I 

108TH CONGRESS 

2D SESSION H. R. 4501 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Satellite Home Viewer Extension and Reauthorization 

6 Act of 2004’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 
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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. 

1 TITLE II—FEDERAL COMMU2 NICATIONS COMMISSION OP3 ERATIONS 

4 SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EX5 EMPTION. 

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

7 1934 (47 U.S.C. 325(b)(2)(C)) is amended by striking 

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

9 2009’’. 

10 SEC. 202. CABLE/SATELLITE COMPARABILITY. 

11 (a) AMENDMENT.—Part I of title III of the Commu12 nications Act of 1934 is amended by inserting after sec13 tion 339 (47 U.S.C. 339) the following new section: 

14 ‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED 

15 TO BE CARRIED. 

16 ‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addi17 tion to the broadcast signals that subscribers may receive 

18 under section 338 and 339, a satellite carrier is also au19 thorized to retransmit to subscribers located in a commu-
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1 nity the signal of any station that a cable system in the 

2 same community is authorized to retransmit pursuant to 

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

4 is treated as significantly viewed in the county within 

5 which such community is located in accordance with the 

6 rules, regulations, and authorizations of the Commission. 

7 ‘‘(b) LIMITATIONS.— 

8 ‘‘(1) ANALOG SERVICE LIMITED TO SUB9 SCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE.— 

10 With respect to a signal that originates as an analog 

11 signal of a television broadcast station, this section 

12 shall apply only to retransmissions to subscribers 

13 who receive retransmissions from a satellite carrier 

14 pursuant to the statutory license under section 122 

15 of title 17, United States Code. 

16 ‘‘(2) DIGITAL SERVICE LIMITATIONS.—With re17 spect to a signal that originates as a digital signal 

18 of a network station, this section shall apply only 

19 if— 

20 ‘‘(A) the subscriber receives from the sat21 ellite carrier pursuant to the statutory license 

22 under section 122 of title 17, United States 

23 Code, the retransmission of the digital signal of 

24 a network station in the subscriber’s local mar-
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1 ket that is affiliated with the same television 

2 network; and 

3 ‘‘(B) either— 

4 ‘‘(i) the retransmission of the local 

5 network station occupies at least the equiv6 alent bandwidth as the digital signal re7 transmitted pursuant to this section; or 

8 ‘‘(ii) the retransmission of the local 

9 network station carries the entire band10 width of the digital signal broadcast by 

11 such local network station. 

12 ‘‘(3) LIMITATION NOT APPLICABLE WHERE NO

13 NETWORK AFFILIATES.—The limitations in para14 graphs (1) and (2) shall not prohibit a retrans15 mission under this section to a subscriber located in 

16 a local market in which there are no network sta17 tions affiliated with the same television network as 

18 the station whose signal is being retransmitted pur19 suant to this section. 

20 ‘‘(4) AUTHORITY TO GRANT STATION-SPECIFIC

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

22 a satellite carrier may provide to subscribers the re23 transmission of a network station that is determined 

24 to be significantly viewed under this section, if and 

25 to the extent that the network station in the local 
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1 market in which the subscriber is located, and that 

2 is affiliated with the same television network, has 

3 granted a waiver from the requirements of para4 graph (1) and (2) to such satellite carrier with re5 spect to such significantly viewed station. 

6 ‘‘(c) MODIFICATIONS OF LIST.— 

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

8 In addition to cable operators and television broad9 cast station licensees, the Commission shall permit a 

10 satellite carrier to petition for decisions and or11 ders— 

12 ‘‘(A) by which stations and communities 

13 may be added to those that are eligible for re14 transmission under subsection (a); and 

15 ‘‘(B) by which stations and communities 

16 may be determined to be eligible for retrans17 mission under paragraph (2) of this subsection. 

18 ‘‘(2) APPLICATION OF CRITERIA TO COMMU19 NITIES WITHOUT CABLE SERVICE.—In addition to 

20 the stations and communities that are eligible for re21 transmission under subsection (a), in a community 

22 that is not served by a cable system, a satellite car23 rier is also authorized to retransmit to subscribers 

24 located in such community the signal of any station 

25 that a cable system in that community would be au-
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1 thorized to retransmit pursuant to section 111 of 

2 title 17, United States Code, if such signal would be 

3 treated as significantly viewed in the county within 

4 which such community is located in accordance with 

5 the rules, regulations, and authorizations of the 

6 Commission. 

7 ‘‘(d) EFFECT ON OTHER OBLIGATIONS AND

8 RIGHTS.— 

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

10 Carriage of a signal under this section is not manda11 tory, and any right of a station licensee to have the 

12 signal of such station carried under section 338 is 

13 not affected by the eligibility of such station to be 

14 carried under this section. 

15 ‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT

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

17 to be carried under this section does not affect the 

18 right of the licensee of such station to grant (or 

19 withhold) retransmission consent under section 

20 325(b)(1). 

21 ‘‘(e) NETWORK NONDUPLICATION AND SYNDICATED

22 EXCLUSIVITY.— 

23 ‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED

24 BY COMMISSION REGULATIONS.—Signals eligible to 

25 be carried under this section are not subject to the 
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1 Commission’s regulations concerning network non2 duplication or syndicated exclusivity unless, pursu3 ant to regulations adopted by the Commission, the 

4 Commission determines to permit network non5 duplication or syndicated exclusivity to apply within 

6 the appropriate zone of protection. 

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

8 or Commission regulations shall permit the applica9 tion of network nonduplication or syndicated exclu10 sivity regulations to the retransmission of distant 

11 signals of network stations that are carried by a sat12 ellite carrier pursuant to a statutory license under 

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

14 who reside in unserved households, under 

15 119(a)(4)(A), or under section 119(a)(12). 

