[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2644 Introduced in Senate (IS)]

  2d Session
                                S. 2644

To amend the Communications Act of 1934 with respect to the carriage of 
direct broadcast satellite television signals by satellite carriers to 
           consumers in rural areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2004

Mr. Ensign (for himself and Mr.  McCain) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 with respect to the carriage of 
direct broadcast satellite television signals by satellite carriers to 
           consumers in rural areas, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Satellite Home 
Viewer Extension and Rural Consumer Access to Digital Television Act of 
2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of retransmission consent exception.
Sec. 3. Carriage of local stations on a single dish.
Sec. 4. Unserved digital customers.
Sec. 5. Bargaining obligations.
Sec. 6. Reduction of required tests.
Sec. 7. Privacy rights of satellite subscribers.
Sec. 8. Sponsorship identification rules for DBS.
Sec. 9. Certain vessels and aircraft.

SEC. 2. EXTENSION OF RETRANSMISSION CONSENT EXCEPTION.

    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. 3. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.

    (a) In General.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
             (2) by inserting after subsection (f) the following:
    ``(g) Carriage of Local Stations on a Single Dish.--
            ``(1) General rule.--A satellite carrier that retransmits 
        the signals of local television broadcast stations in a local 
        market shall retransmit the signals of all local television 
        broadcast stations retransmitted by that carrier to subscribers 
        in that market by means of a single reception antenna and 
        associated equipment.
            ``(2) Exception for digital television service.--
        Notwithstanding paragraph (1), if the carrier retransmits 
        signals in the digital television service, the carrier shall 
        retransmit the digital television service signals of all the 
        local television broadcast stations retransmitted by that 
        carrier to subscribers in that market by means of a single 
        reception antenna and associated equipment, but the antenna and 
        associated equipment may be separate from the single reception 
        antenna and associated equipment used for signals that are not 
        in the digital television service.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 
        subsection (g) of section 338 of the Communications Act of 1934 
        (47 U.S.C. 338), as added by subsection (a) of this section, 
        takes effect 180 days after the date of enactment of this Act.
            (2) Phase-in for existing 2-dish markets.--
                    (A)  Schedule.--In the case of a satellite carrier 
                that, as of July 1, 2004, is retransmitting local 
                television broadcast signals to subscribers in local 
                markets by means of more than a single reception 
                antenna and associated equipment, subsection (g) of 
                section 338 of the Communications Act of 1934 (47 
                U.S.C. 338), as added by subsection (a) of this 
                section, shall first apply to that carrier in those 
                local markets in accordance with the following 
                schedule:
                            (i) Beginning 180 days after the date of 
                        enactment of this Act, to all but 33 of those 
                        local markets, as selected by the satellite 
                        carrier.
                            (ii) By December 31, 2005, to all but 28 of 
                        those local markets, as selected by the 
                        satellite carrier.
                            (iii) By December 31, 2006, to all but 14 
                        of those local markets, as selected by the 
                        satellite carrier.
                            (iv) By December 31, 2007, to all those 
                        local markets.
                    (B) Enforcement.--If a satellite carrier to which 
                subparagraph (A) applies fails to comply with the 
                implementation schedule set forth in that 
                subparagraph--
                            (i) the failure to comply shall be 
                        punishable under section 503(b) of the 
                        Communications Act of 1934 (47 U.S.C. 503(b)) 
                        to the same extent as if such failure were a 
                        failure to comply with section 338(g) of the 
                        Communications Act of 1934;
                            (ii) each market with respect to which the 
                        satellite carrier fails to comply shall be 
                        considered to be a separate violation; and
                            (iii) each day of a continuing violation 
                        shall be considered to be a separate violation.

SEC. 4. UNSERVED DIGITAL CUSTOMERS.

