<DOC>
[DOCID: f:publ447.108]
[[Page 118 STAT. 2809]]
Public Law 108-447
108th Congress
An Act
.
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2005, and for
other purposes. <<NOTE: Dec. 8, 2004 - [H.R. 4818]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2005>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2005''.
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[Ed. note: Text omitted. For full text, see
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ447.108]
TITLE IX--SATELLITE <<NOTE: Satellite Home Viewer Extension and
Reauthorization Act of 2004.>> HOME VIEWER EXTENSION AND REAUTHORIZATION
ACT OF 2004
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This <<NOTE: 17 USC 101 note.>> title may be
cited as the ``Satellite Home Viewer Extension and Reauthorization Act
of 2004'' or the ``W. J. (Billy) Tauzin Satellite Television Act of
2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS
Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other
signals; technical amendments.
Sec. 103. Statutory license for satellite carriers outside local
markets.
Sec. 104. Statutory license for satellite retransmission of low power
television stations.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting
superstation signals to commercial establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide
satellite secondary transmissions to local markets.
Sec. 109. Study.
Sec. 110. Additional study.
Sec. 111. Special rules.
Sec. 112. Technical amendment.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS
Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations
concerning signal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Study of impact on cable television service.
Sec. 209. Reduction of required tests.
Sec. 210. Satellite carriage of television stations in noncontiguous
States.
Sec. 211. Carriage of television signals to certain subscribers.
Sec. 212. Digital transition savings provision.
Sec. 213. Authorizing broadcast service in unserved areas of Alaska.
[[Page 118 STAT. 3394]]
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS
SEC. 101. EXTENSION OF AUTHORITY.
(a) In General.--Section 4(a) of the Satellite Home Viewer Act of
1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is amended
by striking ``December 31, 2004'' and inserting ``December 31, 2009''.
(b) Extension for Certain Subscribers.--Section 119(e) of title 17,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2009''.
SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER
SIGNALS; TECHNICAL AMENDMENTS.
Section 119(a) of title 17, United States Code, is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``and pbs
satellite feed'';
(B) in the first sentence, by striking ``(3), (4),
and (6)'' and inserting ``(5), (6), and (8)'';
(C) in the first sentence, by striking ``or by the
Public Broadcasting Service satellite feed''; and
(D) by striking the second sentence;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``(3), (4),
(5), and (6)'' and inserting ``(5), (6), (7), and (8)'';
and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Exceptions.--
``(i) States <<NOTE: Applicability.>> with
single full-power network station.--In a State in
which there is licensed by the Federal
Communications Commission a single full-power
station that was a network station on January 1,
1995, the statutory license provided for in
subparagraph (A) shall apply to the secondary
transmission by a satellite carrier of the primary
transmission of that station to any subscriber in
a community that is located within that State and
that is not within the first 50 television markets
as listed in the regulations of the Commission as
in effect on such date (47 CFR 76.51).
``(ii) States <<NOTE: Applicability.>> with
all network stations and superstations in same
local market.--In a State in which all network
stations and superstations licensed by the Federal
Communications Commission within that State as of
January 1, 1995, are assigned to the same local
market and that local market does not encompass
all counties of that State, the statutory license
provided under subparagraph (A) shall apply to the
secondary transmission by a satellite carrier of
the primary transmissions of such station to all
subscribers in the State who reside in a local
market that is within the first 50 major
television markets as listed in the regulations of
the Commission as in effect on such date (section
76.51 of title 47 of the Code of Federal
Regulations).
[[Page 118 STAT. 3395]]
``(iii) Additional stations.--In the case of
that State in which are located 4 counties that--
``(I) on January 1, 2004, were in
local markets principally comprised of
counties in another State, and
``(II) had a combined total of
41,340 television households, according
to the U.S. Television Household
Estimates by Nielsen Media Research for
2004,
the statutory license provided under subparagraph
(A) shall apply to secondary transmissions by a
satellite carrier to subscribers in any such
county of the primary transmissions of any network
station located in that State, if the satellite
carrier was making such secondary transmissions to
any subscribers in that county on January 1, 2004.
``(iv)
Certain <<NOTE: Applicability.>> additional
stations.--If 2 adjacent counties in a single
State are in a local market comprised principally
of counties located in another State, the
statutory license provided for in subparagraph (A)
shall apply to the secondary transmission by a
satellite carrier to subscribers in those 2
counties of the primary transmissions of any
network station located in the capital of the
State in which such 2 counties are located, if--
``(I) the 2 counties are located in
a local market that is in the top 100
markets for the year 2003 according to
Nielsen Media Research; and
``(II) the total number of
television households in the 2 counties
combined did not exceed 10,000 for the
year 2003 according to Nielsen Media
Research.
``(v) Applicability of royalty rates.--The
royalty rates under subsection (b)(1)(B) apply to
the secondary transmissions to which the statutory
license under subparagraph (A) applies under
clauses (i), (ii), (iii), and (iv).
``(D) Submission of subscriber lists to networks.--
``(i) Initial lists.--
A <<NOTE: Deadline.>> satellite carrier that makes
secondary transmissions of a primary transmission
made by a network station pursuant to subparagraph
(A) shall, 90 days after commencing such secondary
transmissions, submit to the network that owns or
is affiliated with the network station--
``(I) a list identifying (by name
and address, including street or rural
route number, city, State, and zip code)
all subscribers to which the satellite
carrier makes secondary transmissions of
that primary transmission to subscribers
in unserved households; and
``(II) a separate list, aggregated
by designated market area (as defined in
section 122(j)) (by name and address,
including street or rural route number,
city, State, and zip code), which shall
indicate those subscribers being served
pursuant to paragraph (3), relating to
significantly viewed stations.
[[Page 118 STAT. 3396]]
``(ii) Monthly lists.--After the submission of
the initial lists under clause (i), on the 15th of
each month, the satellite carrier shall submit to
the network--
``(I) a list identifying (by name
and address, including street or rural
route number, city, State, and zip code)
any persons who have been added or
dropped as subscribers under clause
(i)(I) since the last submission under
clause (i); and
``(II) a separate list, aggregated
by designated market area (by name and
street address, including street or
rural route number, city, State, and zip
code), identifying those subscribers
whose service pursuant to paragraph (3),
relating to significantly viewed
stations, has been added or dropped.
``(iii) Use of subscriber information.--
Subscriber information submitted by a satellite
carrier under this subparagraph may be used only
for purposes of monitoring compliance by the
satellite carrier with this subsection.
``(iv) Applicability.--The submission
requirements of this subparagraph shall apply to a
satellite carrier only if the network to which the
submissions are to be made places on file with the
Register of Copyrights a document identifying the
name and address of the person to whom such
submissions are to be made. <<NOTE: Public
information. Records.>> The Register shall
maintain for public inspection a file of all such
documents.'';
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
``(3) Secondary transmissions of significantly viewed
signals.--
``(A) In general.--
Notwithstanding <<NOTE: Applicability.>> the provisions
of paragraph (2)(B), and subject to subparagraph (B) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the primary transmission of a network
station or a superstation to a subscriber who resides
outside the station's local market (as defined in
section 122(j)) but within a community in which the
signal has been determined by the Federal Communications
Commission, to be significantly viewed in such
community, pursuant to the rules, regulations, and
authorizations of the Federal Communications Commission
in effect on April 15, 1976, applicable to determining
with respect to a cable system whether signals are
significantly viewed in a community.
