108TH CONGRESS

2D SESSION H. R. 4518

AN ACT

To extend the statutory license for secondary transmissions, and for other purposes. nications Act of 1934 with respect to such trans- United States Code, and to amend the Commu- television broadcast stations under title 17, missions by satellite carriers of transmissions by

108TH CONGRESS

2D SESSION H. R. 4518

AN ACT

To extend the statutory license for secondary transmissions

by satellite carriers of transmissions by television broadcast stations under title 17, United States Code, and

to amend the Communications Act of 1934 with respect

to such transmissions, and for other purposes.
2

•HR 4518 EH

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 TITLES; TABLE OF CONTENTS.

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

5 ‘‘Satellite Home Viewer Extension and Reauthorization

6 Act of 2004’’ or the ‘‘W. J. (Billy) Tauzin Satellite Tele7 vision Act of 2004’’.

8 (b) TABLE OF CONTENTS.— The table of contents

9 for this Act is as follows:

Sec. 1. Short titles; table of contents.

TITLE I—STATUTORY LICENSE FOR SATELLITE CARRIERS

Sec. 101. Extension of authority.

Sec. 102. Reporting of subscribers; significantly viewed and other signals; technical amendments.

Sec. 103. Statutory license for satellite carriers outside local markets.

Sec. 104. Statutory license for satellite retransmission of low power television

stations.

Sec. 105. Definitions.

Sec. 106. Effect on certain proceedings.

Sec. 107. Statutory license for satellite carriers retransmitting superstation signals to commercial establishments.

Sec. 108. Expedited consideration of voluntary agreements to provide satellite

secondary transmissions to local markets.

Sec. 109. Study.

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.
3

•HR 4518 EH

1 TITLE I—STATUTORY LICENSE

2 FOR SATELLITE CARRIERS

3 SEC. 101. EXTENSION OF AUTHORITY.

4 (a) IN GENERAL.—Section 4(a) of the Satellite Home

5 Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103–

6 369; 108 Stat. 3481) is amended by striking ‘‘December

7 31, 2004’’ and inserting ‘‘December 31, 2009’’.

8 (b) EXTENSION FOR CERTAIN SUBSCRIBERS.—Sec9 tion 119(e) of title 17, United States Code, is amended

10 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem11 ber 31, 2009’’.

12 SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY

13 VIEWED AND OTHER SIGNALS; TECHNICAL

14 AMENDMENTS.

15 Section 119(a) of title 17, United States Code, is

16 amended—

17 (1) in paragraph (1)—

18 (A) in the paragraph heading, by striking

19 ‘‘AND PBS SATELLITE FEED’’;

20 (B) in the first sentence, by striking ‘‘(3),

21 (4), and (6)’’ and inserting ‘‘(5), (6), and (8)’’;

22 (C) in the first sentence, by striking ‘‘or by

23 the Public Broadcasting Service satellite feed’’;

24 and

25 (D) by striking the second sentence;
4

•HR 4518 EH

1 (2) in paragraph (2)—

2 (A) in subparagraph (A), by striking ‘‘(3),

3 (4), (5), and (6)’’ and inserting ‘‘(5), (6), (7),

4 and (8)’’; and

5 (B) by striking subparagraph (C) and in6 serting the following:

7 ‘‘(C) EXCEPTIONS.—

8 ‘‘(i) STATES WITH SINGLE FULL9 POWER NETWORK STATION.—In a State in

10 which there is licensed by the Federal

11 Communications Commission a single full12 power station that was a network station

13 on January 1, 1995, the statutory license

14 provided for in subparagraph (A) shall

15 apply to the secondary transmission by a

16 satellite carrier of the primary trans17 mission of that station to any subscriber in

18 a community that is located within that

19 State and that is not within the first 50

20 television markets as listed in the regula21 tions of the Commission as in effect on

22 such date (47 CFR 76.51).

23 ‘‘(ii) STATES WITH ALL NETWORK

24 STATIONS AND SUPERSTATIONS IN SAME

25 LOCAL MARKET.—In a State in which all
5

•HR 4518 EH

1 network stations and superstations licensed

2 by the Federal Communications Commis3 sion within that State as of January 1,

4 1995, are assigned to the same local mar5 ket and that local market does not encom6 pass all counties of that State, the statu7 tory license provided under subparagraph

8 (A) shall apply to the secondary trans9 mission by a satellite carrier of the pri10 mary transmissions of such station to all

11 subscribers in the State who reside in a

12 local market that is within the first 50

13 major television markets as listed in the

14 regulations of the Commission as in effect

15 on such date (section 76.51 of tile 47 of

16 the Code of Federal Regulations).

17 ‘‘(iii) CERTAIN ADDITIONAL STA18 TIONS.—If 2 adjacent counties in a single

19 State are in a local market comprised prin20 cipally of counties located in another State,

21 the statutory license provided for in sub22 paragraph (A) shall apply to the secondary

23 transmission by a satellite carrier to sub24 scribers in those 2 counties of the primary

25 transmissions of any network station lo-
6

•HR 4518 EH

1 cated in the capital of the State in which

2 such 2 counties are located, if—

3 ‘‘(I) the 2 counties are located in

4 a local market that is in the top 100

5 markets for the year 2003 according

6 to Nielsen Media Research; and

7 ‘‘(II) the total number of tele8 vision households in the 2 counties

9 combined did not exceed 10,000 for

10 the year 2003 according to Nielsen

11 Media Research.

12 ‘‘(D) SUBMISSION OF SUBSCRIBER LISTS

13 TO NETWORKS.—

14 ‘‘(i) INITIAL LISTS.—A satellite car15 rier that makes secondary transmissions of

16 a primary transmission made by a network

17 station pursuant to subparagraph (A)

18 shall, 90 days after commencing such sec19 ondary transmissions, submit to the net20 work that owns or is affiliated with the

21 network station—

22 ‘‘(I) a list identifying (by name

23 and address, including street or rural

24 route number, city, State, and zip

25 code) all subscribers to which the sat-
7

•HR 4518 EH

1 ellite carrier makes secondary trans2 missions of that primary transmission

3 to subscribers in unserved households;

4 and

5 ‘‘(II) a separate list, aggregated

6 by designated market area (as defined

7 in section 122(j)) (by name and ad8 dress, including street or rural route

9 number, city, State, and zip code),

10 which shall indicate those subscribers

11 being served pursuant to paragraph

12 (3), relating to significantly viewed

13 stations.

14 ‘‘(ii) MONTHLY LISTS.—After the sub15 mission of the initial lists under clause (i),

16 on the 15th of each month, the satellite

17 carrier shall submit to the network—

18 ‘‘(I) a list identifying (by name

19 and address, including street or rural

20 route number, city, State, and zip

21 code) any persons who have been

22 added or dropped as subscribers

23 under clause (i)(I) since the last sub24 mission under clause (i); and
8

•HR 4518 EH

1 ‘‘(II) a separate list, aggregated

2 by designated market area (by name

3 and street address, including street or

4 rural route number, city, State, and

5 zip code), identifying those sub6 scribers whose service pursuant to

7 paragraph (3), relating to signifi8 cantly viewed stations, has been added

9 or dropped.

10 ‘‘(iii) USE OF SUBSCRIBER INFORMA11 TION.—Subscriber information submitted

12 by a satellite carrier under this subpara13 graph may be used only for purposes of

14 monitoring compliance by the satellite car15 rier with this subsection.

16 ‘‘(iv) APPLICABILITY.—The submis17 sion requirements of this subparagraph

18 shall apply to a satellite carrier only if the

19 network to which the submissions are to be

20 made places on file with the Register of

21 Copyrights a document identifying the

22 name and address of the person to whom

23 such submissions are to be made. The Reg24 ister shall maintain for public inspection a

25 file of all such documents.’’;
9

•HR 4518 EH

1 (3) by striking paragraph (8);

2 (4) by redesignating paragraphs (9) through

3 (12) as paragraphs (10) through (13), respectively;

4 (5) by redesignating paragraphs (3) through

5 (7) as paragraphs (5) through (9), respectively;

6 (6) by inserting after paragraph (2) the fol7 lowing:

8 ‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFI9 CANTLY VIEWED SIGNALS.—

10 ‘‘(A) IN GENERAL.—Notwithstanding the

11 provisions of paragraph (2)(B), and subject to

12 subparagraph (B) of this paragraph, the statu13 tory license provided for in paragraphs (1) and

14 (2) shall apply to the secondary transmission of

15 the primary transmission of a network station

16 or a superstation to a subscriber who resides

17 outside the station’s local market (as defined in

18 section 122(j)) but within a community in

19 which the signal has been determined by the

20 Federal Communications Commission, to be sig21 nificantly viewed in such community, pursuant

22 to the rules, regulations and authorizations of

23 the Federal Communications Commission in ef24 fect on April 15, 1976, applicable to deter-
10

•HR 4518 EH

1 mining with respect to a cable system whether

2 signals are significantly viewed in a community.

3 ‘‘(B) LIMITATION.—Subparagraph (A)

4 shall apply only to secondary transmissions of

5 the primary transmissions of network stations

6 and superstations to subscribers who receive

7 secondary transmissions from a satellite carrier

8 pursuant to the statutory license under section

9 122.

