‘‘(9) PRIMARY
STREAM.—A ‘primary stream’ 
is— 
‘‘(A) the single digital stream of program-
ming that prior to june 12, 2009 was substan-
tially duplicating the programming transmitted 
by the television broadcast station as an analog 
signal; or 
‘‘(B) if there is no such stream, the single 
digital stream of programming transmitted by 
the station for the longest period of time. 
‘‘(10) PRIMARY
TRANSMITTER.—A ‘primary 
transmitter’ is a television or radio broadcast station 
licensed by the Federal Communications Commis-
sion, or by an appropriate governmental authority of 
Canada or Mexico, that makes primary trans-
missions to the public. 
‘‘(11) 
MULTICAST
STREAM.—A 
‘multicast 
stream’ is a digital stream of programming trans-
mitted by a television broadcast station that is not 
the station’s primary stream. 
‘‘(12) SIMULCAST.—A ‘simulcast’ is a multicast 
stream of a television broadcast station that dupli-
cates the programming transmitted by the primary 
stream or another multicast stream of such station. 
‘‘(13) SUBSCRIBER; SUBSCRIBE.—
‘‘(A) SUBSCRIBER.—The term ‘subscriber’ 
means a person or entity that receives a sec-
ondary transmission service from a cable sys-
tem and pays a fee for the service, directly or 
indirectly, to the cable system. 
‘‘(B) SUBSCRIBE.—The term ‘subscribe’ 
means to elect to become a subscriber.’’. 
(f) TIMING OF SECTION 111 PROCEEDINGS.—Section 
804(b)(1) is amended by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2015’’. 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CORRECTIONS
TO
FIX
LEVEL
DESIGNA-
TIONS.—Section 111 is amended— 
(A) in subsections (a), (c), and (e), by 
striking ‘‘clause’’ each place it appears and in-
serting ‘‘paragraph’’; 
(B) in subsection (c)(1), by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’; and 
(C) in subsection (e)(1)(F), by striking 
‘‘subclause’’ and inserting ‘‘subparagraph’’. 
(2) CONFORMING AMENDMENT TO HYPHENATE 
NONNETWORK.—Section 111 is amended by striking 
‘‘nonnetwork’’ each place it appears and inserting 
‘‘non-network’’.
(3) 
PREVIOUSLY
UNDESIGNATED
PARA-
GRAPH.—Section 111(e)(1) is amended by striking 
‘‘second paragraph of subsection (f)’’ and inserting 
‘‘subsection (f)(2)’’. 
(4) REMOVAL
OF
SUPERFLUOUS
ANDS.—Sec-
tion 111(e) is amended— 
(A) in paragraph (1)(A), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (1)(B), by striking 
‘‘and’’ at the end; 
(C) in paragraph (1)(C), by striking ‘‘and’’ 
at the end; 
(D) in paragraph (1)(D), by striking 
‘‘and’’ at the end; and 
(E) in paragraph (2)(A), by striking ‘‘and’’ 
at the end. 
(5) 
REMOVAL
OF
VARIANT
FORMS
REF-
ERENCES.—Section 111 is amended— 
(A) in subsection (e)(4), by striking ‘‘, and 
each of its variant forms,’’; and 
(B) in subsection (f), by striking ‘‘and 
their variant forms’’. 
(6) CORRECTION TO TERRITORY REFERENCE.— 
Section 111(e)(2) is amended in the matter pre-
ceding subparagraph (A) by striking ‘‘three terri-
tories’’ and inserting ‘‘five entities’’. 
(h) 
EFFECTIVE
DATE
WITH
RESPECT
TO 
MULTICAST STREAMS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the amendments made by this section, to 
the extent such amendments assign a distant signal 
equivalent value to the secondary transmission of the 
multicast stream of a primary transmitter, shall take 
effect on the date of the enactment of this Act. 
(2) DELAYED APPLICABILITY.— 
(A) SECONDARY
TRANSMISSIONS
OF
A 
MULTICAST STREAM BEYOND THE LOCAL SERV-
ICE AREA OF ITS PRIMARY TRANSMITTER BE-
FORE 2009 ACT.—In any case in which a cable 
system was making secondary transmissions of 
a multicast stream beyond the local service area 
of its primary transmitter before the date of the 
enactment of this Act, a distant signal equiva-
lent value (referred to in paragraph (1)) shall 
not be assigned to secondary transmissions of 
such multicast stream that are made on or be-
fore June 30, 2010. 
(B) MULTICAST
STREAMS
SUBJECT
TO 
PREEXISTING WRITTEN AGREEMENTS FOR THE
SECONDARY
TRANSMISSION
OF
SUCH 
STREAMS.—In any case in which the secondary 
transmission of a multicast stream of a primary 
transmitter is the subject of a written agree-
ment entered into on or before June 30, 2009, 
between a cable system or an association rep-
resenting the cable system and a primary trans-
mitter or an association representing the pri-
mary transmitter, a distant signal equivalent 
value (referred to in paragraph (1)) shall not be 
assigned to secondary transmissions of such 
multicast stream beyond the local service area 
of its primary transmitter that are made on or 
before the date on which such written agree-
ment expires. 
