IB 

Union Calendar No. 379

108TH CONGRESS 

2D SESSION H. R. 4501

[Report No. 108–634] 

To extend the statutory license for secondary transmissions under section 

119 of title 17, United States Code, and to amend the Communications 

Act of 1934 with respect to such transmissions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2004

Mr. UPTON (for himself, Mr. MARKEY, Mr. BARTON of Texas, and Mr. DINGELL) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

JULY 22, 2004

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL

To extend the statutory license for secondary transmissions 

under section 119 of title 17, United States Code, and 

to amend the Communications Act of 1934 with respect 

to such transmissions, 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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Satellite Home Viewer Extension and Reauthorization 

4 Act of 2004’’. 

5 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

TITLE II—FEDERAL COMMUNICATIONS COMMISSION OPERATIONS 

Sec. 201. Extension of retransmission consent exemption. 

Sec. 202. Cable/satellite comparability. 

Sec. 203. Carriage of local stations on a single dish. 

Sec. 204. Replacement of distant signals with local signals. 

Sec. 205. Additional notices to subscribers, networks, and stations concerning 

signal carriage. 

Sec. 206. Privacy rights of satellite subscribers. 

Sec. 207. Reciprocal bargaining obligations. 

Sec. 208. Unserved digital customers. 

Sec. 209. Reduction of required tests. 

Sec. 210. Carriage of certain additional stations.

6 TITLE II—FEDERAL COMMU7 NICATIONS COMMISSION OP8 ERATIONS 

9 SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EX10 EMPTION. 

11 Section 325(b)(2)(C) of the Communications Act of 

12 1934 (47 U.S.C. 325(b)(2)(C)) is amended by striking 

13 ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

14 2009’’. 

15 SEC. 202. CABLE/SATELLITE COMPARABILITY. 

16 (a) AMENDMENT.—Part I of title III of the Commu17 nications Act of 1934 is amended by inserting after sec18 tion 339 (47 U.S.C. 339) the following new section: 
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1 ‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED 

2 TO BE CARRIED. 

3 ‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addi4 tion to the broadcast signals that subscribers may receive 

5 under section 338 and 339, a satellite carrier is also au6 thorized to retransmit to subscribers located in a commu7 nity the signal of any station that a cable system in the 

8 same community is authorized to retransmit pursuant to 

9 section 111 of title 17, United States Code, if such station 

10 is treated as significantly viewed in the county within 

11 which such community is located in accordance with the 

12 rules, regulations, and authorizations of the Commission. 

13 ‘‘(b) LIMITATIONS.—

14 ‘‘(1) ANALOG SERVICE LIMITED TO SUB15 SCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE.—

16 With respect to a signal that originates as an analog 

17 signal of a television broadcast station, this section 

18 shall apply only to retransmissions to subscribers 

19 who receive retransmissions from a satellite carrier 

20 pursuant to the statutory license under section 122 

21 of title 17, United States Code. 

22 ‘‘(2) DIGITAL SERVICE LIMITATIONS.—With re23 spect to a signal that originates as a digital signal 

24 of a network station, this section shall apply only 

25 if—
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1 ‘‘(A) the subscriber receives from the sat2 ellite carrier pursuant to the statutory license 

3 under section 122 of title 17, United States 

4 Code, the retransmission of the digital signal of 

5 a network station in the subscriber’s local mar6 ket that is affiliated with the same television 

7 network; and 

8 ‘‘(B) either—

9 ‘‘(i) the retransmission of the local 

10 network station occupies at least the equiv11 alent bandwidth as the digital signal re12 transmitted pursuant to this section; or 

13 ‘‘(ii) the retransmission of the local 

14 network station carries the entire band15 width of the digital signal broadcast by 

16 such local network station. 

17 ‘‘(3) LIMITATION NOT APPLICABLE WHERE NO

18 NETWORK AFFILIATES.—The limitations in para19 graphs (1) and (2) shall not prohibit a retrans20 mission under this section to a subscriber located in 

21 a local market in which there are no network sta22 tions affiliated with the same television network as 

23 the station whose signal is being retransmitted pur24 suant to this section. 
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1 ‘‘(4) AUTHORITY TO GRANT STATION-SPECIFIC

2 WAIVERS.—Notwithstanding paragraphs (1) and (2), 

3 a satellite carrier may provide to subscribers the re4 transmission of a network station that is determined 

5 to be significantly viewed under this section, if and 

6 to the extent that the network station in the local 

7 market in which the subscriber is located, and that 

8 is affiliated with the same television network, has 

9 granted a waiver from the requirements of para10 graphs (1) and (2) to such satellite carrier with re11 spect to such significantly viewed station. 

12 ‘‘(c) MODIFICATIONS OF LIST.—

13 ‘‘(1) PETITIONS FROM SATELLITE CARRIERS.—

14 In addition to cable operators and television broad15 cast station licensees, the Commission shall permit a 

16 satellite carrier to petition for decisions and or17 ders—

18 ‘‘(A) by which stations and communities 

19 may be added to those that are eligible for re20 transmission under subsection (a); and 

21 ‘‘(B) by which stations and communities 

22 may be determined to be eligible for retrans23 mission under paragraph (2) of this subsection. 

24 ‘‘(2) APPLICATION OF CRITERIA TO COMMU25 NITIES WITHOUT CABLE SERVICE.—In addition to
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1 the stations and communities that are eligible for re2 transmission under subsection (a), in a community 

3 that is not served by a cable system, a satellite car4 rier is also authorized to retransmit to subscribers 

5 located in such community the signal of any station 

6 that a cable system in that community would be au7 thorized to retransmit pursuant to section 111 of 

8 title 17, United States Code, if such signal would 

9 be treated as significantly viewed in the county with10 in which such community is located in accordance 

11 with the rules, regulations, and authorizations of the 

12 Commission. 

13 ‘‘(d) EFFECT ON OTHER OBLIGATIONS AND

14 RIGHTS.—

15 ‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—

16 Carriage of a signal under this section is not manda17 tory, and any right of a station licensee to have the 

18 signal of such station carried under section 338 is 

19 not affected by the eligibility of such station to be 

20 carried under this section. 

21 ‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT

22 AFFECTED.—The eligibility of the signal of a station 

23 to be carried under this section does not affect the 

24 right of the licensee of such station to grant (or 
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1 withhold) retransmission consent under section 

2 325(b)(1). 

3 ‘‘(e) NETWORK NONDUPLICATION AND SYNDICATED

4 EXCLUSIVITY.—

5 ‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED

6 BY COMMISSION REGULATIONS.—Signals eligible to 

7 be carried under this section are not subject to the 

8 Commission’s regulations concerning network non9 duplication or syndicated exclusivity unless, pursu10 ant to regulations adopted by the Commission, the 

11 Commission determines to permit network non12 duplication or syndicated exclusivity to apply within 

13 the appropriate zone of protection. 

