term under section 119(d) of title
17, United States Code.
(5) Secondary transmission.--The term 'secondary transmission' has the meaning given such term in section
119(d) of title 17, United States Code.
(6) Subscriber.--The term 'subscriber' has the meaning given that term under section 122(j) of title 17, United
States Code.
(7) Television broadcast station.--The term 'television broadcast station' has the meaning given such term in
section 325(b)(7).
                           Appendix G
             Section 614 of the Communications Act
Carriage of Local Commercial Television Signals by Cable Operators
(a) Carriage obligations
 Each cable operator shall carry, on the cable system of that operator, the signals of local commercial television
stations and qualified low power stations as provided by this section.  Carriage of additional broadcast
television signals on such system shall be at the discretion of such operator, subject to section 325(b) of this
title.
(b) Signals required
(1) In general
(A) A cable operator of a cable system with 12 or fewer usable activated channels shall carry the signals of
at least three local commercial television stations, except that if such a system has 300 or fewer subscribers,
it shall not be subject to any requirements under this section so long as such system does not delete from
carriage by that system any signal of a broadcast television station.
(B) A cable operator of a cable system with more than 12 usable activated channels shall carry the signals of
local commercial television stations, up to one-third of the aggregate number of usable activated channels of
such system.
(2) Selection of signals
Whenever the number of local commercial television stations exceeds the  maximum number of signals a cable
system is required to carry under paragraph  (1), the cable operator shall have discretion in selecting which
such stations shall be carried on its cable system, except that--
(A) under no circumstances shall a cable operator carry a qualified low power station in lieu of a local
commercial television station;  and
(B) if the cable operator elects to carry an affiliate of a broadcast network (as such term is defined by the
Commission by regulation), such cable operator shall carry the affiliate of such broadcast network whose city
of license reference point, as defined in section 76.53 of title 47, Code of Federal Regulations (in effect on
January 1, 1991), or any successor regulation thereto, is closest to the principal headend of the cable system.
(3) Content to be carried
(A) A cable operator shall carry in its entirety, on the cable system of that operator, the primary video,
accompanying audio, and line 21 closed caption transmission of each of the local commercial television stations
carried on the cable system and, to the extent technically feasible, program- related material carried in the
vertical blanking interval or on subcarriers. Retransmission of other material in the vertical blanking internal
or other  nonprogram-related material (including teletext and other subscription and advertiser-supported
information services) shall be at the discretion of the cable operator.  Where appropriate and feasible, operators
may delete signal enhancements, such as ghost-canceling, from the broadcast signal and employ such
enhancements at the system headend or headends.
(B) The cable operator shall carry the entirety of the program schedule of any television station carried on the
cable system unless carriage of specific programming is prohibited, and other programming authorized to be
substituted, under section 76.67 or subpart F of part 76 of title 47, Code of Federal Regulations (as in effect
on January 1, 1991), or any successor regulations thereto.
(4) Signal quality
(A) Nondegradation; technical specifications
The signals of local commercial television stations that a cable operator carries shall be carried without
material degradation.  The Commission shall adopt carriage standards to ensure that, to the extent technically
feasible, the quality of signal processing and carriage provided by a cable system for the carriage of local
commercial television stations will be no less than that provided by the system for carriage of any other type
of signal.
(B) Advanced television
At such time as the Commission prescribes modifications of the standards for television broadcast signals, the
Commission shall initiate a proceeding to establish any changes in the signal carriage requirements of cable
television systems necessary to ensure cable carriage of such broadcast signals of local commercial television
stations which have been changed to conform with such modified standards.
(5) Duplication not required
Notwithstanding paragraph (1), a cable operator shall not be required to carry the signal of any local
commercial television station that substantially duplicates the signal of another local commercial television
station which is carried on its cable system, or to carry the signals of more than one local commercial television
station affiliated with a particular broadcast network  (as such term is defined by regulation).  If a cable
operator elects to carry on its cable system a signal which substantially duplicates the signal of another local
commercial television station carried on the cable system, or to carry on its system the signals of more than one
local commercial television station affiliated with a particular broadcast network, all such signals shall be
counted toward the number of signals the operator is required to carry under paragraph (1).
(6) Channel positioning
Each signal carried in fulfillment of the carriage obligations of a cable operator under this section shall be
carried on the cable system channel number on which the local commercial television station is broadcast over
the air, or on the channel on which it was carried on July 19, 1985, or on the channel on which it was carried
on January 1, 1992, at the election of the station, or on such other channel number as is mutually agreed upon
by the station and the cable operator. Any dispute regarding the positioning of a local commercial television
station shall be resolved by the Commission.
(7) Signal availability
Signals carried in fulfillment of the requirements of this section shall be provided to every subscriber of a cable
system.  Such signals shall be viewable via cable on all television receivers of a subscriber which are connected
to a cable system by a cable operator or for which a cable operator provides a connection.  If a cable operator
authorizes subscribers to install additional receiver connections, but does not provide the subscriber with such
connections, or with the equipment and materials for such connections, the operator shall notify such
subscribers of all broadcast stations carried on the cable system which cannot be viewed via cable without a
converter box and shall offer to sell or lease such a converter box to such subscribers at rates in accordance
with section 543(b)(3) of this title.