16 ‘‘(f) ENFORCEMENT PROCEEDINGS.— 

17 ‘‘(1) NOTICE BY TELEVISION BROADCAST STA18 TIONS.—If a television broadcast station believes 

19 that a satellite carrier has retransmitted to any sub20 scriber in the local market of such station the signal 

21 of another television broadcast station affiliated with 

22 the same television network in violation of this sec23 tion, the station may provide the satellite carrier 

24 with written notice of such violation. Such notice 

25 shall be provided via overnight delivery, addressed to 
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1 the chief executive officer of the satellite carrier at 

2 its principal place of business and marked ‘UR3 GENT LITIGATION MATTER’ on the outer pack4 aging. Such notification shall set forth— 

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

6 the station that is claimed to have been unlaw7 fully retransmitted (for purposes of this sub8 section, the ‘imported station’); 

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

10 carrier; 

11 ‘‘(C) the dates on which the alleged re12 transmission occurred; 

13 ‘‘(D) the street address of at least one per14 son to whom the alleged retransmission was 

15 made; 

16 ‘‘(E) a statement that the retransmission 

17 was not permitted because— 

18 ‘‘(i) the Commission had not deter19 mined that the imported station is signifi20 cantly viewed in the relevant community; 

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

22 the retransmission of the signal because of 

23 the limitation in subsection (b) (1) or (2); 
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1 ‘‘(iii) the satellite carrier had not pro2 vided the notification required by sub3 section (h)(3); or 

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

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

6 the station. 

7 ‘‘(2) COMPLAINTS BY TELEVISION BROADCAST

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

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

10 the satellite carrier has not cured the alleged re11 transmission in violation of this section, or if the 

12 satellite carrier cures the alleged violation after no13 tice and then renews such violation within the next 

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

15 Commission. Such complaint shall set forth the in16 formation provided in a notice under paragraph (1). 

17 ‘‘(3) SERVICE OF COMPLAINTS ON SATELLITE

18 CARRIERS.—For purposes of any proceeding under 

19 this subsection, any satellite carrier that retransmits 

20 the signal of any broadcast station shall be deemed 

21 to designate the Secretary of the Commission as its 

22 agent for service of process. A television broadcast 

23 station may serve a satellite carrier with a complaint 

24 concerning an alleged violation of this section 

25 through retransmission of a station within the local 
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1 market of such station by filing the original and two 

2 copies of the complaint with the Secretary of the 

3 Commission and serving a copy of the complaint on 

4 the satellite carrier by means of two commonly used 

5 overnight delivery services, each addressed to the 

6 chief executive officer of the satellite carrier at its 

7 principal place of business, and each marked ‘UR8 GENT LITIGATION MATTER’ on the outer pack9 aging. Service shall be deemed complete one business 

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

11 delivery services for overnight delivery. On receipt of 

12 a complaint filed by a television broadcast station 

13 under this subsection, the Secretary of the Commis14 sion shall send the original complaint by United 

15 States mail, postage prepaid, receipt requested, ad16 dressed to the chief executive officer of the satellite 

17 carrier at its principal place of business. 

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

19 Within 20 business days after the date of service, 

20 the satellite carrier shall file an answer with the 

21 Commission and shall serve the answer by a com22 monly used overnight delivery service and by United 

23 States mail, on the counsel designated in the com24 plaint at the address listed for such counsel in the 

25 complaint. The answer shall include, as a schedule, 
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1 a complete and accurate list of all subscribers to 

2 which the satellite carrier retransmitted the im3 ported station into the community in question pursu4 ant to this section for each month during the rel5 evant time period. Such subscriber information sub6 mitted by a satellite carrier may be used only for 

7 purposes of determining compliance by the satellite 

8 carrier with this section. 

9 ‘‘(5) DEFENSES.— 

10 ‘‘(A) EXCLUSIVE DEFENSES.—The de11 fenses under this paragraph are the exclusive 

12 defenses available to a satellite carrier against 

13 which a complaint under this subsection is filed. 

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

15 to under subparagraph (A) are the defenses— 

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

17 retransmit the imported station to any per18 son in the complaining station’s local mar19 ket pursuant to this section during the 

20 time period specified in the complaint; 

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

23 because the Commission had not deter24 mined that the station is significantly 

25 viewed in the relevant community, that the 
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1 Commission had in fact made that deter2 mination; 

3 ‘‘(iii) with respect to particular sub4 scribers referenced in the complaint, that 

5 those subscribers reside in communities in 

6 which the Commission has determined the 

7 station to be significantly viewed; 

8 ‘‘(iv) if the complaining station has al9 leged that the retransmission is unlawful 

10 because the subscriber is ineligible for the 

11 retransmission because of the limitation in 

12 subsection (b) (1) or (2), that such limita13 tion is inapplicable; and 

14 ‘‘(v) if the complaining station has al15 leged that the retransmission was unlawful 

16 because the satellite carrier had not pro17 vided the notification required by sub18 section (h)(3), that the satellite carrier had 

19 in fact provided that notification. 

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

21 retransmission of a particular television broadcast 

22 station on a particular day subsequent to the notice 

23 and opportunity to cure described in paragraphs (1) 

24 and (2) of this subsection to a single subscriber pur-
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1 suant to this section shall be considered a separate 

2 violation of this section. 

3 ‘‘(7) PROCEDURES.— 

4 ‘‘(A) REGULATIONS.—Within 60 days 

5 after the date of enactment, the Commission 

6 shall issue procedural regulations implementing 

7 this subsection which shall supersede proce8 dures under section 312. 

9 ‘‘(B) DETERMINATIONS.— 

10 ‘‘(i) IN GENERAL.—Within 45 days 

11 after the filing of a complaint, the Com12 mission shall issue a final determination in 

13 any proceeding brought under this sub14 section, unless the Commission issues an 

15 interim determination in writing that there 

16 has been a genuine, reasonable, good faith 

17 dispute about the applicability of one of 

18 the defenses set forth in paragraph (5), in 

19 which case the Commission shall have 135 

20 additional days to issue a final determina21 tion. The Commission shall hear witnesses 

22 only if it clearly appears, based on written 

23 filings by the parties, that there is a gen24 uine dispute about material facts. Except 

25 as provided in the preceding sentence, the 
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1 Commission may issue a final ruling based 

2 on written filings by the parties. 

