[Senate Report 111-385]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 709
111th Congress 
 2d Session                      SENATE                          Report
                                                                111-385
_______________________________________________________________________

                                     

                                                       

        SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2009

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2764



                                     

               December 22, 2010.--Ordered to be printed






                   U.S. GOVERNMENT PRINTING OFFICE
99-010                     WASHINGTON : 2010





       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel




                                                       Calendar No. 709
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-385

======================================================================



 
        SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2009

                                _______
                                

               December 22, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 2764]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2764) to reauthorize the 
Satellite Home Viewer Extension and Reauthorization Act of 2004 
(SHVERA), having considered the same, reports favorably thereon 
with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 2764, the Satellite Television Extension 
and Localism Act of 2009 (STELA) is to reauthorize and amend 
certain provisions of the Communications Act of 1934 that 
govern satellite retransmission of television broadcast signals 
that are set to expire at the end of 2009 and to update the 
Communications Act to reflect the transition of full-power 
television stations from analog to digital systems.

                          Background and Needs

  Direct broadcast satellite (DBS) service is a nationally 
distributed subscription service that delivers video and audio 
programming over satellite to a small antenna located at a 
subscriber's residence. The Federal Communications Commission 
(Commission or FCC) first authorized the service in 1988, which 
became commercially available in 1994. Currently, there are two 
major DBS providers, DIRECTV and Dish Network.
  Over the past 15 years, subscribership to DBS service has 
grown substantially, and satellite carriers have become 
significant competitors to cable operators. As of June 2006, 
approximately 87 percent of households in the United States 
subscribed to a multichannel video programming distributor 
(MVPD), which includes cable operators, satellite carriers, and 
new telephone company entrants offering comparable video 
programming packages. Of the total number of MVPD subscribers, 
29.2 percent are satellite customers. As of that date, DIRECTV 
was the largest DBS provider and the second largest MVPD. Dish 
Network was the second largest DBS provider and the third 
largest MVPD.
  Where satellite carriers offer subscribers access to local 
broadcast signals, they have been more successful in competing 
with terrestrial-based MVPDs. The licensing and regulatory 
regime that enables satellite operators to retransmit broadcast 
signals to subscribers has developed through a series of laws, 
of which SHVERA is the latest.
  Satellite Home Viewer Act (SHVA). Starting in the 1960s, the 
cable industry began to offer broadcast programming to its 
customers without paying broadcast television stations 
copyright royalties. To address this, Congress passed the 
Copyright Revision Act of 1976 (Copyright Act), which made 
cable provider retransmission of broadcast signals without a 
license a copyright violation. It also established a compulsory 
copyright license and statutory royalty regime to allow the 
retransmission of broadcast programming.
  In 1988, Congress passed SHVA, creating a similar compulsory 
copyright license in section 119 of the Copyright Act for 
satellite carriers. A significant difference was that it 
allowed satellite carriers to retransmit broadcast network and 
superstation (e.g., WGN) programming only to those households 
unable to receive viewable signals using over-the-air antennas 
(so-called ``unserved households''). The reason for this 
limitation was to preserve ``localism'' and to prevent non-
local or ``distant'' signals from taking viewers away from 
local stations that provide community-focused programming such 
as local news and weather. SHVA established a 5-year compulsory 
copyright license, under which a satellite carrier may 
retransmit distant network signals to unserved households 
without permission from the copyright owners as well as 
established a government-set copyright royalty to be paid by 
such carrier.
  SHVA also established the ``Grade B contour'' around a 
broadcast tower as the determining factor as to whether a 
particular household was eligible to receive distant signals 
from a satellite operator. Individuals living inside a Grade B 
contour were not allowed to receive distant signals, while 
those outside the contour were. Following the passage of SHVA, 
some satellite carriers began to offer distant signals to 
served as well as unserved households. Network broadcasters 
brought suit against one satellite carrier, Primetime 24, 
asserting that it willfully violated SHVA by providing distant 
network signals to households that did not meet the definition 
of ``unserved.'' In 1998, the court found for the broadcasters 
and issued a permanent injunction prohibiting Primetime 24 from 
using the section 119 license to offer distant network signals. 
The injunction was to take effect in stages the following year 
and would have resulted in over 2 million subscribers who were 
receiving the signals illegally losing access to distant 
network signals. While this service was terminated for some 
subscribers, the parties agreed to postpone the termination of 
service for the remaining subscribers until the end of 1999.
  Satellite Home Viewer Improvement Act (SHVIA). By the end of 
1999, Congress had passed SHVIA. The act extended the 
compulsory license regime of SHVA for an additional 5 years and 
grandfathered certain customers who were receiving distant 
signals illegally. SHVIA also established a ``waiver process'' 
under which consumers in an unserved market who cannot receive 
local broadcast stations over-the-air, despite residing within 
a Grade B contour, may seek a waiver to receive distant 
signals.
  A significant change in SHVIA was the creation of a new, 
permanent, and free compulsory copyright license in section 122 
of the Copyright Act, which permits satellite carriers to 
retransmit local broadcast signals back into the same local 
market from which they originated (local-into-local service). 
The local market was defined by reference to the Nielsen 
Designated Market Area (DMA). This provision was intended to 
increase competition between satellite and cable operators. 
Congress determined that over-the-air television would not be 
adversely impacted and that advertising revenue would increase 
because more viewers would have access to local stations.
  Satellite carriers are not required to provide local-into-
local service to subscribers within a DMA, but if an operator 
decides to provide local programming in a market, it is 
required to carry all the local broadcast stations in the 
market. This so-called ``carry one, carry all'' provision, 
which is codified in section 338 of the Communications Act, has 
an exception for duplicative stations and requires the 
broadcaster seeking carriage to provide a good quality signal.
  Generally, under section 325 of the Communications Act, cable 
and satellite carriers are prohibited (with some exceptions) 
from retransmitting the signal of a broadcast television 
station without the express authority of the station. In SHVIA, 
Congress exempted a satellite carrier from having to obtain 
retransmission consent with respect to distant network signals 
for five years. Satellite carriers, however, still must comply 
with other FCC rules and regulations, including the network 
non-duplication rule, the syndicated exclusivity rule, and, to 
the extent feasible, the sports blackout rule.
  SHVERA. Five years later, driven by the expiration of the 
compulsory copyright licenses in section 119 of the Copyright 
Act and the retransmission consent exception in section 325 of 
the Communications Act, Congress passed SHVERA, which was 
enacted on December 8, 2004. In addition to extending the 
distant signal license and the retransmission consent exemption 
for distant signals until December 31, 2009, SHVERA 
acknowledged that stations were starting to transition to 
digital broadcasting. Congress directed the FCC to study and 
report on a digital signal strength standard as well as testing 
procedures.
  SHVERA also established a regime for the delivery of certain 
``significantly viewed'' signals to consumers living in a DMA 
adjacent to the DMA from which a signal originated. Under 
SHVIA, broadcast signals originating from neighboring DMAs 
would not be considered local even if members of a community 
could view them over the air. SHVERA created a copyright 
license that gives satellite carriers the option to offer 
subscribers signals from an adjacent DMA, if they live in a 
community that meets the ``significantly viewed'' definition. 
SHVERA also grants satellite carriers retransmission rights for 
such ``significantly viewed'' signals.
  In addition, the act sought to rationalize a patchwork of 
local and distant network signal service that grew as satellite 
carriers offered local-into-local service in more markets. 
SHVERA established a framework for when subscribers were 
eligible to receive distant versus local signals. For example, 
in areas where local signals were offered, certain subscribers 
who illegally received distant signals prior to SHVIA had to 
elect whether to receive local or distant network signals. They 
could no longer receive both. In comparison, with limited 
exceptions, new customers in markets where local-into-local 
service is offered may only receive local signals.
  Transition to Digital. On June 12, 2009, the nation's full 
power television stations ceased analog broadcasts and began 
broadcasting only digital signals. This shift necessitates a 
series of amendments to the Communications Act to both remove 
references to analog broadcast television signals and to ensure 
that the Commission adjusts its rules related to the 
retransmission of digital broadcast signals in a timely manner.

                         Summary of Provisions

  S. 2764, the Satellite Television Extension and Localism Act 
of 2009, would amend the Communications Act to extend for five 
years various provisions set to expire at the end of 2009; to 
reflect the transition of full-power television stations from 
analog to digital; direct the FCC to complete its on-location 
testing proceeding and consider ways to minimize consumer 
burdens associated with such testing; to make sure consumers 
who are lawfully receiving distant network signals as of the 
date of enactment do not lose access to those signals; to 
require satellite carriers within two years to carry the high 
definition (HD) local signals of noncommercial, educational 
television stations into markets where the satellite carrier 
offers other local HD stations; to direct the FCC to conduct a 
study of the current DMA system, including the extent to which 
consumers in each local market have access to in-state 
broadcast programming; to encourage satellite carriers to carry 
state-wide public affairs networks; and to direct the 
Comptroller General to study and report within 12 months of 
enactment on the changes to communications laws and regulations 
that would be necessary or beneficial to consumers should 
Congress phase-out the statutory licensing requirements set 
forth under sections 111, 119, and 122 of the Copyright Act.

                          Legislative History

  In the 111th Congress, the Satellite Television Extension and 
Localism Act of 2009 (S. 2764) was introduced by Senator 
Rockefeller on November 10, 2009 and referred to the Senate 
Committee on Commerce, Science, and Transportation. The bill is 
co-sponsored by Senator Kerry. On October 7, 2009, the 
Committee's Subcommittee on Communications, Technology, and the 
Internet held a hearing on ``Reauthorization of the Satellite 
Home Viewer Extension and Reauthorization Act of 2004.'' On 
November 19, 2009, the Committee considered the bill, as 
amended in the nature of a substitute, in an open executive 
session. Senator Cantwell offered an amendment to allow 
satellite providers to count the carriage of State public 
affairs networks for the purpose of meeting the provider's 
noncommercial programming carriage obligation. Senator 
McCaskill offered an amendment to require satellite providers 
to report information to the Commission regarding their 
carriage of local broadcast stations and to direct the 
Commission to study ways to incentivize such providers to offer 
local broadcast stations to subscribers in local markets. 
Senator Cantwell's and Senator McCaskill's amendments were 
adopted as part of a manager's package. The Committee, without 
objection, ordered that S. 2764, as amended, be reported.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2764--Satellite Television Extension and Localism Act of 2009

    Under current law, satellite carriers pay royalty fees for 
the right to transmit certain television signals to their 
subscribers without obtaining specific permission from 
copyright holders. S. 2764 would extend provisions of current 
law that allow satellite carriers to transmit copyrighted 
material without specific permission but would not extend the 
requirement to pay royalties on those copyrighted 
transmissions. The requirement to pay royalties will expire on 
December 31, 2009. The bill also would require the Federal 
Communications Commission (FCC) to conduct a study on local 
network channel broadcasts and the Government Accountability 
Office to conduct a report on satellite and cable company 
licenses.
    CBO estimates that implementing S. 2764 would not 
significantly affect spending subject to appropriation; 
enacting the bill would not affect direct spending or revenues.
    S. 2764 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments.
    S. 2764 would impose private-sector mandates, as defined in 
UMRA, on satellite carriers and television broadcasters. Based 
on information from industry sources, CBO estimates that the 
aggregate cost of complying with the mandates in the bill would 
fall below the annual threshold for private-sector mandates 
($139 million in 2009, adjusted annually for inflation).
    The bill would require that, in each market for which a 
satellite carrier chooses to provide local channels in high 
definition, the carrier must also provide high definition 
signals of any local noncommercial, educational stations by 
December 31, 2011. Assuming agreements with such stations could 
be reached, CBO estimates that the cost for satellite carriers 
to comply with this mandate would probably be small relative to 
the annual threshold. In addition, the bill would require 
satellite carriers to submit a report to the FCC containing 
certain information about the markets in which they provide 
local service. Based on information from industry sources about 
the availability of such information, CBO estimates that the 
cost of this mandate would be minimal.
    The bill also would extend an existing mandate on 
broadcasters that prohibits them from entering certain 
exclusive contracts for the rights to broadcast their programs 
and requires them to negotiate in good faith. The cost of the 
mandate to broadcasters would be the net income forgone as a 
result of the requirement to negotiate contracts with multiple 
carriers. Based on information from industry sources, CBO 
expects that few exclusive contracts would be reached. 
Therefore, CBO estimates that the cost of the mandate would be 
small. Additionally, the bill would impose a mandate on network 
broadcasters by extending a provision that allows satellite 
carriers to retransmit distant network signals to unserved 
households without obtaining consent or providing compensation 
to broadcasters. The cost of the mandate would be the forgone 
net income broadcasters could obtain by charging satellite 
carriers for such transmissions. Based upon information from 
industry sources, CBO estimates the cost would be minimal.
    On November 5, 2009, CBO transmitted a cost estimate for 
H.R. 2994, the Satellite Home Viewer Reauthorization Act of 
2009, as ordered reported by the House Committee on Energy and 
Commerce on October 15, 2009. The two pieces of legislation are 
similar and the CBO cost estimates (including mandate 
statements) are the same.
    The CBO staff contacts for this estimate are Susan Willie 
and Matthew Pickford (for federal costs) and Sam Wice (for the 
private-sector impact). The estimate was approved by Theresa 
Gullo, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2764 would reauthorize and amend certain provisions of the 
Communications Act that govern satellite retransmission of 
television broadcast signals. The bill would affect 
broadcasters and multichannel video programming distributors 
(e.g. cable and satellite operators) already subject to these 
obligations under the Communication Act, and, therefore, the 
number of persons covered should be consistent with the current 
levels of individuals impacted under the provisions that are 
addressed in the bill.

                            ECONOMIC IMPACT

  S. 2764 would not have an adverse impact on the nation's 
economy.

                                PRIVACY

  The reported bill would have no impact on the personal 
privacy of U.S. citizens.

                               PAPERWORK

  The reported bill would not significantly increase paperwork 
requirements for individuals and businesses.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
items contained in the bill, as reported, meet the definition 
of congressionally directed spending items under the rule.

                      Section-by-Section Analysis


Section 1. Short Title

  This section would provide that the legislation may be cited 
as the ``Satellite Television Extension and Localism Act of 
2009.''

Section 2. Extension of Authority

  Section 2 would amend section 325(b) of the Communications 
Act to extend for five years the statutory provision that 
permits a satellite carrier to retransmit, without first having 
to obtain consent, the signal of a distant network station to 
certain unserved households. The section also would extend the 
provisions in the Communications Act requiring that 
retransmission consent negotiations be in good faith and 
prohibiting exclusive carriage deals.

