H. R. 4818—611
carrier, and adds to or replaces such analog signal
with the digital signal from such local network
station within 60 days after such signal is made
available by the satellite carrier, except that such
distant digital signal may continue to be provided
to a subscriber who cannot be reached by the sat-
ellite transmission of the local digital signal.
‘‘(iv) LOCAL-TO-LOCAL DIGITAL MARKETS.—After the
date on which a satellite carrier makes available the
digital signal of a local network station, the carrier
may not offer the distant digital signal of a network
station affiliated with the same television network to
any new subscriber to such distant digital signal after
such date, except that such distant digital signal may
be provided to a new subscriber who cannot be reached
by the satellite transmission of the local digital signal.
‘‘(v) NON-LOCAL-TO-LOCAL
MARKETS.—After the
date of enactment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004, if the satellite
carrier does not make available the digital signal of
a local network station in a local market, the satellite
carrier may offer a new subscriber after such date
who is eligible under this subparagraph a distant dig-
ital signal from a station affiliated with the same net-
work and, in the case of any local market in the 48
contiguous States of the United States, whose prime
time network programming is generally broadcast
simultaneously with, or later than, the prime time
network programming of the affiliate of the same net-
work in the local market, except that—
‘‘(I) such carrier may continue to provide such
distant digital signal to such a subscriber after
the date on which the carrier makes available
the digital signal of a local network station affili-
ated with such network only if such subscriber
subscribes to the digital signal from such local
network station; and
‘‘(II) the limitation contained in subclause (I)
of this clause shall not apply to a subscriber that
cannot be reached by the satellite transmission
of the local digital signal.
‘‘(vi) SIGNAL TESTING FOR DIGITAL SIGNALS.—
‘‘(I) A subscriber shall be eligible for a distant
digital signal under clause (i)(III) if such subscriber
is determined, based on a test conducted in accord-
ance with section 73.686(d) of title 47, Code of
Federal Regulations, or any successor regulation,
not to be able to receive a signal that exceeds
the 
signal 
intensity 
standard 
in 
section
73.622(e)(1) of title 47, Code of Federal Regula-
tions, as in effect on the date of enactment of
the 
Satellite 
Home 
Viewer 
Extension 
and
Reauthorization Act of 2004.
‘‘(II) Such test shall be conducted, upon writ-
ten request for a digital signal strength test by
the subscriber to the satellite carrier, within 30
days after the date the subscriber submits such
H. R. 4818—612
request for the test. Such test shall be conducted
by a qualified and independent person selected
by the satellite carrier and the network station
or stations, or who has been previously approved
by the satellite carrier and by each affected net-
work station but not previously disapproved. A
tester may not be so disapproved for a test after
the tester has commenced such test.
‘‘(III) Unless the satellite carrier and the net-
work station or stations otherwise agree, the costs
of conducting the test shall be borne as follows:
‘‘(aa) If the subscriber is not eligible for
a distant digital signal under clause (i)(I) of
this subparagraph (by reason of being outside
of the coverage area of the analog signal),
the satellite carrier may request the station
licensee for a waiver.
‘‘(bb) If the licensee agrees to a waiver,
or fails to respond to a waiver request within
30 days, the subscriber may receive such dis-
tant digital signal.
‘‘(cc) If the licensee refuses to grant a
waiver, the subscriber may request the sat-
ellite carrier to conduct the test.
‘‘(dd) If the satellite carrier requests the
test and—
‘‘(AA) the station’s signal is deter-
mined to exceed such signal intensity
standard, the costs of the test shall be
borne by the satellite carrier; and
‘‘(BB) the station’s signal is deter-
mined to not exceed such signal intensity
standard, the costs of the test shall be
borne by the licensee.
‘‘(ee) If the satellite carrier does not
request the test, or fails to respond within
30 days, the subscriber may request the test
be conducted under the supervision of the car-
rier, and the costs of the test shall be borne
by the subscriber in accordance with regula-
tions prescribed by the Commission. Such
regulations shall also require the carrier to
notify the subscriber of the typical costs of
such test.
