II 

108TH CONGRESS 

2D SESSION S. 2669

To amend the Communications Act of 1934 to enhance the ability of direct 

broadcast satellite providers to offer additional local broadcast services 

to consumers under limited circumstances, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2004

Mr. SUNUNU (for himself, Mr. GREGG, Mr. JEFFORDS, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL

To amend the Communications Act of 1934 to enhance the 

ability of direct broadcast satellite providers to offer additional local broadcast services to consumers under limited circumstances, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Direct Broadcast Sat5 ellite North Country Access Act’’. 
2

S 2669 IS 

1 SEC. 2. CARRIAGE OF LOCAL TELEVISION SIGNALS BY CER2 TAIN SATELLITE CARRIERS. 

3 (a) IN GENERAL.—Section 338(a) of the Commu4 nications Act of 1934 (47 U.S.C. 338(a)) is amended—

5 (1) by striking ‘‘(2),’’ and inserting ‘‘(2) and 

6 except as provided by paragraph (3),’’; 

7 (2) by striking ‘‘under this subsection’’ in para8 graph (2) and inserting ‘‘under paragraph (1)’’; and 

9 (3) by striking paragraph (3) and inserting the 

10 following: 

11 ‘‘(3) CERTAIN BROADCAST AREAS.—

12 ‘‘(A) SINGLE NETWORK STATION

13 STATES.—A satellite carrier may elect to carry 

14 also the signal of a commercial television broad15 cast station that was the only network station 

16 (as defined in section 339(d)(3)) in that State 

17 as of January 1, 1995, for secondary trans18 mission to subscribers in any community in that 

19 State that is not within 1 of the first 50 major 

20 television markets listed in section 76.51(a) of 

21 the Commission’s regulations (47 C.F.R. 

22 76.51(a)), as such regulations were in effect on 

23 January 1, 1995, if the satellite carrier is re24 transmitting the signal of the station pursuant 

25 to paragraph (1) of this subsection or section 

26 325(b) of this Act. 
3

S 2669 IS 

1 ‘‘(B) MULTIPLE NETWORK STATION

2 STATES.—A satellite carrier may elect to carry 

3 also the signals of any network station (as de4 fined in section 339(d)(3)) or superstation (as 

5 defined in section 325(b)(2)) in a State in 

6 which—

7 ‘‘(i) all network stations and supersta8 tions licensed by the Commission as of 

9 January 1, 1995, were assigned to the 

10 same local market, and 

11 ‘‘(ii) that local market does not en12 compass all counties of that State, 

13 for secondary transmission to subscribers in 

14 that State who reside in one of the first 50 

15 major television markets listed in section 

16 76.51(a) of the Commission’s regulations (47 

17 C.F.R. 76.51(a)), as such regulations were in 

18 effect on January 1, 1995, if the satellite car19 rier is retransmitting the signals pursuant to 

20 paragraph (1) of this subsection or section 

21 325(b) of this Act.’’. 

22 (b) CONFORMING AMENDMENT.—Section 122(j)(2) 

23 of title 17, United States Code, is amended by adding at 

24 the end the following: 
4

S 2669 IS 

1 ‘‘(D) CERTAIN STATES.—If a satellite carrier 

2 elects, under section 338(a)(3) (A) or (B) of the 

3 Communications Act of 1934 (47 U.S.C. 338(a)(3) 

4 (A) or (B)), to carry the signal of a network station 

5 or superstation then, in addition to the area de6 scribed in subparagraph (A) of this paragraph, the 

7 local market of that station includes, solely for the 

8 purposes of the secondary transmission of that sig9 nal by the satellite carrier, all households within the 

10 geographic borders of the State in which that station 

11 is licensed.’’.

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