II 
108TH CONGRESS 
2D SESSION 
H. R. 4518
IN THE SENATE OF THE UNITED STATES 
OCTOBER 7, 2004
Received 
AN ACT 
To extend the statutory license for secondary transmissions 
by satellite carriers of transmissions by television broad-
cast stations under title 17, United States Code, and 
to amend the Communications Act of 1934 with respect 
to such transmissions, and for other purposes.
HR 4518 RDS 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLES; TABLE OF CONTENTS. 
(a) SHORT TITLES.—This Act may be cited as the 
‘‘Satellite Home Viewer Extension and Reauthorization 
Act of 2004’’ or the ‘‘W. J. (Billy) Tauzin Satellite Tele-
vision Act of 2004’’. 
(b) TABLE OF CONTENTS.— The table of contents 
for this Act is as follows:
Sec. 1. Short titles; table of contents. 
TITLE I—STATUTORY LICENSE FOR SATELLITE CARRIERS 
Sec. 101. Extension of authority. 
Sec. 102. Reporting of subscribers; significantly viewed and other signals; tech-
nical amendments. 
Sec. 103. Statutory license for satellite carriers outside local markets. 
Sec. 104. Statutory license for satellite retransmission of low power television 
stations. 
Sec. 105. Definitions. 
Sec. 106. Effect on certain proceedings. 
Sec. 107. Statutory license for satellite carriers retransmitting superstation sig-
nals to commercial establishments. 
Sec. 108. Expedited consideration of voluntary agreements to provide satellite 
secondary transmissions to local markets. 
Sec. 109. Study. 
TITLE II—FEDERAL COMMUNICATIONS COMMISSION OPERATIONS 
Sec. 201. Extension of retransmission consent exemption. 
Sec. 202. Cable/satellite comparability. 
Sec. 203. Carriage of local stations on a single dish. 
Sec. 204. Replacement of distant signals with local signals. 
Sec. 205. Additional notices to subscribers, networks, and stations concerning 
signal carriage. 
Sec. 206. Privacy rights of satellite subscribers. 
Sec. 207. Reciprocal bargaining obligations. 
Sec. 208. Unserved digital customers. 
Sec. 209. Reduction of required tests.
HR 4518 RDS 
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.—Sec-
tion 119(e) of title 17, United States Code, is amended 
by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem-
ber 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;
HR 4518 RDS 
(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 in-
serting 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 subparagraph (A) shall 
apply to the secondary transmission by a 
satellite carrier of the primary trans-
mission 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
HR 4518 RDS 
network stations and superstations licensed 
by the Federal Communications Commis-
sion within that State as of January 1, 
1995, are assigned to the same local mar-
ket and that local market does not encom-
pass all counties of that State, the statu-
tory license provided under subparagraph 
(A) shall apply to the secondary trans-
mission by a satellite carrier of the pri-
mary 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 tile 47 of 
the Code of Federal Regulations). 
‘‘(iii) 
CERTAIN
ADDITIONAL
STA-
TIONS.—If 2 adjacent counties in a single 
State are in a local market comprised prin-
cipally of counties located in another State, 
the statutory license provided for in sub-
paragraph (A) shall apply to the secondary 
transmission by a satellite carrier to sub-
scribers in those 2 counties of the primary 
transmissions of any network station lo-
HR 4518 RDS 
cated 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 tele-
vision households in the 2 counties 
combined did not exceed 10,000 for 
the year 2003 according to Nielsen 
Media Research. 
‘‘(D) SUBMISSION OF SUBSCRIBER LISTS 
TO NETWORKS.—
‘‘(i) INITIAL LISTS.—A satellite car-
rier that makes secondary transmissions of 
a primary transmission made by a network 
station pursuant to subparagraph (A) 
shall, 90 days after commencing such sec-
ondary transmissions, submit to the net-
work 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 sat-
HR 4518 RDS 
ellite carrier makes secondary trans-
missions of that primary 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 ad-
dress, 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. 
‘‘(ii) MONTHLY LISTS.—After the sub-
mission of the initial lists under clause (i), 
on the 15th of each month, the satellite 
carrier shall submit to the network—
‘‘(I) a list identifying (by name 
and address, including street or rural 
route number, city, State, and zip 
code) any persons who have been 
added or dropped as subscribers 
under clause (i)(I) since the last sub-
mission under clause (i); and
HR 4518 RDS 
‘‘(II) a separate list, aggregated 
by designated market area (by name 
and street address, including street or 
rural route number, city, State, and 
zip code), identifying those sub-
scribers whose service pursuant to 
paragraph (3), relating to signifi-
cantly viewed stations, has been added 
or dropped. 
