HR 3570 RFS 
‘‘(2) SERVICE LIMITATIONS.—A satellite carrier 
may retransmit to a subscriber in high definition 
format the signal of a station determined by the 
Commission to be significantly viewed under sub-
section (a) only if such carrier also retransmits in 
high definition format the signal of a station located 
in the local market of such subscriber and affiliated 
with the same network whenever such format is 
available from such station.’’. 
(b) RULEMAKING REQUIRED.—Within 180 days after 
the date of the enactment of this Act, the Federal Commu-
nications Commission shall take all actions necessary to 
promulgate a rule to implement the amendments made by 
subsection (a). 
SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING 
AMENDMENTS. 
(a) SECTION 338.—Section 338 is amended— 
(1) in subsection (a), by striking ‘‘(3) EFFEC-
TIVE
DATE.—No satellite’’ and all that follows 
through ‘‘until January 1, 2002.’’; and 
(2) by amending subsection (g) to read as fol-
lows: 
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE 
RECEPTION ANTENNA.— 
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‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat-
ellite carrier that retransmits the signals of local tel-
evision broadcast stations in a local market shall re-
transmit such stations in such market so that a sub-
scriber may receive such stations by means of a sin-
gle reception antenna and associated equipment. 
‘‘(2) ADDITIONAL
RECEPTION
ANTENNA.—If 
the carrier retransmits the signals of local television 
broadcast stations in a local market in high defini-
tion format, the carrier shall retransmit such signals 
in such market so that a subscriber may receive 
such signals by means of a single reception antenna 
and associated equipment, but such antenna and as-
sociated equipment may be separate from the single 
reception antenna and associated equipment used to 
comply with paragraph (1).’’. 
(b) SECTION 339.—Section 339 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by striking ‘‘Such 
two network stations’’ and all that follows 
through ‘‘more than two network stations.’’; 
and 
(B) in paragraph (2)— 
(i) in the heading for subparagraph 
(A), by striking ‘‘TO ANALOG SIGNALS’’; 
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(ii) in subparagraph (A)— 
(I) in the heading for clause (i), 
by striking ‘‘ANALOG’’; 
(II) in clause (i)— 
(aa) by striking ‘‘analog’’ 
each place it appears; and 
(bb) by striking ‘‘October 1, 
2004’’ and inserting ‘‘October 1, 
2009’’; 
(III) in the heading for clause 
(ii), by striking ‘‘ANALOG’’; and 
(IV) in clause (ii)— 
(aa) by striking ‘‘analog’’ 
each place it appears; and 
(bb) by striking ‘‘2004’’ and 
inserting ‘‘2009’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 
‘‘(i) IN GENERAL.—In the case of a 
subscriber of a satellite carrier who is eligi-
ble to receive the signal of a network sta-
tion under this section (in this subpara-
graph referred to as a ‘distant signal’), 
other than subscribers to whom subpara-
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graph (A) applies, the following shall 
apply: 
‘‘(I) In a case in which the sat-
ellite carrier makes available to that 
subscriber, on January 1, 2005, the 
signal of a local network station affili-
ated with the same television network 
pursuant to section 338, the carrier 
may only provide the secondary trans-
missions of the distant signal of a sta-
tion affiliated with the same network 
to that subscriber if the subscriber’s 
satellite carrier, not later than March 
1, 2005, submits to that television 
network the list and statement re-
quired by subparagraph (F)(i). 
‘‘(II) In a case in which the sat-
ellite carrier does not make available 
to that subscriber, on January 1, 
2005, the signal of a local network 
station pursuant to section 338, the 
carrier may only provide the sec-
ondary transmissions of the distant 
signal of a station affiliated with the 
same network to that subscriber if— 
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‘‘(aa) that subscriber seeks 
to subscribe to such distant sig-
nal before the date on which such 
carrier commences to carry pur-
suant to section 338 the signals 
of stations from the local market 
of such local network station; and 
‘‘(bb) the satellite carrier, 
within 60 days after such date, 
submits to each television net-
work the list and statement re-
quired by subparagraph (F)(ii). 
