[Congressional Record Volume 145, Number 37 (Tuesday, March 9, 1999)]
[Extensions of Remarks]
[Page E365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E365]]



                     THE SATELLITE HOME VIEWERS ACT

                                 ______
                                 

                             HON. RICK HILL

                               of montana

                    in the house of representatives

                         Tuesday, March 9, 1999

  Mr. HILL of Montana. Mr. Speaker, I wanted to thank you for allowing 
me to take a moment to discuss an issue that is very near and dear to 
many Montanans hearts--their satellite service. Many Montanans and 
others in rural America have been contacting us regarding the dispute 
over distant network satellite service between local broadcasters and 
satellite providers. I share the concerns that many Montanans may be 
left without network signals if we do not take appropriate action.
  In a state as large as Montana, there are many areas that cannot 
receive a decent broadcast signal of local television stations. For 
many, the only recourse is to invest in satellite equipment and 
programing packages in order to receive television programing. 
Recently, the United States District Court for the Southern District of 
Florida (Case No. 96-3650-CIV-NESBITT) issued a preliminary injunction 
that requires the termination of network satellite service to over one 
million subscribers across the United States that fall within the 
``Grade B'' contour.
  The Satellite Broadcasting and Communications Association stated that 
the Satellite Home Viewer Act (SHVA) provides that Americans who cannot 
receive an acceptable signal over-the-air from their local network 
affiliate are classified as ``unserved household'' and are therefore, 
eligible to receive network service via satellite. An ``unserved 
household'' is one that cannot receive a television signal of ``Grade 
B'' intensity (as defined by the FCC). Grade B is a technical 
measurement used by the FCC to determine predictive signal distribution 
for tower placement for the broadcasters.
  Because the SHVA does not provide clear guidance on which households 
may lawfully receive network signals by satellite, and no 
straightforward testing mechanism exists to ascertain which households 
are ``served,'' there is confusion in the marketplace. Unfortunately, 
this leaves millions of consumers caught in the middle. Local 
broadcasters in Montana have assured me of their willingness to work 
with Montanans who are determined to be ``served households'' by the 
FCC, but do not actually receive a quality broadcast signal by 
individually testing service and issuing waivers to allow them to 
continue receiving network signals via satellite. And they will be 
trying to get a waiver to seek a waiver from his or her local 
television broadcaster, and provided certain criteria are met, may 
ensure the continued delivery of network programming service via 
satellite. I have urged many Montanans who do not receive a signal to 
contact their individual broadcast stations for a waiver. I have heard 
from many Montanans that some local broadcasters have been willing to 
work with them, and unfortunately some haven't.
  However, there are some cases that there is a unfair burden on the 
local broadcasters for them to go to every household to prove if they 
receive a signal. But we must take action to correct this very 
concerning problem.
  I appreciate that the Subcommittee Chairman, Mr. Billy Tauzin, has 
focused his efforts to come up with a legislative fix to address this 
matter. On February 25th, Representative Tauzin introduced the Save our 
Satellites Act (H.R. 851) that seeks to save network television signals 
for consumers who will unfairly lose access to satellite-delivered 
network programming. I am an original cosponsor if this legislation and 
fully support its passage.
  The Save our Satellites Act preserves the status quo for 90 days so 
that a more reliable method of determining who is eligible to receive 
network programming can be implemented. This is a good first step 
toward defusing this emergency situation for rural satellite consumers. 
I look forward to working with Mr. Tauzin and other Members of Congress 
to find common sense solutions to this very important issue.

                          ____________________