10 ‘‘(C) WAIVER.—

11 ‘‘(i) IN GENERAL.—A subscriber who

12 is denied the secondary transmission of the

13 primary transmission of a network station

14 under subparagraph (B) may request a

15 waiver from such denial by submitting a

16 request, through the subscriber’s satellite

17 carrier, to the network station in the local

18 market affiliated with the same network

19 where the subscriber is located. The net20 work station shall accept or reject the sub21 scriber’s request for a waiver within 30

22 days after receipt of the request. If the

23 network station fails to accept or reject the

24 subscriber’s request for a waiver within

25 that 30-day period, that network station
11

•HR 4518 EH

1 shall be deemed to agree to the waiver re2 quest. Unless specifically stated by the net3 work station, a waiver that was granted

4 before the date of the enactment of the

5 Satellite Home Viewer Extension and Re6 authorization Act of 2004 under section

7 339(c)(2) of the Communications Act of

8 1934 shall not constitute a waiver for pur9 poses of this subparagraph.

10 ‘‘(ii) SUNSET.—The authority under

11 clause (i) to grant waivers shall terminate

12 on December 31, 2008, and any such waiv13 er in effect shall terminate on that date.’’;

14 (7) in paragraph (2)(B)(i), by adding at the

15 end the following new sentence: ‘‘The limitation in

16 this clause shall not apply to secondary trans17 missions under paragraph (3).’’.

18 SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS

19 OUTSIDE LOCAL MARKETS.

20 Section 119 of title 17, United States Code, is

21 amended as follows:

22 (1) Subsection (a) is amended by inserting after

23 paragraph (3), as added by section 102 of this Act,

24 the following:
12

•HR 4518 EH

1 ‘‘(4) STATUTORY LICENSE WHERE RETRANS2 MISSIONS INTO LOCAL MARKET AVAILABLE.—

3 ‘‘(A) RULES FOR SUBSCRIBERS UNDER

4 SUBSECTION (e).—

5 ‘‘(i) FOR THOSE RECEIVING DISTANT

6 SIGNALS.—In the case of a subscriber of a

7 satellite carrier who is eligible to receive

8 the secondary transmission of the primary

9 transmission of a network station solely by

10 reason of subsection (e) (in this subpara11 graph referred to as a ‘distant signal’),

12 and who, as of October 1, 2004, is receiv13 ing the distant signal of that network sta14 tion, the following shall apply:

15 ‘‘(I) In a case in which the sat16 ellite carrier makes available to the

17 subscriber the secondary transmission

18 of the primary transmission of a local

19 network station affiliated with the

20 same television network pursuant to

21 the statutory license under section

22 122, the statutory license under para23 graph (2) shall apply only to sec24 ondary transmissions by that satellite

25 carrier to that subscriber of the dis-
13

•HR 4518 EH

1 tant signal of a station affiliated with

2 the same television network—

3 ‘‘(aa) if, within 60 days

4 after receiving the notice of the

5 satellite carrier under section

6 338(h)(1) of the Communications

7 Act of 1934, the subscriber elects

8 to retain the distant signal; but

9 ‘‘(bb) only until such time as

10 the subscriber elects to receive

11 such local signal.

12 ‘‘(II) Notwithstanding subclause

13 (I), the statutory license under para14 graph (2) shall not apply with respect

15 to any subscriber who is eligible to re16 ceive the distant signal of a television

17 network station solely by reason of

18 subsection (e), unless the satellite car19 rier, within 60 days after the date of

20 the enactment of the Satellite Home

21 Viewer Extension and Reauthorization

22 Act of 2004, submits to that television

23 network a list, aggregated by des24 ignated market area (as defined in

25 section 122(j)(2)(C)), that—
14

•HR 4518 EH

1 ‘‘(aa) identifies that sub2 scriber by name and address

3 (street or rural route number,

4 city, State, and zip code) and

5 specifies the distant signals re6 ceived by the subscriber; and

7 ‘‘(bb) states, to the best of

8 the satellite carrier’s knowledge

9 and belief, after having made

10 diligent and good faith inquiries,

11 that the subscriber is eligible

12 under subsection (e) to receive

13 the distant signals.

14 ‘‘(ii) FOR THOSE NOT RECEIVING DIS15 TANT SIGNALS.—In the case of any sub16 scriber of a satellite carrier who is eligible

17 to receive the distant signal of a network

18 station solely by reason of subsection (e)

19 and who did not receive a distant signal of

20 a station affiliated with the same network

21 on October 1, 2004, the statutory license

22 under paragraph (2) shall not apply to sec23 ondary transmissions by that satellite car24 rier to that subscriber of the distant signal
15

•HR 4518 EH

1 of a station affiliated with the same net2 work.

3 ‘‘(B) RULES FOR OTHER SUBSCRIBERS.—

4 In the case of a subscriber of a satellite carrier

5 who is eligible to receive the secondary trans6 mission of the primary transmission of a net7 work station under the statutory license under

8 paragraph (2) (in this subparagraph referred to

9 as a ‘distant signal’), other than subscribers to

10 whom subparagraph (A) applies, the following

11 shall apply:

12 ‘‘(i) In a case in which the satellite

13 carrier makes available to that subscriber,

14 on January 1, 2005, the secondary trans15 mission of the primary transmission of a

16 local network station affiliated with the

17 same television network pursuant to the

18 statutory license under section 122, the

19 statutory license under paragraph (2) shall

20 apply only to secondary transmissions by

21 that satellite carrier to that subscriber of

22 the distant signal of a station affiliated

23 with the same television network if the

24 subscriber’s satellite carrier, not later than

25 March 1, 2005, submits to that television
16

•HR 4518 EH

1 network a list, aggregated by designated

2 market area (as defined in section

3 122(j)(2)(C)), that identifies that sub4 scriber by name and address (street or

5 rural route number, city, State, and zip

6 code) and specifies the distant signals re7 ceived by the subscriber.

8 ‘‘(ii) In a case in which the satellite

9 carrier does not make available to that

10 subscriber, on January 1, 2005, the sec11 ondary transmission of the primary trans12 mission of a local network station affiliated

13 with the same television network pursuant

14 to the statutory license under section 122,

15 the statutory license under paragraph (2)

16 shall apply only to secondary transmissions

17 by that satellite carrier of the distant sig18 nal of a station affiliated with the same

19 network to that subscriber if—

20 ‘‘(I) that subscriber seeks to sub21 scribe to such distant signal before

22 the date on which such carrier com23 mences to provide pursuant to the

24 statutory license under section 122

25 the secondary transmissions of the
17

•HR 4518 EH

1 primary transmission of stations from

2 the local market of such local network

3 station; and

4 ‘‘(II) the satellite carrier, within

5 60 days after such date, submits to

6 each television network a list that

7 identifies each subscriber in that local

8 market provided such a signal by

9 name and address (street or rural

10 route number, city, State, and zip

11 code) and specifies the distant signals

12 received by the subscriber.

13 ‘‘(C) FUTURE APPLICABILITY.—The statu14 tory license under paragraph (2) shall not apply

15 to the secondary transmission by a satellite car16 rier of a primary transmission of a network sta17 tion to a person who—

18 ‘‘(i) is not a subscriber lawfully receiv19 ing such secondary transmission as of the

20 date of the enactment of the Satellite

21 Home Viewer Extension and Reauthoriza22 tion Act of 2004; and

23 ‘‘(ii) at the time such person seeks to

24 subscribe to receive such secondary trans25 mission, resides in a local market where
18

•HR 4518 EH

1 the satellite carrier makes available to that

2 person the secondary transmission of the

3 primary transmission of a local network

4 station affiliated with the same television

5 network pursuant to the statutory license

6 under section 122.

7 ‘‘(D) OTHER PROVISIONS NOT AF8 FECTED.—This paragraph shall not affect the

9 applicability of the statutory license to sec10 ondary transmissions under paragraph (3) or to

11 unserved households included under paragraph

12 (12).

13 ‘‘(E) WAIVER.—A subscriber who is denied

14 the secondary transmission of a network station

15 under subparagraph (C) may request a waiver

16 from such denial by submitting a request,

17 through the subscriber’s satellite carrier, to the

18 network station in the local market affiliated

19 with the same network where the subscriber is

20 located. The network station shall accept or re21 ject the subscriber’s request for a waiver within

22 30 days after receipt of the request. If the net23 work station fails to accept or reject the sub24 scriber’s request for a waiver within that 30-

25 day period, that network station shall be
19

•HR 4518 EH

1 deemed to agree to the waiver request. Unless

2 specifically stated by the network station, a

3 waiver that was granted before the date of the

4 enactment of the Satellite Home Viewer Exten5 sion and Reauthorization Act of 2004 under

6 section 339(c)(2) of the Communications Act of

7 1934 shall not constitute a waiver for purposes

8 of this subparagraph.

9 ‘‘(F) AVAILABLE DEFINED.—For purposes

10 of this paragraph, a satellite carrier makes

11 available a secondary transmission of the pri12 mary transmission of local station to a sub13 scriber or person if the satellite carrier offers

14 that secondary transmission to other sub15 scribers who reside in the same zip code as that

16 subscriber or person.’’.

