89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–349 

SATELLITE HOME VIEWER REAUTHORIZATION ACT OF 

2009 

DECEMBER 2, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. WAXMAN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 2994] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 2994) to reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 8 

Background and Need for Legislation .................................................................... 8 

Legislative History .................................................................................................. 10 

Committee Consideration ........................................................................................ 11 

Committee Votes ...................................................................................................... 11 

Statement of Committee Oversight Findings and Recommendations ................. 13 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 13 

Statement of General Performance Goals and Objectives .................................... 13 

Constitutional Authority Statement ...................................................................... 13 

Earmarks and Tax and Tariff Benefits .................................................................. 13 

Federal Advisory Committee Statement ................................................................ 13 

Applicability of Law to Legislative Branch ........................................................... 13 

Federal Mandates Statement ................................................................................. 13 

Committee Cost Estimate ....................................................................................... 14 


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Congressional Budget Office Cost Estimate .......................................................... 14 

Section-by-Section Analysis of the Legislation ...................................................... 15 

Explanation of Amendment .................................................................................... 22 

Changes in Existing Law Made by the Bill, as Reported ..................................... 23 

Minority Views ......................................................................................................... 42 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Satellite Home Viewer Reauthorization Act of 

2009’’. 

SEC. 2. EXTENSION OF AUTHORITY. 

Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended— 

(1) in paragraph (2)(C), by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2014’’; and 

(2) in paragraph (3)(C), by striking ‘‘January 1, 2010’’ each place it appears 

in clauses (ii) and (iii) and inserting ‘‘January 1, 2015’’. 

SEC. 3. SIGNIFICANTLY VIEWED STATIONS. 

(a) IN GENERAL.—Paragraphs (1) and (2) of section 340(b) of such Act (47 U.S.C. 

340(b)) are amended to read as follows: 

‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE.— 

This section shall apply only to retransmissions to subscribers of a satellite carrier who receive retransmissions of a signal from that satellite carrier pursuant 

to section 338. 

‘‘(2) SERVICE LIMITATIONS.—A satellite carrier may retransmit to a subscriber 

in high definition format the signal of a station determined by the Commission 

to be significantly viewed under subsection (a) only if such carrier also retransmits in high definition format the signal of a station located in the local market 

of such subscriber and affiliated with the same network whenever such format 

is available from such station.’’. 

(b) RULEMAKING REQUIRED.—Within 180 days after the date of the enactment of 

this Act, the Federal Communications Commission shall take all actions necessary 

to promulgate a rule to implement the amendments made by subsection (a). 

SEC. 4. CONFORMING AMENDMENTS. 

(a) SECTION 338.—Section 338 of the Communications Act of 1934 (47 U.S.C. 338) 

is amended— 

(1) in subsection (a), by striking ‘‘(3) EFFECTIVE DATE.—No satellite’’ and all 

that follows through ‘‘until January 1, 2002.’’; and 

(2) by amending subsection (g) to read as follows: 

‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE RECEPTION ANTENNA.— 

‘‘(1) SINGLE RECEPTION ANTENNA.—Each satellite carrier that retransmits the 

signals of local television broadcast stations in a local market shall retransmit 

such stations in such market so that a subscriber may receive such stations by 

means of a single reception antenna and associated equipment. 

‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If the carrier retransmits the signals 

of local television broadcast stations in a local market in high definition format, 

the carrier shall retransmit such signals in such market so that a subscriber 

may receive such signals by means of a single reception antenna and associated 

equipment, but such antenna and associated equipment may be separate from 

the single reception antenna and associated equipment used to comply with 

paragraph (1).’’. 

(b) SECTION 339.—Section 339 of such Act (47 U.S.C. 339) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(B), by striking ‘‘Such two network stations’’ and all 

that follows through ‘‘more than two network stations.’’; and 

(B) in paragraph (2)— 

(i) in the heading for subparagraph (A), by striking ‘‘TO ANALOG SIGNALS’’; 

(ii) in subparagraph (A)— 

(I) in the heading for clause (i), by striking ‘‘ANALOG’’; 

(II) in clause (i)— 

(aa) by striking ‘‘analog’’ each place it appears; and 


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(bb) by striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 

2009’’; 

(III) in the heading for clause (ii), by striking ‘‘ANALOG’’; and 

(IV) in clause (ii)— 

(aa) by striking ‘‘analog’’ each place it appears; and 

(bb) by striking ‘‘2004’’ and inserting ‘‘2009’’; 

(iii) by amending subparagraph (B) to read as follows: 

‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 

‘‘(i) IN GENERAL.—In the case of a subscriber of a satellite carrier who 

is eligible to receive the signal of a network station under this section 

(in this clause referred to as a ‘distant signal’), other than subscribers 

to whom subparagraph (A) applies, the following shall apply: 

‘‘(I) In a case in which the satellite carrier makes available to 

that subscriber, on January 1, 2005, the signal of a local network 

station affiliated with the same television network pursuant to section 338, the carrier may only provide the secondary transmissions 

of the distant signal of a station affiliated with the same network 

to that subscriber if the subscriber’s satellite carrier, not later than 

March 1, 2005, submits to that television network the list and 

statement required by subparagraph (F)(i). 

‘‘(II) In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the signal of a local 

network station pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station 

affiliated with the same network to that subscriber if— 

‘‘(aa) that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry 

pursuant to section 338 the signals of stations from the local 

market of such local network station; and 

‘‘(bb) the satellite carrier, within 60 days after such date, 

submits to each television network the list and statement required by subparagraph (F)(ii). 

‘‘(ii) SPECIAL CIRCUMSTANCES.—A subscriber of a satellite carrier who 

was lawfully receiving the distant signal of a network station on the 

day before the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009 may receive both such distant signal and the 

local signal of a network station affiliated with the same network until 

such subscriber chooses to no longer receive such distant signal from 

such carrier.’’; 

(iv) in subparagraph (C)— 

(I) by striking ‘‘analog’’; 

(II) in clause (i), by striking ‘‘the Satellite Home Viewer Extension and Reauthorization Act of 2004’’ and inserting ‘‘the Satellite 

Home Viewer Reauthorization Act of 2009’’; and 

(III) by amending clause (ii) to read as follows: 

‘‘(ii) either— 

‘‘(I) at the time such person seeks to subscribe to receive such 

secondary transmission, resides in a local market where the satellite carrier makes available to that person the signal of a local 

network station affiliated with the same television network pursuant to section 338, and the retransmission of such signal by such 

carrier can reach such subscriber; or 

‘‘(II) receives from the satellite carrier the signal of a network 

station affiliated with the same network that is broadcast by a 

local station in the market where the subscriber resides, but is not 

the local station’s primary video.’’; 

(v) in subparagraph (D)— 

(I) by striking clauses (i), (iii) through (v), (vii) through (ix), and 

(xi); 

(II) by redesignating clause (vi) as clause (i) and transfering such 

clause to appear before clause (ii); 

(III) by amending such clause (i) (as so redesignated) to read as 

follows: 

‘‘(i) SIGNAL TESTING.—A subscriber shall be eligible to receive a distant signal of a distant network station affiliated with the same network under this section if such subscriber is determined, based on a 

test conducted in accordance with section 73.686(d) of title 47, Code of 

Federal Regulations, or any successor regulation, not to be able to reVerDate Nov 24 2008 06:35 Dec 03, 2009 Jkt 089006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR349.XXX HR349

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ceive a signal that exceeds the signal intensity standard in section 

73.622(e)(1) of title 47, Code of Federal Regulations.’’; 

(IV) in clause (ii)— 

(aa) by striking ‘‘DIGITAL’’ in the heading; 

(bb) by striking ‘‘digital’’ the first two places such term appears; 

(cc) by striking ‘‘Satellite Home Viewer Extension and Reauthorization Act of 2004’’ and inserting ‘‘Satellite Home Viewer 

Reauthorization Act of 2009’’; and 

(dd) by striking ‘‘, whether or not such subscriber elects to 

subscribe to local digital signals’’; 

(V) by inserting after clause (ii) the following new clause: 

‘‘(iii) TIME-SHIFTING PROHIBITED.—In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph 

the signal of a local network station pursuant to section 338, the carrier may only provide the distant signal of a station affiliated with the 

same network to that subscriber if, in the case of any local market in 

the 48 contiguous States of the United States, the distant signal is the 

secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, 

the prime time network programming of the affiliate of the same network in the local market.’’; and 

(VI) by redesignating clause (x) as clause (iv); and 

(vi) in subparagraph (E), by striking ‘‘distant analog signal or’’ and 

all that follows through ‘‘(B), or (D))’’ and inserting ‘‘distant signal’’; 

(2) in subsection (c)— 

(A) by amending paragraph (3) to read as follows: 

‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED.— 

‘‘(A) PREDICTIVE MODEL.—Within 180 days after the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall take all actions necessary to develop and prescribe by rule a 

point-to-point predictive model for reliably and presumptively determining 

the ability of individual locations, through the use of a conventional, stationary, outdoor rooftop receiving antenna, to receive signals in accordance 

with the signal intensity standard in section 73.622(e)(1) of title 47, Code 

of Federal Regulations, including to account for the continuing operation of 

translator stations and low power television stations. In prescribing such 

model, the Commission shall rely on the Individual Location Longley-Rice 

model set forth by the Commission in CS Docket No. 98-201, as previously 

revised with respect to analog signals, and as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05-182, FCC 05-199 (released December 9, 2005). The Commission 

shall establish procedures for the continued refinement in the application 

of the model by the use of additional data as it becomes available. 

‘‘(B) ON-LOCATION TESTING.—The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06-94 within 180 days 

after the date of enactment of the Satellite Home Viewer Reauthorization 

Act of 2009. 

‘‘(C) STUDY OF TYPES OF ANTENNAS AVAILABLE TO RECEIVE DIGITAL SIGNALS.— 

‘‘(i) STUDY REQUIRED.—Not later than 1 year after the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, the 

Commission shall complete a study regarding whether, for purposes of 

identifying if a household is unserved by an adequate digital signal 

under section 119(d)(10) of title 17, United States Code, the digital signal strength standard in section 73.622(e)(1) of title 47, Code of Federal 

Regulations, or the testing procedures in section 73.686 of title 47, Code 

of Federal Regulations, such statutes or regulations should be revised 

to take into account the types of antennas that are available to and 

used by consumers. 

‘‘(ii) STUDY CONSIDERATION.—In conducting the study under clause 

(i), the Commission shall consider whether to account for the fact that 

an antenna can be mounted on a roof or placed in a home and can be 

fixed or capable of rotating. 

‘‘(iii) REPORT.—Not later than 1 year after the date of enactment of 

the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall submit to the Committee on Energy and Commerce of the 


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House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a report containing— 

‘‘(I) the results of the study conducted under clause (i); and 

‘‘(II) recommendations, if any, regarding changes to be made to 

Federal statutes or regulations.’’; 

(B) by amending paragraph (4)(A) to read as follows: 

‘‘(A) IN GENERAL.—If a subscriber’s request for a waiver under paragraph 

(2) is rejected and the subscriber submits to the subscriber’s satellite carrier 

a request for a test verifying the subscriber’s inability to receive a signal 

of the signal intensity referenced in clause (i) of subsection (a)(2)(D), the 

satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a 

qualified and independent person to conduct the test referenced in such 

clause. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in accordance with such clause demonstrate that 

the subscriber does not receive a signal that meets or exceeds the requisite 

signal intensity standard in such clause, the subscriber shall not be denied 

the retransmission of a signal of a network station under section 119 of title 

17, United States Code.’’; 

(C) in paragraph (4)(B), by striking ‘‘the signal intensity’’ and all that follows through ‘‘United States Code’’ and inserting ‘‘such requisite signal intensity standard’’; and 

(D) in paragraph (4)(E), by striking ‘‘Grade B intensity’’. 

(c) SECTION 340.—Section 340(i) of such Act (47 U.S.C. 340(i)) is amended by 

striking paragraph (4). 

SEC. 5. APPLICATION PENDING COMPLETION OF RULEMAKINGS. 

(a) IN GENERAL.—Between the date of enactment of this Act and the adoption of 

rules by the Federal Communications Commission pursuant to the amendments to 

the Communications Act of 1934 made by sections 3 and 4 of this Act, the Federal 

Communications Commission shall follow its rules and regulations promulgated 

pursuant to sections 338, 339, and 340 of the Communications Act of 1934 as in 

effect on the day before the date of enactment of this Act. 

