H. R. 4818—615
‘‘(ii) Within 60 days after the date a satellite car-
rier commences to carry pursuant 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 subparagraph (B)(ii)
of this paragraph shall submit to each network—
‘‘(I) a list identifying each subscriber 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 car-
rier’s knowledge and belief after having made dili-
gent and good faith inquiries, the subscriber is
qualified under the existing law to receive the
distant network signal or signals pursuant to
subparagraph (B)(ii) of this paragraph.
‘‘(G) OTHER
PROVISIONS
NOT
AFFECTED.—This para-
graph 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 section
119(a)(12) of title 17, United States Code.
‘‘(H) AVAILABLE DEFINED.—For purposes of this para-
graph, 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.’’; and
(4) in paragraph (3) (as redesignated by paragraph (2)
of this subsection), by adding at the end the following: ‘‘, except
that paragraph (2)(D) of this subsection, relating to the provi-
sion of distant digital signals, shall be enforceable under the
provisions of section 340(f)’’.
(b) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—Sec-
tion 339(c) of such Act (47 U.S.C. 339(c)) is amended by striking
paragraph (1) and inserting the following:
‘‘(1) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—
‘‘(A) STUDY REQUIRED.—Not later than 1 year after
the date of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, the Federal
Communications Commission shall complete an inquiry
regarding whether, for purposes of identifying if a house-
hold 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(d) 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 con-
sumers.
‘‘(B) STUDY CONSIDERATIONS.—In conducting the study
under this paragraph, the Commission shall consider
whether—
‘‘(i) to account 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;
H. R. 4818—616
‘‘(ii) section 73.686(d) of title 47, Code of Federal
Regulations, should be amended to create different
procedures for determining if the requisite digital
signal strength is present than for determining if the
requisite analog signal strength is present;
‘‘(iii) a standard should be used other than the
presence of a signal of a certain strength to ensure
that a household can receive a high-quality picture
using antennas of reasonable cost and ease of installa-
tion;
‘‘(iv) to develop a predictive methodology for deter-
mining whether a household is unserved by an ade-
quate digital signal under section 119(d)(10) of title
17, United States Code;
‘‘(v) there is a wide variation in the ability of
reasonably priced consumer digital television sets to
receive over-the-air signals, such that at a given signal
strength some may be able to display high-quality pic-
tures while others cannot, whether such variation is
related to the price of the television set, and whether
such variation should be factored into setting a
standard for determining whether a household is
unserved by an adequate digital signal; and
‘‘(vi) to account for factors such as building loss,
external interference sources, or undesired signals from
both digital television and analog television stations
using either the same or adjacent channels in nearby
markets, foliage, and man-made clutter.
‘‘(C) REPORT.—Not later than 1 year after the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, the Federal Communica-
tions Commission shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing—
‘‘(i) the results of the study under this paragraph;
and
‘‘(ii) recommendations, if any, as to what changes
should be made to Federal statutes or regulations.’’.
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND
STATIONS CONCERNING SIGNAL CARRIAGE.
Section 338 of the Communications Act of 1934 (47 U.S.C.
338) is further amended by inserting after subsection (g) (as added
by section 203) the following new subsection:
‘‘(h) ADDITIONAL NOTICES
TO SUBSCRIBERS, NETWORKS, AND
STATIONS CONCERNING SIGNAL CARRIAGE.—
‘‘(1) NOTICES
TO
AND
ELECTIONS
BY
SUBSCRIBERS
CON-
CERNING GRANDFATHERED SIGNALS.—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 network is available pursuant
to section 338, or within 60 days after the date of enactment
of the Satellite Home Viewer Extension and Reauthoriza-
tion Act of 2004, whichever is later, send a notice to the
subscriber—
H. R. 4818—617
‘‘(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 network signal
within such 60 days, switch such subscriber to such
local network signal 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 COMMENCEMENT 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
NOTICE.—The
notice required by such regulations shall inform each tele-
vision broadcast station licensee within any local market
in which a satellite 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 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 election 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 carrier shall transmit the
notices required by such regulation via certified mail to
the address for such television station licensee listed in
the consolidated database system maintained by the
Commission.’’.
SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.
(a) AMENDMENT.—Section 338 of the Communications Act of
1934 (47 U.S.C. 338) is further amended by inserting after sub-
section (h) (as added by section 205) the following new subsection:
‘‘(i) PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.—
‘‘(1) NOTICE.—At the time of entering into an agreement
to provide any satellite service or other service to a subscriber
H. R. 4818—618
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 respect to the subscriber
and the nature of the use of such information;
‘‘(B) the nature, frequency, and purpose of any disclo-
sure which may be made of such information, including
an identification of the types of persons to whom the disclo-
sure may be made;
‘‘(C) the period during which such information will
be maintained by the satellite carrier;
‘‘(D) the times and place at which the subscriber may
have access to such information in accordance with para-
graph (5); and
‘‘(E) the limitations provided by this section 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 thereafter.
‘‘(2) DEFINITIONS.—For purposes of this subsection, other
than paragraph (9)—
‘‘(A) the term ‘personally identifiable information’ does
not include any record of aggregate 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 service; and
‘‘(C) the term ‘satellite carrier’ includes, in addition
to persons within the definition of satellite carrier, any
person who—
‘‘(i) is owned or controlled by, or under common
ownership or control with, a satellite carrier; and
‘‘(ii) provides any wire or radio communications
service.
‘‘(3) PROHIBITIONS.—
‘‘(A) CONSENT TO COLLECTION.—Except as provided in
subparagraph (B), a satellite carrier shall not use any
facilities used by the satellite carrier to collect personally
identifiable information concerning any subscriber without
the prior written or electronic consent of the subscriber
concerned.
‘‘(B) EXCEPTIONS.—A satellite carrier may use such
facilities to collect such information in order to—
‘‘(i) obtain information necessary to render a sat-
ellite service or other service provided by the satellite
carrier to the subscriber; or
‘‘(ii) detect unauthorized reception of satellite
communications.
‘‘(4) DISCLOSURE.—
‘‘(A) CONSENT TO DISCLOSURE.—Except as provided in
subparagraph (B), a satellite carrier shall not disclose