‘‘(I) the results of the study con-
ducted under clause (i); and 
‘‘(II) recommendations, if any, re-
garding changes to be made to Federal 
statutes or regulations.’’; 
(B) by amending paragraph (4)(A) to read 
as follows: 
‘‘(A) IN GENERAL.—If a subscriber’s request 
for a waiver under paragraph (2) is rejected and 
the subscriber submits to the subscriber’s satellite 
carrier a request for a test verifying the sub-
scriber’s inability to receive a signal of the sig-
nal intensity referenced in clause (i) of sub-
section (a)(2)(D), the satellite carrier and the 
network station or stations asserting that the re-
transmission is prohibited with respect to that 
subscriber shall select a qualified and inde-
pendent person to conduct the test referenced in 
such clause. Such test shall be conducted within 
30 days after the date the subscriber submits a 
request for the test. If the written findings and 
conclusions of a test conducted in accordance 
with such clause demonstrate that the subscriber 
does not receive a signal that meets or exceeds 
the requisite signal intensity standard in such 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
clause, the subscriber shall not be denied the re-
transmission of a signal of a network station 
under section 119 of title 17, United States 
Code.’’; 
(C) in paragraph (4)(B), by striking ‘‘the 
signal intensity’’ and all that follows through 
‘‘United States Code’’ and inserting ‘‘such req-
uisite signal intensity standard’’; and 
(D) in paragraph (4)(E), by striking 
‘‘Grade B intensity’’. 
(c) SECTION 340.—Section 340(i) of such Act (47 
U.S.C. 340(i)) is amended by striking paragraph (4). 
SEC. 
5. 
APPLICATION 
PENDING 
COMPLETION 
OF 
RULEMAKINGS. 
(a) IN GENERAL.—Between the date of enactment of 
this Act and the adoption of rules by the Federal Commu-
nications Commission pursuant to the amendments to the 
Communications Act of 1934 made by sections 3 and 4 of 
this Act, the Federal Communications Commission shall fol-
low its rules and regulations promulgated pursuant to sec-
tions 338, 339, and 340 of the Communications Act of 1934 
as in effect on the day before the date of enactment of this 
Act. 
(b) TRANSLATOR STATIONS AND LOW POWER TELE-
VISION STATIONS.—Notwithstanding subsection (a), for 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
purposes of determining whether a subscriber within the 
local market served by a translator station or a low power 
television station affiliated with a television network is eli-
gible to receive distant signals under section 339 of such 
Act, the Federal Communications Commission shall follow 
its rules and regulations for determining such subscriber’s 
eligibility as in effect on the day before the date of enact-
ment of this Act until the date on which the translator sta-
tion or low power television station is licensed to broadcast 
a digital signal. 
(c) DEFINITIONS.—As used in this Act: 
(1) LOCAL
MARKET; LOW
POWER
TELEVISION 
STATION; SATELLITE
CARRIER; SUBSCRIBER; TELE-
VISION BROADCAST STATION.—The terms ‘‘local mar-
ket’’, ‘‘low power television station’’, ‘‘satellite car-
rier’’, ‘‘subscriber’’, and ‘‘television broadcast station’’ 
have the meanings given such terms in section 338(k) 
of the Communications Act of 1934. 
(2) NETWORK STATION; TELEVISION NETWORK.— 
The terms ‘‘network station’’ and ‘‘television network’’ 
have the meanings given such terms in section 339(d) 
of such Act. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
SEC. 6. PROCESS FOR ISSUING QUALIFIED CARRIER CER-
TIFICATION. 
Part I of title III of the Communications Act of 1934 
is amended by adding at the end the following new section: 
‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 
CERTIFICATION. 
‘‘(a) CERTIFICATION.—The Commission shall issue a 
certification for the purposes of section 119(g)(3)(A)(iii) of 
title 17, United States Code, if the Commission determines 
that— 
‘‘(1) a satellite carrier is providing local service 
pursuant to the statutory license under section 122 of 
such title in each designated market area; and 
‘‘(2) with respect to each designated market area 
in which such satellite carrier was not providing such 
local service as of the date of enactment of the Sat-
ellite Home Viewer Reauthorization Act of 2009— 
‘‘(A) the satellite carrier’s satellite beams 
are designed, and predicted by the satellite man-
ufacturer’s pre-launch test data, to provide a 
good quality satellite signal to 90 percent of the 
households in each such designated market area 
based on the most recent census data released by 
the United States Census Bureau; and 
‘‘(B) there is no material evidence that there 
has been a satellite or sub-system failure subse-
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
quent to the satellite’s launch that precludes the 
ability of the satellite carrier to satisfy the re-
quirements of subparagraph (A). 
