[Congressional Record Volume 140, Number 62 (Wednesday, May 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           SATELLITE COMPULSORY LICENSE EXTENSION ACT OF 1994

  Mr. FORD. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 422, S. 1485, 
the Satellite Compulsory License Extension Act of 1994; that the 
committee substitute amendment be agreed to and the bill, as amended, 
be deemed read three times, passed, and the motion to reconsider laid 
upon the table, and any statements appear in the Record as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 1485), was deemed to have been considered, read three 
times, and passed, as follows:

                                S. 1485

       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 Compulsory License 
     Extension Act of 1994''.

     SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS.

       Section 119 of title 17, United States Code, is amended--
       (1) in subsection (a)(2)(C)--
       (A) by striking out ``90 days after the effective date of 
     the Satellite Home Viewer Act of 1988, or'';
       (B) by striking out ``whichever is later,'';
       (C) by inserting ``name and'' after ``identifying (by'' 
     each place it appears; and
       (D) by striking out ``, on or after the effective date of 
     the Satellite Home Viewer Act of 1988,'';
       (2) in subsection (a)(5)--
       (A) in subparagraph (C) by striking out ``the Satellite 
     Home Viewer Act of 1988'' and inserting in lieu thereof 
     ``this section''; and
       (B) by adding at the end thereof the following new 
     subparagraphs:
       ``(D) Burden of proof.--In any action brought under this 
     subsection, the satellite carrier shall have the burden of 
     proof (in the case of a primary transmission by a network 
     station) that a subscriber is an unserved household.
       ``(E) Signal intensity measurement; loser pays.--
       ``(i) Grade b contour.--(I) Within the Grade B Contour, 
     upon a challenge by a network affiliate regarding whether a 
     subscriber is an unserved household, the satellite carrier 
     shall--

       ``(aa) deauthorize service to that household; or
       ``(bb) conduct a measurement of the signal intensity of the 
     subscriber's household to determine whether the household is 
     unserved.

       ``(II) If the carrier conducts a signal intensity 
     measurement under subclause (I) and the measurement indicates 
     that--

       ``(aa) the household is not an unserved household, the 
     carrier shall immediately deauthorize the service to that 
     household; or
       ``(bb) the household is an unserved household, the 
     affiliate challenging the service shall reimburse the carrier 
     for the costs of the signal measurement, within 45 days after 
     receipt of the measurement results and a statement of the 
     costs.

       ``(III)(aa) Notwithstanding subclause (II), a carrier may 
     not be required to test in excess of 5 percent of the 
     subscribers that have subscribed to service before the 
     effective date of the Satellite Compulsory License Extension 
     Act of 1994, within any market during a calendar year.
       ``(bb) If a network affiliate challenges whether a 
     subscriber is an unserved household in excess of the 5 
     percent of the subscribers within any market, the affiliate 
     may conduct its own signal intensity measurement. If such 
     measurement indicates that the household is not an unserved 
     household, the carrier shall immediately deauthorize service 
     to that household and reimburse the affiliate, within 45 days 
     after receipt of the measurement and a statement of costs.
       ``(ii) Outside the grade b contour.--(I) Outside the Grade 
     B Contour, if a network affiliate challenges whether a 
     subscriber is an unserved household the affiliate shall 
     conduct a signal intensity measurement of the subscriber's 
     household to determine whether the household is unserved.
       ``(II) If the affiliate conducts a signal intensity 
     measurement under subclause (I) and the measurement indicates 
     that--

       ``(aa) the household is not an unserved household, the 
     affiliate shall forward the results to the carrier who shall 
     immediately deauthorize service to the household, and 
     reimburse the affiliate within 45 days after receipt of the 
     results and a statement of the costs; or
       ``(bb) the household is an unserved household, the 
     affiliate shall pay the costs of the measurement.