(8) Identification of signals carried
A cable operator shall identify, upon request by any person, the signals carried on its system in fulfillment of
the requirements of this section.
(9) Notification
A cable operator shall provide written notice to a local commercial television station at least 30 days prior to
either deleting from carriage or repositioning that station.  No deletion or repositioning of a local commercial
television station shall occur during a period in which major television ratings services measure the size of
audiences of local television stations.  The notification provisions of this paragraph shall not be used to
undermine or evade the channel positioning or carriage requirements imposed upon cable operators under this
section.
(10) Compensation for carriage
A cable operator shall not accept or request monetary payment or other valuable consideration in exchange
either for carriage of local commercial television stations in fulfillment of the requirements of this section or
for the channel positioning rights provided to such stations under this section, except that--
(A) any such station may be required to bear the costs associated with delivering a good quality signal or a
baseband video signal to the principal headend of the cable system;
(B) a cable operator may accept payments from stations which would be   considered distant signals under
section 111 of Title 17 as indemnification for any increased copyright liability resulting from carriage of such
signal;  and
(C) a cable operator may continue to accept monetary payment or other valuable consideration in exchange
for carriage or channel positioning of the signal of any local commercial television station carried in fulfillment
of the requirements of this section, through, but not beyond, the date of expiration of an agreement thereon
between a cable operator and a local commercial television station entered into prior to June 26, 1990.
(c) Low power station carriage obligation
(1) Requirement
If there are not sufficient signals of full power local commercial television stations to fill the channels set aside
under subsection (b) of this section--
(A) a cable operator of a cable system with a capacity of 35 or fewer usable activated channels shall be
required to carry one qualified low power station;  and
(B) a cable operator of a cable system with a capacity of more than 35 usable activated channels shall be
required to carry two qualified low power stations.
(2) Use of public, educational, or governmental channels
A cable operator required to carry more than one signal of a qualified low power station under this subsection
may do so, subject to approval by the franchising authority pursuant to section 531 of this title, by placing such
additional station on public, educational, or governmental channels not in use for their designated purposes.
(d) Remedies
(1) Complaints by broadcast stations
Whenever a local commercial television station believes that a cable operator has failed to meet its obligations
under this section, such station shall notify the operator, in writing, of the alleged failure and identify its
reasons for believing that the cable operator is obligated to carry the signal of such station or has otherwise
failed to comply with the channel positioning or repositioning or other requirements of this section.  The cable
operator shall, within 30 days of such written notification, respond in writing to such notification and either
commence to carry the signal of such station in accordance with the terms requested or state its reasons for
believing that it is not obligated to carry such signal or is in compliance with the channel positioning and
repositioning and other requirements of this section.  A local commercial television station that is denied
carriage or channel positioning or repositioning in accordance with this section by a cable operator may obtain
review of such denial by filing a complaint with the Commission.  Such complaint shall allege the manner in
which such cable operator has failed to meet its obligations and the basis for such allegations.
(2) Opportunity to respond
The Commission shall afford such cable operator an opportunity to present data and arguments to establish
that there has been no failure to meet its obligations under this section.
(3) Remedial actions; dismissal
Within 120 days after the date a complaint is filed, the Commission shall determine whether the cable operator
has met its obligations under this section.  If the Commission determines that the cable operator has failed to
meet such obligations, the Commission shall order the cable operator to reposition the complaining station or,
in the case of an obligation to carry a station, to commence carriage of the station and to continue such carriage
for at least 12 months.  If the Commission determines that the cable operator has fully met the requirements
of this section, it shall dismiss the complaint.
(e) Input selector switch rules abolished
No cable operator shall be required--
(1) to provide or make available any input selector switch as defined in section 76.5(mm) of title 47, Code of
Federal Regulations, or any comparable device;  or
(2) to provide information to subscribers about input selector switches or comparable devices.
(f) Regulations by Commission
Within 180 days after October 5, 1992, the Commission shall, following a rulemaking proceeding, issue
regulations implementing the requirements imposed by this section.  Such implementing regulations shall
include necessary revisions to update section 76.51 of title 47 of the Code of Federal Regulations.
(g) Sales presentations and program length commercials
(1) Carriage pending proceeding
Pending the outcome of the proceeding under paragraph (2), nothing in this chapter shall require a cable
operator to carry on any tier, or prohibit a cable operator from carrying on any tier, the signal of any
commercial television station or video programming service that is predominantly utilized for the transmission
of sales presentations or program length commercials.
