[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2994 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2994

To reauthorize the Satellite Home Viewer Extension and Reauthorization 
                  Act of 2004, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2009

  Mr. Boucher (for himself and Mr. Stearns) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Satellite Home Viewer Extension and Reauthorization 
                  Act of 2004, 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 ``Satellite Home Viewer 
Reauthorization Act''.

SEC. 2. EXTENSION OF AUTHORITY.

    Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 
is amended--
            (1) in paragraph (2)(C), by striking ``December 31, 2009'', 
        and inserting ``December 31, 2014''; and
            (2) in paragraph (3)(C), by striking ``January 1, 2010'', 
        each place it appears in clauses (ii) and (iii) and inserting 
        ``January 1, 2015''.

SEC. 3. SIGNIFICANTLY VIEWED STATIONS.

    (a) In General.--Paragraphs (1) and (2) of section 340(b) of such 
Act (47 U.S.C. 340(b)) are amended to read as follows:
            ``(1) Service limited to subscribers taking local-into-
        local service.--This section shall apply only to 
        retransmissions to subscribers of a satellite carrier who 
        receive retransmissions of a signal from that satellite carrier 
        pursuant to section 338.
            ``(2) Service limitations.--A satellite carrier may 
        retransmit to a subscriber in high definition format the signal 
        of a station determined by the Commission to be significantly 
        viewed under subsection (a) only if such carrier also 
        retransmits in high definition format the signal of a station 
        located in the local market of such subscriber and affiliated 
        with the same network whenever such format is available from 
        such station.''.
    (b) Rulemaking Required.--Within 180 days after the date of the 
enactment of this Act, the Commission shall take all actions necessary 
to promulgate a rule to implement the amendments made by subsection 
(a).

SEC. 4. CONFORMING AMENDMENTS.