    (a) Provisions Relating to Carriage of Distant Signals.--Section 
339(a)(1) of the Communications Act of 1934 (47 U.S.C. 339(a)(1)) is 
amended to read as follows:
            ``(1) Carriage permitted.--
                    ``(A) Analog signals.--
                            ``(i) In general.--Subject to section 119 
                        of title 17, United States Code, a satellite 
                        carrier may provide the analog signals of no 
                        more than 2 network stations in a single day 
                        for each television network to any household 
                        not located within the local markets of those 
                        network stations.
                            ``(ii) Additional service.--To the extent 
                        consistent with sections 119 and 122 of title 
                        17, United States Code, a satellite carrier may 
                        also provide service under the statutory 
                        license of those sections to the local market 
                        within which such household is located in 
                        addition to the signals provided under clause 
                        (i).
                    ``(B) Digital signals.--To the extent consistent 
                with section 119 of title 17, United States Code, a 
                satellite carrier may provide the digital signals of no 
                more than 2 network stations in a single day for each 
                television network to any household not located within 
                the local markets of those network stations.''.
    (b) Distant Digital Signal Retransmission.--Section 339 of the 
Communications Act of 1934 (47 U.S.C. 339) is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) by striking ``(d)(4),'' in subsection (c)(5) and 
        inserting ``(e)(4),''; and
            (3) by inserting after subsection (c) the following:
    ``(d) Eligibility for Retransmission of Distant Digital Signals.--
            ``(1)  In general.--For purposes of identifying an unserved 
        digital household under section 119(d)(10) of title 17, United 
        States Code, within 2 years after the date of enactment of the 
        Satellite Home Viewer Extension and Rural Consumer Access to 
        Digital Television Act of 2004, the Commission shall conclude a 
        proceeding--
                    ``(A) to determine the appropriate signal standard 
                for determining eligibility for retransmissions of the 
                digital signals of network stations;
                    ``(B) to develop and prescribe by rule a point-to-
                point predictive model for reliably and presumptively 
                determining the ability of individual locations to 
                receive digital signals in accordance with the signal 
                standard determined under subparagraph (A), and in 
                prescribing that model, the Commission shall--
                            ``(i) ensure that it takes into account 
                        terrain, building structures, and other land 
                        cover variations; and
                            ``(ii) establish procedures for the 
                        continued refinement in the application of the 
                        model by the use of additional data as it 
                        becomes available; and
                    ``(C) to establish appropriate waiver and objective 
                verification procedures, similar to the procedures 
                under paragraphs (2) and (4) of subsection (c), to 
                apply to unserved digital household determinations made 
                pursuant to the model.
            ``(2) Interim eligibility determinations.--Until the 
        Commission completes the proceeding required by paragraph (1), 
        an unserved household for purposes of section 119(d)(10) of 
        title 17, United States Code, with respect to the digital 
        signals of a particular network, is a household that--
                    ``(A) is eligible to receive retransmission of 
                analog signals pursuant to subsection (c) of this 
                section and section 119(a) of title 17, United States 
                Code; or
                    ``(B) after December 31, 2004, is determined, 
                pursuant to the predictive model established by 
                subsection (c) not to receive the analog signal of a 
                network station affiliated with that network that is 
                licensed by the Commission for its fully authorized 
                digital facility; and--
                            ``(i) is located in a local market in which 
                        a network station affiliated with that network 
                        is not broadcasting a digital signal; or
                            ``(ii) is located outside the city of 
                        license of a network station that is under a 
                        Commission grant of special temporary authority 
                        to operate at less than its authorized 
                        facility.
            ``(3) Circumstances beyond network station's control.--For 
        purposes of subparagraph (B) of paragraph (2), a network 
        station that has been granted an extension of its construction 
        permit or a special temporary authority to operate at reduced 
        facilities due to noneconomic circumstances beyond its control 
        is deemed to be operating at fully authorized facilities.
            ``(4) Notices.--
                    ``(A) By carrier to customers to whom digital 
                signal will be provided.--A satellite carrier providing 
                a distant digital signal pursuant to paragraph (2) 
                shall notify its customers in a clear and conspicuous 
                manner before offering the distant digital signal that 
                it will cease providing that digital signal within 120 
                days after the date on which it is notified that the 
                household ceases to be an unserved household with 
                respect to digital signals.
                    ``(B) By network station to satellite carrier.--
                Within not more than 48 hours after filing with the 
                Commission a license application for its fully 
                authorized facilities or filing an application for 
                special temporary authority, a network station shall 
                notify all satellite carriers of the filing.
                    ``(C) By satellite carriers to network stations.--
                            ``(i) Response to station notice.--Within 
                        60 days after receiving notification under 
                        subparagraph (B) from a network station, a 