(2) Proceeding concerning certain stations
Within 270 days after October 5, 1992, the Commission, notwithstanding prior proceedings to determine
whether broadcast television stations that are predominantly utilized for the transmission of sales presentations
or program length commercials are serving the public interest, convenience, and necessity, shall complete a
proceeding in accordance with this paragraph to determine whether broadcast television stations that are
predominantly utilized for the transmission of sales presentations or program length commercials are serving
the public interest, convenience, and necessity.  In conducting such proceeding, the Commission shall provide
appropriate notice and opportunity for public comment.  The Commission shall consider the viewing of such
stations, the level of competing demands for the spectrum allocated to such stations, and the role of such
stations in providing competition to nonbroadcast services offering similar programming.  In the event that the
Commission concludes that one or more of such stations are serving the public interest, convenience, and
necessity, the Commission shall qualify such stations as local commercial television stations for purposes of
subsection (a) of this section.  In the event that the Commission concludes that one or more of such stations
are not serving the public interest, convenience, and necessity, the Commission shall allow the licensees of such
stations a  reasonable period within which to provide different programming, and shall not deny such stations
a renewal expectancy solely because their programming consisted predominantly of sales presentations or
program length commercials.
(h) Definitions
(1) Local commercial television station
(A) In general
For purposes of this section, the term "local commercial television station" means any full power television
broadcast station, other than a qualified noncommercial educational television station within the meaning of
section 535(l)(1) of this title, licensed and operating on a channel regularly assigned to its community by the
Commission that, with respect to a particular cable system, is within the same television market as the cable
system.
(B) Exclusions
The term "local commercial television station" shall not include--
(i) low power television stations, television translator stations, and passive repeaters which operate pursuant
to part 74 of title 47, Code of Federal Regulations, or any successor regulations thereto;
(ii) a television broadcast station that would be considered a distant signal under section 111 of Title 17 if such
station does not agree to indemnify the cable operator for any increased copyright liability resulting from
carriage on the cable system;  or
(iii) a television broadcast station that does not deliver to the principal headend of a cable system either a signal
level of -45dBm for UHF signals or -49dBm for VHF signals at the input terminals of the signal processing
equipment, if such station does not agree to be responsible for the costs of delivering to the cable system a
signal of good quality or a baseband video signal.
(C) Market determinations
(i) For purposes of this section, a broadcasting station's market shall be determined by the Commission by
regulation or order using, where available, commercial publications which delineate television markets based
on viewing patterns, except that, following a written request, the Commission may, with respect to a particular
television broadcast station, include additional communities within its television market or exclude communities
from such station's television market to better effectuate the purposes of this section.  In considering such
requests, the Commission may determine that particular communities are part of more than one television
market.
(ii) In considering requests filed pursuant to clause (i), the Commission shall afford particular attention to the
value of localism by taking into account such factors as--
(I) whether the station, or other stations located in the same area, have been historically carried on the cable
system or systems within such community;
(II) whether the television station provides coverage or other local service to such community;
(III) whether any other television station that is eligible to be carried by a cable system in such community in
fulfillment of the requirements of this section provides news coverage of issues of concern to such community
or provides carriage or coverage of sporting and other events of interest to the community;  and
(IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system
or systems in such community.
(iii) A cable operator shall not delete from carriage the signal of a commercial television station during the
pendency of any proceeding pursuant to this subparagraph.
(iv) Within 120 days after the date on which a request is filed under this subparagraph (or 120 days after
February 8, 1996, if later), the Commission shall grant or deny the request.
(2) Qualified low power station
The term "qualified low power station" means any television broadcast station conforming to the rules
established for Low Power Television Stations contained in part 74 of title 47, Code of Federal Regulations,
only if--
(A) such station broadcasts for at least the minimum number of hours of operation required by the Commission
for television broadcast stations under part 73 of title 47, Code of Federal Regulations;
(B) such station meets all obligations and requirements applicable to television broadcast stations under part
73 of title 47, Code of Federal   Regulations, with respect to the broadcast of nonentertainment programming;
programming and rates involving political candidates, election issues, controversial issues of public importance,
editorials, and personal attacks; programming for children;  and equal employment opportunity;  and the
Commission determines that the provision of such programming by such station would address local news and
informational needs which are not being adequately served by full power television broadcast stations because
of the geographic distance of such full power stations from the low power station's community of license;
(C) such station complies with interference regulations consistent with its secondary status pursuant to part
74 of title 47, Code of Federal Regulations;
(D) such station is located no more than 35 miles from the cable system's headend, and delivers to the principal
headend of the cable system an over- the-air signal of good quality, as determined by the Commission;
(E) the community of license of such station and the franchise area of the cable system are both located outside
of the largest 160 Metropolitan Statistical Areas, ranked by population, as determined by the Office of
Management and Budget on June 30, 1990, and the population of such community of license on such date did
not exceed 35,000;  and
(F) there is no full power television broadcast station licensed to any community within the county or other
political subdivision (of a State) served by the cable system.
Nothing in this paragraph shall be construed to change the secondary status of any low power station as
provided in part 74 of title 47, Code of Federal Regulations, as in effect on October 5, 1992.
