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‘‘(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.
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‘‘(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—
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‘‘(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-
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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.
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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
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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
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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 con-
sumers—
(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;
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(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—
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‘‘(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
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by each affected network station but not pre-
viously disapproved. A tester may not be so dis-
approved for a test after the tester has com-
menced such test. The tester shall give 5 busi-
ness days advance written notice to the satellite 
carrier and to the affected network station or 
stations. A signal intensity test conducted in ac-
cordance with the preceding sentence shall be 
determinative of the signal strength received at 
that household for purposes of determining 
whether the household is capable of receiving a 
Grade B intensity signal.’’.
Passed the House of Representatives October 6, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.