tioning rights provided to such stations under this section,
except that any such station may be required to bear the
costs associated with delivering a good quality signal to
the local receive facility of the satellite carrier.
‘‘(f) REMEDIES.—
‘‘(1) COMPLAINTS BY BROADCAST STATIONS.—
Whenever a local television broadcast station believes
that a satellite carrier has failed to meet its obliga-
tions under this section, such station shall notify the
carrier, in writing, of the alleged failure and identify
its reasons for believing that the satellite carrier is
obligated to carry upon request the signal of such
station or has otherwise failed to comply with other
requirements of this section. The satellite carrier
shall, within 30 days of such written notification, re-
spond in writing to such notification and either
begin carrying the signal of such station in accord-
ance with the terms requested or state its reasons
for believing that it is not obligated to carry such
signal or is in compliance with other requirements of
this section, as the case may be. A local television
broadcast station that is denied carriage in accord-
ance with this section by a satellite carrier or is oth-
erwise harmed by a response by a satellite carrier
that it is in compliance with other requirements of
this section may obtain review of such denial or re-
sponse by filing a complaint with the Commission.
Such complaint shall allege the manner in which
such satellite carrier has failed to meet its obliga-
tions and the basis for such allegations.
‘‘(2) OPPORTUNITY TO RESPOND.—The Com-
mission shall afford the satellite carrier against
which a complaint is filed under paragraph (1) an
opportunity to present data and arguments to estab-
lish that there has been no failure to meet its obliga-
tions under this section.
‘‘(3) REMEDIAL ACTIONS; DISMISSAL.—Within
120 days after the date a complaint is filed under
paragraph (1), the Commission shall determine
whether the satellite carrier has met its obligations
under this chapter. If the Commission determines
that the satellite carrier has failed to meet such obli-
gations, the Commission shall order the satellite car-
rier, in the case of an obligation to carry a station,
to begin carriage of the station and to continue such
carriage for at least 12 months, or, in the case of
the failure to meet other obligations under this sec-
tion, shall take other appropriate remedial action. If
the Commission determines that the satellite carrier
has fully met the requirements of this chapter, the
Commission shall dismiss the complaint.
‘‘(g) REGULATIONS BY COMMISSION.—Within 180
days after the date of enactment of this section, the Com-
mission shall, following a rulemaking proceeding, issue
regulations implementing this section.
‘‘(h) DEFINITIONS.—As used in this section:
‘‘(1) 
SUBSCRIBER.—The 
term 
‘subscriber’
means a person that receives a secondary trans-
mission service by means of a secondary trans-
mission from a satellite and pays a fee for the serv-
ice, directly or indirectly, to the satellite carrier or
to a distributor.
‘‘(2) DISTRIBUTOR.—The term ‘distributor’
means an entity which contracts to distribute sec-
ondary transmissions from a satellite carrier and, ei-
ther as a single channel or in a package with other
programming, provides the secondary transmission
either directly to individual subscribers or indirectly
through other program distribution entities.
‘‘(3) LOCAL
RECEIVE
FACILITY.—The term
‘local receive facility’ means the reception point in
each local market which a satellite carrier designates
for delivery of the signal of the station for purposes
of retransmission.
‘‘(4) TELEVISION
BROADCAST
STATION.—The
term ‘television broadcast station’ has the meaning
given such term in section 325(b)(7).
‘‘(5) SECONDARY
TRANSMISSION.—The term
‘secondary transmission’ has the meaning given such
term in section 119(d) of title 17, United States
Code.’’.
SEC. 104. NONDUPLICATION OF PROGRAMMING BROAD-
CAST BY LOCAL STATIONS.
Section 712 of the Communications Act of 1934 (47
U.S.C. 612) is amended to read as follows:
‘‘SEC. 712. NONDUPLICATION OF PROGRAMMING BROAD-
CAST BY LOCAL STATIONS.
‘‘(a) EXTENSION OF NETWORK NONDUPLICATION,
SYNDICATED EXCLUSIVITY, AND SPORTS BLACKOUT TO
SATELLITE RETRANSMISSION.—Within 45 days after the
date of enactment of the Satellite Competition and Con-
sumer Protection Act, the Commission shall commence a
single rulemaking proceeding to establish regulations that
apply network nonduplication protection, syndicated exclu-
sivity protection, and sports blackout protection to the re-
transmission of broadcast signals by satellite carriers to
subscribers. To the extent possible consistent with sub-
section (b), such regulations shall provide the same degree
of protection against retransmission of broadcast signals
as is provided by the network nonduplication (47 C.F.R.
