tion, the station may choose between retrans-
mission consent and mandatory carriage for
any portion of the 3-year election cycle that is
not covered by an existing retransmission con-
sent agreement.
‘‘(i) DEFINITIONS.—As used in this section:
‘‘(1) LOCAL
MARKET; SATELLITE
CARRIER;
SUBSCRIBER; TELEVISION
BROADCAST
STATION.—
The terms ‘local market’, ‘satellite carrier’, ‘sub-
scriber’, and ‘television broadcast station’ have the
meanings given such terms in section 338(k).
‘‘(2) NETWORK
STATION; TELEVISION
NET-
WORK.—The terms ‘network station’ and ‘television
network’ have the meanings given such terms in sec-
tion 339(d).
‘‘(3) 
COMMUNITY.—The 
term 
‘community’
means—
‘‘(A) a county or a cable community, as de-
termined under the rules, regulations, and au-
thorizations of the Commission applicable to de-
termining with respect to a cable system wheth-
er signals are significantly viewed; or
‘‘(B) a satellite community, as determined
under such rules, regulations, and authoriza-
tions (or revisions thereof) as the Commission
may prescribe in implementing the require-
ments of this section.
‘‘(4) 
BANDWIDTH.—The 
terms 
‘equivalent
bandwidth’ and ‘entire bandwidth’ shall be defined
by the Commission by regulation.’’.
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE
DISH.
(a) AMENDMENTS.—Section 338 of the Communica-
tions Act of 1934 (47 U.S.C. 338(d)) is amended—
(1) by redesignating subsections (g) and (h) as
subsections (j) and (k), respectively; and
(2) by inserting after subsection (f) the fol-
lowing new subsection:
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE
DISH.—
‘‘(1) SINGLE DISH.—Each satellite carrier that
retransmits the analog signals of local television
broadcast stations in a local market shall retransmit
such analog signals in such market by means of a
single reception antenna and associated equipment.
‘‘(2) EXCEPTION.—If the carrier retransmits
signals in the digital television service, the carrier
shall retransmit such digital signals in such market
by means of a single reception antenna and associ-
ated equipment, but such antenna and associated
equipment may be separate from the single reception
antenna and associated equipment used for analog
television service signals.
‘‘(3) EFFECTIVE DATE.—The requirements of
paragraphs (1) and (2) of this subsection shall apply
on and after one year after the date of enactment
of the Satellite Home Viewer Extension and Reau-
thorization Act of 2004.
‘‘(4) NOTICE OF DISRUPTIONS.—A carrier that
is providing signals of a local television broadcast
station in a local market under this section on the
date of enactment of the Satellite Home Viewer Ex-
tension and Reauthorization Act of 2004 shall, not
later than 270 days after such date of enactment,
provide to the licensees for such stations and the
carrier’s subscribers in such local market a notice
that displays prominently and conspicuously a clear
statement of—
‘‘(A) any reallocation of signals between
different reception antennas and associated
equipment that the carrier intends to make in
order to comply with the requirements of this
subsection;
‘‘(B) the need, if any, for subscribers to
obtain an additional reception antenna and as-
sociated equipment to receive such signals; and
‘‘(C) any cessation of carriage or other ma-
terial change in the carriage of signals as a con-
sequence of the requirements of this para-
graph.’’.
(b) CONFORMING AMENDMENTS: COMMISSION EN-
FORCEMENT OF SECTION; LOW POWER TELEVISION STA-
TIONS.—
(1) Section 338(a) of such Act is amended by
striking paragraphs (1) and (2) and inserting the
following:
‘‘(1) IN GENERAL.—Each satellite carrier pro-
viding, under section 122 of title 17, United States
Code, secondary transmissions to subscribers located
within the local market of a television broadcast sta-
tion of a primary transmission made by that station
shall carry upon request the signals of all television
broadcast stations located within that local market,
subject to section 325(b).
‘‘(2) REMEDIES FOR FAILURE TO CARRY.—In
addition to the remedies available to television
broadcast stations under section 501(f) of title 17,
United States Code, the Commission may use the
Commission’s authority under this Act to assure
compliance with the obligations of this subsection,
but in no instance shall a Commission enforcement
proceeding be required as a predicate to the pursuit
of a remedy available under such section 501(f).