``(B) Limitation.--Subparagraph
(A) <<NOTE: Applicability.>> shall apply only to
secondary transmissions of the primary transmissions of
network stations and superstations to subscribers who
receive secondary transmissions from a satellite carrier
pursuant to the statutory license under section 122.
``(C) Waiver.--
[[Page 118 STAT. 3397]]
``(i) In general.--
A <<NOTE: Deadlines.>> subscriber who is denied
the secondary transmission of the primary
transmission of a network station under
subparagraph (B) may request a waiver from such
denial by submitting a request, through the
subscriber's satellite carrier, to the network
station in the local market affiliated with the
same network where the subscriber is located. The
network station shall accept or reject the
subscriber's request for a waiver within 30 days
after receipt of the request. If the network
station fails to accept or reject the subscriber's
request for a waiver within that 30-day period,
that network station shall be deemed to agree to
the waiver request. Unless specifically stated by
the network station, a waiver that was granted
before the date of the enactment of the Satellite
Home Viewer Extension and Reauthorization Act of
2004 under section 339(c)(2) of the Communications
Act of 1934 shall not constitute a waiver for
purposes of this subparagraph.
``(ii) Sunset.--The authority under clause (i)
to grant waivers shall terminate on December 31,
2008, and any such waiver in effect shall
terminate on that date.'';
(7) in paragraph (2)(B)(i), by adding at the end the
following new sentence: ``The limitation in this clause shall
not apply to secondary transmissions under paragraph (3).''.
SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL
MARKETS.
Section 119 of title 17, United States Code, is amended as follows:
(1) Subsection (a) is amended by inserting after paragraph
(3), as added by section 102 of this Act, the following:
``(4) Statutory license where retransmissions into local
market available.--
``(A) Rules for subscribers to analog signals under
subsection (e).--
``(i) For those receiving distant analog
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive the
secondary transmission of the primary analog
transmission of a network station solely by reason
of subsection (e) (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) <<NOTE: Applicability.>> In a
case in which the satellite carrier
makes available to the subscriber the
secondary transmission of the primary
analog transmission of a local network
station affiliated with the same
television network pursuant to the
statutory license under section 122, the
statutory license under paragraph (2)
shall apply only to secondary
transmissions by that satellite carrier
to that subscriber of the distant analog
signal of a station affiliated with the
same television network--
[[Page 118 STAT. 3398]]
``(aa) <<NOTE: Deadline.>> if,
within 60 days after receiving
the notice of the satellite
carrier under section 338(h)(1)
of the Communications Act of
1934, the subscriber elects to
retain the distant analog
signal; but
``(bb) only until such time
as the subscriber elects to
receive such local analog
signal.
``(II) <<NOTE: Deadline.>> Notwithstandin
g subclause (I), the statutory license
under paragraph (2) shall not apply with
respect to any subscriber who is
eligible to receive the distant analog
signal of a television network station
solely by reason of subsection (e),
unless the satellite carrier, within 60
days after the date of the enactment of
the Satellite Home Viewer Extension and
Reauthorization Act of 2004, submits to
that television network a list,
aggregated by designated market area (as
defined in section 122(j)(2)(C)), that--
``(aa) identifies that
subscriber by name and address
(street or rural route number,
city, State, and zip code) and
specifies the distant analog
signals received by the
subscriber; and
``(bb) states, to the best
of the satellite carrier's
knowledge and belief, after
having made diligent and good
faith inquiries, that the
subscriber is eligible under
subsection (e) to receive the
distant analog signals.
``(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 subsection (e) and who did not
receive a distant analog signal of a station
affiliated with the same network on October 1,
2004, the statutory license under paragraph (2)
shall not apply to secondary transmissions by that
satellite carrier to that subscriber of the
distant analog signal of a station affiliated with
the same network.
``(B) Rules for <<NOTE: Applicability.>> other
subscribers.--In the case of a subscriber of a satellite
carrier who is eligible to receive the secondary
transmission of the primary analog transmission of a
network station under the statutory license under
paragraph (2) (in this subparagraph referred to as a
`distant analog signal'), other than subscribers to whom
subparagraph (A) applies, the following shall apply:
``(i) <<NOTE: Deadline.>> In a case in which
the satellite carrier makes available to that
subscriber, on January 1, 2005, the secondary
transmission of the primary analog transmission of
a local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory license
under paragraph (2) shall apply only to secondary
transmissions by that satellite carrier to that
subscriber of the distant analog signal of a
station affiliated with the same television
network if the subscriber's satellite
[[Page 118 STAT. 3399]]
carrier, not later than March 1, 2005, submits to
that television network a list, aggregated by
designated market area (as defined in section
122(j)(2)(C)), that identifies that subscriber by
name and address (street or rural route number,
city, State, and zip code) and specifies the
distant analog signals received by the subscriber.
``(ii) In a case in which the satellite
carrier does not make available to that
subscriber, on January 1, 2005, the secondary
transmission of the primary analog transmission of
a local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory license
under paragraph (2) shall apply only to secondary
transmissions by that satellite carrier 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 provide pursuant to the
statutory license under section 122 the
secondary transmissions of the primary
analog transmission of stations from the
local market of such local network
station; and
``(II) <<NOTE: Deadline.>> the
satellite carrier, within 60 days after
such date, submits to each television
network a list that identifies each
subscriber in that local market provided
such an analog signal by name and
address (street or rural route number,
city, State, and zip code) and specifies
the distant analog signals received by
the subscriber.
``(C) Future applicability.--The statutory license
under paragraph (2) shall not apply to the secondary
transmission by a satellite carrier of a primary analog
transmission of a network station to a person who--
``(i) is not a subscriber lawfully receiving
such secondary transmission as of the date of the
enactment of the Satellite Home Viewer Extension
and Reauthorization 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 available to that person the
secondary transmission of the primary analog
transmission of a local network station affiliated
with the same television network pursuant to the
statutory license under section 122, and such
secondary transmission of such primary
transmission can reach such person.
``(D) Special <<NOTE: Applicability.>> rules for
distant digital signals.--The statutory license under
paragraph (2) shall apply to secondary transmissions by
a satellite carrier to a subscriber of primary digital
transmissions of network stations if such secondary
transmissions to such subscriber are permitted under
section 339(a)(2)(D) of the Communications Act of 1934,
as in effect on the day after the date of the enactment
of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, except that the reference
[[Page 118 STAT. 3400]]
to section 73.683(a) of title 47, Code of Federal
Regulations, referred to in section 339(a)(2)(D)(i)(I)
shall refer to such section as in effect on the date of
the enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004.
``(E) Other provisions not affected.--This paragraph
shall not affect the applicability of the statutory
license to secondary transmissions under paragraph (3)
or to unserved households included under paragraph (12).
``(F) Waiver.--A subscriber who is denied the
secondary transmission of a network station under
subparagraph (C) or (D) may request a waiver from such
denial by submitting a request, through the subscriber's
satellite carrier, to the network station in the local
market affiliated with the same network where the
subscriber is located. The
network <<NOTE: Deadline.>> station shall accept or
reject the subscriber's request for a waiver within 30
days after receipt of the request. If the network
station fails to accept or reject the subscriber's
request for a waiver within that 30-day period, that
network station shall be deemed to agree to the waiver
request. Unless specifically stated by the network
station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section 339(c)(2) of
the Communications Act of 1934 shall not constitute a
waiver for purposes of this subparagraph.
