IB 

Union Calendar No. 201 

111TH CONGRESS 

1ST SESSION H. R. 2994 

[Report No. 111–349] 

To reauthorize the Satellite Home Viewer Extension and Reauthorization 

Act of 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2009 

Mr. BOUCHER (for himself and Mr. STEARNS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

DECEMBER 2, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 23, 2009] 

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A BILL 

To reauthorize the Satellite Home Viewer Extension and 

Reauthorization Act of 2004, and for other purposes. 

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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 Home Viewer 

5 Reauthorization Act of 2009’’. 

6 SEC. 2. EXTENSION OF AUTHORITY. 

7 Section 325(b) of the Communications Act of 1934 (47 

8 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 

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

12 1, 2010’’ each place it appears in clauses (ii) and 

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

14 SEC. 3. SIGNIFICANTLY VIEWED STATIONS. 

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

16 340(b) of such Act (47 U.S.C. 340(b)) are amended to read 

17 as follows: 

18 ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAKING

19 LOCAL-INTO-LOCAL SERVICE.—This section shall 

20 apply only to retransmissions to subscribers of a sat21 ellite carrier who receive retransmissions of a signal 

22 from that satellite carrier pursuant to section 338. 

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

24 may retransmit to a subscriber in high definition for25 mat the signal of a station determined by the Commstockstill on DSKH9S0YB1PROD with BILLS

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1 mission to be significantly viewed under subsection 

2 (a) only if such carrier also retransmits in high defi3 nition format the signal of a station located in the 

4 local market of such subscriber and affiliated with the 

5 same network whenever such format is available from 

6 such station.’’. 

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

8 the date of the enactment of this Act, the Federal Commu9 nications Commission shall take all actions necessary to 

10 promulgate a rule to implement the amendments made by 

11 subsection (a). 

12 SEC. 4. CONFORMING AMENDMENTS. 

13 (a) SECTION 338.—Section 338 of the Communica14 tions Act of 1934 (47 U.S.C. 338) is amended— 

15 (1) in subsection (a), by striking ‘‘(3) EFFECTIVE

16 DATE.—No satellite’’ and all that follows through 

17 ‘‘until January 1, 2002.’’; and 

18 (2) by amending subsection (g) to read as fol19 lows: 

20 ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE RE21 CEPTION ANTENNA.— 

22 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat23 ellite carrier that retransmits the signals of local tele24 vision broadcast stations in a local market shall re25 transmit such stations in such market so that a submstockstill on DSKH9S0YB1PROD with BILLS

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1 scriber may receive such stations by means of a single 

2 reception antenna and associated equipment. 

3 ‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If the 

4 carrier retransmits the signals of local television 

5 broadcast stations in a local market in high defini6 tion format, the carrier shall retransmit such signals 

7 in such market so that a subscriber may receive such 

8 signals by means of a single reception antenna and 

9 associated equipment, but such antenna and associ10 ated equipment may be separate from the single re11 ception antenna and associated equipment used to 

12 comply with paragraph (1).’’. 

13 (b) SECTION 339.—Section 339 of such Act (47 U.S.C. 

14 339) is amended— 

15 (1) in subsection (a)— 

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

17 two network stations’’ and all that follows 

18 through ‘‘more than two network stations.’’; and 

19 (B) in paragraph (2)— 

20 (i) in the heading for subparagraph 

21 (A), by striking ‘‘TO ANALOG SIGNALS’’; 

22 (ii) in subparagraph (A)— 

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

24 by striking ‘‘ANALOG’’; 

25 (II) in clause (i)— 

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1 (aa) by striking ‘‘analog’’ 

2 each place it appears; and 

3 (bb) by striking ‘‘October 1, 

4 2004’’ and inserting ‘‘October 1, 

5 2009’’; 

6 (III) in the heading for clause 

7 (ii), by striking ‘‘ANALOG’’; and 

8 (IV) in clause (ii)— 

9 (aa) by striking ‘‘analog’’ 

10 each place it appears; and 

11 (bb) by striking ‘‘2004’’ and 

12 inserting ‘‘2009’’; 

13 (iii) by amending subparagraph (B) to 

14 read as follows: 

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

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

17 subscriber of a satellite carrier who is eligi18 ble to receive the signal of a network station 

19 under this section (in this clause referred to 

20 as a ‘distant signal’), other than subscribers 

21 to whom subparagraph (A) applies, the fol22 lowing shall apply: 

23 ‘‘(I) In a case in which the sat24 ellite carrier makes available to that 

25 subscriber, on January 1, 2005, the 

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1 signal of a local network station affili2 ated with the same television network 

3 pursuant to section 338, the carrier 

4 may only provide the secondary trans5 missions of the distant signal of a sta6 tion affiliated with the same network 

7 to that subscriber if the subscriber’s 

8 satellite carrier, not later than March 

9 1, 2005, submits to that television net10 work the list and statement required by 

11 subparagraph (F)(i). 

