171 
able antenna in Alaska and Hawaii 
with a gain that is no more than 4 dB 
greater than that used to provide the 
service 
in 
the 
contiguous 
United 
States; and 
‘‘(II) with respect to services of-
fered over spot beams covering portions 
of the contiguous United States, the 
carrier must make best efforts to ensure 
that the effective isotropic radiated 
power of the satellite on the downlink 
and, where applicable, the efficiency of 
the satellite receive antenna (G/T) shall 
allow the use of the same antenna in 
Alaska and Hawaii as provided in the 
contiguous United States for the serv-
ice. 
‘‘(B) 
TECHNICAL
FEASIBILITY.—It 
is 
deemed not technically feasible for a satellite 
with a look angle to any area of less than 8.25 
degrees to provide service to such area at the sig-
nal power levels described in subparagraph (A). 
‘‘(3) SATELLITE
CARRIER
DEFINED.—In this 
subsection, the term ‘satellite carrier’ means an entity 
that uses the facilities of a satellite in the Fixed-Sat-
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172 
ellite Service, the Direct Broadcast Satellite service, 
the Broadcast Satellite Service, the Mobile-Satellite 
Service, or the Digital Audio Radio Service that is li-
censed by the Commission under part 25 of title 47, 
Code of Federal Regulations, or is licensed or author-
ized by a foreign government.’’. 
(b) EFFECTIVE DATE.—Section 335(c) of the Commu-
nications Act of 1934, as added by subsection (a), shall take 
effect 36 months after the date of enactment of this Act. 
(c) EXCEPTION.—Nothing in this section, nor any 
amendment made by this section, shall require any satellite 
carrier to take any action that the Commision determines 
will materially impact the signal quality or availability 
of programming available to subscribers of such carrier in 
the continental United States. 
(d) IMPLEMENTATION BY COMMISSION.— 
(1) IN GENERAL.—The Federal Communications 
Commission shall adopt such rules and policies as are 
necessary to implement and enforce section 335(c) of 
the Communications Act of 1934 (47 U.S.C. 335(c)). 
(2) AMENDMENT
OF
RULES.—Within 30 days 
after the date of enactment of this Act, the Commis-
sion shall amend section 1.4000(a)(1)(i)(B) of its 
rules (47 C.F.R. 1.4000(a)(1)(i)(B)) to insert ‘‘and 
Hawaii’’ after ‘‘Alaska’’. 
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173 
Subtitle B—Video and Audio Flag 
SEC. 451. SHORT TITLE. 
This subtitle may be cited as the ‘‘Digital Content Pro-
tection Act of 2006’’. 
SEC. 452. PROTECTION OF DIGITAL BROADCAST VIDEO 
CONTENT. 
(a) IN GENERAL.—Section 303 (47 U.S.C. 303) is 
amended by adding at the end the following: 
‘‘(z) Have authority with respect to digital television 
receivers to adopt such regulations and certifications as are 
necessary to implement the Report and Order in the matter 
of Digital Broadcast Content Protection, FCC 03–273, as 
ratified by the Congress in section 102(b) of the Consumer 
Competition and Broadband Promotion Act, with the exclu-
sive purpose of limiting the indiscriminate redistribution 
of digital television content over the Internet or similar dis-
tribution platforms, including the authority to reconsider, 
amend, repeal, supplement, and otherwise modify any such 
regulations and certifications, in whole or in part, only for 
that purpose.’’. 
(b) RATIFICATION OF FCC REPORT AND ORDERS.— 
The Report and Order in the matter of Digital Broadcast 
Content Protection, FCC 03–273, and the Order in the mat-
ter of Digital Output Protection Technology and Recording 
Method Certifications, FCC 04–193, are ratified, subject to 
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174 
the limitations set forth in subsection (d), and shall become 
effective 12 months after the date of enactment of this Act. 
(c) EXPEDITED PROCEEDING FOR CERTIFYING TECH-
NOLOGIES FOR USE IN DISTANCE EDUCATION.—Within 30 
days after the date of enactment of this Act, the Federal 
Communications Commission shall initiate a further pro-
ceeding for the approval of digital output protection tech-
nologies and recording methods for use in the course of dis-
tance learning activities. The proceeding shall be conducted 
in accordance with the expedited procedures established for 
the Interim Approval of Authorized Digital Output Protec-
tion Technologies and Authorized Recording Methods in the 
Report and Order described in subsection (b). The pro-
ceeding shall have no effect on certifications made pursuant 
to the Order in the matter of Digital Output Protection 
Technology and Recording Method Certifications described 
in subsection (b), as ratified in that subsection. 
(d) LIMITATIONS.— 
(1) IN GENERAL.—Nothing in this Act or section 
303(z) of the Communications Act of 1934 (47 U.S.C. 
303(z)), or in regulations of the Commission adopted 
pursuant thereto, shall— 
(A) limit the Commission’s authority to ap-
prove digital output protection technologies and 
recording methods that allow for the redistribu-
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