17 (2) Subsection (a) is amended by adding at the

18 end the following:

19 ‘‘(14) WAIVERS.—A subscriber who is denied

20 the secondary transmission of a signal of a network

21 station under subsection (a)(2)(B) may request a

22 waiver from such denial by submitting a request,

23 through the subscriber’s satellite carrier, to the net24 work station asserting that the secondary trans25 mission is prohibited. The network station shall ac-
20

•HR 4518 EH

1 cept or reject a subscriber’s request for a waiver

2 within 30 days after receipt of the request. If a tele3 vision network station fails to accept or reject a sub4 scriber’s request for a waiver within the 30-day pe5 riod after receipt of the request, that station shall be

6 deemed to agree to the waiver request and have filed

7 such written waiver. Unless specifically stated by the

8 network station, a waiver that was granted before

9 the date of the enactment of the Satellite Home

10 Viewer Extension and Reauthorization Act of 2004

11 under section 339(c)(2) of the Communications Act

12 of 1934, and that was in effect on such date of en13 actment, shall constitute a waiver for purposes of

14 this subparagraph.’’.

15 (3) Subsection (b)(1) is amended by striking

16 subparagraph (B) and inserting the following:

17 ‘‘(B) a royalty fee for that 6-month period,

18 computed by multiplying the total number of

19 subscribers receiving each secondary trans20 mission of each superstation or network station

21 during each calendar month by the appropriate

22 rate in effect under this section.’’.

23 (4) Subsection (b)(1) is further amended by

24 adding at the end the following flush sentence:

25 ‘‘Notwithstanding the provisions of subparagraph
21

•HR 4518 EH

1 (B), a satellite carrier whose secondary trans2 missions are subject to statutory licensing under

3 paragraph (1) or (2) of subsection (a) shall have no

4 royalty obligation for secondary transmissions to a

5 subscriber under paragraph (3) of such subsection.’’.

6 (5) Subsection (c) is amended—

7 (A) by amending paragraph (1) to read as

8 follows:

9 ‘‘(1) APPLICABILITY AND DETERMINATION OF

10 ROYALTY FEES.—The appropriate fee for purposes

11 of determining the royalty fee under subsection

12 (b)(1)(B) shall be the appropriate fee set forth in

13 part 258 of title 37, Code of Federal Regulations, as

14 in effect on July 1, 2004, as modified under this

15 subsection.’’;

16 (B) in paragraph (2)—

17 (i) in subparagraph (A), by striking

18 ‘‘July 1, 1996,’’ and inserting ‘‘January 2,

19 2005,’’;

20 (ii) in subparagraph (C)—

21 (I) in the heading, by inserting ‘‘;

22 PUBLIC NOTICE’’ after ‘‘AGREE23 MENTS’’;

24 (II) in the first sentence, by

25 striking ‘‘Voluntary agreements’’ and
22

•HR 4518 EH

1 inserting ‘‘(i) Voluntary agreements’’;

2 and

3 (III) by adding at the end the

4 following:

5 ‘‘(ii)(I) Within 10 days after the publica6 tion in the Federal Register of a notice of the

7 initiation of voluntary negotiation proceedings,

8 parties who have reached a voluntary agreement

9 may request that the royalty fees in that agree10 ment be applied to all satellite carriers, dis11 tributors, and copyright owners without con12 vening an arbitration proceeding pursuant to

13 paragraph (3).

14 ‘‘(II) Upon receiving a request under sub15 clause (I), the Librarian of Congress shall im16 mediately provide public notice of the royalty

17 fees from the voluntary agreement and afford

18 parties an opportunity to state that they object

19 to those fees.

20 ‘‘(III) The Librarian shall adopt the roy21 alty fees from the voluntary agreement for all

22 satellite carriers, distributors, and copyright

23 owners without convening an arbitration pro24 ceeding unless a party with an intent to partici25 pate in the arbitration proceeding and a signifi-
23

•HR 4518 EH

1 cant interest in the outcome of that proceeding

2 objects under subclause (II).’’; and

3 (iii) in subparagraph (D), by striking

4 ‘‘December 31, 1999,’’ and inserting ‘‘De5 cember 31, 2009’’;

6 (C) in paragraph (3)—

7 (i) in subparagraph (A)—

8 (I) by striking ‘‘January 1,

9 1997,’’ and inserting ‘‘May 1, 2005,’’;

10 and

11 (II) by striking ‘‘who are not

12 parties to a voluntary agreement filed

13 with the Copyright Office in accord14 ance with paragraph (2).’’ and insert15 ing ‘‘and distributors—

16 ‘‘(i) in the absence of a voluntary

17 agreement filed in accordance with para18 graph (2) that establishes the royalty fees

19 to be paid by all satellite carriers and dis20 tributors; or

21 ‘‘(ii) if an objection to the fees from

22 a voluntary agreement submitted for adop23 tion by the Librarian of Congress to apply

24 to all satellite carriers, distributors, and

25 copyright owners is received under para-
24

•HR 4518 EH

1 graph (2)(C) from a party with an intent

2 to participate in the arbitration proceeding

3 and a significant interest in the outcome of

4 that proceeding.’’;

5 (ii) in the first sentence of subpara6 graph (B), by inserting after ‘‘value of sec7 ondary transmissions’’ the following: ‘‘, ex8 cept that the Librarian of Congress and

9 any copyright arbitration royalty panel

10 shall adjust those fees to account for the

11 obligations of the parties under any appli12 cable voluntary agreements filed with the

13 Copyright Office pursuant to paragraph

14 (2).’’; and

15 (iii) in subparagraph (C)(ii), by strik16 ing ‘‘become effective as provided’’ and all

17 that follows through ‘‘later’’ and inserting

18 ‘‘be effective as of January 1, 2005’’; and

19 (D) by striking paragraphs (4) and (5).

20 (6) Subsection (a)(7), as redesignated by sec21 tion 102(5) of this Act, is amended—

22 (A) in subparagraph (A), by striking ‘‘who

23 does not reside in an unserved household’’ and

24 inserting ‘‘who is not eligible to receive the

25 transmission under this section’’;
25

•HR 4518 EH

1 (B) in subparagraph (B), by striking ‘‘who

2 do not reside in unserved households’’ and in3 serting ‘‘who are not eligible to receive the

4 transmission under this section’’; and

5 (C) in subparagraph (D), by striking ‘‘is

6 for private home viewing to an unserved house7 hold’’ and inserting ‘‘is to a subscriber who is

8 eligible to receive the secondary transmission

9 under this section’’.

10 SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANS11 MISSION OF LOW POWER TELEVISION STA12 TIONS.

13 (a) IN GENERAL.—Section 119(a) of title 17, United

14 States Code (as amended by sections 102 and 103 of this

15 Act), is further amended by adding at the end the fol16 lowing:

17 ‘‘(15) CARRIAGE OF LOW POWER TELEVISION

18 STATIONS.—

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (2)(B), and subject to subparagraphs (B)

21 through (F) of this paragraph, the statutory li22 cense provided for in paragraphs (1) and (2)

23 shall apply to the secondary transmission of the

24 primary transmission of a network station or a

25 superstation that is licensed as a low power tel-
26

•HR 4518 EH

1 evision station, to a subscriber who resides

2 within the same local market.

3 ‘‘(B) GEOGRAPHIC LIMITATION.—

4 ‘‘(i) NETWORK STATIONS.—With re5 spect to network stations, secondary trans6 missions provided for in subparagraph (A)

7 shall be limited to secondary transmissions

8 to subscribers who—

9 ‘‘(I) reside in the same local mar10 ket as the station originating the sig11 nal; and

12 ‘‘(II) reside within 35 miles of

13 the transmitter site of such station,

14 except that in the case of such a sta15 tion located in a standard metropoli16 tan statistical area which has 1 of the

17 50 largest populations of all standard

18 metropolitan statistical areas (based

19 on the 1980 decennial census of popu20 lation taken by the Secretary of Com21 merce), the number of miles shall be

22 20.

23 ‘‘(ii) SUPERSTATIONS.—With respect

24 to superstations, secondary transmissions

25 provided for in subparagraph (A) shall be
27

•HR 4518 EH

1 limited to secondary transmissions to sub2 scribers who reside in the same local mar3 ket as the station originating the signal.

4 ‘‘(C) NO APPLICABILITY TO REPEATERS

5 AND TRANSLATORS.—Secondary transmissions

6 provided for in subparagraph (A) shall not

7 apply to any low power television station that

8 retransmits the programs and signals of an9 other television station for more than 2 hours

10 each day.

11 ‘‘(D) ROYALTY FEES.—Notwithstanding

12 subsection (b)(1)(B), a satellite carrier whose

13 secondary transmissions of the primary trans14 missions of a low power television station are

15 subject to statutory licensing under this section

16 shall have no royalty obligation for secondary

17 transmissions to a subscriber who resides within

18 35 miles of the transmitter site of such station,

19 except that in the case of such a station located

20 in a standard metropolitan statistical area

21 which has 1 of the 50 largest populations of all

22 standard metropolitan statistical areas (based

23 on the 1980 decennial census of population

24 taken by the Secretary of Commerce), the num25 ber of miles shall be 20. Carriage of a supersta-
28

•HR 4518 EH

1 tion that is a low power television station within

2 the station’s local market, but outside of the

3 35-mile or 20-mile radius described in the pre4 ceding sentence, shall be subject to royalty pay5 ments under section (b)(1)(B).

