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.
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;
(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
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-
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-
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
‘‘(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.’’;
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
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:
‘‘(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-
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—
‘‘(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
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
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
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
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-
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
(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
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-
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-
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’’;
(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-
evision station, to a subscriber who resides
within the same local market.
‘‘(B) GEOGRAPHIC LIMITATION.—
‘‘(i) NETWORK
STATIONS.—With re-
spect to network stations, secondary trans-
missions provided for in subparagraph (A)
shall be limited to secondary transmissions
to subscribers who—
‘‘(I) reside in the same local mar-
ket as the station originating the sig-
nal; and
‘‘(II) reside within 35 miles of
the transmitter site of such station,
except that in the case of such a sta-
tion located in a standard metropoli-
tan statistical area which has 1 of the
50 largest populations of all standard
metropolitan statistical areas (based
on the 1980 decennial census of popu-
lation taken by the Secretary of Com-
merce), the number of miles shall be
20.
‘‘(ii) SUPERSTATIONS.—With respect
to superstations, secondary transmissions
provided for in subparagraph (A) shall be
limited to secondary transmissions to sub-
scribers who reside in the same local mar-
ket as the station originating the signal.
‘‘(C) NO
APPLICABILITY
TO
REPEATERS
AND
TRANSLATORS.—Secondary transmissions
provided for in subparagraph (A) shall not
apply to any low power television station that
retransmits the programs and signals of an-
other television station for more than 2 hours
each day.
‘‘(D) ROYALTY
FEES.—Notwithstanding
subsection (b)(1)(B), a satellite carrier whose
secondary transmissions of the primary trans-
missions of a low power television station are
subject to statutory licensing under this section
shall have no royalty obligation for secondary
transmissions to a subscriber who resides within
35 miles of the transmitter site of such station,
except that in the case of such a station located
in a standard metropolitan statistical area
which has 1 of the 50 largest populations of all
standard metropolitan statistical areas (based
on the 1980 decennial census of population
taken by the Secretary of Commerce), the num-
ber of miles shall be 20. Carriage of a supersta-
tion that is a low power television station within
the station’s local market, but outside of the
35-mile or 20-mile radius described in the pre-
ceding sentence, shall be subject to royalty pay-
ments under section (b)(1)(B).
‘‘(E) LIMITATION TO SUBSCRIBERS TAK-
ING
LOCAL-INTO-LOCAL
SERVICE.—Secondary
transmissions provided for in subparagraph (A)
may be made only to subscribers who receive
secondary transmissions of primary trans-
missions from that satellite carrier pursuant to
the statutory license under section 122, and
only in conformity with the requirements under
340(b) of the Communications Act of 1934, as
in effect on the date of the enactment of the
Satellite Home Viewer Extension and Reauthor-
ization Act of 2004.’’.
SEC. 105. DEFINITIONS.
Section 119(d) of title 17, United States Code, is
amended—
(1) in paragraph (2)(A), by striking ‘‘a tele-
vision broadcast station’’ and inserting ‘‘a television
station licensed by the Federal Communications
Commission’’;
(2) by amending paragraph (9) to read as fol-
lows:
‘‘(9) SUPERSTATION.—The term ‘superstation’
means a television station, other than a network sta-
tion, licensed by the Federal Communications Com-
mission, that is secondarily transmitted by a satellite
carrier.’’;
(3) in paragraph (10)—
(A) in subparagraph (B), by striking
‘‘granted under regulations established under
section 339(c)(2) of the Communications Act of
1934’’ and inserting ‘‘that meets the standards
of subsection (a)(14) whether or not the waiver
was granted before the date of the enactment of
the Satellite Home Viewer Extension and Reau-
thorization Act of 2004’’; and
(B) in subparagraph (D), by striking
‘‘(a)(11)’’ and inserting ‘‘(a)(12)’’; and
(4) by striking paragraphs (11) and (12) and
inserting the following:
‘‘(11) LOCAL MARKET.—The term ‘local mar-
ket’ has the meaning given such term under section
122(j), except that with respect to a low power tele-
vision station, the term ‘local market’ means the
designated market area in which the station is lo-
cated.
‘‘(12) LOW POWER TELEVISION STATION.—The
term ‘low power television station’ means a low
power television as defined under section 74.701(f)
of title 47, Code of Federal Regulations, as in effect
on June 1, 2004. For purposes of this paragraph,
the term ‘‘low power television station’’ includes a
low power television station that has been accorded
primary status as a Class A television licensee under
section 73.6001(a) of title 47, Code of Federal Reg-
ulations.
‘‘(13) 
COMMERCIAL
ESTABLISHMENT.—The
term ‘commercial establishment’—
‘‘(A) means an establishment used for
commercial purposes, such as a bar, restaurant,
private office, fitness club, oil rig, retail store,
bank or other financial institution, super-
market, automobile or boat dealership, or any
other establishment with a common business
area; and
‘‘(B) does not include a multi-unit perma-
nent or temporary dwelling where private home
viewing occurs, such as a hotel, dormitory, hos-
pital, apartment, condominium, or prison.’’.
SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.
Nothing in this title shall modify any remedy imposed
on a party that is required by the judgment of a court
in any action that was brought before May 1, 2004,
against that party for a violation of section 119 of title
17, United States Code.
SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS
RETRANSMITTING SUPERSTATION SIGNALS
TO COMMERCIAL ESTABLISHMENTS.
(a) IN GENERAL.—Section 119 of title 17, United
States Code, is amended—
(1) in subsection (a)(1)—
(A) by inserting ‘‘or for viewing in a com-
mercial establishment’’ after ‘‘for private home
viewing’’ each place it appears; and
(B) by striking ‘‘household’’ and inserting
‘‘subscriber’’;
(2) in subsection (b), by striking ‘‘for private
home viewing’’ each place it appears;
(3) in subsection (d)(1)—
(A) by striking ‘‘for private home viewing’’;
and
(B) by inserting ‘‘in accordance with the
provisions of this section’’ before the period;
(4) in subsection (d)(6), by inserting ‘‘pursuant
to this section’’ before the period; and
(5) in subsection (d)(8)—
(A) by striking ‘‘who’’ and inserting ‘‘or
entity that’’;
(B) by striking ‘‘for private home view-
ing’’; and
(C) by inserting ‘‘in accordance with the
provisions of this section’’ before the period.
(b) 
CONFORMING
AMENDMENTS.— 
Subsections
(a)(4) and (d)(1)(A) of section 111 of title 17, United
States Code, are each amended by striking ‘‘for private
home viewing’’.
SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY
AGREEMENTS TO PROVIDE SATELLITE SEC-
ONDARY TRANSMISSIONS TO LOCAL MAR-
KETS.
Section 119 of title 17, United States Code, is
amended by adding at the end the following:
‘‘(f) EXPEDITED CONSIDERATION BY JUSTICE DE-
PARTMENT OF VOLUNTARY AGREEMENTS TO PROVIDE
SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MAR-
KETS.—
‘‘(1) IN GENERAL.—In a case in which no sat-
ellite carrier makes available, to subscribers located
in a local market, as defined in section 122(j)(2),
the secondary transmission into that market of a
primary transmission of one or more television
broadcast stations licensed by the Federal Commu-
nications Commission, and two or more satellite car-
riers request a business review letter in accordance
with section 50.6 of title 28, Code of Federal Regu-
lations (as in effect on July 7, 2004), in order to as-
sess the legality under the antitrust laws of proposed
business conduct to make or carry out an agreement
to provide such secondary transmission into such
local market, the appropriate official of the Depart-
ment of Justice shall respond to the request no later
than 90 days after the date on which the request is
received.
‘‘(2) DEFINITION.—For purposes of this sub-
section, the term ‘antitrust laws’—
‘‘(A) has the meaning given that term in
subsection (a) of the first section of the Clayton
Act (15 U.S.C. 12(a)), except that such term
includes section 5 of the Federal Trade Com-
mission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competi-
tion; and
‘‘(B) includes any State law similar to the
laws referred to in paragraph (1).’’.
SEC. 109. STUDY.
No later than June 30, 2008, the Register of Copy-
rights shall report to the Committee on the Judiciary of
the House of Representatives and the Committee on the
Judiciary of the Senate the Register’s findings and rec-
ommendations on the operation and revision of the statu-
tory licenses under sections 111, 119, and 122 of title 17,
United States Code. The report shall include, but not be
limited to, the following:
(1) A comparison of the royalties paid by licens-
ees under such sections, including historical rates of
increases in these royalties, a comparison between
the royalties under each such section and the prices
paid in the marketplace for comparable program-
ming.
(2) An analysis of the differences in the terms
and conditions of the licenses under such sections,
an analysis of whether these differences are required
or justified by historical, technological, or regulatory
differences that affect the satellite and cable indus-
tries, and an analysis of whether the cable or sat-
ellite industry is placed in a competitive disadvan-
tage due to these terms and conditions.
(3) An analysis of whether the licenses under
such sections are still justified by the bases upon
which they were originally created.
(4) An analysis of the correlation, if any, be-
tween the royalties, or lack thereof, under such sec-
tions and the fees charged to cable and satellite sub-
scribers, addressing whether cable and satellite com-
panies have passed to subscribers any savings real-
ized as a result of the royalty structure and amounts
under such sections.
(5) An analysis of issues that may arise with
respect to the application of the licenses under such
sections to the secondary transmissions of the pri-
mary transmissions of network stations and super-
stations that originate as digital signals, including
issues that relate to the application of the unserved
household limitations under section 119 of title 17,
United States Code, and to the determination of roy-
alties of cable systems and satellite carriers.
TITLE 
II—FEDERAL 
COMMU-
NICATIONS COMMISSION OP-
ERATIONS
SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EX-
EMPTION.
Section 325(b)(2)(C) of the Communications Act of
1934 (47 U.S.C. 325(b)(2)(C)) is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31,
2009’’.
SEC. 202. CABLE/SATELLITE COMPARABILITY.
