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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
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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-
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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’’;
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(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
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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.’’.
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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
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(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
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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).’’.
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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.
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(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’’.
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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-
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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-
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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.
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‘‘(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
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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.
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‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT 
AFFECTED.—The eligibility of the signal of a station 
to be carried under this section does not affect any 
right of the licensee of such station to grant (or 
withhold) retransmission consent under section 
325(b)(1). 
‘‘(e) NETWORK NONDUPLICATION AND SYNDICATED 
EXCLUSIVITY.—
‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED 
BY COMMISSION REGULATIONS.—Signals eligible to 
be carried under this section are not subject to the 
Commission’s regulations concerning network non-
duplication or syndicated exclusivity unless, pursu-
ant to regulations adopted by the Commission, the 
Commission determines to permit network non-
duplication or syndicated exclusivity to apply within 
the appropriate zone of protection. 
‘‘(2) LIMITATION.—Nothing in this subsection 
or Commission regulations shall permit the applica-
tion of network nonduplication or syndicated exclu-
sivity regulations to the retransmission of distant 
signals of network stations that are carried by a sat-
ellite carrier pursuant to a statutory license under 
section 119(a)(2)(A) or (B), with respect to persons
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who 
reside 
in 
unserved 
households, 
under 
119(a)(4)(A), or under section 119(a)(12). 
‘‘(f) ENFORCEMENT.—
‘‘(1) ORDERS AND DAMAGES.—Upon complaint, 
the Commission shall issue a cease and desist order 
to any satellite carrier found to have violated this 
section in carrying any television broadcast station. 
Such order may, if a complaining station requests 
damages—
‘‘(A) provide for the award of damages to 
a complaining station that establishes that the 
violation was committed in bad faith, in an 
amount up to $50 per subscriber, per station, 
per day of the violation; and 
‘‘(B) provide for the award of damages to 
a prevailing satellite carrier if the Commission 
determines that the complaint was frivolous, in 
an amount up to $50 per subscriber alleged to 
be in violation, per station alleged, per day of 
the alleged violation. 
‘‘(2) COMMISSION DECISION.—The Commission 
shall issue a final determination resolving a com-
plaint brought under this subsection not later than 
180 days after the submission of a complaint under 
this subsection. The Commission may hear witnesses
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if it clearly appears, based on written filings by the 
parties, that there is a genuine dispute about mate-
rial facts. Except as provided in the preceding sen-
tence, the Commission may issue a final ruling 
based on written filings by the parties. 
‘‘(3) REMEDIES IN ADDITION.—The remedies 
under this subsection are in addition to any rem-
edies available under title 17, United States Code. 
‘‘(4) 
NO
EFFECT
ON
COPYRIGHT
PRO-
CEEDINGS.—Any determination, action, or failure to 
act of the Commission under this subsection shall 
have no effect on any proceeding under title 17, 
United States Code, and shall not be introduced in 
evidence in any proceeding under that title. In no in-
stance shall a Commission enforcement proceeding 
under this subsection be required as a predicate to 
the pursuit of a remedy available under title 17. 
‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED 
STATIONS.—Each satellite carrier that proposes to com-
mence the retransmission of a station pursuant to this sec-
tion in any local market shall—
‘‘(1) not less than 60 days before commencing 
such retransmission, provide a written notice to any 
television broadcast station in such local market of 
such proposal; and
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‘‘(2) designate on such carrier’s website all sig-
nificantly viewed signals carried pursuant to section 
340 and the communities in which the signals are 
carried. 