(b) TRANSLATOR STATIONS AND LOW POWER TELEVISION STATIONS.—Notwithstanding subsection (a), for purposes of determining whether a subscriber within the 

local market served by a translator station or a low power television station affiliated with a television network is eligible to receive distant signals under section 339 

of such Act, the Federal Communications Commission shall follow its rules and regulations for determining such subscriber’s eligibility as in effect on the day before 

the date of enactment of this Act until the date on which the translator station or 

low power television station is licensed to broadcast a digital signal. 

(c) DEFINITIONS.—As used in this Act: 

(1) LOCAL MARKET; LOW POWER TELEVISION STATION; SATELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION.—The terms ‘‘local market’’, ‘‘low 

power television station’’, ‘‘satellite carrier’’, ‘‘subscriber’’, and ‘‘television broadcast station’’ have the meanings given such terms in section 338(k) of the Communications Act of 1934. 

(2) NETWORK STATION; TELEVISION NETWORK.—The terms ‘‘network station’’ 

and ‘‘television network’’ have the meanings given such terms in section 339(d) 

of such Act. 

SEC. 6. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION. 

Part I of title III of the Communications Act of 1934 is amended by adding at 

the end the following new section: 

‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION. 

‘‘(a) CERTIFICATION.—The Commission shall issue a certification for the purposes 

of section 119(g)(3)(A)(iii) of title 17, United States Code, if the Commission determines that— 

‘‘(1) a satellite carrier is providing local service pursuant to the statutory license under section 122 of such title in each designated market area; and 

‘‘(2) with respect to each designated market area in which such satellite carrier was not providing such local service as of the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009— 

‘‘(A) the satellite carrier’s satellite beams are designed, and predicted by 

the satellite manufacturer’s pre-launch test data, to provide a good quality 

satellite signal to 90 percent of the households in each such designated 

market area based on the most recent census data released by the United 

States Census Bureau; and 


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‘‘(B) there is no material evidence that there has been a satellite or subsystem failure subsequent to the satellite’s launch that precludes the ability 

of the satellite carrier to satisfy the requirements of subparagraph (A). 

‘‘(b) INFORMATION REQUIRED.—Any entity seeking the certification provided for in 

subsection (a) shall submit to the Commission the following information: 

‘‘(1) An affidavit stating that, to the best of the affiant’s knowledge, the satellite carrier provides local service in all designated market areas pursuant to 

the statutory license provided for in section 122 of title 17, United States Code, 

and listing those designated market areas in which local service was provided 

as of the date of enactment of the Satellite Home Viewer Reauthorization Act 

of 2009. 

‘‘(2) For each designated market area not listed in paragraph (1): 

‘‘(A) Identification of each such designated market area and the location 

of its local receive facility. 

‘‘(B) Data showing the number of households, and maps showing the geographic distribution thereof, in each such designated market area based on 

the most recent census data released by the United States Census Bureau. 

‘‘(C) Maps, with superimposed effective isotropically radiated power predictions obtained in the satellite manufacturer’s pre-launch tests, showing 

that the contours of the carrier’s satellite beams as designed and the geographic area that the carrier’s satellite beams are designed to cover are predicted to provide a good quality satellite signal to 90 percent of the households in such designated market area based on the most recent census data 

released by the United States Census Bureau. 

‘‘(D) For any satellite relied upon for certification under this section, an 

affidavit stating that, to the best of the affiant’s knowledge, there have been 

no satellite or sub-system failures subsequent to the satellite’s launch that 

would degrade the design performance to such a degree that a satellite 

transponder used to provide local service to any such designated market 

area is precluded from delivering a good quality satellite signal to 90 percent of the households in such designated market area based on the most 

recent census data released by the United States Census Bureau. 

‘‘(E) Any additional engineering, designated market area, or other information the Commission considers necessary to determine whether the Commission shall grant a certification under this section. 

‘‘(c) CERTIFICATION ISSUANCE.— 

‘‘(1) PUBLIC COMMENT.—The Commission shall provide 30 days for public comment on a request for certification under this section. 

‘‘(2) DEADLINE FOR DECISION.—The Commission shall grant or deny a request 

for certification within 90 days after the date on which such request is filed. 

‘‘(d) SUBSEQUENT AFFIRMATION.—An entity granted qualified carrier status pursuant to section 119(g) of title 17, United States Code, shall file an affidavit with the 

Commission 30 months after such status was granted stating that, to the best of 

the affiant’s knowledge, it is in compliance with the requirements for a qualified 

carrier. 

‘‘(e) DEFINITIONS.—For the purposes of this section: 

‘‘(1) DESIGNATED MARKET AREA.—The term ‘designated market area’ has the 

meaning given such term in section 122(j)(2)(C) of title 17, United States Code. 

‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 

‘‘(A) IN GENERAL.—The term ‘‘good quality satellite signal’’ means— 

‘‘(i) a satellite signal whose power level as designed shall achieve reception and demodulation of the signal at an availability level of at 

least 99.7 percent using models of satellite antennas normally used by 

the satellite carrier’s subscribers and the same calculation methodology 

used by the satellite carrier to determine predicted signal availability 

in the top 100 designated market areas; and 

‘‘(ii) a video signal transmitted by satellite carrier such that, taking 

into account whether a signal is in standard definition format or high 

definition format, compression methodology, modulation, error correction, power level, and utilization of advances in technology that does 

not circumvent the intent of this section to provide for non-discriminatory treatment with respect to any comparable television broadcast station signal— 

‘‘(I) the satellite carrier treats all television broadcast station’s 

signals the same with respect to statistical multiplexer 

prioritization; and 

‘‘(II) the number of video signals in the relevant satellite transponder is not more than the then current greatest number of video 


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signals carried on any equivalent transponder serving the top 100 

designated market areas. 

‘‘(B) DETERMINATION.—For the purposes of subparagraph (A), the top 100 

designated market areas shall be as determined by Nielsen Media Research 

and published in the Nielsen Station Index Directory and Nielsen Station 

Index United States Television Household Estimates or any successor publication as of the date of a satellite carrier’s application for certification 

under this section.’’. 

SEC. 7. SAVINGS CLAUSE REGARDING DEFINITIONS. 

Nothing in this Act or the amendments made by this Act shall be construed to 

affect the definitions of ‘‘program related’’ and ‘‘primary video’’ in the Communications Act of 1934 or in any regulations promulgated pursuant to such Act by the 

Federal Communications Commission. 

SEC. 8. SAVINGS CLAUSE REGARDING USE OF NON-COMPULSORY LICENSES; REPORT. 

(a) IN GENERAL.—Nothing in this Act, the Communications Act of 1934, or regulations promulgated by the Federal Communications Commission under this Act or 

the Communications Act of 1934 shall limit the ability of a satellite carrier to retransmit a performance or display of a work pursuant to an authorization granted 

by the copyright owner or, if within the scope of its authorization, its licensee. 

(b) REPORT.—Not later than 1 year after the date of enactment of this Act, the 

Federal Communications Commission shall submit to the Committee on Energy and 

Commerce of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report containing an analysis of— 

(1) the number of households in a State that receive local broadcast stations 

from a station of license that is located in a different State; 

(2) the extent to which consumers have access to in-state broadcast programming; and 

(3) whether there are alternatives to the use of designated market areas, as 

defined in section 122 of title 17, United States Code, to define local markets 

that would provide more consumers with in-state broadcast programming. 

SEC. 9. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS. 

(a) IN GENERAL.—Section 338(a) of the Communications Act of 1934 (47 U.S.C. 

338(a)) is amended by adding at the end the following new paragraph: 

‘‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.— 

‘‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS.—Each eligible satellite carrier providing, under section 122 of title 17, United States Code, 

any secondary transmissions in high definition to subscribers located within 

the local market of a television broadcast station of a primary transmission 

made by that station prior to the date of enactment of this paragraph shall 

carry the high-definition signals of qualified noncommercial educational television stations located within that local market in accordance with the following schedule: 

‘‘(i) By December 31, 2010, in at least 50 percent of the markets in 

which such satellite carrier provides such secondary transmissions in 

high definition. 

‘‘(ii) By December 31, 2011, in every market in which such satellite 

carrier provides such secondary transmissions in high definition. 

‘‘(B) NEW INITIATION OF SERVICE.—Each eligible satellite carrier that initiates the provision, under section 122 of title 17, United States Code, of 

any secondary transmissions in high definition to subscribers located within 

the local market of a television broadcast station of a primary transmission 

made by that station after the date of enactment of this paragraph shall 

carry the high-definition signals of all qualified noncommercial educational 

television stations located within that local market.’’. 

(b) DEFINITIONS.—Section 338(k) of such Act (47 U.S.C. 338(k)) is amended— 

(1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), 

respectively; 

(2) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term ‘eligible satellite carrier’ means 

any satellite carrier that is not a party to a carriage contract with a qualified 

noncommercial educational television station, or its representative, that is in 

force and effect as of the date of enactment of this paragraph.’’; 

(3) by redesignating paragraphs (6) through (9) (as previously redesignated) 

as paragraphs (7) through (10), respectively; and 


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1P.L. 100–667 

(4) by inserting after paragraph (5) (as so redesignated) the following new 

paragraph: 

‘‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION.—The 

term ‘qualified noncommercial educational television station’ has the meaning 

given such term in section 615(l)(1) of this Act.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 2994, the ‘‘Satellite Home Viewer Reauthorization Act of 2009’’ (SHVRA), is to reauthorize and amend certain 

provisions of the Communications Act of 1934 that govern satellite 

retransmission of television broadcast signals. The bill amends the 

Communications Act to account for the completion of the digital television transition; reauthorizes provisions of the Communications 

Act set to expire at the end of 2009; improves regulatory parity between cable and satellite; creates incentives to expand local-intolocal service to every television market in the United States; and 

directs the Federal Communications Commission (FCC or Commission) to study two issues relating to the ability of consumers to receive local television signals. 

BACKGROUND AND NEED FOR LEGISLATION

Millions of consumers across the United States subscribe to direct broadcast satellite (DBS) service. The FCC estimates that in 

2006 approximately 87% of households in the United States that 

watched television subscribed to a pay-television service from a 

multichannel video programming distributor (MVPD). MVPDs include DBS carriers, cable companies, and traditional phone companies offering video services. According to the FCC, consumers are 

selecting DBS carriers for pay television service at an increasing 

rate, and as of mid-2006 (the most recent data available) DBS carriers had garnered nearly 30% of the MVPD market. 

On June 12, 2009, the nation’s full power television stations 

ceased analog broadcasts and began broadcasting only digital signals. This shift necessitates a series of amendments to the Communications Act to both remove references to analog broadcast television signals and to ensure that the Commission adjusts its rules 

related to the retransmission of digital broadcast signals in a timely manner. 

From time to time Congress revisits the rules related to the retransmission of television broadcast stations by satellite carriers to 

ensure that consumers continue to benefit from these services. 

Since 1988, most of these changes have occurred during reauthorization of the Satellite Home Viewer Act. 

The Satellite Home Viewer Act (1988).1 In 1988, Congress enacted 

the Satellite Home Viewer Act (SHVA), which enabled satellite carriers to use a compulsory copyright license to provide some out-ofmarket, or distant, network programming to their subscribers. Specifically, Congress authorized use of the compulsory license to provide distant network programming to so-called ‘‘unserved’’ households, or households that could not receive the signal of a station 

affiliated with a particular network over the air. This provision was 

intended to ensure that all households had some ability to receive 

network programming. 


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2See 47 U.S.C. 325(b). 3See 47 U.S.C. 325(b)(2)(C). 4 EchoStar Communications is now a separately traded company. DISH Network LLC (DISH) 

is the successor company and the entity that provides satellite television service to consumers. 5P.L. 103–369. 

6P.L. 106–113. 

7See 47 U.S.C. 338. 8DirecTV to Deliver Local Programming in Bluefield-Beckley, W.VA (Sept. 24, 2009) available 

online at http://investor.directv.com/releasedetail.cfm?ReleaseID=411500 9Dish Network Adds 2 More HD Markets, Multichannel News (Aug. 19, 2009). 

