H. R. 4818—601
(b) EXTRA DMA DEEMED LOCAL.—Section 122(j)(2) of title 17,
United States Code, is amended by adding at the end thereof
the following:
‘‘(D) CERTAIN
AREAS
OUTSIDE
OF
ANY
DESIGNATED
MARKET AREA.—Any census area, borough, or other area
in the State of Alaska that is outside of a designated
market area, as determined by Nielsen Media Research,
shall be deemed to be part of one of the local markets
in the State of Alaska. A satellite carrier may determine
which local market in the State of Alaska will be deemed
to be the relevant local market in connection with each
subscriber in such census area, borough, or other area.’’.
SEC. 112. TECHNICAL AMENDMENT.
Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as
amended by the Copyright Royalty and Distribution Reform Act
of 2004, is amended by inserting before the period at the end
the following: ‘‘, except that in the case of proceedings under section
111 that are scheduled to commence in 2005, such notice may
not be published.
TITLE II—FEDERAL COMMUNICATIONS
COMMISSION OPERATIONS
SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.
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 Communications
Act of 1934 is amended by inserting after section 339 (47 U.S.C.
339) the following new section:
‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CAR-
RIED.
‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addition to the
broadcast signals that subscribers may receive under section 338
and 339, a satellite carrier is also authorized to retransmit to
a subscriber located in a community the signal of any station
located outside the local market 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 Reauthorization Act of 2004, been deter-
mined 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 pre-
vented 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, determined by the
Commission to be significantly viewed in such community in
accordance with the same standards and procedures concerning
shares of viewing hours and audience surveys as are applicable
H. R. 4818—602
under the rules, regulations, and authorizations of the Commis-
sion to determining with respect to a cable system whether
signals are significantly viewed in a community.
‘‘(b) LIMITATIONS.—
‘‘(1) ANALOG
SERVICE
LIMITED
TO
SUBSCRIBERS
TAKING
LOCAL-INTO-LOCAL SERVICE.—With respect to a signal that origi-
nates as an analog signal of a network station, this section
shall apply only to retransmissions to subscribers of a satellite
carrier who receive retransmissions of a signal that originates
as an analog signal of a local network station from that satellite
carrier pursuant to section 338.
‘‘(2) DIGITAL SERVICE LIMITATIONS.—With respect 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 satellite carrier
pursuant to section 338 the retransmission 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 equivalent bandwidth as the dig-
ital signal retransmitted 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 paragraphs (1) and (2) shall
not prohibit a retransmission under this section to a subscriber
located in a local market in which there are no network stations
affiliated with the same television network as the station whose
signal is being retransmitted pursuant to this section.
‘‘(4) AUTHORITY
TO
GRANT
STATION-SPECIFIC
WAIVERS.—
Paragraphs (1) and (2) shall not prohibit a retransmission
of a network station to a subscriber if and to the extent that
the network station in the local market in which the subscriber
is located, and that is affiliated with the same television net-
work, has privately negotiated and affirmatively granted a
waiver from the requirements of paragraph (1) and (2) to such
satellite carrier with respect to retransmission of the signifi-
cantly 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 enactment of
the Satellite Home Viewer Extension and Reauthorization
Act of 2004—
‘‘(i) publish a list of the stations that are eligible
for retransmission under subsection (a)(1) and the
communities in which such stations are eligible for
such retransmission; and
‘‘(ii) commence a rulemaking proceeding to imple-
ment this section by publication of a notice of proposed
rulemaking;
‘‘(B) adopt rules pursuant to such rulemaking within
1 year after such date of enactment.
‘‘(2) PUBLIC AVAILABILITY OF LIST.—The Commission shall
make readily available to the public in electronic form, on
the Internet website of the Commission or other comparable