14 ‘‘(2) LIMITATION.—Nothing in this subsection 

15 or Commission regulations shall permit the applica16 tion of network nonduplication or syndicated exclu17 sivity regulations to the retransmission of distant 

18 signals of network stations that are carried by a sat19 ellite carrier pursuant to a statutory license under 

20 section 119(a)(2)(A) or (B), with respect to persons 

21 who reside in unserved households, under 

22 119(a)(4)(A), or under section 119(a)(12). 

23 ‘‘(f) ENFORCEMENT PROCEEDINGS.—

24 ‘‘(1) NOTICE BY TELEVISION BROADCAST STA25 TIONS.—If a television broadcast station believes 
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1 that a satellite carrier has retransmitted to any sub2 scriber in the local market of such station the signal 

3 of another television broadcast station affiliated with 

4 the same television network in violation of this sec5 tion, the station may provide the satellite carrier 

6 with written notice of such violation. Such notice 

7 shall be provided via overnight delivery, addressed to 

8 the chief executive officer of the satellite carrier at 

9 its principal place of business and marked ‘UR10 GENT LITIGATION MATTER’ on the outer pack11 aging. Such notification shall set forth—

12 ‘‘(A) the name, address, and call letters of 

13 the station that is claimed to have been unlaw14 fully retransmitted (for purposes of this sub15 section, the ‘imported station’); 

16 ‘‘(B) the name and address of the satellite 

17 carrier; 

18 ‘‘(C) the dates on which the alleged re19 transmission occurred; 

20 ‘‘(D) the street address of at least one per21 son to whom the alleged retransmission was 

22 made; 

23 ‘‘(E) a statement that the retransmission 

24 was not permitted because—
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1 ‘‘(i) the Commission had not deter2 mined that the imported station is signifi3 cantly viewed in the relevant community; 

4 ‘‘(ii) the subscriber is not eligible for 

5 the retransmission of the signal because of 

6 the limitation in subsection (b) (1) or (2); 

7 ‘‘(iii) the satellite carrier had not pro8 vided the notification required by sub9 section (h)(3); or 

10 ‘‘(iv) two or more of the above; and 

11 ‘‘(F) the name and address of counsel for 

12 the station. 

13 ‘‘(2) COMPLAINTS BY TELEVISION BROADCAST

14 STATIONS.—If, within 30 days of providing to the 

15 satellite carrier a notice pursuant to paragraph (1), 

16 the satellite carrier has not cured the alleged re17 transmission in violation of this section, or if the 

18 satellite carrier cures the alleged violation after no19 tice and then renews such violation within the next 

20 two years, the station may file a complaint with the 

21 Commission. Such complaint shall set forth the in22 formation provided in a notice under paragraph (1). 

23 ‘‘(3) SERVICE OF COMPLAINTS ON SATELLITE

24 CARRIERS.—For purposes of any proceeding under 

25 this subsection, any satellite carrier that retransmits 
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1 the signal of any broadcast station shall be deemed 

2 to designate the Secretary of the Commission as its 

3 agent for service of process. A television broadcast 

4 station may serve a satellite carrier with a complaint 

5 concerning an alleged violation of this section 

6 through retransmission of a station within the local 

7 market of such station by filing the original and two 

8 copies of the complaint with the Secretary of the 

9 Commission and serving a copy of the complaint on 

10 the satellite carrier by means of two commonly used 

11 overnight delivery services, each addressed to the 

12 chief executive officer of the satellite carrier at its 

13 principal place of business, and each marked ‘UR14 GENT LITIGATION MATTER’ on the outer pack15 aging. Service shall be deemed complete one business 

16 day after a copy of the complaint is provided to the 

17 delivery services for overnight delivery. On receipt of 

18 a complaint filed by a television broadcast station 

19 under this subsection, the Secretary of the Commis20 sion shall send the original complaint by United 

21 States mail, postage prepaid, receipt requested, ad22 dressed to the chief executive officer of the satellite 

23 carrier at its principal place of business. 

24 ‘‘(4) ANSWERS BY SATELLITE CARRIERS.—

25 Within 20 business days after the date of service,
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1 the satellite carrier shall file an answer with the 

2 Commission and shall serve the answer by a com3 monly used overnight delivery service and by United 

4 States mail, on the counsel designated in the com5 plaint at the address listed for such counsel in the 

6 complaint. The answer shall include, as a schedule, 

7 a complete and accurate list of all subscribers to 

8 which the satellite carrier retransmitted the im9 ported station into the community in question pursu10 ant to this section for each month during the rel11 evant time period. Such subscriber information sub12 mitted by a satellite carrier may be used only for 

13 purposes of determining compliance by the satellite 

14 carrier with this section. 

15 ‘‘(5) DEFENSES.—

16 ‘‘(A) EXCLUSIVE DEFENSES.—The de17 fenses under this paragraph are the exclusive 

18 defenses available to a satellite carrier against 

19 which a complaint under this subsection is filed. 

20 ‘‘(B) DEFENSES.—The defenses referred 

21 to under subparagraph (A) are the defenses—

22 ‘‘(i) that the satellite carrier did not 

23 retransmit the imported station to any per24 son in the complaining station’s local mar-
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1 ket pursuant to this section during the 

2 time period specified in the complaint; 

3 ‘‘(ii) if the complaining station has al4 leged that the retransmission was unlawful 

5 because the Commission had not deter6 mined that the station is significantly 

7 viewed in the relevant community, that the 

8 Commission had in fact made that deter9 mination; 

10 ‘‘(iii) with respect to particular sub11 scribers referenced in the complaint, that 

12 those subscribers reside in communities in 

13 which the Commission has determined the 

14 station to be significantly viewed; 

15 ‘‘(iv) if the complaining station has al16 leged that the retransmission is unlawful 

17 because the subscriber is ineligible for the 

18 retransmission because of the limitation in 

19 subsection (b) (1) or (2), that such limita20 tion is inapplicable; and 

21 ‘‘(v) if the complaining station has al22 leged that the retransmission was unlawful 

23 because the satellite carrier had not pro24 vided the notification required by sub-
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1 section (h)(3), that the satellite carrier had 

2 in fact provided that notification. 

3 ‘‘(6) COUNTING OF VIOLATIONS.—The unlawful 

4 retransmission of a particular television broadcast 

5 station on a particular day subsequent to the notice 

6 and opportunity to cure described in paragraphs (1) 

7 and (2) of this subsection to a single subscriber pur8 suant to this section shall be considered a separate 

9 violation of this section. 

