[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Senate]
[Page S8201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ACCESS TO NETWORK STATIONS VIA SATELLITE TELEVISION

  Mr. BYRD. Mr. President, I rise to urge a speedy resolution to the 
conference the House- and Senate-passed versions of H.R. 1554, the 
Satellite Home Viewer Improvement Act. I hope that the conferees will 
meet soon, and that the Congress can take final action on this matter.
  This is a much needed measure to enhance the satellite television 
industry's ability to compete with cable television. Currently, cable 
has a commanding 85 percent share of the multichannel video programming 
distribution market. Satellite serves only 12.1 percent of the market. 
The 1988 Satellite Home Viewer Act enacted in 1988 put in place certain 
impediments to satellite carriers being truly competitive with cable. 
This measure alleviates those roadblocks and will promote real 
competition. This is good news for consumers. Prices should come down, 
and the diversity of programming offered should increase.
  The Senate version of H.R. 1554 would remove the 90-day waiting 
period for receipt of broadcast network signals that consumers 
currently face when switching from cable to satellite television 
reception. It would authorize satellite carriers to offer local 
television station broadcasts to their customers. This provision would 
go a long way toward leveling the playing field between cable and 
satellite television. One of the major deterrents to purchasing 
satellite television has been the inability to watch local broadcast 
programming. The bill also contains a ``must carry'' provision, meaning 
that all local stations must be carried by the satellite carriers by 
January 1, 2002.
  But, Mr. President, the aspect of this legislation that my 
constituents are most immediately concerned about is their current 
access to distant network signals through their satellite television 
systems. As I drive through the mountains of West Virginia, I am awed 
by their beauty and majesty. West Virginia truly is an amazing state in 
which to live, sometimes described as ``all ups and downs.'' Flattened 
out as you would a crumpled piece of paper, a topographic map of West 
Virginia would move up the ranks from one of the smaller states in the 
Union to one of the largest. This awe-inspiring geography presents 
unique challenges to my constituents. One of those challenges is the 
ability to receive over-the-air broadcast signals. Many of my 
constituents, through no fault of their own, are having those signals 
terminated. While they may live in an area that is supposed to get a 
signal from the local broadcast station, many times geography and other 
factors result in a picture that is not acceptable. Under current law, 
if a household should be able to receive broadcast network signals with 
an antenna, that household is ineligible to receive distant network 
signals from their satellite provider. This leaves many West Virginians 
with little recourse. Their street address or zip code indicates that 
they should be able to receive local stations with a rooftop antenna, 
but the steep hillsides that form their backyards make that impossible.
  In an effort to address this issue, under the Senate-passed version 
of H.R. 1554, customers who were receiving a distant network signal 
before July 11, 1998, would receive those signals until December 31, 
1999. After that date, the affiliate network signals of customers 
residing within the Grade A contours, the areas closest to the 
broadcast station, would be cut off. This bill will allow satellite 
subscribers outside of the grade A contour, but within the grade B 
contour, to continue to receive their distant network signals after 
December 31, 1999, subject to an FCC rulemaking. I believe this is a 
fair way to deal with subscribers who, through no fault of their own, 
would otherwise have distant network signals terminated.
  I am a strong supporter of local broadcasters, and I believe that 
they perform an important function for local communities. The local 
news and emergency services broadcasters provide are invaluable and 
should be protected. While I understand the concerns expressed by local 
broadcasters, I am not convinced that the grandfathering provision 
included in the Senate bill will constitute significant harm to their 
livelihoods.
  I urge the conferees to complete action so that Congress can quickly 
enact this legislation to provide relief to the many people throughout 
West Virginia and the Nation.
  I apologize to all officers, Senators's aides and Members of the 
staff for the late hour, but I think that is perhaps better than being 
in session tomorrow.

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