                                                           Appendix H
             Section 615 of the Communications Act
Carriage of Noncommercial Educational Television Signals by Cable Operators
(a) Carriage obligations
In addition to the carriage requirements set forth in section 534 of this title, each cable operator of a cable
system shall carry the signals of qualified noncommercial educational television stations in accordance with
the provisions of this section.
(b) Requirements to carry qualified stations
(1) General requirement to carry each qualified station
Subject to paragraphs (2) and (3) and subsection (e) of this section, each cable operator shall carry, on the
cable system of that cable operator, any qualified local noncommercial educational television station requesting
carriage.
(2) Systems with 12 or fewer channels
(A) Notwithstanding paragraph (1), a cable operator of a cable system with 12 or fewer usable activated
channels shall be required to carry the signal of one qualified local noncommercial educational television
station;  except that a cable operator of such a system shall comply with subsection (c) of this section and may,
in its discretion, carry the signals of other qualified noncommercial educational television stations.
(B) In the case of a cable system described in subparagraph (A) which operates beyond the presence of any
qualified local noncommercial educational  television station--
(i) the cable operator shall import and carry on that system the signal of one qualified noncommercial
educational television station;
(ii) the selection for carriage of such a signal shall be at the election of the cable operator;  and
(iii) in order to satisfy the requirements for carriage specified in this subsection, the cable operator of the
system shall not be required to remove any other programming service actually provided to subscribers on
March 29, 1990;  except that such cable operator shall use the first channel available to satisfy the
requirements of this subparagraph.
(3) Systems with 13 to 36 channels
(A) Subject to subsection (c) of this section, a cable operator of a cable system with 13 to 36 usable activated
channels--
(i) shall carry the signal of at least one qualified local noncommercial educational television station but shall
not be required to carry the signals of more than three such stations, and
(ii) may, in its discretion, carry additional such stations.
(B) In the case of a cable system described in this paragraph which operates  beyond the presence of any
qualified local noncommercial educational television station, the cable operator shall import and carry on that
system the signal of at least one qualified noncommercial educational television station to comply with
subparagraph (A)(i).
(C) The cable operator of a cable system described in this paragraph which carries the signal of a qualified
local noncommercial educational station affiliated with a State public television network shall not be required
to carry the signal of any additional qualified local noncommercial educational television stations affiliated with
the same network if the programming of such additional stations is substantially duplicated by the programming
of the qualified local noncommercial educational television station receiving carriage.
(D) A cable operator of a system described in this paragraph which increases the usable activated channel
capacity of the system to more than 36 channels on or after March 29, 1990, shall, in accordance with the other
provisions of this section, carry the signal of each qualified local noncommercial educational television station
requesting carriage, subject to subsection (e) of this section.
(c) Continued carriage of existing stations
Notwithstanding any other provision of this section, all cable operators shall continue to provide carriage to
all qualified local noncommercial educational television stations whose signals were carried on their systems
as of March 29, 1990.   The requirements of this subsection may be waived with respect to a particular cable
operator and a particular such station, upon the written consent of the cable operator and the station.
(d) Placement of additional signals
A cable operator required to add the signals of qualified local noncommercial educational television stations
to a cable system under this section may do so, subject to approval by the franchising authority pursuant to
section 531 of this title, by placing such additional stations on public, educational, or governmental channels
not in use for their designated purposes.
(e) Systems with more than 36 channels
A cable operator of a cable system with a capacity of more than 36 usable activated channels which is required
to carry the signals of three qualified local noncommercial educational television stations shall not be required
to carry the signals of additional such stations the programming of which substantially duplicates the
programming broadcast by another qualified local noncommercial educational television station requesting
carriage.   Substantial duplication shall be defined by the Commission in a manner that promotes access to
distinctive noncommercial educational television services.
(f) Waiver of nonduplication rights
A qualified local noncommercial educational television station whose signal is carried by a cable operator shall
not assert any network nonduplication rights it may have pursuant to section 76.92 of title 47, Code of Federal
Regulations, to require the deletion of programs aired on other qualified local noncommercial educational
television stations whose signals are carried by that cable operator.
(g) Conditions of carriage
(1) Content to be carried
A cable operator shall retransmit in its entirety the primary video, accompanying audio, and line 21 closed
caption transmission of each qualified local noncommercial educational television station whose signal is
carried on the cable system, and, to the extent technically feasible, program-related material carried in the
vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped
persons or for educational or language purposes.  Retransmission of other material in the vertical blanking
interval or on subcarriers shall be within the discretion of the cable operator.
(2) Bandwidth and technical quality
A cable operator shall provide each qualified local noncommercial educational television station whose signal
is carried in accordance with this section with bandwidth and technical capacity equivalent to that provided to
commercial television broadcast stations carried on the cable system and shall carry the signal of each qualified
local noncommercial educational television station without material degradation.
