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S. 2764 (111th): Satellite Television Extension and Localism Act of 2009

The text of the bill below is as of Dec 17, 2010 (Reported by Senate Committee).


S 2764 RS

Calendar No. 709

111th CONGRESS

2d Session

S. 2764

To reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004, and for other purposes.

IN THE SENATE OF THE UNITED STATES

November 10, 2009

Mr. ROCKEFELLER (for himself and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

December 17, 2010

Reported by Mr. Rockefeller, with an amendment

[Strike all after the enacting clause and insert the part printed in italic]


A BILL

To reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004, and for other purposes.

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

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Satellite Television Extension and Localism Act of 2009’. [<-Struck out]

[Struck out->] SEC. 2. EXTENSION OF AUTHORITY. [<-Struck out]

    [Struck out->] Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- [<-Struck out]

      [Struck out->] (1) in paragraph (2)(C), by striking ‘December 31, 2009’ and inserting ‘December 31, 2014’; and [<-Struck out]

      [Struck out->] (2) in paragraph (3)(C), by striking ‘January 1, 2010’ each place it appears in clauses (ii) and (iii) and inserting ‘January 1, 2015’. [<-Struck out]

[Struck out->] SEC. 3. SIGNIFICANTLY VIEWED STATIONS. [<-Struck out]

    [Struck out->] (a) In General- Paragraphs (1) and (2) of section 340(b) of such Act (47 U.S.C. 340(b)) are amended to read as follows: [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(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.’. [<-Struck out]

    [Struck out->] (b) Rulemaking Required- Within 180 days after the date of the enactment of this Act, the Federal Communications Commission shall take all actions necessary to promulgate a rule to implement the amendments made by subsection (a). [<-Struck out]

[Struck out->] SEC. 4. CONFORMING AMENDMENTS. [<-Struck out]

    [Struck out->] (a) Section 338- Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is amended-- [<-Struck out]

      [Struck out->] (1) by striking ‘119(a)(14)’ in the first paragraph (3) of subsection (a) and inserting ‘119(a)(15)’; [<-Struck out]

      [Struck out->] (2) by striking the second paragraph (3) of subsection (a); and [<-Struck out]

      [Struck out->] (3) by striking subsection (g) and inserting the following: [<-Struck out]

    [Struck out->]

    ‘(g) Carriage of Local Stations on a Single Reception Antenna- [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(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).’. [<-Struck out]

    [Struck out->] (b) Section 339- Section 339 of such Act (47 U.S.C. 339) is amended-- [<-Struck out]

      [Struck out->] (1) in subsection (a)-- [<-Struck out]

        [Struck out->] (A) in paragraph (1)(B), by striking ‘Such two network stations’ and all that follows through ‘more than two network stations.’; and [<-Struck out]

        [Struck out->] (B) in paragraph (2)-- [<-Struck out]

          [Struck out->] (i) in the heading for subparagraph (A), by striking ‘GRANDFATHERED SUBSCRIBERS TO ANALOG SIGNALS- ’ and inserting ‘certain grandfathered subscribers- ’; [<-Struck out]

          [Struck out->] (ii) by striking ‘Satellite Home Viewer Extension and Reauthorization Act of 2004:’ and inserting ‘Satellite Television Extension and Localism Act of 2009:’; [<-Struck out]

          [Struck out->] (iii) in subparagraph (A)-- [<-Struck out]

            [Struck out->] (I) in the heading for clause (i), by striking ‘ANALOG’; [<-Struck out]

            [Struck out->] (II) in clause (i)-- [<-Struck out]

[Struck out->] (aa) by striking ‘analog’ each place it appears; and [<-Struck out]

[Struck out->] (bb) by striking ‘October 1, 2004,’ and inserting ‘October 1, 2009,’; [<-Struck out]

            [Struck out->] (III) in the heading for clause (ii), by striking ‘ANALOG’; and [<-Struck out]

            [Struck out->] (IV) in clause (ii)-- [<-Struck out]

[Struck out->] (aa) by striking ‘analog’ each place it appears; and [<-Struck out]

[Struck out->] (bb) by striking ‘2004,’ and inserting ‘2009,’; [<-Struck out]

          [Struck out->] (iv) by amending subparagraph (B) to read as follows: [<-Struck out]

        [Struck out->]