                        satellite carrier shall transmit a list 
                        identifying (by name and street address, 
                        including county and zip code) all subscribers 
to which the satellite carrier provides a distant digital signal in the 
local market of the network station whose service will be terminated 
under paragraph (5).
                            ``(ii) Completion of commission 
                        proceeding.--Within 120 days after the 
                        Commission completes the proceeding required by 
                        paragraph (1), each satellite carrier shall 
                        transmit a comprehensive list to the network 
                        stations that, as a result of the proceeding, 
                        are providing a digital signal to the satellite 
                        carrier's subscribers, containing the 
                        information required by clause (i).
                    ``(D) List used only for compliance.--It is 
                unlawful for any person to use a list provided under 
                this paragraph, or information derived from such a 
                list, for any purpose other than compliance with the 
                requirements of this section.
            ``(5) Termination of carriage to households that lose 
        unserved status.--Within 120 days after the date on which a 
        satellite carrier receives notice under paragraph (4)(B), it 
        shall cease providing the distant digital signal to subscribers 
        in households, determined on the basis of the notice, that will 
        cease to be unserved households with respect to digital 
        signals. Within 120 days after the date on which the Commission 
        completes the proceeding required by paragraph (1) (or on such 
        date as the Commission in that proceeding may otherwise 
        specify), a satellite carrier shall cease providing distant 
        digital signals to households required as a result of the 
        Commission's action.
            ``(6) Enforcement.--
                    ``(A) In general.--Compliance with this section 
                shall be enforced under titles IV and V of this Act.
                    ``(B) Special rule for satellite carrier list 
                requirement.--If a satellite carrier fails to provide a 
                complete list of subscribers in accordance with the 
                requirements of paragraph (4)(C)(i), then each 
                household with respect to which such failure occurs 
                shall constitute a separate violation.
                    ``(C) Special rule for terminations.--If a 
                satellite carrier providing a distant digital signal 
                pursuant to paragraph (2) fails to comply with the 
                requirements of paragraph (5), then--
                            ``(i) each household with respect to which 
                        the satellite carrier fails to comply shall be 
                        considered to be a separate violation for 
                        purposes of section 503(b) of this Act; and
                            ``(ii) each day of a continuing violation 
                        shall be considered to be a separate violation.
            ``(7) Application of section 338.--Nothing in this 
        subsection affects the obligations of a satellite carrier under 
        section 338(a) of this Act.''.
    (c) Conforming Amendments.--
            (1) Distant analog signal retransmission.--Section 339(c) 
        of the Communications Act of 1934 (47 U.S.C. 339(c)) is amended 
        by inserting ``of Distant Analog Signals.--'' after 
        ``Retransmission'' in the subsection heading.
            (2) 2-network station rule applies without regard to type 
        of signals.--Section 119 of title 17, United States Code, is 
        amended--
                    (A) by striking the first sentence of clause (i) of 
                subsection (a)(2)(B) and inserting ``The statutory 
                license provided for in subparagraph (A) shall be 
                limited to secondary transmissions of the analog and 
                digital signals of no more than 2 network stations in a 
                single day for each television network to persons who 
                reside in unserved households.'';
                    (B) by striking ``(d)(10)(A)'' in subclauses (I) 
                and (II) of subsection (a)(2)(B)(ii) and inserting 
                ``(d)(10)'';
                    (C) by striking ``339(c)(3)'' in subclause (I) of 
                subsection (a)(2)(B)(ii) and inserting ``339'';
                    (D) by striking ``339(c)(4)'' in subclause (II) of 
                subsection (a)(2)(B)(ii) and inserting ``339''; and
                    (E) by striking subsection (d)(10) and inserting 
                the following:
            ``(10) Unserved household.--
                    ``(A) In general.--The term `unserved household', 
                with respect to a particular television network, means 
                an unserved analog household or an unserved digital 
                household.
                    ``(B) Unserved analog household.--In this 
                paragraph, the term `unserved analog household' means, 
                with respect to an analog signal, a household that--
                            ``(i) cannot receive, through the use of a 
                        conventional, stationary, outdoor rooftop 
                        receiving antenna, an over-the-air signal of a 
                        primary network station affiliated with that 
                        network of Grade B intensity as defined by the 
                        Federal Communications Commission under section 
                        73.683(a) of title 47 of the Code of Federal 
                        Regulations, as in effect on January 1, 1999;
                            ``(ii) is subject to a waiver granted under 
                        regulations established under section 339(c)(2) 
                        of the Communications Act of 1934;
                            ``(iii) is a subscriber to whom subsection 
                        (e) applies;
                            ``(iv) is a subscriber to whom subsection 
                        (a)(11) applies; or
                            ``(v) is a subscriber to whom the exemption 
                        under subsection (a)(2)(B)(iii) applies.
                    ``(C) Unserved digital household.--In this 
                paragraph, the term `unserved digital household' means, 
                with respect to a digital signal, a household that is 
                eligible to receive distant digital signals pursuant to 
                section 339(d) of the Communications Act of 1934 (47 
                U.S.C. 339(d)).''.