3 ‘‘(ii) DISCOVERY.—The Commission 

4 may direct the parties to exchange perti5 nent documents, and if necessary to take 

6 prehearing depositions, on such schedule as 

7 the Commission may approve, but only if 

8 the Commission first determines that such 

9 discovery is necessary to resolve a genuine 

10 dispute about material facts, consistent 

11 with the obligation to make a final deter12 mination within 45 days (or 180 days, as 

13 appropriate). 

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

15 that a satellite carrier has retransmitted the im16 ported stations to at least one person in the com17 plaining station’s local market based on this section 

18 and has failed to meet its burden of proving one of 

19 the defenses under paragraph (5) with respect to 

20 such retransmission, the Commission shall be re21 quired to— 

22 ‘‘(A) make a finding that the satellite car23 rier violated this section with respect to that 

24 station; and 

25 ‘‘(B) issue an order containing— 
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1 ‘‘(i) a cease-and-desist order directing 

2 the satellite carrier immediately to stop 

3 making any further retransmissions in vio4 lation of this section; 

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

6 violation, which may be waived by the 

7 Commission only if the Commission deter8 mines that there was a genuine, reason9 able, good faith dispute about the applica10 bility of one of the defenses set forth in 

11 paragraph (5); and 

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

13 complainant’s costs and reasonable attorney’s 

14 fees. 

15 ‘‘(9) COURT PROCEEDINGS ON ENFORCEMENT

16 OF COMMISSION ORDER.— 

17 ‘‘(A) IN GENERAL.—On entry by the Com18 mission of a final order granting relief under 

19 this subsection— 

20 ‘‘(i) a television broadcast station may 

21 apply within 30 days after such entry to 

22 the United States District Court for the 

23 District of Columbia for a final judgment 

24 enforcing all relief granted by the Commis25 sion; and 
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1 ‘‘(ii) the satellite carrier may apply 

2 within 30 days after such entry to the 

3 United States District Court for the Dis4 trict of Columbia for a judgment reversing 

5 the Commission’s order. 

6 ‘‘(B) APPEAL.— 

7 ‘‘(i) For cases in which the Commis8 sion has not determined that there has 

9 been a genuine, reasonable, good faith dis10 pute about the applicability of one of the 

11 defenses set forth in paragraph (5), the 

12 procedure for an appeal under this sub13 paragraph by the satellite carrier shall su14 persede any other appeal rights under Fed15 eral or State law. The United States Dis16 trict Court for the District of Columbia 

17 may find personal jurisdiction based on the 

18 satellite carrier’s ownership of licenses 

19 issued by the Commission. An application 

20 by a television broadcast station for an 

21 order enforcing any cease-and-desist relief 

22 granted by the Commission shall be re23 solved on a highly expedited schedule. No 

24 discovery may be conducted by the parties 

25 in any such proceeding. The district court 
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1 shall enforce the Commission order unless 

2 the Commission record reflects manifest 

3 error and an abuse of discretion by the 

4 Commission. 

5 ‘‘(ii) For cases in which the Commis6 sion has determined that there has been 

7 genuine, reasonable, good faith dispute 

8 about the applicability of one of the de9 fenses set forth in paragraph (5), the ap10 peals process set forth in section 402 shall 

11 apply, with the following caveats: 

12 ‘‘(I) If the Commission has found 

13 the retransmissions in question to be 

14 in violation of this section, the sat15 ellite carrier must cease such retrans16 missions during the pendency of any 

17 appeal. Any such retransmissions 

18 after the date of the Commission’s 

19 order but prior to any order over20 turning the Commission on appeal 

21 shall be considered violations under 

22 paragraph (6). 

23 ‘‘(II) If the Commission has 

24 found the retransmissions in question 

25 to be not in violation of this section, 
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1 the satellite carrier may continue such 

2 retransmissions during the pendency 

3 of the appeal. Any such retrans4 missions after the date of the Com5 mission’s order but prior to any order 

6 overturning the Commission on appeal 

7 shall not be considered violations 

8 under paragraph (6). 

9 ‘‘(g) RULEMAKING.— 

10 ‘‘(1) REQUIREMENTS.—The Commission 

11 shall— 

12 ‘‘(A) commence a rulemaking proceeding 

13 to implement this section by publication of a 

14 notice of proposed rulemaking within 180 days 

15 after the date of enactment of the Satellite 

16 Home Viewer Extension and Reauthorization 

17 Act of 2004; 

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

19 stations or communities eligible for carriage 

20 under subsection (a); and 

21 ‘‘(C) adopt rules pursuant to such rule22 making within one year after such date of en23 actment. 

24 ‘‘(2) INTERIM ELIGIBILITY.—Stations and com25 munities listed as eligible for carriage in the notice 
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1 of proposed rulemaking issued by the Commission 

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

3 carriage under this section on an interim basis pend4 ing adoption of such rules and publication of the list 

5 of eligible stations and communities under such 

6 rules. 

7 ‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN

8 REGULATIONS.— 

9 ‘‘(1) COMMUNITY-BY-COMMUNITY ELEC10 TIONS.—The Commission shall, no later than April 

11 30, 2005, revise section 76.66 of its regulations (47 

12 CFR 76.66), concerning satellite broadcast signal 

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

14 under section 325) a television broadcast station 

15 that is located in a local market into which a sat16 ellite carrier retransmits a television broadcast sta17 tion on the basis of a statutory license under section 

18 122 of title 17, United States Code, to elect, with 

19 respect to such satellite carrier, between retrans20 mission consent pursuant to such section 325 and 

21 mandatory carriage pursuant to section 338 sepa22 rately for each county within such station’s local 

23 market, if— 

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

25 station, pursuant to paragraph (3), that it in-
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1 tends to carry another affiliate of the same net2 work pursuant to this section during the rel3 evant election period in the station’s local mar4 ket; or 

5 ‘‘(B) on the date notification under para6 graph (3) was due, the satellite carrier was re7 transmitting into the station’s local market pur8 suant to this section an affiliate of the same tel9 evision network. 