10 ‘‘(7) PROCEDURES.—

11 ‘‘(A) REGULATIONS.—Within 60 days 

12 after the date of enactment, the Commission 

13 shall issue procedural regulations implementing 

14 this subsection which shall supersede proce15 dures under section 312. 

16 ‘‘(B) DETERMINATIONS.—

17 ‘‘(i) IN GENERAL.—Within 45 days 

18 after the filing of a complaint, the Com19 mission shall issue a final determination in 

20 any proceeding brought under this sub21 section, unless the Commission issues an 

22 interim determination in writing that there 

23 has been a genuine, reasonable, good faith 

24 dispute about the applicability of one of 

25 the defenses set forth in paragraph (5), in 
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1 which case the Commission shall have 135 

2 additional days to issue a final determina3 tion. The Commission shall hear witnesses 

4 only if it clearly appears, based on written 

5 filings by the parties, that there is a gen6 uine dispute about material facts. Except 

7 as provided in the preceding sentence, the 

8 Commission may issue a final ruling based 

9 on written filings by the parties. 

10 ‘‘(ii) DISCOVERY.—The Commission 

11 may direct the parties to exchange perti12 nent documents, and if necessary to take 

13 prehearing depositions, on such schedule as 

14 the Commission may approve, but only if 

15 the Commission first determines that such 

16 discovery is necessary to resolve a genuine 

17 dispute about material facts, consistent 

18 with the obligation to make a final deter19 mination within 45 days (or 180 days, as 

20 appropriate). 

21 ‘‘(8) RELIEF.—If the Commission determines 

22 that a satellite carrier has retransmitted the im23 ported stations to at least one person in the com24 plaining station’s local market based on this section 

25 and has failed to meet its burden of proving one of 
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1 the defenses under paragraph (5) with respect to 

2 such retransmission, the Commission shall be re3 quired to—

4 ‘‘(A) make a finding that the satellite car5 rier violated this section with respect to that 

6 station; and 

7 ‘‘(B) issue an order containing—

8 ‘‘(i) a cease-and-desist order directing 

9 the satellite carrier immediately to stop 

10 making any further retransmissions in vio11 lation of this section; 

12 ‘‘(ii) a monetary penalty of $50 per 

13 violation, which may be waived by the 

14 Commission only if the Commission deter15 mines that there was a genuine, reason16 able, good faith dispute about the applica17 bility of one of the defenses set forth in 

18 paragraph (5); and 

19 ‘‘(C) an award to the complainant of the 

20 complainant’s costs and reasonable attorney’s 

21 fees. 

22 ‘‘(9) COURT PROCEEDINGS ON ENFORCEMENT

23 OF COMMISSION ORDER.—
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1 ‘‘(A) IN GENERAL.—On entry by the Com2 mission of a final order granting relief under 

3 this subsection—

4 ‘‘(i) a television broadcast station may 

5 apply within 30 days after such entry to 

6 the United States District Court for the 

7 District of Columbia for a final judgment 

8 enforcing all relief granted by the Commis9 sion; and 

10 ‘‘(ii) the satellite carrier may apply 

11 within 30 days after such entry to the 

12 United States District Court for the Dis13 trict of Columbia for a judgment reversing 

14 the Commission’s order. 

15 ‘‘(B) APPEAL.—

16 ‘‘(i) For cases in which the Commis17 sion has not determined that there has 

18 been a genuine, reasonable, good faith dis19 pute about the applicability of one of the 

20 defenses set forth in paragraph (5), the 

21 procedure for an appeal under this sub22 paragraph by the satellite carrier shall su23 persede any other appeal rights under Fed24 eral or State law. The United States Dis25 trict Court for the District of Columbia 
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1 may find personal jurisdiction based on the 

2 satellite carrier’s ownership of licenses 

3 issued by the Commission. An application 

4 by a television broadcast station for an 

5 order enforcing any cease-and-desist relief 

6 granted by the Commission shall be re7 solved on a highly expedited schedule. No 

8 discovery may be conducted by the parties 

9 in any such proceeding. The district court 

10 shall enforce the Commission order unless 

11 the Commission record reflects manifest 

12 error and an abuse of discretion by the 

13 Commission. 

14 ‘‘(ii) For cases in which the Commis15 sion has determined that there has been 

16 genuine, reasonable, good faith dispute 

17 about the applicability of one of the de18 fenses set forth in paragraph (5), the ap19 peals process set forth in section 402 shall 

20 apply, with the following caveats: 

21 ‘‘(I) If the Commission has found 

22 the retransmissions in question to be 

23 in violation of this section, the sat24 ellite carrier must cease such retrans25 missions during the pendency of any 
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1 appeal. Any such retransmissions 

2 after the date of the Commission’s 

3 order but prior to any order over4 turning the Commission on appeal 

5 shall be considered violations under 

6 paragraph (6). 

7 ‘‘(II) If the Commission has 

8 found the retransmissions in question 

9 to be not in violation of this section, 

10 the satellite carrier may continue such 

11 retransmissions during the pendency 

12 of the appeal. Any such retrans13 missions after the date of the Com14 mission’s order but prior to any order 

15 overturning the Commission on appeal 

16 shall not be considered violations 

17 under paragraph (6). 

18 ‘‘(g) RULEMAKING.—

19 ‘‘(1) REQUIREMENTS.—The Commission 

20 shall—

21 ‘‘(A) commence a rulemaking proceeding 

22 to implement this section by publication of a 

23 notice of proposed rulemaking within 180 days 

24 after the date of enactment of the Satellite 
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1 Home Viewer Extension and Reauthorization 

2 Act of 2004; 

3 ‘‘(B) include in such notice a list of the 

4 stations or communities eligible for carriage 

5 under subsection (a); and 

6 ‘‘(C) adopt rules pursuant to such rule7 making within one year after such date of en8 actment. 

9 ‘‘(2) INTERIM ELIGIBILITY.—Stations and com10 munities listed as eligible for carriage in the notice 

11 of proposed rulemaking issued by the Commission 

12 under paragraph (1) may be treated as eligible for 

13 carriage under this section on an interim basis pend14 ing adoption of such rules and publication of the list 

15 of eligible stations and communities under such 

16 rules. 