(C) NO REFUNDS OR OFFSETS FOR PRIOR 
STATEMENTS
OF
ACCOUNT.—A cable system 
that has reported secondary transmissions of a 
multicast stream beyond the local service area 
of its primary transmitter on a statement of ac-
count deposited under section 111 of title 17, 
United States Code, before the date of the en-
actment of this Act shall not be entitled to any 
refund, or offset, of royalty fees paid on ac-
this subsection shall waive such injunction with 
respect to the statutory license provided under 
subsection (a)(2) to the extent necessary to 
allow such carrier to make secondary trans-
missions of primary transmissions made by a 
network station to unserved households located 
in short markets in which such carrier was not 
providing local service pursuant to the license 
under section 122 as of December 31, 2009. 
‘‘(B) EXPIRATION OF TEMPORARY WAIV-
ER.—A temporary waiver of an injunction 
under subparagraph (A) shall expire after the 
end of the 120-day period beginning on the 
date such temporary waiver is issued unless ex-
tended for good cause by the court making the 
temporary waiver. 
‘‘(C) FAILURE TO MAKE GOOD FAITH EF-
FORT TO PROVIDE LOCAL-INTO-LOCAL SERVICE 
TO ALL DMAS.— 
‘‘(i) WILLFUL FAILURE.—If the court 
issuing a temporary waiver under subpara-
graph (A) determines that the satellite car-
rier that made the request for such waiver 
has failed to make a good faith effort to 
provide local-into-local service to all DMAs
and determines that such failure was will-
ful, such failure— 
‘‘(I) is actionable as an act of in-
fringement under section 501 and the 
court may in its discretion impose the 
remedies provided for in sections 502 
through 506 and subsection (a)(6)(B) 
of this section; and 
‘‘(II) shall result in the termi-
nation of the waiver issued under sub-
paragraph (A). 
‘‘(ii) NONWILLFUL FAILURE.—If the 
court issuing a temporary waiver under 
subparagraph (A) determines that the sat-
ellite carrier that made the request for 
such waiver has failed to make a good 
faith effort to provide local-into-local serv-
ice to all DMAs and determines that such 
failure was nonwillful, the court may in its 
discretion impose financial penalties that 
reflect— 
‘‘(I) the degree of control the 
carrier had over the circumstances 
that resulted in the failure;
‘‘(II) the quality of the carrier’s 
efforts to remedy the failure; and 
‘‘(III) the severity and duration 
of any service interruption. 
‘‘(D) SINGLE TEMPORARY WAIVER AVAIL-
ABLE.—An entity may only receive one tem-
porary waiver under this paragraph. 
‘‘(E) SHORT MARKET DEFINED.—For pur-
poses of this paragraph, the term ‘short mar-
ket’ means a local market in which program-
ming of one or more of the four most widely 
viewed television networks nationwide as meas-
ured on the date of enactment of this sub-
section is not offered on the primary stream 
transmitted by any local television broadcast 
station. 
‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER 
RECOGNITION.— 
‘‘(A) STATEMENT
OF
ELIGIBILITY.—An 
entity seeking to be recognized as a qualified 
carrier under this subsection shall file a state-
ment of eligibility with the court that imposed 
the injunction. A statement of eligibility must 
include—
‘‘(i) an affidavit that the entity is pro-
viding local-into-local service to all DMAs; 
‘‘(ii) a request for a waiver of the in-
junction; and 
‘‘(iii) a certification issued pursuant 
to section 342(a) of Communications Act 
of 1934. 
‘‘(B) GRANT OF RECOGNITION AS A QUALI-
FIED CARRIER.—Upon receipt of a statement of 
eligibility, the court shall recognize the entity as 
a qualified carrier and issue the waiver under 
paragraph (1). 
‘‘(C) VOLUNTARY TERMINATION.—At any 
time, an entity recognized as a qualified carrier 
may file a statement of voluntary termination 
with the court certifying that it no longer wish-
es to be recognized as a qualified carrier. Upon 
receipt of such statement, the court shall rein-
state the injunction waived under paragraph 
(1). 
‘‘(D) LOSS
OF
RECOGNITION
PREVENTS 
FUTURE RECOGNITION.—No entity may be rec-
ognized as a qualified carrier if such entity had 
previously been recognized as a qualified carrier 
and subsequently lost such recognition or volun-
tarily terminated such recognition under sub-
paragraph (C). 
‘‘(4) QUALIFIED
CARRIER
OBLIGATIONS
AND 
COMPLIANCE.— 
‘‘(A) CONTINUING OBLIGATIONS.— 
‘‘(i) IN GENERAL.—An entity recog-
nized as a qualified carrier shall continue 
to provide local-into-local service to all 
DMAs. 
‘‘(ii) COOPERATION WITH GAO EXAM-
INATION.—An entity recognized as a quali-
fied carrier shall fully cooperate with the 
Comptroller General in the examination re-
quired by subparagraph (B). 
