H.R. 3192 (104th): Satellite Home Viewer Protection Act of 1996

104th Congress, 1995–1996. Text as of Mar 28, 1996 (Introduced).

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HR 3192 IH

104th CONGRESS

2d Session

H. R. 3192

To make amendments to section 119 of title 17 of the United States Code.

IN THE HOUSE OF REPRESENTATIVES

March 28, 1996

Mr. MOORHEAD introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To make amendments to section 119 of title 17 of the United States Code.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ‘Satellite Home Viewer Protection Act of 1996’.

SEC. 2. NOTICE TO SUBSCRIBERS.

    Section 119(a)(2) is amended by adding the following at the end:

        ‘(D) NOTICE TO SUBSCRIBERS- A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, prior to providing service of broadcast signals under this title to a subscriber, provide the subscriber with a written statement describing and quoting the network territorial restrictions of subsections (a) (2), (5), (8), (9), and (10) of this section. Such statement shall describe the circumstances under which a subscriber may not be eligible for satellite service of a particular network station, and a subscriber’s rights under subsection (a)(8) of this section. With respect to subscribers currently receiving broadcast signals under this title, the satellite carrier shall provide the written statement described in this subsection to such subscribers no later than 60 days after the enactment of this Act.’.

SEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES.

    Section 119(a)(8) is amended as follows:

      (1) Subparagraph (A) is amended to read:

        ‘(A) IN GENERAL- Subject to subparagraph (C), upon a challenge by a network station regarding whether a subscriber is an unserved household within the predicted grade B contour of the station, the satellite carrier shall, within 30 days after receipt of the challenge--

          ‘(i) inform the subscriber who is the subject of the challenge from the network station in writing that the network station has challenged the subscriber’s receipt of the signal of the same network from the satellite carrier; and

          ‘(ii) offer the subscriber the option of the satellite carrier conducting a measurement of the signal intensity of the subscriber’s household to determine whether the household is an unserved household. If the subscriber does not request, in writing, the satellite carrier to conduct a signal intensity measurement within 30 days of notification of the challenge from the satellite carrier, the satellite carrier shall terminate service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated.

        If the subscriber requests the satellite carrier to conduct a signal intensity measurement as described in clause (ii), the satellite carrier shall give reasonable notice to the network station issuing the challenge to the subscriber that the satellite carrier will be conducting a signal intensity measurement.’.

      (2) Subparagraph (B) is amended to read:

        ‘(B) EFFECT OF MEASUREMENT; COSTS- If the satellite carrier conducts a signal intensity measurement under subparagraph (A) and the measurement indicates that--

          ‘(i) the household is not an unserved household, the satellite carrier shall, within 60 days after the measurement is conducted, terminate the service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated. In addition, the subscriber that requested the satellite carrier to conduct the measurement shall reimburse the satellite carrier for the costs of the measurement within 60 days after receipt of the measurement results and a statement of costs of the measurement; or

          ‘(ii) the household is an unserved household, the station challenging the service shall reimburse the satellite carrier for the costs of the signal measurement within 60 days after receipt of the measurement results and a statement of the costs of the measurement.

      (3) Subparagraph (D) is deleted.

SEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION.

    Section 119(a)(11) is amended as follows:

      ‘(11) Signal intensity measurement; arbitration-

        ‘(A) VOLUNTARY NEGOTIATION- Satellite carriers and network broadcasters may negotiate the terms and conditions, including technical standards and costs, of the signal intensity measurement described in subsection (a)(8). A complete description of the agreed upon terms of the measurement shall be filed with the Register of Copyrights no later than 30 days after execution of the agreement.

        ‘(B) ARBITRATION- If satellite carriers and network broadcasters are unable to agree to the terms and conditions of the signal intensity measurement within 30 days after the enactment of this Act, they shall submit the matter to binding arbitration. Such arbitration shall be governed by the provisions of title 9 of the United States Code, and shall be completed and a decision rendered no later than 90 days after the enactment of this Act. The parties shall give notice to the Register of Copyrights of any determination reached by arbitration no later than 30 days after issuance of the determination. Such determination shall be dispositive.

SEC. 5. EFFECTIVE DATE.

    (a) IN GENERAL- Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date of enactment of this Act.

    (b) TRANSITIONAL SIGNAL INTENSITY MEASUREMENT PROCEDURES- The provisions of section 119(a)(8), relating to the transitional signal intensity measurements, shall cease to be effective on December 31, 1997.