17 ‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN

18 REGULATIONS.—

19 ‘‘(1) COMMUNITY-BY-COMMUNITY ELEC20 TIONS.—The Commission shall, no later than April 

21 30, 2005, revise section 76.66 of its regulations (47 

22 C.F.R. 76.66), concerning satellite broadcast signal 

23 carriage, to permit (at the next cycle of elections 

24 under section 325) a television broadcast station 

25 that is located in a local market into which a sat-
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1 ellite carrier retransmits a television broadcast sta2 tion on the basis of a statutory license under section 

3 122 of title 17, United States Code, to elect, with 

4 respect to such satellite carrier, between retrans5 mission consent pursuant to such section 325 and 

6 mandatory carriage pursuant to section 338 sepa7 rately for each county within such station’s local 

8 market, if—

9 ‘‘(A) the satellite carrier has notified the 

10 station, pursuant to paragraph (3), that it in11 tends to carry another affiliate of the same net12 work pursuant to this section during the rel13 evant election period in the station’s local mar14 ket; or 

15 ‘‘(B) on the date notification under para16 graph (3) was due, the satellite carrier was re17 transmitting into the station’s local market pur18 suant to this section an affiliate of the same tel19 evision network. 

20 ‘‘(2) SINGLE NEGOTIATIONS.—In revising its 

21 regulations as required by paragraph (1), the Com22 mission shall provide that any such station shall con23 duct a single negotiation for the entire portion of its 

24 local market for which retransmission consent is 

25 elected.
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1 ‘‘(3) ADDITIONAL PROVISIONS.—The Commis2 sion shall, no later than April 30, 2005, revise its 

3 regulations to provide the following: 

4 ‘‘(A) NOTIFICATIONS BY SATELLITE CAR5 RIER.—A satellite carrier’s retransmission of 

6 television broadcast stations pursuant to this 

7 section shall be subject to the following limita8 tions: 

9 ‘‘(i) In any local market in which the 

10 satellite carrier provides service on the 

11 basis of a statutory license under section 

12 122 of title 17, United States Code, on the 

13 date of enactment of the Satellite Home 

14 Viewer Extension and Reauthorization Act 

15 of 2004, the carrier may notify a television 

16 broadcast station in that market, at least 

17 60 days prior to any date on which the 

18 station must thereafter make an election 

19 under section 76.66 of the Commission’s 

20 regulations (47 C.F.R. 76.66), of—

21 ‘‘(I) each affiliate of the same 

22 television network that the carrier re23 serves the right to retransmit into 

24 that station’s local market pursuant 

25 to this section during the next election 
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1 cycle under such section of such regu2 lations; and 

3 ‘‘(II) for each such affiliate, the 

4 communities into which the satellite 

5 carrier reserves the right to make 

6 such retransmissions. 

7 ‘‘(ii) In any local market in which the 

8 satellite carrier commences service on the 

9 basis of a statutory license under section 

10 122 of title 17, United States Code, after 

11 the date of enactment of the Satellite 

12 Home Viewer Extension and Reauthoriza13 tion Act of 2004, the carrier may notify a 

14 station in that market, at least 60 days 

15 prior to the introduction of such service in 

16 that market, and thereafter at least 60 

17 days prior to any date on which the station 

18 must thereafter make an election under 

19 section 76.66 of the Commission’s regula20 tions (47 C.F.R. 76.66), of each affiliate of 

21 the same television network that the car22 rier reserves the right to retransmit into 

23 that station’s local market during the next 

24 election cycle under such section of such 

25 regulations. 
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1 ‘‘(iii) Beginning with the 2005 elec2 tion cycle, a satellite carrier may only re3 transmit pursuant to this section during 

4 the pertinent election period a signal—

5 ‘‘(I) as to which it has provided 

6 the notifications set forth in clauses 

7 (i) and (ii); or 

8 ‘‘(II) that it was retransmitting 

9 into the local market under this sec10 tion as of the date such notifications 

11 were due. 

12 ‘‘(B) HARMONIZATION OF ELECTIONS AND

13 RETRANSMISSION CONSENT AGREEMENTS.—If a 

14 satellite carrier notifies a television broadcast 

15 station that it reserves the right to retransmit 

16 an affiliate of the same television network dur17 ing the next election cycle pursuant to this sec18 tion, the station may choose between retrans19 mission consent and mandatory carriage for 

20 any portion of the 3-year election cycle that is 

21 not covered by an existing retransmission con22 sent agreement. 

23 ‘‘(i) DEFINITIONS.—As used in this section: 

24 ‘‘(1) LOCAL MARKET; SATELLITE CARRIER; 

25 SUBSCRIBER; TELEVISION BROADCAST STATION.—
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1 The terms ‘local market’, ‘satellite carrier’, ‘sub2 scriber’, and ‘television broadcast station’ have the 

3 meanings given such terms in section 338(k). 

4 ‘‘(2) NETWORK STATION; TELEVISION NET5 WORK.—The terms ‘network station’ and ‘television 

6 network’ have the meanings given such terms in sec7 tion 339(d). 

8 ‘‘(3) BANDWIDTH.—The terms ‘equivalent 

9 bandwidth’ and ‘entire bandwidth’ shall be defined 

10 by the Commission by regulation.’’. 

11 SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE 

12 DISH. 

13 Section 338 of the Communications Act of 1934 (47 

14 U.S.C. 338(d)) is amended—

15 (1) by redesignating subsections (g) and (h) as 

16 subsections (j) and (k), respectively; 

17 (2) by inserting after subsection (f) the fol18 lowing new subsection: 

19 ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE

20 DISH.—

21 ‘‘(1) SINGLE DISH.—Each satellite carrier that 

22 retransmits the signals of local television broadcast 

23 stations in a local market shall retransmit the sig24 nals of all local television broadcast stations retrans25 mitted by that carrier to subscribers in such market 
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1 by means of a single reception antenna and associ2 ated equipment. 

3 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

4 (1), if the carrier retransmits signals in the digital 

5 television service, the carrier shall retransmit the 

6 digital television service signals of all the local tele7 vision broadcast stations retransmitted by that car8 rier to subscribers in such market by means of a sin9 gle reception antenna and associated equipment, but 

10 such antenna and associated equipment may be sep11 arate from the single reception antenna and associ12 ated equipment used for signals that are not in the 

13 digital television service. 

14 ‘‘(3) EFFECTIVE DATE.—The requirements of 

15 paragraphs (1) and (2) of this subsection shall apply 

16 on and after one year after the date of enactment 

17 of the Satellite Home Viewer Extension and Reau18 thorization Act of 2004. 

19 ‘‘(4) NOTICE OF DISRUPTIONS.—A carrier that 

20 is providing signals of a local television broadcast 

21 station in a local market under this section on the 

22 date of enactment of the Satellite Home Viewer Ex23 tension and Reauthorization Act of 2004 shall, not 

24 later than 270 days after such date of enactment, 

25 provide to the licensees for such stations and the
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1 carrier’s subscribers in such local market a notice 

2 that displays prominently and conspicuously a clear 

3 statement of—

4 ‘‘(A) any reallocation of signals between 

5 different reception antennas and associated 

6 equipment that the carrier intends to make in 

7 order to comply with the requirements of this 

8 subsection; 

9 ‘‘(B) the need, if any, for subscribers to 

10 obtain an additional reception antenna and as11 sociated equipment to receive such signals; and 

12 ‘‘(C) any cessation of carriage or other ma13 terial change in the carriage of signals as a con14 sequence of the requirements of this paragraph. 