Section 3. Significantly Viewed Stations

  Section 3(a) of the bill would amend section 340(b) of the 
Communications Act to provide that a satellite carrier may 
offer a significantly viewed station in high definition format 
only if the carrier also provides the local station's 
programming in high definition format, if such format is 
available from the local station.
  Section 3(b) of the bill would require the FCC to take all 
actions necessary to implement the amendments in section 3(a) 
within 180 days of the enactment of this bill.

Section 4. Conforming Amendments

  This section would make modifications to sections 338, 339 
and 340 of the Communications Act of 1934, as amended, to 
address the transition of full-power broadcast stations from 
analog to digital television.
  Section 4(a) of the bill would amend section 338(g) to 
require satellite carriers to retransmit local broadcast 
signals in such a manner that a subscriber may receive all 
local signals using one reception antenna. Section 4(a) also 
would amend section 338(g) to require satellite carriers to 
carry high definition local television broadcasts on a single 
antenna; however, the reception antenna used to receive the 
local signals in high definition format may be different from 
the reception antenna used to receive the signals in non-high 
definition, or standard format, provided that all local 
stations carried pursuant to section 338 are available on one 
reception antenna; either the one used to receive signals in 
standard definition format or the one used to receive signals 
in high definition format.
  Section 4(b) of the bill would update the so-called 
``grandfathering'' provisions that make sure that certain 
consumers that are lawfully receiving distant signals do not 
lose access to those signals because of a change in law or a 
change in broadcast signal availability. The Committee has 
established such provisions in the past to prevent unnecessary 
disruptions to consumers.
  Section 4(b)(1)(iv) of the bill would amend section 
339(a)(2)(B) to provide that a satellite subscriber who is 
lawfully receiving a distant network signal on the day before 
the date of enactment of STELA does not lose access to that 
signal and may continue to receive such a distant signal until 
such subscriber chooses to no longer receive such distant 
signal from such carrier, whether or not such subscriber elects 
to subscribe to local signals.
  Section 4(b)(1)(v) of the bill would amend section 
339(a)(2)(C) to not allow a satellite carrier to provide a 
distant signal to a person who is not lawfully receiving that 
distant signal as of the date of the enactment of STELA and 
either at the time such person seeks to subscribe to receive 
such distant signal, resides in a local market where the 
satellite carrier makes available to that person the signal of 
a local network station affiliated with the same television 
network pursuant to section 338 of the Communications Act and 
the retransmission of such signal by such carrier can reach 
such subscriber; or receives from the satellite carrier the 
signal of a network station affiliated with the same network 
that is broadcast by a local station in the market where the 
subscriber resides, but is not the local station's primary 
video.
  Section 4(b)(1)(vi) of the bill would amend section 
339(a)(2)(D) to provide that a subscriber would be eligible to 
receive a distant signal of a network station if the subscriber 
either is determined, based on the Commission's predictive 
model, not to be able to receive over the air a signal of the 
same network exceeding the signal intensity standard in the 
Commission's rules, or successor rules, or is determined to be 
an unserved household by the definition in section 
119(d)(10)(A) of the Copyright Act.
  This section also would update the requirement that a 
satellite carrier may not use distant signals to ``time-shift'' 
programming. A satellite carrier may only retransmit the 
distant signal of a television network to a subscriber in a 
local market if the prime time network programming associated 
with that distant signal is generally broadcast simultaneously 
with, or later than, the prime time network programming of the 
affiliate of the same network in the local market.
  Section 4(b)(2) would amend section 339(c) to direct the 
Commission to complete all actions necessary to develop and 
prescribe by rule a point-to-point predictive model for 
reliably and presumptively determining the ability of an 
individual location, through the use of an antenna, to receive 
a distant network signal, within 180 days of the date of 
enactment of STELA. The Committee provides the Commission the 
discretion to determine the appropriate type of antenna that 
should be used for purposes of establishing the new predictive 
model.
  The section also would direct the Commission to compete, 
within 180 days of the date of enactment of STELA, its 
rulemaking proceeding concerning on-location testing of a 
household's ability to receive an over-the-air digital signal. 
The Commission is directed to seek ways to minimize consumer 
burdens associated with on-location testing. The Committee 
intends that the Commission consider how best to make these on-
location testing procedures as minimally burdensome on 
consumers as possible.
  The section also would amend the waiver provisions of section 
339(c)(4)(A) of the Communications Act.

Section 5. Application Pending Completion of Rulemaking

  This section would direct the FCC to follow its current rules 
and regulations until the FCC adopts new rules pursuant to this 
Act.
  Section 5(a) of the bill would provide that between the date 
of enactment of STELA and the adoption of rules by the 
Commission pursuant to STELA, the Commission shall follow its 
rules and regulations as in effect on the day before the date 
of enactment of STELA. The Committee intends that, until the 
Commission completes the rulemaking proceedings required by 
STELA, the Commission's current rules shall continue to remain 
in effect.
  Section 5(b) of the bill would provide that 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 the 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.

Section 6. Savings Clause Regarding Definitions

  Section 6 of the bill would provide that nothing in this Act 
shall be construed to affect the definitions of ``program 
related'' and ``primary video'' in the Communications Act of 
1934 or any regulations promulgated pursuant to that Act by the 
FCC. The purpose of this language is to ensure that the 
treatment of multicast signals in STELA and in the Judiciary 
Committee's companion legislation have no effect, one way or 
the other, on ongoing consideration by the Commission of policy 
issues relating to multicast signals.

Section 7. Nondiscrimination in Carriage of High Definition Digital 
        Signals of Noncommercial Educational Television Stations

  Section 7 of the bill addresses the carriage of local public 
television broadcast signals in high definition format by 
satellite carriers.
  In 1952, the Commission set aside 242 channels for the 
exclusive use of local public television broadcasting. Congress 
recognized the value of such stations to the public and 
provided funding for public broadcasting starting in 1962. The 
federal government continues to fund public television stations 
in order to support its mission to inform, enlighten, and 
enrich the public, particularly unserved and underserved 
audiences such as children and minorities. Congress further 
supported noncommercial, educational stations by requiring that 
cable and satellite providers set aside capacity for such 
programming. As more people used MVPD services, Congress 
determined that carriage obligations were necessary to ensure 
Americans' access to public television.
  As technology has changed, Congress has modified the 
obligations on MVPDs, including satellite providers, to make 
sure consumers have access to noncommercial, educational 
programming. This section would be a step toward requiring of 
equal access and treatment of high definition noncommercial, 
educational programming.
  Public television representatives have reached high 
definition format carriage agreements with the cable industry, 
Verizon and the largest DBS operator, DirecTV. Despite ongoing 
efforts to reach agreement with all satellite operators, these 
efforts have been unsuccessful. As a result, millions of 
consumers do not receive public broadcasting in high definition 
format from their MVPD service. The Committee believes this 
constitutes discriminatory treatment of locally owned and 
controlled stations that serve their communities with high-
quality, local, educational, and cultural content. Absent a 
private agreement, the Committee believes it is in the public 
interest for Congress to require the carriage of local public 
television programming in high definition format.
  Section 7(a) of the bill would amend section 338(a) of the 
Communications Act of 1934 to provide that an eligible 
satellite carrier offer subscribers the high definition signals 
of qualified noncommercial educational television stations in 
local markets in which the carrier currently offers local 
television broadcasts in high definition. The section would 
provide that such an eligible carrier begin providing the high 
definition format signals of qualified noncommercial education 
television stations in at least 50 percent of the markets where 
it offers local high definition format service by December 31, 
2010, and in 100 percent of those markets by December 31, 2011. 
This section also would require, after the date of enactment of 
STELA, such a satellite provider, when it initiates the 
provision of high definition local broadcast format in a local 
market, to carry the high definition format signals of the 
qualified noncommercial educational television station in that 
market.
  Section 7(b) of the bill would amend section 338(k) of the 
Communications Act to reflect the Committee's strong preference 
for privately negotiated carriage agreements. Specifically, the 
bill would define eligible satellite carrier in a way to 
nullify the above carriage requirements if a carrier is a party 
to a carriage contract with a qualified noncommercial 
educational television station or its representative that 
governs carriage of more than 30 such stations and is in force 
and effect as of the date of enactment of STELA.

Section 8. Report on Communications Implications of Statutory Licensing 
        Modifications

  Section 8(a) of the bill would direct the Comptroller General 
to study and report on the changes to communications laws and 
regulations that would be necessary or beneficial to consumers 
should Congress phase-out the statutory licensing requirements 
set forth under sections 111, 119, and 122 of the Copyright 
Act. The section would direct the Comptroller General, as part 
of the study, to consider, among other things, the impact such 
a phase-out and related changes to carriage requirements would 
have on consumer prices and access to programming.
  In June 2008, the United States Copyright Office issued a 
report pursuant to section 109 of SHVERA. Congress charged the 
Copyright Office with examining the compulsory statutory 
licenses and making recommendations to improve the current 
system. The principal recommendation of the Copyright Office 
report was to move towards abolishing the licenses.
  Section 8(b) of the bill would direct the Comptroller General 
to report the results of the study to the Committee and the 
House of Representatives Committee on Energy and Commerce not 
later than 12 months after the date of enactment of this Act, 
including any recommendations for legislative or administrative 
actions.

Section 9. Local Network Channel Broadcast Reports

  Section 9 of the bill would direct the FCC to conduct a study 
of the current DMA system, including the extent to which 
consumers in each local market have access to in-state 
broadcast programming.
  Section 9(a) of the bill would require satellite carriers to 
submit a report to the FCC beginning six months after enactment 
of this Act. Each satellite carrier would be required to submit 
a report that contains: each local market in which it provides 
signals of one or more network stations licensed to provide 
signals in that market; detailed information regarding the use 
of satellite capacity for the provision of local signals into 
local markets; each local market in which it has commenced 
providing such signals in the six-month period covered by the 
report; and each local market in which it has ceased to provide 
such signals in the six-month period covered by the report.
  Section 9(b) of the bill would direct the FCC to initiate a 
study as soon as practicable after the date of enactment of 
STELA, to study the incentives that would induce a satellite 
carrier to provide the signals of one or more television 
stations licensed to provide signals in local markets in which 
the satellite carrier does not provide such signals; and the 
economic and satellite capacity conditions affecting delivery 
of local signals by satellite carriers to these markets. The 
FCC would be required to submit its report, containing its 
findings, conclusions and recommendations, within one year 
after enactment of this Act to the Committee and the House of 
Representatives Committee on Energy and Commerce.

Section 10. State Public Affairs Broadcasts

  Section 10 of the bill would encourage satellite carriers to 
carry State public affairs networks by reducing the carrier's 
required reserve for the retransmission of educational or 
informational noncommercial programming pursuant to section 
335(b) of the Communications Act.
  This section would amend section 335(b) of the Communications 
Act to reduce the portion of channel capacity that a 
``qualified satellite provider'' is required to reserve 
exclusively for noncommercial programming of an educational or 
information nature from a minimum of 4 percent to 3.5 percent 
of channel capacity.
  The section would define ``qualified satellite provider'' as 
any provider that provides the retransmission of the ``State 
public affairs network'' of at least 15 different States upon 
reasonable prices, terms, and conditions, and one that does not 
delete any of the noncommercial education or information 
programming in connection with the carriage of a State public 
affairs network.
  The section would define ``State public affairs network'' as 
a noncommercial, non-broadcast network or a noncommercial 
educational television station whose programming consists of 
information about State government deliberations and public 
policy events, and that is operated by a State government, a 
501(c)(3) organization that is governed by an independent board 
of directors, or a cable system.

Section 11. Severability

  This section would provide that if any provision or 
application of a provision is held unconstitutional, the 
remainder of this Act, the amendments made by the Act, and the 
application of such provisions shall not be affected thereby.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                       COMMUNICATIONS ACT OF 1934

SEC. 325. FALSE, FRAUDULENT, OR UNAUTHORIZED TRANSMISSIONS.

                            [47 U.S.C. 325]