‘‘(ii) SPECIAL
CIRCUMSTANCES.—A 
subscriber of a satellite carrier who was 
lawfully receiving the distant signal of a 
network station on the day before the date 
of enactment of the Satellite Home Viewer 
Reauthorization Act of 2009 may receive 
both such distant signal and the local sig-
nal of a network station affiliated with the 
same network until such subscriber chooses 
to no longer receive such distant signal 
from such carrier.’’; 
(iv) in subparagraph (C)— 
(I) by striking ‘‘analog’’; 
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(II) in clause (i), by striking ‘‘the 
Satellite Home Viewer Extension and 
Reauthorization Act of 2004’’ and in-
serting ‘‘the Satellite Home Viewer 
Reauthorization Act of 2009’’; and 
(III) by amending clause (ii) to 
read as follows: 
‘‘(ii) either— 
‘‘(I) at the time such person 
seeks to subscribe to receive such sec-
ondary transmission, resides in a local 
market where the satellite carrier 
makes available to that person the 
signal of a local network station affili-
ated with the same television network 
pursuant to section 338, and the re-
transmission of such signal by such 
carrier can reach such subscriber; or 
‘‘(II) receives from the satellite 
carrier the programming of a network 
station affiliated with the same net-
work that is broadcast by a local sta-
tion in the market where the sub-
scriber resides, but such programming 
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is not contained within the local sta-
tion’s primary video.’’; 
(v) in subparagraph (D)— 
(I) in the heading, by striking 
‘‘DIGITAL’’; 
(II) by striking clauses (i), (iii) 
through (v), (vii) through (ix), and 
(xi); 
(III) by redesignating clause (vi) 
as clause (i) and transferring such 
clause to appear before clause (ii); 
(IV) by amending such clause (i) 
(as so redesignated) to read as fol-
lows: 
‘‘(i) SIGNAL TESTING.—A subscriber 
shall be eligible to receive a distant signal 
of a distant network station affiliated with 
the same network under this section if 
such subscriber is determined, based on a 
test conducted in accordance with section 
73.686(d) of title 47, Code of Federal Reg-
ulations, or any successor regulation, not 
to be able to receive a signal that exceeds 
the signal intensity standard in section 
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73.622(e)(1) of title 47, Code of Federal 
Regulations.’’; 
(V) in clause (ii)— 
(aa) by striking ‘‘DIGITAL’’ 
in the heading; 
(bb) by striking ‘‘digital’’ 
the first two places such term ap-
pears; 
(cc) by striking ‘‘Satellite 
Home Viewer Extension and Re-
authorization Act of 2004’’ and 
inserting ‘‘Satellite Home Viewer 
Reauthorization Act of 2009’’; 
and 
(dd) by striking ‘‘, whether 
or not such subscriber elects to 
subscribe to local digital signals’’; 
(VI) by inserting after clause (ii) 
the following new clause: 
‘‘(iii) TIME-SHIFTING PROHIBITED.— 
In a case in which the satellite carrier 
makes available to an eligible subscriber 
under this subparagraph the signal of a 
local network station pursuant to section 
338, the carrier may only provide the dis-
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tant signal of a station affiliated with the 
same network to that subscriber if, in the 
case of any local market in the 48 contig-
uous States of the United States, the dis-
tant signal is the secondary transmission 
of a station whose prime time network pro-
gramming is generally broadcast simulta-
neously with, or later than, the prime time 
network programming of the affiliate of 
the same network in the local market.’’; 
and 
(VII) by redesignating clause (x) 
as clause (iv); and 
(vi) in subparagraph (E), by striking 
‘‘distant analog signal or’’ and all that fol-
lows through ‘‘(B), or (D))’’ and inserting 
‘‘distant signal’’; 
(2) in subsection (c)— 
(A) by amending paragraph (3) to read as 
follows: 
‘‘(3) ESTABLISHMENT
OF
IMPROVED
PRE-
DICTIVE
MODEL
AND
ON-LOCATION
TESTING
RE-
QUIRED.— 
‘‘(A) PREDICTIVE
MODEL.—Within 180 
days after the date of the enactment of the Sat-
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HR 3570 RFS 
ellite Home Viewer Reauthorization Act of 
2009, the Commission shall take all actions 
necessary to develop and prescribe by rule a 
point-to-point predictive model for reliably and 
presumptively determining the ability of indi-
vidual locations, through the use of a conven-
tional, stationary, outdoor rooftop receiving an-
tenna, to receive signals in accordance with the 
signal 
intensity 
standard 
in 
section 
73.622(e)(1) of title 47, Code of Federal Regu-
lations, including to account for the continuing 
operation of translator stations and low power 
television stations. In prescribing such model, 
the Commission shall rely on the Individual Lo-
cation Longley-Rice model set forth by the 
Commission in CS Docket No. 98–201, as pre-
viously revised with respect to analog signals, 
and as recommended by the Commission with 
respect to digital signals in its Report to Con-
gress in ET Docket No. 05–182, FCC 05–199 
(released December 9, 2005). The Commission 
shall establish procedures for the continued re-
finement in the application of the model by the 
use of additional data as it becomes available. 