``(G) Available defined.--For purposes of this
paragraph, a satellite carrier makes available a
secondary transmission of the primary transmission of a
local station to a subscriber or person if the satellite
carrier offers that secondary transmission to other
subscribers who reside in the same zip code as that
subscriber or person.''.
(2) Subsection (a) is amended by adding at the end the
following:
``(14) Waivers.--A subscriber who is denied the secondary
transmission of a signal of a network station under subsection
(a)(2)(B) may request a waiver from such denial by submitting a
request, through the subscriber's satellite carrier, to the
network station asserting that the secondary transmission is
prohibited. <<NOTE: Deadline.>> The network station shall accept
or reject a subscriber's request for a waiver within 30 days
after receipt of the request. If a television network station
fails to accept or reject a subscriber's request for a waiver
within the 30-day period after receipt of the request, that
station shall be deemed to agree to the waiver request and have
filed such written waiver. Unless specifically stated by the
network station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section 339(c)(2) of the
Communications Act of 1934, and that was in effect on such date
of enactment, shall constitute a waiver for purposes of this
paragraph.''.
(3) Subsection (b)(1) is amended by striking subparagraph
(B) and inserting the following:
``(B) a royalty fee for that 6-month period,
computed by multiplying the total number of subscribers
receiving
[[Page 118 STAT. 3401]]
each secondary transmission of each superstation or
network station during each calendar month by the
appropriate rate in effect under this section.''.
(4) Subsection (b)(1) is further amended by adding at the
end the following flush sentence: ``Notwithstanding the
provisions of subparagraph (B), a satellite carrier whose
secondary transmissions are subject to statutory licensing under
paragraph (1) or (2) of subsection (a) shall have no royalty
obligation for secondary transmissions to a subscriber under
paragraph (3) of such subsection.''.
(5) Subsection (c) is amended to read as follows:
``(c) Adjustment of Royalty Fees.--
``(1) Applicability and determination of royalty fees for
analog signals.--
``(A) Initial fee.--The appropriate fee for purposes
of determining the royalty fee under subsection
(b)(1)(B) for the secondary transmission of the primary
analog transmissions of network stations and
superstations shall be the appropriate fee set forth in
part 258 of title 37, Code of Federal Regulations, as in
effect on July 1, 2004, as modified under this
paragraph.
``(B) Fee set <<NOTE: Deadline. Federal
Register, publication.>> by voluntary negotiation.--On
or before January 2, 2005, the Librarian of Congress
shall cause to be published in the Federal Register of
the initiation of voluntary negotiation proceedings for
the purpose of determining the royalty fee to be paid by
satellite carriers for the secondary transmission of the
primary analog transmission of network stations and
superstations under subsection (b)(1)(B).
``(C) Negotiations.--Satellite carriers,
distributors, and copyright owners entitled to royalty
fees under this section shall negotiate in good faith in
an effort to reach a voluntary agreement or agreements
for the payment of royalty fees. Any such satellite
carriers, distributors and copyright owners may at any
time negotiate and agree to the royalty fee, and may
designate common agents to negotiate, agree to, or pay
such fees. If the parties fail to identify common
agents, the Librarian of Congress shall do so, after
requesting recommendations from the parties to the
negotiation proceeding. The parties to each negotiation
proceeding shall bear the cost thereof.
``(D) Agreements binding on parties; filing of
agreements; public notice.--(i) Voluntary agreements
negotiated at any time in accordance with this paragraph
shall be binding upon all satellite carriers,
distributors, and copyright owners that
a <<NOTE: Regulations. Deadline.>> parties thereto.
Copies of such agreements shall be filed with the
Copyright Office within 30 days after execution in
accordance with regulations that the Register of
Copyrights shall prescribe.
``(ii)(I) <<NOTE: Federal
Register, publication. Deadline.>> Within 10 days after
publication in the Federal Register of a notice of the
initiation of voluntary negotiation proceedings, parties
who have reached a voluntary agreement may request that
the royalty fees in that agreement be applied to all
satellite carriers, distributors, and copyright owners
without convening an arbitration proceeding pursuant to
subparagraph (E).
[[Page 118 STAT. 3402]]
``(II) Upon receiving a request under subclause (I),
the Librarian of Congress shall immediately provide
public notice of the royalty fees from the voluntary
agreement and afford parties an opportunity to state
that they object to those fees.
``(III) The Librarian shall adopt the royalty fees
from the voluntary agreement for all satellite carriers,
distributors, and copyright owners without convening an
arbitration proceeding unless a party with an intent to
participate in the arbitration proceeding and a
significant interest in the outcome of that proceeding
objects under subclause (II).
``(E) Period agreement is in effect.--The obligation
to pay the royalty fees established under a voluntary
agreement which has been filed with the Copyright Office
in accordance with this paragraph shall become effective
on the date specified in the agreement, and shall remain
in effect until December 31, 2009, or in accordance with
the terms of the agreement, whichever is later.
``(F) Fee set by compulsory arbitration.--
``(i) Notice of <<NOTE: Federal
Register, publication. Deadline.>> initiation of
proceedings.--On or before May 1, 2005, the
Librarian of Congress shall cause notice to be
published in the Federal Register of the
initiation of arbitration proceedings for the
purpose of determining the royalty fee to be paid
for the secondary transmission of primary analog
transmission of network stations and superstations
under subsection (b)(1)(B) by satellite carriers
and distributors
``(I) in the absence of a voluntary
agreement filed in accordance with
subparagraph (D) that establishes
royalty fees to be paid by all satellite
carriers and distributors; or
``(II) if an objection to the fees
from a voluntary agreement submitted for
adoption by the Librarian of Congress to
apply to all satellite carriers,
distributors, and copyright owners is
received under subparagraph (D) from a
party with an intent to participate in
the arbitration proceeding and a
significant interest in the outcome of
that proceeding.
Such arbitrary proceeding shall be conducted under
chapter 8 as in effect on the day before the date
of the enactment of the Copyright Royalty and
Distribution Act of 2004.
``(ii) Establishment of royalty fees.--In
determining royalty fees under this subparagraph,
the copyright arbitration royalty panel appointed
under chapter 8, as in effect on the day before
the date of the enactment of the Copyright Royalty
and Distribution Act of 2004 shall establish fees
for the secondary transmissions of the primary
analog transmission of network stations and
superstations that most clearly represent the fair
market value of secondary transmissions, except
that the Librarian of Congress and any copyright
arbitration royalty panel shall adjust those fees
to account for the obligations of the parties
under
[[Page 118 STAT. 3403]]
any applicable voluntary agreement filed with the
Copyright Office pursuant to subparagraph (D). In
determining the fair market value, the panel shall
base its decision on economic, competitive, and
programming information presented by the parties,
including--
``(I) the competitive environment in
which such programming is distributed,
the cost of similar signals in similar
private and compulsory license
marketplaces, and any special features
and conditions of the retransmission
marketplace;
``(II) the economic impact of such
fees on copyright owners and satellite
carriers; and
``(III) the impact on the continued
availability of secondary transmissions
to the public.
``(iii) Period during which decision of
arbitration panel or order of librarian
effective.--The obligation to pay the royalty fee
established under a determination which--
``(I) is made by a copyright
arbitration royalty panel in an
arbitration proceeding under this
paragraph and is adopted by the
Librarian of Congress under section
802(f), as in effect on the day before
the date of the enactment of the
Copyright Royalty and Distribution Act
of 2004; or
``(II) is established by the
Librarian under section 802(f) as in
effect on the day before such date of
enactment shall be effective as of
January 1, 2005.