  (a) False distress signals; rebroadcasting programs.--No 
person within the jurisdiction of the United States shall 
knowingly utter or transmit, or cause to be uttered or 
transmitted, any false or fraudulent signal of distress, or 
communication relating thereto, nor shall any broadcasting 
station rebroadcast the program or any part thereof of another 
broadcasting station without the express authority of the 
originating station.
  (b) Consent to retransmission of broadcasting station 
signals.--(1) No cable system or other multichannel video 
programming distributor shall retransmit the signal of a 
broadcasting station, or any part thereof, except--
          (A) with the express authority of the originating 
        station;
          (B) under section 614, in the case of a station 
        electing, in accordance with this subsection, to assert 
        the right to carriage under such section; or
          (C) under section 338, in the case of a station 
        electing, in accordance with this subsection, to assert 
        the right to carriage under such section.
  (2) This subsection shall not apply--
          (A) to retransmission of the signal of a 
        noncommercial television broadcast station;
          (B) to retransmission of the signal of a television 
        broadcast station outside the station's local market by 
        a satellite carrier directly to its subscribers, if--
                  (i) such station was a superstation on May 1, 
                1991;
                  (ii) as of July 1, 1998, such station was 
                retransmitted by a satellite carrier under the 
                statutory license of section 119 of title 17, 
                United States Code; and
                  (iii) the satellite carrier complies with any 
                network nonduplication, syndicated exclusivity, 
                and sports blackout rules adopted by the 
                Commission under section 339(b) of this Act;
          (C) until [December 31, 2009] December 31, 2014, to 
        retransmission of the signals of network stations 
        directly to a home satellite antenna, if the subscriber 
        receiving the signal--
                  (i) is located in an area outside the local 
                market of such stations; and
                  (ii) resides in an unserved household;
          (D) to retransmission by a cable operator or other 
        multichannel video provider, other than a satellite 
        carrier, of the signal of a television broadcast 
        station outside the station's local market if such 
        signal was obtained from a satellite carrier and--
                  (i) the originating station was a 
                superstation on May 1, 1991; and
                  (ii) as of July 1, 1998, such station was 
                retransmitted by a satellite carrier under the 
                statutory license of section 119 of title 17, 
                United States Code; or
          (E) during the 6-month period beginning on the date 
        of the enactment of the Satellite Home Viewer 
        Improvement Act of 1999, to the retransmission of the 
        signal of a television broadcast station within the 
        station's local market by a satellite carrier directly 
        to its subscribers under the statutory license of 
        section 122 of title 17, United States Code.
  For purposes of this paragraph, the terms ``satellite 
carrier'' and ``superstation'' have the meanings given those 
terms, respectively, in section 119(d) of title 17, United 
States Code, as in effect on the date of the enactment of the 
Cable Television Consumer Protection and Competition Act of 
1992, the term ``unserved household'' has the meaning given 
that term under section 119(d) of such title, and the term 
``local market'' has the meaning given that term in section 
122(j) of such title.
  (3)(A) Within 45 days after the date of enactment of the 
Cable Television Consumer Protection and Competition Act of 
1992, the Commission shall commence a rulemaking proceeding to 
establish regulations to govern the exercise by television 
broadcast stations of the right to grant retransmission consent 
under this subsection and of the right to signal carriage under 
section 614, and such other regulations as are necessary to 
administer the limitations contained in paragraph (2). The 
Commission shall consider in such proceeding the impact that 
the grant of retransmission consent by television stations may 
have on the rates for the basic service tier and shall ensure 
that the regulations prescribed under this subsection do not 
conflict with the Commission's obligation under section 
623(b)(1) to ensure that the rates for the basic service tier 
are reasonable. Such rulemaking proceeding shall be completed 
within 180 days after the date of enactment of the Cable 
Television Consumer Protection and Competition Act of 1992.
  (B) The regulations required by subparagraph (A) shall 
require that television stations, within one year after the 
date of enactment of the Cable Television Consumer Protection 
and Competition Act of 1992 and every three years thereafter, 
make an election between the right to grant retransmission 
consent under this subsection and the right to signal carriage 
under section 614. If there is more than one cable system which 
services the same geographic area, a station's election shall 
apply to all such cable systems.
  (C) The Commission shall commence a rulemaking proceeding to 
revise the regulations governing the exercise by television 
broadcast stations of the right to grant retransmission consent 
under this subsection, and such other regulations as are 
necessary to administer the limitations contained in paragraph 
(2). Such regulations shall--
          (i) establish election time periods that correspond 
        with those regulations adopted under subparagraph (B) 
        of this paragraph;
          (ii) until [January 1, 2010] January 1, 2015, 
        prohibit a television broadcast station that provides 
        retransmission consent from engaging in exclusive 
        contracts for carriage or failing to negotiate in good 
        faith, and it shall not be a failure to negotiate in 
        good faith if the television broadcast station enters 
        into retransmission consent agreements containing 
        different terms and conditions, including price terms, 
        with different multichannel video programming 
        distributors if such different terms and conditions are 
        based on competitive marketplace considerations; and
          (iii) until [January 1, 2010] January 1, 2015, 
        prohibit a multichannel video programming distributor 
        from failing to negotiate in good faith for 
        retransmission consent under this section, and it shall 
        not be a failure to negotiate in good faith if the 
        distributor enters into retransmission consent 
        agreements containing different terms and conditions, 
        including price terms, with different broadcast 
        stations if such different terms and conditions are 
        based on competitive marketplace considerations.
  (4) If an originating television station elects under 
paragraph (3)(B) to exercise its right to grant retransmission 
consent under this subsection with respect to a cable system, 
the provisions of section 614 shall not apply to the carriage 
of the signal of such station by such cable system. If an 
originating television station elects under paragraph (3)(C) to 
exercise its right to grant retransmission consent under this 
subsection with respect to a satellite carrier, section 338 
shall not apply to the carriage of the signal of such station 
by such satellite carrier.
  (5) The exercise by a television broadcast station of the 
right to grant retransmission consent under this subsection 
shall not interfere with or supersede the rights under section 
338, 614, or 615 of any station electing to assert the right to 
signal carriage under that section.
  (6) Nothing in this section shall be construed as modifying 
the compulsory copyright license established in section 111 of 
title 17, United States Code, or as affecting existing or 
future video programming licensing agreements between 
broadcasting stations and video programmers.
  (7) For purposes of this subsection, the term--
          (A) ``network station'' has the meaning given such 
        term under section 119(d) of title 17, United States 
        Code; and
          (B) ``television broadcast station'' means an over-
        the-air commercial or noncommercial television 
        broadcast station licensed by the Commission under 
        subpart E of part 73 of title 47, Code of Federal 
        Regulations, except that such term does not include a 
        low-power or translator television station.
  (c) Broadcast to foreign countries for rebroadcast to United 
States; permit. No person shall be permitted to locate, use, or 
maintain a radio broadcast studio or other place or apparatus 
from which or whereby sound waves are converted into electrical 
energy, or mechanical or physical reproduction of sound waves 
produced, and cause to be transmitted or delivered to a radio 
station in a foreign country for the purpose of being broadcast 
from any radio station there having a power output of 
sufficient intensity and/or being so located geographically 
that its emissions may be received consistently in the United 
States, without first obtaining a permit from the Commission 
upon proper application therefor.
  (d) Application for permit.--Such application shall contain 
such information as the Commission may by regulation prescribe, 
and the granting or refusal thereof shall be subject to the 
requirements of section 309 hereof with respect to applications 
for station licenses or renewal or modification thereof, and 
the license or permission so granted shall be revocable for 
false statements in the application so required or when the 
Commission, after hearings, shall find its continuation no 
longer in the public interest.
  (e) Enforcement proceedings against satellite carriers 
concerning retransmissions of television broadcast stations in 
the respective local markets of such carriers.--
          (1) Complaints by television broadcast stations.--If 
        after the expiration of the 6-month period described 
        under subsection (b)(2)(E) a television broadcast 
        station believes that a satellite carrier has 
        retransmitted its signal to any person in the local 
        market of such station in violation of subsection 
        (b)(1), the station may file with the Commission a 
        complaint providing--
                  (A) the name, address, and call letters of 
                the station;
                  (B) the name and address of the satellite 
                carrier;
                  (C) the dates on which the alleged 
                retransmission occurred;
                  (D) the street address of at least one person 
                in the local market of the station to whom the 
                alleged retransmission was made;
                  (E) a statement that the retransmission was 
                not expressly authorized by the television 
                broadcast station; and
                  (F) the name and address of counsel for the 
                station.
          (2) Service of complaints on satellite carriers.--For 
        purposes of any proceeding under this subsection, any 
        satellite carrier that retransmits the signal of any 
        broadcast station shall be deemed to designate the 
        Secretary of the Commission as its agent for service of 
        process. A television broadcast station may serve a 
        satellite carrier with a complaint concerning an 
        alleged violation of subsection (b)(1) through 
        retransmission of a station within the local market of 
        such station by filing the original and two copies of 
        the complaint with the Secretary of the Commission and 
        serving a copy of the complaint on the satellite 
        carrier by means of two commonly used overnight 
        delivery services, each addressed to the chief 
        executive officer of the satellite carrier at its 
        principal place of business, and each marked ``URGENT 
        LITIGATION MATTER'' on the outer packaging. Service 
        shall be deemed complete one business day after a copy 
        of the complaint is provided to the delivery services 
        for overnight delivery. On receipt of a complaint filed 
        by a television broadcast station under this 
        subsection, the Secretary of the Commission shall send 
        the original complaint by United States mail, postage 
        prepaid, receipt requested, addressed to the chief 
        executive officer of the satellite carrier at its 
        principal place of business.
          (3) Answers by satellite carriers.--Within five 
        business days after the date of service, the satellite 
        carrier shall file an answer with the Commission and 
        shall serve the answer by a commonly used overnight 
        delivery service and by United States mail, on the 
        counsel designated in the complaint at the address 
        listed for such counsel in the complaint.
          (4) Defenses.--
                  (A) Exclusive defenses.--The defenses under 
                this paragraph are the exclusive defenses 
                available to a satellite carrier against which 
                a complaint under this subsection is filed.
                  (B) Defenses.--The defenses referred to under 
                subparagraph (A) are the defenses that--
                          (i) the satellite carrier did not 
                        retransmit the television broadcast 
                        station to any person in the local 
                        market of the station during the time 
                        period specified in the complaint;
                          (ii) the television broadcast station 
                        had, in a writing signed by an officer 
                        of the television broadcast station, 
                        expressly authorized the retransmission 
                        of the station by the satellite carrier 
                        to each person in the local market of 
                        the television broadcast station to 
                        which the satellite carrier made such 
                        retransmissions for the entire time 
                        period during which it is alleged that 
                        a violation of subsection (b)(1) has 
                        occurred;
                          (iii) the retransmission was made 
                        after January 1, 2002, and the 
                        television broadcast station had 
                        elected to assert the right to carriage 
                        under section 338 as against the 
                        satellite carrier for the relevant 
                        period; or
                          (iv) the station being retransmitted 
                        is a noncommercial television broadcast 
                        station.
          (5) Counting of violations.--The retransmission 
        without consent of a particular television broadcast 
        station on a particular day to one or more persons in 
        the local market of the station shall be considered a 
        separate violation of subsection (b)(1).
          (6) Burden of proof.--With respect to each alleged 
        violation, the burden of proof shall be on a television 
        broadcast station to establish that the satellite 
        carrier retransmitted the station to at least one 
        person in the local market of the station on the day in 
        question. The burden of proof shall be on the satellite 
        carrier with respect to all defenses other than the 
        defense under paragraph (4)(B)(i).
          (7) Procedures.--
                  (A) Regulations.--Within 60 days after the 
                date of the enactment of the Satellite Home 
                Viewer Improvement Act of 1999, the Commission 
                shall issue procedural regulations implementing 
                this subsection which shall supersede 
                procedures under section 312.
                  (B) Determinations.--
                          (i) In general.--Within 45 days after 
                        the filing of a complaint, the 
                        Commission shall issue a final 
                        determination in any proceeding brought 
                        under this subsection. The Commission's 
                        final determination shall specify the 
                        number of violations committed by the 
                        satellite carrier. The Commission shall 
                        hear witnesses only if it clearly 
                        appears, based on written filings by 
                        the parties, that there is a genuine 
                        dispute about material facts. Except as 
                        provided in the preceding sentence, the 
                        Commission may issue a final ruling 
                        based on written filings by the 
                        parties.
                          (ii) Discovery.--The Commission may 
                        direct the parties to exchange 
                        pertinent documents, and if necessary 
                        to take prehearing depositions, on such 
                        schedule as the Commission may approve, 
                        but only if the Commission first 
                        determines that such discovery is 
                        necessary to resolve a genuine dispute 
                        about material facts, consistent with 
                        the obligation to make a final 
                        determination within 45 days.
          (8) Relief.--if the Commission determines that a 
        satellite carrier has retransmitted the television 
        broadcast station to at least one person in the local 
        market of such station and has failed to meet its 
        burden of proving one of the defenses under paragraph 
        (4) with respect to such retransmission, the Commission 
        shall be required to--
                  (A) make a finding that the satellite carrier 
                violated subsection (b)(1) with respect to that 
                station; and
                  (B) issue an order, within 45 days after the 
                filing of the complaint, containing--
                          (i) a cease-and-desist order 
                        directing the satellite carrier 
                        immediately to stop making any further 
                        retransmissions of the television 
                        broadcast station to any person within 
                        the local market of such station until 
                        such time as the Commission determines 
                        that the satellite carrier is in 
                        compliance with subsection (b)(1) with 
                        respect to such station;
                          (ii) if the satellite carrier is 
                        found to have violated subsection 
                        (b)(1) with respect to more than two 
                        television broadcast stations, a cease-
                        and-desist order directing the 
                        satellite carrier to stop making any 
                        further retransmission of any 
                        television broadcast station to any 
                        person within the local market of such 
                        station, until such time as the 
                        Commission, after giving notice to the 
                        station, that the satellite carrier is 
                        in compliance with subsection (b)(1) 
                        with respect to such stations; and
                          (iii) an award to the complainant of 
                        that complainant's costs and reasonable 
                        attorney's fees.
          (9) Court proceedings on enforcement of Commission 
        order.--
                  (A) In general.--On entry by the Commission 
                of a final order granting relief under this 
                subsection--
                          (i) a television broadcast station 
                        may apply within 30 days after such 
                        entry to the United States District 
                        Court for the Eastern District of 
                        Virginia for a final judgment enforcing 
                        all relief granted by the Commission; 
                        and
                          (ii) the satellite carrier may apply 
                        within 30 days after such entry to the 
                        United States District Court for the 
                        Eastern District of Virginia for a 
                        judgment reversing the Commission's 
                        order.
                  (B) Appeal.--The procedure for an appeal 
                under this paragraph by the satellite carrier 
                shall supersede any other appeal rights under 
                Federal or State law. A United States district 
                court shall be deemed to have personal 
                jurisdiction over the satellite carrier if the 
                carrier, or a company under common control with 
                the satellite carrier, has delivered television 
                programming by satellite to more than 30 
                customers in that district during the preceding 
                4-year period. If the United States District 
                Court for the Eastern District of Virginia does 
                not have personal jurisdiction over the 
                satellite carrier, an enforcement action or 
                appeal shall be brought in the United States 
                District Court for the District of Columbia, 
                which may find personal jurisdiction based on 
                the satellite carrier's ownership of licenses 
                issued by the Commission. An application by a 
                television broadcast station for an order 
                enforcing any cease-and-desist relief granted 
                by the Commission shall be resolved on a highly 
                expedited schedule. No discovery may be 
                conducted by the parties in any such 
                proceeding. The district court shall enforce 
                the Commission order unless the Commission 
                record reflects manifest error and an abuse of 
                discretion by the Commission.
          (10) Civil action for statutory damages.--Within 6 
        months after issuance of an order by the Commission 
        under this subsection, a television broadcast station 
        may file a civil action in any United States district 
        court that has personal jurisdiction over the satellite 
        carrier for an award of statutory damages for any 
        violation that the Commission has determined to have 
        been committed by a satellite carrier under this 
        subsection. Such action shall not be subject to 
        transfer under section 1404(a) of title 28, United 
        States Code. On finding that the satellite carrier has 
        committed one or more violations of subsection (b), the 
        District Court shall be required to award the 
        television broadcast station statutory damages of $ 
        25,000 per violation, in accordance with paragraph (5), 
        and the costs and attorney's fees incurred by the 
        station. Such statutory damages shall be awarded only 
        if the television broadcast station has filed a binding 
        stipulation with the court that such station will 
        donate the full amount in excess of $ 1,000 of any 
        statutory damage award to the United States Treasury 
        for public purposes. Notwithstanding any other 
        provision of law, a station shall incur no tax 
        liability of any kind with respect to any amounts so 
        donated. Discovery may be conducted by the parties in 
        any proceeding under this paragraph only if and to the 
        extent necessary to resolve a genuinely disputed issue 
        of fact concerning one of the defenses under paragraph 
        (4). In any such action, the defenses under paragraph 
        (4) shall be exclusive, and the burden of proof shall 
        be on the satellite carrier with respect to all 
        defenses other than the defense under paragraph 
        (4)(B)(i). A judgment under this paragraph may be 
        enforced in any manner permissible under Federal or 
        State law.
          (11) Appeals.--
                  (A) In general.--The nonprevailing party 
                before a United States district court may 
                appeal a decision under this subsection to the 
                United States Court of Appeals with 
                jurisdiction over that district court. The 
                Court of Appeals shall not issue any stay of 
                the effectiveness of any decision granting 
                relief against a satellite carrier unless the 
                carrier presents clear and convincing evidence 
                that it is highly likely to prevail on appeal 
                and only after posting a bond for the full 
                amount of any monetary award assessed against 
                it and for such further amount as the Court of 
                Appeals may believe appropriate.
                  (B) Appeal.--If the Commission denies relief 
                in response to a complaint filed by a 
                television broadcast station under this 
                subsection, the television broadcast station 
                filing the complaint may file an appeal with 
                the United States Court of Appeals for the 
                District of Columbia Circuit.
          (12) Sunset.--No complaint or civil action may be 
        filed under this subsection after December 31, 2001. 
        This subsection shall continue to apply to any 
        complaint or civil action filed on or before such date.

