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

                                                       Calendar No. 815
108th CONGRESS
  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

                           November 19, 2004

               Reported by Mr. McCain, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Satellite 
Home Viewer Extension and Rural Consumer Access to Digital Television 
Act of 2004''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Extension of retransmission consent exception.
<DELETED>Sec. 3. Carriage of local stations on a single dish.
<DELETED>Sec. 4. Unserved digital customers.
<DELETED>Sec. 5. Bargaining obligations.
<DELETED>Sec. 6. Reduction of required tests.
<DELETED>Sec. 7. Privacy rights of satellite subscribers.
<DELETED>Sec. 8. Sponsorship identification rules for DBS.
<DELETED>Sec. 9. Certain vessels and aircraft.

<DELETED>SEC. 2. EXTENSION OF RETRANSMISSION CONSENT 
              EXCEPTION.</DELETED>

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 3. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.</DELETED>

<DELETED>    (a) In General.--Section 338 of the Communications Act of 
1934 (47 U.S.C. 338) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (g) and (h) as 
        subsections (h) and (i), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (f) the 
        following:</DELETED>
<DELETED>    ``(g) Carriage of Local Stations on a Single Dish.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Phase-in for existing 2-dish markets.--
        </DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (ii) By December 31, 2005, to all 
                        but 28 of those local markets, as selected by 
                        the satellite carrier.</DELETED>
                        <DELETED>    (iii) By December 31, 2006, to all 
                        but 14 of those local markets, as selected by 
                        the satellite carrier.</DELETED>
                        <DELETED>    (iv) By December 31, 2007, to all 
                        those local markets.</DELETED>
                <DELETED>    (B) Enforcement.--If a satellite carrier 
                to which subparagraph (A) applies fails to comply with 
                the implementation schedule set forth in that 
                subparagraph--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) each market with respect to 
                        which the satellite carrier fails to comply 
                        shall be considered to be a separate violation; 
                        and</DELETED>
                        <DELETED>    (iii) each day of a continuing 
                        violation shall be considered to be a separate 
                        violation.</DELETED>

<DELETED>SEC. 4. UNSERVED DIGITAL CUSTOMERS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(1) Carriage permitted.--</DELETED>
                <DELETED>    ``(A) Analog signals.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Distant Digital Signal Retransmission.--Section 339 of 
the Communications Act of 1934 (47 U.S.C. 339) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (d) as subsection 
        (e);</DELETED>
        <DELETED>    (2) by striking ``(d)(4),'' in subsection (c)(5) 
        and inserting ``(e)(4),''; and</DELETED>
        <DELETED>    (3) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Eligibility for Retransmission of Distant Digital 
Signals.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to determine the appropriate signal 
                standard for determining eligibility for 
                retransmissions of the digital signals of network 
                stations;</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) ensure that it takes into 
                        account terrain, building structures, and other 
                        land cover variations; and</DELETED>
                        <DELETED>    ``(ii) establish procedures for 
                        the continued refinement in the application of 
                        the model by the use of additional data as it 
                        becomes available; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) after December 31, 2004, is 
                determined, pursuant to the predictive model establish 
                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--</DELETED>
                        <DELETED>    ``(i) is located in a local market 
                        in which a network station affiliated with that 
                        network is not broadcasting a digital signal; 
                        or</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Notices.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) By satellite carriers to network 
                stations.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Enforcement.--</DELETED>
                <DELETED>    ``(A) In general.--Compliance with this 
                section shall be enforced under titles IV and V of this 
                Act.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) each day of a continuing violation 
                shall be considered to be a separate 
                violation.</DELETED>
        <DELETED>    ``(7) Application of section 338.--Nothing in this 
        subsection affects the obligations of a satellite carrier under 
        section 338(a) of this Act.''.</DELETED>
<DELETED>    (c) Conforming Amendments.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) 2-Network station rule applies without regard 
        to type of signals.--Section 119 of title 17, United States 
        Code, is amended--</DELETED>
                <DELETED>    (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.'';</DELETED>
                <DELETED>    (B) by striking ``(d)(10)(A),'' in 
                subclauses (I) and (II) of subsection (a)(2)(B)(ii) and 
                inserting (d)(10),'';</DELETED>
                <DELETED>    (C) by striking ``339(c)(3)'' in subclause 
                (I) of subsection (a)(2)(B)(ii) and inserting 
                ``339'';</DELETED>
                <DELETED>    (D) by striking ``339(c)(4)'' in subclause 
                (II) of subsection (a)(2)(B)(ii) and inserting ``339''; 
                and</DELETED>
                <DELETED>    (E) by striking subsection (d)(10) and 
                inserting the following:</DELETED>
        <DELETED>    ``(10) Unserved household.--</DELETED>
                <DELETED>    ``(A) In general.--The term `unserved 
                household', with respect to a particular television 
                network, means an unserved analog household or an 
                unserved digital household.</DELETED>
                <DELETED>    ``(B) Unserved analog household.--In this 
                paragraph, the term `unserved analog household' means, 
                with respect to an analog signal, a household that--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) is subject to a waiver 
                        granted under regulations established under 
                        section 339(c)(2) of the Communications Act of 
                        1934;</DELETED>
                        <DELETED>    ``(iii) is a subscriber to whom 
                        subsection (e) applies;</DELETED>
                        <DELETED>    ``(iv) is a subscriber to whom 
                        subsection (a)(11) applies; or</DELETED>
                        <DELETED>    ``(v) is a subscriber to whom the 
                        exemption under subsection (a)(2)(B)(iii) 
                        applies.</DELETED>
                <DELETED>    ``(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)).''.</DELETED>