12 ‘‘(II) In a case in which the sat13 ellite carrier does not make available to 

14 that subscriber, on January 1, 2005, 

15 the signal of a local network station 

16 pursuant to section 338, the carrier 

17 may only provide the secondary trans18 missions of the distant signal of a sta19 tion affiliated with the same network 

20 to that subscriber if— 

21 ‘‘(aa) that subscriber seeks to 

22 subscribe to such distant signal 

23 before the date on which such car24 rier commences to carry pursuant 

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1 tions from the local market of 

2 such local network station; and 

3 ‘‘(bb) the satellite carrier, 

4 within 60 days after such date, 

5 submits to each television network 

6 the list and statement required by 

7 subparagraph (F)(ii). 

8 ‘‘(ii) SPECIAL CIRCUMSTANCES.—A 

9 subscriber of a satellite carrier who was 

10 lawfully receiving the distant signal of a 

11 network station on the day before the date 

12 of enactment of the Satellite Home Viewer 

13 Reauthorization Act of 2009 may receive 

14 both such distant signal and the local signal 

15 of a network station affiliated with the 

16 same network until such subscriber chooses 

17 to no longer receive such distant signal from 

18 such carrier.’’; 

19 (iv) in subparagraph (C)— 

20 (I) by striking ‘‘analog’’; 

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

22 Satellite Home Viewer Extension and 

23 Reauthorization Act of 2004’’ and in24 serting ‘‘the Satellite Home Viewer Re25 authorization Act of 2009’’; and 

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1 (III) by amending clause (ii) to 

2 read as follows: 

3 ‘‘(ii) either— 

4 ‘‘(I) at the time such person seeks 

5 to subscribe to receive such secondary 

6 transmission, resides in a local market 

7 where the satellite carrier makes avail8 able to that person the signal of a local 

9 network station affiliated with the 

10 same television network pursuant to 

11 section 338, and the retransmission of 

12 such signal by such carrier can reach 

13 such subscriber; or 

14 ‘‘(II) receives from the satellite 

15 carrier the signal of a network station 

16 affiliated with the same network that is 

17 broadcast by a local station in the 

18 market where the subscriber resides, 

19 but is not the local station’s primary 

20 video.’’; 

21 (v) in subparagraph (D)— 

22 (I) by striking clauses (i), (iii) 

23 through (v), (vii) through (ix), and 

24 (xi); 

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1 (II) by redesignating clause (vi) 

2 as clause (i) and transfering such 

3 clause to appear before clause (ii); 

4 (III) by amending such clause (i) 

5 (as so redesignated) to read as follows: 

6 ‘‘(i) 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 such 

10 subscriber is determined, based on a test 

11 conducted in accordance with section 

12 73.686(d) of title 47, Code of Federal Regu13 lations, or any successor regulation, not to 

14 be able to receive a signal that exceeds the 

15 signal intensity standard in section 

16 73.622(e)(1) of title 47, Code of Federal 

17 Regulations.’’; 

18 (IV) in clause (ii)— 

19 (aa) by striking ‘‘DIGITAL’’ 

20 in the heading; 

21 (bb) by striking ‘‘digital’’ the 

22 first two places such term ap23 pears; 

24 (cc) by striking ‘‘Satellite 

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1 authorization Act of 2004’’ and 

2 inserting ‘‘Satellite Home Viewer 

3 Reauthorization Act of 2009’’; 

4 and 

5 (dd) by striking ‘‘, whether 

6 or not such subscriber elects to 

7 subscribe to local digital signals’’; 

8 (V) by inserting after clause (ii) 

9 the following new clause: 

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

11 In a case in which the satellite carrier 

12 makes available to an eligible subscriber 

13 under this subparagraph the signal of a 

14 local network station pursuant to section 

15 338, the carrier may only provide the dis16 tant signal of a station affiliated with the 