       ``(iii) Recovery of measurement costs in a civil action.--
     In any civil action filed relating to the eligibility of 
     subscribing households, a challenging affiliate shall 
     reimburse a carrier for any signal intensity measurement that 
     indicates the household is an unserved household.'';
       (3) in subsection (b)(1)(B)--
       (A) in clause (i) by striking out ``12 cents'' and 
     inserting in lieu thereof ``17.5 cents per subscriber in the 
     case of superstations not subject to syndicated exclusivity 
     under the regulations of the Federal Communications 
     Commission, and 14 cents per subscriber in the case of 
     superstations subject to such syndicated exclusivity''; and
       (B) in clause (ii) by striking out ``3'' and inserting in 
     lieu thereof ``6'';
       (4) in subsection (c)--
       (A) in the heading for paragraph (1) by striking out 
     ``Determination'' and inserting in lieu thereof 
     ``Adjustment'';
       (B) in paragraph (1)--
       (i) by striking out ``December 31, 1992, unless''; and
       (ii) by striking out ``After that date,'' and inserting in 
     lieu thereof ``All adjustments of'';
       (C) in paragraph (2)--
       (i) in subparagraph (A) by striking out ``July 1, 1991,'' 
     and inserting in lieu thereof ``January 1, 1996,''; and
       (ii) in subparagraph (D) by striking out ``until December 
     31, 1994'' and inserting in lieu thereof ``in accordance with 
     the terms of the agreement''; and
       (D) in paragraph (3)(A) by striking out ``December 31, 
     1991,'' and inserting in lieu thereof ``July 1, 1996,''; and
       (5) in subsection (d)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Network station.--The term `network station' means--
       ``(A) a television broadcast station, including any 
     translator station or terrestrial satellite station that 
     rebroadcasts all or substantially all of the programming 
     broadcast by a network station, that is owned or operated by, 
     or affiliated with, one or more of the television networks in 
     the United States which offer an interconnected program 
     service on a regular basis for 15 or more hours per week to 
     at least 25 of its affiliated television licensees in 10 or 
     more States; or
       ``(B) any noncommercial educational station, as defined in 
     section 111(f) of this title, that is a member of the public 
     broadcasting service.''; and
       (B) in paragraph (6) by inserting ``and operates in the 
     Fixed Satellite Service under part 25 of title 47 of the Code 
     of Federal Regulations or the Direct Broadcast Satellite 
     Service under part 100 of title 47 of the Code of Federal 
     Regulations,'' after ``Commission,''.

     SEC. 3. CABLE COMPULSORY LICENSE.

       Section 111(f) of title 17, United States Code, is 
     amended--
       (1) in the paragraph relating to the definition of ``cable 
     system'' by striking out ``wires, cables'' and inserting in 
     lieu thereof ``wires, microwave, cables''; and
       (2) in the paragraph relating to the definition of ``local 
     service area of a primary transmitter''--
       (A) by striking out ``comprises the area'' and inserting in 
     lieu thereof ``comprises either the area''; and
       (B) by inserting after ``April 15, 1976,'' the following: 
     ``or such station's television market as defined in section 
     76.55(e) of title 47, Code of Federal Regulations (as in 
     effect on September 18, 1993), or any subsequent 
     modifications to such television market made pursuant to 
     section 76.55(e) or 76.59 of title 47 of the Code of Federal 
     Regulations,''.

     SEC. 4. TERMINATION.

       (a) Expiration of Amendments.--Section 119 of title 17, 
     United States Code, as amended by section 2 of this Act, 
     ceases to be effective on December 31, 1999.
       (b) Technical and Conforming Amendment.--Section 207 of the 
     Satellite Home Viewer Act of 1988 (17 U.S.C. 119 note) is 
     repealed.

     SEC. 5. EFFECTIVE DATE.

       (a) In General.--Except as provided under subsection (b), 
     the provisions of this Act and amendments made by this Act 
     shall take effect on the date of the enactment of this Act.
       (b) Burden of Proof Provisions.--The provisions of section 
     119(a)(5)(D) of title 17, United States Code, (as added by 
     section 2(2)(B) of this Act) relating to the burden of proof 
     of satellite carriers, shall take effect on January 1, 1997, 
     with respect to civil actions relating to the eligibility of 
     subscribers who subscribed to service as an unserved 
     household before the date of the enactment of this Act.

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