[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2669 Introduced in Senate (IS)]

  2d Session
                                S. 2669

   To amend the Communications Act of 1934 to enhance the ability of 
    direct broadcast satellite providers to offer additional local 
 broadcast services to consumers under limited circumstances, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2004

   Mr. Sununu (for himself, Mr. Gregg, Mr. Jeffords, and Mr. Leahy) 
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 to enhance the ability of 
    direct broadcast satellite providers to offer additional local 
 broadcast services to consumers under limited circumstances, 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.

    This Act may be cited as the ``Direct Broadcast Satellite North 
Country Access Act''.

SEC. 2. 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.''.
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