H. R. 4818—607
‘‘(4) NOTICE OF DISRUPTIONS.—A carrier that is providing
signals of a local television broadcast station in a local market
under this section on the date of enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004 shall,
not later than 15 months after such date of enactment, provide
to the licensees for such stations and the carrier’s subscribers
in such local market a notice that displays prominently and
conspicuously a clear statement of—
‘‘(A) any reallocation of signals between different recep-
tion antennas and associated equipment that the carrier
intends to make in order to comply with the requirements
of this subsection;
‘‘(B) the need, if any, for subscribers to obtain an
additional reception antenna and associated equipment to
receive such signals; and
‘‘(C) any cessation of carriage or other material change
in the carriage of signals as a consequence of the require-
ments of this paragraph.’’.
(b) CONFORMING AMENDMENTS: COMMISSION ENFORCEMENT OF
SECTION; LOW POWER TELEVISION STATIONS.—
(1) Section 338(a) of such Act is amended by striking para-
graphs (1) and (2) and inserting the following:
‘‘(1) IN GENERAL.—Each satellite carrier providing, under
section 122 of title 17, United States Code, secondary trans-
missions to subscribers located within the local market of a
television broadcast station of a primary transmission made
by that station shall carry upon request the signals of all
television broadcast stations located within that local market,
subject to section 325(b).
‘‘(2) REMEDIES FOR FAILURE TO CARRY.—In addition to the
remedies available to television broadcast stations under section
501(f) of title 17, United States Code, the Commission may
use the Commission’s authority under this Act to assure compli-
ance with the obligations of this subsection, but in no instance
shall a Commission enforcement proceeding be required as
a predicate to the pursuit of a remedy available under such
section 501(f).
‘‘(3) LOW
POWER
STATION
CARRIAGE
OPTIONAL.—No low
power television station whose signals are provided under sec-
tion 119(a)(14) of title 17, United States Code, shall be entitled
to insist on carriage under this section, regardless of whether
the satellite carrier provides secondary transmissions of the
primary transmissions of other stations in the same local
market pursuant to section 122 of such title, nor shall any
such carriage be considered in connection with the requirements
of subsection (c) of this section.’’.
(2) Section 338(c)(1) of such Act is amended by striking
‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’.
(3) Section 338(k) of such Act (as redesignated by subsection
(a)(1)) is amended—
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) LOW POWER TELEVISION STATION.—The term ‘low power
television station’ means a low power television station as
defined under section 74.701(f) of title 47, Code of Federal
H. R. 4818—608
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 Regulations.’’.
SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.
(a) REPLACEMENT.—Section 339(a) of the Communications Act
of 1934 (47 U.S.C. 339(a)) is amended—
(1) in paragraph (1), by adding at the end the following
new sentence: ‘‘Such two network stations may be comprised
of both the analog signal and digital signal of not more than
two network stations.’’;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIG-
NALS.—Notwithstanding any other provision of paragraph (1),
the following rules shall apply after the date of enactment
of the Satellite Home Viewer Extension and Reauthorization
Act of 2004:
‘‘(A) RULES FOR GRANDFATHERED SUBSCRIBERS TO ANA-
LOG SIGNALS.—
‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIG-
NALS.—In the case of a subscriber of a satellite carrier
who is eligible to receive the analog signal of a network
station solely by reason of section 119(e) of title 17,
United States Code (in this subparagraph referred to
as a ‘distant analog signal’), and who, as of October
1, 2004, is receiving the distant analog signal of that
network station, the following shall apply:
‘‘(I) In a case in which the satellite carrier
makes available to the subscriber the analog signal
of a local network station affiliated with the same
television network pursuant to section 338, the
carrier may only provide the secondary trans-
missions of the distant analog signal of a station
affiliated 
with 
the 
same 
network 
to 
that
subscriber—
‘‘(aa) if, within 60 days after receiving the
notice of the satellite carrier under section
338(h)(1) of this Act, the subscriber elects to
retain the distant analog signal; but
‘‘(bb) only until such time as the sub-
scriber elects to receive such local analog
signal.
‘‘(II) Notwithstanding subclause (I), the carrier
may not retransmit the distant analog signal to
any subscriber who is eligible to receive the analog
signal of a network station solely by reason of
section 119(e) of title 17, United States Code,
unless such carrier, within 60 days after the date
of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, sub-
mits to that television network the list and state-
ment required by subparagraph (F)(i).
H. R. 4818—609
‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG
SIGNALS.—In the case of any subscriber of a satellite
carrier who is eligible to receive the distant analog
signal of a network station solely by reason of section
119(e) of title 17, United States Code, and who did
not receive a distant analog signal of a station affiliated
with the same network on October 1, 2004, the carrier
may not provide the secondary transmissions of the
distant analog signal of a station affiliated with the
same network to that subscriber.
‘‘(B) RULES FOR OTHER SUBSCRIBERS TO ANALOG SIG-
NALS.—In the case of a subscriber of a satellite carrier
who is eligible to receive the analog signal of a network
station under this section (in this subparagraph referred
to as a ‘distant analog 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
analog signal of a local network station affiliated with
the same television network pursuant to section 338,
the carrier may only provide the secondary trans-
missions of the distant analog signal of a station affil-
iate 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 required by subparagraph (F)(i).
‘‘(ii) In a case in which the satellite carrier does
not make available to that subscriber, on January 1,
2005, the analog signal of a local network station
pursuant to section 338, the carrier may only provide
the secondary transmissions of the distant analog
signal of a station affiliated with the same network
to that subscriber if—
‘‘(I) that subscriber seeks to subscribe to such
distant analog signal before the date on which
such carrier commences to carry pursuant to sec-
tion 338 the analog signals 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 the
list and statement required by subparagraph
(F)(ii).
‘‘(C) FUTURE APPLICABILITY.—A satellite carrier may
not provide a distant analog signal (within the meaning
of subparagraph (A) or (B)) to a person who—
‘‘(i) is not a subscriber lawfully receiving such sec-
ondary transmission as of the date of the enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004; and
‘‘(ii) at the time such person seeks to subscribe
to receive such secondary transmission, resides in a
local market where the satellite carrier makes avail-
able to that person the analog signal of a local network
station affiliated with the same television network
pursuant to section 338, and the retransmission of
such signal by such carrier can reach such subscriber.
‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.—