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HR 3570 RFS 
‘‘(B) ON-LOCATION TESTING.—The Com-
mission shall issue an order completing its rule-
making proceeding in ET Docket No. 06–94 
within 180 days after the date of enactment of 
the Satellite Home Viewer Reauthorization Act 
of 2009. 
‘‘(C) STUDY
OF
TYPES
OF
ANTENNAS 
AVAILABLE TO RECEIVE DIGITAL SIGNALS.— 
‘‘(i) STUDY
REQUIRED.—Not later 
than 1 year after the date of enactment of 
the Satellite Home Viewer Reauthorization 
Act of 2009, the Commission shall com-
plete a study regarding whether, for pur-
poses of identifying if a household is 
unserved by an adequate digital signal 
under section 119(d)(10) of title 17, 
United States Code, the digital signal 
strength standard in section 73.622(e)(1) 
of title 47, Code of Federal Regulations, or 
the testing procedures in section 73.686 of 
title 47, Code of Federal Regulations, such 
statutes or regulations should be revised to 
take into account the types of antennas 
that are available to and used by con-
sumers. 
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‘‘(ii) 
STUDY
CONSIDERATION.—In 
conducting the study under clause (i), the 
Commission shall consider whether to ac-
count for the fact that an antenna can be 
mounted on a roof or placed in a home and 
can be fixed or capable of rotating. 
‘‘(iii) REPORT.—Not later than 1 year 
after the date of enactment of the Satellite 
Home Viewer Reauthorization Act of 2009, 
the Commission shall submit to the Com-
mittee on Energy and Commerce of the 
House of Representatives and the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate a report con-
taining— 
‘‘(I) the results of the study con-
ducted under clause (i); and 
‘‘(II) recommendations, if any, 
regarding changes to be made to Fed-
eral statutes or regulations.’’; 
(B) by amending paragraph (4)(A) to read 
as follows: 
‘‘(A) IN GENERAL.—If a subscriber’s re-
quest for a waiver under paragraph (2) is re-
jected and the subscriber submits to the sub-
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HR 3570 RFS 
scriber’s satellite carrier a request for a test 
verifying the subscriber’s inability to receive a 
signal of the signal intensity referenced in 
clause (i) of subsection (a)(2)(D), the satellite 
carrier and the network station or stations as-
serting that the retransmission is prohibited 
with respect to that subscriber shall select a 
qualified and independent person to conduct the 
test referenced in such clause. Such test shall 
be conducted within 30 days after the date the 
subscriber submits a request for the test. If the 
written findings and conclusions of a test con-
ducted in accordance with such clause dem-
onstrate that the subscriber does not receive a 
signal that meets or exceeds the requisite signal 
intensity standard in such clause, the subscriber 
shall not be denied the retransmission of a sig-
nal of a network station under section 
119(d)(10)(A) of title 17, United States 
Code.’’; 
(C) in paragraph (4)(B), by striking ‘‘the 
signal intensity’’ and all that follows through 
‘‘United States Code’’ and inserting ‘‘such req-
uisite signal intensity standard’’; and 
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(D) in paragraph (4)(E), by striking 
‘‘Grade B intensity’’. 
(c) SECTION 340.—Section 340(i) is amended by 
striking paragraph (4). 
SEC. 
205. 
APPLICATION 
PENDING 
COMPLETION 
OF 
RULEMAKINGS. 
(a) IN GENERAL.—During the period beginning on 
the date of the enactment of this Act and ending on the 
date on which the Federal Communications Commission 
adopts rules pursuant to the amendments to the Commu-
nications Act of 1934 made by sections 203 and 204 of 
this Act, the Federal Communications Commission shall 
follow its rules and regulations promulgated pursuant to 
sections 338, 339, and 340 of the Communications Act 
of 1934 as in effect on the day before the date of enact-
ment of this Act. 
(b) TRANSLATOR STATIONS AND LOW POWER TELE-
VISION STATIONS.—Notwithstanding subsection (a), for 
purposes of determining whether a subscriber within the 
local market served by a translator station or a low power 
television station affiliated with a television network is eli-
gible to receive distant signals under section 339 of the 
Communications Act of 1934, the Federal Communica-
tions Commission shall follow its rules and regulations for 
determining such subscriber’s eligibility as in effect on the 
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day before the date of enactment of this Act until the date 
on which the translator station or low power television sta-
tion is licensed to broadcast a digital signal. 