‘‘(3) LOW
POWER
STATION
CARRIAGE
OP-
TIONAL.—No low power television station whose sig-
nals are provided under section 119(a)(14) of title
17, United States Code, shall be entitled to insist on
carriage under this section, regardless of whether
the satellite carrier provides secondary transmissions
of the primary transmissions of other stations in the
same local market pursuant to section 122 of such
title, nor shall any such carriage be considered in
connection with the requirements of subsection (c) of
this section.’’.
(2) Section 338(c)(1) of such Act is amended
by striking ‘‘subsection (a)’’ and inserting ‘‘sub-
section (a)(1)’’.
(3) Section 338(k) of such Act (as redesignated
by subsection (a)(1)) is amended—
(A) 
by 
redesignating 
paragraphs 
(4)
through (7) as paragraphs (5) through (8), re-
spectively; and
(B) by inserting after paragraph (3) the
following new paragraph:
‘‘(4) LOW POWER TELEVISION STATION.—The
term ‘low power television station’ means a low
power television station as defined under section
74.701(f) of title 47, Code of Federal Regulations,
as in effect on June 1, 2004. For purposes of this
paragraph, the term ‘‘low power television station’’
includes a low power television station that has been
accorded primary status as a Class A television li-
censee under section 73.6001(a) of title 47, Code of
Federal Regulations.’’.
SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH
LOCAL SIGNALS.
Section 339(a) of the Communications Act of 1934
(47 U.S.C. 339(a)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH
LOCAL SIGNALS.—Notwithstanding any other provi-
sion of paragraph (1), the following rules shall apply
after the date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act of 2004:
‘‘(A) RULES FOR GRANDFATHERED SUB-
SCRIBERS.—
‘‘(i) FOR THOSE RECEIVING DISTANT
SIGNALS.—In the case of a subscriber of a
satellite carrier who is eligible to receive
the signal of a network station solely by
reason of section 119(e) of title 17, United
States Code (in this subparagraph referred
to as a ‘distant signal’), and who, as of Oc-
tober 1, 2004, is receiving the distant sig-
nal of that network station, the following
shall apply:
‘‘(I) In a case in which the sat-
ellite carrier makes available to the
subscriber the signal of a local net-
work station affiliated with the same
television network pursuant to section
338, the carrier may only provide the
secondary transmissions of the distant
signal of a station affiliated with the
same network to that subscriber—
‘‘(aa) if, within 60 days
after receiving the notice of the
satellite carrier under section
338(h)(1) of this Act, the sub-
scriber elects to retain the dis-
tant signal; but
‘‘(bb) only until such time as
the subscriber elects to receive
such local signal.
‘‘(II) Notwithstanding subclause
(I), the carrier may not retransmit
the distant signal to any subscriber
who is eligible to receive the signal of
a network station solely by reason of
section 119(e) of title 17, United
States Code, unless such carrier, with-
in 60 days after the date of the enact-
ment of the Satellite Home Viewer
Extension and Reauthorization Act of
2004, submits to that television net-
work the list and statement required
by subparagraph (E)(i).
‘‘(ii) FOR THOSE NOT RECEIVING DIS-
TANT SIGNALS.—In the case of any sub-
scriber of a satellite carrier who is eligible
to receive the distant signal of a network
station solely by reason of section 119(e)
of title 17, United States Code, and who
did not receive a distant signal of a station
affiliated with the same network on Octo-
ber 1, 2004, the carrier may not provide
the secondary transmissions of the distant
signal of a station affiliated with the same
network to that subscriber.
‘‘(B) RULES FOR OTHER SUBSCRIBERS.—
In the case of a subscriber of a satellite carrier
who is eligible to receive the signal of a network
station under this section (in this subparagraph
referred to as a ‘distant signal’), other than
subscribers to whom subparagraph (A) applies,
the following shall apply:
‘‘(i) In a case in which the satellite
carrier makes available to that subscriber,
on January 1, 2005, the signal of a local
network station affiliated with the same
television network pursuant to section 338,
the carrier may only provide the secondary
transmissions of the distant signal of a
station affiliate with the same network to
that subscriber if the subscriber’s satellite
carrier, not later than March 1, 2005, sub-
mits to that television network the list and
statement 
required 
by 
subparagraph
(E)(i).