6 ‘‘(E) LIMITATION TO SUBSCRIBERS TAK7 ING LOCAL-INTO-LOCAL SERVICE.—Secondary

8 transmissions provided for in subparagraph (A)

9 may be made only to subscribers who receive

10 secondary transmissions of primary trans11 missions from that satellite carrier pursuant to

12 the statutory license under section 122, and

13 only in conformity with the requirements under

14 340(b) of the Communications Act of 1934, as

15 in effect on the date of the enactment of the

16 Satellite Home Viewer Extension and Reauthor17 ization Act of 2004.’’.

18 SEC. 105. DEFINITIONS.

19 Section 119(d) of title 17, United States Code, is

20 amended—

21 (1) in paragraph (2)(A), by striking ‘‘a tele22 vision broadcast station’’ and inserting ‘‘a television

23 station licensed by the Federal Communications

24 Commission’’;
29

•HR 4518 EH

1 (2) by amending paragraph (9) to read as fol2 lows:

3 ‘‘(9) SUPERSTATION.—The term ‘superstation’

4 means a television station, other than a network sta5 tion, licensed by the Federal Communications Com6 mission, that is secondarily transmitted by a satellite

7 carrier.’’;

8 (3) in paragraph (10)—

9 (A) in subparagraph (B), by striking

10 ‘‘granted under regulations established under

11 section 339(c)(2) of the Communications Act of

12 1934’’ and inserting ‘‘that meets the standards

13 of subsection (a)(14) whether or not the waiver

14 was granted before the date of the enactment of

15 the Satellite Home Viewer Extension and Reau16 thorization Act of 2004’’; and

17 (B) in subparagraph (D), by striking

18 ‘‘(a)(11)’’ and inserting ‘‘(a)(12)’’; and

19 (4) by striking paragraphs (11) and (12) and

20 inserting the following:

21 ‘‘(11) LOCAL MARKET.—The term ‘local mar22 ket’ has the meaning given such term under section

23 122(j), except that with respect to a low power tele24 vision station, the term ‘local market’ means the
30

•HR 4518 EH

1 designated market area in which the station is lo2 cated.

3 ‘‘(12) LOW POWER TELEVISION STATION.—The

4 term ‘low power television station’ means a low

5 power television as defined under section 74.701(f)

6 of title 47, Code of Federal Regulations, as in effect

7 on June 1, 2004. For purposes of this paragraph,

8 the term ‘‘low power television station’’ includes a

9 low power television station that has been accorded

10 primary status as a Class A television licensee under

11 section 73.6001(a) of title 47, Code of Federal Reg12 ulations.

13 ‘‘(13) COMMERCIAL ESTABLISHMENT.—The

14 term ‘commercial establishment’—

15 ‘‘(A) means an establishment used for

16 commercial purposes, such as a bar, restaurant,

17 private office, fitness club, oil rig, retail store,

18 bank or other financial institution, super19 market, automobile or boat dealership, or any

20 other establishment with a common business

21 area; and

22 ‘‘(B) does not include a multi-unit perma23 nent or temporary dwelling where private home

24 viewing occurs, such as a hotel, dormitory, hos25 pital, apartment, condominium, or prison.’’.
31

•HR 4518 EH

1 SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.

2 Nothing in this title shall modify any remedy imposed

3 on a party that is required by the judgment of a court

4 in any action that was brought before May 1, 2004,

5 against that party for a violation of section 119 of title

6 17, United States Code.

7 SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS

8 RETRANSMITTING SUPERSTATION SIGNALS

9 TO COMMERCIAL ESTABLISHMENTS.

10 (a) IN GENERAL.—Section 119 of title 17, United

11 States Code, is amended—

12 (1) in subsection (a)(1)—

13 (A) by inserting ‘‘or for viewing in a com14 mercial establishment’’ after ‘‘for private home

15 viewing’’ each place it appears; and

16 (B) by striking ‘‘household’’ and inserting

17 ‘‘subscriber’’;

18 (2) in subsection (b), by striking ‘‘for private

19 home viewing’’ each place it appears;

20 (3) in subsection (d)(1)—

21 (A) by striking ‘‘for private home viewing’’;

22 and

23 (B) by inserting ‘‘in accordance with the

24 provisions of this section’’ before the period;

25 (4) in subsection (d)(6), by inserting ‘‘pursuant

26 to this section’’ before the period; and
32

•HR 4518 EH

1 (5) in subsection (d)(8)—

2 (A) by striking ‘‘who’’ and inserting ‘‘or

3 entity that’’;

4 (B) by striking ‘‘for private home view5 ing’’; and

6 (C) by inserting ‘‘in accordance with the

7 provisions of this section’’ before the period.

8 (b) CONFORMING AMENDMENTS.— Subsections

9 (a)(4) and (d)(1)(A) of section 111 of title 17, United

10 States Code, are each amended by striking ‘‘for private

11 home viewing’’.

12 SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY

13 AGREEMENTS TO PROVIDE SATELLITE SEC14 ONDARY TRANSMISSIONS TO LOCAL MAR15 KETS.

16 Section 119 of title 17, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(f) EXPEDITED CONSIDERATION BY JUSTICE DE19 PARTMENT OF VOLUNTARY AGREEMENTS TO PROVIDE

20 SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MAR21 KETS.—

22 ‘‘(1) IN GENERAL.—In a case in which no sat23 ellite carrier makes available, to subscribers located

24 in a local market, as defined in section 122(j)(2),

25 the secondary transmission into that market of a
33

•HR 4518 EH

1 primary transmission of one or more television

2 broadcast stations licensed by the Federal Commu3 nications Commission, and two or more satellite car4 riers request a business review letter in accordance

5 with section 50.6 of title 28, Code of Federal Regu6 lations (as in effect on July 7, 2004), in order to as7 sess the legality under the antitrust laws of proposed

8 business conduct to make or carry out an agreement

9 to provide such secondary transmission into such

10 local market, the appropriate official of the Depart11 ment of Justice shall respond to the request no later

12 than 90 days after the date on which the request is

13 received.

14 ‘‘(2) DEFINITION.—For purposes of this sub15 section, the term ‘antitrust laws’—

16 ‘‘(A) has the meaning given that term in

17 subsection (a) of the first section of the Clayton

18 Act (15 U.S.C. 12(a)), except that such term

19 includes section 5 of the Federal Trade Com20 mission Act (15 U.S.C. 45) to the extent such

21 section 5 applies to unfair methods of competi22 tion; and

23 ‘‘(B) includes any State law similar to the

24 laws referred to in paragraph (1).’’.
34

•HR 4518 EH

1 SEC. 109. STUDY.

2 No later than June 30, 2008, the Register of Copy3 rights shall report to the Committee on the Judiciary of

4 the House of Representatives and the Committee on the

5 Judiciary of the Senate the Register’s findings and rec6 ommendations on the operation and revision of the statu7 tory licenses under sections 111, 119, and 122 of title 17,

8 United States Code. The report shall include, but not be

9 limited to, the following:

10 (1) A comparison of the royalties paid by licens11 ees under such sections, including historical rates of

12 increases in these royalties, a comparison between

13 the royalties under each such section and the prices

14 paid in the marketplace for comparable program15 ming.

16 (2) An analysis of the differences in the terms

17 and conditions of the licenses under such sections,

18 an analysis of whether these differences are required

19 or justified by historical, technological, or regulatory

20 differences that affect the satellite and cable indus21 tries, and an analysis of whether the cable or sat22 ellite industry is placed in a competitive disadvan23 tage due to these terms and conditions.

24 (3) An analysis of whether the licenses under

25 such sections are still justified by the bases upon

26 which they were originally created.
35

•HR 4518 EH

1 (4) An analysis of the correlation, if any, be2 tween the royalties, or lack thereof, under such sec3 tions and the fees charged to cable and satellite sub4 scribers, addressing whether cable and satellite com5 panies have passed to subscribers any savings real6 ized as a result of the royalty structure and amounts

7 under such sections.

8 (5) An analysis of issues that may arise with

9 respect to the application of the licenses under such

10 sections to the secondary transmissions of the pri11 mary transmissions of network stations and super12 stations that originate as digital signals, including

13 issues that relate to the application of the unserved

14 household limitations under section 119 of title 17,

15 United States Code, and to the determination of roy16 alties of cable systems and satellite carriers.

17 TITLE II—FEDERAL COMMU18 NICATIONS COMMISSION OP19 ERATIONS

20 SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EX21 EMPTION.

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

23 1934 (47 U.S.C. 325(b)(2)(C)) is amended by striking

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

25 2009’’.
36

•HR 4518 EH

1 SEC. 202. CABLE/SATELLITE COMPARABILITY.

2 (a) AMENDMENT.—Part I of title III of the Commu3 nications Act of 1934 is amended by inserting after sec4 tion 339 (47 U.S.C. 339) the following new section:

5 ‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED

6 TO BE CARRIED.

7 ‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addi8 tion to the broadcast signals that subscribers may receive

9 under section 338 and 339, a satellite carrier is also au10 thorized to retransmit to a subscriber located in a commu11 nity the signal of any station located outside the local mar12 ket in which such subscriber is located, to the extent such

13 signal—

14 ‘‘(1) has, before the date of enactment of the

15 Satellite Home Viewer Extension and Reauthoriza16 tion Act of 2004, been determined by the Federal

17 Communications Commission to be a signal a cable

18 operator may carry as significantly viewed in such

19 community, except to the extent that such signal is

20 prevented from being carried by a cable system in

21 such community under the Commission’s network

22 nonduplication and syndicated exclusivity rules; or

23 ‘‘(2) is, after such date of enactment, deter24 mined by the Commission to be significantly viewed

25 in such community in accordance with the same

26 standards and procedures concerning shares of view-
37

•HR 4518 EH

1 ing hours and audience surveys as are applicable

2 under the rules, regulations, and authorizations of

3 the Commission to determining with respect to a

4 cable system whether signals are significantly viewed

5 in a community.