15 ‘‘(5) ENFORCEMENT.—Notwithstanding any 

16 other provision of this section, the Commission may 

17 enforce this section and any regulation thereunder in 

18 accordance with titles IV and V of this Act.’’. 

19 SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH 

20 LOCAL SIGNALS. 

21 Section 339(a) of the Communications Act of 1934 

22 (47 U.S.C. 339(a)) is amended—

23 (1) by redesignating paragraph (2) as para24 graph (3); and 
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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH

4 LOCAL SIGNALS.—Notwithstanding any other provi5 sion of paragraph (1), the following rules shall apply 

6 after the date of enactment of the Satellite Home 

7 Viewer Extension and Reauthorization Act of 2004: 

8 ‘‘(A) RULES FOR GRANDFATHERED SUB9 SCRIBERS.—In the case of a subscriber of a sat10 ellite carrier who is eligible to receive the signal 

11 of a network station solely by reason of section 

12 119(e) of title 17, United States Code (in this 

13 subparagraph referred to as a ‘distant signal’), 

14 the following shall apply: 

15 ‘‘(i) In a case in which the signal of 

16 a local network station affiliated with the 

17 same television network is made available 

18 pursuant to the statutory license under 

19 section 122 by that satellite carrier to the 

20 subscriber, the carrier may only provide 

21 the secondary transmissions of the distant 

22 signal of such network station to that sub23 scriber—

24 ‘‘(I) if, within 60 days after re25 ceiving the notice of the satellite car-
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1 rier under section 338(h)(1) of the 

2 Communications Act of 1934, the 

3 subscriber elects to retain the distant 

4 signal; but 

5 ‘‘(II) only until such time as the 

6 subscriber elects to receive such local 

7 signal. 

8 ‘‘(ii) Notwithstanding clause (i), the 

9 carrier may not retransmit the distant sig10 nal to any subscriber who is eligible to re11 ceive the signal of a network station solely 

12 by reason of section 119(e) of title 17, 

13 United States Code, unless such carrier, 

14 within 60 days after the date of the enact15 ment of the Satellite Home Viewer Exten16 sion and Reauthorization Act of 2004, sub17 mits to that television network the list and 

18 statement required by section 338(h)(2). 

19 ‘‘(B) RULES FOR OTHER SUBSCRIBERS.—

20 In the case of a subscriber of a satellite carrier 

21 who is eligible to receive the signal of a network 

22 station under the statutory license under sec23 tion 119(a)(2) of title 17, United States Code 

24 (in this subparagraph referred to as a ‘distant 
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1 signal’), other than subscribers to whom sub2 paragraph (A) applies, the following shall apply: 

3 ‘‘(i) In a case in which the signal of 

4 a local network station affiliated with the 

5 same television network is made available 

6 pursuant to the statutory license under 

7 section 122 by that satellite carrier to the 

8 subscriber on the date of the enactment of 

9 the Satellite Home Viewer Extension and 

10 Reauthorization Act of 2004, the carrier 

11 may only provide the secondary trans12 missions of the distant signal of such net13 work station to that subscriber—

14 ‘‘(I)(aa) if, on such date of enact15 ment, the subscriber is receiving such 

16 distant signal and is also receiving 

17 such local signal, and 

18 ‘‘(bb) the subscriber’s satellite 

19 carrier, within 60 days after the date 

20 of the enactment of the Satellite 

21 Home Viewer Extension and Reau22 thorization Act of 2004, submits to 

23 that television network the list and 

24 statement required by section 

25 338(h)(2); or 
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1 ‘‘(II)(aa) if, on such date of en2 actment, the subscriber is receiving 

3 such distant signal and is not receiv4 ing such local signal; but 

5 ‘‘(bb) only until such time as the 

6 subscriber elects to receive such local 

7 signal. 

8 ‘‘(ii) In a case in which the signal of 

9 a local network station affiliated with the 

10 same television network is not made avail11 able pursuant to the statutory license 

12 under section 122 by that satellite carrier 

13 to a subscriber on the date of the enact14 ment of the Satellite Home Viewer Exten15 sion and Reauthorization Act of 2004, the 

16 carrier may only provide the secondary 

17 transmissions of the distant signal of such 

18 network station to that subscriber—

19 ‘‘(I) who is a subscriber of that 

20 satellite carrier on such date of enact21 ment, or 

22 ‘‘(II) who becomes a subscriber 

23 of that satellite carrier after such date 

24 but before the local signal is made 

25 available by the carrier, but only until 
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1 such time as the subscriber elects to 

2 receive the local signal from that sat3 ellite carrier. 

4 ‘‘(C) FUTURE APPLICABILITY.—A satellite 

5 carrier may not provide a distant signal (within 

6 the meaning of subparagraph (A) or (B)) to 

7 any person in a location to which the signal of 

8 a local network station affiliated with the same 

9 television network was made available by that 

10 carrier pursuant to the statutory license under 

11 section 122 of title 17, United States Code, be12 fore the person becomes a subscriber to that 

13 carrier. 

14 ‘‘(D) AUTHORITY TO GRANT STATION-SPE15 CIFIC WAIVERS.—Notwithstanding the provi16 sions of this paragraph, a satellite carrier may 

17 provide the distant signal (within the meaning 

18 of subparagraph (A) or (B)) of any distant net19 work station to any person to whom the signal 

20 of a local network station is available pursuant 

21 to the statutory license under section 122 of 

22 title 17, United States Code, if and to the ex23 tent that such local network station has granted 

24 a waiver from the requirements of this para-
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1 graph to such satellite carrier with respect to 

2 such distant network station. 

3 ‘‘(E) OTHER PROVISIONS NOT AF4 FECTED.—This paragraph shall not affect the 

5 eligibility of a subscriber to receive secondary 

6 transmissions under section 119(a)(3) of title 

7 17, United States Code, or as an unserved 

8 household included under section 119(a)(12) of 

9 such title.’’. 

