II 

111TH CONGRESS 

1ST SESSION S. 2764 

To reauthorize the Satellite Home Viewer Extension and Reauthorization 

Act of 2004, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2009 

Mr. ROCKEFELLER (for himself and Mr. KERRY) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To reauthorize the Satellite Home Viewer Extension and 

Reauthorization Act of 2004, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Satellite Television Ex5 tension and Localism Act of 2009’’. 

6 SEC. 2. EXTENSION OF AUTHORITY. 

7 Section 325(b) of the Communications Act of 1934 

8 (47 U.S.C. 325(b)) is amended— 

9 (1) in paragraph (2)(C), by striking ‘‘December 

10 31, 2009’’ and inserting ‘‘December 31, 2014’’; and 


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1 (2) in paragraph (3)(C), by striking ‘‘January 

2 1, 2010’’ each place it appears in clauses (ii) and 

3 (iii) and inserting ‘‘January 1, 2015’’. 

4 SEC. 3. SIGNIFICANTLY VIEWED STATIONS. 

5 (a) IN GENERAL.—Paragraphs (1) and (2) of section 

6 340(b) of such Act (47 U.S.C. 340(b)) are amended to 

7 read as follows: 

8 ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK9 ING LOCAL-INTO-LOCAL SERVICE.—This section shall 

10 apply only to retransmissions to subscribers of a sat11 ellite carrier who receive retransmissions of a signal 

12 from that satellite carrier pursuant to section 338. 

13 ‘‘(2) SERVICE LIMITATIONS.—A satellite carrier 

14 may retransmit to a subscriber in high definition 

15 format the signal of a station determined by the 

16 Commission to be significantly viewed under sub17 section (a) only if such carrier also retransmits in 

18 high definition format the signal of a station located 

19 in the local market of such subscriber and affiliated 

20 with the same network whenever such format is 

21 available from such station.’’. 

22 (b) RULEMAKING REQUIRED.—Within 180 days after 

23 the date of the enactment of this Act, the Federal Commu24 nications Commission shall take all actions necessary to 


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1 promulgate a rule to implement the amendments made by 

2 subsection (a). 

3 SEC. 4. CONFORMING AMENDMENTS. 

4 (a) SECTION 338.—Section 338 of the Communica5 tions Act of 1934 (47 U.S.C. 338) is amended— 

6 (1) by striking ‘‘119(a)(14)’’ in the first para7 graph (3) of subsection (a) and inserting 

8 ‘‘119(a)(15)’’; 

9 (2) by striking the second paragraph (3) of sub10 section (a); and 

11 (3) by striking subsection (g) and inserting the 

12 following: 

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

14 RECEPTION ANTENNA.— 

15 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat16 ellite carrier that retransmits the signals of local tel17 evision broadcast stations in a local market shall re18 transmit such stations in such market so that a sub19 scriber may receive such stations by means of a sin20 gle reception antenna and associated equipment. 

21 ‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If 

22 the carrier retransmits the signals of local television 

23 broadcast stations in a local market in high defini24 tion format, the carrier shall retransmit such signals 

25 in such market so that a subscriber may receive 


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1 such signals by means of a single reception antenna 

2 and associated equipment, but such antenna and as3 sociated equipment may be separate from the single 

4 reception antenna and associated equipment used to 

5 comply with paragraph (1).’’. 

6 (b) SECTION 339.—Section 339 of such Act (47 

7 U.S.C. 339) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)(B), by striking ‘‘Such 

10 two network stations’’ and all that follows 

11 through ‘‘more than two network stations.’’; 

12 and 

13 (B) in paragraph (2)— 

14 (i) in the heading for subparagraph 

15 (A), by striking ‘‘GRANDFATHERED SUB16 SCRIBERS TO ANALOG SIGNALS.— and in17 serting ‘‘CERTAIN GRANDFATHERED SUB18 SCRIBERS.—’’; 

19 (ii) by striking ‘‘Satellite Home View20 er Extension and Reauthorization Act of 

21 2004:’’ and inserting ‘‘Satellite Television 

22 Extension and Localism Act of 2009:’’; 

23 (iii) in subparagraph (A)— 

24 (I) in the heading for clause (i), 

25 by striking ‘‘ANALOG’’; 


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1 (II) in clause (i)— 

2 (aa) by striking ‘‘analog’’ 

3 each place it appears; and 

4 (bb) by striking ‘‘October 1, 

5 2004,’’ and inserting ‘‘October 1, 

6 2009,’’; 

7 (III) in the heading for clause 

8 (ii), by striking ‘‘ANALOG’’; and 

9 (IV) in clause (ii)— 

10 (aa) by striking ‘‘analog’’ 

11 each place it appears; and 

12 (bb) by striking ‘‘2004,’’ 

13 and inserting ‘‘2009,’’; 

