H. R. 4818—588
‘‘(ii) MONTHLY LISTS.—After the submission of the
initial lists under clause (i), on the 15th of each month,
the satellite carrier shall submit to the network—
‘‘(I) a list identifying (by name and address,
including street or rural route number, city, State,
and zip code) any persons who have been added
or dropped as subscribers under clause (i)(I) since
the last submission under clause (i); and
‘‘(II) a separate list, aggregated by designated
market area (by name and street address,
including street or rural route number, city, State,
and zip code), identifying those subscribers whose
service pursuant to paragraph (3), relating to
significantly viewed stations, has been added or
dropped.
‘‘(iii) USE
OF
SUBSCRIBER
INFORMATION.—Sub-
scriber information submitted by a satellite carrier
under this subparagraph may be used only for purposes
of monitoring compliance by the satellite carrier with
this subsection.
‘‘(iv) 
APPLICABILITY.—The 
submission 
require-
ments of this subparagraph shall apply to a satellite
carrier only if the network to which the submissions
are to be made places on file with the Register of
Copyrights a document identifying the name and
address of the person to whom such submissions are
to be made. The Register shall maintain for public
inspection a file of all such documents.’’;
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as para-
graphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as para-
graphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFICANTLY VIEWED
SIGNALS.—
‘‘(A) IN GENERAL.—Notwithstanding the provisions of
paragraph (2)(B), and subject to subparagraph (B) of this
paragraph, the statutory license provided for in paragraphs
(1) and (2) shall apply to the secondary transmission of
the primary transmission of a network station or a super-
station to a subscriber who resides outside the station’s
local market (as defined in section 122(j)) but within a
community in which the signal has been determined by
the Federal Communications Commission, to be signifi-
cantly viewed in such community, pursuant to the rules,
regulations, and authorizations of the Federal Communica-
tions Commission in effect on April 15, 1976, applicable
to determining with respect to a cable system whether
signals are significantly viewed in a community.
‘‘(B) LIMITATION.—Subparagraph (A) shall apply only
to secondary transmissions of the primary transmissions
of network stations and superstations to subscribers who
receive secondary transmissions from a satellite carrier
pursuant to the statutory license under section 122.
‘‘(C) WAIVER.—
H. R. 4818—589
‘‘(i) IN GENERAL.—A subscriber who is denied the
secondary transmission of the primary transmission
of a network station under subparagraph (B) may
request a waiver from such denial by submitting a
request, through the subscriber’s satellite carrier, to
the network station in the local market affiliated with
the same network where the subscriber is located.
The network station shall accept or reject the sub-
scriber’s request for a waiver within 30 days after
receipt of the request. If the network station fails to
accept or reject the subscriber’s request for a waiver
within that 30-day period, that network station shall
be deemed to agree to the waiver request. Unless
specifically stated by the network station, a waiver
that was granted before the date of the enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004 under section 339(c)(2) of the
Communications Act of 1934 shall not constitute a
waiver for purposes of this subparagraph.
‘‘(ii) SUNSET.—The authority under clause (i) to
grant waivers shall terminate on December 31, 2008,
and any such waiver in effect shall terminate on that
date.’’;
(7) in paragraph (2)(B)(i), by adding at the end the following
new sentence: ‘‘The limitation in this clause shall not apply
to secondary transmissions under paragraph (3).’’.
SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE
LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended as
follows:
(1) Subsection (a) is amended by inserting after paragraph
(3), as added by section 102 of this Act, the following:
‘‘(4) STATUTORY
LICENSE
WHERE
RETRANSMISSIONS
INTO
LOCAL MARKET AVAILABLE.—
‘‘(A) RULES
FOR
SUBSCRIBERS
TO
ANALOG
SIGNALS
UNDER SUBSECTION (e).—
‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIG-
NALS.—In the case of a subscriber of a satellite carrier
who is eligible to receive the secondary transmission
of the primary analog transmission of a network station
solely by reason of subsection (e) (in this subparagraph
referred to as a ‘distant analog signal’), and who, as
of October 1, 2004, is receiving the distant analog
signal of that network station, the following shall
apply:
‘‘(I) In a case in which the satellite carrier
makes available to the subscriber the secondary
transmission of the primary analog transmission
of a local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory license
under paragraph (2) shall apply only to secondary
transmissions by that satellite carrier to that sub-
scriber of the distant analog signal of a station
affiliated with the same television network—