6 ‘‘(b) LIMITATIONS.—

7 ‘‘(1) ANALOG SERVICE LIMITED TO SUB8 SCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE.—

9 With respect to a signal that originates as an analog

10 signal of a network station, this section shall apply

11 only to retransmissions to subscribers of a satellite

12 carrier who receive retransmissions from that sat13 ellite carrier pursuant to section 338.

14 ‘‘(2) DIGITAL SERVICE LIMITATIONS.—With re15 spect to a signal that originates as a digital signal

16 of a network station, this section shall apply only

17 if—

18 ‘‘(A) the subscriber receives from the sat19 ellite carrier pursuant to section 338 the re20 transmission of the digital signal of a network

21 station in the subscriber’s local market that is

22 affiliated with the same television network; and

23 ‘‘(B) either—

24 ‘‘(i) the retransmission of the local

25 network station occupies at least the equiv-
38

•HR 4518 EH

1 alent bandwidth as the digital signal re2 transmitted pursuant to this section; or

3 ‘‘(ii) the retransmission of the local

4 network station is comprised of the entire

5 bandwidth of the digital signal broadcast

6 by such local network station.

7 ‘‘(3) LIMITATION NOT APPLICABLE WHERE NO

8 NETWORK AFFILIATES.—The limitations in para9 graphs (1) and (2) shall not prohibit a retrans10 mission under this section to a subscriber located in

11 a local market in which there are no network sta12 tions affiliated with the same television network as

13 the station whose signal is being retransmitted pur14 suant to this section.

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

16 WAIVERS.—Paragraphs (1) and (2) shall not pro17 hibit a retransmission of a network station to a sub18 scriber if and to the extent that the network station

19 in the local market in which the subscriber is lo20 cated, and that is affiliated with the same television

21 network, has privately negotiated and affirmatively

22 granted a waiver from the requirements of para23 graph (1) and (2) to such satellite carrier with re24 spect to retransmission of the significantly viewed

25 station to such subscriber.
39

•HR 4518 EH

1 ‘‘(c) PUBLICATION AND MODIFICATIONS OF LISTS;

2 REGULATIONS.—

3 ‘‘(1) IN GENERAL.—The Commission shall—

4 ‘‘(A) within 60 days after the date of en5 actment of the Satellite Home Viewer Exten6 sion and Reauthorization Act of 2004—

7 ‘‘(i) publish a list of the stations that

8 are eligible for retransmission under sub9 section (a) (1) and the communities in

10 which such stations are eligible for such re11 transmission; and

12 ‘‘(ii) commence a rulemaking pro13 ceeding to implement this section by publi14 cation of a notice of proposed rulemaking;

15 ‘‘(B) adopt rules pursuant to such rule16 making within one year after such date of en17 actment.

18 ‘‘(2) PUBLIC AVAILABILITY OF LIST.—The

19 Commission shall make readily available to the pub20 lic in electronic form, on the Internet website of the

21 Commission or other comparable facility, a list of

22 the stations that are eligible for retransmission

23 under subsection (a) and the communities in which

24 such stations are eligible for such retransmission.

25 The Commission shall update such list within 10
40

•HR 4518 EH

1 business days after the date on which the Commis2 sion issues an order making any modification of

3 such stations and communities.

4 ‘‘(3) MODIFICATIONS.—In addition to cable op5 erators and television broadcast station licensees, the

6 Commission shall permit a satellite carrier to peti7 tion for decisions and orders—

8 ‘‘(A) by which stations may be added to

9 those that are eligible for retransmission under

10 subsection (a), and by which communities may

11 be added in which such stations are eligible for

12 such retransmission; and

13 ‘‘(B) by which network nonduplication or

14 syndicated exclusivity regulations are applied to

15 the retransmission in accordance with sub16 section (e).

17 ‘‘(d) EFFECT ON OTHER OBLIGATIONS AND

18 RIGHTS.—

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

20 Carriage of a signal under this section is not manda21 tory, and any right of a station licensee to have the

22 signal of such station carried under section 338 is

23 not affected by the eligibility of such station to be

24 carried under this section.
41

•HR 4518 EH

1 ‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT

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

3 to be carried under this section does not affect any

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

5 withhold) retransmission consent under section

6 325(b)(1).

7 ‘‘(e) NETWORK NONDUPLICATION AND SYNDICATED

8 EXCLUSIVITY.—

9 ‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED

10 BY COMMISSION REGULATIONS.—Signals eligible to

11 be carried under this section are not subject to the

12 Commission’s regulations concerning network non13 duplication or syndicated exclusivity unless, pursu14 ant to regulations adopted by the Commission, the

15 Commission determines to permit network non16 duplication or syndicated exclusivity to apply within

17 the appropriate zone of protection.

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

19 or Commission regulations shall permit the applica20 tion of network nonduplication or syndicated exclu21 sivity regulations to the retransmission of distant

22 signals of network stations that are carried by a sat23 ellite carrier pursuant to a statutory license under

24 section 119(a)(2)(A) or (B), with respect to persons
42

•HR 4518 EH

1 who reside in unserved households, under

2 119(a)(4)(A), or under section 119(a)(12).

3 ‘‘(f) ENFORCEMENT.—

4 ‘‘(1) ORDERS AND DAMAGES.—Upon complaint,

5 the Commission shall issue a cease and desist order

6 to any satellite carrier found to have violated this

7 section in carrying any television broadcast station.

8 Such order may, if a complaining station requests

9 damages—

10 ‘‘(A) provide for the award of damages to

11 a complaining station that establishes that the

12 violation was committed in bad faith, in an

13 amount up to $50 per subscriber, per station,

14 per day of the violation; and

15 ‘‘(B) provide for the award of damages to

16 a prevailing satellite carrier if the Commission

17 determines that the complaint was frivolous, in

18 an amount up to $50 per subscriber alleged to

19 be in violation, per station alleged, per day of

20 the alleged violation.

21 ‘‘(2) COMMISSION DECISION.—The Commission

22 shall issue a final determination resolving a com23 plaint brought under this subsection not later than

24 180 days after the submission of a complaint under

25 this subsection. The Commission may hear witnesses
43

•HR 4518 EH

1 if it clearly appears, based on written filings by the

2 parties, that there is a genuine dispute about mate3 rial facts. Except as provided in the preceding sen4 tence, the Commission may issue a final ruling

5 based on written filings by the parties.

6 ‘‘(3) REMEDIES IN ADDITION.—The remedies

7 under this subsection are in addition to any rem8 edies available under title 17, United States Code.

9 ‘‘(4) NO EFFECT ON COPYRIGHT PRO10 CEEDINGS.—Any determination, action, or failure to

11 act of the Commission under this subsection shall

12 have no effect on any proceeding under title 17,

13 United States Code, and shall not be introduced in

14 evidence in any proceeding under that title. In no in15 stance shall a Commission enforcement proceeding

16 under this subsection be required as a predicate to

17 the pursuit of a remedy available under title 17.

18 ‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED

19 STATIONS.—Each satellite carrier that proposes to com20 mence the retransmission of a station pursuant to this sec21 tion in any local market shall—

22 ‘‘(1) not less than 60 days before commencing

23 such retransmission, provide a written notice to any

24 television broadcast station in such local market of

25 such proposal; and
44

•HR 4518 EH

1 ‘‘(2) designate on such carrier’s website all sig2 nificantly viewed signals carried pursuant to section

3 340 and the communities in which the signals are

4 carried.

5 ‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN

6 REGULATIONS.—

7 ‘‘(1) COMMUNITY-BY-COMMUNITY ELEC8 TIONS.—The Commission shall, no later than April

9 30, 2005, revise section 76.66 of its regulations (47

10 CFR 76.66), concerning satellite broadcast signal

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

12 under section 325) a television broadcast station

13 that is located in a local market into which a sat14 ellite carrier retransmits a television broadcast sta15 tion pursuant to section 338, to elect, with respect

16 to such satellite carrier, between retransmission con17 sent pursuant to such section 325 and mandatory

18 carriage pursuant to section 338 separately for each

19 county within such station’s local market, if—

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

21 station, pursuant to paragraph (3), that it in22 tends to carry another affiliate of the same net23 work pursuant to this section during the rel24 evant election period in the station’s local mar25 ket; or
45

•HR 4518 EH

1 ‘‘(B) on the date notification under para2 graph (3) was due, the satellite carrier was re3 transmitting into the station’s local market pur4 suant to this section an affiliate of the same tel5 evision network.

6 ‘‘(2) UNIFIED NEGOTIATIONS.—In revising its

7 regulations as required by paragraph (1), the Com8 mission shall provide that any such station shall con9 duct a unified negotiation for the entire portion of

10 its local market for which retransmission consent is

11 elected.