SHVA defined a household as ‘‘unserved’’ if it could not ‘‘receive 

. . . an over-the-air signal of grade B intensity’’ from the local affiliate of the same network. The accuracy of the Grade B standard 

and the attendant predictive model prescribed by the Commission 

have been the subject of debate as local terrain or other conditions 

may affect a household’s ability to receive the signal. 

To facilitate the ability of satellite carriers to deliver signals to 

unserved households, SHVA also created provisions exempting 

these carriers from having to negotiate with distant broadcast stations to retransmit the signals of out-of-market stations to 

unserved consumers.2 The retransmission-consent exemption created by SHVA expires every five years and will terminate on December 31, 2009, unless it is extended.3

The importation of distant signals has, at times, been controversial. In 1998, several broadcasters and content owners sued 

EchoStar Communications for copyright infringement.4 They alleged that the satellite carrier was illegally providing distant network programming to numerous households that did not meet the 

statutory definition of ‘‘unserved.’’ In 2006, the United States Court 

of Appeals for the Eleventh Circuit determined that EchoStar had 

violated the distant signal compulsory copyright license codified in 

section 119 of title 17 and issued a nationwide permanent injunction preventing the satellite carrier from using the distant signal 

compulsory copyright license to retransmit any out-of-market network programming to any of its subscribers. 

The Satellite Home Viewer Act (1994).5 Congress passed another 

Satellite Home Viewer Act in 1994. The 1994 SHVA focused on royalty rates paid for use of the compulsory license, extended the license for another five years, and modified the signal strength testing procedures used to determine whether a consumer is eligible to 

receive the retransmission of a distant network signal. 

The Satellite Home Viewer Improvement Act (1999).6 In 1999, 

Congress enacted the ‘‘Satellite Home Viewer Improvement Act of 

1999’’ (SHVIA). In SHVIA, Congress expanded on the original Satellite Home Viewer Act by amending the Communications Act to 

authorize satellite carriers to also use a compulsory copyright license to provide consumers with local broadcast signals, often referred to as ‘‘local-into-local’’ service. In order to deliver a local 

broadcast signal to a household using the compulsory license, however, a satellite carrier must carry all of the local broadcast stations in a market that requests carriage. This requirement is sometimes referred to as the ‘‘carry one, carry all’’ rule.7

As of October 2009, DirecTV, the largest DBS carrier, provides 

local service in 150 of the 210 local markets or designated market 

areas (DMAs).8 The second largest DBS carrier, DISH Network, 

provides local service in 182 of the 210 DMAs.9


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10P.L. 108–447, passed as Division J of Title IV of the FY2005 Consolidated Appropriations 

Act. 

Congress also inserted new sections 338 and 339 into the Communications Act. Section 338 governs satellite retransmission of 

local broadcast signals and section 339 governs satellite retransmission of distant network signals. SHVIA also imposed an obligation on broadcast stations not to enter into exclusive contracts for 

carriage and to negotiate retransmission consent agreements with 

MVPDs in good faith until January 1, 2005. 

The Satellite Home Viewer Extension and Reauthorization Act 

(2004).10 In 2004, Congress again reauthorized and amended SHVA 

in the Satellite Home Viewer Extension and Reauthorization Act of 

2004 (SHVERA). SHVERA extended once more the exemption in 

section 325 for satellite carriers from needing to obtain retransmission consent to offer distant network signals to unserved households. It also renewed for an additional five years the prohibition 

on broadcast stations entering into exclusive carriage deals and the 

requirement that broadcast stations bargain in good faith in retransmission consent negotiations. SHVERA also made the good 

faith negotiation provision reciprocal, so that it applied to both the 

MVPD and broadcast stations when negotiating retransmission 

consent agreements. 

In SHVERA, Congress also created a new section 340 of the 

Communications Act to permit a satellite carrier, such as a cable 

operator, to retransmit a distant network signal to counties in a 

local market where the Commission has deemed that signal to be 

‘‘significantly viewed.’’ 

LEGISLATIVE HISTORY

The Subcommittee on Communications, Technology, and the 

Internet held an oversight hearing on issues related to the reauthorization of provisions of the Communications Act that govern 

the retransmission of television broadcast signals by satellite carriers on February 24, 2009. The Subcommittee received testimony 

from the following witnesses: Bob Gabrielli, Senior Vice President, 

Broadcasting Operations and Distribution, DIRECTV, Inc.; Charles 

W. Ergen, Chairman, President, and Chief Executive Officer of 

DISH Network Corporation; Martin D. Franks, Executive Vice 

President, Policy, Planning and Government Relations, CBS Corporation; Willard Rowland, President and CEO, Colorado Public 

Television, on behalf of the Association of Public Television Stations; K. James Yager, CEO, Barrington Broadcasting Group, LLC, 

on behalf of the National Association of Broadcasters; Gigi B. Sohn, 

President and Co-Founder, Public Knowledge, on behalf of Public 

Knowledge, Consumers Union, and Free Press; and W. Kenneth 

Ferree, President, Progress & Freedom Foundation. 

The Subcommittee held a legislative hearing on a discussion 

draft of the Satellite Home Viewer Reauthorization Act of 2009 

(SHVRA) on June 16, 2009. The Subcommittee received testimony 

from the following witnesses: Preston Padden, Executive Vice 

President, Worldwide Government Relations, The Walt Disney 

Company; Mike Mountford, Chief Executive Officer, NPS LLC; 

Paul Karpowicz, President, Meredith Corporation, on behalf of the 

National Association of Broadcasters; Derek Chang, Executive Vice 


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President, Content Strategy and Development, DIRECTV, Inc.; and 

R. Stanton Dodge, Executive Vice President, General Counsel and 

Secretary, DISH Network. 

H.R. 2994, a bill to reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA), and for other purposes, was introduced on June 23, 2009, and was referred to the 

Committee on Energy and Commerce. The bill was subsequently 

referred to the Subcommittee on Communications, Technology, and 

the Internet on June 24, 2009. 

COMMITTEE CONSIDERATION

The Subcommittee on Communications, Technology, and the 

Internet met in open markup session on June 25, 2009, to consider 

H.R. 2994. An amendment in the nature of a substitute, offered as 

a manager’s amendment by Subcommittee Chairman Boucher, was 

agreed to by a voice vote. The Subcommittee forwarded H.R. 2994, 

amended, favorably to the full Committee by a voice vote. 

The full Committee met in open markup session on October 15, 

2009, to consider H.R. 2994, as forwarded by the Subcommittee on 

Communications, Technology, and the Internet on June 25, 2009. 

An amendment in the nature of a substitute was offered by Mr. 

Boucher and Mr. Stearns. Ms. Eshoo offered an amendment to the 

AINS that was agreed to by a roll call vote of 31 yeas to 20 nays. 

Subsequently, the Boucher amendment in the nature of a substitute, as amended by the Eshoo amendment, was adopted by a 

voice vote. H.R. 2994 was ordered favorably reported, amended, to 

the House by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. A motion by Mr. 

Waxman to order H.R. 2994 favorably reported to the House, 

amended, was agreed to by a voice vote. The following is a record 

of the recorded vote on the amendment offered by Ms. Eshoo, including the names of those Members voting for and against: 


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13 

STATEMENT OF COMMITTEE OVERSIGHT FINDINGS AND

RECOMMENDATIONS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that H.R. 2994 would result in no new budget authority, entitlement authority, or tax expenditures or revenues. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 2994. Article I, section 8, clauses 3 and 18 of the Constitution of the United States grants the Congress the power to enact 

this law. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 2994 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), 

or 9(g) of rule XXI. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., section 5(b). 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

The Committee finds that H.R. 2994 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of Public Law 

104–1. 

FEDERAL MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement whether the provisions of the reported bill includes unfunded mandates. In compliance with this requirement the Committee adopts as its own the 

estimates of federal mandates prepared by the Director of the Congressional Budget Office. 


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COMMITTEE COST ESTIMATE

Pursuant to clause 3(d)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee adopts as its own the cost estimate of H.R. 2994 prepared by the Director of the Congressional 

Budget Office under section 402 of the Congressional Budget Act. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives and section 402 of the Congressional Budget Office Act of 1974, the Committee has received the following cost estimate for H.R. 2994 from the Director of the Congressional Budget 

Office: 

NOVEMBER 5, 2009. 

Hon. HENRY A. WAXMAN, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2994, the Satellite Home 

Viewer Reauthorization Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2994—Satellite Home Viewer Reauthorization Act of 2009 

Under current law, satellite carriers pay royalty fees for the right 

to transmit certain television signals to their subscribers without 

obtaining specific permission from copyright holders. H.R. 2994 

would extend provisions of current law that allow satellite carriers 

to transmit copyrighted material without specific permission but 

would not extend the requirement to pay royalties on those copyrighted transmissions. The requirement to pay royalties will expire 

on December 31, 2009. The bill also would require the Federal 

Communications Commission (FCC) to conduct several studies related to the transmission of satellite broadcasts. 

CBO estimates that implementing H.R. 2994 would not significantly affect spending subject to appropriation; enacting the bill 

would not affect direct spending or revenues. 

H.R. 2994 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would not affect 

the budgets of state, local, or tribal governments. 

H.R. 2994 would impose private-sector mandates, as defined in 

UMRA, on satellite carriers and television broadcasters. Based on 

information from industry sources, CBO estimates that the aggregate cost of complying with all of the mandates in the bill would 

fall below the annual threshold for private-sector mandates ($139 

million in 2009, adjusted annually for inflation). 

The bill would require that, in each market for which a satellite 

carrier chooses to provide local channels in high definition, the carrier must also provide high definition signals of any local noncommercial, educational stations by December 31, 2011. Assuming 

agreements with such stations could be reached, CBO estimates 


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that the cost for satellite carriers to comply with this mandate 

would probably be small relative to the annual threshold. 

The bill also would extend an existing mandate on broadcasters 

that prohibits them from entering certain exclusive contracts for 

the rights to broadcast their programs and requires them to negotiate in good faith. The cost of the mandate to broadcasters would 

be the net income forgone as a result of the requirement to negotiate contracts with multiple carriers. Based on information from 

industry sources, CBO expects that few exclusive contracts would 

be reached. Therefore, CBO estimates that the cost of the mandate 

would be small. Additionally, the bill would impose a mandate on 

network broadcasters by extending a provision that allows satellite 

carriers to retransmit distant network signals to unserved households without obtaining consent or providing compensation to 

broadcasters. The cost of the mandate would be the forgone net income broadcasters could obtain by charging satellite carriers for 

such transmissions. Based upon information from industry sources, 

CBO estimates the cost would be minimal. 

The CBO staff contacts for this estimate are Susan Willie (for 

federal costs) and Sam Wice (for the private-sector impact). The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 of the bill establishes the short title as the ‘‘Satellite 

Home Viewer Reauthorization Act of 2009’’ (SHVRA). 

Section 2. Extension of authority 

Section 2 of the bill amends section 325(b) of the Communications Act of 1934 to extend for five years the statutory provision 

that permits a satellite carrier to retransmit, without first having 

to obtain a broadcaster’s consent, the signal of a distant network 

station to certain unserved households. Section 2 also extends for 

five years the provision in the same section that requires television 

broadcast stations and MVPDs to negotiate retransmission consent 

agreements in good faith and prohibits exclusive carriage deals. 

Section 3. Significantly viewed stations 

Section 3(a) of the bill amends section 340 of the Communications Act regarding the carriage by a satellite carrier of ‘‘significantly viewed’’ signals. Congress first created section 340 in 

SHVERA. Section 340 allows a satellite carrier to offer a subscriber 

the signal from a station in a nearby market if the signal is viewed 

over the air by a ‘‘significant’’ number of consumers within the subscriber’s market. This ‘‘significantly viewed’’ provision was adopted 

in SHVERA to create parity with cable operators, who already had 

such authority. Because some stations were only just beginning 

their transition to digital, and because in-market stations not yet 

broadcasting in high-definition format were concerned about competition with out of market stations that were broadcasting in high 

definition format, section 340 required satellite carriers to dedicate 

‘‘equivalent bandwidth’’ to local signals and significantly viewed 

signals. 


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The Commission’s implementation of section 340, including its 

interpretation of the ‘‘equivalent bandwidth’’ requirement, has generally served to discourage satellite carriers from using section 340 

to provide significantly viewed signals to qualified households. 