10 SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NET11 WORKS, AND STATIONS CONCERNING SIGNAL 

12 CARRIAGE. 

13 Section 338 of the Communications Act of 1934 (47 

14 U.S.C. 338) is further amended by inserting after sub15 section (g) (as added by section 203) the following new 

16 subsection: 

17 ‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NET18 WORKS, AND STATIONS CONCERNING SIGNAL CAR19 RIAGE.—

20 ‘‘(1) NOTICES TO AND ELECTIONS BY SUB21 SCRIBERS CONCERNING GRANDFATHERED SIG22 NALS.—Any carrier that provides a distant signal of 

23 a network station to a subscriber pursuant to a stat24 utory license under section 119(a)(4)(A) of title 17, 

25 United States Code, shall—
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1 ‘‘(A) within 60 days after the local signal 

2 of a network station of the same television net3 work is available pursuant to a statutory license 

4 under section 122, or within 60 days after the 

5 date of enactment of the Satellite Home Viewer 

6 Extension and Reauthorization Act of 2004, 

7 whichever is later, send a notice to the sub8 scriber—

9 ‘‘(i) offering to substitute the local 

10 network signal for the duplicating distant 

11 network signal; and 

12 ‘‘(ii) informing the subscriber that, if 

13 the subscriber fails to respond in 60 days, 

14 the subscriber will lose the distant network 

15 signal but will be permitted to subscribe to 

16 the local network signal; and 

17 ‘‘(B) if the subscriber—

18 ‘‘(i) elects to substitute such local net19 work signal within such 60 days, switch 

20 such subscriber to such local network sig21 nal within 10 days after the end of such 

22 60-day period; or 

23 ‘‘(ii) fails to respond within such 60 

24 days, terminate the distant network signal 
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1 within 10 days after the end of such 60-

2 day period. 

3 ‘‘(2) NOTICES TO NETWORKS OF DISTANT SIG4 NAL SUBSCRIBERS.—Within 60 days after the date 

5 of enactment of the Satellite Home Viewer Exten6 sion and Reauthorization Act of 2004, each satellite 

7 carrier that provides a distant signal of a network 

8 station to a subscriber pursuant to a statutory li9 cense under section 119(a)(4)(A) or 119(a)(4)(B)(i) 

10 of title 17, United States Code, shall submit to each 

11 network—

12 ‘‘(A) a list, aggregated by designated mar13 ket area, identifying each subscriber provided 

14 such a signal by—

15 ‘‘(i) name; 

16 ‘‘(ii) address (street or RFD number, 

17 city, state, and zip code); and 

18 ‘‘(iii) the distant network signal or 

19 signals received; and 

20 ‘‘(B) a statement that, to the best of the 

21 carrier’s knowledge and belief after having 

22 made diligent and good faith inquiries, the sub23 scriber is qualified under the existing law to re24 ceive the distant network signal or signals pur25 suant to a statutory license under section 
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1 119(a)(4)(A) or 119(a)(4)(B)(i) of title 17, 

2 United States Code. 

3 ‘‘(3) NOTICE TO STATION LICENSEES OF COM4 MENCEMENT OF LOCAL-INTO-LOCAL SERVICE.—

5 ‘‘(A) NOTICE REQUIRED.—Within 180 

6 days after the date of enactment of the Satellite 

7 Home Viewer Extension and Reauthorization 

8 Act of 2004, the Commission shall revise the 

9 regulations under this section relating to notice 

10 to broadcast station licensees to comply with 

11 the requirements of this paragraph. 

12 ‘‘(B) CONTENTS OF COMMENCEMENT NO13 TICE.—The notice required by such regulations 

14 shall inform each television broadcast station li15 censee within any local market in which a sat16 ellite carrier proposes to commence carriage of 

17 signals of stations from that market, not later 

18 than 60 days prior to the commencement of 

19 such carriage—

20 ‘‘(i) of the carrier’s intention to 

21 launch local-into-local service under this 

22 section in a local market, the identity of 

23 that local market, and the location of the 

24 carrier’s proposed local receive facility for 

25 that local market;
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•HR 4501 RH 

1 ‘‘(ii) of the right of such licensee to 

2 elect carriage under this section or grant 

3 retransmission consent under section 

4 325(b); 

5 ‘‘(iii) that such licensee has 30 days 

6 from the date of the receipt of such notice 

7 to make such election; and 

8 ‘‘(iv) that failure to make such elec9 tion will result in the loss of the right to 

10 demand carriage under this section for the 

11 remainder of the 3-year cycle of carriage 

12 under section 325. 

13 ‘‘(C) TRANSMISSION OF NOTICES.—Such 

14 regulations shall require that each satellite car15 rier shall transmit the notices required by such 

16 regulation via certified mail to the address for 

17 such television station licensee listed in the con18 solidated database system maintained by the 

19 Commission. 

20 ‘‘(4) NOTICES CONCERNING SIGNIFICANTLY

21 VIEWED STATIONS.—Each satellite carrier that pro22 poses to commence the retransmission of a station 

23 pursuant to section 340 in any local market shall—

24 ‘‘(A) not less than 60 days before com25 mencing such retransmission, provide a written 
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1 notice to any television broadcast station in 

2 such local market of a such proposal; and 

3 ‘‘(B) designate on such carrier’s website all 

4 significantly viewed signals carried pursuant to 

5 section 340 and the communities in which the 

6 signals are carried.’’. 

7 SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS. 

8 (a) AMENDMENT.—Section 338 of the Communica9 tions Act of 1934 (47 U.S.C. 338) is further amended by 

10 inserting after subsection (h) (as added by section 205) 

11 the following new subsection: 

12 ‘‘(i) PRIVACY RIGHTS OF SATELLITE SUB13 SCRIBERS.—

14 ‘‘(1) NOTICE.—At the time of entering into an 

15 agreement to provide any satellite service or other 

16 service to a subscriber and at least once a year 

17 thereafter, a satellite carrier shall provide notice in 

18 the form of a separate, written statement to such 

19 subscriber which clearly and conspicuously informs 

20 the subscriber of—

21 ‘‘(A) the nature of personally identifiable 

22 information collected or to be collected with re23 spect to the subscriber and the nature of the 

24 use of such information; 
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•HR 4501 RH 

1 ‘‘(B) the nature, frequency, and purpose of 

2 any disclosure which may be made of such in3 formation, including an identification of the 

4 types of persons to whom the disclosure may be 

5 made; 

6 ‘‘(C) the period during which such infor7 mation will be maintained by the satellite car8 rier; 

9 ‘‘(D) the times and place at which the sub10 scriber may have access to such information in 

11 accordance with paragraph (5); and 

12 ‘‘(E) the limitations provided by this sec13 tion with respect to the collection and disclosure 

14 of information by a satellite carrier and the 

15 right of the subscriber under paragraphs (7) 

16 and (9) to enforce such limitations. 

17 In the case of subscribers who have entered into 

18 such an agreement before the effective date of this 

19 subsection, such notice shall be provided within 180 

20 days of such date and at least once a year there21 after. 