(c) DEFINITIONS.—As used in this title: 
(1) LOCAL MARKET; LOW POWER TELEVISION 
STATION; SATELLITE CARRIER; SUBSCRIBER; TELE-
VISION
BROADCAST
STATION.—The terms ‘‘local 
market’’, ‘‘low power television station’’, ‘‘satellite 
carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta-
tion’’ have the meanings given such terms in section 
338(k) of the Communications Act of 1934. 
(2) NETWORK
STATION; 
TELEVISION
NET-
WORK.—The terms ‘‘network station’’ and ‘‘tele-
vision network’’ have the meanings given such terms 
in section 339(d) of such Act. 
SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CER-
TIFICATION. 
Part I of title III is amended by adding at the end 
the following new section: 
‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 
CERTIFICATION. 
‘‘(a) CERTIFICATION.—The Commission shall issue a 
certification for the purposes of section 119(g)(3)(A)(iii) 
of title 17, United States Code, if the Commission deter-
mines that— 
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‘‘(1) a satellite carrier is providing local service 
pursuant to the statutory license under section 122 
of such title in each designated market area; and 
‘‘(2) with respect to each designated market 
area in which such satellite carrier was not providing 
such local service as of the date of enactment of the 
Satellite Home Viewer Reauthorization Act of 
2009— 
‘‘(A) the satellite carrier’s satellite beams 
are designed, and predicted by the satellite 
manufacturer’s pre-launch test data, to provide 
a good quality satellite signal to at least 90 per-
cent of the households in each such designated 
market area based on the most recent census 
data released by the United States Census Bu-
reau; and 
‘‘(B) there is no material evidence that 
there has been a satellite or sub-system failure 
subsequent to the satellite’s launch that pre-
cludes the ability of the satellite carrier to sat-
isfy the requirements of subparagraph (A). 
‘‘(b) INFORMATION REQUIRED.—Any entity seeking 
the certification provided for in subsection (a) shall submit 
to the Commission the following information: 
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‘‘(1) An affidavit stating that, to the best of the 
affiant’s knowledge, the satellite carrier provides 
local service in all designated market areas pursuant 
to the statutory license provided for in section 122 
of title 17, United States Code, and listing those 
designated market areas in which local service was 
provided as of the date of enactment of the Satellite 
Home Viewer Reauthorization Act of 2009. 
‘‘(2) For each designated market area not listed 
in paragraph (1): 
‘‘(A) Identification of each such designated 
market area and the location of its local receive 
facility. 
‘‘(B) Data showing the number of house-
holds, and maps showing the geographic dis-
tribution thereof, in each such designated mar-
ket area based on the most recent census data 
released by the United States Census Bureau. 
‘‘(C) Maps, with superimposed effective 
isotropically radiated power predictions ob-
tained in the satellite manufacturer’s pre- 
launch tests, showing that the contours of the 
carrier’s satellite beams as designed and the ge-
ographic area that the carrier’s satellite beams 
are designed to cover are predicted to provide 
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HR 3570 RFS 
a good quality satellite signal to at least 90 per-
cent of the households in such designated mar-
ket area based on the most recent census data 
released by the United States Census Bureau. 
‘‘(D) For any satellite relied upon for cer-
tification under this section, an affidavit stating 
that, to the best of the affiant’s knowledge, 
there have been no satellite or sub-system fail-
ures subsequent to the satellite’s launch that 
would degrade the design performance to such 
a degree that a satellite transponder used to 
provide local service to any such designated 
market area is precluded from delivering a good 
quality satellite signal to at least 90 percent of 
the households in such designated market area 
based on the most recent census data released 
by the United States Census Bureau. 
‘‘(E) Any additional engineering, des-
ignated market area, or other information the 
Commission considers necessary to determine 
whether the Commission shall grant a certifi-
cation under this section. 
‘‘(c) CERTIFICATION ISSUANCE.— 
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‘‘(1) PUBLIC COMMENT.—The Commission shall 
provide 30 days for public comment on a request for 
certification under this section. 
‘‘(2) DEADLINE FOR DECISION.—The Commis-
sion shall grant or deny a request for certification 
within 90 days after the date on which such request 
is filed. 
‘‘(d) SUBSEQUENT AFFIRMATION.—An entity grant-
ed qualified carrier status pursuant to section 119(g) of 
title 17, United States Code, shall file an affidavit with 
the Commission 30 months after such status was granted 
stating that, to the best of the affiant’s knowledge, it is 
in compliance with the requirements for a qualified car-
rier. 