‘‘(b) INFORMATION REQUIRED.—Any entity seeking 
the certification provided for in subsection (a) shall submit 
to the Commission the following information: 
‘‘(1) An affidavit stating that, to the best of the 
affiant’s knowledge, the satellite carrier provides local 
service in all designated market areas pursuant to the 
statutory license provided for in section 122 of title 
17, United States Code, and listing those designated 
market areas in which local service was provided as 
of the date of enactment of the Satellite Home Viewer 
Reauthorization Act of 2009. 
‘‘(2) For each designated market area not listed 
in paragraph (1): 
‘‘(A) Identification of each such designated 
market area and the location of its local receive 
facility. 
‘‘(B) Data showing the number of house-
holds, and maps showing the geographic dis-
tribution thereof, in each such designated market 
area based on the most recent census data re-
leased by the United States Census Bureau. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
‘‘(C) Maps, with superimposed effective 
isotropically radiated power predictions obtained 
in the satellite manufacturer’s pre-launch tests, 
showing that the contours of the carrier’s satellite 
beams as designed and the geographic area that 
the carrier’s satellite beams are designed to cover 
are predicted to provide a good quality satellite 
signal to 90 percent of the households in such 
designated market area based on the most recent 
census data released by the United States Census 
Bureau. 
‘‘(D) For any satellite relied upon for cer-
tification under this section, an affidavit stating 
that, to the best of the affiant’s knowledge, there 
have been no satellite or sub-system failures sub-
sequent to the satellite’s launch that would de-
grade the design performance to such a degree 
that a satellite transponder used to provide local 
service to any such designated market area is 
precluded from delivering a good quality satellite 
signal to 90 percent of the households in such 
designated market area based on the most recent 
census data released by the United States Census 
Bureau. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
‘‘(E) Any additional engineering, des-
ignated market area, or other information the 
Commission considers necessary to determine 
whether the Commission shall grant a certifi-
cation under this section. 
‘‘(c) CERTIFICATION ISSUANCE.— 
‘‘(1) PUBLIC COMMENT.—The Commission shall 
provide 30 days for public comment on a request for 
certification under this section. 
‘‘(2) DEADLINE FOR DECISION.—The Commis-
sion shall grant or deny a request for certification 
within 90 days after the date on which such request 
is filed. 
‘‘(d) SUBSEQUENT AFFIRMATION.—An entity granted 
qualified carrier status pursuant to section 119(g) of title 
17, United States Code, shall file an affidavit with the Com-
mission 30 months after such status was granted stating 
that, to the best of the affiant’s knowledge, it is in compli-
ance with the requirements for a qualified carrier. 
‘‘(e) DEFINITIONS.—For the purposes of this section: 
‘‘(1) DESIGNATED
MARKET
AREA.—The term 
‘designated market area’ has the meaning given such 
term in section 122(j)(2)(C) of title 17, United States 
Code. 
‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
‘‘(A) IN GENERAL.—The term ‘‘good quality 
satellite signal’’ means— 
‘‘(i) a satellite signal whose power level 
as designed shall achieve reception and de-
modulation of the signal at an availability 
level of at least 99.7 percent using models of 
satellite antennas normally used by the sat-
ellite carrier’s subscribers and the same cal-
culation methodology used by the satellite 
carrier to determine predicted signal avail-
ability in the top 100 designated market 
areas; and 
‘‘(ii) a video signal transmitted by sat-
ellite carrier such that, taking into account 
whether a signal is in standard definition 
format or high definition format, compres-
sion methodology, modulation, error correc-
tion, power level, and utilization of ad-
vances in technology that does not cir-
cumvent the intent of this section to provide 
for non-discriminatory treatment with re-
spect to any comparable television broadcast 
station signal— 
‘‘(I) the satellite carrier treats all 
television broadcast station’s signals 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
the same with respect to statistical 
multiplexer prioritization; and 
‘‘(II) the number of video signals 
in the relevant satellite transponder is 
not more than the then current greatest 
number of video signals carried on any 
equivalent transponder serving the top 
100 designated market areas. 