‘‘(B) QUALIFIED
CARRIER
COMPLIANCE 
EXAMINATION.— 
‘‘(i) EXAMINATION
AND
REPORT.— 
The Comptroller General shall conduct an 
examination and publish a report con-
cerning the qualified carrier’s compliance 
with the royalty payment and household 
eligibility requirements of the license under 
this section. The report shall address the 
qualified carrier’s conduct during the pe-
riod beginning on the date on which the
qualified carrier is recognized as such 
under paragraph (3)(B) and ending on De-
cember 31, 2011. 
‘‘(ii) RECORDS
OF
QUALIFIED
CAR-
RIER.—Beginning on the date that is one 
year after the date on which the qualified 
carrier is recognized as such under para-
graph (3)(B), the qualified carrier shall 
provide the Comptroller General with all 
records that the Comptroller General, in 
consultation with the Register of Copy-
rights, considers to be directly pertinent to 
the following requirements under this sec-
tion: 
‘‘(I) Proper calculation and pay-
ment of royalties under the statutory 
license under this section. 
‘‘(II) Provision of service under 
this license to eligible subscribers 
only. 
‘‘(iii) SUBMISSION OF REPORT.—The 
Comptroller General shall file the report 
required by clause (i) not later than March 
1, 2012, with the court referred to in para-
graph (1) that issued the injunction, the
Register of Copyrights, and the Commit-
tees on the Judiciary of the House of Rep-
resentatives and the Senate. 
‘‘(iv) EVIDENCE OF INFRINGEMENT.— 
The Comptroller General shall include in 
the report a statement of whether the ex-
amination by the Comptroller General indi-
cated that there is substantial evidence 
that a copyright holder could bring a suc-
cessful action under this section against 
the qualified carrier for infringement. The 
Comptroller General shall consult with the 
Register of Copyrights in preparing such 
statement. 
‘‘(v) SUBSEQUENT EXAMINATION.—If 
the report includes the Comptroller Gen-
eral’s statement that there is substantial 
evidence that a copyright holder could 
bring a successful action under this section 
against the qualified carrier for infringe-
ment, the Comptroller General shall, not 
later than 6 months after the report under 
clause (i) is published, initiate another ex-
amination of the qualified carrier’s compli-
ance with the royalty payment and house-
hold eligibility requirements of the license 
under this section since the last report was 
filed under clause (iii). The Comptroller 
General shall file a report on such exam-
ination with the court referred to in para-
graph (1) that issued the injunction, the 
Register of Copyrights, and the Commit-
tees on the Judiciary of the House of Rep-
resentatives and the Senate. The report 
shall include a statement described in 
clause (iv), prepared in consultation with 
the Register of Copyrights. 
‘‘(C) AFFIRMATION.—A qualified carrier 
shall file an affidavit with the district court and 
the Register of Copyrights 30 months after 
such status was granted stating that, to the 
best of the affiant’s knowledge, it is in compli-
ance with the requirements for a qualified car-
rier. 
‘‘(D) 
COMPLIANCE
DETERMINATION.— 
Upon the motion of an aggrieved television 
broadcast station, the court recognizing an enti-
ty as a qualified carrier may make a determina-
tion of whether the entity is providing local- 
into-local service to all DMAs.
‘‘(E) PLEADING
REQUIREMENT.—In any 
motion brought under subparagraph (D), the 
party making such motion shall specify one or 
more designated market areas (as such term is 
defined in section 122(j)(2)(C)) for which the 
failure to provide service is being alleged, and, 
for each such designated market area, shall 
plead with particularity the circumstances of 
the alleged failure. 
‘‘(F) BURDEN
OF
PROOF.—In any pro-
ceeding to make a determination under sub-
paragraph (D), and with respect to a des-
ignated market area for which failure to provide 
service is alleged, the entity recognized as a 
qualified carrier shall have the burden of prov-
ing that the entity provided local-into-local serv-
ice with a good quality satellite signal to at 
least 90 percent of the households in such des-
ignated market area (based on the most recent 
census data released by the United States Cen-
sus Bureau) at the time and place alleged. 
‘‘(G) ENFORCEMENT.—Upon motion filed 
by an interested party, the court recognizing an 
entity as a qualified carrier shall terminate such 
designation upon finding that the entity has
failed to meet the requirements imposed on the 
entity under this paragraph. 
‘‘(5) FAILURE TO PROVIDE SERVICE.— 
‘‘(A) PENALTIES.—If the court recognizing 
an entity as a qualified carrier finds that such 
entity has willfully failed to provide local-into- 
local service to all DMAs, such finding shall re-
sult in the loss of recognition of the entity as 
a qualified carrier and the termination of the 
waiver provided under paragraph (1), and the 
court may, in its discretion— 
‘‘(i) treat such failure as an act of in-
fringement under section 501, and subject 
such infringement to the remedies provided 
for in sections 502 through 506 and sub-
section (a)(6)(B) of this section; and 
‘‘(ii) impose a fine of not more than 
$250,000. 
‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA-
TION.—If the court determines that the failure 
to provide local-into-local service to all DMAs is 
nonwillful, the court may in its discretion im-
pose financial penalties for noncompliance that 
reflect—
‘‘(i) the degree of control the entity 
had over the circumstances that resulted in 
the failure; 
‘‘(ii) the quality of the entity’s efforts 
to remedy the failure and restore service; 
and 
‘‘(iii) the severity and duration of the 
service interruption. 
‘‘(6) PENALTIES
FOR
VIOLATIONS
OF
LI-
CENSE.—A court that finds, under subsection 
(a)(6)(A), that an entity recognized as a qualified 
carrier has willfully made a secondary transmission 
of a primary transmission made by a network sta-
tion and embodying a performance or display of a 
work to a subscriber who is not eligible to receive 
the transmission under this section shall reinstate 
the injunction waived under paragraph (1), and the 
court may order statutory damages of not more than 
$2,500,000. 
‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS 
DEFINED.—For purposes of this subsection: 
‘‘(A) IN
GENERAL.—An entity provides 
‘local-into-local service to all DMAs’ if the enti-
ty provides local service in all designated mar-
ket areas (as such term is defined in section
122(j)(2)(C)) pursuant to the license under sec-
tion 122. 
‘‘(B) HOUSEHOLD
COVERAGE.—For pur-
poses of subparagraph (A), an entity that 
makes available local-into-local service with a 
good quality satellite signal to at least 90 per-
cent of the households in a designated market 
area based on the most recent census data re-
leased by the United States Census Bureau 
shall be considered to be providing local service 
to such designated market area. 
‘‘(C) GOOD
QUALITY
SATELLITE
SIGNAL 
DEFINED.—The term ‘good quality signal’ has 
the meaning given such term under section 
342(e)(2) of Communications Act of 1934.’’. 
SEC. 106. TERMINATION OF LICENSE. 
(a) TERMINATION.—Section 119, as amended by this 
title, shall cease to be effective on December 31, 2014. 
(b) CONFORMING AMENDMENT.—Section 4(a) of the 
Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; 
Public Law 103–369) is repealed. 
SEC. 107. SURCHARGE ON STATUTORY LICENSES. 
(a) SURCHARGES.—The Copyright Royalty Judges 
shall establish a surcharge or surcharges to be paid, in 
accordance with subsection (b), by cable systems subject
to statutory licensing under section 111(c) of title 17, 
United States Code, and satellite carriers whose secondary 
transmissions are subject to statutory licensing under sec-
tion 119(a) of such title, in addition to the royalty fees 
paid by such cable systems under section 111(d)(1) of 
such title and by such satellite carriers under section 
119(b)(1) of such title. 
(b) AMOUNT AND TIMING OF SURCHARGES.—Sur-
charges under subsection (a) shall be assessed, during fis-
cal years 2009 through 2019, in amounts that, in the ag-
gregate, will equal at least $92,000,000. 
(c) FUNDS UNAVAILABLE FOR OBLIGATION.—Sur-
charges collected under this section shall be deposited in 
the Treasury of the United States and shall not be avail-
able for obligation. 
(d) AUTHORITIES.—The Copyright Royalty Judges 
may exercise the authorities such Judges have under chap-
ter 8 of title 17, United States Code, to carry out this 
section. 
SEC. 108. CONSTRUCTION. 
Nothing in section 111, 119, or 122 of title 17, 
United States Code, including the amendments made to 
such sections by this title, shall be construed to affect the 
meaning of any terms under the Communications Act of 
1934, except to the extent that such sections are specifi-
cally cross-referenced in such Act or the regulations issued 
thereunder. 
TITLE II—COMMUNICATIONS 
PROVISIONS 
SEC. 201. REFERENCE. 
Except as otherwise provided, whenever in this title 
an amendment is made to a section or other provision, 
the reference shall be considered to be made to such sec-
tion or provision of the Communications Act of 1934 (47 
U.S.C. 151 et seq.). 
SEC. 202. EXTENSION OF AUTHORITY. 
Section 325(b) is amended— 
(1) in paragraph (2)(C), by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2014’’; and 
(2) in paragraph (3)(C), by striking ‘‘January 
1, 2010’’ each place it appears in clauses (ii) and 
(iii) and inserting ‘‘January 1, 2015’’. 
SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 
(a) IN GENERAL.—Paragraphs (1) and (2) of section 
340(b) are amended to read as follows: 
‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK-
ING LOCAL-INTO-LOCAL SERVICE.—This section shall 
apply only to retransmissions to subscribers of a sat-
ellite carrier who receive retransmissions of a signal 
from that satellite carrier pursuant to section 338.
‘‘(2) SERVICE LIMITATIONS.—A satellite carrier 
may retransmit to a subscriber in high definition 
format the signal of a station determined by the 
Commission to be significantly viewed under sub-
section (a) only if such carrier also retransmits in 
high definition format the signal of a station located 
in the local market of such subscriber and affiliated 
with the same network whenever such format is 
available from such station.’’. 