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

11 regulations as required by paragraph (1), the Com12 mission shall provide that any such station shall con13 duct a single negotiation for the entire portion of its 

14 local market for which retransmission consent is 

15 elected. 

16 ‘‘(3) ADDITIONAL PROVISIONS.—The Commis17 sion shall, no later than April 30, 2005, revise its 

18 regulations to provide the following: 

19 ‘‘(A) NOTIFICATIONS BY SATELLITE CAR20 RIER.—A satellite carrier’s retransmission of 

21 television broadcast stations pursuant to this 

22 section shall be subject to the following limita23 tions: 

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

25 satellite carrier provides service on the 
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1 basis of a statutory license under section 

2 122 of title 17, United States Code, on the 

3 date of enactment of the Satellite Home 

4 Viewer Extension and Reauthorization Act 

5 of 2004, the carrier may notify a television 

6 broadcast station in that market, at least 

7 60 days prior to any date on which the 

8 station must thereafter make an election 

9 under section 76.66 of the Commission’s 

10 regulations (47 CFR 76.66), of— 

11 ‘‘(I) each affiliate of the same 

12 television network that the carrier re13 serves the right to retransmit into 

14 that station’s local market pursuant 

15 to this section during the next election 

16 cycle under such section of such regu17 lations; and 

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

19 communities into which the satellite 

20 carrier reserves the right to make 

21 such retransmissions. 

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

23 satellite carrier commences service on the 

24 basis of a statutory license under section 

25 122 of title 17, United States Code, after 
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1 the date of enactment of the Satellite 

2 Home Viewer Extension and Reauthoriza3 tion Act of 2004, the carrier may notify a 

4 station in that market, at least 60 days 

5 prior to the introduction of such service in 

6 that market, and thereafter at least 60 

7 days prior to any date on which the station 

8 must thereafter make an election under 

9 section 76.66 of the Commission’s regula10 tions (47 CFR 76.66), of each affiliate of 

11 the same television network that the car12 rier reserves the right to retransmit into 

13 that station’s local market during the next 

14 election cycle under such section of such 

15 regulations. 

16 ‘‘(iii) Beginning with the 2005 elec17 tion cycle, a satellite carrier may only re18 transmit pursuant to this section during 

19 the pertinent election period a signal— 

20 ‘‘(I) as to which it has provided 

21 the notifications set forth in clauses 

22 (i) and (ii); or 

23 ‘‘(II) that it was retransmitting 

24 into the local market under this sec-
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1 tion as of the date such notifications 

2 were due. 

3 ‘‘(B) HARMONIZATION OF ELECTIONS AND

4 RETRANSMISSION CONSENT AGREEMENTS.—If a 

5 satellite carrier notifies a television broadcast 

6 station that it reserves the right to retransmit 

7 an affiliate of the same television network dur8 ing the next election cycle pursuant to this sec9 tion, the station may choose between retrans10 mission consent and mandatory carriage for 

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

12 not covered by an existing retransmission con13 sent agreement. 

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

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

16 SUBSCRIBER; TELEVISION BROADCAST STATION.— 

17 The terms ‘local market’, ‘satellite carrier’, ‘sub18 scriber’, and ‘television broadcast station’ have the 

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

20 ‘‘(2) NETWORK STATION; TELEVISION NET21 WORK.—The terms ‘network station’ and ‘television 

22 network’ have the meanings given such terms in sec23 tion 339(d). 
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1 ‘‘(3) BANDWIDTH.—The terms ‘equivalent 

2 bandwidth’ and ‘entire bandwidth’ shall be defined 

3 by the Commission by regulation.’’. 

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

5 DISH. 

6 Section 338 of the Communications Act of 1934 (47 

7 U.S.C. 338(d)) is amended— 

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

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

10 (2) by inserting after subsection (f) the fol11 lowing new subsection: 

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

13 DISH.— 

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

15 retransmits the signals of local television broadcast 

16 stations in a local market shall retransmit the sig17 nals of all local television broadcast stations retrans18 mitted by that carrier to subscribers in such market 

19 by means of a single reception antenna and associ20 ated equipment. 

21 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

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

23 television service, the carrier shall retransmit the 

24 digital television service signals of all the local tele25 vision broadcast stations retransmitted by that car-
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1 rier to subscribers in such market by means of a sin2 gle reception antenna and associated equipment, but 

3 such antenna and associated equipment may be sep4 arate from the single reception antenna and associ5 ated equipment used for signals that are not in the 

6 digital television service. 

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

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

9 on and after one year after the date of enactment 

10 of the Satellite Home Viewer Extension and Reau11 thorization Act of 2004. 

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

13 is providing signals of a local television broadcast 

14 station in a local market under this section on the 

15 date of enactment of the Satellite Home Viewer Ex16 tension and Reauthorization Act of 2004 shall, not 

17 later than 270 days after such date of enactment, 

18 provide to the licensees for such stations and the 

19 carrier’s subscribers in such local market a notice 

20 that displays prominently and conspicuously a clear 

21 statement of— 

22 ‘‘(A) any reallocation of signals between 

23 different reception antennas and associated 

24 equipment that the carrier intends to make in 
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1 order to comply with the requirements of this 

2 subsection; 

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

4 obtain an additional reception antenna and as5 sociated equipment to receive such signals; and 

6 ‘‘(C) any cessation of carriage or other ma7 terial change in the carriage of signals as a con8 sequence of the requirements of this paragraph. 