Under the Commission’s interpretation of this section, a satellite 

carrier must reduce a significantly viewed signal in high-definition 

format to standard-definition format any time the local signal was 

not broadcast in high-definition format. The Commission required 

this even if the satellite carriers were providing the local signal in 

high definition format whenever it was broadcast in such format. 

Because it is impractical for satellite carriers to match the format 

of the local and significantly viewed signals moment-by-moment, 

satellite carriers rarely provide the significantly viewed signals. 

To address this, section 3(a) of the bill amends section 340(b) to 

clarify that a satellite carrier may provide a significantly viewed 

signal in high-definition format even when the local signal affiliated with the same network is not broadcast in high-definition format as long as it provides the local signal affiliated with the same 

network in high-definition format when it is available in that format. 

Section 3(b) of the bill requires the Commission to take all actions necessary to promulgate a rule to implement the amendments 

made by section 3(a) within 180 days of the date of enactment of 

the bill. 

Section 4. Conforming amendments 

Section 4 of the bill makes a series of amendments to sections 

338 and 339 of the Communications Act to account for the transition from analog to digital-only television broadcasts, including addressing the predictive model the Commission will use to determine whether a satellite carrier may retransmit distant digital network signals to certain households and carrying forward the 

grandfathering of the eligibility of certain satellite subscribers to 

receive distant network signals. 

Section 4 of the bill, among other things, adds to section 339 of 

the Communications Act provisions regarding when a satellite carrier may retransmit distant network signals to households that can 

receive network programming over-the-air because a local station 

is providing that network programming on a multicast stream. Digital broadcast technology allows broadcasters to use their 6 MHz 

channel to transmit more than one programming stream, a practice 

known as multicasting. In some markets that lack a full complement of local network affiliates (sometimes referred to as ‘‘short 

markets’’), the network that is not present in the market may contract with the local affiliate of another network to multicast the 

missing network’s programming. Section 4 inserts new language to 

ensure that households to which a satellite carrier is lawfully retransmitting distant network programming do not lose access to 

that programming when a satellite carrier begins retransmitting 

the signal of a multicast station affiliated with the same network 

in a local market. 

Section 4(a) of the bill adapts for the digital television transition 

the requirement from SHVERA that a satellite carrier offering 

local-into-local service in a market provide to a subscriber any analog signals of the local broadcasters in that market on a single reVerDate Nov 24 2008 06:35 Dec 03, 2009 Jkt 089006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR349.XXX HR349

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11Satellite carriers were retransmitting distant network signals to households in the Grade 

B doughnut even though they were predicted to receive an analog signal of Grade B intensity 

over the air. 

ception antenna device, or dish, as well as provide any digital signals of the local broadcasters on a single dish. This requirement 

meant that households in some markets that wanted to receive 

local programming might be required to obtain two dishes in order 

to receive a full complement of local stations. In practice, consumers were less likely to view some local stations because they 

might not want to go through the process of obtaining and installing a second dish or might have concerns about how a second dish 

might look on or near their home. 

Section 4(a)(2) of the bill amends section 338(g) of the Communications Act to clarify that after the digital television transition, 

a satellite carrier must retransmit local broadcast signals in such 

a manner that a subscriber may receive all local signals using one 

reception antenna. 

Section 4(a)(2) of the bill also provides that a satellite carrier offering local broadcast signals in high definition format must retransmit those signals in such a manner that a subscriber may receive all of them using a single reception antenna; however, the reception antenna used to receive the local signals in high-definition 

format may be different from the reception antenna used to receive 

the signals in non-high definition, or standard definition, format, 

provided that all local stations carried pursuant to section 338 are 

available on one reception antenna; either the one used to receive 

signals in standard definition format or the one used to receive signals in high definition format. 

Section 4(b) of the bill updates section 339 of the Communications Act to reflect the end of the transition of full-power television 

broadcast stations to digital broadcasting. Section 4(b) also updates 

so-called ‘‘grandfathering’’ provisions that ensure that certain consumers that are lawfully receiving distant signals do not automatically lose access to those signals because of a change in law or a 

change in broadcast signal availability. The Committee has routinely established such provisions in the past to prevent unnecessary disruptions to consumers. 

Section 4(b)(1)(A) of the bill updates the requirement that a satellite carrier may retransmit no more than two distant signals affiliated with the same television network to a household that is 

unserved with respect to that television network. 

In SHVIA, Congress allowed some subscribers who were receiving a distant signal of a network affiliate to continue to do so even 

though the subscribers were deemed as a matter of law to be 

‘‘served’’ over the air from an affiliate of the same network. Some 

of these subscribers—those residing in the so-called ‘‘Grade B 

doughnut’’11—could continue to receive that distant signal until 

they chose to receive a local signal affiliated with the same network 

from the satellite carrier. The grandfathered status of these subscribers is set to expire on December 31, 2009, and section 

4(b)(1)(B) of the bill allows them to continue to receive a distant 

signal until they elect to receive the corresponding local signal. 

Other subscribers (non-Grade B doughnut subscribers) already 

lawfully receiving a distant network signal from a satellite carrier 

at the time SHVRA is enacted may continue to receive that signal 


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whether or not they subsequently decide also to receive from the 

satellite carrier a signal of that network from the local affiliate. 

Section 4(b)(1)(B)(iv) of the bill provides that a satellite carrier 

may not provide a distant signal to a household after the satellite 

carrier has begun to offer the corresponding local signal of a television network in a local market, including where the station affiliated with that network is provided as a multicast stream. 

Section 4(b)(1)(B)(v) of the bill makes a series of changes to account for the conclusion of the transition of full-power television 

broadcast stations to digital. Amended section 339(a)(2)(D)(i) provides that a subscriber is eligible to receive the distant signal of 

a television network if the subscriber is determined, based on a test 

conducted in accordance with the Commission’s regulations, not to 

be able to receive over the air a signal of the same network exceeding the signal intensity standard in the Commission’s rules. 

To account for the digital transition, amended section 

339(a)(2)(D)(iii) updates the requirement that a satellite carrier 

may not use distant signals to ‘‘time-shift’’ programming. A satellite carrier may only retransmit the distant signal of a television 

network to a subscriber in a local market if the prime time network 

programming associated with that distant signal is generally 

broadcast simultaneously with, or later than, the prime time network programming of the affiliate of the same network in the local 

market. 

Section 4(b)(2) of the bill directs the Commission to complete all 

actions necessary to prescribe by rule a point-to-point predictive 

model to determine presumptively whether a household is eligible 

to receive a distant network signal, within 180 days of the date of 

enactment of SHVRA. The new digital predictive model will replace 

the current predictive model used by the Commission, which is 

based on a household’s ability to receive an analog over-the-air signal of Grade B intensity. The Commission is directed to rely on the 

existing Individual Location Longley-Rice model as previously revised with respect to analog signals and as recommended to Congress in a December 2005 report required by SHVERA and to refine the predictive model in the future as additional data becomes 

available. 

Until the Commission implements the digital predictive model, it 

is the Committee’s expectation and understanding that satellite 

carriers have agreed not to qualify households as unserved by reference to an analog Grade B television signal, but instead to qualify households as unserved by reference to procedures that reflect 

the ability of households to receive digital over-the-air signals. The 

Committee expects and has been assured repeatedly that satellite 

carriers will stand by this commitment. 

Section 4(b)(2) of the bill also requires the Commission to complete a pending rulemaking concerning on-location testing of a 

household’s ability to receive an over-the-air digital signal, within 

180 days of the date of enactment of SHVRA. Section 4(b)(2) of the 

bill also requires the Commission to conduct a study and issue a 

report to Congress within one year of the date of enactment to determine whether, for purposes of identifying if a household is 

unserved by an adequate digital signal, the Commission should revise the digital signal strength standard or the testing procedures 


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in its rules to take into account the types of antennas available to 

and used by consumers. 

The Committee expects the Commission to consider the types of 

antennae that are readily available for purchase by consumers to 

receive the signals of local digital television broadcast stations over 

the air. Just as there are some households that, prior to the digital 

television transition, could not receive analog signals over the air, 

so there are, after the digital television transition, some households 

that cannot receive digital signals over the air. The purpose of the 

study and subsequent report to Congress is to provide Congress 

with the information it may need to determine whether there is a 

need to revise the existing standard for measuring a household’s 

ability to receive a distant network signal. 

Section 5. Application pending completion of rulemaking 

Section 5(a) of the bill states that between the date of enactment 

of SHVRA and the adoption of rules by the Commission pursuant 

to SHVRA, the Commission shall follow its rules and regulations 

as in effect on the day before the date of enactment of SHVRA. The 

Committee intends that, until the Commission completes the rulemaking proceedings required by SHVRA, the Commission’s current 

rules shall continue to remain in effect. 

Section 5(b) of the bill states that for purposes of determining 

whether a subscriber within the local market served by a translator station or a low power television station affiliated with a television network is eligible to receive distant signals under section 

339 of the Act, the Commission shall follow its rules and regulations for determining such subscriber’s eligibility as in effect on the 

day before the date of enactment of this Act until the date on 

which the translator station or low power television station is licensed to broadcast a digital signal. 

Section 5(c) of the bill contains definitions. 

Section 6. Process for issuing qualified carrier certification 

Section 6 of the bill creates a new section 342 of the Communications Act. The Committee on the Judiciary’s companion legislation 

to SHVRA establishes a process by which a federal court will lift 

an injunction that prevents a satellite carrier from using the distant signal compulsory copyright license once the Commission determines that the satellite carrier provides local-into-local service 

in all 210 DMAs in the United States. Section 6 of the bill sets 

forth the requirements such a satellite carrier must meet to obtain 

a certification of compliance from the FCC. The satellite carrier 

may then present the certificate to the court, which will lift the injunction. 

In SHVIA, Congress, recognizing the capacity constraints faced 

by satellite carriers, adopted a requirement that satellite carriers 

provide the signal of all local broadcast stations requesting carriage 

in a market when they provide at least one such signal pursuant 

to the local-into-local compulsory copyright license. In this way, 


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12 As of November 2009, DirecTV provides local service in 152 markets, and DISH Network 

provided local service in 182 markets. This means that roughly 30 DMAs have no local-intolocal service. See footnotes 8 and 9, supra. 13 As noted above, such markets are often referred to as ‘‘short markets.’’ 

satellite carriers could decide in which DMAs they wanted to roll 

out local-into-local service, and when.12

The majority of DMAs that lack local service from a satellite carrier are in rural areas, and many of these markets do not have a 

full complement of local network affiliates.13

According to the satellite carriers, because these communities are 

often sparsely populated and often lack a full complement of local 

network affiliates, these areas are less economic for satellite carriers to serve. Simply put, the cost of providing local service in 

these areas cannot be supported through the addition of new subscribers. Absent a financial or regulatory incentive or a government 

mandate to extend local service to these remote areas, many of 

these markets may never receive local television service delivered 

by satellite. 

DISH is currently the only satellite carrier barred from using the 

distant signal compulsory copyright license to retransmit any outof-market network programming to any of its subscribers. This is 

the result of a nationwide permanent injunction issued by the 

United States Court of Appeals for the Eleventh Circuit. The inability to offer distant network programming makes it difficult for 

DISH to commence local-into-local service in short markets because 

it cannot use the distant signal license to offer out-of-market programming to provide a missing local network affiliate. DISH has 

informed the Committee that it would commit to offer local-intolocal service in all 210 DMAs if it were provided a mechanism by 

which the company could seek to have the permanent injunction 

lifted. 

The Judiciary Committee’s companion legislation establishes a 

method by which DISH can seek a waiver of the permanent injunction, subject to certain conditions and FCC certification. 

New section 342(a) of the bill directs the FCC to issue a certification in compliance with 17 U.S.C. 119(g)(3)(A)(iii) if the Commission determines: (1) that the requesting satellite carrier is offering 

local-into-local service in all 210 DMAs in the United States; (2) 

that the requesting satellite carrier’s satellite beams are designed 

to provide a good quality signal to 90% of the households in each 

DMA in which the satellite carrier is not offering local-into-local 

service as of the date of enactment of SHVRA; and (3) that there 

is no material evidence that there has been a satellite or sub-system failure subsequent to the satellite’s launch that precludes the 

ability of the satellite carrier to meet the requirement to provide 

a good quality signal to 90% of the households in each DMA in 

which the satellite carrier is not offering local-into-local service as 

of the date of enactment of SHVRA. 