‘‘(e) DEFINITIONS.—For the purposes of this section: 
‘‘(1) DESIGNATED MARKET AREA.—The term 
‘designated market area’ has the meaning given such 
term in section 122(j)(2)(C) of title 17, United 
States Code. 
‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 
‘‘(A) IN GENERAL.—The term ‘‘good qual-
ity satellite signal’’ means— 
‘‘(i) a satellite signal whose power 
level as designed shall achieve reception 
and demodulation of the signal at an avail-
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HR 3570 RFS 
ability level of at least 99.7 percent 
using— 
‘‘(I) models of satellite antennas 
normally used by the satellite carrier’s 
subscribers; and 
‘‘(II) the same calculation meth-
odology used by the satellite carrier to 
determine predicted signal availability 
in the top 100 designated market 
areas; and 
‘‘(ii) taking into account whether a 
signal is in standard definition format or 
high definition format, compression meth-
odology, 
modulation, 
error 
correction, 
power level, and utilization of advances in 
technology that do not circumvent the in-
tent of this section to provide for non-dis-
criminatory treatment with respect to any 
comparable television broadcast station sig-
nal, a video signal transmitted by a sat-
ellite carrier such that— 
‘‘(I) the satellite carrier treats all 
television broadcast stations’ signals 
the same with respect to statistical 
multiplexer prioritization; and 
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100 
HR 3570 RFS 
‘‘(II) the number of video signals 
in the relevant satellite transponder is 
not more than the then current great-
est number of video signals carried on 
any equivalent transponder serving 
the top 100 designated market areas. 
‘‘(B) DETERMINATION.—For the purposes 
of subparagraph (A), the top 100 designated 
market areas shall be as determined by Nielsen 
Media Research and published in the Nielsen 
Station Index Directory and Nielsen Station 
Index United States Television Household Esti-
mates or any successor publication as of the 
date of a satellite carrier’s application for cer-
tification under this section.’’. 
SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEF-
INITION DIGITAL SIGNALS OF NONCOMMER-
CIAL EDUCATIONAL TELEVISION STATIONS. 
(a) IN GENERAL.—Section 338(a) is amended by 
adding at the end the following new paragraph: 
‘‘(5) NONDISCRIMINATION
IN
CARRIAGE
OF 
HIGH
DEFINITION
SIGNALS
OF
NONCOMMERCIAL 
EDUCATIONAL TELEVISION STATIONS.— 
‘‘(A) EXISTING CARRIAGE OF HIGH DEFI-
NITION SIGNALS.—If, prior to the date of enact-
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101 
HR 3570 RFS 
ment of the Satellite Home Viewer Reauthoriza-
tion Act of 2009, an eligible satellite carrier is 
providing, under section 122 of title 17, United 
States Code, any secondary transmissions in 
high definition to subscribers located within the 
local market of a television broadcast station of 
a primary transmission made by that station, 
then such satellite carrier shall carry the high- 
definition signals of qualified noncommercial 
educational television stations located within 
that local market in accordance with the fol-
lowing schedule: 
‘‘(i) By December 31, 2010, in at 
least 50 percent of the markets in which 
such satellite carrier provides such sec-
ondary transmissions in high definition. 
‘‘(ii) By December 31, 2011, in every 
market in which such satellite carrier pro-
vides such secondary transmissions in high 
definition. 
‘‘(B) NEW
INITIATION
OF
SERVICE.—If, 
after the date of enactment of the Satellite 
Home Viewer Reauthorization Act of 2009, an 
eligible satellite carrier initiates the provision, 
under section 122 of title 17, United States 
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Code, of any secondary transmissions in high 
definition to subscribers located within the local 
market of a television broadcast station of a 
primary transmission made by that station, the 
such satellite carrier shall carry the high-defini-
tion signals of all qualified noncommercial edu-
cational television stations located within that 
local market.’’. 
(b) DEFINITIONS.—Section 338(k) is amended— 
(1) by redesignating paragraphs (2) through 
(8) as paragraphs (3) through (9), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 
‘eligible satellite carrier’ means any satellite carrier 
that is not a party to a carriage contract with a
qualified noncommercial educational television sta-
tion, or its representative, that is in force and effect 
as of the date of enactment of the Satellite Home 
Viewer Reauthorization Act of 2009.’’; 
(3) by redesignating paragraphs (6) through 
(9) (as previously redesignated) as paragraphs (7) 
through (10), respectively; and 
(4) by inserting after paragraph (5) (as so re-
designated) the following new paragraph: 
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‘‘(6) 
QUALIFIED
NONCOMMERCIAL
EDU-
CATIONAL TELEVISION STATION.—The term ‘quali-
fied noncommercial educational television station’ 
has the meaning given such term in section 
615(l)(1) of this Act.’’. 