12 ‘‘(3) ADDITIONAL PROVISIONS.—The Commis13 sion shall, no later than April 30, 2005, revise its

14 regulations to provide the following:

15 ‘‘(A) NOTIFICATIONS BY SATELLITE CAR16 RIER.—A satellite carrier’s retransmission of

17 television broadcast stations pursuant to this

18 section shall be subject to the following limita19 tions:

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

21 satellite carrier provides service pursuant

22 to section 338 on the date of enactment of

23 the Satellite Home Viewer Extension and

24 Reauthorization Act of 2004, the carrier

25 may notify a television broadcast station in
46

•HR 4518 EH

1 that market, at least 60 days prior to any

2 date on which the station must thereafter

3 make an election under section 76.66 of

4 the Commission’s regulations (47 CFR

5 76.66), of—

6 ‘‘(I) each affiliate of the same

7 television network that the carrier re8 serves the right to retransmit into

9 that station’s local market pursuant

10 to this section during the next election

11 cycle under such section of such regu12 lations; and

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

14 communities into which the satellite

15 carrier reserves the right to make

16 such retransmissions.

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

18 satellite carrier commences service pursu19 ant to section 338 after the date of enact20 ment of the Satellite Home Viewer Exten21 sion and Reauthorization Act of 2004, the

22 carrier may notify a station in that mar23 ket, at least 60 days prior to the introduc24 tion of such service in that market, and

25 thereafter at least 60 days prior to any
47

•HR 4518 EH

1 date on which the station must thereafter

2 make an election under section 76.66 of

3 the Commission’s regulations (47 CFR

4 76.66), of each affiliate of the same tele5 vision network that the carrier reserves the

6 right to retransmit into that station’s local

7 market during the next election cycle

8 under such section of such regulations.

9 ‘‘(iii) Beginning with the 2005 elec10 tion cycle, a satellite carrier may only re11 transmit pursuant to this section during

12 the pertinent election period a signal—

13 ‘‘(I) as to which it has provided

14 the notifications set forth in clauses

15 (i) and (ii); or

16 ‘‘(II) that it was retransmitting

17 into the local market under this sec18 tion as of the date such notifications

19 were due.

20 ‘‘(B) HARMONIZATION OF ELECTIONS AND

21 RETRANSMISSION CONSENT AGREEMENTS.—If a

22 satellite carrier notifies a television broadcast

23 station that it reserves the right to retransmit

24 an affiliate of the same television network dur25 ing the next election cycle pursuant to this sec-
48

•HR 4518 EH

1 tion, the station may choose between retrans2 mission consent and mandatory carriage for

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

4 not covered by an existing retransmission con5 sent agreement.

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

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

8 SUBSCRIBER; TELEVISION BROADCAST STATION.—

9 The terms ‘local market’, ‘satellite carrier’, ‘sub10 scriber’, and ‘television broadcast station’ have the

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

12 ‘‘(2) NETWORK STATION; TELEVISION NET13 WORK.—The terms ‘network station’ and ‘television

14 network’ have the meanings given such terms in sec15 tion 339(d).

16 ‘‘(3) COMMUNITY.—The term ‘community’

17 means—

18 ‘‘(A) a county or a cable community, as de19 termined under the rules, regulations, and au20 thorizations of the Commission applicable to de21 termining with respect to a cable system wheth22 er signals are significantly viewed; or

23 ‘‘(B) a satellite community, as determined

24 under such rules, regulations, and authoriza25 tions (or revisions thereof) as the Commission
49

•HR 4518 EH

1 may prescribe in implementing the require2 ments of this section.

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

4 bandwidth’ and ‘entire bandwidth’ shall be defined

5 by the Commission by regulation.’’.

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

7 DISH.

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

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

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

12 (2) by inserting after subsection (f) the fol13 lowing new subsection:

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

15 DISH.—

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

17 retransmits the analog signals of local television

18 broadcast stations in a local market shall retransmit

19 such analog signals in such market by means of a

20 single reception antenna and associated equipment.

21 ‘‘(2) EXCEPTION.—If the carrier retransmits

22 signals in the digital television service, the carrier

23 shall retransmit such digital signals in such market

24 by means of a single reception antenna and associ25 ated equipment, but such antenna and associated
50

•HR 4518 EH

1 equipment may be separate from the single reception

2 antenna and associated equipment used for analog

3 television service signals.

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

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

6 on and after one year after the date of enactment

7 of the Satellite Home Viewer Extension and Reau8 thorization Act of 2004.

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

10 is providing signals of a local television broadcast

11 station in a local market under this section on the

12 date of enactment of the Satellite Home Viewer Ex13 tension and Reauthorization Act of 2004 shall, not

14 later than 270 days after such date of enactment,

15 provide to the licensees for such stations and the

16 carrier’s subscribers in such local market a notice

17 that displays prominently and conspicuously a clear

18 statement of—

19 ‘‘(A) any reallocation of signals between

20 different reception antennas and associated

21 equipment that the carrier intends to make in

22 order to comply with the requirements of this

23 subsection;
51

•HR 4518 EH

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

2 obtain an additional reception antenna and as3 sociated equipment to receive such signals; and

4 ‘‘(C) any cessation of carriage or other ma5 terial change in the carriage of signals as a con6 sequence of the requirements of this para7 graph.’’.

8 (b) CONFORMING AMENDMENTS: COMMISSION EN9 FORCEMENT OF SECTION; LOW POWER TELEVISION STA10 TIONS.—

11 (1) Section 338(a) of such Act is amended by

12 striking paragraphs (1) and (2) and inserting the

13 following:

14 ‘‘(1) IN GENERAL.—Each satellite carrier pro15 viding, under section 122 of title 17, United States

16 Code, secondary transmissions to subscribers located

17 within the local market of a television broadcast sta18 tion of a primary transmission made by that station

19 shall carry upon request the signals of all television

20 broadcast stations located within that local market,

21 subject to section 325(b).

22 ‘‘(2) REMEDIES FOR FAILURE TO CARRY.—In

23 addition to the remedies available to television

24 broadcast stations under section 501(f) of title 17,

25 United States Code, the Commission may use the
52

•HR 4518 EH

1 Commission’s authority under this Act to assure

2 compliance with the obligations of this subsection,

3 but in no instance shall a Commission enforcement

4 proceeding be required as a predicate to the pursuit

5 of a remedy available under such section 501(f).

6 ‘‘(3) LOW POWER STATION CARRIAGE OP7 TIONAL.—No low power television station whose sig8 nals are provided under section 119(a)(14) of title

9 17, United States Code, shall be entitled to insist on

10 carriage under this section, regardless of whether

11 the satellite carrier provides secondary transmissions

12 of the primary transmissions of other stations in the

13 same local market pursuant to section 122 of such

14 title, nor shall any such carriage be considered in

15 connection with the requirements of subsection (c) of

16 this section.’’.

17 (2) Section 338(c)(1) of such Act is amended

18 by striking ‘‘subsection (a)’’ and inserting ‘‘sub19 section (a)(1)’’.

20 (3) Section 338(k) of such Act (as redesignated

21 by subsection (a)(1)) is amended—

22 (A) by redesignating paragraphs (4)

23 through (7) as paragraphs (5) through (8), re24 spectively; and
53

•HR 4518 EH

1 (B) by inserting after paragraph (3) the

2 following new paragraph:

3 ‘‘(4) LOW POWER TELEVISION STATION.—The

4 term ‘low power television station’ means a low

5 power television station as defined under section

6 74.701(f) of title 47, Code of Federal Regulations,

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

8 paragraph, the term ‘‘low power television station’’

9 includes a low power television station that has been

10 accorded primary status as a Class A television li11 censee under section 73.6001(a) of title 47, Code of

12 Federal Regulations.’’.

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:
54

•HR 4518 EH

1 ‘‘(A) RULES FOR GRANDFATHERED SUB2 SCRIBERS.—

3 ‘‘(i) FOR THOSE RECEIVING DISTANT

4 SIGNALS.—In the case of a subscriber of a

5 satellite carrier who is eligible to receive

6 the signal of a network station solely by

7 reason of section 119(e) of title 17, United

8 States Code (in this subparagraph referred

9 to as a ‘distant signal’), and who, as of Oc10 tober 1, 2004, is receiving the distant sig11 nal of that network station, the following

12 shall apply:

13 ‘‘(I) In a case in which the sat14 ellite carrier makes available to the

15 subscriber the signal of a local net16 work station affiliated with the same

17 television network pursuant to section

18 338, the carrier may only provide the

19 secondary transmissions of the distant

20 signal of a station affiliated with the

21 same network to that subscriber—

22 ‘‘(aa) if, within 60 days

23 after receiving the notice of the

24 satellite carrier under section

25 338(h)(1) of this Act, the sub-
55

•HR 4518 EH

1 scriber elects to retain the dis2 tant signal; but

3 ‘‘(bb) only until such time as

4 the subscriber elects to receive

5 such local signal.

6 ‘‘(II) Notwithstanding subclause

7 (I), the carrier may not retransmit

8 the distant signal to any subscriber

9 who is eligible to receive the signal of

10 a network station solely by reason of

11 section 119(e) of title 17, United

12 States Code, unless such carrier, with13 in 60 days after the date of the enact14 ment of the Satellite Home Viewer

15 Extension and Reauthorization Act of

16 2004, submits to that television net17 work the list and statement required

18 by subparagraph (E)(i).