New section 342(b) of the bill sets forth the minimum information that a requesting satellite carrier must provide to the Commission when requesting a certification. 

New section 342(c) of the bill sets forth the timeframe for the 

Commission to seek comment on a request for certification and to 

grant or deny the request. 


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New section 342(d) of the bill requires a satellite carrier that receives a certification from the Commission to file an affidavit 30 

months after the certification is granted stating that the satellite 

carrier is still in compliance with the requirements for a qualified 

carrier. 

New section 342(e) of the bill defines the terms used in this section. 

Section 7. Savings clause regarding definitions 

Section 7 of the bill states that nothing in SHVRA shall be construed to affect the definitions of ‘‘program related’’ and ‘‘primary 

video’’ in the Communications Act or any regulations promulgated 

pursuant to that Act by the Commission. The purpose of this language is to ensure that the treatment of multicast signals in 

SHVRA and in the Judiciary Committee’s companion legislation 

have no effect, one way or the other, on ongoing consideration by 

the Commission of policy issues relating to multicast signals. 

Section 8. Savings clause regarding use of non-compulsory licenses; 

report 

Section 8(a) of the bill states that nothing in SHVRA, the Communications Act, or any Commission regulation shall limit the ability of a satellite carrier and a copyright owner to make contractual 

arrangements to retransmit programming pursuant to an authorization granted by the copyright owner outside of the purview of 

the distant or local signal compulsory licenses. It is the Committee’s understanding and intent that section 8(a) is simply a restatement and clarification of existing communications law, which does 

not preclude parties with the requisite rights from entering into 

agreements to retransmit programming outside of the compulsory 

copyright license regime. 

Section 8(b) directs the Commission to submit within one year to 

the House Committee on Energy and Commerce and the Senate 

Committee on Commerce, Science, and Transportation a report on: 

(1) the number of households in a state that receive local broadcast 

signals from stations with a community of license located in a different state; (2) the extent to which consumers have access to instate broadcast programming; and (3) whether alternatives exist to 

the use of DMAs for defining local markets that would provide 

more consumers with in-state broadcast programming. 

The Committee notes that the problem of so-called ‘‘orphan’’ 

counties is one that receives significant congressional attention 

during each Satellite Home Viewer Act reauthorization cycle and is 

of concern to consumers located in such counties. Orphan counties 

are counties assigned by The Nielsen Company to a local market 

in which most of the other counties in that DMA are located in a 

different state. Households in these orphan counties may not be receiving signals from in-state broadcast stations and therefore might 

not be receiving news, sports, and public affairs programming relevant to their state, though in some cases they are receiving such 

programming. The Committee also notes that the existing DMA 

system is critically interwoven with the predominant broadcasting 

business model. As such, proposed changes to that system deserve 

full exploration and careful consideration. 


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In addition to quantifying the number of households in any given 

state that receive local broadcast signals from a different state, the 

Committee intends for the Commission to consider alternatives 

that might provide such households with more non-duplicating, ‘‘instate’’ programming, such as in-state news, public affairs, election 

coverage, weather, and public service programming that is not 

available from in-market stations. The study is not intended to facilitate carriage by MVPDs of duplicating network and syndicated 

programming from out-of-market stations that is already available 

to these viewers through local stations. Rather, the focus of the 

FCC study should be on options to provide these households with 

non-duplicating programming that the consumer may consider 

more relevant and ‘‘local’’ than the programming the DMA system 

might otherwise assign to them. 

The Committee is aware that cable systems in some areas currently import non-duplicating, in-state news, weather, and other 

local programming from out-of-market, in-state stations. It appears, however, that satellite carriers typically do not. The Commission should examine this issue. 

Section 9. Nondiscrimination in carriage of high definition digital 

signals of noncommercial educational television stations 

Section 9(a) of the bill amends section 338(a) of the Communications Act by adding a new section 338(a)(5). This new section requires each satellite carrier that is not as of the date of enactment 

of SHVRA party to a carriage contract with a qualified noncommercial educational television station, or its representative, and is retransmitting local signals in high definition format in any local 

market before the date of enactment of SHVRA, to provide the high 

definition signal of qualified noncommercial educational television 

stations in each such local market by December 31, 2011. New section 338(a)(5)(B) requires each satellite carrier not a party to such 

a contract that launches high definition service in any local market 

after the date of enactment of SHVRA to provide immediately the 

high definition signals of all qualified noncommercial educational 

television stations in that local market. At the time SHVRA was 

passed by the Committee, DirecTV was a party to such a carriage 

contract, but DISH was not. 

Section 9(b) of the bill amends section 338(k) of the Act to add 

definitions of ‘‘eligible satellite carrier’’ and ‘‘qualified noncommercial educational television station’’. 

EXPLANATION OF AMENDMENT

During full Committee markup on October 15, 2009, the Committee adopted an amendment by Ms. Eshoo that addresses the 

carriage of local public television broadcast signals in high definition format by satellite carriers. 

At the time SHVRA was passed by the Committee, satellite carriage of local public television station signals in high definition format was available on most, but not all MVPDs. For example, the 

second largest DBS provider carries the signal of local public television stations in high definition format in only two markets, Alaska and Hawaii. Notably, in both states such carriage is mandated 

by law. 


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Public television representatives have reached high definition 

format carriage agreements with the cable industry, Verizon and 

the largest DBS operator, DirecTV. Despite ongoing efforts to reach 

agreement with all DBS operators, these efforts have been unsuccessful. As a result, millions of consumers do not have access to 

public broadcasting in high definition format. The Committee believes this constitutes discriminatory treatment of locally-owned 

and controlled stations that serve their communities with highquality, local, educational, and cultural content. Absent a private 

agreement, the Committee believes it is in the public interest for 

Congress to require the carriage of local public television programming in high definition format. 

The amendment adopted by the Committee requires a satellite 

carrier that is not a party to a carriage contract with a qualified 

noncommercial educational station, or its representative, to begin 

carrying the high definition format signals of qualified noncommercial educational television stations in at least 50% of the markets 

where it offers local high definition format service by December 31, 

2010, and in 100% of markets where it offers local high definition 

format service by December 31, 2011. It further requires such a 

satellite provider to carry the high definition format signal of the 

qualified noncommercial educational television station when it begins offering high definition format service in a market on a prospective basis. 

Given the Committee’s strong preference for privately negotiated 

carriage agreements, the amendment contains a provision that nullifies the carriage requirement if there is a contract between a 

qualified noncommercial educational television station, or its representative, and an eligible satellite carrier prior to final passage 

of the bill. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

* * * * * * * 

TITLE III—SPECIAL PROVISIONS 

RELATING TO RADIO 

PART I—GENERAL PROVISIONS 

* * * * * * * 

SEC. 325. FALSE DISTRESS SIGNALS; REBROADCASTING; STUDIOS OF 

FOREIGN STATIONS. 

(a) * * * 

(b)(1) * * * 

(2) This subsection shall not apply— 


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(A) * * * 

* * * * * * * 

(C) until øDecember 31, 2009¿ December 31, 2014, to retransmission of the signals of network stations directly to a 

home satellite antenna, if the subscriber receiving the signal— 

(i) * * * 

* * * * * * * 

(3)(A) * * * 

* * * * * * * 

(C) The Commission shall commence a rulemaking proceeding to 

revise the regulations governing the exercise by television broadcast stations of the right to grant retransmission consent under 

this subsection, and such other regulations as are necessary to administer the limitations contained in paragraph (2). Such regulations shall— 

(i) * * * 

(ii) until øJanuary 1, 2010¿ January 1, 2015, prohibit a television broadcast station that provides retransmission consent 

from engaging in exclusive contracts for carriage or failing to 

negotiate in good faith, and it shall not be a failure to negotiate in good faith if the television broadcast station enters into 

retransmission consent agreements containing different terms 

and conditions, including price terms, with different multichannel video programming distributors if such different terms 

and conditions are based on competitive marketplace considerations; and 

(iii) until øJanuary 1, 2010¿ January 1, 2015, prohibit a 

multichannel video programming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to negotiate in good faith if 

the distributor enters into retransmission consent agreements 

containing different terms and conditions, including price 

terms, with different broadcast stations if such different terms 

and conditions are based on competitive marketplace considerations. 

* * * * * * * 

SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE 

CARRIERS. 

(a) CARRIAGE OBLIGATIONS.— 

(1) * * * 

* * * * * * * 

ø(3) EFFECTIVE DATE.—No satellite carrier shall be required 

to carry local television broadcast stations under paragraph (1) 

until January 1, 2002.¿ 

* * * * * * * 

(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION

SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.— 

(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS.— 

Each eligible satellite carrier providing, under section 122 

of title 17, United States Code, any secondary transmissions in high definition to subscribers located within 


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the local market of a television broadcast station of a primary transmission made by that station prior to the date 

of enactment of this paragraph shall carry the high-definition signals of qualified noncommercial educational television stations located within that local market in accordance with the following schedule: 

(i) By December 31, 2010, in at least 50 percent of 

the markets in which such satellite carrier provides 

such secondary transmissions in high definition. 

(ii) By December 31, 2011, in every market in which 

such satellite carrier provides such secondary transmissions in high definition. 

(B) NEW INITIATION OF SERVICE.—Each eligible satellite 

carrier that initiates the provision, under section 122 of 

title 17, United States Code, of any secondary transmissions in high definition to subscribers located within 

the local market of a television broadcast station of a primary transmission made by that station after the date of 

enactment of this paragraph shall carry the high-definition 

signals of all qualified noncommercial educational television stations located within that local market. 

* * * * * * * 

ø(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.— 

ø(1) SINGLE DISH.—Each satellite carrier that retransmits 

the analog signals of local television broadcast stations in a 

local market shall retransmit such analog signals in such market by means of a single reception antenna and associated 

equipment. 

ø(2) EXCEPTION.—If the carrier retransmits signals in the 

digital television service, the carrier shall retransmit such digital signals in such market by means of a single reception antenna and associated equipment, but such antenna and associated equipment may be separate from the single reception antenna and associated equipment used for analog television 

service signals. 

ø(3) EFFECTIVE DATE.—The requirements of paragraphs (1) 

and (2) of this subsection shall apply on and after 18 months 

after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004. 

ø(4) NOTICE OF DISRUPTIONS.—A carrier that is providing signals of a local television broadcast station in a local market 

under this section on the date of enactment of the Satellite 

Home Viewer Extension and Reauthorization Act of 2004 shall, 

not later than 15 months after such date of enactment, provide 

to the licensees for such stations and the carrier’s subscribers 

in such local market a notice that displays prominently and 

conspicuously a clear statement of— 

ø(A) any reallocation of signals between different reception antennas and associated equipment that the carrier 

intends to make in order to comply with the requirements 

of this subsection; 

ø(B) the need, if any, for subscribers to obtain an additional reception antenna and associated equipment to receive such signals; and 


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ø(C) any cessation of carriage or other material change 

in the carriage of signals as a consequence of the requirements of this paragraph.¿ 

(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE RECEPTION ANTENNA.— 

(1) SINGLE RECEPTION ANTENNA.—Each satellite carrier that 

retransmits the signals of local television broadcast stations in 

a local market shall retransmit such stations in such market so 

that a subscriber may receive such stations by means of a single 

reception antenna and associated equipment. 

(2) ADDITIONAL RECEPTION ANTENNA.—If the carrier retransmits the signals of local television broadcast stations in a local 

market in high definition format, the carrier shall retransmit 

such signals in such market so that a subscriber may receive 

such signals by means of a single reception antenna and associated equipment, but such antenna and associated equipment 

may be separate from the single reception antenna and associated equipment used to comply with paragraph (1). 

* * * * * * * 

(k) DEFINITIONS.—As used in this section: 

(1) * * * 

(2) ELIGIBLE SATELLITE CARRIER.—The term ‘‘eligible satellite 

carrier’’ means any satellite carrier that is not a party to a carriage contract with a qualified noncommercial educational television station, or its representative, that is in force and effect 

as of the date of enactment of this paragraph. 

ø(2)¿ (3) 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. 

ø(3)¿ (4) LOCAL MARKET.—The term ‘‘local market’’ has the 

meaning given that term under section 122( j) of title 17, 

United States Code. 