(3) Changes in carriage
The signal of a qualified local noncommercial educational television station shall not be repositioned by a cable
operator unless the cable operator, at least 30 days in advance of such repositioning, has provided written
notice to the station and all subscribers of the cable system.  For purposes of this paragraph, repositioning
includes (A) assignment of a qualified local noncommercial educational television station to a cable system
channel number different from the cable system channel number to which the station was assigned as of March
29, 1990, and (B) deletion of the station from the cable system.  The notification provisions of this paragraph
shall not be used to undermine or evade the channel positioning or carriage requirements imposed upon cable
operators under this section.
(4) Good quality signal required
Notwithstanding the other provisions of this section, a cable operator shall not be required to carry the signal
of any qualified local noncommercial educational television station which does not deliver to the cable system's
principal headend a signal of good quality or a baseband video signal, as may  be defined by the Commission.
(5) Channel positioning
Each signal carried in fulfillment of the carriage obligations of a cable operator under this section shall be
carried on the cable system channel number on which the qualified local noncommercial educational television
station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, at the election of
the station, or on such other channel number as is mutually agreed upon by the station and the cable operator.
Any dispute regarding the positioning of a qualified local noncommercial educational television station shall
be resolved by the Commission.
(h) Availability of signals
Signals carried in fulfillment of the carriage obligations of a cable operator under this section shall be available
to every subscriber as part of the cable system's lowest priced service tier that includes the retransmission of
local commercial television broadcast signals.
(i) Payment for carriage prohibited
(1) In general
A cable operator shall not accept monetary payment or other valuable consideration in exchange for carriage
of the signal of any qualified local noncommercial educational television station carried in fulfillment of the
requirements of this section, except that such a station may be required to bear the cost associated with
delivering a good quality signal or a baseband video signal to the principal headend of the cable system.
(2) Distant signal exception
Notwithstanding the provisions of this section, a cable operator shall not be required to add the signal of a
qualified local noncommercial educational television station not already carried under the provision of
subsection (c) of this section, where such signal would be considered a distant signal for copyright purposes
unless such station indemnifies the cable operator for any increased copyright costs resulting from carriage of
such signal.
(j) Remedies
(1) Complaint
Whenever a qualified local noncommercial educational television station believes that a cable operator of a
cable system has failed to comply with the signal carriage requirements of this section, the station may file a
complaint with the Commission.  Such complaint shall allege the manner in which such cable operator has
failed to comply with such requirements and state the basis for such allegations.
(2) Opportunity to respond
The Commission shall afford such cable operator an opportunity to present data, views, and arguments to
establish that the cable operator has complied with the signal carriage requirements of this section.
(3) Remedial actions; dismissal
Within 120 days after the date a complaint is filed under this subsection, the Commission shall determine
whether the cable operator has complied with the requirements of this section.  If the Commission determines
that the cable operator has failed to comply with such requirements, the Commission shall state with
particularity the basis for such findings and order the cable operator to take such remedial action as is
necessary to meet such requirements.  If the Commission determines that the cable operator has fully complied
with such requirements, the Commission shall dismiss the complaint.
(k) Identification of signals
A cable operator shall identify, upon request by any person, those signals carried in fulfillment of the
requirements of this section.
(l) Definitions
 For purposes of this section--
(1) Qualified noncommercial educational television station
The term "qualified noncommercial educational television station" means any television broadcast station
which--
(A)(i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the
Commission as a noncommercial educational television broadcast station and which is owned and operated by
a public agency, nonprofit foundation, corporation, or association;  and
(ii) has as its licensee an entity which is eligible to receive a community service grant, or any successor grant
thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of
the formula set forth in section 396(k)(6)(B) of this title;  or
(B) is owned and operated by a municipality and transmits predominantly noncommercial programs for
educational purposes.
Such term includes (I) the translator of any noncommercial educational television station with five watts or
higher power serving the franchise area, (II) a full-service station or translator if such station or translator is
licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code
of Federal Regulations, or any successor regulations thereto, and (III) such stations and translators operating
on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.
(2) Qualified local noncommercial educational television station
The term "qualified local noncommercial educational television station" means a qualified noncommercial
educational television station--
(A) which is licensed to a principal community whose reference point, as defined in section 76.53 of title 47,
Code of Federal Regulations (as in effect on March 29, 1990), or any successor regulations thereto, is within
50 miles of the principal headend of the cable system;  or
(B) whose Grade B service contour, as defined in section 73.683(a) of such title (as in effect on March 29,
1990), or any successor regulations thereto, encompasses the principal headend of the cable system.
                           Appendix I
          Section 122 of the Copyright Act, as Amended
Limitations on exclusive rights; secondary transmissions by satellite carriers within local markets
(a) Secondary transmissions of television broadcast stations by satellite carriers.--A secondary transmission
of a performance or display of a work  embodied in a primary transmission of a television broadcast station
into the station's local market shall be subject to statutory licensing under this section if--
(1) the secondary transmission is made by a satellite carrier to the public;
(2) with regard to secondary transmissions, the satellite carrier is in compliance with the rules, regulations, or
authorizations of the Federal Communications Commission governing the carriage of television broadcast
station signals;  and
(3) the satellite carrier makes a direct or indirect charge for the secondary transmission to--
(A) each subscriber receiving the secondary transmission;  or
(B) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary
transmission to the public.