‘‘(h) ADDITIONAL CORRESPONDING CHANGES
IN 
REGULATIONS.—
‘‘(1) 
COMMUNITY-BY-COMMUNITY
ELEC-
TIONS.—The Commission shall, no later than April 
30, 2005, revise section 76.66 of its regulations (47 
CFR 76.66), concerning satellite broadcast signal 
carriage, to permit (at the next cycle of elections 
under section 325) a television broadcast station 
that is located in a local market into which a sat-
ellite carrier retransmits a television broadcast sta-
tion pursuant to section 338, to elect, with respect 
to such satellite carrier, between retransmission con-
sent pursuant to such section 325 and mandatory 
carriage pursuant to section 338 separately for each 
county within such station’s local market, if—
‘‘(A) the satellite carrier has notified the 
station, pursuant to paragraph (3), that it in-
tends to carry another affiliate of the same net-
work pursuant to this section during the rel-
evant election period in the station’s local mar-
ket; or
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‘‘(B) on the date notification under para-
graph (3) was due, the satellite carrier was re-
transmitting into the station’s local market pur-
suant to this section an affiliate of the same tel-
evision network. 
‘‘(2) UNIFIED NEGOTIATIONS.—In revising its 
regulations as required by paragraph (1), the Com-
mission shall provide that any such station shall con-
duct a unified negotiation for the entire portion of 
its local market for which retransmission consent is 
elected. 
‘‘(3) ADDITIONAL PROVISIONS.—The Commis-
sion shall, no later than April 30, 2005, revise its 
regulations to provide the following: 
‘‘(A) NOTIFICATIONS BY SATELLITE CAR-
RIER.—A satellite carrier’s retransmission of 
television broadcast stations pursuant to this 
section shall be subject to the following limita-
tions: 
‘‘(i) In any local market in which the 
satellite carrier provides service pursuant 
to section 338 on the date of enactment of 
the Satellite Home Viewer Extension and 
Reauthorization Act of 2004, the carrier 
may notify a television broadcast station in
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that market, at least 60 days prior to any 
date on which the station must thereafter 
make an election under section 76.66 of 
the Commission’s regulations (47 CFR 
76.66), of—
‘‘(I) each affiliate of the same 
television network that the carrier re-
serves the right to retransmit into 
that station’s local market pursuant 
to this section during the next election 
cycle under such section of such regu-
lations; and 
‘‘(II) for each such affiliate, the 
communities into which the satellite 
carrier reserves the right to make 
such retransmissions. 
‘‘(ii) In any local market in which the 
satellite carrier commences service pursu-
ant to section 338 after the date of enact-
ment of the Satellite Home Viewer Exten-
sion and Reauthorization Act of 2004, the 
carrier may notify a station in that mar-
ket, at least 60 days prior to the introduc-
tion of such service in that market, and 
thereafter at least 60 days prior to any
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date on which the station must thereafter 
make an election under section 76.66 of 
the Commission’s regulations (47 CFR 
76.66), of each affiliate of the same tele-
vision network that the carrier reserves the 
right to retransmit into that station’s local 
market during the next election cycle 
under such section of such regulations. 
‘‘(iii) Beginning with the 2005 elec-
tion cycle, a satellite carrier may only re-
transmit pursuant to this section during 
the pertinent election period a signal—
‘‘(I) as to which it has provided 
the notifications set forth in clauses 
(i) and (ii); or 
‘‘(II) that it was retransmitting 
into the local market under this sec-
tion as of the date such notifications 
were due. 
‘‘(B) HARMONIZATION OF ELECTIONS AND 
RETRANSMISSION CONSENT AGREEMENTS.—If a 
satellite carrier notifies a television broadcast 
station that it reserves the right to retransmit 
an affiliate of the same television network dur-
ing the next election cycle pursuant to this sec-
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tion, the station may choose between retrans-
mission consent and mandatory carriage for 
any portion of the 3-year election cycle that is 
not covered by an existing retransmission con-
sent agreement. 
‘‘(i) DEFINITIONS.—As used in this section: 
‘‘(1) LOCAL
MARKET; SATELLITE
CARRIER; 
SUBSCRIBER; TELEVISION
BROADCAST
STATION.—
The terms ‘local market’, ‘satellite carrier’, ‘sub-
scriber’, and ‘television broadcast station’ have the 
meanings given such terms in section 338(k). 
‘‘(2) NETWORK
STATION; TELEVISION
NET-
WORK.—The terms ‘network station’ and ‘television 
network’ have the meanings given such terms in sec-
tion 339(d). 