``(iv) Persons subject to royalty fee.--The
royalty fee referred to in (iii) shall be binding
on all satellite carriers, distributors and
copyright owners, who are not party to a voluntary
agreement filed with the Copyright Office under
subparagraph (D).
``(2) Applicability and determination of royalty fees for
digital signals.--The process and requirements for establishing
the royalty fee payable under subsection (b)(1)(B) for the
secondary transmission of the primary digital transmissions of
network stations and superstations shall be the same as that set
forth in paragraph (1) for the secondary transmission of the
primary analog transmission of network stations and
superstations, except that--
``(A) the initial fee under paragraph (1)(A) shall
be the rates set forth in section 298.3(b)(1) and (2) of
title 37, Code of Federal Regulations, as in effect on
the date of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, reduced by
22.5 percent;
``(B) <<NOTE: Notice. Deadline.>> the notice of
initiation of arbitration proceedings required in
paragraph (1)(F)(i) shall be published on or before
December 31, 2005; and
``(C) the royalty fees that are established for the
secondary transmission of the primary digital
transmission of network stations and superstations in
accordance with to the procedures set forth in paragraph
(1)(F)(iii) and are payable under subsection (b)(1)(B)--
``(i) shall be reduced by 22.5 percent; and
[[Page 118 STAT. 3404]]
``(ii) shall be adjusted by the Librarian of
Congress on January 1, 2007, and on January 1 of
each year thereafter, to reflect any changes
occurring during the preceding 12 months in the
cost of living as determined by the most recent
Consumer Price Index (for all consumers and items)
published by the Secretary of Labor.''.
(6) Subsection (a)(7), as redesignated by section 102(5) of
this Act, is amended--
(A) in subparagraph (A), by striking ``who does not
reside in an unserved household'' and inserting ``who is
not eligible to receive the transmission under this
section'';
(B) in subparagraph (B), by striking ``who do not
reside in unserved households'' and inserting ``who are
not eligible to receive the transmission under this
section''; and
(C) in subparagraph (D), by striking ``is for
private home viewing to an unserved household'' and
inserting ``is to a subscriber who is eligible to
receive the secondary transmission under this section''.
SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER
TELEVISION STATIONS.
(a) In General.--Section 119(a) of title 17, United States Code (as
amended by sections 102 and 103 of this Act), is further amended by
adding at the end the following:
``(15) Carriage of low power television stations.--
``(A) In general.--
Notwithstanding <<NOTE: Applicability.>> paragraph
(2)(B), and subject to subparagraphs (B) through (F) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the primary transmission of a network
station or a superstation that is licensed as a low
power television station, to a subscriber who resides
within the same local market.
``(B) Geographic limitation.--
``(i) Network stations.--With respect to
network stations, secondary transmissions provided
for in subparagraph (A) shall be limited to
secondary transmissions to subscribers who--
``(I) reside in the same local
market as the station originating the
signal; and
``(II) reside 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
number of miles shall be 20.
``(ii) Superstations.--With respect to
superstations, secondary transmissions provided
for in subparagraph (A) shall be limited to
secondary transmissions to subscribers who reside
in the same local market as the station
originating the signal.
[[Page 118 STAT. 3405]]
``(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 another 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 transmissions 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 number of miles shall be 20.
Carriage of a superstation 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 preceding sentence, shall be subject to royalty
payments under subsection (b)(1)(B).
``(E) Limitation to subscribers taking local-into-
local service.--Secondary transmissions provided for in
subparagraph (A) may be made only to subscribers who
receive secondary transmissions of primary transmissions
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 Reauthorization
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 television
broadcast station'' and inserting ``a television station
licensed by the Federal Communications Commission'';
(2) by amending paragraph (9) to read as follows:
``(9) Superstation.--The term `superstation' means a
television station, other than a network station, licensed by
the Federal Communications Commission, 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 Reauthorization
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 market' has the
meaning given such term under section 122(j), except that with
respect to a low power television station, the term `local
[[Page 118 STAT. 3406]]
market' means the designated market area in which the station is
located.
``(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 Regulations.
``(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, supermarket, automobile or boat
dealership, or any other establishment with a common
business area; and
``(B) does not include a multi-unit permanent or
temporary dwelling where private home viewing occurs,
such as a hotel, dormitory, hospital, apartment,
condominium, or prison.''.
SEC. 106. <<NOTE: 17 USC 119 note.>> 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 commercial
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
(5) in subsection (d)(8)--
(A) by striking ``who'' and inserting ``or entity
that'';
(B) by striking ``for private home viewing''; 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''.
[[Page 118 STAT. 3407]]
SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE
SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended by adding at
the end the following:
``(f) Expedited Consideration by Justice Department of Voluntary
Agreements to Provide Satellite Secondary Transmissions to Local
Markets.--
``(1) In general.--In a <<NOTE: Deadline.>> case in which no
satellite 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 primary transmission of one
or more television broadcast stations licensed by the Federal
Communications Commission, and two or more satellite carriers
request a business review letter in accordance with section 50.6
of title 28, Code of Federal Regulations (as in effect on July
7, 2004), in order to assess 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 Department 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 subsection, 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 Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of
competition; and
``(B) includes any State law similar to the laws
referred to in paragraph (1).''.
SEC. 109. <<NOTE: Deadline. Reports.>> STUDY.
No later than June 30, 2008, the Register of Copyrights 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
recommendations on the operation and revision of the statutory 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 licensees 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
programming.
(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 industries, and an analysis of whether
the cable or satellite industry is placed in a competitive
disadvantage 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.
(4) An analysis of the correlation, if any, between the
royalties, or lack thereof, under such sections and the fees
[[Page 118 STAT. 3408]]
charged to cable and satellite subscribers, addressing whether
cable and satellite companies have passed to subscribers any
savings realized 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 primary transmissions of network stations
and superstations 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 royalties of cable systems and
satellite carriers.
SEC. 110. <<NOTE: Deadline. Reports.>> ADDITIONAL STUDY.
No later than December 31, 2005, the Register of Copyrights 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 recommendations on the following:
(1) The extent to which the unserved household limitation
for network stations contained in section 119 of title 17,
United States Code, has operated efficiently and effectively and
has forwarded the goal of title 17, United States Code, to
protect copyright owners of over-the-air television programming,
including what amendments, if any, are necessary to effectively
identify the application of the limitation to individual
households to receive secondary transmissions of primary digital
transmissions of network stations.
(2) The extent to which secondary transmissions of primary
transmissions of network stations and superstations under
section 119 of title 17, United States Code, harm copyright
owners of broadcast programming throughout the United States and
the effect, if any, of the statutory license under section 122
of title 17, United States Code, in reducing such harm.
SEC. 111. SPECIAL RULES.
(a) Restrictions on Transmission of Distant Television Stations in
Areas of Alaska Where Local-Into-Local Service Is Available.--Section
119(a) of title 17, United States Code, is amended by adding at the end
thereof the following:
``(16) Restricted transmission of out-of-state distant
network signals into certain markets.--
``(A) Out-of-state network affiliates.--
Notwithstanding any other provision of this title, the
statutory license in this subsection and subsection (b)
shall not apply to any secondary transmission of the
primary transmission of a network station located
outside of the State of Alaska to any subscriber in that
State to whom the secondary transmission of the primary
transmission of a television station located in that
State is made available by the satellite carrier
pursuant to section 122.