(b) RULEMAKING REQUIRED.—Within 180 days after 
the date of the enactment of this Act, the Federal Commu-
nications Commission shall take all actions necessary to 
promulgate a rule to implement the amendments made by 
subsection (a). 
SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING 
AMENDMENTS. 
(a) SECTION 338.—Section 338 is amended— 
(1) in subsection (a), by striking ‘‘(3) EFFEC-
TIVE
DATE.—No satellite’’ and all that follows 
through ‘‘until January 1, 2002.’’; and 
(2) by amending subsection (g) to read as fol-
lows: 
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE 
RECEPTION ANTENNA.—
‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat-
ellite carrier that retransmits the signals of local tel-
evision broadcast stations in a local market shall re-
transmit such stations in such market so that a sub-
scriber may receive such stations by means of a sin-
gle reception antenna and associated equipment. 
‘‘(2) ADDITIONAL
RECEPTION
ANTENNA.—If 
the carrier retransmits the signals of local television 
broadcast stations in a local market in high defini-
tion format, the carrier shall retransmit such signals 
in such market so that a subscriber may receive 
such signals by means of a single reception antenna 
and associated equipment, but such antenna and as-
sociated equipment may be separate from the single 
reception antenna and associated equipment used to 
comply with paragraph (1).’’. 
(b) SECTION 339.—Section 339 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by striking ‘‘Such 
two network stations’’ and all that follows 
through ‘‘more than two network stations.’’; 
and 
(B) in paragraph (2)— 
(i) in the heading for subparagraph 
(A), by striking ‘‘TO ANALOG SIGNALS’’;
(ii) in subparagraph (A)— 
(I) in the heading for clause (i), 
by striking ‘‘ANALOG’’; 
(II) in clause (i)— 
(aa) by striking ‘‘analog’’ 
each place it appears; and 
(bb) by striking ‘‘October 1, 
2004’’ and inserting ‘‘October 1, 
2009’’; 
(III) in the heading for clause 
(ii), by striking ‘‘ANALOG’’; and 
(IV) in clause (ii)— 
(aa) by striking ‘‘analog’’ 
each place it appears; and 
(bb) by striking ‘‘2004’’ and 
inserting ‘‘2009’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 
‘‘(i) IN GENERAL.—In the case of a 
subscriber of a satellite carrier who is eligi-
ble to receive the signal of a network sta-
tion under this section (in this subpara-
graph referred to as a ‘distant signal’), 
other than subscribers to whom subpara-
graph (A) applies, the following shall 
apply: 
‘‘(I) In a case in which the sat-
ellite carrier makes available to that 
subscriber, on January 1, 2005, the 
signal of a local network station affili-
ated with the same television network 
pursuant to section 338, the carrier 
may only provide the secondary trans-
missions of the distant signal of a sta-
tion affiliated with the same network 
to that subscriber if the subscriber’s 
satellite carrier, not later than March 
1, 2005, submits to that television 
network the list and statement re-
quired by subparagraph (F)(i). 
‘‘(II) In a case in which the sat-
ellite carrier does not make available 
to that subscriber, on January 1, 
2005, the signal of a local network 
station pursuant to section 338, the 
carrier may only provide the sec-
ondary transmissions of the distant 
signal of a station affiliated with the 
same network to that subscriber if—
‘‘(aa) that subscriber seeks 
to subscribe to such distant sig-
nal before the date on which such 
carrier commences to carry pur-
suant to section 338 the signals 
of stations from the local market 
of such local network station; and 
‘‘(bb) the satellite carrier, 
within 60 days after such date, 
submits to each television net-
work the list and statement re-
quired by subparagraph (F)(ii). 