‘‘(3) 
COMMUNITY.—The 
term 
‘community’ 
means—
‘‘(A) a county or a cable community, as de-
termined under the rules, regulations, and au-
thorizations of the Commission applicable to de-
termining with respect to a cable system wheth-
er signals are significantly viewed; or 
‘‘(B) a satellite community, as determined 
under such rules, regulations, and authoriza-
tions (or revisions thereof) as the Commission
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may prescribe in implementing the require-
ments of this section. 
‘‘(4) 
BANDWIDTH.—The 
terms 
‘equivalent 
bandwidth’ and ‘entire bandwidth’ shall be defined 
by the Commission by regulation.’’. 
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE 
DISH. 
(a) AMENDMENTS.—Section 338 of the Communica-
tions Act of 1934 (47 U.S.C. 338(d)) is amended—
(1) by redesignating subsections (g) and (h) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE 
DISH.—
‘‘(1) SINGLE DISH.—Each satellite carrier that 
retransmits the analog signals of local television 
broadcast stations in a local market shall retransmit 
such analog signals in such market by means of a 
single reception antenna and associated equipment. 
‘‘(2) EXCEPTION.—If the carrier retransmits 
signals in the digital television service, the carrier 
shall retransmit such digital signals in such market 
by means of a single reception antenna and associ-
ated equipment, but such antenna and associated
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‘‘(B) the need, if any, for subscribers to 
obtain an additional reception antenna and as-
sociated equipment to receive such signals; and 
‘‘(C) any cessation of carriage or other ma-
terial change in the carriage of signals as a con-
sequence of the requirements of this para-
graph.’’. 
(b) CONFORMING AMENDMENTS: COMMISSION EN-
FORCEMENT OF SECTION; LOW POWER TELEVISION STA-
TIONS.—
(1) Section 338(a) of such Act is amended by 
striking paragraphs (1) and (2) and inserting the 
following: 
‘‘(1) IN GENERAL.—Each satellite carrier pro-
viding, under section 122 of title 17, United States 
Code, secondary transmissions to subscribers located 
within the local market of a television broadcast sta-
tion 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
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Commission’s authority under this Act to assure 
compliance 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
OP-
TIONAL.—No low power television station whose sig-
nals are provided under section 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 ‘‘sub-
section (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), re-
spectively; and
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(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 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 li-
censee under section 73.6001(a) of title 47, Code of 
Federal Regulations.’’. 
SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH 
LOCAL SIGNALS. 
Section 339(a) of the Communications Act of 1934 
(47 U.S.C. 339(a)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH 
LOCAL SIGNALS.—Notwithstanding any other provi-
sion of paragraph (1), the following rules shall apply 
after the date of enactment of the Satellite Home 
Viewer Extension and Reauthorization Act of 2004:
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‘‘(A) RULES FOR GRANDFATHERED SUB-
SCRIBERS.—
‘‘(i) FOR THOSE RECEIVING DISTANT 
SIGNALS.—In the case of a subscriber of a 
satellite carrier who is eligible to receive 
the 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 signal’), and who, as of Oc-
tober 1, 2004, is receiving the distant sig-
nal of that network station, the following 
shall apply: 
‘‘(I) In a case in which the sat-
ellite carrier makes available to the 
subscriber the signal of a local net-
work station affiliated with the same 
television network pursuant to section 
338, the carrier may only provide the 
secondary transmissions of the distant 
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 sub-
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scriber elects to retain the dis-
tant signal; but 
‘‘(bb) only until such time as 
the subscriber elects to receive 
such local signal. 
‘‘(II) Notwithstanding subclause 
(I), the carrier may not retransmit 
the distant signal to any subscriber 
who is eligible to receive the signal of 
a network station solely by reason of 
section 119(e) of title 17, United 
States Code, unless such carrier, with-
in 60 days after the date of the enact-
ment of the Satellite Home Viewer 
Extension and Reauthorization Act of 
2004, submits to that television net-
work the list and statement required 
by subparagraph (E)(i). 