‘‘(vii) TRIGGER
EVENTS
FOR
USE
OF
TESTING.—A
subscriber shall not be eligible for a distant digital
signal under clause (i)(III) pursuant to a test conducted
under clause (vii) until—
‘‘(I) in the case of a subscriber whose household
is located within the area predicted to be served
(by the predictive model for analog signals under
subsection (b)(3) of this section) by the signal of
a local network station and who is seeking a dis-
tant digital signal of a station affiliated with the
same network as that local network station—
H. R. 4818—613
‘‘(aa) April 30, 2006, if such local network
station is within the top 100 television mar-
kets and—
‘‘(AA) has received a tentative digital
television service channel designation that
is the same as such station’s current dig-
ital television service channel; or
‘‘(BB) has been found by the Commis-
sion to have lost interference protection;
or
‘‘(bb) July 15, 2007, for any other local
network stations, other than translator sta-
tions licensed to broadcast on the date of
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004;
or
‘‘(II) in the case of a translator station, 1 year
after the date on which the Commission completes
all actions necessary for the allocation and assign-
ment of digital television licenses to television
translator stations.
‘‘(viii) TESTING WAIVERS.—Upon request by a local
network station, the Commission may grant a waiver
with respect to such station to the beginning of testing
under clause (vii), and prohibit subscribers from
receiving digital signal strength testing with respect
to such station. Such a request shall be filed not less
than 5 months prior to the implementation deadline
specified in such clause, and the Commission shall
act on such request by such implementation deadline.
Such a waiver shall expire at the end of not more
than 6 months, except that a waiver may be renewed
upon a proper showing. The Commission may only
grant such a request upon submission of clear and
convincing evidence that the station’s digital signal
coverage is limited due to the unremediable presence
of one or more of the following:
‘‘(I) the need for international coordination or
approvals;
‘‘(II) clear zoning or environmental legal
impediments;
‘‘(III) force majeure;
‘‘(IV) the station experiences a substantial
decrease in its digital signal coverage area due
to necessity of using side-mounted antenna;
‘‘(V) substantial technical problems that result
in a station experiencing a substantial decrease
in its coverage area solely due to actions to avoid
interference with emergency response providers;
or
‘‘(VI) no satellite carrier is providing the re-
transmission of the analog signals of local network
stations under section 338 in the local market.
Under no circumstances may such a waiver be based
upon financial exigency.
H. R. 4818—614
‘‘(ix) SPECIAL
WAIVER
PROVISION
FOR
TRANS-
LATORS.—Upon request by a television translator sta-
tion, the Commission may grant, for not more than
3 years, a waiver with respect to such station to the
beginning of testing under clause (vii), and prohibit
subscribers from receiving digital signal strength
testing with respect to such station, if the Commission
determines that the translator station is not broad-
casting a digital signal due to one or more of the
following:
‘‘(I) frequent occurrence of inclement weather;
or
‘‘(II) mountainous terrain at the transmitter
tower location.
‘‘(x) SAVINGS PROVISION.—Nothing in this subpara-
graph shall be construed to affect a satellite carrier’s
obligations under section 338.
‘‘(xi) DEFINITION.—For purposes of clause (viii), the
term ‘emergency response providers’ means Federal,
State, or local governmental and nongovernmental
emergency public safety, law enforcement, fire, emer-
gency response, emergency medical (including hospital
emergency facilities), and related personnel, organiza-
tions, agencies, or authorities.
‘‘(E) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.—
This paragraph shall not prohibit a retransmission of a
distant analog signal or distant digital signal (within the
meaning of subparagraph (A), (B), or (D)) of any distant
network station to any subscriber to whom the signal of
a local network station affiliated with the same network
is available, if and to the extent that such local network
station has affirmatively granted a waiver from the require-
ments of this paragraph to such satellite carrier with
respect to retransmission of such distant network station
to such subscriber.
‘‘(F) NOTICES TO NETWORKS OF DISTANT SIGNAL SUB-
SCRIBERS.—
‘‘(i) Within 60 days after the date of enactment
of the Satellite Home Viewer Extension and Reauthor-
ization 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 para-
graph shall submit to each network—
‘‘(I) a list, aggregated by designated 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 car-
rier’s knowledge and belief after having made dili-
gent and good faith inquiries, the subscriber is
qualified under the existing law to receive the
distant network signal or signals pursuant to
subparagraph (A) or (B)(i) of this paragraph.