‘‘(iii) USE OF SUBSCRIBER INFORMA-
TION.—Subscriber information submitted 
by a satellite carrier under this subpara-
graph may be used only for purposes of 
monitoring compliance by the satellite car-
rier with this subsection. 
‘‘(iv) APPLICABILITY.—The submis-
sion requirements of this subparagraph 
shall apply to a satellite carrier only if the 
network to which the submissions are to be 
made places on file with the Register of 
Copyrights a document identifying the 
name and address of the person to whom 
such submissions are to be made. The Reg-
ister shall maintain for public inspection a 
file of all such documents.’’;
HR 4518 RDS 
(3) by striking paragraph (8); 
(4) by redesignating paragraphs (9) through 
(12) as paragraphs (10) through (13), respectively; 
(5) by redesignating paragraphs (3) through 
(7) as paragraphs (5) through (9), respectively; 
(6) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFI-
CANTLY VIEWED SIGNALS.—
‘‘(A) IN
GENERAL.—Notwithstanding the 
provisions of paragraph (2)(B), and subject to 
subparagraph (B) of this paragraph, the statu-
tory license provided for in paragraphs (1) and 
(2) shall apply to the secondary transmission of 
the primary transmission of a network station 
or a superstation to a subscriber who resides 
outside the station’s local market (as defined in 
section 122(j)) but within a community in 
which the signal has been determined by the 
Federal Communications Commission, to be sig-
nificantly viewed in such community, pursuant 
to the rules, regulations and authorizations of 
the Federal Communications Commission in ef-
fect on April 15, 1976, applicable to deter-
HR 4518 RDS 
mining with respect to a cable system whether 
signals are significantly viewed in a community. 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall apply only to secondary transmissions of 
the primary transmissions of network stations 
and superstations to subscribers who receive 
secondary transmissions from a satellite carrier 
pursuant to the statutory license under section 
122. 
‘‘(C) WAIVER.—
‘‘(i) IN GENERAL.—A subscriber who 
is denied the secondary transmission of the 
primary transmission of a network station 
under subparagraph (B) may request a 
waiver from such denial by submitting a 
request, through the subscriber’s satellite 
carrier, to the network station in the local 
market affiliated with the same network 
where the subscriber is located. The net-
work station shall accept or reject the sub-
scriber’s request for a waiver within 30 
days after receipt of the request. If the 
network station fails to accept or reject the 
subscriber’s request for a waiver within 
that 30-day period, that network station
HR 4518 RDS 
shall be deemed to agree to the waiver re-
quest. Unless specifically stated by the net-
work station, a waiver that was granted 
before the date of the enactment of the 
Satellite Home Viewer Extension and Re-
authorization Act of 2004 under section 
339(c)(2) of the Communications Act of 
1934 shall not constitute a waiver for pur-
poses of this subparagraph. 
‘‘(ii) SUNSET.—The authority under 
clause (i) to grant waivers shall terminate 
on December 31, 2008, and any such waiv-
er in effect shall terminate on that date.’’; 
(7) in paragraph (2)(B)(i), by adding at the 
end the following new sentence: ‘‘The limitation in 
this clause shall not apply to secondary trans-
missions under paragraph (3).’’. 
SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS 
OUTSIDE LOCAL MARKETS. 
Section 119 of title 17, United States Code, is 
amended as follows: 
(1) Subsection (a) is amended by inserting after 
paragraph (3), as added by section 102 of this Act, 
the following:
HR 4518 RDS 
‘‘(4) STATUTORY
LICENSE
WHERE
RETRANS-
MISSIONS INTO LOCAL MARKET AVAILABLE.—
‘‘(A) RULES
FOR
SUBSCRIBERS
UNDER 
SUBSECTION (e).—
‘‘(i) FOR THOSE RECEIVING DISTANT 
SIGNALS.—In the case of a subscriber of a 
satellite carrier who is eligible to receive 
the secondary transmission of the primary 
transmission of a network station solely by 
reason of subsection (e) (in this subpara-
graph referred to as a ‘distant signal’), 
and who, as of October 1, 2004, is receiv-
ing the distant signal of that network sta-
tion, the following shall apply: 
‘‘(I) In a case in which the sat-
ellite carrier makes available to the 
subscriber the secondary transmission 
of the primary transmission of a local 
network station affiliated with the 
same television network pursuant to 
the statutory license under section 
122, the statutory license under para-
graph (2) shall apply only to sec-
ondary transmissions by that satellite 
carrier to that subscriber of the dis-
HR 4518 RDS 
tant signal of a station affiliated with 
the same television network—
‘‘(aa) if, within 60 days 
after receiving the notice of the 
satellite carrier under section 
338(h)(1) of the Communications 
Act of 1934, the subscriber elects 
to retain the distant signal; but 
‘‘(bb) only until such time as 
the subscriber elects to receive 
such local signal. 