    (a) Section 338.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is amended--
            (1) in subsection (a), by striking ``(3) effective date.--
        No satellite'' and all that follows through ``until January 1, 
        2002.''; and
            (2) by amending subsection (g) to read as follows:
    ``(g) Carriage of Local Stations on a Single Reception Antenna.--
            ``(1) Single reception antenna.--Each satellite carrier 
        that retransmits the signals of local television broadcast 
        stations in a local market shall retransmit such stations in 
        such market so that a subscriber may receive such stations by 
        means of a single reception antenna and associated equipment.
            ``(2) Additional reception antenna.--If the carrier 
        retransmits the signals of local television broadcast stations 
        in a local market in high definition format, the carrier shall 
        retransmit such signals in such market so that a subscriber may 
        receive such signals by means of a single reception antenna and 
        associated equipment, but such antenna and associated equipment 
        may be separate from the single reception antenna and 
        associated equipment used to comply with paragraph (1).''.
    (b) Section 339.--Section 339 of such Act (47 U.S.C. 339) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by striking ``Such two 
                network stations'' and all that follows through ``more 
                than two network stations.''; and
                    (B) in paragraph (2)--
                            (i) in the heading for subparagraph (A), by 
                        striking ``to analog signals'';
                            (ii) in subparagraph (A)--
                                    (I) in the heading for clause (i), 
                                by striking ``analog'';
                                    (II) in clause (i)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``2004'' 
                                        and inserting ``2009'';
                                    (III) in the heading for clause 
                                (ii), by striking ``analog''; and
                                    (IV) in clause (ii)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``2004'' 
                                        and inserting ``2009'';
                            (iii) in the heading for subparagraph (B), 
                        by striking ``to analog signals'';
                            (iv) in subparagraph (B), by striking 
                        ``analog'' each place it appears;
                            (v) in subparagraph (C)--
                                    (I) by striking ``analog'' each 
                                place it appears; and
                                    (II) in clause (i), by striking 
                                ``the Satellite Home Viewer Extension 
                                and Reauthorization Act of 2004'' and 
                                inserting ``the Satellite Home Viewer 
                                Reauthorization Act'';
                            (vi) in subparagraph (D)--
                                    (I) by striking clauses (i), (iii) 
                                through (v), (vii) through (ix), and 
                                (xi);
                                    (II) by redesignating clause (vi) 
                                as clause (i);
                                    (III) by amending such clause (i) 
                                (as so redesignated) to read as 
                                follows:
                            ``(i) Signal testing.--A subscriber shall 
                        be eligible to receive a distant signal of a 
                        distant network station affiliated with the 
                        same network under this section if such 
                        subscriber is determined, based on a test 
                        conducted in accordance with section 73.686(d) 
                        of title 47, Code of Federal Regulations, or 
                        any successor regulation, not to be able to 
                        receive a signal that exceeds the signal 
                        intensity standard in section 73.622(e)(1) of 
                        title 47, Code of Federal Regulations.'';
                                    (IV) in clause (ii)--
                                            (aa) by striking 
                                        ``digital'' in the heading;
                                            (bb) by striking 
                                        ``digital'' each place it 
                                        appears;
                                            (cc) by striking 
                                        ``Satellite Home Viewer 
                                        Extension and Reauthorization 
                                        Act of 2004'' and inserting 
                                        ``Satellite Home Viewer 
                                        Reauthorization Act''; and
                                            (dd) by striking ``, 
                                        whether or not such subscriber 
                                        elects to subscribe to local 
                                        digital signals''; and
                                    (V) by redesignating clause (x) as 
                                clause (iii); and
                            (vii) in subparagraph (E), by striking 
                        ``distant analog signal or'' and all that 
                        follows through ``(B), or (D))'' and inserting 
                        ``distant signal''; and
            (2) in subsection (c)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) Establishment of improved predictive model and on-
        location testing required.--
                    ``(A) Predictive model.--Within 180 days after the 
                date of the enactment of the Satellite Home Viewer 
                Reauthorization Act, the Commission shall take all 
                actions necessary to develop and prescribe by rule a 
                point-to-point predictive model for reliably and 
                presumptively determining the ability of individual 
                locations to receive signals in accordance with the 
                signal intensity standard in section 73.622(e)(1) of 
                title 47, Code of Federal Regulations, including to 
                account for the continuing operation of translator 
                stations and low power television stations. The 
                Commission shall establish procedures for the continued 
                refinement in the application of the model by the use 
                of additional data as it becomes available.
                    ``(B) On-location testing.--The Commission shall 
                issue an order completing its rulemaking proceeding in 
                ET Docket No. 06-94 within 180 days after the date of 
                enactment of the Satellite Home Viewer Reauthorization 
                Act. As part of such rulemaking proceeding, the 
                Commission shall reexamine section 73.686(d) of title 
                47, Code of Federal Regulations, taking into account, 
                at a minimum--
                            ``(i) the effects of the transition to 
                        digital television broadcasting; and
                            ``(ii) the continuing operation of 
                        translator stations and low power television 
                        stations.'';
                    (B) by amending paragraph (4)(A) to read as 
                follows:
                    ``(A) In general.--If a subscriber's request for a 
                waiver under paragraph (2) is rejected and the 
                subscriber submits to the subscriber's satellite 
                carrier a request for a test verifying the subscriber's 
                inability to receive a signal of the signal intensity 
                referenced in clause (i) of subsection (a)(2)(D), the 
                satellite carrier and the network station or stations 
                asserting that the retransmission is prohibited with 
                respect to that subscriber shall select a qualified and 
                independent person to conduct the test referenced in 
                such clause. Such test shall be conducted within 30 
                days after the date the subscriber submits a request 
                for the test. If the written findings and conclusions 
                of a test conducted in accordance with such clause 
                demonstrate that the subscriber does not receive a 
                signal that meets or exceeds the requisite signal 
                intensity standard in such clause, the subscriber shall 
                not be denied the retransmission of a signal of a 
                network station under section 119 of title 17, United 
                States Code.'';
                    (C) in paragraph (4)(B), by striking ``the signal 
                intensity'' and all that follows through ``United 
                States Code'' and inserting ``such requisite signal 
                intensity standard''; and
                    (D) in paragraph (4)(E), by striking ``Grade B 
                intensity''.
    (c) Section 340.--Section 340(i) of such Act (47 U.S.C. 340(i)) is 
amended by striking paragraph (4).

SEC. 5. APPLICATION PENDING COMPLETION OF RULEMAKINGS.

    (a) In General.--Between the date of enactment of this Act and the 
adoption of rules by the Commission pursuant to the amendments to the 
Communications Act of 1934 made by sections 3 and 4 of this Act, the 
Commission shall follow its rules and regulations promulgated pursuant 
to sections 338, 339, and 340 of the Communications Act of 1934 as in 
effect on the day before the date of enactment of this Act.
    (b) Translator Stations and Low Power Television Stations.--
Notwithstanding subsection (a), for purposes of determining whether a 
subscriber within the local market served by a translator station or a 
low power television station affiliated with a television network is 
eligible to receive distant signals under section 339 of such Act, the 
Commission shall follow its rules and regulations for determining such 
subscriber's eligibility as in effect on the day before the date of 
enactment of this Act until the date on which the translator station or 
low power television station is licensed to broadcast a digital signal.
    (c) Definitions.--As used in this section:
            (1) Local market; low power television station; satellite 
        carrier; subscriber; television broadcast station.--The terms 
        ``local market'', ``low power television station'', ``satellite 
        carrier'', ``subscriber'', and ``television broadcast station'' 
        have the meanings given such terms in section 338(k) of the 
        Communications Act of 1934.
            (2) Network station; television network.--The terms 
        ``network station'' and ``television network'' have the 
        meanings given such terms in section 339(d) of such Act.
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