SEC. 208. SAVINGS CLAUSE REGARDING USE OF NON-COM-
PULSORY LICENSES. 
(a) IN GENERAL.—Nothing in this title, the Commu-
nications Act of 1934, or regulations promulgated by the 
Federal Communications Commission under this title or 
the Communications Act of 1934 shall be construed to 
prevent a multichannel video programming distributor 
from retransmitting a performance or display of a work 
pursuant to an authorization granted by the copyright 
owner or, if within the scope of its authorization, its li-
censee. 
(b) LIMITATION.—Nothing in subsection (a) shall be 
construed to affect any obligation of a multichannel video 
programming distributor under section 325(b) of the 
Communications Act of 1934 to obtain the authority of 
a television broadcast station before retransmitting that 
station’s signal. 
SEC. 209. SAVINGS CLAUSE REGARDING DEFINITIONS. 
Nothing in this title or the amendments made by this 
title shall be construed to affect— 
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(1) the meaning of the terms ‘‘program re-
lated’’ and ‘‘primary video’’ under the Communica-
tions Act of 1934; or 
(2) the meaning of the term ‘‘multicast’’ in any 
regulations issued by the Federal Communications 
Commission. 
TITLE III—REPORTS 
SEC. 301. DEFINITION. 
In this title, the term ‘‘appropriate Congressional 
committees’’ means the Committees on the Judiciary and 
on Commerce, Science, and Transportation of the Senate 
and the Committees on the Judiciary and on Energy and 
Commerce of the House of Representatives. 
SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO 
STATUTORY LICENSING. 
Not later than 1 year after the date of the enactment 
of this Act, and after consultation with the Federal Com-
munications Commission, the Register of Copyrights shall 
submit to the appropriate Congressional committees a re-
port containing— 
(1) proposed mechanisms, methods, and rec-
ommendations on how to implement a phase-out of 
the statutory licensing requirements set forth in sec-
tions 111, 119, and 122 of title 17, United States 
Code, by making such sections inapplicable to the 
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secondary transmission of a performance or display 
of a work embodied in a primary transmission of a 
broadcast station that is authorized to license the 
same secondary transmission directly with respect to 
all of the performances and displays embodied in 
such primary transmission; 
(2) any recommendations for alternative means 
to implement a timely and effective phase-out of the 
statutory licensing requirements set forth in sections 
111, 119, and 122 of title 17, United States Code; 
and 
(3) any recommendations for legislative or ad-
ministrative actions as may be appropriate to 
achieve such a phase-out. 
SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF 
STATUTORY LICENSING MODIFICATIONS. 
(a) STUDY.—The Comptroller General shall conduct 
a study that analyzes and evaluates the changes to the 
carriage requirements currently imposed on multichannel 
video programming distributors under the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.) and the regula-
tions promulgated by the Federal Communications Com-
mission that would be required or beneficial to consumers, 
and such other matters as the Comptroller General deems 
appropriate, if Congress implemented a phase-out of the 
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current statutory licensing requirements set forth under 
sections 111, 119, and 122 of title 17, United States 
Code. Among other things, the study shall consider the 
impact such a phase-out and related changes to carriage 
requirements would have on consumer prices and access 
to programming. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
report to the appropriate Congressional committees the re-
sults of the study, including any recommendations for leg-
islative or administrative actions. 
SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAM-
MING. 
Not later than 1 year after the date of enactment 
of this Act, the Federal Communications Commission shall 
submit to the appropriate Congressional committees a re-
port containing an analysis of— 
(1) the number of households in a State that 
receive local broadcast stations from a station of li-
cense that is located in a different State; 
(2) the extent to which consumers have access 
to in-state broadcast programming; and 
(3) whether there are alternatives to the use of 
designated market areas, as defined in section 122 
of title 17, United States Code, to define local mar-
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kets that would provide more consumers with in- 
state broadcast programming. 
TITLE IV—SEVERABILITY 
SEC. 401. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of such provision or 
amendment to any person or circumstance shall not be af-
fected thereby. 
Passed the House of Representatives December 3, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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