‘‘(ii) In a case in which the satellite
carrier does not make available to that
subscriber, on January 1, 2005, the signal
of a local network station pursuant to sec-
tion 338, the carrier may only provide the
secondary transmissions of the distant sig-
nal of a station affiliated with the same
network to that subscriber if—
‘‘(I) that subscriber seeks to sub-
scribe to such distant signal before
the date on which such carrier com-
mences to carry pursuant to section
338 the signals of stations from the
local market of such local network
station; and
‘‘(II) the satellite carrier, within
60 days after such date, submits to
each television network the list and
statement required by subparagraph
(E)(ii).
‘‘(C) FUTURE APPLICABILITY.—A satellite
carrier may not provide a distant signal (within
the meaning of subparagraph (A) or (B)) to a
person who—
‘‘(i) is not a subscriber lawfully receiv-
ing such secondary transmission as of the
date of the enactment of the Satellite
Home Viewer Extension and Reauthoriza-
tion Act of 2004; and
‘‘(ii) at the time such person seeks to
subscribe to receive such secondary trans-
mission, resides in a local market where
the satellite carrier makes available to that
person the signal of a local network station
affiliated with the same television network
pursuant to section 338.
‘‘(D) AUTHORITY TO GRANT STATION-SPE-
CIFIC WAIVERS.—This paragraph shall not pro-
hibit a retransmission of a distant signal (with-
in the meaning of subparagraph (A) or (B)) of
any distant network station to any subscriber to
whom the signal of a local network station af-
filiated with the same network is available pur-
suant to section 338, if and to the extent that
such local network station has affirmatively
granted a waiver from the requirements of this
paragraph to such satellite carrier with respect
to retransmission of such distant network sta-
tion to such subscriber.
‘‘(E) NOTICES TO NETWORKS OF DISTANT
SIGNAL SUBSCRIBERS.—
‘‘(i) Within 60 days after the date of
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of
2004, each satellite carrier that provides a
distant signal of a network station to a
subscriber pursuant to subparagraph (A)
or (B)(i) of this paragraph shall submit to
each network—
‘‘(I) a list, aggregated by des-
ignated market area, identifying each
subscriber provided such a signal by—
‘‘(aa) name;
‘‘(bb) address (street or
rural route number, city, State,
and zip code); and
‘‘(cc) the distant network
signal or signals received; and
‘‘(II) a statement that, to the
best of the carrier’s knowledge and
belief after having made diligent and
good faith inquiries, the subscriber is
qualified under the existing law to re-
ceive the distant network signal or
signals pursuant to subparagraph
(B)(ii) of this paragraph.
‘‘(F) 
OTHER
PROVISIONS
NOT
AF-
FECTED.—This paragraph shall not affect the
eligibility of a subscriber to receive secondary
transmissions under section 340 of this Act or
as an unserved household included under sec-
tion 119(a)(12) of title 17, United States Code.
‘‘(G) AVAILABLE DEFINED.—For purposes
of this paragraph, a satellite carrier makes
available a local signal to a subscriber or person
if the satellite carrier offers that local signal to
other subscribers who reside in the same zip
code as that subscriber or person.’’.
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NET-
WORKS, AND STATIONS CONCERNING SIGNAL
CARRIAGE.
Section 338 of the Communications Act of 1934 (47
U.S.C. 338) is further amended by inserting after sub-
section (g) (as added by section 203) the following new
subsection:
‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NET-
WORKS, 
AND
STATIONS
CONCERNING
SIGNAL
CAR-
RIAGE.—
‘‘(1) NOTICES
TO
AND
ELECTIONS
BY
SUB-
SCRIBERS
CONCERNING
GRANDFATHERED
SIG-
NALS.—Any carrier that provides a distant signal of
a network station to a subscriber pursuant section
339(a)(2)(A) shall—
‘‘(A) within 60 days after the local signal
of a network station of the same television net-
work is available pursuant to section 338, or
within 60 days after the date of enactment of
the Satellite Home Viewer Extension and Reau-
thorization Act of 2004, whichever is later, send
a notice to the subscriber—
‘‘(i) offering to substitute the local
network signal for the duplicating distant
network signal; and
‘‘(ii) informing the subscriber that, if
the subscriber fails to respond in 60 days,
the subscriber will lose the distant network
signal but will be permitted to subscribe to
the local network signal; and
‘‘(B) if the subscriber—
‘‘(i) elects to substitute such local net-
work signal within such 60 days, switch
such subscriber to such local network sig-
nal within 10 days after the end of such
60-day period; or
‘‘(ii) fails to respond within such 60
days, terminate the distant network signal
within 10 days after the end of such 60-
day period.