‘‘(II) Notwithstanding subclause 
(I), the statutory license under para-
graph (2) shall not apply with respect 
to any subscriber who is eligible to re-
ceive the distant signal of a television 
network station solely by reason of 
subsection (e), unless the satellite car-
rier, within 60 days after the date of 
the enactment of the Satellite Home 
Viewer Extension and Reauthorization 
Act of 2004, submits to that television 
network a list, aggregated by des-
ignated market area (as defined in 
section 122(j)(2)(C)), that—
HR 4518 RDS 
‘‘(aa) identifies that sub-
scriber by name and address 
(street or rural route number, 
city, State, and zip code) and 
specifies the distant signals re-
ceived by the subscriber; and 
‘‘(bb) states, to the best of 
the satellite carrier’s knowledge 
and belief, after having made 
diligent and good faith inquiries, 
that the subscriber is eligible 
under subsection (e) to receive 
the distant signals. 
‘‘(ii) FOR THOSE NOT RECEIVING DIS-
TANT SIGNALS.—In the case of any sub-
scriber of a satellite carrier who is eligible 
to receive the distant signal of a network 
station solely by reason of subsection (e) 
and who did not receive a distant signal of 
a station affiliated with the same network 
on October 1, 2004, the statutory license 
under paragraph (2) shall not apply to sec-
ondary transmissions by that satellite car-
rier to that subscriber of the distant signal
HR 4518 RDS 
of a station affiliated with the same net-
work. 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.—
In the case of a subscriber of a satellite carrier 
who is eligible to receive the secondary trans-
mission of the primary transmission of a net-
work station under the statutory license under 
paragraph (2) (in this subparagraph referred to 
as a ‘distant signal’), other than subscribers to 
whom subparagraph (A) applies, the following 
shall apply: 
‘‘(i) In a case in which the satellite 
carrier makes available to that subscriber, 
on January 1, 2005, the secondary trans-
mission of the primary transmission of a 
local network station affiliated with the 
same television network pursuant to the 
statutory license under section 122, the 
statutory license under paragraph (2) shall 
apply only to secondary transmissions by 
that satellite carrier to that subscriber of 
the distant signal of a station affiliated 
with the same television network if the 
subscriber’s satellite carrier, not later than 
March 1, 2005, submits to that television
HR 4518 RDS 
network a list, aggregated by designated 
market 
area 
(as 
defined 
in 
section 
122(j)(2)(C)), that identifies that sub-
scriber by name and address (street or 
rural route number, city, State, and zip 
code) and specifies the distant signals re-
ceived by the subscriber. 
‘‘(ii) In a case in which the satellite 
carrier does not make available to that 
subscriber, on January 1, 2005, the sec-
ondary transmission of the primary trans-
mission of a local network station affiliated 
with the same television network pursuant 
to the statutory license under section 122, 
the statutory license under paragraph (2) 
shall apply only to secondary transmissions 
by that satellite carrier of the distant sig-
nal of a station affiliated with the same 
network to that subscriber if—
‘‘(I) that subscriber seeks to sub-
scribe to such distant signal before 
the date on which such carrier com-
mences to provide pursuant to the 
statutory license under section 122 
the secondary transmissions of the
HR 4518 RDS 
primary transmission of stations from 
the local market of such local network 
station; and 
‘‘(II) the satellite carrier, within 
60 days after such date, submits to 
each television network a list that 
identifies each subscriber in that local 
market provided such a signal by 
name and address (street or rural 
route number, city, State, and zip 
code) and specifies the distant signals 
received by the subscriber. 
