H. R. 4818—586
TITLE I—STATUTORY LICENSE FOR
SATELLITE CARRIERS
SEC. 101. EXTENSION OF AUTHORITY.
(a) IN GENERAL.—Section 4(a) of the Satellite Home Viewer
Act of 1994 (17 U.S.C. 119 note; Public Law 103–369; 108 Stat.
3481) is amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2009’’.
(b) EXTENSION FOR CERTAIN SUBSCRIBERS.—Section 119(e) of
title 17, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2009’’.
SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND
OTHER SIGNALS; TECHNICAL AMENDMENTS.
Section 119(a) of title 17, United States Code, is amended—
(1) in paragraph (1)—
(A) in the paragraph heading, by striking ‘‘AND PBS
SATELLITE FEED’’;
(B) in the first sentence, by striking ‘‘(3), (4), and
(6)’’ and inserting ‘‘(5), (6), and (8)’’;
(C) in the first sentence, by striking ‘‘or by the Public
Broadcasting Service satellite feed’’; and
(D) by striking the second sentence;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘(3), (4), (5), and
(6)’’ and inserting ‘‘(5), (6), (7), and (8)’’; and
(B) by striking subparagraph (C) and inserting the
following:
‘‘(C) EXCEPTIONS.—
‘‘(i) STATES
WITH
SINGLE
FULL-POWER
NETWORK
STATION.—In a State in which there is licensed by
the Federal Communications Commission a single full-
power station that was a network station on January
1, 1995, the statutory license provided for in subpara-
graph (A) shall apply to the secondary transmission
by a satellite carrier of the primary transmission of
that station to any subscriber in a community that
is located within that State and that is not within
the first 50 television markets as listed in the regula-
tions of the Commission as in effect on such date
(47 CFR 76.51).
‘‘(ii) STATES
WITH
ALL
NETWORK
STATIONS
AND
SUPERSTATIONS IN SAME LOCAL MARKET.—In a State
in which all network stations and superstations
licensed by the Federal Communications Commission
within that State as of January 1, 1995, are assigned
to the same local market and that local market does
not encompass all counties of that State, the statutory
license provided under subparagraph (A) shall apply
to the secondary transmission by a satellite carrier
of the primary transmissions of such station to all
subscribers in the State who reside in a local market
that is within the first 50 major television markets
as listed in the regulations of the Commission as in
effect on such date (section 76.51 of title 47 of the
Code of Federal Regulations).
H. R. 4818—587
‘‘(iii) ADDITIONAL STATIONS.—In the case of that
State in which are located 4 counties that—
‘‘(I) on January 1, 2004, were in local markets
principally comprised of counties in another State,
and
‘‘(II) had a combined total of 41,340 television
households, according to the U.S. Television
Household Estimates by Nielsen Media Research
for 2004,
the statutory license provided under subparagraph (A)
shall apply to secondary transmissions by a satellite
carrier to subscribers in any such county of the primary
transmissions of any network station located in that
State, if the satellite carrier was making such sec-
ondary transmissions to any subscribers in that county
on January 1, 2004.
‘‘(iv) CERTAIN ADDITIONAL STATIONS.—If 2 adjacent
counties in a single State are in a local market com-
prised principally of counties located in another State,
the statutory license provided for in subparagraph (A)
shall apply to the secondary transmission by a satellite
carrier to subscribers in those 2 counties of the primary
transmissions of any network station located in the
capital of the State in which such 2 counties are
located, if—
‘‘(I) the 2 counties are located in a local market
that is in the top 100 markets for the year 2003
according to Nielsen Media Research; and
‘‘(II) the total number of television households
in the 2 counties combined did not exceed 10,000
for the year 2003 according to Nielsen Media
Research.
‘‘(v) APPLICABILITY OF ROYALTY RATES.—The roy-
alty rates under subsection (b)(1)(B) apply to the sec-
ondary transmissions to which the statutory license
under subparagraph (A) applies under clauses (i), (ii),
(iii), and (iv).
‘‘(D) SUBMISSION OF SUBSCRIBER LISTS TO NETWORKS.—
‘‘(i) INITIAL LISTS.—A satellite carrier that makes
secondary transmissions of a primary transmission
made by a network station pursuant to subparagraph
(A) shall, 90 days after commencing such secondary
transmissions, submit to the network that owns or
is affiliated with the network station—
‘‘(I) a list identifying (by name and address,
including street or rural route number, city, State,
and zip code) all subscribers to which the satellite
carrier makes secondary transmissions of that pri-
mary transmission to subscribers in unserved
households; and
‘‘(II) a separate list, aggregated by designated
market area (as defined in section 122(j)) (by name
and address, including street or rural route
number, city, State, and zip code), which shall
indicate those subscribers being served pursuant
to paragraph (3), relating to significantly viewed
stations.