19 ‘‘(ii) FOR THOSE NOT RECEIVING DIS20 TANT SIGNALS.—In the case of any sub21 scriber of a satellite carrier who is eligible

22 to receive the distant signal of a network

23 station solely by reason of section 119(e)

24 of title 17, United States Code, and who

25 did not receive a distant signal of a station
56

•HR 4518 EH

1 affiliated with the same network on Octo2 ber 1, 2004, the carrier may not provide

3 the secondary transmissions of the distant

4 signal of a station affiliated with the same

5 network to that subscriber.

6 ‘‘(B) RULES FOR OTHER SUBSCRIBERS.—

7 In the case of a subscriber of a satellite carrier

8 who is eligible to receive the signal of a network

9 station under this section (in this subparagraph

10 referred to as a ‘distant signal’), other than

11 subscribers to whom subparagraph (A) applies,

12 the following shall apply:

13 ‘‘(i) In a case in which the satellite

14 carrier makes available to that subscriber,

15 on January 1, 2005, the signal of a local

16 network station affiliated with the same

17 television network pursuant to section 338,

18 the carrier may only provide the secondary

19 transmissions of the distant signal of a

20 station affiliate with the same network to

21 that subscriber if the subscriber’s satellite

22 carrier, not later than March 1, 2005, sub23 mits to that television network the list and

24 statement required by subparagraph

25 (E)(i).
57

•HR 4518 EH

1 ‘‘(ii) In a case in which the satellite

2 carrier does not make available to that

3 subscriber, on January 1, 2005, the signal

4 of a local network station pursuant to sec5 tion 338, the carrier may only provide the

6 secondary transmissions of the distant sig7 nal of a station affiliated with the same

8 network to that subscriber if—

9 ‘‘(I) that subscriber seeks to sub10 scribe to such distant signal before

11 the date on which such carrier com12 mences to carry pursuant to section

13 338 the signals of stations from the

14 local market of such local network

15 station; and

16 ‘‘(II) the satellite carrier, within

17 60 days after such date, submits to

18 each television network the list and

19 statement required by subparagraph

20 (E)(ii).

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

22 carrier may not provide a distant signal (within

23 the meaning of subparagraph (A) or (B)) to a

24 person who—
58

•HR 4518 EH

1 ‘‘(i) is not a subscriber lawfully receiv2 ing such secondary transmission as of the

3 date of the enactment of the Satellite

4 Home Viewer Extension and Reauthoriza5 tion Act of 2004; and

6 ‘‘(ii) at the time such person seeks to

7 subscribe to receive such secondary trans8 mission, resides in a local market where

9 the satellite carrier makes available to that

10 person the signal of a local network station

11 affiliated with the same television network

12 pursuant to section 338.

13 ‘‘(D) AUTHORITY TO GRANT STATION-SPE14 CIFIC WAIVERS.—This paragraph shall not pro15 hibit a retransmission of a distant signal (with16 in the meaning of subparagraph (A) or (B)) of

17 any distant network station to any subscriber to

18 whom the signal of a local network station af19 filiated with the same network is available pur20 suant to section 338, if and to the extent that

21 such local network station has affirmatively

22 granted a waiver from the requirements of this

23 paragraph to such satellite carrier with respect

24 to retransmission of such distant network sta25 tion to such subscriber.
59

•HR 4518 EH

1 ‘‘(E) NOTICES TO NETWORKS OF DISTANT

2 SIGNAL SUBSCRIBERS.—

3 ‘‘(i) Within 60 days after the date of

4 enactment of the Satellite Home Viewer

5 Extension and Reauthorization Act of

6 2004, each satellite carrier that provides a

7 distant signal of a network station to a

8 subscriber pursuant to subparagraph (A)

9 or (B)(i) of this paragraph shall submit to

10 each network—

11 ‘‘(I) a list, aggregated by des12 ignated market area, identifying each

13 subscriber provided such a signal by—

14 ‘‘(aa) name;

15 ‘‘(bb) address (street or

16 rural route number, city, State,

17 and zip code); and

18 ‘‘(cc) the distant network

19 signal or signals received; and

20 ‘‘(II) a statement that, to the

21 best of the carrier’s knowledge and

22 belief after having made diligent and

23 good faith inquiries, the subscriber is

24 qualified under the existing law to re25 ceive the distant network signal or
60

•HR 4518 EH

1 signals pursuant to subparagraph (A)

2 or (B)(i) of this paragraph.

3 ‘‘(ii) Within 60 days after the date a

4 satellite carrier commences to carry pursu5 ant to section 338 the signals of stations

6 from a local market, such a satellite carrier

7 that provides a distant signal of a network

8 station to a subscriber pursuant to sub9 paragraph (B)(ii) of this paragraph shall

10 submit to each network—

11 ‘‘(I) a list identifying each sub12 scriber in that local market provided

13 such a signal by—

14 ‘‘(aa) name;

15 ‘‘(bb) address (street or

16 rural route number, city, State,

17 and zip code); and

18 ‘‘(cc) the distant network

19 signal or signals received; and

20 ‘‘(II) a statement that, to the

21 best of the carrier’s knowledge and

22 belief after having made diligent and

23 good faith inquiries, the subscriber is

24 qualified under the existing law to re25 ceive the distant network signal or
61

•HR 4518 EH

1 signals pursuant to subparagraph

2 (B)(ii) of this paragraph.

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

5 eligibility of a subscriber to receive secondary

6 transmissions under section 340 of this Act or

7 as an unserved household included under sec8 tion 119(a)(12) of title 17, United States Code.

9 ‘‘(G) AVAILABLE DEFINED.—For purposes

10 of this paragraph, a satellite carrier makes

11 available a local signal to a subscriber or person

12 if the satellite carrier offers that local signal to

13 other subscribers who reside in the same zip

14 code as that subscriber or person.’’.

15 SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NET16 WORKS, AND STATIONS CONCERNING SIGNAL

17 CARRIAGE.

18 Section 338 of the Communications Act of 1934 (47

19 U.S.C. 338) is further amended by inserting after sub20 section (g) (as added by section 203) the following new

21 subsection:

22 ‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NET23 WORKS, AND STATIONS CONCERNING SIGNAL CAR24 RIAGE.—
62

•HR 4518 EH

1 ‘‘(1) NOTICES TO AND ELECTIONS BY SUB2 SCRIBERS CONCERNING GRANDFATHERED SIG3 NALS.—Any carrier that provides a distant signal of

4 a network station to a subscriber pursuant section

5 339(a)(2)(A) shall—

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

7 of a network station of the same television net8 work is available pursuant to section 338, or

9 within 60 days after the date of enactment of

10 the Satellite Home Viewer Extension and Reau11 thorization Act of 2004, whichever is later, send

12 a notice to the subscriber—

13 ‘‘(i) offering to substitute the local

14 network signal for the duplicating distant

15 network signal; and

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

17 the subscriber fails to respond in 60 days,

18 the subscriber will lose the distant network

19 signal but will be permitted to subscribe to

20 the local network signal; and

21 ‘‘(B) if the subscriber—

22 ‘‘(i) elects to substitute such local net23 work signal within such 60 days, switch

24 such subscriber to such local network sig-
63

•HR 4518 EH

1 nal within 10 days after the end of such

2 60-day period; or

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

4 days, terminate the distant network signal

5 within 10 days after the end of such 60-

6 day period.

7 ‘‘(2) NOTICE TO STATION LICENSEES OF COM8 MENCEMENT OF LOCAL-INTO-LOCAL SERVICE.—

9 ‘‘(A) NOTICE REQUIRED.—Within 180

10 days after the date of enactment of the Satellite

11 Home Viewer Extension and Reauthorization

12 Act of 2004, the Commission shall revise the

13 regulations under this section relating to notice

14 to broadcast station licensees to comply with

15 the requirements of this paragraph.

16 ‘‘(B) CONTENTS OF COMMENCEMENT NO17 TICE.—The notice required by such regulations

18 shall inform each television broadcast station li19 censee within any local market in which a sat20 ellite carrier proposes to commence carriage of

21 signals of stations from that market, not later

22 than 60 days prior to the commencement of

23 such carriage—

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

25 launch local-into-local service under this
64

•HR 4518 EH

1 section in a local market, the identity of

2 that local market, and the location of the

3 carrier’s proposed local receive facility for

4 that local market;

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

6 elect carriage under this section or grant

7 retransmission consent under section

8 325(b);

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

10 from the date of the receipt of such notice

11 to make such election; and

12 ‘‘(iv) that failure to make such elec13 tion will result in the loss of the right to

14 demand carriage under this section for the

15 remainder of the 3-year cycle of carriage

16 under section 325.

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

18 regulations shall require that each satellite car19 rier shall transmit the notices required by such

20 regulation via certified mail to the address for

21 such television station licensee listed in the con22 solidated database system maintained by the

23 Commission.’’.
65

•HR 4518 EH

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;
66

•HR 4518 EH

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
67

•HR 4518 EH

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 personally identifiable

14 information concerning any subscriber without

15 the prior written or electronic consent of the

16 subscriber concerned.