17 same network to that subscriber if, in the 

18 case of any local market in the 48 contig19 uous States of the United States, the distant 

20 signal is the secondary transmission of a 

21 station whose prime time network program22 ming is generally broadcast simultaneously 

23 with, or later than, the prime time network 

24 programming of the affiliate of the same 

25 network in the local market.’’; and 

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1 (VI) by redesignating clause (x) 

2 as clause (iv); and 

3 (vi) in subparagraph (E), by striking 

4 ‘‘distant analog signal or’’ and all that fol5 lows through ‘‘(B), or (D))’’ and inserting 

6 ‘‘distant signal’’; 

7 (2) in subsection (c)— 

8 (A) by amending paragraph (3) to read as 

9 follows: 

10 ‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE

11 MODEL AND ON-LOCATION TESTING REQUIRED.— 

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

13 days after the date of the enactment of the Sat14 ellite Home Viewer Reauthorization Act of 2009, 

15 the Commission shall take all actions necessary 

16 to develop and prescribe by rule a point-to-point 

17 predictive model for reliably and presumptively 

18 determining the ability of individual locations, 

19 through the use of a conventional, stationary, 

20 outdoor rooftop receiving antenna, to receive sig21 nals in accordance with the signal intensity 

22 standard in section 73.622(e)(1) of title 47, Code 

23 of Federal Regulations, including to account for 

24 the continuing operation of translator stations 

25 and low power television stations. In prescribing 

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1 such model, the Commission shall rely on the In2 dividual Location Longley-Rice model set forth 

3 by the Commission in CS Docket No. 98-201, as 

4 previously revised with respect to analog signals, 

5 and as recommended by the Commission with re6 spect to digital signals in its Report to Congress 

7 in ET Docket No. 05-182, FCC 05-199 (released 

8 December 9, 2005). The Commission shall estab9 lish procedures for the continued refinement in 

10 the application of the model by the use of addi11 tional data as it becomes available. 

12 ‘‘(B) ON-LOCATION TESTING.—The Commis13 sion shall issue an order completing its rule14 making proceeding in ET Docket No. 06-94 

15 within 180 days after the date of enactment of 

16 the Satellite Home Viewer Reauthorization Act 

17 of 2009. 

18 ‘‘(C) STUDY OF TYPES OF ANTENNAS AVAIL19 ABLE TO RECEIVE DIGITAL SIGNALS.— 

20 ‘‘(i) STUDY REQUIRED.—Not later 

21 than 1 year after the date of enactment of 

22 the Satellite Home Viewer Reauthorization 

23 Act of 2009, the Commission shall complete 

24 a study regarding whether, for purposes of 

25 identifying if a household is unserved by an 

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1 adequate digital signal under section 

2 119(d)(10) of title 17, United States Code, 

3 the digital signal strength standard in sec4 tion 73.622(e)(1) of title 47, Code of Federal 

5 Regulations, or the testing procedures in 

6 section 73.686 of title 47, Code of Federal 

7 Regulations, such statutes or regulations 

8 should be revised to take into account the 

9 types of antennas that are available to and 

10 used by consumers. 

11 ‘‘(ii) STUDY CONSIDERATION.—In con12 ducting the study under clause (i), the Com13 mission shall consider whether to account 

14 for the fact that an antenna can be mounted 

15 on a roof or placed in a home and can be 

16 fixed or capable of rotating. 

17 ‘‘(iii) REPORT.—Not later than 1 year 

18 after the date of enactment of the Satellite 

19 Home Viewer Reauthorization Act of 2009, 

20 the Commission shall submit to the Com21 mittee on Energy and Commerce of the 

22 House of Representatives and the Committee 

23 on Commerce, Science, and Transportation 

24 of the Senate a report containing— 

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1 ‘‘(I) the results of the study con2 ducted under clause (i); and 

3 ‘‘(II) recommendations, if any, re4 garding changes to be made to Federal 

5 statutes or regulations.’’; 

6 (B) by amending paragraph (4)(A) to read 

7 as follows: 

8 ‘‘(A) IN GENERAL.—If a subscriber’s request 

9 for a waiver under paragraph (2) is rejected and 

10 the subscriber submits to the subscriber’s satellite 

11 carrier a request for a test verifying the sub12 scriber’s inability to receive a signal of the sig13 nal intensity referenced in clause (i) of sub14 section (a)(2)(D), the satellite carrier and the 

