I 

111TH CONGRESS 

1ST SESSION H. R. 2994 

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 

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 Home Viewer 

5 Reauthorization Act’’. 

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 Commission 

24 shall take all actions necessary to promulgate a rule to 

25 implement the amendments made by subsection (a). 


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1 SEC. 4. CONFORMING AMENDMENTS. 

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

4 (1) in subsection (a), by striking ‘‘(3) EFFEC5 TIVE DATE.—No satellite’’ and all that follows 

6 through ‘‘until January 1, 2002.’’; and 

7 (2) by amending subsection (g) to read as fol8 lows: 

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

10 RECEPTION ANTENNA.— 

11 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat12 ellite carrier that retransmits the signals of local tel13 evision broadcast stations in a local market shall re14 transmit such stations in such market so that a sub15 scriber may receive such stations by means of a sin16 gle reception antenna and associated equipment. 

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

18 the carrier retransmits the signals of local television 

19 broadcast stations in a local market in high defini20 tion format, the carrier shall retransmit such signals 

21 in such market so that a subscriber may receive 

22 such signals by means of a single reception antenna 

23 and associated equipment, but such antenna and as24 sociated equipment may be separate from the single 

25 reception antenna and associated equipment used to 

26 comply with paragraph (1).’’. 


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

2 U.S.C. 339) is amended— 

3 (1) in subsection (a)— 

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

5 two network stations’’ and all that follows 

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

7 and 

8 (B) in paragraph (2)— 

9 (i) in the heading for subparagraph 

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

11 (ii) in subparagraph (A)— 

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

13 by striking ‘‘ANALOG’’; 

14 (II) in clause (i)— 

15 (aa) by striking ‘‘analog’’ 

16 each place it appears; and 

17 (bb) by striking ‘‘2004’’ and 

18 inserting ‘‘2009’’; 

19 (III) in the heading for clause 

20 (ii), by striking ‘‘ANALOG’’; and 

21 (IV) in clause (ii)— 

22 (aa) by striking ‘‘analog’’ 

23 each place it appears; and 

24 (bb) by striking ‘‘2004’’ and 

25 inserting ‘‘2009’’; 


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1 (iii) in the heading for subparagraph 

2 (B), by striking ‘‘TO ANALOG SIGNALS’’; 

3 (iv) in subparagraph (B), by striking 

4 ‘‘analog’’ each place it appears; 

5 (v) in subparagraph (C)— 

6 (I) by striking ‘‘analog’’ each 

7 place it appears; and 

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

9 Satellite Home Viewer Extension and 

10 Reauthorization Act of 2004’’ and in11 serting ‘‘the Satellite Home Viewer 

12 Reauthorization Act’’; 

13 (vi) in subparagraph (D)— 

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

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

16 (xi); 

17 (II) by redesignating clause (vi) 

18 as clause (i); 

19 (III) by amending such clause (i) 

20 (as so redesignated) to read as fol21 lows: 

22 ‘‘(i) SIGNAL TESTING.—A subscriber 

23 shall be eligible to receive a distant signal 

24 of a distant network station affiliated with 

25 the same network under this section if 


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1 such subscriber is determined, based on a 

2 test conducted in accordance with section 

3 73.686(d) of title 47, Code of Federal Reg4 ulations, or any successor regulation, not 

5 to be able to receive a signal that exceeds 

6 the signal intensity standard in section 

7 73.622(e)(1) of title 47, Code of Federal 

8 Regulations.’’; 

9 (IV) in clause (ii)— 

10 (aa) by striking ‘‘DIGITAL’’ 

11 in the heading; 

12 (bb) by striking ‘‘digital’’ 

13 each place it appears; 

14 (cc) by striking ‘‘Satellite 

15 Home Viewer Extension and Re16 authorization Act of 2004’’ and 

17 inserting ‘‘Satellite Home Viewer 

18 Reauthorization Act’’; and 

19 (dd) by striking ‘‘, whether 

20 or not such subscriber elects to 

21 subscribe to local digital signals’’; 

22 and 

23 (V) by redesignating clause (x) 

24 as clause (iii); and 


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

2 ‘‘distant analog signal or’’ and all that fol3 lows through ‘‘(B), or (D))’’ and inserting 

4 ‘‘distant signal’’; and 

5 (2) in subsection (c)— 

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

7 follows: 

