‘‘(III) the severity and duration 
of the 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 signal of 
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 
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‘‘(iii) a certification issued pursuant 
to section øX¿ of øE&C Act¿. 
‘‘(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.— 
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‘‘(A) IN GENERAL.—An entity recognized 
as a qualified carrier shall continue to provide 
local-into-local service to all DMAs. 
‘‘(B) 
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. 
‘‘(C) PLEADING
REQUIREMENT.—In any 
motion brought under subparagraph (B), 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. 
‘‘(D) BURDEN
OF
PROOF.—In any pro-
ceeding to make a determination under sub-
paragraph (B), 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-
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ice with a good quality satellite signal to 90 
percent of the households in such designated 
market area at the time and place alleged. 
‘‘(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 no greater 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— 
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‘‘(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 to exceed 
$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 
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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 90 percent of the 
households in a designated market area based 
on the most recent census data shall be consid-
ered to be providing local service to such des-
ignated market area. 
‘‘(C) GOOD
QUALITY
SATELLITE
SIGNAL 
DEFINED.—The term ‘good quality signal’ has 
the meaning given such term under section øX¿ 
of øE&C Act¿.’’. 
SEC. 7. TERMINATION OF LICENSE. 
Section 119, as amended by this Act, shall cease to 
be effective on December 31, 2014. 
Æ 
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