14 (iv) by amending subparagraph (B) to 

15 read as follows: 

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

17 A subscriber of a satellite carrier, other than a 

18 subscriber to whom subparagraph (A) applies, 

19 who was lawfully receiving the distant signal of 

20 a network station on the day before the date of 

21 enactment of the Satellite Television Extension 

22 and Localism Act of 2009 may continue to re23 ceive such distant signal until such subscriber 

24 chooses to no longer receive such distant signal 


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1 from such carrier, whether or not such sub2 scriber elects to subscribe to local signals.’’; 

3 (v) in subparagraph (C)— 

4 (I) by striking ‘‘analog’’; 

5 (II) in clause (i), by striking ‘‘the 

6 Satellite Home Viewer Extension and 

7 Reauthorization Act of 2004;’’ and in8 serting ‘‘the Satellite Television Ex9 tension and Localism Act of 2009;’’; 

10 and 

11 (III) by amending clause (ii) to 

12 read as follows: 

13 ‘‘(ii) either— 

14 ‘‘(I) at the time such person 

15 seeks to subscribe to receive such sec16 ondary transmission, resides in a local 

17 market where the satellite carrier 

18 makes available to that person the 

19 signal of a local network station affili20 ated with the same television network 

21 pursuant to section 338, and the re22 transmission of such signal by such 

23 carrier can reach such subscriber; or 

24 ‘‘(II) receives from the satellite 

25 carrier the signal of a network station 


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1 affiliated with the same network that 

2 is broadcast by a local station in the 

3 market where the subscriber resides, 

4 but is not the local station’s primary 

5 video.’’; 

6 (vi) by striking subparagraph (D) and 

7 inserting the following: 

8 ‘‘(D) SPECIAL RULES FOR DISTANT SIG9 NALS.— 

10 ‘‘(i) IN GENERAL.—In the case of a 

11 subscriber of a satellite carrier who, with 

12 respect to a local network station— 

13 ‘‘(I) is a subscriber whose house14 hold is not predicted by the model 

15 specified in subsection (c)(3) of this 

16 section to receive the signal intensity 

17 required under section 73.622(e)(1) or 

18 73.683(a) of 47 of the Code of Fed19 eral Regulations, or a successor regu20 lation, or 

21 ‘‘(II) is in an unserved house22 hold, as determined under section 

23 119(d)(10)(A) of title 17, United 

24 States Code, 


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1 such subscriber is eligible to receive the 

2 signal of a distant network station affili3 ated with the same network under this sec4 tion, subject to the provisions of this sub5 paragraph. 

6 ‘‘(ii) SIGNAL TESTING.—A subscriber 

7 shall be eligible to receive a distant signal 

8 of a distant network station affiliated with 

9 the same network under this section if 

10 such subscriber is determined, based on a 

11 test conducted in accordance with section 

12 73.686(d) of title 47, Code of Federal Reg13 ulations, or any successor regulation, not 

14 to be able to receive a signal that exceeds 

15 the signal intensity standard in section 

16 73.622(e)(1) or 73.683(a) of title 47, Code 

17 of Federal Regulations.’’; 

18 ‘‘(iii) TIME-SHIFTING PROHIBITED.— 

19 In a case in which the satellite carrier 

20 makes available to an eligible subscriber 

21 under this subparagraph the signal of a 

22 local network station pursuant to section 

23 338, the carrier may only provide the dis24 tant signal of a station affiliated with the 

25 same network to that subscriber if, in the 


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1 case of any local market in the 48 contig2 uous States of the United States, the dis3 tant signal is the secondary transmission 

4 of a station whose prime time network pro5 gramming is generally broadcast simulta6 neously with, or later than, the prime time 

7 network programming of the affiliate of 

8 the same network in the local market. 

9 ‘‘(iv) SAVINGS PROVISION.—Nothing 

10 in this subparagraph shall be construed to 

11 affect a satellite carrier’s obligations under 

12 section 338.’’; and 

13 (vii) in subparagraph (E), by striking 

14 ‘‘distant analog signal or’’ and all that fol15 lows through ‘‘(B), or (D))’’ and inserting 

16 ‘‘distant signal’’; and 

17 (2) in subsection (c)— 

18 (A) by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3) ESTABLISHMENT OF IMPROVED PRE21 DICTIVE MODEL AND ON-LOCATION TESTING RE22 QUIRED.— 

23 ‘‘(A) PREDICTIVE MODEL.—Within 180 

24 days after the date of the enactment of the Sat25 ellite Television Extension and Localism Act of 


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1 2009, the Commission shall take all actions 

2 necessary to develop and prescribe by rule a 

3 point-to-point predictive model for reliably and 

4 presumptively determining the ability of indi5 vidual locations, through the use of an antenna, 