(b) Reporting requirements.--
(1) Initial lists.--A satellite carrier that makes secondary transmissions of a primary transmission made by a
network station under subsection (a) shall, within 90 days after commencing such secondary transmissions,
submit to the network that owns or is affiliated with the network station a list identifying (by name in
alphabetical order and street address, including county and zip code) all subscribers to which the satellite
carrier makes secondary transmissions of that primary transmission under subsection (a).
(2) Subsequent lists.--After the list is submitted under paragraph (1), the satellite carrier shall, on the 15th of
each month, submit to the network a list identifying (by name in alphabetical order and street address, including
county and zip code) any subscribers who have been added or dropped as subscribers since the last submission
under this subsection.
(3) Use of subscriber information.--Subscriber information submitted by a  satellite carrier under this
subsection may be used only for the purposes of monitoring compliance by the satellite carrier with this section.
(4) Requirements of networks.--The submission requirements of this subsection shall apply to a satellite carrier
only if the network to which the submissions are to be made places on file with the Register of Copyrights a
document identifying the name and address of the person to whom such submissions are to be made.  The
Register of Copyrights shall maintain for public inspection a file of all such documents.
(c) No royalty fee required.--A satellite carrier whose secondary transmissions are subject to statutory licensing
under subsection (a) shall have no royalty obligation for such secondary transmissions.
(d) Noncompliance with reporting and regulatory requirements.--Notwithstanding subsection (a), the willful
or repeated secondary transmission to the public by a satellite carrier into the local market of a television
broadcast station of a primary transmission embodying a performance or display of a work made by that
television broadcast station is actionable as an act of infringement under section 501, and is fully subject to
the remedies provided under sections 502 through 506 and 509, if the satellite carrier has not complied with
the reporting requirements of subsection (b) or with the rules, regulations, and authorizations of the Federal
Communications Commission concerning the carriage of television broadcast signals.
(e) Willful alterations.--Notwithstanding subsection (a), the secondary transmission to the public by a satellite
carrier into the local market of a television broadcast station of a performance or display of a work embodied
in a primary transmission made by that television broadcast station is actionable as an act of infringement
under section 501, and is fully subject to the remedies provided by sections 502 through 506 and sections 509
and 510, if the content of the particular program in which the performance or display is embodied, or any
commercial advertising or station announcement transmitted by the primary transmitter during, or immediately
before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through
changes, deletions, or additions, or is combined with programming from any other broadcast signal.
(f) Violation of territorial restrictions on statutory license for television broadcast stations.--
(1) Individual violations.--The willful or repeated secondary transmission to the public by a satellite carrier of
a primary transmission embodying a performance or display of a work made by a television broadcast station
to a subscriber who does not reside in that station's local market, and is not subject to statutory licensing under
section 119 or a private licensing agreement, is actionable as an act of infringement under section 501 and is
fully subject to the remedies provided by sections 502 through 506 and 509, except that--
(A) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by
promptly withdrawing service from the ineligible subscriber;  and
(B) any statutory damages shall not exceed $5 for such subscriber for each month during which the violation
occurred.
(2) Pattern of violations.--If a satellite carrier engages in a willful or repeated pattern or practice of secondarily
transmitting to the public a primary transmission embodying a performance or display of a work made by a
television broadcast station to subscribers who do not reside in that station's local market, and are not subject
to statutory licensing under section 119 or a private licensing agreement, then in addition to the remedies under
paragraph (1)--
(A) if the pattern or practice has been carried out on a substantially nationwide basis, the court--
(i) shall order a permanent injunction barring the secondary transmission by the satellite carrier of the primary
transmissions of that television broadcast station (and if such television broadcast station is a network    station,
all other television broadcast stations affiliated with such network);  and
(ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or
practice was carried out;  and
(B) if the pattern or practice has been carried out on a local or regional basis with respect to more than one
television broadcast station, the court--
(i) shall order a permanent injunction barring the secondary transmission in that locality or region by the
satellite carrier of the primary transmissions of any television broadcast station;  and
(ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or
practice was carried out.
(g) Burden of proof.--In any action brought under subsection (f), the satellite carrier shall have the burden of
proving that its secondary transmission of a primary transmission by a television broadcast station is made only
to subscribers located within that station's local market or subscribers being served in compliance with section
119 or a private licensing agreement.
(h) Geographic limitations on secondary transmissions.--The statutory license created by this section shall
apply to secondary transmissions to locations in the United States.
(i) Exclusivity with respect to secondary transmissions of broadcast stations by satellite to members of the
public.--No provision of section 111 or any  other law (other than this section and section 119) shall be
construed to contain any authorization, exemption, or license through which secondary transmissions by
satellite carriers of programming contained in a primary transmission made by a television broadcast station
may be made without obtaining the consent of the copyright owner.