           *       *       *       *       *       *       *


SEC. 335. DIRECT BROADCAST SATELLITE SERVICE OBLIGATIONS.

                            [47 U.S.C. 335]

  (a) Proceeding required to review DBS responsibilities.--The 
Commission shall, within 180 days after the date of enactment 
of this section, initiate a rulemaking proceeding to impose, on 
providers of direct broadcast satellite service, public 
interest or other requirements for providing video programming. 
Any regulations prescribed pursuant to such rulemaking shall, 
at a minimum, apply the access to broadcast time requirement of 
section 312(a)(7) and the use of facilities requirements of 
section 315 to providers of direct broadcast satellite service 
providing video programming. Such proceeding also shall examine 
the opportunities that the establishment of direct broadcast 
satellite service provides for the principle of localism under 
this Act, and the methods by which such principle may be served 
through technological and other developments in, or regulation 
of, such service.
  (b) Carriage obligations for noncommercial, educational, 
State public affairs, and informational programming.--
          [(1) Channel capacity required.--The Commission shall 
        require, as a condition of any provision, initial 
        authorization, or authorization renewal for a provider 
        of direct broadcast satellite service providing video 
        programming, that the provider of such service reserve 
        a portion of its channel capacity, equal to not less 
        than 4 percent nor more than 7 percent, exclusively for 
        noncommercial programming of an educational or 
        informational nature.]
          (1) Channel capacity required.--
                  (A) Except as provided in subparagraph (B), 
                the Commission shall require, as a condition of 
                any provision, initial authorization, or 
                authorization renewal for a provider of direct 
                broadcast satellite service providing video 
                programming, that the provider of such service 
                reserve a portion of its channel capacity, 
                equal to not less than 4 percent nor more than 
                7 percent, exclusively for noncommercial 
                programming of an educational or informational 
                nature.
                  (B) The Commission shall require, as a 
                condition of any provision, initial 
                authorization, or authorization renewal for a 
                qualified satellite provider of direct 
                broadcast satellite service providing video 
                programming, that such provider reserve a 
                portion of its channel capacity, equal to not 
                less than 3.5 percent nor more than 7 percent, 
                exclusively for noncommercial programming of an 
                educational or informational nature.
          (2) Use of unused channel capacity.--A provider of 
        such service may utilize for any purpose any unused 
        channel capacity required to be reserved under this 
        subsection pending the actual use of such channel 
        capacity for noncommercial programming of an 
        educational or informational nature.
          (3) Prices, terms, and conditions; editorial 
        control.--A provider of direct broadcast satellite 
        service shall meet the requirements of this subsection 
        by making channel capacity available to national 
        educational programming suppliers, upon reasonable 
        prices, terms, and conditions, as determined by the 
        Commission under paragraph (4). The provider of direct 
        broadcast satellite service shall not exercise any 
        editorial control over any video programming provided 
        pursuant to this subsection.
          (4) Limitations.--In determining reasonable prices 
        under paragraph (3)--
                  (A) the Commission shall take into account 
                the nonprofit character of the programming 
                provider and any Federal funds used to support 
                such programming;
                  (B) the Commission shall not permit such 
                prices to exceed, for any channel made 
                available under this subsection, 50 percent of 
                the total direct costs of making such channel 
                available; and
                  (C) in the calculation of total direct costs, 
                the Commission shall exclude--
                          (i) marketing costs, general 
                        administrative costs, and similar 
                        overhead costs of the provider of 
                        direct broadcast satellite service; and
                          (ii) the revenue that such provider 
                        might have obtained by making such 
                        channel available to a commercial 
                        provider of video programming.
          (5) Definitions.--For purposes of this subsection--
                  (A) The term ``provider of direct broadcast 
                satellite service'' means--
                          (i) a licensee for a Ku-band 
                        satellite system under part 100 of 
                        title 47 of the Code of Federal 
                        Regulations; or
                          (ii) any distributor who controls a 
                        minimum number of channels (as 
                        specified by Commission regulation) 
                        using a Ku-band fixed service satellite 
                        system for the provision of video 
                        programming directly to the home and 
                        licensed under part 25 of title 47 of 
                        the Code of Federal Regulations.
                  (B) The term ``national educational 
                programming supplier'' includes any qualified 
                noncommercial educational television station, 
                other public telecommunications entities, and 
                public or private educational institutions.
                  (C) The term ``qualified satellite provider'' 
                means any provider of direct broadcast 
                satellite service that--
                          (i) provides the retransmission of 
                        the State public affairs networks of at 
                        least 15 different States;
                          (ii) offers the programming of State 
                        public affairs networks upon reasonable 
                        prices, terms, and conditions as 
                        determined by the Commission under 
                        paragraph (4) of this subsection; and
                          (iii) does not delete any 
                        noncommercial programming of an 
                        educational or informational nature in 
                        connection with the carriage of a State 
                        public affairs network.
                  (D) The term ``State public affairs network'' 
                means a non-commercial non-broadcast network or 
                a noncommercial educational television 
                station--
                          (i) whose programming consists of 
                        information about State government 
                        deliberations and public policy events; 
                        and
                          (ii) that is operated by--
                                  (I) a State government;
                                  (II) an organization 
                                described in section 501(c)(3) 
                                of the Internal Revenue Code of 
                                1986 that is exempt from 
                                taxation under section 501(a) 
                                of such Code and that is 
                                governed by an independent 
                                board of directors; or
                                  (III) a cable system.

           *       *       *       *       *       *       *


SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.

                            [47 U.S.C. 338]