SEC. 5. 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''
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (5) by adding at the end the following new clauses:
                            ``(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 Federal Communications Commission shall 
prescribe regulations to implement the amendments made by subsection 
(a)(5) within 180 days after the date of enactment of this Act.

SEC. 6. 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 
                one year after the date of enactment of the Satellite 
                Home Viewer Extension and Rural Consumer Access to 
                Digital Television 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--
                            ``(i) to whom the retransmission of the 
                        signals of local broadcast stations is 
                        available under section 122 of title 17, United 
                        States Code, from such carrier; or
                            ``(ii) for whom the predictive model 
                        required by paragraph (3) predicts a signal 
                        intensity that exceeds the signal intensity 
                        standard in effect under section 119(d)(11)(A) 
                        of such title by such number of decibels as the 
                        Commission specifies in such rule.
                    ``(E) Exception.--Notwithstanding any provision of 
                this Act, this section does not prohibit a subscriber 
                who is predicted to receive a signal that meets or 
                exceeds such signal intensity standard from conducting 
                a signal strength test at the subsciber's own expense 
                for the purpose of determining their eligibility for 
                distant signals under this section.''.

SEC. 7. PRIVACY RIGHTS OF SATELLITE SUBSCIBERS.

    Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is 
amended by adding at the end the following:
    ``(i) Application to DBS Providers.--
            ``(1) In general.--The provisions of this section shall 
        apply to satellite carriers in the same way and to the same 
        extent as they apply to cable operators.
            ``(2) Special rule.--For the purpose of applying the last 
        sentence of subsection (a)(1) to a satellite carrier, the 
        phrase `the date of enactment of the Satellite Home Viewer 
        Extension and Rural Consumer Access to Digital Television Act 
        of 2004,' shall be substituted for the phrase `the effective 
        date of this section,'.
            ``(3) Satellite carrier.--In this subsection, the term 
        `satellite carrier' means any person using the facilities of a 
        satellite or satellite service licensed by the Federal 
        Communications Commission and operating in the Fixed-Satellite 
        Service, or the Direct Broadcast Satellite Service, under part 
        25 of title 47 of the Code of Federal Regulations to establish 
        and operate a channel of communications for distribution of 
        signals, and owning or leasing a capacity or service on a 
        satellite in order to provide such distribution.''.

SEC. 8. SPONSORSHIP IDENTIFICATION RULES FOR DBS.

    Within 180 days after the date of enactment of this Act, the 
Federal Communications Commission shall modify section 76.1615 of its 
rules (47 CFR 76.1615) to apply the requirements of section 317 of the 
Communications Act of 1934 (47 U.S.C. 317) to all multichannel video 
program distributors.

SEC. 9. CERTAIN VESSELS AND AIRCRAFT.

    Section 119(a)(11) of title 17, United States Code, is amended--
            (1) by striking ``recreational vehicles and commercial 
        trucks.--'' in the heading and inserting ``recreational 
        vehicle, vessels, aircraft, and commercial trucks.--'';
            (2) by striking ``and'' after the semicolon in subparagraph 
        (A)(i)(I);
            (3) by striking ``Regulations.'' in subparagraph (A)(i)(II) 
        and inserting ``Regulations;'';
            (4) by inserting after subclause (II) of subparagraph 
        (A)(i) the following:
                            ``(III) recreational vessels (as defined in 
                        section 2101(25) of title 46, United States 
                        Code, documented in accordance with section 
                        12101 of title 46 or State law; and
                            ``(IV) aircraft registered under section 
                        44103 of title 49.'';
            (5) by striking ``vehicle or'' each place it appears in 
        subparagraph (A)(ii), and inserting ``vehicle, vessel, 
        aircraft, or'';
            (6) by striking ``vehicle'' in subparagraph (A)(iii) and 
        inserting ``vehicle, recreational vessel, aircraft'';
            (7) by striking ``vehicle or'' each place it appears in 
        subparagraph (B), other than in clause (ii), and inserting 
        ``vehicle, recreational vessel, aircraft, or'';
            (8) by inserting after ``vehicle.'' in clause (ii) of 
        subparagraph (B) the following: ``In the case of a recreational 
        vessel, a copy of the current certificate of documentation 
        issued under section 12103 of title 46 for the vessel or the 
        State certificate of registration. In the case of an aircraft, 
        a copy of the certificate of registration for the aircraft 
        issued under section 44103 of title 49.''; and
            (9) by striking ``vehicle or'' in subparagraph (C) and 
        inserting ``vehicle, recreational vessel, aircraft, or''.
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