ø(4)¿ (5) LOW POWER TELEVISION STATION.—The term ‘‘low 

power television station’’ means a low power television station 

as defined under section 74.701(f) of title 47, Code of Federal 

Regulations, as in effect on June 1, 2004. For purposes of this 

paragraph, the term ‘‘low power television station’’ includes a 

low power television station that has been accorded primary 

status as a Class A television licensee under section 73.6001(a) 

of title 47, Code of Federal Regulations. 

(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION

STATION.—The term ‘‘qualified noncommercial educational television station’’ has the meaning given such term in section 

615(l)(1) of this Act. 

ø(5)¿ (7) SATELLITE CARRIER.—The term ‘‘satellite carrier’’ 

has the meaning given such term under section 119(d) of title 

17, United States Code. 

ø(6)¿ (8) SECONDARY TRANSMISSION.—The term ‘‘secondary 

transmission’’ has the meaning given such term in section 

119(d) of title 17, United States Code. 

ø(7)¿ (9) SUBSCRIBER.—The term ‘‘subscriber’’ has the meaning given that term under section 122(j) of title 17, United 

States Code. 


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ø(8)¿ (10) TELEVISION BROADCAST STATION.—The term ‘‘television broadcast station’’ has the meaning given such term in 

section 325(b)(7). 

SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE CARRIERS. 

(a) PROVISIONS RELATING TO CARRIAGE OF DISTANT SIGNALS.— (1) CARRIAGE PERMITTED.— (A) * * * 

(B) ADDITIONAL SERVICE.—In addition to signals provided under subparagraph (A), any satellite carrier may 

also provide service under the statutory license of section 

122 of title 17, United States Code, to the local market 

within which such household is located. The service provided under section 122 of such title may be in addition to 

the two signals provided under section 119 of such title. 

øSuch two network stations may be comprised of both the 

analog signal and digital signal of not more than two network stations.¿ 

(2) REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIG- NALS.—Notwithstanding any other provision of paragraph (1), 

the following rules shall apply after the date of enactment of 

the Satellite Home Viewer Extension and Reauthorization Act 

of 2004: 

(A) RULES FOR GRANDFATHERED SUBSCRIBERS øTO ANA- LOG SIGNALS¿.— (i) FOR THOSE RECEIVING DISTANT øANALOG¿ SIGNALS.—In the case of a subscriber of a satellite carrier 

who is eligible to receive the øanalog¿ signal of a network station solely by reason of section 119(e) of title 

17, United States Code (in this subparagraph referred 

to as a ‘‘distant øanalog¿ signal’’), and who, as of øOctober 1, 2004¿ October 1, 2009, is receiving the distant 

øanalog¿ signal of that network station, the following 

shall apply: 

(I) In a case in which the satellite carrier makes 

available to the subscriber the øanalog¿ signal of 

a local network station affiliated with the same 

television network pursuant to section 338, the 

carrier may only provide the secondary transmissions of the distant øanalog¿ signal of a station affiliated with the same network to that subscriber— 

(aa) if, within 60 days after receiving the 

notice of the satellite carrier under section 

338(h)(1) of this Act, the subscriber elects to 

retain the distant øanalog¿ signal; but 

(bb) only until such time as the subscriber 

elects to receive such local øanalog¿ signal. 

(II) Notwithstanding subclause (I), the carrier 

may not retransmit the distant øanalog¿ signal to 

any subscriber who is eligible to receive the øanalog¿ signal of a network station solely by reason 

of section 119(e) of title 17, United States Code, 

unless such carrier, within 60 days after the date 

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tension and Reauthorization Act of 2004, submits 

to that television network the list and statement 

required by subparagraph (F)(i). 

(ii) FOR THOSE NOT RECEIVING DISTANT øANALOG¿ 

SIGNALS.—In the case of any subscriber of a satellite 

carrier who is eligible to receive the distant øanalog¿ 

signal of a network station solely by reason of section 

119(e) of title 17, United States Code, and who did not 

receive a distant øanalog¿ signal of a station affiliated 

with the same network on October 1, ø2004¿ 2009, the 

carrier may not provide the secondary transmissions 

of the distant øanalog¿ signal of a station affiliated 

with the same network to that subscriber. 

ø(B) RULES FOR OTHER SUBSCRIBERS TO ANALOG SIG- NALS.—In the case of a subscriber of a satellite carrier who 

is eligible to receive the analog signal of a network station 

under this section (in this subparagraph referred to as a 

‘‘distant analog signal’’), other than subscribers to whom 

subparagraph (A) applies, the following shall apply: 

ø(i) In a case in which the satellite carrier makes 

available to that subscriber, on January 1, 2005, the 

analog signal of a local network station affiliated with 

the same television network pursuant to section 338, 

the carrier may only provide the secondary transmissions of the distant analog signal of a station affiliate with the same network to that subscriber if the 

subscriber’s satellite carrier, not later than March 1, 

2005, submits to that television network the list and 

statement required by subparagraph (F)(i). 

ø(ii) In a case in which the satellite carrier does not 

make available to that subscriber, on January 1, 2005, 

the analog signal of a local network station pursuant 

to section 338, the carrier may only provide the secondary transmissions of the distant analog signal of a 

station affiliated with the same network to that subscriber if— 

ø(I) that subscriber seeks to subscribe to such 

distant analog signal before the date on which 

such carrier commences to carry pursuant to section 338 the analog signals of stations from the 

local market of such local network station; and 

ø(II) the satellite carrier, within 60 days after 

such date, submits to each television network the 

list and statement required by subparagraph 

(F)(ii).¿ 

(B) RULES FOR OTHER SUBSCRIBERS.— 

(i) IN GENERAL.—In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a 

network station under this section (in this clause referred to as a ‘‘distant signal’’), other than subscribers 

to whom subparagraph (A) applies, the following shall 

apply: 

(I) In a case in which the satellite carrier makes 

available to that subscriber, on January 1, 2005, 

the signal of a local network station affiliated with 


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the same television network pursuant to section 

338, the carrier may only provide the secondary 

transmissions of the distant signal of a station affiliated with the same network to that subscriber if 

the subscriber’s satellite carrier, not later than 

March 1, 2005, submits to that television network 

the list and statement required by subparagraph 

(F)(i). 

(II) In a case in which the satellite carrier does 

not make available to that subscriber, on January 

1, 2005, the signal of a local network station pursuant to section 338, the carrier may only provide 

the secondary transmissions of the distant signal 

of a station affiliated with the same network to 

that subscriber if— 

(aa) that subscriber seeks to subscribe to 

such distant signal before the date on which 

such carrier commences to carry pursuant to 

section 338 the signals of stations from the 

local market of such local network station; 

and 

(bb) the satellite carrier, within 60 days 

after such date, submits to each television network the list and statement required by subparagraph (F)(ii). 

(ii) SPECIAL CIRCUMSTANCES.—A subscriber of a satellite carrier who was lawfully receiving the distant 

signal of a network station on the day before the date 

of enactment of the Satellite Home Viewer Reauthorization Act of 2009 may receive both such distant signal 

and the local signal of a network station affiliated with 

the same network until such subscriber chooses to no 

longer receive such distant signal from such carrier. 

(C) FUTURE APPLICABILITY.—A satellite carrier may not 

provide a distant øanalog¿ signal (within the meaning of 

subparagraph (A) or (B)) to a person who— 

(i) is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of 

øthe Satellite Home Viewer Extension and Reauthorization Act of 2004¿ the Satellite Home Viewer Reauthorization Act of 2009; and 

ø(ii) at the time such person seeks to subscribe to 

receive such secondary transmission, resides in a local 

market where the satellite carrier makes available to 

that person the signal of a local network station affiliated with the same television network pursuant to 

section 338, and the retransmission of such signal by 

such carrier can reach such subscriber.¿ 

(ii) either— 

(I) at the time such person seeks to subscribe to 

receive such secondary transmission, resides in a 

local market where the satellite carrier makes 

available to that person the signal of a local network station affiliated with the same television 

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mission of such signal by such carrier can reach 

such subscriber; or 

(II) receives from the satellite carrier the signal 

of a network station affiliated with the same network that is broadcast by a local station in the 

market where the subscriber resides, but is not the 

local station’s primary video. 

(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.— 

ø(i) ELIGIBILITY.—In the case of a subscriber of a 

satellite carrier who, with respect to a local network 

station— 

ø(I) is a subscriber whose household is located 

outside the coverage area of the analog signal of 

such station as predicted by the model specified in 

subsection (c)(3) of this section for the signal intensity required under section 73.683(a) of title 47 

of the Code of Federal Regulations, or a successor 

regulation; 

ø(II) is in an unserved household as determined 

under section 119(d)(1)(A) of title 17, United 

States Code; or 

ø(III) is, after the date on which the conditions 

required by clause (vii) are met with respect to 

such station, determined under clause (vi) of this 

subparagraph to be unable to receive a digital signal of such local network station that exceeds the 

signal intensity standard specified in such clause; 

such subscriber is eligible to receive the digital signal 

of a distant network station affiliated with the same 

network under this section (in this subparagraph referred to as a ‘‘distant digital signal’’) subject to the 

provisions of this subparagraph. 

ø(vi) SIGNAL TESTING FOR DIGITAL SIGNALS.— 

ø(I) A subscriber shall be eligible for a distant 

digital signal under clause (i)(III) if such subscriber is determined, based on a test conducted in 

accordance with section 73.686(d) of title 47, Code 

of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds 

the signal intensity standard in section 

73.622(e)(1) of title 47, Code of Federal Regulations, as in effect on the date of enactment of the 

Satellite Home Viewer Extension and Reauthorization Act of 2004. 

ø(II) Such test shall be conducted, upon written 

request for a digital signal strength test by the 

subscriber to the satellite carrier, within 30 days 

after the date the subscriber submits such request 

for the test. Such test shall be conducted by a 

qualified and independent person selected by the 

satellite carrier and the network station or stations, or who has been previously approved by the 

satellite carrier and by each affected network station but not previously disapproved. A tester may 


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not be so disapproved for a test after the tester 

has commenced such test. 

ø(III) Unless the satellite carrier and the network station or stations otherwise agree, the costs 

of conducting the test shall be borne as follows: 

ø(aa) If the subscriber is not eligible for a 

distant digital signal under clause (i)(I) of this 

subparagraph (by reason of being outside of 

the coverage area of the analog signal), the 

satellite carrier may request the station licensee for a waiver. 

ø(bb) If the licensee agrees to a waiver, or 

fails to respond to a waiver request within 30 

days, the subscriber may receive such distant 

digital signal. 

ø(cc) If the licensee refuses to grant a waiver, the subscriber may request the satellite 

carrier to conduct the test. 

ø(dd) If the satellite carrier requests the 

test and— 

ø(AA) the station’s signal is determined 

to exceed such signal intensity standard, 

the costs of the test shall be borne by the 

satellite carrier; and 

ø(BB) the station’s signal is determined 

to not exceed such signal intensity standard, the costs of the test shall be borne by 

the licensee. 

ø(ee) If the satellite carrier does not request 

the test, or fails to respond within 30 days, 

the subscriber may request the test be conducted under the supervision of the carrier, 

and the costs of the test shall be borne by the 

subscriber in accordance with regulations prescribed by the Commission. Such regulations 

shall also require the carrier to notify the subscriber of the typical costs of such test.¿ 

(i) SIGNAL TESTING.—A subscriber shall be eligible to 

receive a distant signal of a distant network station affiliated with the same network under this section if 

such subscriber is determined, based on a test conducted in accordance with section 73.686(d) of title 47, 

Code of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds the 

signal intensity standard in section 73.622(e)(1) of title 

47, Code of Federal Regulations. 

(ii) PRE-ENACTMENT DISTANT øDIGITAL¿ SIGNAL SUB- SCRIBERS.—Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant 

ødigital¿ signal as of the date of enactment of the 

øSatellite Home Viewer Extension and Reauthorization Act of 2004¿ Satellite Home Viewer Reauthorization Act of 2009 may continue to receive such distant 

ødigital¿ signalø, whether or not such subscriber 

elects to subscribe to local digital signals¿. 


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(iii) TIME-SHIFTING PROHIBITED.—In a case in which 

the satellite carrier makes available to an eligible subscriber under this subparagraph the signal of a local 

network station pursuant to section 338, the carrier 

may only provide the distant signal of a station affiliated with the same network to that subscriber if, in the 

case of any local market in the 48 contiguous States of 

the United States, the distant signal is the secondary 

transmission of a station whose prime time network 

programming is generally broadcast simultaneously 

with, or later than, the prime time network programming of the affiliate of the same network in the local 

market. 