‘‘(C) FUTURE APPLICABILITY.—The statu-
tory license under paragraph (2) shall not apply 
to the secondary transmission by a satellite car-
rier of a primary transmission of a network sta-
tion to a person who—
‘‘(i) is not a subscriber lawfully receiv-
ing such secondary transmission as of the 
date of the enactment of the Satellite 
Home Viewer Extension and Reauthoriza-
tion Act of 2004; and 
‘‘(ii) at the time such person seeks to 
subscribe to receive such secondary trans-
mission, resides in a local market where
HR 4518 RDS 
the satellite carrier makes available to that 
person the secondary transmission of the 
primary transmission of a local network 
station affiliated with the same television 
network pursuant to the statutory license 
under section 122. 
‘‘(D) 
OTHER
PROVISIONS
NOT
AF-
FECTED.—This paragraph shall not affect the 
applicability of the statutory license to sec-
ondary transmissions under paragraph (3) or to 
unserved households included under paragraph 
(12). 
‘‘(E) WAIVER.—A subscriber who is denied 
the secondary transmission of a network station 
under subparagraph (C) may request a waiver 
from such denial by submitting a request, 
through the subscriber’s satellite carrier, to the 
network station in the local market affiliated 
with the same network where the subscriber is 
located. The network station shall accept or re-
ject the subscriber’s request for a waiver within 
30 days after receipt of the request. If the net-
work station fails to accept or reject the sub-
scriber’s request for a waiver within that 30-
day period, that network station shall be
HR 4518 RDS 
deemed to agree to the waiver request. Unless 
specifically stated by the network station, a 
waiver that was granted before the date of the 
enactment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004 under 
section 339(c)(2) of the Communications Act of 
1934 shall not constitute a waiver for purposes 
of this subparagraph. 
‘‘(F) AVAILABLE DEFINED.—For purposes 
of this paragraph, a satellite carrier makes 
available a secondary transmission of the pri-
mary transmission of local station to a sub-
scriber or person if the satellite carrier offers 
that secondary transmission to other sub-
scribers who reside in the same zip code as that 
subscriber or person.’’. 
(2) Subsection (a) is amended by adding at the 
end the following: 
‘‘(14) WAIVERS.—A subscriber who is denied 
the secondary transmission of a signal of a network 
station under subsection (a)(2)(B) may request a 
waiver from such denial by submitting a request, 
through the subscriber’s satellite carrier, to the net-
work station asserting that the secondary trans-
mission is prohibited. The network station shall ac-
HR 4518 RDS 
cept or reject a subscriber’s request for a waiver 
within 30 days after receipt of the request. If a tele-
vision network station fails to accept or reject a sub-
scriber’s request for a waiver within the 30-day pe-
riod after receipt of the request, that station shall be 
deemed to agree to the waiver request and have filed 
such written waiver. Unless specifically stated by the 
network station, a waiver that was granted before 
the date of the enactment of the Satellite Home 
Viewer Extension and Reauthorization Act of 2004 
under section 339(c)(2) of the Communications Act 
of 1934, and that was in effect on such date of en-
actment, shall constitute a waiver for purposes of 
this subparagraph.’’. 
(3) Subsection (b)(1) is amended by striking 
subparagraph (B) and inserting the following: 
‘‘(B) a royalty fee for that 6-month period, 
computed by multiplying the total number of 
subscribers receiving each secondary trans-
mission of each superstation or network station 
during each calendar month by the appropriate 
rate in effect under this section.’’. 
(4) Subsection (b)(1) is further amended by 
adding at the end the following flush sentence: 
‘‘Notwithstanding the provisions of subparagraph
HR 4518 RDS 
(B), a satellite carrier whose secondary trans-
missions are subject to statutory licensing under 
paragraph (1) or (2) of subsection (a) shall have no 
royalty obligation for secondary transmissions to a 
subscriber under paragraph (3) of such subsection.’’. 