15 network station or stations asserting that the re16 transmission is prohibited with respect to that 

17 subscriber shall select a qualified and inde18 pendent person to conduct the test referenced in 

19 such clause. Such test shall be conducted within 

20 30 days after the date the subscriber submits a 

21 request for the test. If the written findings and 

22 conclusions of a test conducted in accordance 

23 with such clause demonstrate that the subscriber 

24 does not receive a signal that meets or exceeds 

25 the requisite signal intensity standard in such 

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1 clause, the subscriber shall not be denied the re2 transmission of a signal of a network station 

3 under section 119 of title 17, United States 

4 Code.’’; 

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

6 signal intensity’’ and all that follows through 

7 ‘‘United States Code’’ and inserting ‘‘such req8 uisite signal intensity standard’’; and 

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

10 ‘‘Grade B intensity’’. 

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

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

13 SEC. 5. APPLICATION PENDING COMPLETION OF 

14 RULEMAKINGS. 

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

16 this Act and the adoption of rules by the Federal Commu17 nications Commission pursuant to the amendments to the 

18 Communications Act of 1934 made by sections 3 and 4 of 

19 this Act, the Federal Communications Commission shall fol20 low its rules and regulations promulgated pursuant to sec21 tions 338, 339, and 340 of the Communications Act of 1934 

22 as in effect on the day before the date of enactment of this 

23 Act. 

24 (b) TRANSLATOR STATIONS AND LOW POWER TELE25 VISION STATIONS.—Notwithstanding subsection (a), for 

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1 purposes of determining whether a subscriber within the 

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

3 television station affiliated with a television network is eli4 gible to receive distant signals under section 339 of such 

5 Act, the Federal Communications Commission shall follow 

6 its rules and regulations for determining such subscriber’s 

7 eligibility as in effect on the day before the date of enact8 ment of this Act until the date on which the translator sta9 tion or low power television station is licensed to broadcast 

10 a digital signal. 

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

12 (1) LOCAL MARKET; LOW POWER TELEVISION

13 STATION; SATELLITE CARRIER; SUBSCRIBER; TELE14 VISION BROADCAST STATION.—The terms ‘‘local mar15 ket’’, ‘‘low power television station’’, ‘‘satellite car16 rier’’, ‘‘subscriber’’, and ‘‘television broadcast station’’ 

17 have the meanings given such terms in section 338(k) 

18 of the Communications Act of 1934. 

19 (2) NETWORK STATION; TELEVISION NETWORK.— 

20 The terms ‘‘network station’’ and ‘‘television network’’ 

21 have the meanings given such terms in section 339(d) 

22 of such Act. 

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1 SEC. 6. PROCESS FOR ISSUING QUALIFIED CARRIER CER2 TIFICATION. 

3 Part I of title III of the Communications Act of 1934 

4 is amended by adding at the end the following new section: 

5 ‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 

6 CERTIFICATION. 

7 ‘‘(a) CERTIFICATION.—The Commission shall issue a 

8 certification for the purposes of section 119(g)(3)(A)(iii) of 

9 title 17, United States Code, if the Commission determines 

10 that— 

11 ‘‘(1) a satellite carrier is providing local service 

12 pursuant to the statutory license under section 122 of 

13 such title in each designated market area; and 

14 ‘‘(2) with respect to each designated market area 

15 in which such satellite carrier was not providing such 

16 local service as of the date of enactment of the Sat17 ellite Home Viewer Reauthorization Act of 2009— 

18 ‘‘(A) the satellite carrier’s satellite beams 

19 are designed, and predicted by the satellite man20 ufacturer’s pre-launch test data, to provide a 

21 good quality satellite signal to 90 percent of the 

22 households in each such designated market area 

23 based on the most recent census data released by 

24 the United States Census Bureau; and 

25 ‘‘(B) there is no material evidence that there 

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1 quent to the satellite’s launch that precludes the 

2 ability of the satellite carrier to satisfy the re3 quirements of subparagraph (A). 