<DELETED>SEC. 5. BARGAINING OBLIGATIONS.</DELETED>

<DELETED>    (a) Amendments.--Section 325(b)(3)(C) of the 
Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``Within 45 days'' and all that 
        follows through ``1999, the'' and inserting ``The'';</DELETED>
        <DELETED>    (2) by striking the second sentence;</DELETED>
        <DELETED>    (3) by striking ``and'' at the end of clause 
        (i);</DELETED>
        <DELETED>    (4) by striking ``January 1, 2006,'' in clause 
        (ii) and inserting ``January 1, 2010,'';</DELETED>
        <DELETED>    (5) by striking ``considerations.'' in clause (ii) 
        and inserting ``considerations; and''; and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Deadline.--The Federal Communications Commission shall 
prescribe regulations to implement the amendment made by subsection 
(a)(6) within 180 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 6. REDUCTION OF REQUIRED TESTS.</DELETED>

<DELETED>    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:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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 subscriber's 
                own expense for the purpose of determining their 
                eligibility for distant signals under this 
                section.''.</DELETED>

<DELETED>SEC. 7. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.</DELETED>

<DELETED>    Section 631 of the Communications Act of 1934 (47 U.S.C. 
551) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(i) Application to DBS Providers.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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,'.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 8. SPONSORSHIP IDENTIFICATION RULES FOR DBS.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act, 
the Federal Communications Commission shall modify section 76.1615 of 
its rules (47 C.F.R. 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.</DELETED>

<DELETED>SEC. 9. CERTAIN VESSELS AND AIRCRAFT.</DELETED>

<DELETED>    Section 119(a)(11) of title 17, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``recreational vehicles and 
        commercial trucks.--'' in the heading and inserting 
        ``recreational vehicles, vessels, aircraft, and commercial 
        trucks.--'';</DELETED>
        <DELETED>    (2) by striking ``and'' after the semicolon in 
        subparagraph (A)(i)(I);</DELETED>
        <DELETED>    (3) by striking ``Regulations.'' in subparagraph 
        (A)(i)(II) and inserting ``Regulations;'';</DELETED>
        <DELETED>    (4) by inserting after subclause (II) of 
        subparagraph (A)(i) the following:</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(IV) aircraft registered 
                                under section 44103 of title 
                                49.'';</DELETED>
        <DELETED>    (5) by striking ``vehicle or'' each place it 
        appears in subparagraph (A)(ii), and inserting ``vehicle, 
        vessel, aircraft, or'';</DELETED>
        <DELETED>    (6) by striking ``vehicle' '' in subparagraph 
        (A)(iii) and inserting ``vehicle, recreational vessel, 
        aircraft' '';</DELETED>
        <DELETED>    (7) by striking ``vehicle or'' each place it 
        appears in subparagraph (B), other than in clause (ii), and 
        inserting ``vehicle, recreational vessel, aircraft, 
        or'';</DELETED>
        <DELETED>    (6) 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</DELETED>
        <DELETED>    (7) by striking ``vehicle or'' in subparagraph (C) 
        and inserting ``vehicle, recreational vessel, aircraft, 
        or''.</DELETED>

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. Carriage of distant digital signals; 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. 10. Carriage of local television signals by certain satellite 
                            carriers.
Sec. 11. Retransmission of signals into adjacent local market 
                            comprising only part of a county.
Sec. 12. Carriage of television signals to certain subscribers.
Sec. 13. Satellite carriage of Alaska television stations in areas of 
                            Alaska outside any DMA.