‘‘(ii) SPECIAL
CIRCUMSTANCES.—A 
subscriber of a satellite carrier who was 
lawfully receiving the distant signal of a 
network station on the day before the date 
of enactment of the Satellite Home Viewer 
Reauthorization Act of 2009 may receive 
both such distant signal and the local sig-
nal of a network station affiliated with the 
same network until such subscriber chooses 
to no longer receive such distant signal 
from such carrier.’’; 
(iv) in subparagraph (C)— 
(I) by striking ‘‘analog’’;
(II) in clause (i), by striking ‘‘the 
Satellite Home Viewer Extension and 
Reauthorization Act of 2004’’ and in-
serting ‘‘the Satellite Home Viewer 
Reauthorization Act of 2009’’; and 
(III) by amending clause (ii) to 
read as follows: 
‘‘(ii) either— 
‘‘(I) at the time such person 
seeks to subscribe to receive such sec-
ondary transmission, resides in a local 
market where the satellite carrier 
makes available to that person the 
signal of a local network station affili-
ated with the same television network 
pursuant to section 338, and the re-
transmission of such signal by such 
carrier can reach such subscriber; or 
‘‘(II) receives from the satellite 
carrier the programming of a network 
station affiliated with the same net-
work that is broadcast by a local sta-
tion in the market where the sub-
scriber resides, but such programming
is not contained within the local sta-
tion’s primary video.’’; 
(v) in subparagraph (D)— 
(I) in the heading, by striking 
‘‘DIGITAL’’; 
(II) by striking clauses (i), (iii) 
through (v), (vii) through (ix), and 
(xi); 
(III) by redesignating clause (vi) 
as clause (i) and transferring such 
clause to appear before clause (ii); 
(IV) by amending such clause (i) 
(as so redesignated) to read as fol-
lows: 
‘‘(i) SIGNAL TESTING.—A subscriber 
shall be eligible to receive a distant signal 
of a distant network station affiliated with 
the same network under this section if 
such subscriber is determined, based on a 
test conducted in accordance with section 
73.686(d) of title 47, Code of Federal Reg-
ulations, 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 
Regulations.’’; 
(V) in clause (ii)— 
(aa) by striking ‘‘DIGITAL’’ 
in the heading; 
(bb) by striking ‘‘digital’’ 
the first two places such term ap-
pears; 
(cc) by striking ‘‘Satellite 
Home Viewer Extension and Re-
authorization Act of 2004’’ and 
inserting ‘‘Satellite Home Viewer 
Reauthorization Act of 2009’’; 
and 
(dd) by striking ‘‘, whether 
or not such subscriber elects to 
subscribe to local digital signals’’; 
(VI) by inserting after clause (ii) 
the following new clause: 
‘‘(iii) TIME-SHIFTING PROHIBITED.— 
In a case in which the satellite carrier 
makes available to an eligible subscriber 
under this subparagraph the signal of a 
local network station pursuant to section 
338, the carrier may only provide the dis-
tant signal of a station affiliated with the 
same network to that subscriber if, in the 
case of any local market in the 48 contig-
uous States of the United States, the dis-
tant signal is the secondary transmission 
of a station whose prime time network pro-
gramming is generally broadcast simulta-
neously with, or later than, the prime time 
network programming of the affiliate of 
the same network in the local market.’’; 
and 
(VII) by redesignating clause (x) 
as clause (iv); and 
(vi) in subparagraph (E), by striking 
‘‘distant analog signal or’’ and all that fol-
lows through ‘‘(B), or (D))’’ and inserting 
‘‘distant signal’’; 
(2) in subsection (c)— 
(A) by amending paragraph (3) to read as 
follows: 
‘‘(3) ESTABLISHMENT
OF
IMPROVED
PRE-
DICTIVE
MODEL
AND
ON-LOCATION
TESTING
RE-
QUIRED.— 
‘‘(A) PREDICTIVE
MODEL.—Within 180 
days after the date of the enactment of the Sat-
ellite Home Viewer Reauthorization Act of 
2009, the Commission shall take all actions 
necessary to develop and prescribe by rule a 
point-to-point predictive model for reliably and 
presumptively determining the ability of indi-
vidual locations, through the use of a conven-
tional, stationary, outdoor rooftop receiving an-
tenna, to receive signals in accordance with the 
signal 
intensity 
standard 
in 
section 
73.622(e)(1) of title 47, Code of Federal Regu-
lations, including to account for the continuing 
operation of translator stations and low power 
television stations. In prescribing such model, 
the Commission shall rely on the Individual Lo-
cation Longley-Rice model set forth by the 
Commission in CS Docket No. 98–201, as pre-
viously revised with respect to analog signals, 
and as recommended by the Commission with 
respect to digital signals in its Report to Con-
gress in ET Docket No. 05–182, FCC 05–199 
(released December 9, 2005). The Commission 
shall establish procedures for the continued re-
finement in the application of the model by the 
use of additional data as it becomes available.
‘‘(B) ON-LOCATION TESTING.—The Com-
mission shall issue an order completing its rule-
making proceeding in ET Docket No. 06–94 
within 180 days after the date of enactment of 
the Satellite Home Viewer Reauthorization Act 
of 2009. 
‘‘(C) STUDY
OF
TYPES
OF
ANTENNAS 
AVAILABLE TO RECEIVE DIGITAL SIGNALS.— 
‘‘(i) STUDY
REQUIRED.—Not later 
than 1 year after the date of enactment of 
the Satellite Home Viewer Reauthorization 
Act of 2009, the Commission shall com-
plete a study regarding whether, for pur-
poses of identifying if a household is 
unserved by an adequate digital signal 
under section 119(d)(10) of title 17, 
United States Code, the digital signal 
strength standard in section 73.622(e)(1) 
of title 47, Code of Federal Regulations, or 
the testing procedures in section 73.686 of 
title 47, Code of Federal Regulations, such 
statutes or regulations should be revised to 
take into account the types of antennas 
that are available to and used by con-
sumers.
‘‘(ii) 
STUDY
CONSIDERATION.—In 
conducting the study under clause (i), the 
Commission shall consider whether to ac-
count for the fact that an antenna can be 
mounted on a roof or placed in a home and 
can be fixed or capable of rotating. 