9 ‘‘(5) ENFORCEMENT.—Notwithstanding any 

10 other provision of this section, the Commission may 

11 enforce this section and any regulation thereunder in 

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

13 SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH 

14 LOCAL SIGNALS. 

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

16 (47 U.S.C. 339(a)) is amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH

22 LOCAL SIGNALS.—Notwithstanding any other provi23 sion of paragraph (1), the following rules shall apply 

24 after the date of enactment of the Satellite Home 

25 Viewer Extension and Reauthorization Act of 2004: 
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1 ‘‘(A) RULES FOR GRANDFATHERED SUB2 SCRIBERS.—In the case of a subscriber of a sat3 ellite carrier who is eligible to receive the signal 

4 of a network station solely by reason of section 

5 119(e) of title 17, United States Code (in this 

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

7 the following shall apply: 

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

9 a local network station affiliated with the 

10 same television network is made available 

11 pursuant to the statutory license under 

12 section 122 by that satellite carrier to the 

13 subscriber, the carrier may only provide 

14 the secondary transmissions of the distant 

15 signal of such network station to that sub16 scriber— 

17 ‘‘(I) if, within 60 days after re18 ceiving the notice of the satellite car19 rier under section 338(h)(1) of the 

20 Communications Act of 1934, the 

21 subscriber elects to retain the distant 

22 signal; but 

23 ‘‘(II) only until such time as the 

24 subscriber elects to receive such local 

25 signal. 
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1 ‘‘(ii) Notwithstanding clause (i), the 

2 carrier may not retransmit the distant sig3 nal to any subscriber who is eligible to re4 ceive the signal of a network station solely 

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

6 United States Code, unless such carrier, 

7 within 60 days after the date of the enact8 ment of the Satellite Home Viewer Exten9 sion and Reauthorization Act of 2004, sub10 mits to that television network the list and 

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

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

13 In the case of a subscriber of a satellite carrier 

14 who is eligible to receive the signal of a network 

15 station under the statutory license under sec16 tion 119(a)(2) of title 17, United States Code 

17 (in this subparagraph referred to as a ‘distant 

18 signal’), other than subscribers to whom sub19 paragraph (A) applies, the following shall apply: 

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

21 a local network station affiliated with the 

22 same television network is made available 

23 pursuant to the statutory license under 

24 section 122 by that satellite carrier to the 

25 subscriber on the date of the enactment of 
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1 the Satellite Home Viewer Extension and 

2 Reauthorization Act of 2004, the carrier 

3 may only provide the secondary trans4 missions of the distant signal of such net5 work station to that subscriber— 

6 ‘‘(I)(aa) if, on such date of enact7 ment, the subscriber is receiving such 

8 distant signal and is also receiving 

9 such local signal, and 

10 ‘‘(bb) the subscriber’s satellite 

11 carrier, within 60 days after the date 

12 of the enactment of the Satellite 

13 Home Viewer Extension and Reau14 thorization Act of 2004, submits to 

15 that television network the list and 

16 statement required by section 

17 338(h)(2); or 

18 ‘‘(II)(aa) if, on such date of en19 actment, the subscriber is receiving 

20 such distant signal and is not receiv21 ing such local signal; but 

22 ‘‘(bb) only until such time as the 

23 subscriber elects to receive such local 

24 signal. 
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1 ‘‘(ii) In a case in which the signal of 

2 a local network station affiliated with the 

3 same television network is not made avail4 able pursuant to the statutory license 

5 under section 122 by that satellite carrier 

6 to a subscriber on the date of the enact7 ment of the Satellite Home Viewer Exten8 sion and Reauthorization Act of 2004, the 

9 carrier may only provide the secondary 

10 transmissions of the distant signal of such 

11 network station to that subscriber— 

12 ‘‘(I) who is a subscriber of that 

13 satellite carrier on such date of enact14 ment, or 

15 ‘‘(II) who becomes a subscriber 

16 of that satellite carrier after such date 

17 but before the local signal is made 

18 available by the carrier, 

19 but only until such time as the subscriber 

20 elects to receive the local signal from that 

21 satellite carrier. 

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

23 carrier may not provide a distant signal (within 

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

25 any person in a location to which the signal of 
31 

•HR 4501 IH 

1 a local network station affiliated with the same 

2 television network was made available by that 

3 carrier pursuant to the statutory license under 

4 section 122 of title 17, United States Code, be5 fore the person becomes a subscriber to that 

6 carrier. 

7 ‘‘(D) AUTHORITY TO GRANT STATION-SPE8 CIFIC WAIVERS.—Notwithstanding the provi9 sions of this paragraph, a satellite carrier may 

10 provide the distant signal (within the meaning 

11 of subparagraph (A) or (B)) of any distant net12 work station to any person to whom the signal 

13 of a local network station is available pursuant 

14 to the statutory license under section 122 of 

15 title 17, United States Code, if and to the ex16 tent that such local network station has granted 

17 a waiver from the requirements of this para18 graph to such satellite carrier with respect to 

19 such distant network station. 

20 ‘‘(E) OTHER PROVISIONS NOT AF21 FECTED.—This paragraph shall not affect the 

22 eligibility of a subscriber to receive secondary 

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

24 17, United States Code, or as an unserved 
32 

•HR 4501 IH 

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

2 such title.’’. 