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

18 may use such facilities to collect such informa19 tion in order to—

20 ‘‘(i) obtain information necessary to

21 render a satellite service or other service

22 provided by the satellite carrier to the sub23 scriber; or

24 ‘‘(ii) detect unauthorized reception of

25 satellite communications.
68

•HR 4518 EH

1 ‘‘(4) DISCLOSURE.—

2 ‘‘(A) CONSENT TO DISCLOSURE.—Except

3 as provided in subparagraph (B), a satellite

4 carrier shall not disclose personally identifiable

5 information concerning any subscriber without

6 the prior written or electronic consent of the

7 subscriber concerned and shall take such ac8 tions as are necessary to prevent unauthorized

9 access to such information by a person other

10 than the subscriber or satellite carrier.

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

12 may disclose such information if the disclosure

13 is—

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

15 legitimate business activity related to, a

16 satellite service or other service provided

17 by the satellite carrier to the subscriber;

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

19 pursuant to a court order authorizing such

20 disclosure, if the subscriber is notified of

21 such order by the person to whom the

22 order is directed;

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

24 addresses of subscribers to any satellite

25 service or other service, if—
69

•HR 4518 EH

1 ‘‘(I) the satellite carrier has pro2 vided the subscriber the opportunity

3 to prohibit or limit such disclosure;

4 and

5 ‘‘(II) the disclosure does not re6 veal, directly or indirectly, the—

7 ‘‘(aa) extent of any viewing

8 or other use by the subscriber of

9 a satellite service or other service

10 provided by the satellite carrier;

11 or

12 ‘‘(bb) the nature of any

13 transaction made by the sub14 scriber over any facilities used by

15 the satellite carrier; or

16 ‘‘(iv) to a government entity as au17 thorized under chapters 119, 121, or 206

18 of title 18, United States Code, except that

19 such disclosure shall not include records

20 revealing satellite subscriber selection of

21 video programming from a satellite carrier.

22 ‘‘(5) ACCESS BY SUBSCRIBER.—A satellite sub23 scriber shall be provided access to all personally

24 identifiable information regarding that subscriber

25 which is collected and maintained by a satellite car-
70

•HR 4518 EH

1 rier. Such information shall be made available to the

2 subscriber at reasonable times and at a convenient

3 place designated by such satellite carrier. A satellite

4 subscriber shall be provided reasonable opportunity

5 to correct any error in such information.

6 ‘‘(6) DESTRUCTION OF INFORMATION.—A sat7 ellite carrier shall destroy personally identifiable in8 formation if the information is no longer necessary

9 for the purpose for which it was collected and there

10 are no pending requests or orders for access to such

11 information under paragraph (5) or pursuant to a

12 court order.

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

14 any act of a satellite carrier in violation of this sec15 tion may bring a civil action in a United States dis16 trict court. The court may award—

17 ‘‘(A) actual damages but not less than liq18 uidated damages computed at the rate of $100

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

20 whichever is higher;

21 ‘‘(B) punitive damages; and

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

23 litigation costs reasonably incurred.
71

•HR 4518 EH

1 The remedy provided by this subsection shall be in

2 addition to any other lawful remedy available to a

3 satellite subscriber.

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

5 this title shall be construed to prohibit any State

6 from enacting or enforcing laws consistent with this

7 section for the protection of subscriber privacy.

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

9 paragraph (4)(B)(iv), a governmental entity may ob10 tain personally identifiable information concerning a

11 satellite subscriber pursuant to a court order only if,

12 in the court proceeding relevant to such court

13 order—

14 ‘‘(A) such entity offers clear and con15 vincing evidence that the subject of the infor16 mation is reasonably suspected of engaging in

17 criminal activity and that the information

18 sought would be material evidence in the case;

19 and

20 ‘‘(B) the subject of the information is af21 forded the opportunity to appear and contest

22 such entity’s claim.’’.

23 (b) EFFECTIVE DATE.—Section 338(i) of the Com24 munications Act of 1934 (47 U.S.C. 338(i)) as amended
72

•HR 4518 EH

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

2 after the date of enactment of this Act.

3 SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

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

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

6 amended—

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

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

9 (2) by striking the second sentence;

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

11 (4) in clause (ii)—

12 (A) by striking ‘‘January 1, 2006’’ and in13 serting ‘‘January 1, 2010’’; and

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

15 inserting ‘‘; and’’; and

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

17 clauses:

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

19 a multichannel video programming dis20 tributor from failing to negotiate in good

21 faith for retransmission consent under this

22 section, and it shall not be a failure to ne23 gotiate in good faith if the distributor en24 ters into retransmission consent agree25 ments containing different terms and con-
73

•HR 4518 EH

1 ditions, including price terms, with dif2 ferent broadcast stations if such different

3 terms and conditions are based on com4 petitive marketplace considerations.’’.

5 (b) DEADLINE.—The Federal Communications Com6 mission shall prescribe regulations to implement the

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

8 after the date of enactment of this Act.

9 SEC. 208. UNSERVED DIGITAL CUSTOMERS.

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

11 television service rules of the Federal Communications

12 Commission in effect on the date of enactment of this Act,

13 and the propagation prediction models derived from Bul14 letin No. 69 of the Commission’s Office of Engineering

15 and Technology, the Commission shall initiate an inquiry

16 to recommend the appropriate methodologies for deter17 mining which consumers are in locations where the con18 sumer will be unable, on and after the date on which ana19 log television services are discontinued pursuant to the

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

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

22 digital television service signals that are transmitted from

23 a station’s permanent digital television channel that are

24 of sufficient intensity to be able to receive and display dig25 ital television service using receiving terrestrial outdoor
74

•HR 4518 EH

1 antennas of reasonable cost and ease of installation. Such

2 methodologies shall be based on the current field strength

3 requirements for digital television stations in section

4 73.622(e)(1) of the Commission’s regulations (47 CFR

5 622(e)(1)).

6 (b) REPORT REQUIRED.—The Federal Communica7 tions Commission shall submit a report on the results of

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

9 on Energy and Commerce of the House of Representatives

10 and the Committee on Commerce, Science, and Transpor11 tation of the Senate not later than December 31, 2005.

12 Such report shall include—

13 (1) a proposal, using the best engineering prac14 tices for the broadcast television industry, for a pre15 dictive methodology for determining both which

16 consumers—

17 (A) receive a digital signal of sufficient in18 tensity to be able to receive and display digital

19 television service using receiving terrestrial out20 door antennas of reasonable cost and ease of in21 stallation; or

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

23 station begins transmitting on its permanent

24 digital television channel;
75

•HR 4518 EH

1 (2) an analysis of whether it is possible to iden2 tify the areas of the country within which consumers

3 will not, on and after the date on which analog tele4 vision services are discontinued pursuant to the pro5 visions of section 309(j)(14) of the Communications

6 Act of 1934 (47 U.S.C. 309(j)(14)), be able to re7 ceive a digital television signal of sufficient intensity

8 to be able to receive and display digital television

9 service using receiving terrestrial outdoor antennas

10 of reasonable cost and ease of installation; and

11 (3) if possible, an identification, on a county-by12 county or more localized basis, of such areas for

13 each television network.

14 SEC. 209. REDUCTION OF REQUIRED TESTS.

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

16 (47 U.S.C. 339(c)(4)) is amended by inserting after sub17 paragraph (C) the following new subparagraphs:

18 ‘‘(D) REDUCTION OF VERIFICATION BUR19 DENS.—Within one year after the date of enact20 ment of the Satellite Home Viewer Extension

21 and Reauthorization Act of 2004, the Commis22 sion shall by rule exempt from the verification

23 requirements of subparagraph (A) any request

24 for a test made by a subscriber to a satellite

25 carrier—
76

•HR 4518 EH

1 ‘‘(i) to whom the retransmission of

2 the signals of local broadcast stations is

3 available under section 338 from such car4 rier; or

5 ‘‘(ii) for whom the predictive model

6 required by paragraph (3) predicts a signal

7 intensity that exceeds the signal intensity

8 standard in effect under section

9 119(d)(10)(A) of such title by such num10 ber of decibels as the Commission specifies

11 in such rule.

12 ‘‘(E) EXCEPTION.—A subscriber in a local

13 market in which the satellite carrier does not

14 offer the signals of local broadcast stations

15 under section 338 and whose household is pre16 dicted to meet or exceed the number of decibels

17 specified by the Commission pursuant to sub18 paragraph (D)(ii), may, at his or her own ex19 pense, authorize a signal intensity test to be

20 performed pursuant to the procedures specified

21 by the Commission in section 73.686(d) of title

22 47, Code of Federal Regulations, by a tester

23 who is approved by the satellite carrier and by

24 each affected network station, or who has been

25 previously approved by the satellite carrier and
77

•HR 4518 EH

1 by each affected network station but not pre2 viously disapproved. A tester may not be so dis3 approved for a test after the tester has com4 menced such test. The tester shall give 5 busi5 ness days advance written notice to the satellite

6 carrier and to the affected network station or

7 stations. A signal intensity test conducted in ac8 cordance with the preceding sentence shall be

9 determinative of the signal strength received at

10 that household for purposes of determining

11 whether the household is capable of receiving a

12 Grade B intensity signal.’’.

Passed the House of Representatives October 6,

2004.

Attest:

Clerk.