  (a) Carriage obligations.--
          (1) In general.--Each satellite carrier providing, 
        under section 122 of title 17, United States Code, 
        secondary transmissions to subscribers located within 
        the local market of a television broadcast station of a 
        primary transmission made by that station shall carry 
        upon request the signals of all television broadcast 
        stations located within that local market, subject to 
        section 325(b).
          (2) Remedies for failure to carry.--In addition to 
        the remedies available to television broadcast stations 
        under section 501(f) of title 17, United States Code, 
        the Commission may use the Commission's authority under 
        this Act to assure compliance with the obligations of 
        this subsection, but in no instance shall a Commission 
        enforcement proceeding be required as a predicate to 
        the pursuit of a remedy available under such section 
        501(f).
          (3) Low power station carriage optional.--No low 
        power television station whose signals are provided 
        under section [119(a)(14)] 119(a)(15) of title 17, 
        United States Code, shall be entitled to insist on 
        carriage under this section, regardless of whether the 
        satellite carrier provides secondary transmissions of 
        the primary transmissions of other stations in the same 
        local market pursuant to section 122 of such title, nor 
        shall any such carriage be considered in connection 
        with the requirements of subsection (c) of this 
        section.
          [(3) Effective date.--No satellite carrier shall be 
        required to carry local television broadcast stations 
        under paragraph (1) until January 1, 2002.]
          (4) Carriage of signals of local stations in certain 
        markets.--A satellite carrier that offers multichannel 
        video programming distribution service in the United 
        States to more than 5,000,000 subscribers shall (A) 
        within 1 year after the date of the enactment of the 
        Satellite Home Viewer Extension and Reauthorization Act 
        of 2004, retransmit the signals originating as analog 
        signals of each television broadcast station located in 
        any local market within a State that is not part of the 
        contiguous United States, and (B) within 30 months 
        after such date of enactment retransmit the signals 
        originating as digital signals of each such station. 
        The retransmissions of such stations shall be made 
        available to substantially all of the satellite 
        carrier's subscribers in each station's local market, 
        and the retransmissions of the stations in at least one 
        market in the State shall be made available to 
        substantially all of the satellite carrier's 
        subscribers in areas of the State that are not within a 
        designated market area. The cost to subscribers of such 
        retransmissions shall not exceed the cost of 
        retransmissions of local television stations in other 
        States. Within 1 year after the date of enactment of 
        that Act, the Commission shall promulgate regulations 
        concerning elections by television stations in such 
        State between mandatory carriage pursuant to this 
        section and retransmission consent pursuant to section 
        325(b), which shall take into account the schedule on 
        which local television stations are made available to 
        viewers in such State.
          (5) Nondiscrimination in carriage of high definition 
        signals of noncommercial educational television 
        stations.--
                  (A) Existing carriage of high definition 
                signals.--Each eligible satellite carrier 
                providing, under section 122 of title 17, 
                United States Code, any secondary transmissions 
                in high definition to subscribers located 
                within the local market of a television 
                broadcast station of a primary transmission 
                made by that station prior to the date of 
                enactment of the Satellite Television Extension 
                and Localism Act of 2009 shall carry the high 
                definition signals of qualified noncommercial 
                educational television stations located within 
                that local market in accordance with the 
                following schedule:
                          (i) By December 31, 2010, in at least 
                        50 percent of the markets in which such 
                        satellite carrier provides such 
                        secondary transmissions in high 
                        definition.
                          (ii) By December 31, 2011, in every 
                        market in which such satellite carrier 
                        provides such secondary transmissions 
                        in high definition.
                  (B) New initiation of service.--Each eligible 
                satellite carrier that initiates the provision, 
                under section 122 of title 17, United States 
                Code, of any secondary transmissions in high 
                definition to subscribers located within the 
                local market of a television broadcast station 
                of a primary transmission made by that station 
                after the date of enactment of the Satellite 
                Television Extension and Localism Act of 2009 
                shall carry the high definition signals of all 
                qualified noncommercial educational television 
                stations located within that local market.
  (b) Good signal required.--
          (1) Costs.--A television broadcast station asserting 
        its right to carriage under subsection (a) shall be 
        required to bear the costs associated with delivering a 
        good quality signal to the designated local receive 
        facility of the satellite carrier or to another 
        facility that is acceptable to at least one-half the 
        stations asserting the right to carriage in the local 
        market.
          (2) Regulations.--The regulations issued under 
        subsection (g) shall set forth the obligations 
        necessary to carry out this subsection.
  (c) Duplication not required.--
          (1) Commercial stations.--Notwithstanding subsection 
        (a)(1), a satellite carrier shall not be required to 
        carry upon request the signal of any local commercial 
        television broadcast station that substantially 
        duplicates the signal of another local commercial 
        television broadcast station which is secondarily 
        transmitted by the satellite carrier within the same 
        local market, or to carry upon request the signals of 
        more than one local commercial television broadcast 
        station in a single local market that is affiliated 
        with a particular television network unless such 
        stations are licensed to communities in different 
        States.
          (2) Noncommercial stations.--The Commission shall 
        prescribe regulations limiting the carriage 
        requirements under subsection (a) of satellite carriers 
        with respect to the carriage of multiple local 
        noncommercial television broadcast stations. To the 
        extent possible, such regulations shall provide the 
        same degree of carriage by satellite carriers of such 
        multiple stations as is provided by cable systems under 
        section 615.
  (d) Channel positioning.--No satellite carrier shall be 
required to provide the signal of a local television broadcast 
station to subscribers in that station's local market on any 
particular channel number or to provide the signals in any 
particular order, except that the satellite carrier shall 
retransmit the signal of the local television broadcast 
stations to subscribers in the stations' local market on 
contiguous channels and provide access to such station's 
signals at a nondiscriminatory price and in a nondiscriminatory 
manner on any navigational device, on-screen program guide, or 
menu.
  (e) Compensation for carriage.--A satellite carrier shall not 
accept or request monetary payment or other valuable 
consideration in exchange either for carriage of local 
television broadcast stations in fulfillment of the 
requirements of this section or for channel positioning rights 
provided to such stations under this section, except that any 
such station may be required to bear the costs associated with 
delivering a good quality signal to the local receive facility 
of the satellite carrier.
  (f) Remedies.--
          (1) Complaints by broadcast stations.--Whenever a 
        local television broadcast station believes that a 
        satellite carrier has failed to meet its obligations 
        under subsections (b) through (e) of this section, such 
        station shall notify the carrier, in writing, of the 
        alleged failure and identify its reasons for believing 
        that the satellite carrier failed to comply with such 
        obligations. The satellite carrier shall, within 30 
        days after such written notification, respond in 
        writing to such notification and comply with such 
        obligations or state its reasons for believing that it 
        is in compliance with such obligations. A local 
        television broadcast station that disputes a response 
        by a satellite carrier that it is in compliance with 
        such obligations may obtain review of such denial or 
        response by filing a complaint with the Commission. 
        Such complaint shall allege the manner in which such 
        satellite carrier has failed to meet its obligations 
        and the basis for such allegations.
          (2) Opportunity to respond.--The Commission shall 
        afford the satellite carrier against which a complaint 
        is filed under paragraph (1) an opportunity to present 
        data and arguments to establish that there has been no 
        failure to meet its obligations under this section.
          (3) Remedial actions; dismissal.--Within 120 days 
        after the date a complaint is filed under paragraph 
        (1), the Commission shall determine whether the 
        satellite carrier has met its obligations under 
        subsections (b) through (e). If the Commission 
        determines that the satellite carrier has failed to 
        meet such obligations, the Commission shall order the 
        satellite carrier to take appropriate remedial action. 
        If the Commission determines that the satellite carrier 
        has fully met the requirements of such subsections, the 
        Commission shall dismiss the complaint.
  [(g) Carriage of local stations on a single dish.--
          [(1) Single dish.--Each satellite carrier that 
        retransmits the analog signals of local television 
        broadcast stations in a local market shall retransmit 
        such analog signals in such market by means of a single 
        reception antenna and associated equipment.
          [(2) Exception.--If the carrier retransmits signals 
        in the digital television service, the carrier shall 
        retransmit such digital signals in such market 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 for analog television service 
        signals.
          [(3) Effective date.--The requirements of paragraphs 
        (1) and (2) of this subsection shall apply on and after 
        18 months after the date of enactment of the Satellite 
        Home Viewer Extension and Reauthorization Act of 2004.
          [(4) Notice of disruptions.--A carrier that is 
        providing signals of a local television broadcast 
        station in a local market under this section on the 
        date of enactment of the Satellite Home Viewer 
        Extension and Reauthorization Act of 2004 shall, not 
        later than 15 months after such date of enactment, 
        provide to the licensees for such stations and the 
        carrier's subscribers in such local market a notice 
        that displays prominently and conspicuously a clear 
        statement of--
                  [(A) any reallocation of signals between 
                different reception antennas and associated 
                equipment that the carrier intends to make in 
                order to comply with the requirements of this 
                subsection;
                  [(B) the need, if any, for subscribers to 
                obtain an additional reception antenna and 
                associated equipment to receive such signals; 
                and
                  [(C) any cessation of carriage or other 
                material change in the carriage of signals as a 
                consequence of the requirements of this 
                paragraph.]
  (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).
  (h) Additional notices to subscribers, networks, and stations 
concerning signal carriage.--
          (1) Notices to and elections by subscribers 
        concerning grandfathered signals.--Any carrier that 
        provides a distant signal of a network station to a 
        subscriber pursuant section 339(a)(2)(A) shall--
                  (A) within 60 days after the local signal of 
                a network station of the same television 
                network is available pursuant to section 338, 
                or within 60 days after the date of enactment 
                of the Satellite Home Viewer Extension and 
                Reauthorization Act of 2004, whichever is 
                later, send a notice to the subscriber--
                          (i) offering to substitute the local 
                        network signal for the duplicating 
                        distant network signal; and
                          (ii) informing the subscriber that, 
                        if the subscriber fails to respond in 
                        60 days, the subscriber will lose the 
                        distant network signal but will be 
                        permitted to subscribe to the local 
                        network signal; and
                  (B) if the subscriber--
                          (i) elects to substitute such local 
                        network signal within such 60 days, 
                        switch such subscriber to such local 
                        network signal within 10 days after the 
                        end of such 60-day period; or
                          (ii) fails to respond within such 60 
                        days, terminate the distant network 
                        signal within 10 days after the end of 
                        such 60-day period.
          (2) Notice to station licensees of commencement of 
        local-into-local service.--
                  (A) Notice required.--Within 180 days after 
                the date of enactment of the Satellite Home 
                Viewer Extension and Reauthorization Act of 
                2004, the Commission shall revise the 
                regulations under this section relating to 
                notice to broadcast station licensees to comply 
                with the requirements of this paragraph.
                  (B) Contents of commencement notice.--The 
                notice required by such regulations shall 
                inform each television broadcast station 
                licensee within any local market in which a 
                satellite carrier proposes to commence carriage 
                of signals of stations from that market, not 
                later than 60 days prior to the commencement of 
                such carriage--
                          (i) of the carrier's intention to 
                        launch local-into-local service under 
                        this section in a local market, the 
                        identity of that local market, and the 
                        location of the carrier's proposed 
                        local receive facility for that local 
                        market;
                          (ii) of the right of such licensee to 
                        elect carriage under this section or 
                        grant retransmission consent under 
                        section 325(b);
                          (iii) that such licensee has 30 days 
                        from the date of the receipt of such 
                        notice to make such election; and
                          (iv) that failure to make such 
                        election will result in the loss of the 
                        right to demand carriage under this 
                        section for the remainder of the 3-year 
                        cycle of carriage under section 325.
                  (C) Transmission of notices.--Such 
                regulations shall require that each satellite 
                carrier shall transmit the notices required by 
                such regulation via certified mail to the 
                address for such television station licensee 
                listed in the consolidated database system 
                maintained by the Commission.
  (i) Privacy rights of satellite subscribers.--
          (1) Notice.--At the time of entering into an 
        agreement to provide any satellite service or other 
        service to a subscriber and at least once a year 
        thereafter, a satellite carrier shall provide notice in 
        the form of a separate, written statement to such 
        subscriber which clearly and conspicuously informs the 
        subscriber of--
                  (A) the nature of personally identifiable 
                information collected or to be collected with 
                respect to the subscriber and the nature of the 
                use of such information;
                  (B) the nature, frequency, and purpose of any 
                disclosure which may be made of such 
                information, including an identification of the 
                types of persons to whom the disclosure may be 
                made;
                  (C) the period during which such information 
                will be maintained by the satellite carrier;
                  (D) the times and place at which the 
                subscriber may have access to such information 
                in accordance with paragraph (5); and
                  (E) the limitations provided by this section 
                with respect to the collection and disclosure 
                of information by a satellite carrier and the 
                right of the subscriber under paragraphs (7) 
                and (9) to enforce such limitations.
        In the case of subscribers who have entered into such 
        an agreement before the effective date of this 
        subsection, such notice shall be provided within 180 
        days of such date and at least once a year thereafter.
          (2) Definitions.--For purposes of this subsection, 
        other than paragraph (9)--
                  (A) the term ``personally identifiable 
                information'' does not include any record of 
                aggregate data which does not identify 
                particular persons;
                  (B) the term ``other service'' includes any 
                wire or radio communications service provided 
                using any of the facilities of a satellite 
                carrier that are used in the provision of 
                satellite service; and
                  (C) the term ``satellite carrier'' includes, 
                in addition to persons within the definition of 
                satellite carrier, any person who--
                          (i) is owned or controlled by, or 
                        under common ownership or control with, 
                        a satellite carrier; and
                          (ii) provides any wire or radio 
                        communications service.
          (3) Prohibitions.--
                  (A) Consent to collection.--Except as 
                provided in subparagraph (B), a satellite 
                carrier shall not use any facilities used by 
                the satellite carrier to collect personally 
                identifiable information concerning any 
                subscriber without the prior written or 
                electronic consent of the subscriber concerned.
                  (B) Exceptions.--A satellite carrier may use 
                such facilities to collect such information in 
                order to--
                          (i) obtain information necessary to 
                        render a satellite service or other 
                        service provided by the satellite 
                        carrier to the subscriber; or
                          (ii) detect unauthorized reception of 
                        satellite communications.
          (4) Disclosure.--
                  (A) Consent to disclosure.--Except as 
                provided in subparagraph (B), a satellite 
                carrier shall not disclose personally 
                identifiable information concerning any 
                subscriber without the prior written or 
                electronic consent of the subscriber concerned 
                and shall take such actions as are necessary to 
                prevent unauthorized access to such information 
                by a person other than the subscriber or 
                satellite carrier.
                  (B) Exceptions.--A satellite carrier may 
                disclose such information if the disclosure 
                is--
                          (i) necessary to render, or conduct a 
                        legitimate business activity related 
                        to, a satellite service or other 
                        service provided by the satellite 
                        carrier to the subscriber;
                          (ii) subject to paragraph (9), made 
                        pursuant to a court order authorizing 
                        such disclosure, if the subscriber is 
                        notified of such order by the person to 
                        whom the order is directed;
                          (iii) a disclosure of the names and 
                        addresses of subscribers to any 
                        satellite service or other service, 
                        if--
                                  (I) the satellite carrier has 
                                provided the subscriber the 
                                opportunity to prohibit or 
                                limit such disclosure; and
                                  (II) the disclosure does not 
                                reveal, directly or indirectly, 
                                the--
                                          (aa) extent of any 
                                        viewing or other use by 
                                        the subscriber of a 
                                        satellite service or 
                                        other service provided 
                                        by the satellite 
                                        carrier; or
                                          (bb) the nature of 
                                        any transaction made by 
                                        the subscriber over any 
                                        facilities used by the 
                                        satellite carrier; or
                          (iv) to a government entity as 
                        authorized under chapter 119, 121, or 
                        206 of title 18, United States Code, 
                        except that such disclosure shall not 
                        include records revealing satellite 
                        subscriber selection of video 
                        programming from a satellite carrier.
          (5) Access by subscriber.--A satellite subscriber 
        shall be provided access to all personally identifiable 
        information regarding that subscriber which is 
        collected and maintained by a satellite carrier. Such 
        information shall be made available to the subscriber 
        at reasonable times and at a convenient place 
        designated by such satellite carrier. A satellite 
        subscriber shall be provided reasonable opportunity to 
        correct any error in such information.
          (6) Destruction of information.--A satellite carrier 
        shall destroy personally identifiable information if 
        the information is no longer necessary for the purpose 
        for which it was collected and there are no pending 
        requests or orders for access to such information under 
        paragraph (5) or pursuant to a court order.
          (7) Penalties.--Any person aggrieved by any act of a 
        satellite carrier in violation of this section may 
        bring a civil action in a United States district court. 
        The court may award--
                  (A) actual damages but not less than 
                liquidated damages computed at the rate of $ 
                100 a day for each day of violation or $ 1,000, 
                whichever is higher;
                  (B) punitive damages; and
                  (C) reasonable attorneys' fees and other 
                litigation costs reasonably incurred.
        The remedy provided by this subsection shall be in 
        addition to any other lawful remedy available to a 
        satellite subscriber.
          (8) Rule of construction.--Nothing in this title 
        shall be construed to prohibit any State from enacting 
        or enforcing laws consistent with this section for the 
        protection of subscriber privacy.
          (9) Court orders.--Except as provided in paragraph 
        (4)(B)(iv), a governmental entity may obtain personally 
        identifiable information concerning a satellite 
        subscriber pursuant to a court order only if, in the 
        court proceeding relevant to such court order--
                  (A) such entity offers clear and convincing 
                evidence that the subject of the information is 
                reasonably suspected of engaging in criminal 
                activity and that the information sought would 
                be material evidence in the case; and
                  (B) the subject of the information is 
                afforded the opportunity to appear and contest 
                such entity's claim.
  (j) Regulations by Commission.--Within 1 year after the date 
of the enactment of this section, the Commission shall issue 
regulations implementing this section following a rulemaking 
proceeding. The regulations prescribed under this section shall 
include requirements on satellite carriers that are comparable 
to the requirements on cable operators under sections 614(b)(3) 
and (4) and 615(g)(1) and (2).
  (k) Definitions.--As used in this section:
          (1) Distributor.--The term ``distributor'' means an 
        entity which contracts to distribute secondary 
        transmissions from a satellite carrier and, either as a 
        single channel or in a package with other programming, 
        provides the secondary transmission either directly to 
        individual subscribers or indirectly through other 
        program distribution entities.
          (2) Eligible satellite carrier.--The term ``eligible 
        satellite carrier'' means any satellite carrier that is 
        not a party to a carriage contract with a qualified 
        noncommercial educational television station or its 
        representative that--
                  (A) governs carriage of more than 30 such 
                stations; and
                  (B) is in force and effect as of the date of 
                enactment of the Satellite Television Extension 
                and Localism Act of 2009.
          [(2)] (3) Local receive facility.--The term ``local 
        receive facility'' means the reception point in each 
        local market which a satellite carrier designates for 
        delivery of the signal of the station for purposes of 
        retransmission.
          [(3)] (4) Local market.--The term ``local market'' 
        has the meaning given that term under section 122(j) of 
        title 17, United States Code.
          [(4)] (5) Low power television station.--The term 
        ``low power television station'' means a low power 
        television station as defined under section 74.701(f) 
        of title 47, Code of Federal Regulations, as in effect 
        on June 1, 2004. For purposes of this paragraph, the 
        term ``low power television station'' includes a low 
        power television station that has been accorded primary 
        status as a Class A television licensee under section 
        73.6001(a) of title 47, Code of Federal Regulations.
          (6) Qualified noncommercial educational television 
        station.--The term ``qualified noncommercial 
        educational television station'' has the meaning given 
        such term in section 615(l)(1) of this Act.
          [(5)] (7) Satellite carrier.--The term ``satellite 
        carrier'' has the meaning given such term under section 
        119(d) of title 17, United States Code.
          [(6)] (8) Secondary transmission.--The term 
        ``secondary transmission'' has the meaning given such 
        term in section 119(d) of title 17, United States Code.
          [(7)] (9) Subscriber.--The term ``subscriber'' has 
        the meaning given that term under section 122(j) of 
        title 17, United States Code.
          [(8)] (10) Television broadcast station.--The term 
        ``television broadcast station'' has the meaning given 
        such term in section 325(b)(7).

SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE 
                    CARRIERS.

                            [47 U.S.C. 339]