3 SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NET4 WORKS, AND STATIONS CONCERNING SIGNAL 

5 CARRIAGE. 

6 Section 338 of the Communications Act of 1934 (47 

7 U.S.C. 338) is further amended by inserting after sub8 section (g) (as added by section 203) the following new 

9 subsection: 

10 ‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NET11 WORKS, AND STATIONS CONCERNING SIGNAL CAR12 RIAGE.— 

13 ‘‘(1) NOTICES TO AND ELECTIONS BY SUB14 SCRIBERS CONCERNING GRANDFATHERED SIG15 NALS.—Any carrier that provides a distant signal of 

16 a network station to a subscriber pursuant to a stat17 utory license under section 119(a)(4)(A) of title 17, 

18 United States Code, shall— 

19 ‘‘(A) within 60 days after the local signal 

20 of a network station of the same television net21 work is available pursuant to a statutory license 

22 under section 122, or within 60 days after the 

23 date of enactment of the Satellite Home Viewer 

24 Extension and Reauthorization Act of 2004, 
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1 whichever is later, send a notice to the sub2 scriber— 

3 ‘‘(i) offering to substitute the local 

4 network signal for the duplicating distant 

5 network signal; and 

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

7 the subscriber fails to respond in 60 days, 

8 the subscriber will lose the distant network 

9 signal but will be permitted to subscribe to 

10 the local network signal; and 

11 ‘‘(B) if the subscriber— 

12 ‘‘(i) elects to substitute such local net13 work signal within such 60 days, switch 

14 such subscriber to such local network sig15 nal within 10 days after the end of such 

16 60-day period; or 

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

18 days, terminate the distant network signal 

19 within 10 days after the end of such 60- 

20 day period. 

21 ‘‘(2) NOTICES TO NETWORKS OF DISTANT SIG22 NAL SUBSCRIBERS.—Within 60 days after the date 

23 of enactment of the Satellite Home Viewer Exten24 sion and Reauthorization Act of 2004, each satellite 

25 carrier that provides a distant signal of a network 
34 

•HR 4501 IH 

1 station to a subscriber pursuant to a statutory li2 cense under section 119(a)(4)(A) or 119(a)(4)(B)(i) 

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

4 network— 

5 ‘‘(A) a list, aggregated by designated mar6 ket area, identifying each subscriber provided 

7 such a signal by— 

8 ‘‘(i) name; 

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

10 city, state, and zip code); and 

11 ‘‘(iii) the distant network signal or 

12 signals received; and 

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

14 carrier’s knowledge and belief after having 

15 made diligent and good faith inquiries, the sub16 scriber is qualified under the existing law to re17 ceive the distant network signal or signals pur18 suant to a statutory license under section 

19 119(a)(4)(A) or 119(a)(4)(B)(i) of title 17, 

20 United States Code. 

21 ‘‘(3) NOTICE TO STATION LICENSEES OF COM22 MENCEMENT OF LOCAL-INTO-LOCAL SERVICE.— 

23 ‘‘(A) NOTICE REQUIRED.—Within 180 

24 days after the date of enactment of the Satellite 

25 Home Viewer Extension and Reauthorization 
35 

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1 Act of 2004, the Commission shall revise the 

2 regulations under this section relating to notice 

3 to broadcast station licensees to comply with 

4 the requirements of this paragraph. 

5 ‘‘(B) CONTENTS OF COMMENCEMENT NO6 TICE.—The notice required by such regulations 

7 shall inform each television broadcast station li8 censee within any local market in which a sat9 ellite carrier proposes to commence carriage of 

10 signals of stations from that market, not later 

11 than 60 days prior to the commencement of 

12 such carriage— 

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

14 launch local-into-local service under this 

15 section in a local market, the identity of 

16 that local market, and the location of the 

17 carrier’s proposed local receive facility for 

18 that local market; 

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

20 elect carriage under this section or grant 

21 retransmission consent under section 

22 325(b); 

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

24 from the date of the receipt of such notice 

25 to make such election; and 
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•HR 4501 IH 

1 ‘‘(iv) that failure to make such elec2 tion will result in the loss of the right to 

3 demand carriage under this section for the 

4 remainder of the 3-year cycle of carriage 

5 under section 325. 

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

7 regulations shall require that each satellite car8 rier shall transmit the notices required by such 

9 regulation via certified mail to the address for 

10 such television station licensee listed in the con11 solidated database system maintained by the 

12 Commission. 

13 ‘‘(4) NOTICES CONCERNING SIGNIFICANTLY

14 VIEWED STATIONS.—Each satellite carrier that pro15 poses to commence the retransmission of a station 

16 pursuant to section 340 in any local market shall— 

17 ‘‘(A) not less than 60 days before com18 mencing such retransmission, provide a written 

19 notice to any television broadcast station in 

20 such local market of a such proposal; and 

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

22 significantly viewed signals carried pursuant to 

23 section 340 and the communities in which the 

24 signals are carried.’’. 
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1 SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS. 

2 (a) AMENDMENT.—Section 338 of the Communica3 tions Act of 1934 (47 U.S.C. 338) is further amended by 

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

5 the following new subsection: 

6 ‘‘(i) PRIVACY RIGHTS OF SATELLITE SUB7 SCRIBERS.— 

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

9 agreement to provide any satellite service or other 

10 service to a subscriber and at least once a year 

11 thereafter, a satellite carrier shall provide notice in 

12 the form of a separate, written statement to such 

13 subscriber which clearly and conspicuously informs 

14 the subscriber of— 

15 ‘‘(A) the nature of personally identifiable 

16 information collected or to be collected with re17 spect to the subscriber and the nature of the 

18 use of such information; 

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

20 any disclosure which may be made of such in21 formation, including an identification of the 

22 types of persons to whom the disclosure may be 

23 made; 

24 ‘‘(C) the period during which such infor25 mation will be maintained by the satellite car26 rier; 
38 

•HR 4501 IH 

1 ‘‘(D) the times and place at which the sub2 scriber may have access to such information in 

3 accordance with paragraph (5); and 

4 ‘‘(E) the limitations provided by this sec5 tion with respect to the collection and disclosure 

6 of information by a satellite carrier and the 

7 right of the subscriber under paragraphs (7) 

8 and (9) to enforce such limitations. 

9 In the case of subscribers who have entered into 

10 such an agreement before the effective date of this 

11 subsection, such notice shall be provided within 180 

12 days of such date and at least once a year there13 after. 