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.

    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.
            ``(3) 18-month transition period for existing 2-dish 
        markets.--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, the requirements of 
        paragraphs (1) and (2) shall first apply to that carrier in 
        those local markets 18 months after the date of enactment of 
        the Satellite Home Viewer Extension and Rural Consumer Access 
        to Digital Television Act of 2004.
            ``(4) Enforcement.--If a satellite carrier fails to comply 
        with the requirements of this subsection--
                    ``(A) the failure to comply shall be punishable 
                under titles IV and V of this Act;
                    ``(B) each market with respect to which the 
                satellite carrier fails to comply shall be considered 
                to be a separate violation; and
                    ``(C) each day of a continuing violation shall be 
                considered to be a separate violation.''.

SEC. 4. CARRIAGE OF DISTANT DIGITAL SIGNALS; 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. Nothing in this subparagraph creates 
a statutory license under section 119(a) or (b) of title 17, United 
States Code.''.
    (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;
                            ``(ii) establish procedures for the 
                        continued refinement in the application of the 
                        model by the use of additional data as it 
                        becomes available; and
                            ``(iii) provide that any network station 
                        that would be expected to serve a household but 
                        is not serving that household due to 
                        noneconomic circumstances beyond its control 
                        will be deemed to be serving such a household; 
                        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) Preservation of existing eligibility.--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 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.
            ``(3) Local-to-local market requirement.--For purposes of 
        applying the rule prescribed by the Commission under paragraph 
        (1) only, a satellite carrier may not retransmit the digital 
        signals of a network station in any local market in which it 
        does not provide secondary transmission to subscribers located 
        within that local market of the analog signals of television 
        broadcast stations located within that local market under 
        section 338(a)(1) of this Act.
            ``(4) Notices.--
                    ``(A) By carrier to customers to whom digital 
                signal will be provided.--A satellite carrier providing 
                a distant digital signal pursuant to this section 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 any license application that will result in 
                any household ceasing to be an unserved digital 
                household, 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 this section 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 ``(d)(10)(A)'' in subclauses (I) 
                and (II) of subsection (a)(2)(B)(ii) and inserting 
                (d)(10)'';
                    (B) by striking ``339(c)(3)'' in subclause (I) of 
                subsection (a)(2)(B)(ii) and inserting ``339'';
                    (C) by striking ``339(c)(4)'' in subclause (II) of 
                subsection (a)(2)(B)(ii) and inserting ``339''; and
                    (D) 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)).''.
    (d) Completion of FCC Digital Translator Ruling.--Within 6 months 
after the date of enactment of this Act, the Federal Communications 
Commission shall complete its rulemaking entitled ``Amendments to Parts 
73 and 74 of the Commission's rules to Establish Rules for Digital Low 
Power Television, Television Translator, and Television Booster 
Stations and to Amend Rules for Digital Class A Television Stations,'' 
MB Docket No. 03-185, 18 F.C.C. Recd 18365 (rel. Aug. 29, 2003).

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:
                    ``(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 subscriber's own expense 
                for the purpose of determining their eligibility for 
                distant signals under this section.''.

SEC. 7. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

    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 C.F.R. 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 
        vehicles, 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''.

SEC. 10. CARRIAGE OF LOCAL TELEVISION SIGNALS BY CERTAIN SATELLITE 
              CARRIERS.