6 to receive signals in accordance with the signal 

7 intensity standard in section 73.622(e)(1) of 

8 title 47, Code of Federal Regulations, including 

9 to account for the continuing operation of 

10 translator stations and low power television sta11 tions. In prescribing such model, the Commis12 sion shall rely on the Individual Location 

13 Longley-Rice model set forth by the Commis14 sion in CS Docket No. 98–201, as previously 

15 revised with respect to analog signals, and as 

16 recommended by the Commission with respect 

17 to digital signals in its Report to Congress in 

18 ET Docket No. 05–182, FCC 05–199 (released 

19 December 9, 2005). The Commission shall es20 tablish procedures for the continued refinement 

21 in the application of the model by the use of ad22 ditional data as it becomes available. 

23 ‘‘(B) ON-LOCATION TESTING.—The Com24 mission shall issue an order completing its rule25 making proceeding in ET Docket No. 06–94 


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1 within 180 days after the date of enactment of 

2 the Satellite Television Extension and Localism 

3 Act of 2009. In conducting such rulemaking, 

4 the Commission shall seek ways to minimize 

5 consumer burdens associated with on-location 

6 testing.’’; 

7 (B) by striking paragraph (4)(A) and in8 serting the following: 

9 ‘‘(A) IN GENERAL.—If a subscriber’s re10 quest for a waiver under paragraph (2) is re11 jected and the subscriber submits to the sub12 scriber’s satellite carrier a request for a test 

13 verifying the subscriber’s inability to receive a 

14 signal of the signal intensity referenced in 

15 clause (i) of subsection (a)(2)(D), the satellite 

16 carrier and the network station or stations as17 serting that the retransmission is prohibited 

18 with respect to that subscriber shall select a 

19 qualified and independent person to conduct the 

20 test referenced in such clause. Such test shall 

21 be conducted within 30 days after the date the 

22 subscriber submits a request for the test. If the 

23 written findings and conclusions of a test con24 ducted in accordance with such clause dem25 onstrate that the subscriber does not receive a 


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1 signal that meets or exceeds the requisite signal 

2 intensity standard in such clause, the subscriber 

3 shall not be denied the retransmission of a sig4 nal of a network station under section 119 of 

5 title 17, United States Code.’’; 

6 (C) in paragraph (4)(B), by striking ‘‘the 

7 signal intensity’’ and all that follows through 

8 ‘‘United States Code’’ and inserting ‘‘such req9 uisite signal intensity standard’’; and 

10 (D) in paragraph (4)(E), by striking 

11 ‘‘Grade B intensity’’. 

12 (c) SECTION 340.—Section 340(i) of such Act (47 

13 U.S.C. 340(i)) is amended by striking paragraph (4). 

14 SEC. 5. APPLICATION PENDING COMPLETION OF 

15 RULEMAKINGS. 

16 (a) IN GENERAL.—Between the date of enactment of 

17 this Act and the adoption of rules by the Federal Commu18 nications Commission pursuant to the amendments to the 

19 Communications Act of 1934 made by sections 3 and 4 

20 of this Act, the Federal Communications Commission shall 

21 follow its rules and regulations promulgated pursuant to 

22 sections 338, 339, and 340 of the Communications Act 

23 of 1934 as in effect on the day before the date of enact24 ment of this Act. 


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1 (b) TRANSLATOR STATIONS AND LOW POWER TELE2 VISION STATIONS.—Notwithstanding subsection (a), for 

3 purposes of determining whether a subscriber within the 

4 local market served by a translator station or a low power 

5 television station affiliated with a television network is eli6 gible to receive distant signals under section 339 of such 

7 Act, the Federal Communications Commission shall follow 

8 its rules and regulations for determining such subscriber’s 

9 eligibility as in effect on the day before the date of enact10 ment of this Act until the date on which the translator 

11 station or low power television station is licensed to broad12 cast a digital signal. 

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

14 (1) LOCAL MARKET; LOW POWER TELEVISION

15 STATION; SATELLITE CARRIER; SUBSCRIBER; TELE16 VISION BROADCAST STATION.—The terms ‘‘local 

17 market’’, ‘‘low power television station’’, ‘‘satellite 

18 carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta19 tion’’ have the meanings given such terms in section 

20 338(k) of the Communications Act of 1934. 

21 (2) NETWORK STATION; TELEVISION NET22 WORK.—The terms ‘‘network station’’ and ‘‘tele23 vision network’’ have the meanings given such terms 

24 in section 339(d) of such Act. 


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1 SEC. 6. SAVINGS CLAUSE REGARDING DEFINITIONS. 

2 Nothing in this Act or the amendments made by this 

3 Act shall be construed to affect the definitions of ‘‘pro4 gram related’’ and ‘‘primary video’’ in the Communica5 tions Act of 1934 or in any regulations promulgated pur6 suant to such Act by the Federal Communications Com7 mission. 