(a) AMENDMENT.—Part I of title III of the Commu-
nications Act of 1934 is amended by inserting after sec-
tion 339 (47 U.S.C. 339) the following new section:
‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED
TO BE CARRIED.
‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addi-
tion to the broadcast signals that subscribers may receive
under section 338 and 339, a satellite carrier is also au-
thorized to retransmit to a subscriber located in a commu-
nity the signal of any station located outside the local mar-
ket in which such subscriber is located, to the extent such
signal—
‘‘(1) has, before the date of enactment of the
Satellite Home Viewer Extension and Reauthoriza-
tion Act of 2004, been determined by the Federal
Communications Commission to be a signal a cable
operator may carry as significantly viewed in such
community, except to the extent that such signal is
prevented from being carried by a cable system in
such community under the Commission’s network
nonduplication and syndicated exclusivity rules; or
‘‘(2) is, after such date of enactment, deter-
mined by the Commission to be significantly viewed
in such community in accordance with the same
standards and procedures concerning shares of view-
ing hours and audience surveys as are applicable
under the rules, regulations, and authorizations of
the Commission to determining with respect to a
cable system whether signals are significantly viewed
in a community.
‘‘(b) LIMITATIONS.—
‘‘(1) ANALOG
SERVICE
LIMITED
TO
SUB-
SCRIBERS
TAKING
LOCAL-INTO-LOCAL
SERVICE.—
With respect to a signal that originates as an analog
signal of a network station, this section shall apply
only to retransmissions to subscribers of a satellite
carrier who receive retransmissions from that sat-
ellite carrier pursuant to section 338.
‘‘(2) DIGITAL SERVICE LIMITATIONS.—With re-
spect to a signal that originates as a digital signal
of a network station, this section shall apply only
if—
‘‘(A) the subscriber receives from the sat-
ellite carrier pursuant to section 338 the re-
transmission of the digital signal of a network
station in the subscriber’s local market that is
affiliated with the same television network; and
‘‘(B) either—
‘‘(i) the retransmission of the local
network station occupies at least the equiv-
alent bandwidth as the digital signal re-
transmitted pursuant to this section; or
‘‘(ii) the retransmission of the local
network station is comprised of the entire
bandwidth of the digital signal broadcast
by such local network station.
‘‘(3) LIMITATION NOT APPLICABLE WHERE NO
NETWORK
AFFILIATES.—The limitations in para-
graphs (1) and (2) shall not prohibit a retrans-
mission under this section to a subscriber located in
a local market in which there are no network sta-
tions affiliated with the same television network as
the station whose signal is being retransmitted pur-
suant to this section.
‘‘(4) AUTHORITY TO GRANT STATION-SPECIFIC
WAIVERS.—Paragraphs (1) and (2) shall not pro-
hibit a retransmission of a network station to a sub-
scriber if and to the extent that the network station
in the local market in which the subscriber is lo-
cated, and that is affiliated with the same television
network, has privately negotiated and affirmatively
granted a waiver from the requirements of para-
graph (1) and (2) to such satellite carrier with re-
spect to retransmission of the significantly viewed
station to such subscriber.
‘‘(c) PUBLICATION AND MODIFICATIONS OF LISTS;
REGULATIONS.—
‘‘(1) IN GENERAL.—The Commission shall—
‘‘(A) within 60 days after the date of en-
actment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004—
‘‘(i) publish a list of the stations that
are eligible for retransmission under sub-
section (a) (1) and the communities in
which such stations are eligible for such re-
transmission; and
‘‘(ii) commence a rulemaking pro-
ceeding to implement this section by publi-
cation of a notice of proposed rulemaking;
‘‘(B) adopt rules pursuant to such rule-
making within one year after such date of en-
actment.
‘‘(2) PUBLIC
AVAILABILITY
OF
LIST.—The
Commission shall make readily available to the pub-
lic in electronic form, on the Internet website of the
Commission or other comparable facility, a list of
the stations that are eligible for retransmission
under subsection (a) and the communities in which
such stations are eligible for such retransmission.
The Commission shall update such list within 10
business days after the date on which the Commis-
sion issues an order making any modification of
such stations and communities.
‘‘(3) MODIFICATIONS.—In addition to cable op-
erators and television broadcast station licensees, the
Commission shall permit a satellite carrier to peti-
tion 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 sub-
section (e).
‘‘(d) 
EFFECT
ON
OTHER
OBLIGATIONS
AND
RIGHTS.—
‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—
Carriage of a signal under this section is not manda-
tory, 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.
signals pursuant to subparagraph (A)
or (B)(i) of this paragraph.
‘‘(ii) Within 60 days after the date a
satellite carrier commences to carry pursu-
ant to section 338 the signals of stations
from a local market, such a satellite carrier
that provides a distant signal of a network
station to a subscriber pursuant to sub-
paragraph (B)(ii) of this paragraph shall
submit to each network—
‘‘(I) a list identifying each sub-
scriber in that local market 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 carrier’s knowledge and
belief after having made diligent and
good faith inquiries, the subscriber is
qualified under the existing law to re-
ceive the distant network signal or