(5) Subsection (c) is amended—
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) APPLICABILITY AND DETERMINATION OF 
ROYALTY FEES.—The appropriate fee for purposes 
of determining the royalty fee under subsection 
(b)(1)(B) shall be the appropriate fee set forth in 
part 258 of title 37, Code of Federal Regulations, as 
in effect on July 1, 2004, as modified under this 
subsection.’’; 
(B) in paragraph (2)—
(i) in subparagraph (A), by striking 
‘‘July 1, 1996,’’ and inserting ‘‘January 2, 
2005,’’; 
(ii) in subparagraph (C)—
(I) in the heading, by inserting ‘‘; 
PUBLIC
NOTICE’’ 
after 
‘‘AGREE-
MENTS’’; 
(II) in the first sentence, by 
striking ‘‘Voluntary agreements’’ and
HR 4518 RDS 
inserting ‘‘(i) Voluntary agreements’’; 
and 
(III) by adding at the end the 
following: 
‘‘(ii)(I) Within 10 days after the publica-
tion in the Federal Register of a notice of the 
initiation of voluntary negotiation proceedings, 
parties who have reached a voluntary agreement 
may request that the royalty fees in that agree-
ment be applied to all satellite carriers, dis-
tributors, and copyright owners without con-
vening an arbitration proceeding pursuant to 
paragraph (3). 
‘‘(II) Upon receiving a request under sub-
clause (I), the Librarian of Congress shall im-
mediately provide public notice of the royalty 
fees from the voluntary agreement and afford 
parties an opportunity to state that they object 
to those fees. 
‘‘(III) The Librarian shall adopt the roy-
alty fees from the voluntary agreement for all 
satellite carriers, distributors, and copyright 
owners without convening an arbitration pro-
ceeding unless a party with an intent to partici-
pate in the arbitration proceeding and a signifi-
HR 4518 RDS 
cant interest in the outcome of that proceeding 
objects under subclause (II).’’; and 
(iii) in subparagraph (D), by striking 
‘‘December 31, 1999,’’ and inserting ‘‘De-
cember 31, 2009’’; 
(C) in paragraph (3)—
(i) in subparagraph (A)—
(I) by striking ‘‘January 1, 
1997,’’ and inserting ‘‘May 1, 2005,’’; 
and 
(II) by striking ‘‘who are not 
parties to a voluntary agreement filed 
with the Copyright Office in accord-
ance with paragraph (2).’’ and insert-
ing ‘‘and distributors—
‘‘(i) in the absence of a voluntary 
agreement filed in accordance with para-
graph (2) that establishes the royalty fees 
to be paid by all satellite carriers and dis-
tributors; or 
‘‘(ii) if an objection to the fees from 
a voluntary agreement submitted for adop-
tion by the Librarian of Congress to apply 
to all satellite carriers, distributors, and 
copyright owners is received under para-
HR 4518 RDS 
graph (2)(C) from a party with an intent 
to participate in the arbitration proceeding 
and a significant interest in the outcome of 
that proceeding.’’; 
(ii) in the first sentence of subpara-
graph (B), by inserting after ‘‘value of sec-
ondary transmissions’’ the following: ‘‘, ex-
cept that the Librarian of Congress and 
any copyright arbitration royalty panel 
shall adjust those fees to account for the 
obligations of the parties under any appli-
cable voluntary agreements filed with the 
Copyright Office pursuant to paragraph 
(2).’’; and 
(iii) in subparagraph (C)(ii), by strik-
ing ‘‘become effective as provided’’ and all 
that follows through ‘‘later’’ and inserting 
‘‘be effective as of January 1, 2005’’; and 
(D) by striking paragraphs (4) and (5). 
(6) Subsection (a)(7), as redesignated by sec-
tion 102(5) of this Act, is amended—
(A) in subparagraph (A), by striking ‘‘who 
does not reside in an unserved household’’ and 
inserting ‘‘who is not eligible to receive the 
transmission under this section’’;
HR 4518 RDS 
(B) in subparagraph (B), by striking ‘‘who 
do not reside in unserved households’’ and in-
serting ‘‘who are not eligible to receive the 
transmission under this section’’; and 
(C) in subparagraph (D), by striking ‘‘is 
for private home viewing to an unserved house-
hold’’ and inserting ‘‘is to a subscriber who is 
eligible to receive the secondary transmission 
under this section’’. 
SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANS-
MISSION OF LOW POWER TELEVISION STA-
TIONS. 
(a) IN GENERAL.—Section 119(a) of title 17, United 
States Code (as amended by sections 102 and 103 of this 
Act), is further amended by adding at the end the fol-
lowing: 
‘‘(15) CARRIAGE OF LOW POWER TELEVISION 
STATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2)(B), and subject to subparagraphs (B) 
through (F) of this paragraph, the statutory li-
cense provided for in paragraphs (1) and (2) 
shall apply to the secondary transmission of the 
primary transmission of a network station or a 
superstation that is licensed as a low power tel-