``(B) Exception.--The limitation in subparagraph (A)
shall not apply to the secondary transmission of the
primary transmission of a digital signal of a network
station located outside of the State of Alaska if at the
time that the secondary transmission is made, no
television station licensed to a community in the State
and affiliated with the same network makes primary
transmissions of a digital signal.''.
[[Page 118 STAT. 3409]]
(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. <<NOTE: 47 USC 340.>> SIGNIFICANTLY VIEWED SIGNALS PERMITTED
TO BE CARRIED.
``(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
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, 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
[[Page 118 STAT. 3410]]
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 <<NOTE: Applicability.>> limited to
subscribers 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 of a signal
that originates as an analog signal of a local network station
from that satellite carrier pursuant to section 338.
``(2) Digital <<NOTE: Applicability.>> 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 digital 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
network, 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
significantly viewed station to such subscriber.
``(c) Publication and Modifications of Lists; Regulations.--
``(1) In general.--The Commission shall--
``(A) <<NOTE: Deadline.>> 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
implement 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
[[Page 118 STAT. 3411]]
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 <<NOTE: Deadline.>> retransmission. The Commission shall
update such list within 10 business days after the date on which
the Commission issues an order making any modification of such
stations and communities.
``(3) Modifications.--In addition to cable operators and
television broadcast station licensees, the Commission shall
permit a satellite carrier to petition 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 subsection (e).
``(d) Effect on Other Obligations and Rights.--
``(1) No effect on carriage obligations.--Carriage of a
signal under this section is not mandatory, 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.
``(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 nonduplication or syndicated exclusivity unless,
pursuant to regulations adopted by the Commission, the
Commission determines to permit network nonduplication or
syndicated exclusivity to apply within the appropriate zone of
protection.
``(2) Limitation.--Nothing in this subsection or Commission
regulations shall permit the application of network
nonduplication or syndicated exclusivity regulations to the
retransmission of distant signals of network stations that are
carried by a satellite carrier pursuant to a statutory license
under section 119(a)(2)(A) or (B) of title 17, United States
Code, with respect to persons who reside in unserved households,
under 119(a)(4)(A), or under section 119(a)(12), of such title.
``(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
[[Page 118 STAT. 3412]]
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 <<NOTE: Deadline.>> Commission shall issue a final
determination resolving a complaint brought under this
subsection not later than 180 days after the submission of a
complaint under this subsection. The Commission may hear
witnesses if it clearly appears, based on written filings by the
parties, that there is a genuine dispute about material facts.
Except as provided in the preceding sentence, 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 remedies available under title
17, United States Code.
``(4) No effect on copyright proceedings.--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 instance
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 commence the retransmission of a
station pursuant to this section in any local market shall--
``(1) <<NOTE: Deadline.>> 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
``(2) designate on such carrier's website all significantly
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 <<NOTE: Deadline.>> elections.--The Commission shall,
no later than October 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 satellite carrier retransmits a
television broadcast station pursuant to section 338, to elect,
with respect to such satellite carrier, between retransmission
consent 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 intends to
carry another affiliate of the same network pursuant to
this section during the relevant election period in the
station's local market; or
``(B) on the date notification under paragraph (3)
was due, the satellite carrier was retransmitting into
the station's local market pursuant to this section an
affiliate of the same television network.
``(2) Unified negotiations.--In revising its regulations as
required by paragraph (1), the Commission shall provide that any
such station shall conduct a unified negotiation for the
[[Page 118 STAT. 3413]]
entire portion of its local market for which retransmission
consent is elected.
``(3) Additional provisions.--
The <<NOTE: Deadline.>> Commission shall, no later than October
30, 2005, revise its regulations to provide the following:
``(A) Notifications by satellite carrier.--A
satellite carrier's retransmission of television
broadcast stations pursuant to this section shall be
subject to the following limitations:
``(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 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
reserves the right to retransmit into
that station's local market pursuant to
this section during the next election
cycle under such section of such
regulations; 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 pursuant to
section 338 after the date of enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, the carrier may
notify a station in that market, at least 60 days
prior to the introduction of such service in that
market, and thereafter 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 each
affiliate of the same television 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 election
cycle, a satellite carrier may only retransmit
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 section
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 during the next election cycle pursuant to this
section, the station may choose between retransmission
consent and mandatory carriage for any portion of the 3-
year election cycle that is not covered by an existing
retransmission consent agreement.
[[Page 118 STAT. 3414]]
``(i) Definitions.--As used in this section:
``(1) Local market; satellite carrier; subscriber;
television broadcast station.--The terms `local market',
`satellite carrier', `subscriber', and `television broadcast
station' have the meanings given such terms in section 338(k).
``(2) Network station; television network.--The terms
`network station' and `television network' have the meanings
given such terms in section 339(d).
``(3) Community.--The term `community' means--
``(A) a county or a cable community, as determined
under the rules, regulations, and authorizations of the
Commission applicable to determining with respect to a
cable system whether signals are significantly viewed;
or
``(B) a satellite community, as determined under
such rules, regulations, and authorizations (or
revisions thereof) as the Commission may prescribe in
implementing the requirements of this section.
``(4) Bandwidth.--The terms `equivalent bandwidth' and
`entire bandwidth' shall be defined by the Commission by
regulation, except that this paragraph shall not be construed--
``(A) to prevent a satellite operator from using
compression technology;
``(B) to require a satellite operator to use the
identical bandwidth or bit rate as the local or distant
broadcaster whose signal it is retransmitting;
``(C) to require a satellite operator to use the
identical bandwidth or bit rate for a local network
station as it does for a distant network station;
``(D) to affect a satellite operator's obligations
under subsection (a)(1); or
``(E) to affect the definitions of `program related'
and `primary video'.''.
SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.
(a) Amendments.--Section 338 of the Communications 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 following 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 associated equipment, but such antenna and
associated equipment may be separate from the single reception
antenna and associated equipment used for analog television
service signals.
``(3) Effective date.--The requirements of paragraphs (1)
and (2) of this subsection shall apply on and after 18 months
after the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004.
[[Page 118 STAT. 3415]]
``(4) Notice of disruptions.--A <<NOTE: Deadline.>> 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
reception 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 requirements 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
paragraphs (1) and (2) and inserting the following:
``(1) In general.--Each satellite carrier providing, under
section 122 of title 17, United States Code, secondary
transmissions 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
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 optional.--No low power
television station whose signals 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 ``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
[[Page 118 STAT. 3416]]
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
paragraph:
``(2) Replacement of <<NOTE: Applicability.>> distant
signals with local signals.--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 analog
signals.--
``(i) For those receiving distant analog
signals.--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 transmissions of the distant
analog signal of a station affiliated
with the same network to that
subscriber--
``(aa)
if, <<NOTE: Deadline.>> 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 subscriber elects to
receive such local analog
signal.
``(II) <<NOTE: Deadline.>> Notwithstandin
g 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, submits to
that television network the list and
statement required by subparagraph
(F)(i).