  (a) Provisions relating to carriage of distant signals.--
          (1) Carriage permitted.--
                  (A) In general.--Subject to section 119 of 
                title 17, United States Code, any satellite 
                carrier shall be permitted to provide the 
                signals of no more than two network stations in 
                a single day for each television network to any 
                household not located within the local markets 
                of those network stations.
                  (B) Additional service.--In addition to 
                signals provided under subparagraph (A), any 
                satellite carrier may also provide service 
                under the statutory license of section 122 of 
                title 17, United States Code, to the local 
                market within which such household is located. 
                The service provided under section 122 of such 
                title may be in addition to the two signals 
                provided under section 119 of such title. [Such 
                two network stations may be comprised of both 
                the analog signal and digital signal of not 
                more than two network stations.]
          (2) Replacement of distant signals with local 
        signals.--Notwithstanding any other provision of 
        paragraph (1), the following rules shall apply after 
        the date of enactment of the [Satellite Home Viewer 
        Extension and Reauthorization Act of 2004:] Satellite 
        Television Extension and Localism Act of 2009:
                  (A) Rules for [grandfathered subscribers to 
                analog signals.--] certain grandfathered 
                subscribers._
                          (i) For those receiving distant 
                        [analog] signals.--In the case of a 
                        subscriber of a satellite carrier who 
                        is eligible to receive the [analog] 
                        signal of a network station solely by 
                        reason of section 119(e) of title 17, 
                        United States Code (in this 
                        subparagraph referred to as a ``distant 
                        [analog] signal''), and who, as of 
                        [October 1, 2004,] October 1, 2009, is 
                        receiving the distant [analog] signal 
                        of that network station, the following 
                        shall apply:
                                  (I) In a case in which the 
                                satellite carrier makes 
                                available to the subscriber the 
                                analog signal of a local 
                                network station affiliated with 
                                the same television network 
                                pursuant to section 338, the 
                                carrier may only provide the 
                                secondary transmissions of the 
                                distant analog signal of a 
                                station affiliated with the 
                                same network to that 
                                subscriber--
                                          (aa) if, within 60 
                                        days after receiving 
                                        the notice of the 
                                        satellite carrier under 
                                        section 338(h)(1) of 
                                        this Act, the 
                                        subscriber elects to 
                                        retain the distant 
                                        analog signal; but
                                          (bb) only until such 
                                        time as the subscriber 
                                        elects to receive such 
                                        local analog signal.
                                  (II) Notwithstanding 
                                subclause (I), the carrier may 
                                not retransmit the distant 
                                analog signal to any subscriber 
                                who is eligible to receive the 
                                analog signal of a network 
                                station solely by reason of 
                                section 119(e) of title 17, 
                                United States Code, unless such 
                                carrier, within 60 days after 
                                the date of the enactment of 
                                the Satellite Home Viewer 
                                Extension and Reauthorization 
                                Act of 2004, submits to that 
                                television network the list and 
                                statement required by 
                                subparagraph (F)(i).
                          (ii) For those not receiving distant 
                        [analog] signals.--In the case of any 
                        subscriber of a satellite carrier who 
                        is eligible to receive the distant 
                        [analog] signal of a network station 
                        solely by reason of section 119(e) of 
                        title 17, United States Code, and who 
                        did not receive a distant [analog] 
                        signal of a station affiliated with the 
                        same network on October 1, [2004,] 
                        2009, the carrier may not provide the 
                        secondary transmissions of the distant 
                        [analog] signal of a station affiliated 
                        with the same network to that 
                        subscriber.
                  [(B) Rules for other subscribers to analog 
                signals.--In the case of a subscriber of a 
                satellite carrier who is eligible to receive 
                the analog signal of a network station under 
                this section (in this subparagraph referred to 
                as a ``distant analog signal''), other than 
                subscribers to whom subparagraph (A) applies, 
                the following shall apply:
                          [(i) In a case in which the satellite 
                        carrier makes available to that 
                        subscriber, on January 1, 2005, the 
                        analog signal of a local network 
                        station affiliated with the same 
                        television network pursuant to section 
                        338, the carrier may only provide the 
                        secondary transmissions of the distant 
                        analog signal of a station affiliate 
                        with the same network to that 
                        subscriber if the subscriber's 
                        satellite carrier, not later than March 
                        1, 2005, submits to that television 
                        network the list and statement required 
                        by subparagraph (F)(i).
                          [(ii) In a case in which the 
                        satellite carrier does not make 
                        available to that subscriber, on 
                        January 1, 2005, the analog signal of a 
                        local network station pursuant to 
                        section 338, the carrier may only 
                        provide the secondary transmissions of 
                        the distant analog signal of a station 
                        affiliated with the same network to 
                        that subscriber if--
                                  [(I) that subscriber seeks to 
                                subscribe to such distant 
                                analog signal before the date 
                                on which such carrier commences 
                                to carry pursuant to section 
                                338 the analog signals of 
                                stations from the local market 
                                of such local network station; 
                                and
                                  [(II) the satellite carrier, 
                                within 60 days after such date, 
                                submits to each television 
                                network the list and statement 
                                required by subparagraph 
                                (F)(ii).]
                  (B) Rules for other subscribers.--A 
                subscriber of a satellite carrier, other than a 
                subscriber to whom subparagraph (A) applies, 
                who was lawfully receiving the distant signal 
                of a network station on the day before the date 
                of enactment of the Satellite Television 
                Extension and Localism Act of 2009 may continue 
                to receive such distant signal until such 
                subscriber chooses to no longer receive such 
                distant signal from such carrier, whether or 
                not such subscriber elects to subscribe to 
                local signals.
                  (C) Future applicability.--A satellite 
                carrier may not provide a distant [analog] 
                signal (within the meaning of subparagraph (A) 
                or (B)) to a person who--
                          (i) is not a subscriber lawfully 
                        receiving such secondary transmission 
                        as of the date of the enactment of [the 
                        Satellite Home Viewer Extension and 
                        Reauthorization Act of 2004;] the 
                        Satellite Television Extension and 
                        Localism Act of 2009; and
                          [(ii) at the time such person seeks 
                        to subscribe to receive such secondary 
                        transmission, resides in a local market 
                        where the satellite carrier makes 
                        available to that person the analog 
                        signal of a local network station 
                        affiliated with the same television 
                        network pursuant to section 338, and 
                        the retransmission of such signal by 
                        such carrier can reach such 
                        subscriber.]
                          (ii) either--
                                  (I) at the time such person 
                                seeks to subscribe to receive 
                                such secondary transmission, 
                                resides in a local market where 
                                the satellite carrier makes 
                                available to that person the 
                                signal of a local network 
                                station affiliated with the 
                                same television network 
                                pursuant to section 338, and 
                                the retransmission of such 
                                signal by such carrier can 
                                reach such subscriber; or
                                  (II) receives from the 
                                satellite carrier the signal of 
                                a network station affiliated 
                                with the same network that is 
                                broadcast by a local station in 
                                the market where the subscriber 
                                resides, but is not the local 
                                station's primary video.
                  [(D) Special rules for distant digital 
                signals.--
                          [(i) Eligibility.--In the case of a 
                        subscriber of a satellite carrier who, 
                        with respect to a local network 
                        station--
                                  [(I) is a subscriber whose 
                                household is located outside 
                                the coverage area of the analog 
                                signal of such station as 
                                predicted by the model 
                                specified in subsection (c)(3) 
                                of this section for the signal 
                                intensity required under 
                                section 73.683(a) of title 47 
                                of the Code of Federal 
                                Regulations, or a successor 
                                regulation;
                                  [(II) is in an unserved 
                                household as determined under 
                                section 119(d)(1)(A) of title 
                                17, United States Code; or
                                  [(III) is, after the date on 
                                which the conditions required 
                                by clause (vii) are met with 
                                respect to such station, 
                                determined under clause (vi) of 
                                this subparagraph to be unable 
                                to receive a digital signal of 
                                such local network station that 
                                exceeds the signal intensity 
                                standard specified in such 
                                clause;
                        such subscriber is eligible to receive 
                        the digital signal of a distant network 
                        station affiliated with the same 
                        network under this section (in this 
                        subparagraph referred to as a ``distant 
                        digital signal'') subject to the 
                        provisions of this subparagraph.
                          [(ii) Pre-enactment distant digital 
                        signal subscribers.--Any eligible 
                        subscriber under this subparagraph who 
                        is a lawful subscriber to such a 
                        distant digital signal as of the date 
                        of enactment of the Satellite Home 
                        Viewer Extension and Reauthorization 
                        Act of 2004 may continue to receive 
                        such distant digital signal, whether or 
                        not such subscriber elects to subscribe 
                        to local digital signals.
                          [(iii) Local-to-local analog 
                        markets.--In a case in which the 
                        satellite carrier makes available to an 
                        eligible subscriber under this 
                        subparagraph the analog signal of a 
                        local network station pursuant to 
                        section 338, the carrier may only 
                        provide the distant digital signal of a 
                        station affiliated with the same 
                        network to that subscriber if--
                                  [(I) in the case of any local 
                                market in the 48 contiguous 
                                States of the United States, 
                                the distant digital signal is 
                                the secondary transmission of a 
                                station whose prime time 
                                network programming is 
                                generally broadcast 
                                simultaneously with, or later 
                                than, the prime time network 
                                programming of the affiliate of 
                                the same network in the local 
                                market;
                                  [(II) in any local market, 
                                the retransmission of the 
                                distant digital signal of the 
                                distant station occupies at 
                                least the equivalent bandwidth 
                                (as such term is defined by the 
                                Commission under section 
                                340(h)(4)) as the digital 
                                signal broadcast by such 
                                station; and
                                  [(III) the subscriber 
                                subscribes to the analog signal 
                                of such local network station 
                                within 60 days after such 
                                signal is made available by the 
                                satellite carrier, and adds to 
                                or replaces such analog signal 
                                with the digital signal from 
                                such local network station 
                                within 60 days after such 
                                signal is made available by the 
                                satellite carrier, except that 
                                such distant digital signal may 
                                continue to be provided to a 
                                subscriber who cannot be 
                                reached by the satellite 
                                transmission of the local 
                                digital signal.
                          [(iv) Local-to-local digital 
                        markets.--After the date on which a 
                        satellite carrier makes available the 
                        digital signal of a local network 
                        station, the carrier may not offer the 
                        distant digital signal of a network 
                        station affiliated with the same 
                        television network to any new 
                        subscriber to such distant digital 
                        signal after such date, except that 
                        such distant digital signal may be 
                        provided to a new subscriber who cannot 
                        be reached by the satellite 
                        transmission of the local digital 
                        signal.
                          [(v) Non-local-to-local markets. 
                        After the date of enactment of the 
                        Satellite Home Viewer Extension and 
                        Reauthorization Act of 2004, if the 
                        satellite carrier does not make 
                        available the digital signal of a local 
                        network station in a local market, the 
                        satellite carrier may offer a new 
                        subscriber after such date who is 
                        eligible under this subparagraph a 
                        distant digital signal from a station 
                        affiliated with the same network and, 
                        in the case of any local market in the 
                        48 contiguous States of the United 
                        States, whose prime time network 
                        programming is generally broadcast 
                        simultaneously with, or later than, the 
                        prime time network programming of the 
                        affiliate of the same network in the 
                        local market, except that--
                                  [(I) such carrier may 
                                continue to provide such 
                                distant digital signal to such 
                                a subscriber after the date on 
                                which the carrier makes 
                                available the digital signal of 
                                a local network station 
                                affiliated with such network 
                                only if such subscriber 
                                subscribes to the digital 
                                signal from such local network 
                                station; and
                                  [(II) the limitation 
                                contained in subclause (I) of 
                                this clause shall not apply to 
                                a subscriber that cannot be 
                                reached by the satellite 
                                transmission of the local 
                                digital signal.
                          [(vi) Signal testing for digital 
                        signals.--
                                  [(I) A subscriber shall be 
                                eligible for a distant digital 
                                signal under clause (i)(III) 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, as in 
                                effect on the date of enactment 
                                of the Satellite Home Viewer 
                                Extension and Reauthorization 
                                Act of 2004.
                                  [(II) Such test shall be 
                                conducted, upon written request 
                                for a digital signal strength 
                                test by the subscriber to the 
                                satellite carrier, within 30 
                                days after the date the 
                                subscriber submits such request 
                                for the test. Such test shall 
                                be conducted by a qualified and 
                                independent person selected by 
                                the satellite carrier and the 
                                network station or stations, or 
                                who has been previously 
                                approved by the satellite 
                                carrier and by each affected 
                                network station but not 
                                previously disapproved. A 
                                tester may not be so 
                                disapproved for a test after 
                                the tester has commenced such 
                                test.
                                  [(III) Unless the satellite 
                                carrier and the network station 
                                or stations otherwise agree, 
                                the costs of conducting the 
                                test shall be borne as follows:
                                          [(aa) If the 
                                        subscriber is not 
                                        eligible for a distant 
                                        digital signal under 
                                        clause (i)(I) of this 
                                        subparagraph (by reason 
                                        of being outside of the 
                                        coverage area of the 
                                        analog signal), the 
                                        satellite carrier may 
                                        request the station 
                                        licensee for a waiver.
                                          [(bb) If the licensee 
                                        agrees to a waiver, or 
                                        fails to respond to a 
                                        waiver request within 
                                        30 days, the subscriber 
                                        may receive such 
                                        distant digital signal.
                                          [(cc) If the licensee 
                                        refuses to grant a 
                                        waiver, the subscriber 
                                        may request the 
                                        satellite carrier to 
                                        conduct the test.
                                          [(dd) If the 
                                        satellite carrier 
                                        requests the test and--
                                                  [(AA) the 
                                                station's 
                                                signal is 
                                                determined to 
                                                exceed such 
                                                signal 
                                                intensity 
                                                standard, the 
                                                costs of the 
                                                test shall be 
                                                borne by the 
                                                satellite 
                                                carrier; and
                                                  [(BB) the 
                                                station's 
                                                signal is 
                                                determined to 
                                                not exceed such 
                                                signal 
                                                intensity 
                                                standard, the 
                                                costs of the 
                                                test shall be 
                                                borne by the 
                                                licensee.
                                          [(ee) If the 
                                        satellite carrier does 
                                        not request the test, 
                                        or fails to respond 
                                        within 30 days, the 
                                        subscriber may request 
                                        the test be conducted 
                                        under the supervision 
                                        of the carrier, and the 
                                        costs of the test shall 
                                        be borne by the 
                                        subscriber in 
                                        accordance with 
                                        regulations prescribed 
                                        by the Commission. Such 
                                        regulations shall also 
                                        require the carrier to 
                                        notify the subscriber 
                                        of the typical costs of 
                                        such test.
                          [(vii) Trigger events for use of 
                        testing.--A subscriber shall not be 
                        eligible for a distant digital signal 
                        under clause (i)(III) pursuant to a 
                        test conducted under clause (vii) 
                        until--
                                  [(I) in the case of a 
                                subscriber whose household is 
                                located within the area 
                                predicted to be served (by the 
                                predictive model for analog 
                                signals under subsection (b)(3) 
                                of this section) by the signal 
                                of a local network station and 
                                who is seeking a distant 
                                digital signal of a station 
                                affiliated with the same 
                                network as that local network 
                                station--
                                          [(aa) April 30, 2006, 
                                        if such local network 
                                        station is within the 
                                        top 100 television 
                                        markets and--
                                                  [(AA) has 
                                                received a 
                                                tentative 
                                                digital 
                                                television 
                                                service channel 
                                                designation 
                                                that is the 
                                                same as such 
                                                station's 
                                                current digital 
                                                television 
                                                service 
                                                channel; or
                                                  [(BB) has 
                                                been found by 
                                                the Commission 
                                                to have lost 