‘‘(2) NOTICE TO STATION LICENSEES OF COM-
MENCEMENT OF LOCAL-INTO-LOCAL SERVICE.—
‘‘(A) NOTICE
REQUIRED.—Within 180
days after the date of enactment of the Satellite
Home Viewer Extension and Reauthorization
Act of 2004, the Commission shall revise the
regulations under this section relating to notice
to broadcast station licensees to comply with
the requirements of this paragraph.
‘‘(B) CONTENTS OF COMMENCEMENT NO-
TICE.—The notice required by such regulations
shall inform each television broadcast station li-
censee within any local market in which a sat-
ellite carrier proposes to commence carriage of
signals of stations from that market, not later
than 60 days prior to the commencement of
such carriage—
‘‘(i) of the carrier’s intention to
launch local-into-local service under this
section in a local market, the identity of
that local market, and the location of the
carrier’s proposed local receive facility for
that local market;
‘‘(ii) of the right of such licensee to
elect carriage under this section or grant
retransmission 
consent 
under 
section
325(b);
‘‘(iii) that such licensee has 30 days
from the date of the receipt of such notice
to make such election; and
‘‘(iv) that failure to make such elec-
tion will result in the loss of the right to
demand carriage under this section for the
remainder of the 3-year cycle of carriage
under section 325.
‘‘(C) TRANSMISSION
OF
NOTICES.—Such
regulations shall require that each satellite car-
rier shall transmit the notices required by such
regulation via certified mail to the address for
such television station licensee listed in the con-
solidated database system maintained by the
Commission.’’.
SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.
(a) AMENDMENT.—Section 338 of the Communica-
tions Act of 1934 (47 U.S.C. 338) is further amended by
inserting after subsection (h) (as added by section 205)
the following new subsection:
‘‘(i) 
PRIVACY
RIGHTS
OF
SATELLITE
SUB-
SCRIBERS.—
‘‘(1) NOTICE.—At the time of entering into an
agreement to provide any satellite service or other
service to a subscriber and at least once a year
thereafter, a satellite carrier shall provide notice in
the form of a separate, written statement to such
subscriber which clearly and conspicuously informs
the subscriber of—
‘‘(A) the nature of personally identifiable
information collected or to be collected with re-
spect to the subscriber and the nature of the
use of such information;
‘‘(B) the nature, frequency, and purpose of
any disclosure which may be made of such in-
formation, including an identification of the
types of persons to whom the disclosure may be
made;
‘‘(C) the period during which such infor-
mation will be maintained by the satellite car-
rier;
‘‘(D) the times and place at which the sub-
scriber may have access to such information in
accordance with paragraph (5); and
‘‘(E) the limitations provided by this sec-
tion with respect to the collection and disclosure
of information by a satellite carrier and the
right of the subscriber under paragraphs (7)
and (9) to enforce such limitations.
In the case of subscribers who have entered into
such an agreement before the effective date of this
subsection, such notice shall be provided within 180
days of such date and at least once a year there-
after.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section, other than paragraph (9)—
‘‘(A) the term ‘personally identifiable infor-
mation’ does not include any record of aggre-
gate data which does not identify particular
persons;
‘‘(B) the term ‘other service’ includes any
wire or radio communications service provided
using any of the facilities of a satellite carrier
that are used in the provision of satellite serv-
ice; and
‘‘(C) the term ‘satellite carrier’ includes, in
addition to persons within the definition of sat-
ellite carrier, any person who—
‘‘(i) is owned or controlled by, or
under common ownership or control with,
a satellite carrier; and
‘‘(ii) provides any wire or radio com-
munications service.
‘‘(3) PROHIBITIONS.—
‘‘(A) CONSENT TO COLLECTION.—Except
as provided in subparagraph (B), a satellite
carrier shall not use any facilities used by the
satellite carrier to collect personally identifiable
information concerning any subscriber without
the prior written or electronic consent of the
subscriber concerned.
‘‘(B) EXCEPTIONS.—A satellite carrier
may use such facilities to collect such informa-
tion in order to—
‘‘(i) obtain information necessary to
render a satellite service or other service
provided by the satellite carrier to the sub-
scriber; or
‘‘(ii) detect unauthorized reception of
satellite communications.