76.92), syndicated exclusivity (47 C.F.R. 151), and sports
blackout (47 C.F.R. 76.67) rules applicable to cable tele-
vision systems. The Commission shall complete all actions
necessary to prescribe regulations required by this section
so that the regulations shall become effective within 1 year
after such date of enactment.
‘‘(b) ESTABLISHMENT OF NETWORK NONDUPLICA-
TION BOUNDARIES.—
‘‘(1) ESTABLISHMENT
OF
SIGNAL
STANDARD
FOR NETWORK NONDUPLICATION REQUIRED.—The
Commission shall establish a signal intensity stand-
ard for purposes of determining the network non-
duplication rights of local television broadcast sta-
tions. Until revised pursuant to subsection (c), such
standard shall be the Grade B field strength stand-
ard prescribed by the Commission in section 73.683
of the Commission’s regulations (47 C.F.R. 73.683).
For purposes of this section, the standard estab-
lished under this paragraph is referred to as the
‘Network Nonduplication Signal Standard’.
‘‘(2) ESTABLISHMENT
OF
IMPROVED
PRE-
DICTIVE MODEL REQUIRED.—Within 180 days after
the date of enactment of the Satellite Competition
and Consumer Protection Act, the Commission shall
take all actions necessary, including any reconsider-
ation, to develop and prescribe by rule a point-to-
point predictive model for reliably and presumptively
determining the ability of individual locations to re-
ceive signals in accordance with the Network Non-
duplication Signal Standard. In prescribing such
model, the Commission shall ensure that such model
takes into account terrain, building structures, and
other land cover variations. The Commission shall
establish procedures for the continued refinement in
the application of the model by the use of additional
data as it becomes available. For purposes of this
section, such model is referred to as the ‘Network
Nonduplication Reception Model’, and the area en-
compassing locations that are predicted to have the
ability to receive such a signal of a particular broad-
cast station is referred to as that station’s ‘Recep-
tion Model Area’.
‘‘(3) NETWORK
NONDUPLICATION.—The net-
work nonduplication regulations required under sub-
section (a) shall allow a television network station to
assert nonduplication rights as follows:
‘‘(A) If a satellite carrier is retransmitting
that station, or any other television broadcast
stations located in the same local market, to
subscribers located in that station’s local mar-
ket, the television network station may assert
nonduplication rights against the satellite car-
rier throughout the area within which that sta-
tion may assert such rights under the rules ap-
plicable to cable television systems (47 C.F.R.
76.92).
‘‘(B) If a satellite carrier is not retransmit-
ting any television broadcast stations located in
the television network station’s local market to
subscribers located in such market, the tele-
vision network station may assert nonduplica-
tion rights against the satellite carrier in the
geographic area that is within such station’s
Reception Model Area, but such geographic
area shall not extend beyond the local market
of such station.
‘‘(4) WAIVERS.—A subscriber may request a
waiver from network nonduplication by submitting a
request, through such subscriber’s satellite carrier,
to the television network station asserting non-
duplication rights. The television network station
shall accept or reject a subscriber’s request for a
waiver within 30 days after receipt of the request.
The network nonduplication protection described in
paragraph (3)(B) shall not apply to a subscriber if
such station agrees to the waiver request and files
with the satellite carrier a written waiver with re-
spect to that subscriber allowing the subscriber to
receive satellite retransmission of another network
station affiliated with that same network. The tele-
vision network station and the satellite carrier shall
maintain a file available to the public that contains
such waiver requests and the acceptances and rejec-
tions thereof.
‘‘(5) OBJECTIVE VERIFICATION.—
‘‘(A) IN GENERAL.—If a subscriber’s re-
quest for a waiver under paragraph (4) is re-
jected and the subscriber submits to the sub-
scriber’s satellite carrier a request for a test
verifying the subscriber’s inability to receive a
signal that meets the Network Nonduplication
Signal Standard, the satellite carrier and the
television network station or stations asserting
nonduplication rights with respect to that sub-
scriber shall select a qualified and independent
person to conduct a test in accordance with the
provisions of section 73.686(d) of title 47, Code
of Federal Regulations, or any successor regula-
tion. Such test shall be conducted within 30
days after the date the subscriber submits a re-
quest for the test. If the written findings and
conclusions of a test conducted in accordance
with the provisions of such section (or any suc-
cessor regulation) demonstrate that the sub-
scriber does not receive a signal that meets or
exceeds the Network Nonduplication Signal
Standard, the network nonduplication rights de-
scribed in paragraph (3)(B) shall not apply to
that subscriber.