    (a) In General.--Section 338(a) of the Communications Act of 1934 
(47 U.S.C. 338(a)) is amended--
            (1) by striking ``(2),'' and inserting ``(2) and except as 
        provided by paragraph (3),'';
            (2) by striking ``under this subsection'' in paragraph (2) 
        and inserting ``under paragraph (1)''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Certain broadcast areas.--
                    ``(A) Single network station states.--A satellite 
                carrier may elect to carry also the signal of a 
                commercial television broadcast station that was the 
                only network station (as defined in section 339(d)(3)) 
                in that State as of January 1, 1995, for secondary 
                transmission to subscribers in any community in that 
                State that is not within 1 of the first 50 major 
                television markets listed in section 76.51(a) of the 
                Commission's regulations (47 C.F.R. 76.51(a)), as such 
                regulations were in effect on January 1, 1995, if the 
                satellite carrier is retransmitting the signal of the 
                station pursuant to paragraph (1) of this subsection or 
                section 325(b) of this Act.
                    ``(B) Multiple network station states.--A satellite 
                carrier may elect to carry also the signals of any 
                network station (as defined in section 339(d)(3)) or 
                superstation (as defined in section 325(b)(2)) in a 
                State in which--
                            ``(i) all network stations and 
                        superstations licensed by the Commission as of 
                        January 1, 1995, were assigned to the same 
                        local market, and
                            ``(ii) that local market does not encompass 
                        all counties of that State,
                for secondary transmission to subscribers in that State 
                who reside in one of the first 50 major television 
                markets listed in section 76.51(a) of the Commission's 
                regulations (47 C.F.R. 76.51(a)), as such regulations 
                were in effect on January 1, 1995, if the satellite 
                carrier is retransmitting the signals pursuant to 
                paragraph (1) of this subsection or section 325(b) of 
                this Act.''.
    (b) Conforming Amendment.--Section 122(j)(2) of title 17, United 
States Code, is amended by adding at the end the following:
            ``(D) Certain states.--If a satellite carrier elects, under 
        section 338(a)(3)(A) or (B) of the Communications Act of 1934 
        (47 U.S.C. 338(a)(3)(A) or (B)), to carry the signal of a 
        network station or superstation then, in addition to the area 
        described in subparagraph (A) of this paragraph, the local 
        market of that station includes, solely for the purposes of the 
        secondary transmission of that signal by the satellite carrier, 
        all households within the geographic borders of the State in 
        which that station is licensed.''.

SEC. 11. RETRANSMISSION OF SIGNALS INTO ADJACENT LOCAL MARKET 
              COMPRISING ONLY PART OF A COUNTY.

    Section 339 of the Communications Act of 1934 (47 U.S.C. 339), as 
amended by section 4 of this Act, is amended by adding at the end the 
following:
            ``(8) 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.''.

SEC. 12. 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. 340. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.

    ``(a) In General.--A multichannel video programming distributor may 
elect to retransmit, to subscribers in an eligible county--
            ``(1) any television broadcast stations that are located in 
        the State in which the county is located and that any 
        multichannel video programming distributor was retransmitting 
        to subscribers in the county on January 1, 2004; or
            ``(2) 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 multichannel video 
        programming distributor is authorized to carry under paragraph 
        (1) is less than 3.
    ``(b) Deemed Significantly Viewed.--Any 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 C.F.R. 76.54).
    ``(c) Definition of Eligible County.--For purposes of this 
subsection, the term `eligible county' means any 1 of 4 counties that--
            ``(1) are in a single State;
            ``(2) on January 1, 2004, were in local markets principally 
        comprised of counties in another State; and
            ``(3) had a combined total of 41,340 television households 
        according to the U.S. Television Household Estimates by Nielsen 
        Media Research for 2003-2004.
    ``(d) Limitation.--Carriage of a station under this section shall 
be at the option of the multichannel video programming distributor.''.

SEC. 13. SATELLITE CARRIAGE OF ALASKA TELEVISION STATIONS IN AREAS OF 
              ALASKA OUTSIDE ANY DMA.

    (a) Carriage Obligations.--Section 338(a) of the Communications Act 
of 1934 (47 U.S.C. 338(a)), as amended by section 10 of this Act, is 
amended by adding at the end thereof the following:
            ``(4) Carriage of 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, within 2 years after the date 
        of enactment of the Satellite Home Viewer Extension and Rural 
        Consumer Access to Digital Television Act of 2004, retransmit 
        the analog and digital signals of each television broadcast 
        station located in any local market within a State that is not 
        part of the contiguous United States and that contains more 
        than one television market. 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 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.''.
    (b) No Importation of Distant Television Stations in Alaska After 
Local-to-Local Is Available.--Section 119(a) of title 17, United States 
Code, is amended by adding at the end thereof the following:
            ``(13) No importation of distant signals into certain 
        markets.--Notwithstanding any other provision of this title, 
        the statutory license in this subsection and subsection (b) 
        shall not apply to any secondary transmission of a television 
        station located outside of the State of Alaska to any 
        subscriber in that State to whom secondary transmissions of 
        television stations located in that State are made available by 
        the satellite carrier pursuant to section 122.''.
    (c) Extra-DMA Deemed Local.--Section 122(j)(2) of title 17, United 
States Code, as amended by section 10(b) of this Act, is further 
amended by adding at the end thereof the following:
                    ``(E) 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.''.
                                                       Calendar No. 815

108th CONGRESS

  2d Session

                                S. 2644

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 19, 2004

                       Reported with an amendment