22 ‘‘(2) DEFINITIONS.—For purposes of this sub23 section, other than paragraph (9)—

24 ‘‘(A) the term ‘personally identifiable infor25 mation’ does not include any record of aggre-
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1 gate data which does not identify particular 

2 persons; 

3 ‘‘(B) the term ‘other service’ includes any 

4 wire or radio communications service provided 

5 using any of the facilities of a satellite carrier 

6 that are used in the provision of satellite serv7 ice; and 

8 ‘‘(C) the term ‘satellite carrier’ includes, in 

9 addition to persons within the definition of sat10 ellite carrier, any person who—

11 ‘‘(i) is owned or controlled by, or 

12 under common ownership or control with, 

13 a satellite carrier; and 

14 ‘‘(ii) provides any wire or radio com15 munications service. 

16 ‘‘(3) PROHIBITIONS.—

17 ‘‘(A) CONSENT TO COLLECTION.—Except 

18 as provided in subparagraph (B), a satellite 

19 carrier shall not use any facilities used by the 

20 satellite carrier to collect programming selection 

21 or subscription information from such a sub22 scriber to collect personally identifiable informa23 tion concerning any subscriber without the prior 

24 written or electronic consent of the subscriber 

25 concerned. 
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1 ‘‘(B) EXCEPTIONS.—A satellite carrier 

2 may use such facilities to collect such informa3 tion in order to—

4 ‘‘(i) obtain information necessary to 

5 render a satellite service or other service 

6 provided by the satellite carrier to the sub7 scriber; or 

8 ‘‘(ii) detect unauthorized reception of 

9 satellite communications. 

10 ‘‘(4) DISCLOSURE.—

11 ‘‘(A) CONSENT TO DISCLOSURE.—Except 

12 as provided in subparagraph (B), a satellite 

13 carrier shall not disclose personally identifiable 

14 information concerning any subscriber without 

15 the prior written or electronic consent of the 

16 subscriber concerned and shall take such ac17 tions as are necessary to prevent unauthorized 

18 access to such information by a person other 

19 than the subscriber or satellite carrier. 

20 ‘‘(B) EXCEPTIONS.—A satellite carrier 

21 may disclose such information if the disclosure 

22 is—

23 ‘‘(i) necessary to render, or conduct a 

24 legitimate business activity related to, a
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•HR 4501 RH 

1 satellite service or other service provided 

2 by the satellite carrier to the subscriber; 

3 ‘‘(ii) subject to paragraph (9), made 

4 pursuant to a court order authorizing such 

5 disclosure, if the subscriber is notified of 

6 such order by the person to whom the 

7 order is directed; 

8 ‘‘(iii) a disclosure of the names and 

9 addresses of subscribers to any satellite 

10 service or other service, if—

11 ‘‘(I) the satellite carrier has pro12 vided the subscriber the opportunity 

13 to prohibit or limit such disclosure; 

14 and 

15 ‘‘(II) the disclosure does not re16 veal, directly or indirectly, the—

17 ‘‘(aa) extent of any viewing 

18 or other use by the subscriber of 

19 a satellite service or other service 

20 provided by the satellite carrier; 

21 or 

22 ‘‘(bb) the nature of any 

23 transaction made by the sub24 scriber over any facilities used by 

25 the satellite carrier to collect pro-
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•HR 4501 RH 

1 gramming selection or subscrip2 tion information from such a 

3 subscriber; or 

4 ‘‘(iv) to a government entity as au5 thorized under chapters 119, 121, or 206 

6 of title 18, United States Code, except that 

7 such disclosure shall not include records 

8 revealing satellite subscriber selection of 

9 video programming from a satellite carrier. 

10 ‘‘(5) ACCESS BY SUBSCRIBER.—A satellite sub11 scriber shall be provided access to all personally 

12 identifiable information regarding that subscriber 

13 which is collected and maintained by a satellite car14 rier. Such information shall be made available to the 

15 subscriber at reasonable times and at a convenient 

16 place designated by such satellite carrier. A satellite 

17 subscriber shall be provided reasonable opportunity 

18 to correct any error in such information. 

19 ‘‘(6) DESTRUCTION OF INFORMATION.—A sat20 ellite carrier shall destroy personally identifiable in21 formation if the information is no longer necessary 

22 for the purpose for which it was collected and there 

23 are no pending requests or orders for access to such 

24 information under paragraph (5) or pursuant to a 

25 court order. 
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1 ‘‘(7) PENALTIES.—Any person aggrieved by 

2 any act of a satellite carrier in violation of this sec3 tion may bring a civil action in a United States dis4 trict court. The court may award—

5 ‘‘(A) actual damages but not less than liq6 uidated damages computed at the rate of $100 

7 a day for each day of violation or $1,000, 

8 whichever is higher; 

9 ‘‘(B) punitive damages; and 

10 ‘‘(C) reasonable attorneys’ fees and other 

11 litigation costs reasonably incurred. 

12 The remedy provided by this subsection shall be in 

13 addition to any other lawful remedy available to a 

14 satellite subscriber. 

15 ‘‘(8) RULE OF CONSTRUCTION.—Nothing in 

16 this title shall be construed to prohibit any State 

17 from enacting or enforcing laws consistent with this 

18 section for the protection of subscriber privacy. 

19 ‘‘(9) COURT ORDERS.—Except as provided in 

20 paragraph (4)(B)(iv), a governmental entity may ob21 tain personally identifiable information concerning a 

22 satellite subscriber pursuant to a court order only if, 

23 in the court proceeding relevant to such court 

24 order—
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1 ‘‘(A) such entity offers clear and con2 vincing evidence that the subject of the infor3 mation is reasonably suspected of engaging in 

4 criminal activity and that the information 

5 sought would be material evidence in the case; 

6 and 

7 ‘‘(B) the subject of the information is af8 forded the opportunity to appear and contest 

9 such entity’s claim.’’. 

10 (b) EFFECTIVE DATE.—Section 338(i) of the Com11 munications Act of 1934 (47 U.S.C. 338(i)) as amended 

12 by subsection (a) of this section shall be effective 60 days 

13 after the date of enactment of this Act. 