ø(iii) LOCAL-TO-LOCAL ANALOG MARKETS.—In a case 

in which the satellite carrier makes available to an eligible subscriber under this subparagraph the analog 

signal of a local network station pursuant to section 

338, the carrier may only provide the distant digital 

signal of a station affiliated with the same network to 

that subscriber if— 

ø(I) in the case of any local market in the 48 

contiguous States of the United States, the distant 

digital signal is the secondary transmission of a 

station whose prime time network programming is 

generally broadcast simultaneously with, or later 

than, the prime time network programming of the 

affiliate of the same network in the local market; 

ø(II) in any local market, the retransmission of 

the distant digital signal of the distant station occupies at least the equivalent bandwidth (as such 

term is defined by the Commission under section 

340(h)(4)) as the digital signal broadcast by such 

station; and 

ø(III) the subscriber subscribes to the analog 

signal of such local network station within 60 

days after such signal is made available by the 

satellite carrier, and adds to or replaces such analog signal with the digital signal from such local 

network station within 60 days after such signal 

is made available by the satellite carrier, except 

that such distant digital signal may continue to be 

provided to a subscriber who cannot be reached by 

the satellite transmission of the local digital signal. 

ø(iv) LOCAL-TO-LOCAL DIGITAL MARKETS.—After the 

date on which a satellite carrier makes available the 

digital signal of a local network station, the carrier 

may not offer the distant digital signal of a network 

station affiliated with the same television network to 

any new subscriber to such distant digital signal after 

such date, except that such distant digital signal may 

be provided to a new subscriber who cannot be 

reached by the satellite transmission of the local digital signal. 


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ø(v) NON-LOCAL-TO-LOCAL MARKETS.—After the date 

of enactment of the Satellite Home Viewer Extension 

and Reauthorization Act of 2004, if the satellite carrier does not make available the digital signal of a 

local network station in a local market, the satellite 

carrier may offer a new subscriber after such date who 

is eligible under this subparagraph a distant digital 

signal from a station affiliated with the same network 

and, in the case of any local market in the 48 contiguous States of the United States, whose prime time 

network programming is generally broadcast simultaneously with, or later than, the prime time network 

programming of the affiliate of the same network in 

the local market, except that— 

ø(I) such carrier may continue to provide such 

distant digital signal to such a subscriber after 

the date on which the carrier makes available the 

digital signal of a local network station affiliated 

with such network only if such subscriber subscribes to the digital signal from such local network station; and 

ø(II) the limitation contained in subclause (I) of 

this clause shall not apply to a subscriber that 

cannot be reached by the satellite transmission of 

the local digital signal. 

ø(vii) TRIGGER EVENTS FOR USE OF TESTING.—A subscriber shall not be eligible for a distant digital signal 

under clause (i)(III) pursuant to a test conducted 

under clause (vii) until— 

ø(I) in the case of a subscriber whose household 

is located within the area predicted to be served 

(by the predictive model for analog signals under 

subsection (b)(3) of this section) by the signal of a 

local network station and who is seeking a distant 

digital signal of a station affiliated with the same 

network as that local network station— 

ø(aa) April 30, 2006, if such local network 

station is within the top 100 television markets and— 

ø(AA) has received a tentative digital 

television service channel designation 

that is the same as such station’s current 

digital television service channel; or 

ø(BB) has been found by the Commission to have lost interference protection; 

or 

ø(bb) July 15, 2007, for any other local network stations, other than translator stations 

licensed to broadcast on the date of enactment 

of the Satellite Home Viewer Extension and 

Reauthorization Act of 2004; or 

ø(II) in the case of a translator station, 1 year 

after the date on which the Commission completes 

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ment of digital television licenses to television 

translator stations. 

ø(viii) TESTING WAIVERS.—Upon request by a local 

network station, the Commission may grant a waiver 

with respect to such station to the beginning of testing 

under clause (vii), and prohibit subscribers from receiving digital signal strength testing with respect to 

such station. Such a request shall be filed not less 

than 5 months prior to the implementation deadline 

specified in such clause, and the Commission shall act 

on such request by such implementation deadline. 

Such a waiver shall expire at the end of not more than 

6 months, except that a waiver may be renewed upon 

a proper showing. The Commission may only grant 

such a request upon submission of clear and convincing evidence that the station’s digital signal coverage is limited due to the unremediable presence of 

one or more of the following: 

ø(I) the need for international coordination or 

approvals; 

ø(II) clear zoning or environmental legal impediments; 

ø(III) force majeure; 

ø(IV) the station experiences a substantial decrease in its digital signal coverage area due to 

necessity of using side-mounted antenna; 

ø(V) substantial technical problems that result 

in a station experiencing a substantial decrease in 

its coverage area solely due to actions to avoid interference with emergency response providers; or 

ø(VI) no satellite carrier is providing the retransmission of the analog signals of local network 

stations under section 338 in the local market. 

Under no circumstances may such a waiver be based 

upon financial exigency. 

ø(ix) SPECIAL WAIVER PROVISION FOR TRANS- LATORS.—Upon request by a television translator station, the Commission may grant, for not more than 3 

years, a waiver with respect to such station to the beginning of testing under clause (vii), and prohibit subscribers from receiving digital signal strength testing 

with respect to such station, if the Commission determines that the translator station is not broadcasting a 

digital signal due to one or more of the following: 

ø(I) frequent occurrence of inclement weather; 

or 

ø(II) mountainous terrain at the transmitter 

tower location.¿ 

ø(x)¿ (iv) SAVINGS PROVISION.—Nothing in this subparagraph shall be construed to affect a satellite carrier’s obligations under section 338. 

ø(xi) DEFINITION.—For purposes of clause (viii), the 

term ‘‘emergency response providers’’ means Federal, 

State, or local governmental and nongovernmental 

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gency response, emergency medical (including hospital 

emergency facilities), and related personnel, organizations, agencies, or authorities.¿ 

(E) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.— This paragraph shall not prohibit a retransmission of a 

ødistant analog signal or distant digital signal (within the 

meaning of subparagraph (A), (B), or (D))¿ distant signal 

of any distant network station to any subscriber to whom 

the signal of a local network station affiliated with the 

same network is available, if and to the extent that such 

local network station has affirmatively granted a waiver 

from the requirements of this paragraph to such satellite 

carrier with respect to retransmission of such distant network station to such subscriber. 

* * * * * * * 

(c) ELIGIBILITY FOR RETRANSMISSION.— (1) * * * 

* * * * * * * 

ø(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL RE- QUIRED.—Within 180 days after the date of the enactment of 

the Satellite Home Viewer Improvement Act of 1999, the Commission shall take all actions necessary, including any reconsideration, to develop and prescribe by rule a point-to-point 

predictive model for reliably and presumptively determining 

the ability of individual locations to receive signals in accordance with the signal intensity standard in effect under section 

119(d)(10)(A) of title 17, United States Code. In prescribing 

such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Commission in Docket No. 98–201 and ensure that such 

model takes into account terrain, building structures, and 

other land cover variations. The Commission shall establish 

procedures for the continued refinement in the application of 

the model by the use of additional data as it becomes available.¿ 

(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ONLOCATION TESTING REQUIRED.— 

(A) PREDICTIVE MODEL.—Within 180 days after the date 

of the enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall take all actions necessary to develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining 

the ability of individual locations, through the use of a conventional, stationary, outdoor rooftop receiving antenna, to 

receive signals in accordance with the signal intensity 

standard in section 73.622(e)(1) of title 47, Code of Federal 

Regulations, including to account for the continuing operation of translator stations and low power television stations. In prescribing such model, the Commission shall rely 

on the Individual Location Longley-Rice model set forth by 

the Commission in CS Docket No. 98-201, as previously revised with respect to analog signals, and as recommended 

by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05-182, FCC 05-199 (reVerDate Nov 24 2008 06:35 Dec 03, 2009 Jkt 089006 PO 00000 Frm 00035 Fmt 6659 Sfmt 6603 E:\HR\OC\HR349.XXX HR349

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leased December 9, 2005). The Commission shall establish 

procedures for the continued refinement in the application 

of the model by the use of additional data as it becomes 

available. 

(B) ON-LOCATION TESTING.—The Commission shall issue 

an order completing its rulemaking proceeding in ET Docket No. 06-94 within 180 days after the date of enactment of 

the Satellite Home Viewer Reauthorization Act of 2009. 

(C) STUDY OF TYPES OF ANTENNAS AVAILABLE TO RECEIVE

DIGITAL SIGNALS.— (i) STUDY REQUIRED.—Not later than 1 year after the 

date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall complete 

a study regarding whether, for purposes of identifying 

if a household is unserved by an adequate digital signal under section 119(d)(10) of title 17, United States 

Code, the digital signal strength standard in section 

73.622(e)(1) of title 47, Code of Federal Regulations, or 

the testing procedures in section 73.686 of title 47, 

Code of Federal Regulations, such statutes or regulations should be revised to take into account the types 

of antennas that are available to and used by consumers. 

(ii) STUDY CONSIDERATION.—In conducting the study 

under clause (i), the Commission shall consider whether to account for the fact that an antenna can be 

mounted on a roof or placed in a home and can be 

fixed or capable of rotating. 

(iii) REPORT.—Not later than 1 year after the date of 

enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall submit to the 

Committee on Energy and Commerce of the House of 

Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report containing— 

(I) the results of the study conducted under 

clause (i); and 

(II) recommendations, if any, regarding changes 

to be made to Federal statutes or regulations. 

(4) OBJECTIVE VERIFICATION.— 

ø(A) IN GENERAL.—If a subscriber’s request for a waiver 

under paragraph (2) is rejected and the subscriber submits 

to the subscriber’s satellite carrier a request for a test 

verifying the subscriber’s inability to receive a signal that 

meets the signal intensity standard in effect under section 

119(d)(10)(A) of title 17, United States Code, the satellite 

carrier and the network station or stations asserting that 

the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to 

conduct a test in accordance with section 73.686(d) of its 

regulations (47 CFR 73.686(d)), or any successor regulation. Such test shall be conducted within 30 days after the 

date the subscriber submits a request for the test. If the 

written findings and conclusions of a test conducted in accordance with such section (or any successor regulation) 


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demonstrate that the subscriber does not receive a signal 

that meets or exceeds the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States 

Code, the subscriber shall not be denied the retransmission of a signal of a network station under section 119 

of title 17, United States Code.¿ 

(A) IN GENERAL.—If a subscriber’s request for a waiver 

under paragraph (2) is rejected and the subscriber submits 

to the subscriber’s satellite carrier a request for a test 

verifying the subscriber’s inability to receive a signal of the 

signal intensity referenced in clause (i) of subsection 

(a)(2)(D), the satellite carrier and the network station or 

stations asserting that the retransmission is prohibited 

with respect to that subscriber shall select a qualified and 

independent person to conduct the test referenced in such 

clause. Such test shall be conducted within 30 days after 

the date the subscriber submits a request for the test. If the 

written findings and conclusions of a test conducted in accordance with such clause demonstrate that the subscriber 

does not receive a signal that meets or exceeds the requisite 

signal intensity standard in such clause, the subscriber 

shall not be denied the retransmission of a signal of a network station under section 119 of title 17, United States 

Code. 

(B) DESIGNATION OF TESTER AND ALLOCATION OF

COSTS.—If the satellite carrier and the network station or 

stations asserting that the retransmission is prohibited are 

unable to agree on such a person to conduct the test, the 

person shall be designated by an independent and neutral 

entity designated by the Commission by rule. Unless the 

satellite carrier and the network station or stations otherwise agree, the costs of conducting the test under this 

paragraph shall be borne by the satellite carrier, if the station’s signal meets or exceeds øthe signal intensity standard in effect under section 119(d)(10)(A) of title 17, United 

States Code¿ such requisite signal intensity standard, or 

by the network station, if its signal fails to meet or exceed 

such standard. 