14 ‘‘(2) DEFINITIONS.—For purposes of this sub15 section, other than paragraph (9)— 

16 ‘‘(A) the term ‘personally identifiable infor17 mation’ does not include any record of aggre18 gate data which does not identify particular 

19 persons; 

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

21 wire or radio communications service provided 

22 using any of the facilities of a satellite carrier 

23 that are used in the provision of satellite serv24 ice; and 
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•HR 4501 IH 

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

2 addition to persons within the definition of sat3 ellite carrier, any person who— 

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

5 under common ownership or control with, 

6 a satellite carrier; and 

7 ‘‘(ii) provides any wire or radio com8 munications service. 

9 ‘‘(3) PROHIBITIONS.— 

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

11 as provided in subparagraph (B), a satellite 

12 carrier shall not use any facilities used by the 

13 satellite carrier to collect programming selection 

14 or subscription information from such a sub15 scriber to collect personally identifiable informa16 tion concerning any subscriber without the prior 

17 written or electronic consent of the subscriber 

18 concerned. 

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

20 may use such facilities to collect such informa21 tion in order to— 

22 ‘‘(i) obtain information necessary to 

23 render a satellite service or other service 

24 provided by the satellite carrier to the sub25 scriber; or 
40 

•HR 4501 IH 

1 ‘‘(ii) detect unauthorized reception of 

2 satellite communications. 

3 ‘‘(4) DISCLOSURE.— 

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

5 as provided in subparagraph (B), a satellite 

6 carrier shall not disclose personally identifiable 

7 information concerning any subscriber without 

8 the prior written or electronic consent of the 

9 subscriber concerned and shall take such ac10 tions as are necessary to prevent unauthorized 

11 access to such information by a person other 

12 than the subscriber or satellite carrier. 

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

14 may disclose such information if the disclosure 

15 is— 

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

17 legitimate business activity related to, a 

18 satellite service or other service provided 

19 by the satellite carrier to the subscriber; 

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

21 pursuant to a court order authorizing such 

22 disclosure, if the subscriber is notified of 

23 such order by the person to whom the 

24 order is directed; 
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•HR 4501 IH 

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

2 addresses of subscribers to any satellite 

3 service or other service, if— 

4 ‘‘(I) the satellite carrier has pro5 vided the subscriber the opportunity 

6 to prohibit or limit such disclosure; 

7 and 

8 ‘‘(II) the disclosure does not re9 veal, directly or indirectly, the— 

10 ‘‘(aa) extent of any viewing 

11 or other use by the subscriber of 

12 a satellite service or other service 

13 provided by the satellite carrier; 

14 or 

15 ‘‘(bb) the nature of any 

16 transaction made by the sub17 scriber over any facilities used by 

18 the satellite carrier to collect pro19 gramming selection or subscrip20 tion information from such a 

21 subscriber; or 

22 ‘‘(iv) to a government entity as au23 thorized under chapters 119, 121, or 206 

24 of title 18, United States Code, except that 

25 such disclosure shall not include records 
42 

•HR 4501 IH 

1 revealing satellite subscriber selection of 

2 video programming from a satellite carrier. 

3 ‘‘(5) ACCESS BY SUBSCRIBER.—A satellite sub4 scriber shall be provided access to all personally 

5 identifiable information regarding that subscriber 

6 which is collected and maintained by a satellite car7 rier. Such information shall be made available to the 

8 subscriber at reasonable times and at a convenient 

9 place designated by such satellite carrier. A satellite 

10 subscriber shall be provided reasonable opportunity 

11 to correct any error in such information. 

12 ‘‘(6) DESTRUCTION OF INFORMATION.—A sat13 ellite carrier shall destroy personally identifiable in14 formation if the information is no longer necessary 

15 for the purpose for which it was collected and there 

16 are no pending requests or orders for access to such 

17 information under paragraph (5) or pursuant to a 

18 court order. 

19 ‘‘(7) PENALTIES.—Any person aggrieved by 

20 any act of a satellite carrier in violation of this sec21 tion may bring a civil action in a United States dis22 trict court. The court may award— 

23 ‘‘(A) actual damages but not less than liq24 uidated damages computed at the rate of $100 
43 

•HR 4501 IH 

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

2 whichever is higher; 

3 ‘‘(B) punitive damages; and 

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

5 litigation costs reasonably incurred. 

6 The remedy provided by this subsection shall be in 

7 addition to any other lawful remedy available to a 

8 satellite subscriber. 

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

10 this title shall be construed to prohibit any State 

11 from enacting or enforcing laws consistent with this 

12 section for the protection of subscriber privacy. 

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

14 paragraph (4)(B)(iv), a governmental entity may ob15 tain personally identifiable information concerning a 

16 satellite subscriber pursuant to a court order only if, 

17 in the court proceeding relevant to such court 

18 order— 

19 ‘‘(A) such entity offers clear and con20 vincing evidence that the subject of the infor21 mation is reasonably suspected of engaging in 

22 criminal activity and that the information 

23 sought would be material evidence in the case; 

24 and 
44 

•HR 4501 IH 

1 ‘‘(B) the subject of the information is af2 forded the opportunity to appear and contest 

3 such entity’s claim.’’. 

4 (b) EFFECTIVE DATE.—Section 338(i) of the Com5 munications Act of 1934 (47 U.S.C. 338(i)) as amended 

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

7 after the date of enactment of this Act. 

8 SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS. 

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

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

11 amended— 

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

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

14 (2) by striking the second sentence; 

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

16 (4) in clause (ii)— 

17 (A) by striking ‘‘January 1, 2006’’ and in18 serting ‘‘January 1, 2010’’; and 

19 (B) by striking the period at the end and 

20 inserting ‘‘; and’’; and 

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

22 clauses: 

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

24 a multichannel video programming dis25 tributor from failing to negotiate in good 
45 

•HR 4501 IH 

1 faith for retransmission consent under this 

2 section, and it shall not be a failure to ne3 gotiate in good faith if the distributor en4 ters into retransmission consent agree5 ments containing different terms and con6 ditions, including price terms, with dif7 ferent broadcast stations if such different 

8 terms and conditions are based on com9 petitive marketplace considerations.’’. 