‘‘(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 section 119(e) 
of title 17, United States Code, and who 
did not receive a distant signal of a station
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affiliated with the same network on Octo-
ber 1, 2004, the carrier may not provide 
the secondary transmissions of the distant 
signal of a station affiliated with the same 
network to that subscriber. 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.—
In the case of a subscriber of a satellite carrier 
who is eligible to receive the signal of a network 
station under this section (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 signal of a local 
network station affiliated with the same 
television network pursuant to section 338, 
the carrier may only provide the secondary 
transmissions of the distant signal of a 
station affiliate with the same network to 
that subscriber if the subscriber’s satellite 
carrier, not later than March 1, 2005, sub-
mits to that television network the list and 
statement 
required 
by 
subparagraph 
(E)(i).
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‘‘(ii) In a case in which the satellite 
carrier does not make available to that 
subscriber, on January 1, 2005, the signal 
of a local network station pursuant to sec-
tion 338, the carrier may only provide the 
secondary transmissions of the distant sig-
nal of a station affiliated with the same 
network to that subscriber if—
‘‘(I) that subscriber seeks to sub-
scribe to such distant signal before 
the date on which such carrier com-
mences to carry pursuant to section 
338 the 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 
(E)(ii). 
‘‘(C) FUTURE APPLICABILITY.—A satellite 
carrier may not provide a distant signal (within 
the meaning of subparagraph (A) or (B)) to a 
person who—
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‘‘(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 signal of a local network station 
affiliated with the same television network 
pursuant to section 338. 
‘‘(D) AUTHORITY TO GRANT STATION-SPE-
CIFIC WAIVERS.—This paragraph shall not pro-
hibit a retransmission of a distant signal (with-
in the meaning of subparagraph (A) or (B)) of 
any distant network station to any subscriber to 
whom the signal of a local network station af-
filiated with the same network is available pur-
suant to section 338, if and to the extent that 
such local network station has affirmatively 
granted a waiver from the requirements of this 
paragraph to such satellite carrier with respect 
to retransmission of such distant network sta-
tion to such subscriber.
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‘‘(E) NOTICES TO NETWORKS OF DISTANT 
SIGNAL SUBSCRIBERS.—
‘‘(i) Within 60 days after the date of 
enactment of the Satellite Home Viewer 
Extension and Reauthorization Act of 
2004, each satellite carrier that provides a 
distant signal of a network station to a 
subscriber pursuant to subparagraph (A) 
or (B)(i) of this paragraph shall submit to 
each network—
‘‘(I) a list, aggregated by des-
ignated market area, identifying each 
subscriber 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
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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
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signals pursuant to subparagraph 
(B)(ii) of this paragraph. 
‘‘(F) 
OTHER
PROVISIONS
NOT
AF-
FECTED.—This paragraph shall not affect the 
eligibility of a subscriber to receive secondary 
transmissions under section 340 of this Act or 
as an unserved household included under sec-
tion 119(a)(12) of title 17, United States Code. 
‘‘(G) AVAILABLE DEFINED.—For purposes 
of this paragraph, a satellite carrier makes 
available a local signal to a subscriber or person 
if the satellite carrier offers that local signal to 
other subscribers who reside in the same zip 
code as that subscriber or person.’’. 
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NET-
WORKS, AND STATIONS CONCERNING SIGNAL 
CARRIAGE. 
Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is further amended by inserting after sub-
section (g) (as added by section 203) the following new 
subsection: 
‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NET-
WORKS, 
AND
STATIONS
CONCERNING
SIGNAL
CAR-
RIAGE.—
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‘‘(1) NOTICES
TO
AND
ELECTIONS
BY
SUB-
SCRIBERS
CONCERNING
GRANDFATHERED
SIG-
NALS.—Any carrier that provides a distant signal of 
a network station to a subscriber pursuant section 
339(a)(2)(A) shall—
‘‘(A) within 60 days after the local signal 
of a network station of the same television net-
work is available pursuant to section 338, or 
within 60 days after the date of enactment of 
the Satellite Home Viewer Extension and Reau-
thorization Act of 2004, whichever is later, send 
a notice to the subscriber—
‘‘(i) offering to substitute the local 
network signal for the duplicating distant 
network signal; and 
‘‘(ii) informing the subscriber that, if 
the subscriber fails to respond in 60 days, 
the subscriber will lose the distant network 
signal but will be permitted to subscribe to 
the local network signal; and 
‘‘(B) if the subscriber—
‘‘(i) elects to substitute such local net-
work signal within such 60 days, switch 
such subscriber to such local network sig-
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nal within 10 days after the end of such 
60-day period; or 
‘‘(ii) fails to respond within such 60 
days, terminate the distant network signal 
within 10 days after the end of such 60-
day period. 
