if it clearly appears, based on written filings by the
parties, that there is a genuine dispute about mate-
rial facts. Except as provided in the preceding sen-
tence, the Commission may issue a final ruling
based on written filings by the parties.
‘‘(3) REMEDIES IN ADDITION.—The remedies
under this subsection are in addition to any rem-
edies available under title 17, United States Code.
‘‘(4) 
NO
EFFECT
ON
COPYRIGHT
PRO-
CEEDINGS.—Any determination, action, or failure to
act of the Commission under this subsection shall
have no effect on any proceeding under title 17,
United States Code, and shall not be introduced in
evidence in any proceeding under that title. In no in-
stance shall a Commission enforcement proceeding
under this subsection be required as a predicate to
the pursuit of a remedy available under title 17.
‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED
STATIONS.—Each satellite carrier that proposes to com-
mence the retransmission of a station pursuant to this sec-
tion in any local market shall—
‘‘(1) not less than 60 days before commencing
such retransmission, provide a written notice to any
television broadcast station in such local market of
such proposal; and
‘‘(2) designate on such carrier’s website all sig-
nificantly viewed signals carried pursuant to section
340 and the communities in which the signals are
carried.
‘‘(h) ADDITIONAL CORRESPONDING CHANGES
IN
REGULATIONS.—
‘‘(1) 
COMMUNITY-BY-COMMUNITY
ELEC-
TIONS.—The Commission shall, no later than April
30, 2005, revise section 76.66 of its regulations (47
CFR 76.66), concerning satellite broadcast signal
carriage, to permit (at the next cycle of elections
under section 325) a television broadcast station
that is located in a local market into which a sat-
ellite carrier retransmits a television broadcast sta-
tion pursuant to section 338, to elect, with respect
to such satellite carrier, between retransmission con-
sent pursuant to such section 325 and mandatory
carriage pursuant to section 338 separately for each
county within such station’s local market, if—
‘‘(A) the satellite carrier has notified the
station, pursuant to paragraph (3), that it in-
tends to carry another affiliate of the same net-
work pursuant to this section during the rel-
evant election period in the station’s local mar-
ket; or
‘‘(B) on the date notification under para-
graph (3) was due, the satellite carrier was re-
transmitting into the station’s local market pur-
suant to this section an affiliate of the same tel-
evision network.
‘‘(2) UNIFIED NEGOTIATIONS.—In revising its
regulations as required by paragraph (1), the Com-
mission shall provide that any such station shall con-
duct a unified negotiation for the entire portion of
its local market for which retransmission consent is
elected.
‘‘(3) ADDITIONAL PROVISIONS.—The Commis-
sion shall, no later than April 30, 2005, revise its
regulations to provide the following:
‘‘(A) NOTIFICATIONS BY SATELLITE CAR-
RIER.—A satellite carrier’s retransmission of
television broadcast stations pursuant to this
section shall be subject to the following limita-
tions:
‘‘(i) In any local market in which the
satellite carrier provides service pursuant
to section 338 on the date of enactment of
the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the carrier
may notify a television broadcast station in
that market, at least 60 days prior to any
date on which the station must thereafter
make an election under section 76.66 of
the Commission’s regulations (47 CFR
76.66), of—
‘‘(I) each affiliate of the same
television network that the carrier re-
serves the right to retransmit into
that station’s local market pursuant
to this section during the next election
cycle under such section of such regu-
lations; and
‘‘(II) for each such affiliate, the
communities into which the satellite
carrier reserves the right to make
such retransmissions.
‘‘(ii) In any local market in which the
satellite carrier commences service pursu-
ant to section 338 after the date of enact-
ment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004, the
carrier may notify a station in that mar-
ket, at least 60 days prior to the introduc-
tion of such service in that market, and
thereafter at least 60 days prior to any
date on which the station must thereafter
make an election under section 76.66 of
the Commission’s regulations (47 CFR
76.66), of each affiliate of the same tele-
vision network that the carrier reserves the
right to retransmit into that station’s local
market during the next election cycle
under such section of such regulations.
‘‘(iii) Beginning with the 2005 elec-
tion cycle, a satellite carrier may only re-
transmit pursuant to this section during
the pertinent election period a signal—
‘‘(I) as to which it has provided
the notifications set forth in clauses
(i) and (ii); or
‘‘(II) that it was retransmitting
into the local market under this sec-
tion as of the date such notifications
were due.
‘‘(B) HARMONIZATION OF ELECTIONS AND
RETRANSMISSION CONSENT AGREEMENTS.—If a
satellite carrier notifies a television broadcast
station that it reserves the right to retransmit
an affiliate of the same television network dur-
ing the next election cycle pursuant to this sec-