8 ‘‘(3) ESTABLISHMENT OF IMPROVED PRE9 DICTIVE MODEL AND ON-LOCATION TESTING RE10 QUIRED.— 

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

12 days after the date of the enactment of the Sat13 ellite Home Viewer Reauthorization Act, the 

14 Commission shall take all actions necessary to 

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

16 predictive model for reliably and presumptively 

17 determining the ability of individual locations to 

18 receive signals in accordance with the signal in19 tensity standard in section 73.622(e)(1) of title 

20 47, Code of Federal Regulations, including to 

21 account for the continuing operation of trans22 lator stations and low power television stations. 

23 The Commission shall establish procedures for 

24 the continued refinement in the application of 


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1 the model by the use of additional data as it be2 comes available. 

3 ‘‘(B) ON-LOCATION TESTING.—The Com4 mission shall issue an order completing its rule5 making proceeding in ET Docket No. 06–94 

6 within 180 days after the date of enactment of 

7 the Satellite Home Viewer Reauthorization Act. 

8 As part of such rulemaking proceeding, the 

9 Commission shall reexamine section 73.686(d) 

10 of title 47, Code of Federal Regulations, taking 

11 into account, at a minimum— 

12 ‘‘(i) the effects of the transition to 

13 digital television broadcasting; and 

14 ‘‘(ii) the continuing operation of 

15 translator stations and low power television 

16 stations.’’; 

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

18 as follows: 

19 ‘‘(A) IN GENERAL.—If a subscriber’s re20 quest for a waiver under paragraph (2) is re21 jected and the subscriber submits to the sub22 scriber’s satellite carrier a request for a test 

23 verifying the subscriber’s inability to receive a 

24 signal of the signal intensity referenced in 

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


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1 carrier and the network station or stations as2 serting that the retransmission is prohibited 

3 with respect to that subscriber shall select a 

4 qualified and independent person to conduct the 

5 test referenced in such clause. Such test shall 

6 be conducted within 30 days after the date the 

7 subscriber submits a request for the test. If the 

8 written findings and conclusions of a test con9 ducted in accordance with such clause dem10 onstrate that the subscriber does not receive a 

11 signal that meets or exceeds the requisite signal 

12 intensity standard in such clause, the subscriber 

13 shall not be denied the retransmission of a sig14 nal of a network station under section 119 of 

15 title 17, United States Code.’’; 

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

17 signal intensity’’ and all that follows through 

18 ‘‘United States Code’’ and inserting ‘‘such req19 uisite signal intensity standard’’; and 

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

21 ‘‘Grade B intensity’’. 

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

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


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1 SEC. 5. APPLICATION PENDING COMPLETION OF 

2 RULEMAKINGS. 

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

4 this Act and the adoption of rules by the Commission pur5 suant to the amendments to the Communications Act of 

6 1934 made by sections 3 and 4 of this Act, the Commis7 sion shall follow its rules and regulations promulgated 

8 pursuant to sections 338, 339, and 340 of the Commu9 nications Act of 1934 as in effect on the day before the 

10 date of enactment of this Act. 

11 (b) TRANSLATOR STATIONS AND LOW POWER TELE12 VISION STATIONS.—Notwithstanding subsection (a), for 

13 purposes of determining whether a subscriber within the 

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

15 television station affiliated with a television network is eli16 gible to receive distant signals under section 339 of such 

17 Act, the Commission shall follow its rules and regulations 

18 for determining such subscriber’s eligibility as in effect on 

19 the day before the date of enactment of this Act until the 

20 date on which the translator station or low power tele21 vision station is licensed to broadcast a digital signal. 

22 (c) DEFINITIONS.—As used in this section: 

23 (1) LOCAL MARKET; LOW POWER TELEVISION

24 STATION; SATELLITE CARRIER; SUBSCRIBER; TELE25 VISION BROADCAST STATION.—The terms ‘‘local 

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


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1 carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta2 tion’’ have the meanings given such terms in section 

3 338(k) of the Communications Act of 1934. 

4 (2) NETWORK STATION; TELEVISION NET5 WORK.—The terms ‘‘network station’’ and ‘‘tele6 vision network’’ have the meanings given such terms 

7 in section 339(d) of such Act. 

Æ 


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