‘‘(2) NOTICE TO STATION LICENSEES OF COM-
MENCEMENT OF LOCAL-INTO-LOCAL SERVICE.—
‘‘(A) NOTICE
REQUIRED.—Within 180 
days after the date of enactment of the Satellite 
Home Viewer Extension and Reauthorization 
Act of 2004, the Commission shall revise the 
regulations under this section relating to notice 
to broadcast station licensees to comply with 
the requirements of this paragraph. 
‘‘(B) CONTENTS OF COMMENCEMENT NO-
TICE.—The notice required by such regulations 
shall inform each television broadcast station li-
censee within any local market in which a sat-
ellite carrier proposes to commence carriage of 
signals of stations from that market, not later 
than 60 days prior to the commencement of 
such carriage—
‘‘(i) of the carrier’s intention to 
launch local-into-local service under this
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section in a local market, the identity of 
that local market, and the location of the 
carrier’s proposed local receive facility for 
that local market; 
‘‘(ii) of the right of such licensee to 
elect carriage under this section or grant 
retransmission 
consent 
under 
section 
325(b); 
‘‘(iii) that such licensee has 30 days 
from the date of the receipt of such notice 
to make such election; and 
‘‘(iv) that failure to make such elec-
tion will result in the loss of the right to 
demand carriage under this section for the 
remainder of the 3-year cycle of carriage 
under section 325. 
‘‘(C) TRANSMISSION
OF
NOTICES.—Such 
regulations shall require that each satellite car-
rier shall transmit the notices required by such 
regulation via certified mail to the address for 
such television station licensee listed in the con-
solidated database system maintained by the 
Commission.’’.
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SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS. 
(a) AMENDMENT.—Section 338 of the Communica-
tions Act of 1934 (47 U.S.C. 338) is further amended by 
inserting after subsection (h) (as added by section 205) 
the following new subsection: 
‘‘(i) 
PRIVACY
RIGHTS
OF
SATELLITE
SUB-
SCRIBERS.—
‘‘(1) NOTICE.—At the time of entering into an 
agreement to provide any satellite service or other 
service to a subscriber and at least once a year 
thereafter, a satellite carrier shall provide notice in 
the form of a separate, written statement to such 
subscriber which clearly and conspicuously informs 
the subscriber of—
‘‘(A) the nature of personally identifiable 
information collected or to be collected with re-
spect to the subscriber and the nature of the 
use of such information; 
‘‘(B) the nature, frequency, and purpose of 
any disclosure which may be made of such in-
formation, including an identification of the 
types of persons to whom the disclosure may be 
made; 
‘‘(C) the period during which such infor-
mation will be maintained by the satellite car-
rier;
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‘‘(D) the times and place at which the sub-
scriber may have access to such information in 
accordance with paragraph (5); and 
‘‘(E) the limitations provided by this sec-
tion with respect to the collection and disclosure 
of information by a satellite carrier and the 
right of the subscriber under paragraphs (7) 
and (9) to enforce such limitations. 
In the case of subscribers who have entered into 
such an agreement before the effective date of this 
subsection, such notice shall be provided within 180 
days of such date and at least once a year there-
after. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section, other than paragraph (9)—
‘‘(A) the term ‘personally identifiable infor-
mation’ does not include any record of aggre-
gate data which does not identify particular 
persons; 
‘‘(B) the term ‘other service’ includes any 
wire or radio communications service provided 
using any of the facilities of a satellite carrier 
that are used in the provision of satellite serv-
ice; and