‘‘(iii) REPORT.—Not later than 1 year 
after the date of enactment of the Satellite 
Home Viewer Reauthorization Act of 2009, 
the Commission shall submit to the Com-
mittee on Energy and Commerce of the 
House of Representatives and the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate a report con-
taining— 
‘‘(I) the results of the study con-
ducted under clause (i); and 
‘‘(II) recommendations, if any, 
regarding changes to be made to Fed-
eral statutes or regulations.’’; 
(B) by amending paragraph (4)(A) to read 
as follows: 
‘‘(A) IN GENERAL.—If a subscriber’s re-
quest for a waiver under paragraph (2) is re-
jected and the subscriber submits to the sub-
scriber’s satellite carrier a request for a test 
verifying the subscriber’s inability to receive a 
signal of the signal intensity referenced in 
clause (i) of subsection (a)(2)(D), the satellite 
carrier and the network station or stations as-
serting that the retransmission is prohibited 
with respect to that subscriber shall select a 
qualified and independent person to conduct the 
test referenced in such clause. Such test shall 
be conducted within 30 days after the date the 
subscriber submits a request for the test. If the 
written findings and conclusions of a test con-
ducted in accordance with such clause dem-
onstrate that the subscriber does not receive a 
signal that meets or exceeds the requisite signal 
intensity standard in such clause, the subscriber 
shall not be denied the retransmission of a sig-
nal of a network station under section 
119(d)(10)(A) of title 17, United States 
Code.’’; 
(C) in paragraph (4)(B), by striking ‘‘the 
signal intensity’’ and all that follows through 
‘‘United States Code’’ and inserting ‘‘such req-
uisite signal intensity standard’’; and
(D) in paragraph (4)(E), by striking 
‘‘Grade B intensity’’. 
(c) SECTION 340.—Section 340(i) is amended by 
striking paragraph (4). 
SEC. 
205. 
APPLICATION 
PENDING 
COMPLETION 
OF 
RULEMAKINGS. 
(a) IN GENERAL.—During the period beginning on 
the date of the enactment of this Act and ending on the 
date on which the Federal Communications Commission 
adopts rules pursuant to the amendments to the Commu-
nications Act of 1934 made by sections 203 and 204 of 
this Act, the Federal Communications Commission shall 
follow its rules and regulations promulgated pursuant to 
sections 338, 339, and 340 of the Communications Act 
of 1934 as in effect on the day before the date of enact-
ment of this Act. 
(b) TRANSLATOR STATIONS AND LOW POWER TELE-
VISION STATIONS.—Notwithstanding subsection (a), for 
purposes of determining whether a subscriber within the 
local market served by a translator station or a low power 
television station affiliated with a television network is eli-
gible to receive distant signals under section 339 of the 
Communications Act of 1934, the Federal Communica-
tions Commission shall follow its rules and regulations for 
determining such subscriber’s eligibility as in effect on the
day before the date of enactment of this Act until the date 
on which the translator station or low power television sta-
tion is licensed to broadcast a digital signal. 
(c) DEFINITIONS.—As used in this title: 
(1) LOCAL MARKET; LOW POWER TELEVISION 
STATION; SATELLITE CARRIER; SUBSCRIBER; TELE-
VISION
BROADCAST
STATION.—The terms ‘‘local 
market’’, ‘‘low power television station’’, ‘‘satellite 
carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta-
tion’’ have the meanings given such terms in section 
338(k) of the Communications Act of 1934. 
(2) NETWORK
STATION; 
TELEVISION
NET-
WORK.—The terms ‘‘network station’’ and ‘‘tele-
vision network’’ have the meanings given such terms 
in section 339(d) of such Act. 
SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CER-
TIFICATION. 
Part I of title III is amended by adding at the end 
the following new section: 
‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 
CERTIFICATION. 
‘‘(a) CERTIFICATION.—The Commission shall issue a 
certification for the purposes of section 119(g)(3)(A)(iii) 
of title 17, United States Code, if the Commission deter-
mines that—
‘‘(1) PUBLIC COMMENT.—The Commission shall 
provide 30 days for public comment on a request for 
certification under this section. 
‘‘(2) DEADLINE FOR DECISION.—The Commis-
sion shall grant or deny a request for certification 
within 90 days after the date on which such request 
is filed. 
‘‘(d) SUBSEQUENT AFFIRMATION.—An entity grant-
ed qualified carrier status pursuant to section 119(g) of 
title 17, United States Code, shall file an affidavit with 
the Commission 30 months after such status was granted 
stating that, to the best of the affiant’s knowledge, it is 
in compliance with the requirements for a qualified car-
rier. 
‘‘(e) DEFINITIONS.—For the purposes of this section: 
‘‘(1) DESIGNATED MARKET AREA.—The term 
‘designated market area’ has the meaning given such 
term in section 122(j)(2)(C) of title 17, United 
States Code. 
‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 
‘‘(A) IN GENERAL.—The term ‘‘good qual-
ity satellite signal’’ means— 
‘‘(i) a satellite signal whose power 
level as designed shall achieve reception 
and demodulation of the signal at an avail-
ability level of at least 99.7 percent 
using— 
‘‘(I) models of satellite antennas 
normally used by the satellite carrier’s 
subscribers; and 
‘‘(II) the same calculation meth-
odology used by the satellite carrier to 
determine predicted signal availability 
in the top 100 designated market 
areas; and 
‘‘(ii) taking into account whether a 
signal is in standard definition format or 
high definition format, compression meth-
odology, 
modulation, 
error 
correction, 
power level, and utilization of advances in 
technology that do not circumvent the in-
tent of this section to provide for non-dis-
criminatory treatment with respect to any 
comparable television broadcast station sig-
nal, a video signal transmitted by a sat-
ellite carrier such that— 
‘‘(I) the satellite carrier treats all 
television broadcast stations’ signals 
the same with respect to statistical 
multiplexer prioritization; and
100 
‘‘(II) the number of video signals 
in the relevant satellite transponder is 
not more than the then current great-
est number of video signals carried on 
any equivalent transponder serving 
the top 100 designated market areas. 
‘‘(B) DETERMINATION.—For the purposes 
of subparagraph (A), the top 100 designated 
market areas shall be as determined by Nielsen 
Media Research and published in the Nielsen 
Station Index Directory and Nielsen Station 
Index United States Television Household Esti-
mates or any successor publication as of the 
date of a satellite carrier’s application for cer-
tification under this section.’’. 
SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEF-
INITION DIGITAL SIGNALS OF NONCOMMER-
CIAL EDUCATIONAL TELEVISION STATIONS. 
(a) IN GENERAL.—Section 338(a) is amended by 
adding at the end the following new paragraph: 
‘‘(5) NONDISCRIMINATION
IN
CARRIAGE
OF 
HIGH
DEFINITION
SIGNALS
OF
NONCOMMERCIAL 
EDUCATIONAL TELEVISION STATIONS.— 
‘‘(A) EXISTING CARRIAGE OF HIGH DEFI-
NITION SIGNALS.—If, prior to the date of enact-
101 
ment of the Satellite Home Viewer Reauthoriza-
tion Act of 2009, an eligible satellite carrier is 
providing, under section 122 of title 17, United 
States Code, any secondary transmissions in 
high definition to subscribers located within the 
local market of a television broadcast station of 
a primary transmission made by that station, 
then such satellite carrier shall carry the high- 
definition signals of qualified noncommercial 
educational television stations located within 
that local market in accordance with the fol-
lowing schedule: 
‘‘(i) By December 31, 2010, in at 
least 50 percent of the markets in which 
such satellite carrier provides such sec-
ondary transmissions in high definition. 
‘‘(ii) By December 31, 2011, in every 
market in which such satellite carrier pro-
vides such secondary transmissions in high 
definition. 
‘‘(B) NEW
INITIATION
OF
SERVICE.—If, 
after the date of enactment of the Satellite 
Home Viewer Reauthorization Act of 2009, an 
eligible satellite carrier initiates the provision, 
under section 122 of title 17, United States
102 
Code, of any secondary transmissions in high 
definition to subscribers located within the local 
market of a television broadcast station of a 
primary transmission made by that station, the 
such satellite carrier shall carry the high-defini-
tion signals of all qualified noncommercial edu-
cational television stations located within that 
local market.’’. 
(b) DEFINITIONS.—Section 338(k) is amended— 
(1) by redesignating paragraphs (2) through 
(8) as paragraphs (3) through (9), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 
‘eligible satellite carrier’ means any satellite carrier 
that is not a party to a carriage contract with a
qualified noncommercial educational television sta-
tion, or its representative, that is in force and effect 
as of the date of enactment of the Satellite Home 
Viewer Reauthorization Act of 2009.’’; 
(3) by redesignating paragraphs (6) through 
(9) (as previously redesignated) as paragraphs (7) 
through (10), respectively; and 
(4) by inserting after paragraph (5) (as so re-
designated) the following new paragraph:
103 
‘‘(6) 
QUALIFIED
NONCOMMERCIAL
EDU-
CATIONAL TELEVISION STATION.—The term ‘quali-
fied noncommercial educational television station’ 
has the meaning given such term in section 
615(l)(1) of this Act.’’. 
SEC. 208. SAVINGS CLAUSE REGARDING USE OF NON-COM-
PULSORY LICENSES. 
(a) IN GENERAL.—Nothing in this title, the Commu-
nications Act of 1934, or regulations promulgated by the 
Federal Communications Commission under this title or 
the Communications Act of 1934 shall be construed to 
prevent a multichannel video programming distributor 
from retransmitting a performance or display of a work 
pursuant to an authorization granted by the copyright 
owner or, if within the scope of its authorization, its li-
censee. 
(b) LIMITATION.—Nothing in subsection (a) shall be 
construed to affect any obligation of a multichannel video 
programming distributor under section 325(b) of the 
Communications Act of 1934 to obtain the authority of 
a television broadcast station before retransmitting that 
station’s signal. 
SEC. 209. SAVINGS CLAUSE REGARDING DEFINITIONS. 
Nothing in this title or the amendments made by this 
title shall be construed to affect—