‘‘(B) DETERMINATION.—For the purposes of 
subparagraph (A), the top 100 designated market 
areas shall be as determined by Nielsen Media 
Research and published in the Nielsen Station 
Index Directory and Nielsen Station Index 
United States Television Household Estimates or 
any successor publication as of the date of a sat-
ellite carrier’s application for certification under 
this section.’’. 
SEC. 7. SAVINGS CLAUSE REGARDING DEFINITIONS. 
Nothing in this Act or the amendments made by this 
Act shall be construed to affect the definitions of ‘‘program 
related’’ and ‘‘primary video’’ in the Communications Act 
of 1934 or in any regulations promulgated pursuant to such 
Act by the Federal Communications Commission. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
SEC. 8. SAVINGS CLAUSE REGARDING USE OF NON-COM-
PULSORY LICENSES; REPORT. 
(a) IN GENERAL.—Nothing in this Act, the Commu-
nications Act of 1934, or regulations promulgated by the 
Federal Communications Commission under this Act or the 
Communications Act of 1934 shall limit the ability of a 
satellite carrier to retransmit a performance or display of 
a work pursuant to an authorization granted by the copy-
right owner or, if within the scope of its authorization, its 
licensee. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Federal Communications Com-
mission shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report containing an analysis of— 
(1) the number of households in a State that re-
ceive local broadcast stations from a station of license 
that is located in a different State; 
(2) the extent to which consumers have access to 
in-state broadcast programming; and 
(3) whether there are alternatives to the use of 
designated market areas, as defined in section 122 of 
title 17, United States Code, to define local markets 
that would provide more consumers with in-state 
broadcast programming. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
SEC. 9. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFI-
NITION DIGITAL SIGNALS OF NONCOMMER-
CIAL EDUCATIONAL TELEVISION STATIONS. 
(a) IN GENERAL.—Section 338(a) of the Communica-
tions Act of 1934 (47 U.S.C. 338(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH 
DEFINITION
SIGNALS
OF
NONCOMMERCIAL
EDU-
CATIONAL TELEVISION STATIONS.— 
‘‘(A) EXISTING CARRIAGE OF HIGH DEFINI-
TION
SIGNALS.—Each eligible satellite carrier 
providing, under section 122 of title 17, United 
States Code, any secondary transmissions in 
high definition to subscribers located within the 
local market of a television broadcast station of 
a primary transmission made by that station 
prior to the date of enactment of this paragraph 
shall carry the high-definition signals of quali-
fied noncommercial educational television sta-
tions located within that local market in accord-
ance with the following schedule: 
‘‘(i) By December 31, 2010, in at least 
50 percent of the markets in which such sat-
ellite carrier provides such secondary trans-
missions in high definition. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
‘‘(ii) By December 31, 2011, in every 
market in which such satellite carrier pro-
vides such secondary transmissions in high 
definition. 
‘‘(B) NEW INITIATION OF SERVICE.—Each 
eligible satellite carrier that initiates the provi-
sion, under section 122 of title 17, United States 
Code, of any secondary transmissions in high 
definition to subscribers located within the local 
market of a television broadcast station of a pri-
mary transmission made by that station after 
the date of enactment of this paragraph shall 
carry the high-definition signals of all qualified 
noncommercial educational television stations lo-
cated within that local market.’’. 
(b) DEFINITIONS.—Section 338(k) of such Act (47 
U.S.C. 338(k)) is amended— 
(1) by redesignating paragraphs (2) through (8) 
as paragraphs (3) through (9), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 
‘eligible satellite carrier’ means any satellite carrier 
that is not a party to a carriage contract with a
qualified noncommercial educational television sta-
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
tion, or its representative, that is in force and effect 
as of the date of enactment of this paragraph.’’; 
(3) by redesignating paragraphs (6) through (9) 
(as previously redesignated) as paragraphs (7) 
through (10), respectively; and 
(4) by inserting after paragraph (5) (as so redes-
ignated) the following new paragraph: 
‘‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL 
TELEVISION
STATION.—The term ‘qualified non-
commercial educational television station’ has the 
meaning given such term in section 615(l)(1) of this 
Act.’’. 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS
Union Calendar No. 201 
111TH CONGRESS 
1ST SESSION 
H. R. 2994 
[Report No. 111–349] 
A BILL 
To reauthorize the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004, and for 
other purposes. 
DECEMBER 2, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Nov 24 2008 
20:50 Dec 02, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6651
Sfmt 6651
E:\BILLS\H2994.RH
H2994
mstockstill on DSKH9S0YB1PROD with BILLS