* * * * * * * 

(E) EXCEPTION.—A satellite carrier may refuse to engage 

in the testing process. If the carrier does so refuse, a subscriber in a local market in which the satellite carrier does 

not offer the signals of local broadcast stations under section 338 may, at his or her own expense, authorize a signal intensity test to be performed pursuant to the procedures specified by the Commission in section 73.686(d) of 

title 47, Code of Federal Regulations, by a tester who is 

approved by the satellite carrier and by each affected network station, or who has been previously approved by the 

satellite carrier and by each affected network station but 

not previously disapproved. A tester may not be so disapproved for a test after the tester has commenced such 

test. The tester shall give 5 business days advance written 

notice to the satellite carrier and to the affected network 

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cordance with this subparagraph shall be determinative of 

the signal strength received at that household for purposes 

of determining whether the household is capable of receiving a øGrade B intensity¿ signal. 

* * * * * * * 

SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED. 

(a) * * * 

(b) LIMITATIONS.— 

ø(1) ANALOG SERVICE LIMITED TO SUBSCRIBERS TAKING

LOCAL-INTO-LOCAL SERVICE.—With respect to a signal that 

originates as an analog signal of a network station, this section 

shall apply only to retransmissions to subscribers of a satellite 

carrier who receive retransmissions of a signal that originates 

as an analog signal of a local network station from that satellite carrier pursuant to section 338. 

ø(2) DIGITAL SERVICE LIMITATIONS.—With respect to a signal 

that originates as a digital signal of a network station, this section shall apply only if— 

ø(A) the subscriber receives from the satellite carrier 

pursuant to section 338 the retransmission of the digital 

signal of a network station in the subscriber’s local market 

that is affiliated with the same television network; and 

ø(B) either— 

ø(i) the retransmission of the local network station 

occupies at least the equivalent bandwidth as the digital signal retransmitted pursuant to this section; or 

ø(ii) the retransmission of the local network station 

is comprised of the entire bandwidth of the digital signal broadcast by such local network station.¿ 

(1) SERVICE LIMITED TO SUBSCRIBERS TAKING LOCAL-INTOLOCAL SERVICE.—This section shall apply only to retransmissions to subscribers of a satellite carrier who receive retransmissions of a signal from that satellite carrier pursuant to section 338. 

(2) SERVICE LIMITATIONS.—A satellite carrier may retransmit 

to a subscriber in high definition format the signal of a station 

determined by the Commission to be significantly viewed under 

subsection (a) only if such carrier also retransmits in high definition format the signal of a station located in the local market 

of such subscriber and affiliated with the same network whenever such format is available from such station. 

* * * * * * * 

(i) DEFINITIONS.—As used in this section: 

(1) * * * 

* * * * * * * 

ø(4) BANDWIDTH.—The terms ‘‘equivalent bandwidth’’ and 

‘‘entire bandwidth’’ shall be defined by the Commission by regulation, except that this paragraph shall not be construed— 

ø(A) to prevent a satellite operator from using compression technology; 


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ø(B) to require a satellite operator to use the identical 

bandwidth or bit rate as the local or distant broadcaster 

whose signal it is retransmitting; 

ø(C) to require a satellite operator to use the identical 

bandwidth or bit rate for a local network station as it does 

for a distant network station; 

ø(D) to affect a satellite operator’s obligations under subsection (a)(1); or 

ø(E) to affect the definitions of ‘‘program related’’ and 

‘‘primary video’’.¿ 

* * * * * * * 

SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION. 

(a) CERTIFICATION.—The Commission shall issue a certification 

for the purposes of section 119(g)(3)(A)(iii) of title 17, United States 

Code, if the Commission determines that— 

(1) a satellite carrier is providing local service pursuant to 

the statutory license under section 122 of such title in each designated market area; and 

(2) with respect to each designated market area in which such 

satellite carrier was not providing such local service as of the 

date of enactment of the Satellite Home Viewer Reauthorization 

Act of 2009— 

(A) the satellite carrier’s satellite beams are designed, 

and predicted by the satellite manufacturer’s pre-launch 

test data, to provide a good quality satellite signal to 90 

percent of the households in each such designated market 

area based on the most recent census data released by the 

United States Census Bureau; and 

(B) there is no material evidence that there has been a 

satellite or sub-system failure subsequent to the satellite’s 

launch that precludes the ability of the satellite carrier to 

satisfy the requirements of subparagraph (A). 

(b) INFORMATION REQUIRED.—Any entity seeking the certification 

provided for in subsection (a) shall submit to the Commission the 

following information: 

(1) An affidavit stating that, to the best of the affiant’s knowledge, the satellite carrier provides local service in all designated 

market areas pursuant to the statutory license provided for in 

section 122 of title 17, United States Code, and listing those 

designated market areas in which local service was provided as 

of the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009. 

(2) For each designated market area not listed in paragraph 

(1): 

(A) Identification of each such designated market area 

and the location of its local receive facility. 

(B) Data showing the number of households, and maps 

showing the geographic distribution thereof, in each such 

designated market area based on the most recent census 

data released by the United States Census Bureau. 

(C) Maps, with superimposed effective isotropically radiated power predictions obtained in the satellite manufacturer’s pre-launch tests, showing that the contours of the 

carrier’s satellite beams as designed and the geographic 


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area that the carrier’s satellite beams are designed to cover 

are predicted to provide a good quality satellite signal to 90 

percent of the households in such designated market area 

based on the most recent census data released by the 

United States Census Bureau. 

(D) For any satellite relied upon for certification under 

this section, an affidavit stating that, to the best of the 

affiant’s knowledge, there have been no satellite or sub-system failures subsequent to the satellite’s launch that would 

degrade the design performance to such a degree that a satellite transponder used to provide local service to any such 

designated market area is precluded from delivering a good 

quality satellite signal to 90 percent of the households in 

such designated market area based on the most recent census data released by the United States Census Bureau. 

(E) Any additional engineering, designated market area, 

or other information the Commission considers necessary to 

determine whether the Commission shall grant a certification under this section. 

(c) CERTIFICATION ISSUANCE.— (1) PUBLIC COMMENT.—The Commission shall provide 30 

days for public comment on a request for certification under 

this section. 

(2) DEADLINE FOR DECISION.—The Commission shall grant or 

deny a request for certification within 90 days after the date on 

which such request is filed. 

(d) SUBSEQUENT AFFIRMATION.—An entity granted qualified carrier status pursuant to section 119(g) of title 17, United States Code, 

shall file an affidavit with the Commission 30 months after such 

status was granted stating that, to the best of the affiant’s knowledge, it is in compliance with the requirements for a qualified carrier. 

(e) DEFINITIONS.—For the purposes of this section: 

(1) DESIGNATED MARKET AREA.—The term ‘‘designated market 

area’’ has the meaning given such term in section 122(j)(2)(C) 

of title 17, United States Code. 

(2) GOOD QUALITY SATELLITE SIGNAL.— (A) IN GENERAL.—The term ‘‘good quality satellite signal’’ 

means— 

(i) a satellite signal whose power level as designed 

shall achieve reception and demodulation of the signal 

at an availability level of at least 99.7 percent using 

models of satellite antennas normally used by the satellite carrier’s subscribers and the same calculation 

methodology used by the satellite carrier to determine 

predicted signal availability in the top 100 designated 

market areas; and 

(ii) a video signal transmitted by satellite carrier 

such that, taking into account whether a signal is in 

standard definition format or high definition format, 

compression methodology, modulation, error correction, 

power level, and utilization of advances in technology 

that does not circumvent the intent of this section to 

provide for non-discriminatory treatment with respect 

to any comparable television broadcast station signal— 


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(I) the satellite carrier treats all television broadcast station’s signals the same with respect to statistical multiplexer prioritization; and 

(II) the number of video signals in the relevant 

satellite transponder is not more than the then current greatest number of video signals carried on 

any equivalent transponder serving the top 100 

designated market areas. 

(B) DETERMINATION.—For the purposes of subparagraph 

(A), the top 100 designated market areas shall be as determined by Nielsen Media Research and published in the 

Nielsen Station Index Directory and Nielsen Station Index 

United States Television Household Estimates or any successor publication as of the date of a satellite carrier’s application for certification under this section. 

* * * * * * * 


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(42) 

MINORITY VIEWS 

We, the undersigned Members of the Committee on Energy and 

Commerce, submit the following comments on H.R. 2994 to express 

our concerns with the amending language that mandates high-definition carriage of public broadcasting stations. 

Section 9 of the bill is designed to cajole the DISH Network into 

carrying public broadcast stations in high-definition format. Such 

congressional intervention is neither necessary nor appropriate, as 

there is no market failure. We note that the issue here is not DISH 

subscribers’ access to public broadcasting, as DISH carries public 

broadcasters in standard definition. Moreover, most consumers can 

get public television in high-definition format over-the-air, from a 

cable operator, from a phone company, or from DirecTV. 

DISH has chosen not to provide the public broadcast programming in high definition. The company knows its needs and business 

model better than the government. Carrying programming in high 

definition as opposed to standard definition uses additional capacity and has costs—costs that could be borne by the consumer. For 

example, to carry public broadcasters in high definition as well as 

in standard definition, DISH may need to drop other programming 

that it believes its subscribers prefer—such as sports programming, 

movies, or foreign language programming. It may need to delay 

rollout of local-into-local service in additional markets. By pushing 

DISH to carry public broadcasting in high-definition format, the 

government is making business decisions for DISH that may or 

may not be sound. 

Supporters of the bill argue that the provision does not compel 

carriage, but rather allows DISH discretion. They downplay, however, the level of compulsion. Section 9(a) adds new Section 

338(a)(5) to the Communications Act. New Section 338(a)(5) requires a satellite carrier—that (1) has not entered into a carriage 

contract with a qualified, noncommercial, educational television 

station by the date of enactment and (2) that is providing other 

broadcast stations’ signals in high-definition format in a market 

under the local compulsory copyright license as of the date of enactment—to provide non-commercial stations’ signals in high-definition format in that market by December 31, 2011. New Section 

338(a)(5)(B) requires a satellite carrier that has not entered into 

such a carriage contract by the date of enactment and that 

launches local high-definition service in any market after the date 

of enactment must provide the high-definition signals of all qualified, noncommercial, educational television stations in that local 

market. At the time SHVRA was passed by the Committee, 

DirecTV was a party to such a carriage contract, but DISH was 

not. Section 9 was added by an amendment offered by Ms. Eshoo 

and narrowly adopted by the Committee. 


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The provision allows DISH to escape the compelled carriage by 

entering into a separate carriage agreement with public broadcasters, but that is not the same thing as providing DISH with discretion. Indeed, it appears the very aim of this provision is to 

present certain disadvantageous consequences to DISH in order to 

encourage it to enter into agreements it might not otherwise accept. Such influence is all the more unwarranted when one considers that DISH will be required to carry public broadcasters in 

high definition in stages by 2013 anyway, in light of the digital carriage order the Federal Communication Commission (FCC) issued 

in March 2008. (See In re Carriage of Digital Television Broadcast 

Signals: Amendment to Part 76 of the Commission’s Rules, Second 

Report and Order, 23 FCC Rcd 5351 (2008).) The FCC established 

the schedule, taking into account satellite carriers’ capacity and 

technological constraints, and DISH as well as DirecTV have been 

designing their business and satellite launch plans around that 

timetable. Advocates of this provision may argue that the FCC’s 

timetable has had the negative effect of discouraging DISH from 

entering into a negotiated carriage deal with public broadcasters 

any earlier than 2013. But that is more an indictment of government intervention in video carriage arrangements in the first place 

than justification for this provision. 

DISH should be given the flexibility to determine how best to allocate its resources to serve its subscribers’ needs. Providers distinguish themselves in various ways with different packages of content, and should be left to decide what segment of the market to 

go after and how. If DISH makes a poor business decision, consumers have many other options. We therefore believe there is no 

reason for congressional intervention, and oppose inclusion of Section 9. 

JOE BARTON. 

CLIFFORD STEARNS. 

ROY BLUNT. 

LEE TERRY. 

STEVE BUYER. 

RALPH M. HALL. 

ED WHITFIELD. 

GEORGE RADANOVICH. 

JOHN SHIMKUS. 

NATHAN DEAL. 

FRED UPTON. 

JOSEPH R. PITTS. 

JOHN SULLIVAN. 

JOHN SHADEGG. 

TIM MURPHY. 

MARSHA BLACKBURN. 

SUE MYRICK. 

MICHAEL BURGESS. 

MARY BONO MACK. 

PHIL GINGREY. 

Æ 


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