H. R. 4818—603
facility, a list of the stations that are eligible for retransmission
under subsection (a) and the communities in which such sta-
tions are eligible for such retransmission. The Commission
shall update such list within 10 business days after the date
on which the Commission issues an order making any modifica-
tion of such stations and communities.
‘‘(3) MODIFICATIONS.—In addition to cable operators and
television broadcast station licensees, the Commission shall
permit a satellite carrier to petition for decisions and orders—
‘‘(A) by which stations may be added to those that
are eligible for retransmission under subsection (a), and
by which communities may be added in which such stations
are eligible for such retransmission; and
‘‘(B) by which network nonduplication or syndicated
exclusivity regulations are applied to the retransmission
in accordance with subsection (e).
‘‘(d) EFFECT ON OTHER OBLIGATIONS AND RIGHTS.—
‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—Carriage of
a signal under this section is not mandatory, and any right
of a station licensee to have the signal of such station carried
under section 338 is not affected by the eligibility of such
station to be carried under this section.
‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT AFFECTED.—The
eligibility of the signal of a station to be carried under this
section does not affect any right of the licensee of such station
to grant (or withhold) retransmission consent under section
325(b)(1).
‘‘(e) NETWORK
NONDUPLICATION
AND
SYNDICATED
EXCLU-
SIVITY.—
‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED BY COMMISSION
REGULATIONS.—Signals eligible to be carried under this section
are not subject to the Commission’s regulations concerning
network nonduplication or syndicated exclusivity unless, pursu-
ant to regulations adopted by the Commission, the Commission
determines to permit network nonduplication or syndicated
exclusivity to apply within the appropriate zone of protection.
‘‘(2) LIMITATION.—Nothing in this subsection or Commis-
sion regulations shall permit the application of network non-
duplication or syndicated exclusivity regulations to the retrans-
mission of distant signals of network stations that are carried
by a satellite carrier pursuant to a statutory license under
section 119(a)(2)(A) or (B) of title 17, United States Code,
with respect to persons who reside in unserved households,
under 119(a)(4)(A), or under section 119(a)(12), of such title.
‘‘(f) ENFORCEMENT.—
‘‘(1) ORDERS AND DAMAGES.—Upon complaint, the Commis-
sion shall issue a cease and desist order to any satellite carrier
found to have violated this section in carrying any television
broadcast station. Such order may, if a complaining station
requests damages—
‘‘(A) provide for the award of damages to a complaining
station that establishes that the violation was committed
in bad faith, in an amount up to $50 per subscriber, per
station, per day of the violation; and
‘‘(B) provide for the award of damages to a prevailing
satellite carrier if the Commission determines that the
H. R. 4818—604
complaint was frivolous, in an amount up to $50 per sub-
scriber alleged to be in violation, per station alleged, per
day of the alleged violation.
‘‘(2) COMMISSION DECISION.—The Commission shall issue
a final determination resolving a complaint brought under this
subsection not later than 180 days after the submission of
a complaint under this subsection. The Commission may hear
witnesses if it clearly appears, based on written filings by
the parties, that there is a genuine dispute about material
facts. Except as provided in the preceding sentence, the
Commission may issue a final ruling based on written filings
by the parties.
‘‘(3) REMEDIES IN ADDITION.—The remedies under this sub-
section are in addition to any remedies available under title
17, United States Code.
‘‘(4) NO EFFECT ON COPYRIGHT PROCEEDINGS.—Any deter-
mination, 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 instance
shall a Commission enforcement proceeding under this sub-
section 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 commence the retransmission
of a station pursuant to this section in any local market shall—
‘‘(1) not less than 60 days before commencing such retrans-
mission, 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 significantly
viewed signals carried pursuant to section 340 and the commu-
nities in which the signals are carried.
‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN REGULATIONS.—
‘‘(1) COMMUNITY-BY-COMMUNITY ELECTIONS.—The Commis-
sion shall, no later than October 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 satellite carrier retransmits a
television broadcast station pursuant to section 338, to elect,
with respect to such satellite carrier, between retransmission
consent 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, pursu-
ant to paragraph (3), that it intends to carry another affil-
iate of the same network pursuant to this section during
the relevant election period in the station’s local market;
or
‘‘(B) on the date notification under paragraph (3) was
due, the satellite carrier was retransmitting into the sta-
tion’s local market pursuant to this section an affiliate
of the same television network.
‘‘(2) UNIFIED NEGOTIATIONS.—In revising its regulations as
required by paragraph (1), the Commission shall provide that
any such station shall conduct a unified negotiation for the
H. R. 4818—605
entire portion of its local market for which retransmission
consent is elected.
‘‘(3) ADDITIONAL PROVISIONS.—The Commission shall, no
later than October 30, 2005, revise its regulations to provide
the following:
‘‘(A) NOTIFICATIONS BY SATELLITE CARRIER.—A satellite
carrier’s retransmission of television broadcast stations
pursuant to this section shall be subject to the following
limitations:
‘‘(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 net-
work that the carrier reserves the right to re-
transmit into that station’s local market pursuant
to this section during the next election cycle under
such section of such regulations; 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 pursuant to section 338 after
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, the carrier
may notify a station in that market, at least 60 days
prior to the introduction 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 television
network that the carrier reserves the right to re-
transmit into that station’s local market during the
next election cycle under such section of such regula-
tions.
‘‘(iii) Beginning with the 2005 election cycle, a
satellite carrier may only retransmit pursuant to this
section during the pertinent election period a signal—
‘‘(I) as to which it has provided the notifica-
tions set forth in clauses (i) and (ii); or
‘‘(II) that it was retransmitting into the local
market under this section as of the date such
notifications were due.
‘‘(B) HARMONIZATION
OF
ELECTIONS
AND
RETRANS-
MISSION CONSENT AGREEMENTS.—If a satellite carrier noti-
fies a television broadcast station that it reserves the right
to retransmit an affiliate of the same television network
during the next election cycle pursuant to this section,
the station may choose between retransmission consent
and mandatory carriage for any portion of the 3-year elec-
tion cycle that is not covered by an existing retransmission
consent agreement.
H. R. 4818—606
‘‘(i) DEFINITIONS.—As used in this section:
‘‘(1) LOCAL MARKET; SATELLITE CARRIER; SUBSCRIBER; TELE-
VISION BROADCAST STATION.—The terms ‘local market’, ‘satellite
carrier’, ‘subscriber’, and ‘television broadcast station’ have the
meanings given such terms in section 338(k).
‘‘(2) NETWORK STATION; TELEVISION NETWORK.—The terms
‘network station’ and ‘television network’ have the meanings
given such terms in section 339(d).
‘‘(3) COMMUNITY.—The term ‘community’ means—
‘‘(A) a county or a cable community, as determined
under the rules, regulations, and authorizations of the
Commission applicable to determining with respect to a
cable system whether signals are significantly viewed; or
‘‘(B) a satellite community, as determined under such
rules, regulations, and authorizations (or revisions thereof)
as the Commission may prescribe in implementing the
requirements of this section.
‘‘(4) BANDWIDTH.—The terms ‘equivalent bandwidth’ and
‘entire bandwidth’ shall be defined by the Commission by regu-
lation, except that this paragraph shall not be construed—
‘‘(A) to prevent a satellite operator from using compres-
sion technology;
‘‘(B) to require a satellite operator to use the identical
bandwidth or bit rate as the local or distant broadcaster
whose signal it is retransmitting;
‘‘(C) to require a satellite operator to use the identical
bandwidth or bit rate for a local network station as it
does for a distant network station;
‘‘(D) to affect a satellite operator’s obligations under
subsection (a)(1); or
‘‘(E) to affect the definitions of ‘program related’ and
‘primary video’.’’.
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.
(a) AMENDMENTS.—Section 338 of the Communications 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 following new sub-
section:
‘‘(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 dig-
ital signals in such market by means of a single reception
antenna and associated equipment, but such antenna and asso-
ciated 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 18 months
after the date of enactment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004.