                                                interference 
                                                protection; or
                                          [(bb) July 15, 2007, 
                                        for any other local 
                                        network stations, other 
                                        than translator 
                                        stations licensed to 
                                        broadcast on the date 
                                        of enactment of the 
                                        Satellite Home Viewer 
                                        Extension and 
                                        Reauthorization Act of 
                                        2004; or
                                  [(II) in the case of a 
                                translator station, 1 year 
                                after the date on which the 
                                Commission completes all 
                                actions necessary for the 
                                allocation and assignment of 
                                digital television licenses to 
                                television translator stations.
                          [(viii) Testing waivers.--Upon 
                        request by a local network station, the 
                        Commission may grant a waiver with 
                        respect to such station to the 
                        beginning of testing under clause 
                        (vii), and prohibit subscribers from 
                        receiving digital signal strength 
                        testing with respect to such station. 
                        Such a request shall be filed not less 
                        than 5 months prior to the 
                        implementation deadline specified in 
                        such clause, and the Commission shall 
                        act on such request by such 
                        implementation deadline. Such a waiver 
                        shall expire at the end of not more 
                        than 6 months, except that a waiver may 
                        be renewed upon a proper showing. The 
                        Commission may only grant such a 
                        request upon submission of clear and 
                        convincing evidence that the station's 
                        digital signal coverage is limited due 
                        to the unremediable presence of one or 
                        more of the following:
                                  [(I) the need for 
                                international coordination or 
                                approvals;
                                  [(II) clear zoning or 
                                environmental legal 
                                impediments;
                                  [(III) force majeure;
                                  [(IV) the station experiences 
                                a substantial decrease in its 
                                digital signal coverage area 
                                due to necessity of using side-
                                mounted antenna;
                                  [(V) substantial technical 
                                problems that result in a 
                                station experiencing a 
                                substantial decrease in its 
                                coverage area solely due to 
                                actions to avoid interference 
                                with emergency response 
                                providers; or
                                  [(VI) no satellite carrier is 
                                providing the retransmission of 
                                the analog signals of local 
                                network stations under section 
                                338 in the local market.
                        Under no circumstances may such a 
                        waiver be based upon financial 
                        exigency.
                          [(ix) Special waiver provision for 
                        translators.--Upon request by a 
                        television translator station, the 
                        Commission may grant, for not more than 
                        3 years, a waiver with respect to such 
                        station to the beginning of testing 
                        under clause (vii), and prohibit 
                        subscribers from receiving digital 
                        signal strength testing with respect to 
                        such station, if the Commission 
                        determines that the translator station 
                        is not broadcasting a digital signal 
                        due to one or more of the following:
                                  [(I) frequent occurrence of 
                                inclement weather; or
                                  [(II) mountainous terrain at 
                                the transmitter tower location.
                          [(x) Savings provision.--Nothing in 
                        this subparagraph shall be construed to 
                        affect a satellite carrier's 
                        obligations under section 338.
                          [(xi) Definition.--For purposes of 
                        clause (viii), the term ``emergency 
                        response providers'' means Federal, 
                        State, or local governmental and 
                        nongovernmental emergency public 
                        safety, law enforcement, fire, 
                        emergency response, emergency medical 
                        (including hospital emergency 
                        facilities), and related personnel, 
                        organizations, agencies, or 
                        authorities.]
                  (D) Special rules for distant signals.--
                          (i) In general.--In the case of a 
                        subscriber of a satellite carrier who, 
                        with respect to a local network 
                        station--
                                  (I) is a subscriber whose 
                                household is not predicted by 
                                the model specified in 
                                subsection (c)(3) of this 
                                section to receive the signal 
                                intensity required under 
                                section 73.622(e)(1) or 
                                73.683(a) of 47 of the Code of 
                                Federal Regulations, or a 
                                successor regulation, or
                                  (II) is in an unserved 
                                household, as determined under 
                                section 119(d)(10)(A) of title 
                                17, United States Code,
                        such subscriber is eligible to receive 
                        the signal of a distant network station 
                        affiliated with the same network under 
                        this section, subject to the provisions 
                        of this subparagraph.
                          (ii) 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) or 73.683(a) of 
                        title 47, Code of Federal Regulations.
                          (iii) Time-shifting prohibited.--In a 
                        case in which the satellite carrier 
                        makes available to an eligible 
                        subscriber under this subparagraph the 
                        signal of a local network station 
                        pursuant to section 338, the carrier 
                        may only provide the distant signal of 
                        a station affiliated with the same 
                        network to that subscriber if, in the 
                        case of any local market in the 48 
                        contiguous States of the United States, 
                        the distant signal is the secondary 
                        transmission of a station whose prime 
                        time network programming is generally 
                        broadcast simultaneously with, or later 
                        than, the prime time network 
                        programming of the affiliate of the 
                        same network in the local market.
                          (iv) Savings provision.--Nothing in 
                        this subparagraph shall be construed to 
                        affect a satellite carrier's 
                        obligations under section 338.
                  (E) Authority to grant station-specific 
                waivers.--This paragraph shall not prohibit a 
                retransmission of a [distant analog signal or 
                distant digital signal (within the meaning of 
                subparagraph (A), (B), or (D))] distant signal 
                of any distant network station to any 
                subscriber to whom the signal of a local 
                network station affiliated with the same 
                network is available, if and to the extent that 
                such local network station has affirmatively 
                granted a waiver from the requirements of this 
                paragraph to such satellite carrier with 
                respect to retransmission of such distant 
                network station to such subscriber.
                  (F) Notices to networks of distant signal 
                subscribers.--
                          (i) Within 60 days after the date of 
                        enactment of the Satellite Home Viewer 
                        Extension and Reauthorization Act of 
                        2004, each satellite carrier that 
                        provides a distant signal of a network 
                        station to a subscriber pursuant to 
                        subparagraph (A) or (B)(i) of this 
                        paragraph shall submit to each 
                        network--
                                  (I) a list, aggregated by 
                                designated market area, 
                                identifying each subscriber 
                                provided such a signal by--
                                          (aa) name;
                                          (bb) address (street 
                                        or rural route number, 
                                        city, State, and zip 
                                        code); and
                                          (cc) the distant 
                                        network signal or 
                                        signals received; and
                                  (II) a statement that, to the 
                                best of the carrier's knowledge 
                                and belief after having made 
                                diligent and good faith 
                                inquiries, the subscriber is 
                                qualified under the existing 
                                law to receive the distant 
                                network signal or signals 
                                pursuant to subparagraph (A) or 
                                (B)(i) of this paragraph.
                          (ii) Within 60 days after the date a 
                        satellite carrier commences to carry 
                        pursuant to section 338 the signals of 
                        stations from a local market, such a 
                        satellite carrier that provides a 
                        distant signal of a network station to 
                        a subscriber pursuant to subparagraph 
                        (B)(ii) of this paragraph shall submit 
                        to each network--
                                  (I) a list identifying each 
                                subscriber in that local market 
                                provided such a signal by--
                                          (aa) name;
                                          (bb) address (street 
                                        or rural route number, 
                                        city, State, and zip 
                                        code); and
                                          (cc) the distant 
                                        network signal or 
                                        signals received; and
                                  (II) a statement that, to the 
                                best of the carrier's knowledge 
                                and belief after having made 
                                diligent and good faith 
                                inquiries, the subscriber is 
                                qualified under the existing 
                                law to receive the distant 
                                network signal or signals 
                                pursuant to subparagraph 
                                (B)(ii) of this paragraph.
                  (G) Other provisions not affected.--This 
                paragraph shall not affect the eligibility of a 
                subscriber to receive secondary transmissions 
                under section 340 of this Act or as an unserved 
                household included under section 119(a)(12) of 
                title 17, United States Code.
                  (H) Available defined.--For purposes of this 
                paragraph, a satellite carrier makes available 
                a local signal to a subscriber or person if the 
                satellite carrier offers that local signal to 
                other subscribers who reside in the same zip 
                code as that subscriber or person.
          (3) Penalty for violation.--Any satellite carrier 
        that knowingly and willfully provides the signals of 
        television stations to subscribers in violation of this 
        subsection shall be liable for a forfeiture penalty 
        under section 503 in the amount of $ 50,000 for each 
        violation or each day of a continuing violation, except 
        that paragraph (2)(D) of this subsection, relating to 
        the provision of distant digital signals, shall be 
        enforceable under the provisions of section 340(f).
  (b) Extension of network nonduplication, syndicated 
exclusivity, and sports blackout to satellite retransmission.--
          (1) Extension of protections.--Within 45 days after 
        the date of the enactment of the Satellite Home Viewer 
        Improvement Act of 1999, the Commission shall commence 
        a single rulemaking proceeding to establish regulations 
        that--
                  (A) apply network nonduplication protection 
                (47 CFR 76.92) syndicated exclusivity 
                protection (47 CFR 76.151), and sports blackout 
                protection (47 CFR 76.67) to the retransmission 
                of the signals of nationally distributed 
                superstations by satellite carriers to 
                subscribers; and
                  (B) to the extent technically feasible and 
                not economically prohibitive, apply sports 
                blackout protection (47 CFR 76.67) to the 
                retransmission of the signals of network 
                stations by satellite carriers to subscribers.
          (2) Deadline for action.--The Commission shall 
        complete all actions necessary to prescribe regulations 
        required by this section so that the regulations shall 
        become effective within 1 year after such date of 
        enactment.
  (c) Eligibility for retransmission.--
          (1) Study of digital strength testing procedures.--
                  (A) Study required.--Not later than 1 year 
                after the date of the enactment of the 
                Satellite Home Viewer Extension and 
                Reauthorization Act of 2004, the Federal 
                Communications Commission shall complete an 
                inquiry regarding whether, for purposes of 
                identifying if a household is unserved by an 
                adequate digital signal under section 
                119(d)(10) of title 17, United States Code, the 
                digital signal strength standard in section 
                73.622(e)(1) of title 47, Code of Federal 
                Regulations, or the testing procedures in 
                section 73.686(d) of title 47, Code of Federal 
                Regulations, such statutes or regulations 
                should be revised to take into account the 
                types of antennas that are available to 
                consumers.
                  (B) Study considerations.--In conducting the 
                study under this paragraph, the Commission 
                shall consider whether--
                          (i) to account for the fact that an 
                        antenna can be mounted on a roof or 
                        placed in a home and can be fixed or 
                        capable of rotating;
                          (ii) section 73.686(d) of title 47, 
                        Code of Federal Regulations, should be 
                        amended to create different procedures 
                        for determining if the requisite 
                        digital signal strength is present than 
                        for determining if the requisite analog 
                        signal strength is present;
                          (iii) a standard should be used other 
                        than the presence of a signal of a 
                        certain strength to ensure that a 
                        household can receive a high-quality 
                        picture using antennas of reasonable 
                        cost and ease of installation;
                          (iv) to develop a predictive 
                        methodology for determining whether a 
                        household is unserved by an adequate 
                        digital signal under section 119(d)(10) 
                        of title 17, United States Code;
                          (v) there is a wide variation in the 
                        ability of reasonably priced consumer 
                        digital television sets to receive 
                        over-the-air signals, such that at a 
                        given signal strength some may be able 
                        to display high-quality pictures while 
                        others cannot, whether such variation 
                        is related to the price of the 
                        television set, and whether such 
                        variation should be factored into 
                        setting a standard for determining 
                        whether a household is unserved by an 
                        adequate digital signal; and
                          (vi) to account for factors such as 
                        building loss, external interference 
                        sources, or undesired signals from both 
                        digital television and analog 
                        television stations using either the 
                        same or adjacent channels in nearby 
                        markets, foliage, and man-made clutter.
                  (C) Report.--Not later than 1 year after the 
                date of the enactment of the Satellite Home 
                Viewer Extension and Reauthorization Act of 
                2004, the Federal Communications Commission 
                shall submit to the Committee on Energy and 
                Commerce of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate a report 
                containing--
                          (i) the results of the study under 
                        this paragraph; and
                          (ii) recommendations, if any, as to 
                        what changes should be made to Federal 
                        statutes or regulations.
          (2) Waivers.--A subscriber who is denied the 
        retransmission of a signal of a network station under 
        section 119 of title 17, United States Code, may 
        request a waiver from such denial by submitting a 
        request, through such subscriber's satellite carrier, 
        to the network station asserting that the 
        retransmission is prohibited. The network station shall 
        accept or reject a subscriber's request for a waiver 
        within 30 days after receipt of the request. The 
        subscriber shall be permitted to receive such 
        retransmission under section 119(d)(10)(B) of title 17, 
        United States Code, if such station agrees to the 
        waiver request and files with the satellite carrier a 
        written waiver with respect to that subscriber allowing 
        the subscriber to receive such retransmission. If a 
        television network station fails to accept or reject a 
        subscriber's request for a waiver within the 30-day 
        period after receipt of the request, that station shall 
        be deemed to agree to the waiver request and have filed 
        such written waiver.
          [(3) Establishment of improved predictive model 
        required.--Within 180 days after the date of the 
        enactment of the Satellite Home Viewer Improvement Act 
        of 1999, the Commission shall take all actions 
        necessary, including any reconsideration, 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 effect 
        under section 119(d)(10)(A) of title 17, United States 
        Code. In prescribing such model, the Commission shall 
        rely on the Individual Location Longley-Rice model set 
        forth by the Federal Communications Commission in 
        Docket No. 98-201 and ensure that such model takes into 
        account terrain, building structures, and other land 
        cover variations. 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.]
          (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 
                Television Extension and Localism Act of 2009, 
                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, through the use of an 
                antenna, 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. In prescribing 
                such model, the Commission shall rely on the 
                Individual Location Longley-Rice model set 
                forth by the Commission in CS Docket No. 98-
                201, as previously revised with respect to 
                analog signals, and as recommended by the 
                Commission with respect to digital signals in 
                its Report to Congress in ET Docket No. 05-182, 
                FCC 05-199 (released December 9, 2005). 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 Television Extension and Localism Act 
                of 2009. In conducting such rulemaking, the 
                Commission shall seek ways to minimize consumer 
                burdens associated with on-location testing.
          (4) Objective verification.--
                  [(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 that meets the signal intensity 
                standard in effect under section 119(d)(10)(A) 
                of title 17, United States Code, 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 a 
                test in accordance with section 73.686(d) of 
                its regulations (47 CFR 73.686(d)), or any 
                successor regulation. 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 section (or 
                any successor regulation) demonstrate that the 
                subscriber does not receive a signal that meets 
                or exceeds the signal intensity standard in 
                effect under section 119(d)(10)(A) of title 17, 
                United States Code, the subscriber shall not be 
                denied the retransmission of a signal of a 
                network station under section 119 of title 17, 
                United States Code.]
                  (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.
                  (B) Designation of tester and allocation of 
                costs.--If the satellite carrier and the 
                network station or stations asserting that the 
                retransmission is prohibited are unable to 
                agree on such a person to conduct the test, the 
                person shall be designated by an independent 
                and neutral entity designated by the Commission 
                by rule. Unless the satellite carrier and the 
                network station or stations otherwise agree, 
                the costs of conducting the test under this 
                paragraph shall be borne by the satellite 
                carrier, if the station's signal meets or 
                exceeds [the signal intensity standard in 
                effect under section 119(d)(10)(A) of title 17, 
                United States Code] such requisite signal 
                intensity standard, or by the network station, 
                if its signal fails to meet or exceed such 
                standard.
                  (C) Avoidance of undue burden.--Commission 
                regulations prescribed under this paragraph 
                shall seek to avoid any undue burden on any 
                party.
                  (D) Reduction of verification burdens.--
                Within 1 year after the date of enactment of 
                the Satellite Home Viewer Extension and 
                Reauthorization Act of 2004, the Commission 
                shall by rule exempt from the verification 
                requirements of subparagraph (A) any request 
                for a test made by a subscriber to a satellite 
                carrier to whom the retransmission of the 
                signals of local broadcast stations is 
                available under section 338 from such carrier.
                  (E) Exception.--A satellite carrier may 
                refuse to engage in the testing process. If the 
                carrier does so refuse, a subscriber in a local 
                market in which the satellite carrier does not 
                offer the signals of local broadcast stations 
                under section 338 may, at his or her own 
                expense, authorize a signal intensity test to 
                be performed pursuant to the procedures 
                specified by the Commission in section 
                73.686(d) of title 47, Code of Federal 
                Regulations, by a tester who is approved by the 
                satellite carrier and by each affected network 
                station, or who has been previously approved by 
                the satellite carrier and by each affected 
                network station but not previously disapproved. 
                A tester may not be so disapproved for a test 
                after the tester has commenced such test. The 
                tester shall give 5 business days advance 
                written notice to the satellite carrier and to 
                the affected network station or stations. A 
                signal intensity test conducted in accordance 
                with this subparagraph shall be determinative 
                of the signal strength received at that 
                household for purposes of determining whether 
                the household is capable of receiving a [Grade 
                B intensity] signal.
          (5) Definition.--Notwithstanding subsection (d)(4), 
        for purposes of paragraphs (2) and (4) of this 
        subsection, the term ``satellite carrier'' includes a 
        distributor (as defined in section 119(d)(1) of title 
        17, United States Code), but only if the satellite 
        distributor's relationship with the subscriber includes 
        billing, collection, service activation, and service 
        deactivation.
  (d) Definitions.--For the purposes of this section:
          (1) Local market.--The term ``local market'' has the 
        meaning given that term under section 122(j) of title 
        17, United States Code.
          (2) Nationally distributed superstation.--The term 
        ``nationally distributed superstation'' means a 
        television broadcast station, licensed by the 
        Commission, that--
                  (A) is not owned or operated by or affiliated 
                with a television network that, as of January 
                1, 1995, offered interconnected program service 
                on a regular basis for 15 or more hours per 
                week to at least 25 affiliated television 
                licensees in 10 or more States;
                  (B) on May 1, 1991, was retransmitted by a 
                satellite carrier and was not a network station 
                at that time; and
                  (C) was, as of July 1, 1998, retransmitted by 
                a satellite carrier under the statutory license 
                of section 119 of title 17, United States Code.
          (3) Network station.--The term ``network station'' 
        has the meaning given such term under section 119(d) of 
        title 17, United States Code.
          (4) Satellite carrier.--The term ``satellite 
        carrier'' has the meaning given such term under section 
        119(d) of title 17, United States Code.
          (5) Television network.--The term ``television 
        network'' means a television network in the United 
        States which offers an interconnected program service 
        on a regular basis for 15 or more hours per week to at 
        least 25 affiliated broadcast stations in 10 or more 
        States.

SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED.

                            [47 U.S.C. 340]

  (a) Significantly viewed stations.--In addition to the 
broadcast signals that subscribers may receive under section 
338 and 339, a satellite carrier is also authorized to 
retransmit to a subscriber located in a community the signal of 
any station located outside the local market in which such 
subscriber is located, to the extent such signal--
          (1) has, before the date of enactment of the 
        Satellite Home Viewer Extension and Reauthorization Act 
        of 2004, been determined by the Federal Communications 
        Commission to be a signal a cable operator may carry as 
        significantly viewed in such community, except to the 
        extent that such signal is prevented from being carried 
        by a cable system in such community under the 
        Commission's network nonduplication and syndicated 
        exclusivity rules; or
          (2) is, after such date of enactment, determined by 
        the Commission to be significantly viewed in such 
        community in accordance with the same standards and 
        procedures concerning shares of viewing hours and 
        audience surveys as are applicable under the rules, 
        regulations, and authorizations of the Commission to 
        determining with respect to a cable system whether 
        signals are significantly viewed in a community.
  (b) Limitations.--
          [(1) Analog service limited to subscribers taking 
        local-into-local service.--With respect to a signal 
        that originates as an analog signal of a network 
        station, this section shall apply only to 
        retransmissions to subscribers of a satellite carrier 
        who receive retransmissions of a signal that originates 
        as an analog signal of a local network station from 
        that satellite carrier pursuant to section 338.
          [(2) Digital service limitations.--With respect to a 
        signal that originates as a digital signal of a network 
        station, this section shall apply only if--
                  [(A) the subscriber receives from the 
                satellite carrier pursuant to section 338 the 
                retransmission of the digital signal of a 
                network station in the subscriber's local 
                market that is affiliated with the same 
                television network; and
                  [(B) either--
                          [(i) the retransmission of the local 
                        network station occupies at least the 
                        equivalent bandwidth as the digital 
                        signal retransmitted pursuant to this 
                        section; or
                          [(ii) the retransmission of the local 
                        network station is comprised of the 
                        entire bandwidth of the digital signal 
                        broadcast by such local network 
                        station.]
          (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.
          (3) Limitation not applicable where no network 
        affiliates.--The limitations in paragraphs (1) and (2) 
        shall not prohibit a retransmission under this section 
        to a subscriber located in a local market in which 
        there are no network stations affiliated with the same 
        television network as the station whose signal is being 
        retransmitted pursuant to this section.
          (4) Authority to grant station-specific waivers.--
        Paragraphs (1) and (2) shall not prohibit a 
        retransmission of a network station to a subscriber if 
        and to the extent that the network station in the local 
        market in which the subscriber is located, and that is 
        affiliated with the same television network, has 
        privately negotiated and affirmatively granted a waiver 
        from the requirements of paragraph (1) and (2) to such 
        satellite carrier with respect to retransmission of the 
        significantly viewed station to such subscriber.
  (c) Publication and modifications of lists; regulations.--
          (1) In general.--The Commission shall--
                  (A) within 60 days after the date of 
                enactment of the Satellite Home Viewer 
                Extension and Reauthorization Act of 2004--
                          (i) publish a list of the stations 
                        that are eligible for retransmission 
                        under subsection (a)(1) and the 
                        communities in which such stations are 
                        eligible for such retransmission; and
                          (ii) commence a rulemaking proceeding 
                        to implement this section by 
                        publication of a notice of proposed 
                        rulemaking;
                  (B) adopt rules pursuant to such rulemaking 
                within 1 year after such date of enactment.
          (2) Public availability of list.--The Commission 
        shall make readily available to the public in 
        electronic form, on the Internet website of the 
        Commission or other comparable facility, a list of the 
        stations that are eligible for retransmission under 
        subsection (a) and the communities in which such 
        stations are eligible for such retransmission. The 
        Commission shall update such list within 10 business 
        days after the date on which the Commission issues an 
        order making any modification of such stations and 
        communities.
          (3) Modifications.--In addition to cable operators 
        and television broadcast station licensees, the 
        Commission shall permit a satellite carrier to petition 
        for decisions and orders--
                  (A) by which stations may be added to those 
                that are eligible for retransmission under 
                subsection (a), and by which communities may be 
                added in which such stations are eligible for 
                such retransmission; and
                  (B) by which network nonduplication or 
                syndicated exclusivity regulations are applied 
                to the retransmission in accordance with 
                subsection (e).
  (d) Effect on other obligations and rights.--
          (1) No effect on carriage obligations.--Carriage of a 
        signal under this section is not mandatory, and any 
        right of a station licensee to have the signal of such 
        station carried under section 338 is not affected by 
        the eligibility of such station to be carried under 
        this section.
          (2) Retransmission consent rights not affected.--The 
        eligibility of the signal of a station to be carried 
        under this section does not affect any right of the 
        licensee of such station to grant (or withhold) 
        retransmission consent under section 325(b)(1).
  (e) Network nonduplication and syndicated exclusivity.--
          (1) Not applicable except as provided by commission 
        regulations.--Signals eligible to be carried under this 
        section are not subject to the Commission's regulations 
        concerning network nonduplication or syndicated 
        exclusivity unless, pursuant to regulations adopted by 
        the Commission, the Commission determines to permit 
        network nonduplication or syndicated exclusivity to 
        apply within the appropriate zone of protection.
          (2) Limitation.--Nothing in this subsection or 
        Commission regulations shall permit the application of 
        network nonduplication or syndicated exclusivity 
        regulations to the retransmission of distant signals of 
        network stations that are carried by a satellite 
        carrier pursuant to a statutory license under section 
        119(a)(2)(A) or (B) of title 17, United States Code, 
        with respect to persons who reside in unserved 
        households, under 119(a)(4)(A), or under section 
        119(a)(12), of such title.
  (f) Enforcement.--
          (1) Orders and damages.--Upon complaint, the 
        Commission shall issue a cease and desist order to any 
        satellite carrier found to have violated this section 
        in carrying any television broadcast station. Such 
        order may, if a complaining station requests damages--
                  (A) provide for the award of damages to a 
                complaining station that establishes that the 
                violation was committed in bad faith, in an 
                amount up to $ 50 per subscriber, per station, 
                per day of the violation; and
                  (B) provide for the award of damages to a 
                prevailing satellite carrier if the Commission 
                determines that the complaint was frivolous, in 
                an amount up to $ 50 per subscriber alleged to 
                be in violation, per station alleged, per day 
                of the alleged violation.
          (2) Commission decision.--The Commission shall issue 
        a final determination resolving a complaint brought 
        under this subsection not later than 180 days after the 
        submission of a complaint under this subsection. The 
        Commission may hear witnesses if it clearly appears, 
        based on written filings by the parties, that there is 
        a genuine dispute about material facts. Except as 
        provided in the preceding sentence, the Commission may 
        issue a final ruling based on written filings by the 
        parties.
          (3) Remedies in addition. The remedies under this 
        subsection are in addition to any remedies available 
        under title 17, United States Code.
          (4) No effect on copyright proceedings.--Any 
        determination, action, or failure to act of the 
        Commission under this subsection shall have no effect 
        on any proceeding under title 17, United States Code, 
        and shall not be introduced in evidence in any 
        proceeding under that title. In no instance shall a 
        Commission enforcement proceeding under this subsection 
        be required as a predicate to the pursuit of a remedy 
        available under title 17.
  (g) Notices concerning significantly viewed stations.--Each 
satellite carrier that proposes to commence the retransmission 
of a station pursuant to this section in any local market 
shall--
          (1) not less than 60 days before commencing such 
        retransmission, provide a written notice to any 
        television broadcast station in such local market of 
        such proposal; and
          (2) designate on such carrier's website all 
        significantly viewed signals carried pursuant to 
        section 340 and the communities in which the signals 
        are carried.
  (h) Additional corresponding changes in regulations.--
          (1) Community-by-community elections.--The Commission 
        shall, no later than October 30, 2005, revise section 
        76.66 of its regulations (47 CFR 76.66), concerning 
        satellite broadcast signal carriage, to permit (at the 
        next cycle of elections under section 325) a television 
        broadcast station that is located in a local market 
        into which a satellite carrier retransmits a television 
        broadcast station pursuant to section 338, to elect, 
        with respect to such satellite carrier, between 
        retransmission consent pursuant to such section 325 and 
        mandatory carriage pursuant to section 338 separately 
        for each county within such station's local market, 
        if--
                  (A) the satellite carrier has notified the 
                station, pursuant to paragraph (3), that it 
                intends to carry another affiliate of the same 
                network pursuant to this section during the 
                relevant election period in the station's local 
                market; or
                  (B) on the date notification under paragraph 
                (3) was due, the satellite carrier was 
                retransmitting into the station's local market 
                pursuant to this section an affiliate of the 
                same television network.
          (2) Unified negotiations.--In revising its 
        regulations as required by paragraph (1), the 
        Commission shall provide that any such station shall 
        conduct a unified negotiation for the entire portion of 
        its local market for which retransmission consent is 
        elected.
          (3) Additional provisions.--The Commission shall, no 
        later than October 30, 2005, revise its regulations to 
        provide the following:
                  (A) Notifications by satellite carrier.--A 
                satellite carrier's retransmission of 
                television broadcast stations pursuant to this 
                section shall be subject to the following 
                limitations:
                          (i) In any local market in which the 
                        satellite carrier provides service 
                        pursuant to section 338 on the date of 
                        enactment of the Satellite Home Viewer 
                        Extension and Reauthorization Act of 
                        2004, the carrier may notify a 
                        television broadcast station in that 
                        market, at least 60 days prior to any 
                        date on which the station must 
                        thereafter make an election under 
                        section 76.66 of the Commission's 
                        regulations (47 CFR 76.66), of--
                                  (I) each affiliate of the 
                                same television network that 
                                the carrier reserves the right 
                                to retransmit into that 
                                station's local market pursuant 
                                to this section during the next 
                                election cycle under such 
                                section of such regulations; 
                                and
                                  (II) for each such affiliate, 
                                the communities into which the 
                                satellite carrier reserves the 
                                right to make such 
                                retransmissions.
                          (ii) In any local market in which the 
                        satellite carrier commences service 
                        pursuant to section 338 after the date 
                        of enactment of the Satellite Home 
                        Viewer Extension and Reauthorization 
                        Act of 2004, the carrier may notify a 
                        station in that market, at least 60 
                        days prior to the introduction of such 
                        service in that market, and thereafter 
                        at least 60 days prior to any date on 
                        which the station must thereafter make 
                        an election under section 76.66 of the 
                        Commission's regulations (47 CFR 
                        76.66), of each affiliate of the same 
                        television network that the carrier 
                        reserves the right to retransmit into 
                        that station's local market during the 
                        next election cycle under such section 
                        of such regulations.
                          (iii) Beginning with the 2005 
                        election cycle, a satellite carrier may 
                        only retransmit pursuant to this 
                        section during the pertinent election 
                        period a signal--
                                  (I) as to which it has 
                                provided the notifications set 
                                forth in clauses (i) and (ii); 
                                or
                                  (II) that it was 
                                retransmitting into the local 
                                market under this section as of 
                                the date such notifications 
                                were due.
                  (B) Harmonization of elections and 
                retransmission consent agreements.--If a 
                satellite carrier notifies a television 
                broadcast station that it reserves the right to 
                retransmit an affiliate of the same television 
                network during the next election cycle pursuant 
                to this section, the station may choose between 
                retransmission consent and mandatory carriage 
                for any portion of the 3-year election cycle 
                that is not covered by an existing 
                retransmission consent agreement.
  (i) Definitions.--As used in this section:
          (1) Local market; satellite carrier; subscriber; 
        television broadcast station.--The terms ``local 
        market'', ``satellite carrier'', ``subscriber'', and 
        ``television broadcast station'' have the meanings 
        given such terms in section 338(k).
          (2) Network station; television network.--The terms 
        ``network station'' and ``television network'' have the 
        meanings given such terms in section 339(d).
          (3) Community.--The term ``community'' means--
                  (A) a county or a cable community, as 
                determined under the rules, regulations, and 
                authorizations of the Commission applicable to 
                determining with respect to a cable system 
                whether signals are significantly viewed; or
                  (B) a satellite community, as determined 
                under such rules, regulations, and 
                authorizations (or revisions thereof) as the 
                Commission may prescribe in implementing the 
                requirements of this section.
          [(4) Bandwidth.--The terms ``equivalent bandwidth'' 
        and ``entire bandwidth'' shall be defined by the 
        Commission by regulation, except that this paragraph 
        shall not be construed--
                  [(A) to prevent a satellite operator from 
                using compression technology;
                  [(B) to require a satellite operator to use 
                the identical bandwidth or bit rate as the 
                local or distant broadcaster whose signal it is 
                retransmitting;
                  [(C) to require a satellite operator to use 
                the identical bandwidth or bit rate for a local 
                network station as it does for a distant 
                network station;
                  [(D) to affect a satellite operator's 
                obligations under subsection (a)(1); or
                  [(E) to affect the definitions of ``program 
                related'' and ``primary video''.

                                  
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