‘‘(B) DESIGNATION OF TESTOR AND ALLO-
CATION OF COSTS.—If the satellite carrier and
the television network station or stations assert-
ing nonduplication rights are unable to agree on
such a person to conduct the test, the person
shall be designated by an independent and neu-
tral entity designated by the Commission by
rule. Unless the satellite carrier and the tele-
vision network station or stations asserting non-
duplication rights otherwise agree, the costs of
conducting the test under this paragraph shall
be borne equally by the satellite carrier and the
television network station or stations asserting
nonduplication rights. A subscriber may not be
required to bear any portion of the cost of such
test.
‘‘(6) RECREATIONAL
VEHICLE
LOCATION.—In
the case of a subscriber to a satellite carrier who has
installed satellite reception equipment in a rec-
reational vehicle, and who has permitted any tele-
vision network station seeking to assert network
nonduplication rights to verify the motor vehicle reg-
istration, license, and proof of ownership of such ve-
hicle, the subscriber shall be considered to be outside
the local market and Reception Model Area of such
station. For purposes of this paragraph, the term
‘recreational vehicle’ does not include any residential
manufactured home, as defined in section 603(6) of
the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C.
5402(6)).
‘‘(c) REVIEW AND REVISION OF STANDARDS AND
MODEL.—
‘‘(1) ONGOING INQUIRY REQUIRED.—Not later
than 2 years after the date of enactment of the Sat-
ellite Competition and Consumer Protection Act, the
Commission shall conduct an inquiry of the extent to
which the Network Nonduplication Signal Standard,
the Network Nonduplication Reception Model, and
the Reception Model Areas of television stations are
adequate to reliably measure the ability of con-
sumers to receive an acceptable over-the-air tele-
vision broadcast signal.
‘‘(2) DATA TO BE CONSIDERED.—In conducting
the inquiry required by paragraph (1), the Commis-
sion shall consider—
‘‘(A) the number of subscribers requesting
waivers under subsection (b)(4), and the num-
ber of waivers that are denied;
‘‘(B) the number of subscribers submitting
petitions under subsection (b)(5), and the num-
ber of such petitions that are granted;
‘‘(C) the results of any consumer research
study that may be undertaken to carry out the
purposes of this section; and
‘‘(D) the extent to which consumers are
not legally entitled to install broadcast reception
devices assumed in the Commission’s standard.
‘‘(3) REPORT AND ACTION.—The Commission
shall submit to the Congress a report on the inquiry
required by this subsection not later than the end of
the 2-year period described in paragraph (1). The
Commission shall complete any actions necessary to
revise the Network Nonduplication Signal Standard,
the Network Nonduplication Reception Model, and
the Reception Model Areas of television stations in
accordance with the findings of such inquiry not
later than 6 months after the end of such 2-year pe-
riod.
‘‘(4) DATA
SUBMISSION.—The Commission
shall prescribe by rule the data required to be sub-
mitted by television broadcast stations and by sat-
ellite carriers to the Commission or such designated
entity to carry out this subsection, and the format
for submission of such data.’’.
SEC. 105. CONSENT OF MEMBERSHIP TO RETRANSMISSION
OF PUBLIC BROADCASTING SERVICE SAT-
ELLITE FEED.
Section 396 of the Communications Act of 1934 (47
U.S.C. 396) is amended by adding at the end the following
new subsection:
‘‘(n) The Public Broadcasting Service shall certify to
the Board on an annual basis that a majority of its mem-
bership supports or does not support the secondary trans-
mission of the Public Broadcasting Service satellite feed,
and provide notice to each satellite carrier carrying such
feed of such certification.’’.
‘‘(2) SUBSEQUENT LISTS.—After the list is sub-
mitted under paragraph (1), the satellite carrier
shall, on the 15th of each month, submit to the net-
work a list identifying (by name in alphabetical
order and street address, including county and zip
code) any subscribers who have been added or
dropped as subscribers since the last submission
under this subsection.
‘‘(3) USE OF SUBSCRIBER INFORMATION.—Sub-
scriber information submitted by a satellite carrier
under this subsection may be used only for the pur-
poses of monitoring compliance by the satellite car-
rier with this section.
‘‘(4) REQUIREMENTS OF STATIONS.—The sub-
mission requirements of this subsection 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 sub-
missions are to be made. The Register shall main-
tain for public inspection a file of all such docu-
ments.
‘‘(c) NO ROYALTY FEE REQUIRED.—A satellite car-
rier whose secondary transmissions are subject to statu-