4 ‘‘(b) INFORMATION REQUIRED.—Any entity seeking 

5 the certification provided for in subsection (a) shall submit 

6 to the Commission the following information: 

7 ‘‘(1) An affidavit stating that, to the best of the 

8 affiant’s knowledge, the satellite carrier provides local 

9 service in all designated market areas pursuant to the 

10 statutory license provided for in section 122 of title 

11 17, United States Code, and listing those designated 

12 market areas in which local service was provided as 

13 of the date of enactment of the Satellite Home Viewer 

14 Reauthorization Act of 2009. 

15 ‘‘(2) For each designated market area not listed 

16 in paragraph (1): 

17 ‘‘(A) Identification of each such designated 

18 market area and the location of its local receive 

19 facility. 

20 ‘‘(B) Data showing the number of house21 holds, and maps showing the geographic dis22 tribution thereof, in each such designated market 

23 area based on the most recent census data re24 leased by the United States Census Bureau. 

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1 ‘‘(C) Maps, with superimposed effective 

2 isotropically radiated power predictions obtained 

3 in the satellite manufacturer’s pre-launch tests, 

4 showing that the contours of the carrier’s satellite 

5 beams as designed and the geographic area that 

6 the carrier’s satellite beams are designed to cover 

7 are predicted to provide a good quality satellite 

8 signal to 90 percent of the households in such 

9 designated market area based on the most recent 

10 census data released by the United States Census 

11 Bureau. 

12 ‘‘(D) For any satellite relied upon for cer13 tification under this section, an affidavit stating 

14 that, to the best of the affiant’s knowledge, there 

15 have been no satellite or sub-system failures sub16 sequent to the satellite’s launch that would de17 grade the design performance to such a degree 

18 that a satellite transponder used to provide local 

19 service to any such designated market area is 

20 precluded from delivering a good quality satellite 

21 signal to 90 percent of the households in such 

22 designated market area based on the most recent 

23 census data released by the United States Census 

24 Bureau. 

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1 ‘‘(E) Any additional engineering, des2 ignated market area, or other information the 

3 Commission considers necessary to determine 

4 whether the Commission shall grant a certifi5 cation under this section. 

6 ‘‘(c) CERTIFICATION ISSUANCE.— 

7 ‘‘(1) PUBLIC COMMENT.—The Commission shall 

8 provide 30 days for public comment on a request for 

9 certification under this section. 

10 ‘‘(2) DEADLINE FOR DECISION.—The Commis11 sion shall grant or deny a request for certification 

12 within 90 days after the date on which such request 

13 is filed. 

14 ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity granted 

15 qualified carrier status pursuant to section 119(g) of title 

16 17, United States Code, shall file an affidavit with the Com17 mission 30 months after such status was granted stating 

18 that, to the best of the affiant’s knowledge, it is in compli19 ance with the requirements for a qualified carrier. 

20 ‘‘(e) DEFINITIONS.—For the purposes of this section: 

21 ‘‘(1) DESIGNATED MARKET AREA.—The term 

22 ‘designated market area’ has the meaning given such 

23 term in section 122(j)(2)(C) of title 17, United States 

24 Code. 

25 ‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 

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1 ‘‘(A) IN GENERAL.—The term ‘‘good quality 

2 satellite signal’’ means— 

3 ‘‘(i) a satellite signal whose power level 

4 as designed shall achieve reception and de5 modulation of the signal at an availability 

6 level of at least 99.7 percent using models of 

7 satellite antennas normally used by the sat8 ellite carrier’s subscribers and the same cal9 culation methodology used by the satellite 

10 carrier to determine predicted signal avail11 ability in the top 100 designated market 

12 areas; and 

13 ‘‘(ii) a video signal transmitted by sat14 ellite carrier such that, taking into account 

15 whether a signal is in standard definition 

16 format or high definition format, compres17 sion methodology, modulation, error correc18 tion, power level, and utilization of ad19 vances in technology that does not cir20 cumvent the intent of this section to provide 

21 for non-discriminatory treatment with re22 spect to any comparable television broadcast 

23 station signal— 

24 ‘‘(I) the satellite carrier treats all 

25 television broadcast station’s signals 

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1 the same with respect to statistical 

2 multiplexer prioritization; and 

3 ‘‘(II) the number of video signals 

4 in the relevant satellite transponder is 

5 not more than the then current greatest 

6 number of video signals carried on any 

7 equivalent transponder serving the top 

8 100 designated market areas. 

9 ‘‘(B) DETERMINATION.—For the purposes of 

10 subparagraph (A), the top 100 designated market 

11 areas shall be as determined by Nielsen Media 

12 Research and published in the Nielsen Station 

13 Index Directory and Nielsen Station Index 

14 United States Television Household Estimates or 

15 any successor publication as of the date of a sat16 ellite carrier’s application for certification under 

17 this section.’’. 