[[Page 118 STAT. 3417]]
``(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 <<NOTE: Applicability. Deadlines.>> other
subscribers to analog signals.--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 transmissions of the distant
analog signal of a station affiliate 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 section
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 secondary transmission as of the date of the
enactment of the Satellite Home Viewer Extension
and Reauthorization 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 available 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.--
[[Page 118 STAT. 3418]]
``(i) Eligibility.--In the case of a
subscriber of a satellite carrier who, with
respect to a local network station--
``(I) is a subscriber whose
household is located outside the
coverage area of the analog signal of
such station as predicted by the model
specified in subsection (c)(3) of this
section for the signal intensity
required under section 73.683(a) of
title 47 of the Code of Federal
Regulations, or a successor regulation;
``(II) is in an unserved household
as determined under section 119(d)(1)(A)
of title 17, United States Code; or
``(III) is, after the date on which
the conditions required by clause (vii)
are met with respect to such station,
determined under clause (vi) of this
subparagraph to be unable to receive a
digital signal of such local network
station that exceeds the signal
intensity standard specified in such
clause;
such subscriber is eligible to receive the digital
signal of a distant network station affiliated
with the same network under this section (in this
subparagraph referred to as a `distant digital
signal') subject to the provisions of this
subparagraph.
``(ii) Pre-enactment distant digital signal
subscribers.--Any eligible subscriber under this
subparagraph who is a lawful subscriber to such a
distant digital signal as of the date of enactment
of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 may continue to
receive such distant digital signal, whether or
not such subscriber elects to subscribe to local
digital signals.
``(iii) Local-to-local analog markets.--In a
case in which the satellite carrier makes
available to an eligible subscriber under this
subparagraph the analog signal of a local network
station pursuant to section 338, the carrier may
only provide the distant digital signal of a
station affiliated with the same network to that
subscriber if--
``(I) in the case of any local
market in the 48 contiguous States of
the United States, the distant digital
signal is the secondary transmission of
a station whose prime time network
programming is generally broadcast
simultaneously with, or later than, the
prime time network programming of the
affiliate of the same network in the
local market;
``(II) in any local market, the
retransmission of the distant digital
signal of the distant station occupies
at least the equivalent bandwidth (as
such term is defined by the Commission
under section 340(h)(4)) as the digital
signal broadcast by such station; and
``(III) <<NOTE: Deadlines.>> the
subscriber subscribes to the analog
signal of such local network station
within 60 days after such signal is made
available by the satellite
[[Page 118 STAT. 3419]]
carrier, and adds to or replaces such
analog signal with the digital signal
from such local network station within
60 days after such signal is made
available by the satellite carrier,
except that such distant digital signal
may continue to be provided to a
subscriber who cannot be reached by the
satellite transmission of the local
digital signal.
``(iv) Local-to-local digital markets.--After
the date on which a satellite carrier makes
available the digital signal of a local network
station, the carrier may not offer the distant
digital signal of a network station affiliated
with the same television network to any new
subscriber to such distant digital signal after
such date, except that such distant digital signal
may be provided to a new subscriber who cannot be
reached by the satellite transmission of the local
digital signal.
``(v) Non-local-to-local markets.--After the
date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004, if the
satellite carrier does not make available the
digital signal of a local network station in a
local market, the satellite carrier may offer a
new subscriber after such date who is eligible
under this subparagraph a distant digital signal
from a station affiliated with the same network
and, in the case of any local market in the 48
contiguous States of the United States, whose
prime time network programming is generally
broadcast simultaneously with, or later than, the
prime time network programming of the affiliate of
the same network in the local market, except
that--
``(I) such carrier may continue to
provide such distant digital signal to
such a subscriber after the date on
which the carrier makes available the
digital signal of a local network
station affiliated with such network
only if such subscriber subscribes to
the digital signal from such local
network station; and
``(II) the limitation contained in
subclause (I) of this clause shall not
apply to a subscriber that cannot be
reached by the satellite transmission of
the local digital signal.
``(vi) Signal testing for digital signals.--
``(I) A subscriber shall be eligible
for a distant digital signal under
clause (i)(III) if such subscriber is
determined, based on a test conducted in
accordance with section 73.686(d) of
title 47, Code of Federal Regulations,
or any successor regulation, not to be
able to receive a signal that exceeds
the signal intensity standard in section
73.622(e)(1) of title 47, Code of
Federal Regulations, as in effect on the
date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act
of 2004.
``(II) <<NOTE: Deadline.>> Such test
shall be conducted, upon written request
for a digital signal strength test by
the subscriber to the satellite carrier,
within 30 days after the date the
subscriber submits such
[[Page 118 STAT. 3420]]
request for the test. Such test shall be
conducted by a qualified and independent
person selected by the satellite carrier
and the network station or stations, or
who has been previously approved by the
satellite carrier and by each affected
network station but not previously
disapproved. A tester may not be so
disapproved for a test after the tester
has commenced such test.
``(III) Unless the satellite carrier
and the network station or stations
otherwise agree, the costs of conducting
the test shall be borne as follows:
``(aa) If the subscriber is
not eligible for a distant
digital signal under clause
(i)(I) of this subparagraph (by
reason of being outside of the
coverage area of the analog
signal), the satellite carrier
may request the station licensee
for a waiver.
``(bb) If the licensee
agrees to a waiver, or fails to
respond to a waiver request
within 30 days, the subscriber
may receive such distant digital
signal.
``(cc) If the licensee
refuses to grant a waiver, the
subscriber may request the
satellite carrier to conduct the
test.
``(dd) If the satellite
carrier requests the test and--
`(AA) the station's signal is determined to exceed such signal intensity standard, the
costs of the test shall be borne by the satellite carrier; and
`(BB) the station's signal is determined to not exceed such signal intensity standard, the
costs of the test shall be borne by the licensee.
``(ee) <<NOTE: Deadline.>> If
the satellite carrier does not
request the test, or fails to
respond within 30 days, the
subscriber may request the test
be conducted under the
supervision of the carrier, and
the costs of the test shall be
borne by the subscriber in
accordance with regulations
prescribed by the Commission.
Such regulations shall also
require the carrier to notify
the subscriber of the typical
costs of such test.
``(vii) Trigger events for use of testing.--A
subscriber shall not be eligible for a distant
digital signal under clause (i)(III) pursuant to a
test conducted under clause (vii) until--
``(I) in the case of a subscriber
whose household is located within the
area predicted to be served (by the
predictive model for analog signals
under subsection (b)(3) of this section)
by the signal of a local network station
and who is seeking a distant digital
signal of a station affiliated with the
same network as that local network
station--
[[Page 118 STAT. 3421]]
``(aa) April 30, 2006, if
such local network station is
within the top 100 television
markets and--
`(AA) has received a tentative digital television service channel designation that is the
same as such station's current digital television service channel; or
`(BB) has been found by the Commission to have lost interference protection; or
``(bb) July 15, 2007, for
any other local network
stations, other than translator
stations licensed to broadcast
on the date of enactment of the
Satellite Home Viewer Extension
and Reauthorization Act of 2004;
or
``(II) in the case of a translator
station, 1 year after the date on which
the Commission completes all actions
necessary for the allocation and
assignment of digital television
licenses to television translator
stations.
``(viii) Testing waivers.--Upon request by a
local network station, the Commission may grant a
waiver with respect to such station to the
beginning of testing under clause (vii), and
prohibit subscribers from receiving digital signal
strength testing with respect to such
station. <<NOTE: Deadline.>> Such a request shall
be filed not less than 5 months prior to the
implementation deadline specified in such clause,
and the Commission shall act on such request by
such implementation deadline. Such
a <<NOTE: Expiration date.>> waiver shall expire
at the end of not more than 6 months, except that
a waiver may be renewed upon a proper showing. The
Commission may only grant such a request upon
submission of clear and convincing evidence that
the station's digital signal coverage is limited
due to the unremediable presence of one or more of
the following:
``(I) the need for international
coordination or approvals;
``(II) clear zoning or environmental
legal impediments;
``(III) force majeure;
``(IV) the station experiences a
substantial decrease in its digital
signal coverage area due to necessity of
using side-mounted antenna;
``(V) substantial technical problems
that result in a station experiencing a
substantial decrease in its coverage
area solely due to actions to avoid
interference with emergency response
providers; or
``(VI) no satellite carrier is
providing the retransmission of the
analog signals of local network stations
under section 338 in the local market.
Under no circumstances may such a waiver be based
upon financial exigency.
[[Page 118 STAT. 3422]]
``(ix) Special waiver provision for
translators.--Upon request by a television
translator station, the Commission may grant, for
not more than 3 years, a waiver with respect to
such station to the beginning of testing under
clause (vii), and prohibit subscribers from
receiving digital signal strength testing with
respect to such station, if the Commission
determines that the translator station is not
broadcasting a digital signal due to one or more
of the following:
``(I) frequent occurrence of
inclement weather; or
``(II) mountainous terrain at the
transmitter tower location.
``(x) Savings provision.--Nothing in this
subparagraph shall be construed to affect a
satellite carrier's obligations under section 338.
``(xi) Definition.--For purposes of clause
(viii), the term `emergency response providers'
means Federal, State, or local governmental and
nongovernmental emergency public safety, law
enforcement, fire, emergency response, emergency
medical (including hospital emergency facilities),
and related personnel, organizations, agencies, or
authorities.
``(E) Authority to grant station-specific waivers.--
This paragraph shall not prohibit a retransmission of a
distant analog signal or distant digital signal (within
the meaning of subparagraph (A), (B), or (D)) of any
distant network station to any subscriber to whom the
signal of a local network station affiliated with the
same network is available, 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 station to such subscriber.
``(F) Notices to networks of distant signal
subscribers.--
``(i) <<NOTE: Deadline.>> 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
designated 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
receive the distant network signal or
signals pursuant to subparagraph (A) or
(B)(i) of this paragraph.
[[Page 118 STAT. 3423]]
``(ii) <<NOTE: Deadline.>> Within 60 days
after the date a satellite carrier 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 carrier's knowledge and belief
after having made diligent 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 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
section 119(a)(12) of title 17, United States Code.
``(H) 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.''; 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
provision of distant digital signals, shall be enforceable under
the provisions of section 340(f)''.
(b) Study of Digital Strength Testing Procedures.--Section 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 <<NOTE: Deadline.>> 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 household 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
consumers.
``(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;
[[Page 118 STAT. 3424]]
``(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 installation;
``(iv) to develop a predictive methodology for
determining whether a household is unserved by an
adequate 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 pictures 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
Communications 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 <<NOTE: Deadlines.>> Notices to Subscribers,
Networks, and Stations Concerning Signal Carriage.--
``(1) Notices to and elections by subscribers concerning
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 Reauthorization Act of 2004, whichever is
later, send a notice to the subscriber--
[[Page 118 STAT. 3425]]
``(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
television 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 subsection (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
[[Page 118 STAT. 3426]]
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
disclosure which may be made of such information,
including an identification of the types of persons to
whom the disclosure 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
paragraph (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 <<NOTE: Deadline.>> 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
satellite 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
[[Page 118 STAT. 3427]]
personally identifiable information concerning any
subscriber without the prior written or electronic
consent of the subscriber concerned and shall take such
actions as are necessary to prevent unauthorized access
to such information by a person other than the
subscriber or satellite carrier.
``(B) Exceptions.--A satellite carrier may disclose
such information if the disclosure is--
``(i) necessary to render, or conduct a
legitimate business activity related to, a
satellite service or other service provided by the
satellite carrier to the subscriber;
``(ii) subject to paragraph (9), made pursuant
to a court order authorizing such disclosure, if
the subscriber is notified of such order by the
person to whom the order is directed;
``(iii) a disclosure of the names and
addresses of subscribers to any satellite service
or other service, if--
``(I) the satellite carrier has
provided the subscriber the opportunity
to prohibit or limit such disclosure;
and
``(II) the disclosure does not
reveal, directly or indirectly, the--
``(aa) extent of any viewing
or other use by the subscriber
of a satellite service or other
service provided by the
satellite carrier; or
``(bb) the nature of any
transaction made by the
subscriber over any facilities
used by the satellite carrier;
or
``(iv) to a government entity as authorized
under chapter 119, 121, or 206 of title 18, United
States Code, except that such disclosure shall not
include records revealing satellite subscriber
selection of video programming from a satellite
carrier.
``(5) Access by subscriber.--A satellite subscriber shall be
provided access to all personally identifiable information
regarding that subscriber which is collected and maintained by a
satellite carrier. Such information shall be made available to
the subscriber at reasonable times and at a convenient place
designated by such satellite carrier. A satellite subscriber
shall be provided reasonable opportunity to correct any error in
such information.
``(6) Destruction of information.--A satellite carrier shall
destroy personally identifiable information if the information
is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access
to such information under paragraph (5) or pursuant to a court
order.
``(7) Penalties.--Any person aggrieved by any act of a
satellite carrier in violation of this section may bring a civil
action in a United States district court. The court may award--
``(A) actual damages but not less than liquidated
damages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
``(B) punitive damages; and
[[Page 118 STAT. 3428]]
``(C) reasonable attorneys' fees and other
litigation costs reasonably incurred.
The remedy provided by this subsection shall be in addition to
any other lawful remedy available to a satellite subscriber.
``(8) Rule of construction.--Nothing in this title shall be
construed to prohibit any State from enacting or enforcing laws
consistent with this section for the protection of subscriber
privacy.
``(9) Court orders.--Except as provided in paragraph
(4)(B)(iv), a governmental entity may obtain personally
identifiable information concerning a satellite subscriber
pursuant to a court order only if, in the court proceeding
relevant to such court order--
``(A) such entity offers clear and convincing
evidence that the subject of the information is
reasonably suspected of engaging in criminal activity
and that the information sought would be material
evidence in the case; and
``(B) the subject of the information is afforded the
opportunity to appear and contest such entity's
claim.''.
(b) Effective Date.--Section 338(i) <<NOTE: 47 USC 338 note.>> of
the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by
subsection (a) of this section shall be effective 60 days after the date
of enactment of this Act.
SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.
(a) Amendments.--Section 325(b)(3)(C) of the Communications Act of
1934 (47 U.S.C. 325(b)(3)(C)) is amended--
(1) by striking ``Within 45 days'' and all that follows
through ``1999, the'' and inserting ``The'';
(2) by striking the second sentence;
(3) by striking ``and'' at the end of clause (i);
(4) in clause (ii)--
(A) by striking ``January 1, 2006'' and inserting
``January 1, 2010''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following new clause:
``(iii) until January 1, 2010, prohibit a
multichannel video programming distributor from
failing to negotiate in good faith for
retransmission consent under this section, and it
shall not be a failure to negotiate in good faith
if the distributor enters into retransmission
consent agreements containing different terms and
conditions, including price terms, with different
broadcast stations if such different terms and
conditions are based on competitive marketplace
considerations.''.
(b) Deadline.--The <<NOTE: Regulations. 47 USC 325 note.>> Federal
Communications Commission shall prescribe regulations to implement the
amendment made by subsection (a)(5) within 180 days after the date of
enactment of this Act.
SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.
(a) Study Required.--No <<NOTE: Deadline.>> later than 9 months
after the date of enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, the Federal Communications Commission shall
complete an inquiry regarding the impact on competition in the
multichannel video programming distribution market of the current
[[Page 118 STAT. 3429]]
retransmission consent, network nonduplication, syndicated exclusivity,
and sports blackout rules, including the impact of those rules on the
ability of rural cable operators to compete with direct broadcast
satellite industry in the provision of digital broadcast television
signals to consumers. Such report shall include such recommendations for
changes in any statutory provisions relating to such rules as the
Commission deems appropriate.
(b) Report Required.--The Federal Communications Commission shall
submit a report on the results of the inquiry required by subsection (a)
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
not later than 9 months after the date of the enactment of this Act.
SEC. 209. REDUCTION OF REQUIRED TESTS.
Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.
339(c)(4)) is amended by inserting after subparagraph (C) the following
new subparagraphs:
``(D) Reduction of verification burdens.--Within 1
year after the date of enactment of the Satellite Home
Viewer Extension and Reauthorization Act of 2004, the
Commission shall by rule exempt from the verification
requirements of subparagraph (A) any request for a test
made by a subscriber to a satellite carrier to whom the
retransmission of the signals of local broadcast
stations is available under section 338 from such
carrier.
``(E) Exception.--A satellite carrier may refuse to
engage in the testing process. If the carrier does so
refuse, a subscriber in a local market in which the
satellite carrier does not offer the signals of local
broadcast stations under section 338 may, at his or her
own expense, authorize a signal intensity test to be
performed pursuant to the procedures specified by the
Commission in section 73.686(d) of title 47, Code of
Federal Regulations, by a tester who is approved by the
satellite carrier and by each affected network station,
or who has been previously approved by the satellite
carrier and by each affected network station but not
previously disapproved. A tester may not be so
disapproved for a test after the tester has commenced
such test. The tester <<NOTE: Notice.>> shall give 5
business days advance written notice to the satellite
carrier and to the affected network station or stations.
A signal intensity test conducted in accordance with
this subparagraph shall be determinative of the signal
strength received at that household for purposes of
determining whether the household is capable of
receiving a Grade B intensity signal.''.
SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS
STATES.
Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a))
is amended by adding at the end the following:
``(4) Carriage of <<NOTE: Deadlines.>> signals of local
stations in certain markets.--A satellite carrier that offers
multichannel video programming distribution service in the
United States to more than 5,000,000 subscribers shall (A)
within 1 year after the date of the enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004,
retransmit the signals originating as analog signals of each
television broadcast station
[[Page 118 STAT. 3430]]
located in any local market within a State that is not part of
the contiguous United States, and (B) within 30 months after
such date of enactment retransmit the signals originating as
digital signals of each such station. The retransmissions of
such stations shall be made available to substantially all of
the satellite carrier's subscribers in each station's local
market, and the retransmissions of the stations in at least one
market in the State shall be made available to substantially all
of the satellite carrier's subscribers in areas of the State
that are not within a designated market area. The cost to
subscribers of such retransmissions shall not exceed the cost of
retransmissions of local television stations in other States.
Within 1 <<NOTE: Regulations.>> year after the date of enactment
of that Act, the Commission shall promulgate regulations
concerning elections by television stations in such State
between mandatory carriage pursuant to this section and
retransmission consent pursuant to section 325(b), which shall
take into account the schedule on which local television
stations are made available to viewers in such State.''.
SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by inserting after section 339 the following:
``SEC. 341. <<NOTE: 47 USC 341.>> CARRIAGE OF TELEVISION SIGNALS TO
CERTAIN SUBSCRIBERS.
``(a)(1) In General.--A cable operator or satellite carrier may
elect to retransmit, to subscribers in an eligible county.--
``(A) any television broadcast stations that are located in
the State in which the county is located and that any cable
operator or satellite carrier was retransmitting to subscribers
in the county on January 1, 2004; or
``(B) up to 2 television broadcast stations located in the
State in which the county is located, if the number of
television broadcast stations that the cable operator or
satellite carrier is authorized to carry under paragraph (1) is
less than 3.
``(2) Deemed Significantly Viewed.--A station described in
subsection (a) is deemed to be significantly viewed in the eligible
county within the meaning of section 76.54 of the Commission's
regulations (47 CFR 76.54).
``(3) Definition of Eligible County.--For purposes of this section,
the term `eligible county' means any 1 of 4 counties that--
``(A) are all in a single State;
``(B) on January 1, 2004, were each in designated market
areas in which the majority of counties were located in another
State or States; and
``(C) as a group had a combined total of 41,340 television
households according to the U.S. Television Household Estimates
by Nielsen Media Research for 2003-2004.
``(4) Limitation.--Carriage of a station under this section shall be
at the option of the cable operator or satellite carrier.
``(b) Certain Markets.--Notwithstanding any other provision of law,
a satellite carrier may not carry the signal of a television station
into an adjacent local market that is comprised of only a portion of a
county, other than to unserved households located in that county.''.
[[Page 118 STAT. 3431]]
SEC. 212. <<NOTE: 47 USC 325 note.>> DIGITAL TRANSITION SAVINGS
PROVISION.
Nothing in the dates by which requirements or other provisions are
effective under this Act or the amendments made by this Act shall be
construed--
(1) to impair the authority of the Federal Communications
Commission to take any action with respect to the transition by
television broadcasters to the digital television service; or
(2) to require the Commission to take any such action.
SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF ALASKA.
Title III of the Communications Act of 1934 is amended as follows:
(1) <<NOTE: 47 USC 307.>> In section 307(c)(3)--
(A) by striking ``any hearing'' and inserting ``any
administrative or judicial hearing''; and
(B) by inserting ``or section 402'' after ``section
405''.
(2) In section 307, by adding at the end the following new
subsection:
``(f) Notwithstanding any other provision of law, (1) any holder of
a broadcast license may broadcast to an area of Alaska that otherwise
does not have access to over the air broadcasts via translator,
microwave, or other alternative signal delivery even if another holder
of a broadcast license begins broadcasting to such area, (2) any holder
of a broadcast license who has broadcast to an area of Alaska that did
not have access to over the air broadcasts via translator, microwave, or
other alternative signal delivery may continue providing such service
even if another holder of a broadcast license begins broadcasting to
such area, and shall not be fined or subject to any other penalty,
forfeiture, or revocation related to providing such service including
any fine, penalty, forfeiture, or revocation for continuing to operate
notwithstanding orders to the contrary.''.
(3) In section 312(g), <<NOTE: 47 USC 312.>> by inserting
before the period at the end the following: ``, except that the
Commission may extend or reinstate such station license if the
holder of the station license prevails in an administrative or
judicial appeal, the applicable law changes, or for any other
reason to promote equity and fairness. Any broadcast license
revoked or terminated in Alaska in a proceeding related to
broadcasting via translator, microwave, or other alternative
signal delivery is reinstated''.
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[Ed. note: Text omitted. ]
Approved December 8, 2004.
LEGISLATIVE HISTORY--H.R. 4818 (S. 2812):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-599 (Comm. on Appropriations) and 108-792
(Comm. of Conference).
SENATE REPORTS: No. 108-346 accompanying S. 2812 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 13, 15, considered and passed House.
Sept. 23, considered and passed Senate, amended, in lieu of
S. 2812.
Nov. 20, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 8, Presidential statement.
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