(j) Definitions.--In this section--
(1) Distributor.--The term "distributor" means an entity which contracts to distribute secondary transmissions
from a satellite carrier and, either as a single channel or in a package with other programming, provides the
secondary transmission either directly to individual subscribers or indirectly through other program distribution
entities.
(2) Local market.--
(A) In general.--The term "local market", in the case of both commercial and noncommercial television
broadcast stations, means the designated market area in which a station is located, and--
(i) in the case of a commercial television broadcast station, all commercial television broadcast stations licensed
to a community within the same designated market area are within the same local market;  and
(ii) in the case of a noncommercial educational television broadcast station, the market includes any station that
is licensed to a community within the same designated market area as the noncommercial educational television
broadcast station.
(B) County of license.--In addition to the area described in subparagraph  (A), a station's local market includes
the county in which the station's community of license is located.
(C) Designated market area.--For purposes of subparagraph (A), the term  "designated market area" means a
designated market area, as determined by Nielsen Media Research and published in the 1999-2000 Nielsen
Station Index Directory and Nielsen Station Index United States Television Household Estimates or any
successor publication.
(3) Network station; satellite carrier; secondary transmission.--The terms  "network station", "satellite carrier",
and "secondary transmission" have the meanings given such terms under section 119(d).
(4) Subscriber.--The term "subscriber" means a person who receives a secondary transmission service from
a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.
(5) Television broadcast station.--The term "television broadcast station"--
(A) means an over-the-air, commercial or noncommercial television broadcast   station licensed by the Federal
Communications Commission under subpart E of  part 73 of title 47, Code of Federal Regulations, except that
such term does not include a low-power or translator television station;  and
(B) includes a television broadcast station licensed by an appropriate governmental authority of Canada or
Mexico if the station broadcasts primarily in the English language and is a network station as defined in section
119(d)(2)(A).

                           Appendix J
                     Nielsen Media Research
          Designated Market Area Ranking for 2000-2001
                               1
                            New York
                               2
                          Los Angeles
                               3
                            Chicago
                               4
                          Philadelphia
                               5
                 San Francisco-Oakland-San Jose
                               6
                      Boston (Manchester)
                               7
                        Dallas-Ft. Worth
                               8
                  Washington, DC (Hagerstown)
                               9
                            Detroit
                               10
                            Atlanta
                               11
                            Houston
                               12
                         Seattle-Tacoma
                               13
                      Minneapolis-St. Paul
                               14
                Tampa-St. Petersburg (Sarasota)
                               15
                           Cleveland
                               16
                      Miami-Ft. Lauderdale
                               17
                            Phoenix
                               18
                             Denver
                               19
                  Sacramento-Stockton-Modesto
                               20
                           Pittsburgh
                               21
                     Orlando-Daytona Beach-
                           Melbourne
                               22
                           St. Louis
                               23
                          Portland, OR
                               24
                           Baltimore
                               25
                           San Diego
                               26
                          Indianapolis
                               27
                       Hartford-New Haven
                               28
                           Charlotte
                               29
                  Raleigh-Durham (Fayettevlle)
                               30
                          Kansas City
                               31
                           Nashville
                               32
                           Cincinnati
                               33
                           Milwaukee
                               34
                          Columbus, OH
                               35
                     Greenville-Spartanburg
                               36
                         Salt Lake City
                               37
                          San Antonio
                               38
                     Grand Rapids-Kalamazoo
                               39
                Birmingham (Anniston,Tuscaloosa)
                               40
                            Memphis
                               41
                Norfolk-Portsmouth-Newport News
                               42
                          New Orleans
                               43
                   West Palm Beach-Ft. Pierce
                               44
                            Buffalo
                               45
                         Oklahoma City
                               46
                      Harrisburg-Lancaster
                               47
                     Greensboro-High Point
                               48
                           Louisville
                               49
                     Providence-New Bedford
                               50
                      Albuquerque-Santa Fe
                               51
                           Las Vegas
                               52
                     Wilkes Barre-Scranton
                               53
                    Jacksonville, Brunswick
                               54
                         Fresno-Visalia
                               55
                             Dayton
                               56
                    Albany-Schenectady-Troy
                               57
                     Little Rock-Pine Bluff
                               58
                             Austin
                               59
                             Tulsa
                               60
                      Richmond-Petersburg
                               61
                     Charleston-Huntington
                               62
                       Mobile-Pensacola
                               63
                           Knoxville
                               64
                     Flint-Saginaw-Bay City
                               65
                    Wichita-Hutchinson Plus
                               66
                           Lexington
                               67
                             Toledo
                               68
                       Roanoke-Lynchburg
                               69
                       Green Bay-Appleton
                               70
                        Des Moines-Ames
                               71
                     Tucson (Sierra Vista)
                               72
                            Honolulu
                               73
                            Paducah
                               74
                         Rochester, NY
                               75
                             Omaha
                               76
                           Shreveport
                               77
                            Spokane
                               78
                        Springfield, MO
                               79
                        Portland-Auburn
                               80
                            Syracuse
                               81
                        Ft. Myers-Naples
                               82
                 Huntsville-Decatur (Florence)
                               83
                Champaign & Springfield-Decatur
                               84
                            Madison
                               85
                          Columbia, SC
                               86
                          Chattanooga