8 SEC. 7. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFI9 NITION DIGITAL SIGNALS OF NONCOMMER10 CIAL EDUCATIONAL TELEVISION STATIONS. 

11 (a) IN GENERAL.—Section 338(a) of the Commu12 nications Act of 1934 (47 U.S.C. 338(a)) is amended by 

13 adding at the end the following new paragraph: 

14 ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF

15 HIGH DEFINITION SIGNALS OF NONCOMMERCIAL

16 EDUCATIONAL TELEVISION STATIONS.— 

17 ‘‘(A) EXISTING CARRIAGE OF HIGH DEFI18 NITION SIGNALS.—Each eligible satellite carrier 

19 providing, under section 122 of title 17, United 

20 States Code, any secondary transmissions in 

21 high definition to subscribers located within the 

22 local market of a television broadcast station of 

23 a primary transmission made by that station 

24 prior to the date of enactment of the Satellite 

25 Television Extension and Localism Act of 2009 

26 shall carry the high definition signals of qualiVerDate Nov 24 2008 01:46 Nov 11, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2764.IS S2764

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1 fied noncommercial educational television sta2 tions located within that local market in accord3 ance with the following schedule: 

4 ‘‘(i) By December 31, 2010, in at 

5 least 50 percent of the markets in which 

6 such satellite carrier provides such sec7 ondary transmissions in high definition. 

8 ‘‘(ii) By December 31, 2011, in every 

9 market in which such satellite carrier pro10 vides such secondary transmissions in high 

11 definition. 

12 ‘‘(B) NEW INITIATION OF SERVICE.—Each 

13 eligible satellite carrier that initiates the provi14 sion, under section 122 of title 17, United 

15 States Code, of any secondary transmissions in 

16 high definition to subscribers located within the 

17 local market of a television broadcast station of 

18 a primary transmission made by that station 

19 after the date of enactment of the Satellite Tel20 evision Extension and Localism Act of 2009 

21 shall carry the high definition signals of all 

22 qualified noncommercial educational television 

23 stations located within that local market.’’. 

24 (b) DEFINITIONS.—Section 338(k) of such Act (47 

25 U.S.C. 338(k)) is amended— 


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1 (1) by redesignating paragraphs (2) through 

2 (8) as paragraphs (3) through (9), respectively; 

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 

6 ‘eligible satellite carrier’ means any satellite carrier 

7 that is not a party to a carriage contract with a 

8 qualified noncommercial educational television sta9 tion or its representative that— 

10 ‘‘(A) governs carriage of more than 30 

11 such stations; and 

12 ‘‘(B) is in force and effect as of the date 

13 of enactment of the Satellite Television Exten14 sion and Localism Act of 2009.’’; 

15 (3) by redesignating paragraphs (6) through 

16 (9) (as previously redesignated) as paragraphs (7) 

17 through (10), respectively; and 

18 (4) by inserting after paragraph (5) (as so re19 designated) the following new paragraph: 

20 ‘‘(6) QUALIFIED NONCOMMERCIAL EDU21 CATIONAL TELEVISION STATION.—The term ‘quali22 fied noncommercial educational television station’ 

23 has the meaning given such term in section 

24 615(l)(1) of this Act.’’. 


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1 SEC. 8. REPORT ON COMMUNICATIONS IMPLICATIONS OF 

2 STATUTORY LICENSING MODIFICATIONS. 

3 (a) STUDY.—The Comptroller General shall conduct 

4 a study that analyzes and evaluates the changes to the 

5 carriage requirements currently imposed on multichannel 

6 video programming distributors under the Communica7 tions Act of 1934 (47 U.S.C. 151 et seq.) and the regula8 tions promulgated by the Federal Communications Com9 mission that would be required or beneficial to consumers, 

10 and such other matters as the Comptroller General deems 

11 appropriate, if Congress implemented a phase-out of the 

12 current statutory licensing requirements set forth under 

13 sections 111, 119, and 122 of title 17, United States 

14 Code. Among other things, the study shall consider the 

15 impact such a phase-out and related changes to carriage 

16 requirements would have on consumer prices and access 

17 to programming. 

18 (b) REPORT.—Not later than 12 months after the 

19 date of enactment of this Act, the Comptroller General 

20 shall report to the Senate Committee on Commerce, 

21 Science, and Transportation and the House of Represent22 atives Committee on Energy and Commerce the results of 

23 the study, including any recommendations for legislative 

24 or administrative actions. 


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1 SEC. 9. SEVERABILITY. 

2 If any provision of this Act, an amendment made by 

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, the amendments made 

6 by this Act, and the application of such provisions to any 

7 person or circumstance shall not be affected thereby. 

Æ 


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