18 SEC. 7. SAVINGS CLAUSE REGARDING DEFINITIONS. 

19 Nothing in this Act or the amendments made by this 

20 Act shall be construed to affect the definitions of ‘‘program 

21 related’’ and ‘‘primary video’’ in the Communications Act 

22 of 1934 or in any regulations promulgated pursuant to such 

23 Act by the Federal Communications Commission. 

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1 SEC. 8. SAVINGS CLAUSE REGARDING USE OF NON-COM2 PULSORY LICENSES; REPORT. 

3 (a) IN GENERAL.—Nothing in this Act, the Commu4 nications Act of 1934, or regulations promulgated by the 

5 Federal Communications Commission under this Act or the 

6 Communications Act of 1934 shall limit the ability of a 

7 satellite carrier to retransmit a performance or display of 

8 a work pursuant to an authorization granted by the copy9 right owner or, if within the scope of its authorization, its 

10 licensee. 

11 (b) REPORT.—Not later than 1 year after the date of 

12 enactment of this Act, the Federal Communications Com13 mission shall submit to the Committee on Energy and Com14 merce of the House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of the Senate 

16 a report containing an analysis of— 

17 (1) the number of households in a State that re18 ceive local broadcast stations from a station of license 

19 that is located in a different State; 

20 (2) the extent to which consumers have access to 

21 in-state broadcast programming; and 

22 (3) whether there are alternatives to the use of 

23 designated market areas, as defined in section 122 of 

24 title 17, United States Code, to define local markets 

25 that would provide more consumers with in-state 

26 broadcast programming. 

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1 SEC. 9. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFI2 NITION DIGITAL SIGNALS OF NONCOMMER3 CIAL EDUCATIONAL TELEVISION STATIONS. 

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

6 at the end the following new paragraph: 

7 ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH

8 DEFINITION SIGNALS OF NONCOMMERCIAL EDU9 CATIONAL TELEVISION STATIONS.— 

10 ‘‘(A) EXISTING CARRIAGE OF HIGH DEFINI11 TION SIGNALS.—Each eligible satellite carrier 

12 providing, under section 122 of title 17, United 

13 States Code, any secondary transmissions in 

14 high definition to subscribers located within the 

15 local market of a television broadcast station of 

16 a primary transmission made by that station 

17 prior to the date of enactment of this paragraph 

18 shall carry the high-definition signals of quali19 fied noncommercial educational television sta20 tions located within that local market in accord21 ance with the following schedule: 

22 ‘‘(i) By December 31, 2010, in at least 

23 50 percent of the markets in which such sat24 ellite carrier provides such secondary trans25 missions in high definition. 

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

2 market in which such satellite carrier pro3 vides such secondary transmissions in high 

4 definition. 

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

6 eligible satellite carrier that initiates the provi7 sion, under section 122 of title 17, United States 

8 Code, of any secondary transmissions in high 

9 definition to subscribers located within the local 

10 market of a television broadcast station of a pri11 mary transmission made by that station after 

12 the date of enactment of this paragraph shall 

13 carry the high-definition signals of all qualified 

14 noncommercial educational television stations lo15 cated within that local market.’’. 

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

17 U.S.C. 338(k)) is amended— 

18 (1) by redesignating paragraphs (2) through (8) 

19 as paragraphs (3) through (9), respectively; 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph: 

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

23 ‘eligible satellite carrier’ means any satellite carrier 

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

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27 

•HR 2994 RH

1 tion, or its representative, that is in force and effect 

2 as of the date of enactment of this paragraph.’’; 

3 (3) by redesignating paragraphs (6) through (9) 

4 (as previously redesignated) as paragraphs (7) 

5 through (10), respectively; and 

6 (4) by inserting after paragraph (5) (as so redes7 ignated) the following new paragraph: 

8 ‘‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL

9 TELEVISION STATION.—The term ‘qualified non10 commercial educational television station’ has the 

11 meaning given such term in section 615(l)(1) of this 

12 Act.’’. 

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Union Calendar No. 201 

111TH CONGRESS 

1ST SESSION H. R. 2994 

[Report No. 111–349] 

A BILL 

To reauthorize the Satellite Home Viewer Extenother purposes. sion and Reauthorization Act of 2004, and for 

DECEMBER 2, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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