10 (b) DEADLINE.—The Federal Communications Com11 mission shall prescribe regulations to implement the 

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

13 after the date of enactment of this Act. 

14 SEC. 208. UNSERVED DIGITAL CUSTOMERS. 

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

16 television service rules of Federal Communications Com17 mission in effect on the date of enactment of this Act, 

18 and the propagation prediction models derived from Bul19 letin No. 69 of the Commission’s Office of Engineering 

20 and Technology, the Commission shall initiate an inquiry 

21 to recommend the appropriate methodologies for deter22 mining which consumers are in locations where the con23 sumer will be unable, on and after the date on which ana24 log television services are discontinued pursuant to the 

25 provisions of section 309(j)(14) of the Communications 
46 

•HR 4501 IH 

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

2 digital television service signals that are transmitted from 

3 a station’s permanent digital television channel that are 

4 of sufficient intensity to be able to receive and display dig5 ital television service using receiving terrestrial outdoor 

6 antennas of reasonable cost and ease of installation. Such 

7 methodologies shall be based on the current field strength 

8 requirements for digital television stations in section 

9 73.622(e)(1) of the Commission’s regulations (47 CFR 

10 622(e)(1)). 

11 (b) REPORT REQUIRED.—The Federal Communica12 tions Commission shall submit a report on the results of 

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

14 on Energy and Commerce of the House of Representatives 

15 and the Committee on Commerce, Science, and Transpor16 tation of the Senate not later than December 31, 2005. 

17 Such report shall include— 

18 (1) a proposal, using the best engineering prac19 tices for the broadcast television industry, for a pre20 dictive methodology for determining both which con21 sumers— 

22 (A) receive a digital signal of sufficient in23 tensity to be able to receive and display digital 

24 television service using receiving terrestrial out-
47 

•HR 4501 IH 

1 door antennas of reasonable cost and ease of in2 stallation; or 

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

4 station begins transmitting on its permanent 

5 digital television channel; 

6 (2) an analysis of whether it is possible to iden7 tify the areas of the country within which consumers 

8 will not, on and after the date on which analog tele9 vision services are discontinued pursuant to the pro10 visions of section 309(j)(14) of the Communications 

11 Act of 1934 (47 U.S.C. 309(j)(14)), be able to re12 ceive a digital television signal of sufficient intensity 

13 to be able to receive and display digital television 

14 service using receiving terrestrial outdoor antennas 

15 of reasonable cost and ease of installation; and 

16 (3) if possible, an identification, on a county-by17 county or more localized basis, of such areas for 

18 each television network. 

19 SEC. 209. REDUCTION OF REQUIRED TESTS. 

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

21 (47 U.S.C. 339(c)(4)) is amended by inserting after sub22 paragraph (C) the following new subparagraphs: 

23 ‘‘(D) REDUCTION OF VERIFICATION BUR24 DENS.—Within one year after the date of enact25 ment of the Satellite Home Viewer Extension 
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1 and Reauthorization Act of 2004, the Commis2 sion shall by rule exempt from the verification 

3 requirements of subparagraph (A) any request 

4 for a test made by a subscriber to a satellite 

5 carrier— 

6 ‘‘(i) to whom the retransmission of 

7 the signals of local broadcast stations is 

8 available under section 122 of title 17, 

9 United States Code, from such carrier; or 

10 ‘‘(ii) for whom the predictive model 

11 required by paragraph (3) predicts a signal 

12 intensity that exceeds the signal intensity 

13 standard in effect under section 

14 119(d)(11)(A) of such title by such num15 ber of decibels as the Commission specifies 

16 in such rule. 

17 ‘‘(E) EXCEPTION.—Notwithstanding any 

18 provision of this Act, this section does not pro19 hibit a subscriber who is predicted to receive a 

20 signal that meets or exceeds such signal inten21 sity standard from conducting a signal strength 

22 test at the subscriber’s own expense for the 

23 purpose of determining their eligibility for dis24 tant signals under this section.’’. 
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1 SEC. 210. CARRIAGE OF CERTAIN ADDITIONAL STATIONS. 

2 Section 340 of the Communications Act of 1934, as 

3 added by section 202(a) of this Act, is amended by insert4 ing at the end of subsection (c) the following new para5 graph: 

6 ‘‘(3) CARRIAGE OF CERTAIN ADDITIONAL STA7 TIONS.— 

8 ‘‘(A) ADDITIONAL STATIONS AUTHOR9 IZED.—In addition to the signals that are eligi10 ble to be carried under subsection (a) and para11 graph (2) of this subsection, a satellite carrier 

12 is also authorized to retransmit to subscribers 

13 in no more than two counties in a State that 

14 are in a local market principally comprised of 

15 counties in another State, the signals of any tel16 evision station located in the capital city of the 

17 State in which such counties are located, if the 

18 total number of television households in the two 

19 counties combined did not exceed 10,000 for 

20 the year 2003 according to Nielson Media Re21 search. 

22 ‘‘(B) TREATMENT AS SIGNIFICANTLY

23 VIEWED; LIMITATIONS.—Such signals shall be 

24 deemed, solely for purposes of this section, to 

25 be significantly viewed in such two counties. In 

26 total, a satellite carrier that carries one or more 
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•HR 4501 IH 

1 additional signals under this paragraph may re2 transmit no more than four television broadcast 

3 stations in such counties pursuant to this para4 graph. All rules applicable to carriage of sta5 tions pursuant to subsection (a) or paragraph 

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

7 stations pursuant to this paragraph.’’. 

Æ