‘‘(4) DISCLOSURE.—
‘‘(A) CONSENT TO DISCLOSURE.—Except
as provided in subparagraph (B), a satellite
carrier shall not disclose personally identifiable
information concerning any subscriber without
the prior written or electronic consent of the
subscriber concerned and shall take such ac-
tions as are necessary to prevent unauthorized
access to such information by a person other
than the subscriber or satellite carrier.
‘‘(B) EXCEPTIONS.—A satellite carrier
may disclose such information if the disclosure
is—
‘‘(i) necessary to render, or conduct a
legitimate business activity related to, a
satellite service or other service provided
by the satellite carrier to the subscriber;
‘‘(ii) subject to paragraph (9), made
pursuant to a court order authorizing such
disclosure, if the subscriber is notified of
such order by the person to whom the
order is directed;
‘‘(iii) a disclosure of the names and
addresses of subscribers to any satellite
service or other service, if—
‘‘(I) the satellite carrier has pro-
vided the subscriber the opportunity
to prohibit or limit such disclosure;
and
‘‘(II) the disclosure does not re-
veal, directly or indirectly, the—
‘‘(aa) extent of any viewing
or other use by the subscriber of
a satellite service or other service
provided by the satellite carrier;
or
‘‘(bb) the nature of any
transaction made by the sub-
scriber over any facilities used by
the satellite carrier; or
‘‘(iv) to a government entity as au-
thorized under chapters 119, 121, or 206
of title 18, United States Code, except that
such disclosure shall not include records
revealing satellite subscriber selection of
video programming from a satellite carrier.
‘‘(5) ACCESS BY SUBSCRIBER.—A satellite sub-
scriber shall be provided access to all personally
identifiable information regarding that subscriber
which is collected and maintained by a satellite car-
rier. Such information shall be made available to the
subscriber at reasonable times and at a convenient
place designated by such satellite carrier. A satellite
subscriber shall be provided reasonable opportunity
to correct any error in such information.
‘‘(6) DESTRUCTION OF INFORMATION.—A sat-
ellite carrier shall destroy personally identifiable in-
formation if the information is no longer necessary
for the purpose for which it was collected and there
are no pending requests or orders for access to such
information under paragraph (5) or pursuant to a
court order.
‘‘(7) PENALTIES.—Any person aggrieved by
any act of a satellite carrier in violation of this sec-
tion may bring a civil action in a United States dis-
trict court. The court may award—
‘‘(A) actual damages but not less than liq-
uidated damages computed at the rate of $100
a day for each day of violation or $1,000,
whichever is higher;
‘‘(B) punitive damages; and
‘‘(C) reasonable attorneys’ fees and other
litigation costs reasonably incurred.
The remedy provided by this subsection shall be in
addition to any other lawful remedy available to a
satellite subscriber.
‘‘(8) RULE
OF
CONSTRUCTION.—Nothing in
this title shall be construed to prohibit any State
from enacting or enforcing laws consistent with this
section for the protection of subscriber privacy.
‘‘(9) COURT ORDERS.—Except as provided in
paragraph (4)(B)(iv), a governmental entity may ob-
tain personally identifiable information concerning a
satellite subscriber pursuant to a court order only if,
in the court proceeding relevant to such court
order—
‘‘(A) such entity offers clear and con-
vincing evidence that the subject of the infor-
mation is reasonably suspected of engaging in
criminal activity and that the information
sought would be material evidence in the case;
and
‘‘(B) the subject of the information is af-
forded the opportunity to appear and contest
such entity’s claim.’’.
(b) EFFECTIVE DATE.—Section 338(i) of the Com-
munications Act of 1934 (47 U.S.C. 338(i)) as amended
by subsection (a) of this section shall be effective 60 days
after the date of enactment of this Act.
SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.