14 SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS. 

15 (a) AMENDMENTS.—Section 325(b)(3)(C) of the 

16 Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is 

17 amended—

18 (1) by striking ‘‘Within 45 days’’ and all that 

19 follows through ‘‘1999, the’’ and inserting ‘‘The’’; 

20 (2) by striking the second sentence; 

21 (3) by striking ‘‘and’’ at the end of clause (i); 

22 (4) in clause (ii)—

23 (A) by striking ‘‘January 1, 2006’’ and in24 serting ‘‘January 1, 2010’’; and
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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (5) by adding at the end the following new 

4 clauses: 

5 ‘‘(iii) until January 1, 2010, prohibit 

6 a multichannel video programming dis7 tributor from failing to negotiate in good 

8 faith for retransmission consent under this 

9 section, and it shall not be a failure to ne10 gotiate in good faith if the distributor en11 ters into retransmission consent agree12 ments containing different terms and con13 ditions, including price terms, with dif14 ferent broadcast stations if such different 

15 terms and conditions are based on com16 petitive marketplace considerations.’’. 

17 (b) DEADLINE.—The Federal Communications Com18 mission shall prescribe regulations to implement the 

19 amendments made by subsection (a)(5) within 180 days 

20 after the date of enactment of this Act. 

21 SEC. 208. UNSERVED DIGITAL CUSTOMERS. 

22 (a) INQUIRY REQUIRED.—Consistent with the digital 

23 television service rules of Federal Communications Com24 mission in effect on the date of enactment of this Act, 

25 and the propagation prediction models derived from Bul-
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•HR 4501 RH 

1 letin No. 69 of the Commission’s Office of Engineering 

2 and Technology, the Commission shall initiate an inquiry 

3 to recommend the appropriate methodologies for deter4 mining which consumers are in locations where the con5 sumer will be unable, on and after the date on which ana6 log television services are discontinued pursuant to the 

7 provisions of section 309(j)(14) of the Communications 

8 Act of 1934 (47 U.S.C. 309(j)(14)), to receive broadcast 

9 digital television service signals that are transmitted from 

10 a station’s permanent digital television channel that are 

11 of sufficient intensity to be able to receive and display dig12 ital television service using receiving terrestrial outdoor 

13 antennas of reasonable cost and ease of installation. Such 

14 methodologies shall be based on the current field strength 

15 requirements for digital television stations in section 

16 73.622(e)(1) of the Commission’s regulations (47 C.F.R. 

17 622(e)(1)). 

18 (b) REPORT REQUIRED.—The Federal Communica19 tions Commission shall submit a report on the results of 

20 the inquiry required by subsection (a) to the Committee 

21 on Energy and Commerce of the House of Representatives 

22 and the Committee on Commerce, Science, and Transpor23 tation of the Senate not later than December 31, 2005. 

24 Such report shall include—
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1 (1) a proposal, using the best engineering prac2 tices for the broadcast television industry, for a pre3 dictive methodology for determining both which con4 sumers—

5 (A) receive a digital signal of sufficient in6 tensity to be able to receive and display digital 

7 television service using receiving terrestrial out8 door antennas of reasonable cost and ease of in9 stallation; or 

10 (B) will receive such a signal after a local 

11 station begins transmitting on its permanent 

12 digital television channel; 

13 (2) an analysis of whether it is possible to iden14 tify the areas of the country within which consumers 

15 will not, on and after the date on which analog tele16 vision services are discontinued pursuant to the pro17 visions of section 309(j)(14) of the Communications 

18 Act of 1934 (47 U.S.C. 309(j)(14)), be able to re19 ceive a digital television signal of sufficient intensity 

20 to be able to receive and display digital television 

21 service using receiving terrestrial outdoor antennas 

22 of reasonable cost and ease of installation; and 

23 (3) if possible, an identification, on a county-by24 county or more localized basis, of such areas for 

25 each television network. 
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1 SEC. 209. REDUCTION OF REQUIRED TESTS. 

2 Section 339(c)(4) of the Communications Act of 1934 

3 (47 U.S.C. 339(c)(4)) is amended by inserting after sub4 paragraph (C) the following new subparagraphs: 

5 ‘‘(D) REDUCTION OF VERIFICATION BUR6 DENS.—Within one year after the date of enact7 ment of the Satellite Home Viewer Extension 

8 and Reauthorization Act of 2004, the Commis9 sion shall by rule exempt from the verification 

10 requirements of subparagraph (A) any request 

11 for a test made by a subscriber to a satellite 

12 carrier—

13 ‘‘(i) to whom the retransmission of 

14 the signals of local broadcast stations is 

15 available under section 122 of title 17, 

16 United States Code, from such carrier; or 

17 ‘‘(ii) for whom the predictive model 

18 required by paragraph (3) predicts a signal 

19 intensity that exceeds the signal intensity 

20 standard in effect under section 

21 119(d)(11)(A) of such title by such num22 ber of decibels as the Commission specifies 

23 in such rule. 

24 ‘‘(E) EXCEPTION.—Notwithstanding any 

25 provision of this Act, this section does not pro26 hibit a subscriber who is predicted to receive a 
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1 signal that meets or exceeds such signal inten2 sity standard from conducting a signal strength 

3 test at the subscriber’s own expense for the 

4 purpose of determining their eligibility for dis5 tant signals under this section.’’. 

6 SEC. 210. CARRIAGE OF CERTAIN ADDITIONAL STATIONS. 

7 Section 340 of the Communications Act of 1934, as 

8 added by section 202(a) of this Act, is amended by insert9 ing at the end of subsection (c) the following new para10 graph: 

11 ‘‘(3) CARRIAGE OF CERTAIN ADDITIONAL STA12 TIONS.—

13 ‘‘(A) ADDITIONAL STATIONS AUTHOR14 IZED.—In addition to the signals that are eligi15 ble to be carried under subsection (a) and para16 graph (2) of this subsection, a satellite carrier 

17 is also authorized to retransmit to subscribers 

18 in no more than two counties in a State that 

19 are in a local market principally comprised of 

20 counties in another State, the signals of any tel21 evision station located in the capital city of the 

22 State in which such counties are located, if the 

23 total number of television households in the two 

24 counties combined did not exceed 10,000 for 
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1 the year 2003 according to Nielson Media Re2 search. 

3 ‘‘(B) TREATMENT AS SIGNIFICANTLY

4 VIEWED; LIMITATIONS.—Such signals shall be 

5 deemed, solely for purposes of this section, to 

6 be significantly viewed in such two counties. In 

7 total, a satellite carrier that carries one or more 

8 additional signals under this paragraph may re9 transmit no more than four television broadcast 

10 stations in such counties pursuant to this para11 graph. All rules applicable to carriage of sta12 tions pursuant to subsection (a) or paragraph 

13 (2) of this subsection shall apply to carriage of 

14 stations pursuant to this paragraph.’’.

Union Calendar No. 379

108TH CONGRESS 

2D SESSION H. R. 4501

[Report No. 108–634] 

A BILL

To extend the statutory license for secondary transand for other purposes. Act of 1934 with respect to such transmissions, States Code, and to amend the Communications missions under section 119 of title 17, United 

JULY 22, 2004

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed