[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3192 Introduced in House (IH)]

  2d Session
                                H. R. 3192

  To make amendments to section 119 of title 17 of the United States 
                                 Code.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 1996

 Mr. Moorhead introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To make amendments to section 119 of title 17 of the United States 
                                 Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Satellite Home Viewer 
Protection Act of 1996''.

SEC. 2. NOTICE TO SUBSCRIBERS.

    Section 119(a)(2) is amended by adding the following at the end:
                    ``(D) Notice to subscribers.--A satellite carrier 
                that makes secondary transmissions of a primary 
                transmission made by a network station pursuant to 
                subparagraph (A) shall, prior to providing service of 
                broadcast signals under this title to a subscriber, 
                provide the subscriber with a written statement 
                describing and quoting the network territorial 
                restrictions of subsections (a) (2), (5), (8), (9), and 
                (10) of this section. Such statement shall describe the 
                circumstances under which a subscriber may not be 
                eligible for satellite service of a particular network 
                station, and a subscriber's rights under subsection 
                (a)(8) of this section. With respect to subscribers 
                currently receiving broadcast signals under this title, 
                the satellite carrier shall provide the written 
                statement described in this subsection to such 
                subscribers no later than 60 days after the enactment 
                of this Act.''.

SEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES.

    Section 119(a)(8) is amended as follows:
            (1) Subparagraph (A) is amended to read:
                    ``(A) In general.--Subject to subparagraph (C), 
                upon a challenge by a network station regarding whether 
                a subscriber is an unserved household within the 
                predicted grade B contour of the station, the satellite 
                carrier shall, within 30 days after receipt of the 
                challenge--
                            ``(i) inform the subscriber who is the 
                        subject of the challenge from the network 
                        station in writing that the network station has 
                        challenged the subscriber's receipt of the 
                        signal of the same network from the satellite 
                        carrier; and
                            ``(ii) offer the subscriber the option of 
                        the satellite carrier conducting a measurement 
                        of the signal intensity of the subscriber's 
                        household to determine whether the household is 
                        an unserved household. If the subscriber does 
                        not request, in writing, the satellite carrier 
                        to conduct a signal intensity measurement 
                        within 30 days of notification of the challenge 
                        from the satellite carrier, the satellite 
                        carrier shall terminate service to that 
                        household of the signal that is the subject of 
                        the challenge, and within 30 days thereafter 
                        notify the network station that made the 
                        challenge that service to that household has 
                        been terminated.
                If the subscriber requests the satellite carrier to 
                conduct a signal intensity measurement as described in 
                clause (ii), the satellite carrier shall give 
                reasonable notice to the network station issuing the 
                challenge to the subscriber that the satellite carrier 
                will be conducting a signal intensity measurement.''.
            (2) Subparagraph (B) is amended to read:
                    ``(B) Effect of measurement; costs.--If the 
                satellite carrier conducts a signal intensity 
                measurement under subparagraph (A) and the measurement 
                indicates that--
                            ``(i) the household is not an unserved 
                        household, the satellite carrier shall, within 
                        60 days after the measurement is conducted, 
                        terminate the service to that household of the 
                        signal that is the subject of the challenge, 
                        and within 30 days thereafter notify the 
                        network station that made the challenge that 
                        service to that household has been terminated. 
                        In addition, the subscriber that requested the 
                        satellite carrier to conduct the measurement 
                        shall reimburse the satellite carrier for the 
                        costs of the measurement within 60 days after 
                        receipt of the measurement results and a 
                        statement of costs of the measurement; or
                            ``(ii) the household is an unserved 
                        household, the station challenging the service 
                        shall reimburse the satellite carrier for the 
                        costs of the signal measurement within 60 days 
                        after receipt of the measurement results and a 
                        statement of the costs of the measurement.
            (3) Subparagraph (D) is deleted.

SEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION.

    Section 119(a)(11) is amended as follows:
            ``(11) Signal intensity measurement; arbitration.--
                    ``(A) Voluntary negotiation.--Satellite carriers 
                and network broadcasters may negotiate the terms and 
                conditions, including technical standards and costs, of 
                the signal intensity measurement described in 
                subsection (a)(8). A complete description of the agreed 
                upon terms of the measurement shall be filed with the 
                Register of Copyrights no later than 30 days after 
                execution of the agreement.
                    ``(B) Arbitration.--If satellite carriers and 
                network broadcasters are unable to agree to the terms 
                and conditions of the signal intensity measurement 
                within 30 days after the enactment of this Act, they 
                shall submit the matter to binding arbitration. Such 
                arbitration shall be governed by the provisions of 
                title 9 of the United States Code, and shall be 
                completed and a decision rendered no later than 90 days 
                after the enactment of this Act. The parties shall give 
                notice to the Register of Copyrights of any 
                determination reached by arbitration no later than 30 
                days after issuance of the determination. Such 
                determination shall be dispositive.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act take effect on the date of enactment of 
this Act.
    (b) Transitional Signal Intensity Measurement Procedures.--The 
provisions of section 119(a)(8), relating to the transitional signal 
intensity measurements, shall cease to be effective on December 31, 
1997.
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