                               87
                       South Bend-Elkhart
                               88
                          Jackson, MS
                               89
                          Cedar Rapids
                               90
                           Davenport
                               91
                     Burlington-Plattsburgh
                               92
                    Colorado Springs-Pueblo
                               93
                       Tri-Cities, TN-VA
                               94
                       Waco-Temple-Bryan
                               95
                       Johnstown-Altoona
                               96
                          Baton Rouge
                               97
                           Evansville
                               98
                            El Paso
                               99
                           Youngstown
                              100
                            Savannah
                              101
                 Lincoln & Hastings-Kearny Plus
                              102
                           Harlingen
                              103
                         Charleston, SC
                              104
                           Ft. Wayne
                              105
                      Springfield-Holyoke
                              106
                      Greenville-New Bern
                              107
                            Lansing
                              108
                         Tyler-Longview
                              109
                              Reno
                              110
                    Tallahassee-Thomasville
                              111
                     Sioux Falls (Mitchell)
                              112
                       Peoria-Bloomington
                              113
                            Augusta
                              114
                     Florence-Myrtle Beach
                              115
                           Ft. Smith
                              116
                       Montgomery (Selma)
                              117
                         Santa Barbara
                              118
                        Monterey-Salinas
                              119
                     Traverse City-Cadillac
                              120
                       Fargo-Valley City
                              121
                             Macon
                              122
                             Eugene
                              123
                             Boise
                              124
                         Lafayette, LA
                              125
                          Yakima-Pasco
                              126
                      La Crosse-Eau Claire
                              127
                            Amarillo
                              128
                          Columbus, GA
                              129
                         Corpus Christi
                              130
                          Bakersfield
                              131
                   Columbus-Tupelo-West Point
                              132
                        Duluth-Superior
                              133
                         Chico-Redding
                              134
                        Monroe-El Dorado
                              135
                            Rockford
                              136
                       Wausau-Rhinelander
                              137
                      Beaumont-Port Arthur
                              138
                             Topeka
                              139
                          Terre Haute
                              140
                     Wheeling-Steubenville
                              141
                     Medford-Klamath Falls
                              142
                              Erie
                              143
                    Columbia-Jefferson City
                              144
                           Sioux City
                              145
                        Joplin-Pittsburg
                              146
                     Wichita Falls & Lawton
                              147
                            Lubbock
                              148
                           Wilmington
                              149
                   Bluefield-Beckley-Oak Hill
                              150
                           Albany, GA
                              151
                         Odessa-Midland
                              152
                    Minot-Bismarck-Dickinson
                              153
                  Rochester-Mason City-Austin
                              154
                           Anchorage
                              155
                             Bangor
                              156
                           Binghamton
                              157
                        Biloxi-Gulfport
                              158
                          Panama City
                              159
                          Palm Springs
                              160
                       Abilene-Sweetwater
                              161
                      Sherman, TX-Ada, OK
                              162
                           Salisbury
                              163
                     Quincy-Hannibal-Keokuk
                              164
                     Idaho Falls-Pocatello
                              165
                       Clarksburg-Weston
                              166
                          Gainesville
                              167
                       Hattiesburg-Laurel
                              168
                             Utica
                              169
                            Billings
                              170
                            Missoula
                              171
                             Elmira
                              172
                             Dothan
                              173
                          Lake Charles
                              174
                         Yuma-El Centro
                              175
                           Rapid City
                              176
                           Watertown
                              177
                           Marquette
                              178
                         Alexandria, LA
                              179
                          Harrisonburg
                              180
                           Jonesboro
                              181
                         Bowling Green
                              182
                      Greenwood-Greenville
                              183
                            Meridian
                              184
                          Jackson, TN
                              185
                          Parkersburg
                              186
                    Grand Junction-Montrose
                              187
                          Great Falls
                              188
                           Twin Falls
                              189
                             Laredo
                              190
                       Butte-Bozeman, MT
                              191
                             Eureka
                              192
                           St. Joseph
                              193
                        Charlottesville
                              194
                         Lafayette, IN
                              195
                            Mankato
                              196
                           San Angelo
                              197
                        Casper-Riverton
                              198
                   Cheyenne, WY-Scottsbluff,
                              199
                       Ottumwa-Kirksville
                              200
                            Bend, OR
                              201
                              Lima
                              202
                           Zanesville
                              203
                           Fairbanks
                              204
                            Victoria
                              205
                          Presque Isle
                              206
                           Juneau, AK
                              207
                             Helena
                              208
                             Alpena
                              209
                          North Platte
                              210
                            Glendive