(a) AMENDMENTS.—Section 325(b)(3)(C) of the
Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is
amended—
(1) by striking ‘‘Within 45 days’’ and all that
follows through ‘‘1999, the’’ and inserting ‘‘The’’;
(2) by striking the second sentence;
(3) by striking ‘‘and’’ at the end of clause (i);
(4) in clause (ii)—
(A) by striking ‘‘January 1, 2006’’ and in-
serting ‘‘January 1, 2010’’; and
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(5) by adding at the end the following new
clauses:
‘‘(iii) until January 1, 2010, prohibit
a multichannel video programming dis-
tributor from failing to negotiate in good
faith for retransmission consent under this
section, and it shall not be a failure to ne-
gotiate in good faith if the distributor en-
ters into retransmission consent agree-
ments containing different terms and con-
ditions, including price terms, with dif-
ferent broadcast stations if such different
terms and conditions are based on com-
petitive marketplace considerations.’’.
(b) DEADLINE.—The Federal Communications Com-
mission shall prescribe regulations to implement the
amendments made by subsection (a)(5) within 180 days
after the date of enactment of this Act.
SEC. 208. UNSERVED DIGITAL CUSTOMERS.
(a) INQUIRY REQUIRED.—Consistent with the digital
television service rules of the Federal Communications
Commission in effect on the date of enactment of this Act,
and the propagation prediction models derived from Bul-
letin No. 69 of the Commission’s Office of Engineering
and Technology, the Commission shall initiate an inquiry
to recommend the appropriate methodologies for deter-
mining which consumers are in locations where the con-
sumer will be unable, on and after the date on which ana-
log television services are discontinued pursuant to the
provisions of section 309(j)(14) of the Communications
Act of 1934 (47 U.S.C. 309(j)(14)), to receive broadcast
digital television service signals that are transmitted from
a station’s permanent digital television channel that are
of sufficient intensity to be able to receive and display dig-
ital television service using receiving terrestrial outdoor
antennas of reasonable cost and ease of installation. Such
methodologies shall be based on the current field strength
requirements for digital television stations in section
73.622(e)(1) of the Commission’s regulations (47 CFR
622(e)(1)).
(b) REPORT REQUIRED.—The Federal Communica-
tions Commission shall submit a report on the results of
the inquiry required by subsection (a) to the Committee
on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate not later than December 31, 2005.
Such report shall include—
(1) a proposal, using the best engineering prac-
tices for the broadcast television industry, for a pre-
dictive methodology for determining both which
consumers—
(A) receive a digital signal of sufficient in-
tensity to be able to receive and display digital
television service using receiving terrestrial out-
door antennas of reasonable cost and ease of in-
stallation; or
(B) will receive such a signal after a local
station begins transmitting on its permanent
digital television channel;
(2) an analysis of whether it is possible to iden-
tify the areas of the country within which consumers
will not, on and after the date on which analog tele-
vision services are discontinued pursuant to the pro-
visions of section 309(j)(14) of the Communications
Act of 1934 (47 U.S.C. 309(j)(14)), be able to re-
ceive a digital television signal of sufficient intensity
to be able to receive and display digital television
service using receiving terrestrial outdoor antennas
of reasonable cost and ease of installation; and
(3) if possible, an identification, on a county-by-
county or more localized basis, of such areas for
each television network.
SEC. 209. REDUCTION OF REQUIRED TESTS.
Section 339(c)(4) of the Communications Act of 1934
(47 U.S.C. 339(c)(4)) is amended by inserting after sub-
paragraph (C) the following new subparagraphs:
‘‘(D) REDUCTION OF VERIFICATION BUR-
DENS.—Within one year after the date of enact-
ment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, the Commis-
sion shall by rule exempt from the verification
requirements of subparagraph (A) any request
for a test made by a subscriber to a satellite
carrier—
‘‘(i) to whom the retransmission of
the signals of local broadcast stations is
available under section 338 from such car-
rier; or
‘‘(ii) for whom the predictive model
required by paragraph (3) predicts a signal
intensity that exceeds the signal intensity
standard 
in 
effect 
under 
section
119(d)(10)(A) of such title by such num-
ber of decibels as the Commission specifies
in such rule.
‘‘(E) EXCEPTION.—A subscriber in a local
market in which the satellite carrier does not
offer the signals of local broadcast stations
under section 338 and whose household is pre-
dicted to meet or exceed the number of decibels
specified by the Commission pursuant to sub-
paragraph (D)(ii), may, at his or her own ex-
pense, authorize a signal intensity test to be
performed pursuant to the procedures specified
by the Commission in section 73.686(d) of title
47, Code of Federal Regulations, by a tester
who is approved by the satellite carrier and by
each affected network station, or who has been
previously approved by the satellite carrier and