        ‘(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.’; [<-Struck out]

          [Struck out->] (v) in subparagraph (C)-- [<-Struck out]

            [Struck out->] (I) by striking ‘analog’; [<-Struck out]

            [Struck out->] (II) in clause (i), by striking ‘the Satellite Home Viewer Extension and Reauthorization Act of 2004;’ and inserting ‘the Satellite Television Extension and Localism Act of 2009;’; and [<-Struck out]

            [Struck out->] (III) by amending clause (ii) to read as follows: [<-Struck out]

          [Struck out->]

          ‘(ii) either-- [<-Struck out]

            [Struck out->]

            ‘(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 [<-Struck out]

            [Struck out->]

            ‘(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.’; [<-Struck out]

          [Struck out->] (vi) by striking subparagraph (D) and inserting the following: [<-Struck out]

        [Struck out->]

        ‘(D) Special rules for distant signals- [<-Struck out]

          [Struck out->]

          ‘(i) In general- In the case of a subscriber of a satellite carrier who, with respect to a local network station-- [<-Struck out]

            [Struck out->]

            ‘(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 [<-Struck out]

            [Struck out->]

            ‘(II) is in an unserved household, as determined under section 119(d)(10)(A) of title 17, United States Code, [<-Struck out]

          [Struck out->] 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. [<-Struck out]

          [Struck out->]

          ‘(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. [<-Struck out]

          [Struck out->]

          ‘(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. [<-Struck out]

          [Struck out->]

          ‘(iv) Savings provision- Nothing in this subparagraph shall be construed to affect a satellite carrier’s obligations under section 338.’; and [<-Struck out]

          [Struck out->] (vii) in subparagraph (E), by striking ‘distant analog signal or’ and all that follows through ‘(B), or (D))’ and inserting ‘distant signal’; and [<-Struck out]

      [Struck out->] (2) in subsection (c)-- [<-Struck out]

        [Struck out->] (A) by striking paragraph (3) and inserting the following: [<-Struck out]

      [Struck out->]

      ‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED- [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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.’; [<-Struck out]

        [Struck out->] (B) by striking paragraph (4)(A) and inserting the following: [<-Struck out]

        [Struck out->]

        ‘(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.’; [<-Struck out]

        [Struck out->] (C) in paragraph (4)(B), by striking ‘the signal intensity’ and all that follows through ‘United States Code’ and inserting ‘such requisite signal intensity standard’; and [<-Struck out]

        [Struck out->] (D) in paragraph (4)(E), by striking ‘Grade B intensity’. [<-Struck out]

    [Struck out->] (c) Section 340- Section 340(i) of such Act (47 U.S.C. 340(i)) is amended by striking paragraph (4). [<-Struck out]

[Struck out->] SEC. 5. APPLICATION PENDING COMPLETION OF RULEMAKINGS. [<-Struck out]

    [Struck out->] (a) In General- Between the date of enactment of this Act and the adoption of rules by the Federal Communications Commission pursuant to the amendments to the Communications Act of 1934 made by sections 3 and 4 of this Act, the Federal Communications Commission shall follow its rules and regulations promulgated pursuant to sections 338, 339, and 340 of the Communications Act of 1934 as in effect on the day before the date of enactment of this Act. [<-Struck out]

    [Struck out->] (b) Translator Stations and Low Power Television Stations- Notwithstanding subsection (a), 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 such Act, the Federal Communications 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. [<-Struck out]

    [Struck out->] (c) Definitions- As used in this Act: [<-Struck out]

      [Struck out->] (1) LOCAL MARKET; LOW POWER TELEVISION STATION; SATELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION- The terms ‘local market’, ‘low power television station’, ‘satellite carrier’, ‘subscriber’, and ‘television broadcast station’ have the meanings given such terms in section 338(k) of the Communications Act of 1934. [<-Struck out]

      [Struck out->] (2) NETWORK STATION; TELEVISION NETWORK- The terms ‘network station’ and ‘television network’ have the meanings given such terms in section 339(d) of such Act. [<-Struck out]

[Struck out->] SEC. 6. SAVINGS CLAUSE REGARDING DEFINITIONS. [<-Struck out]

    [Struck out->] Nothing in this Act or the amendments made by this Act shall be construed to affect the definitions of ‘program related’ and ‘primary video’ in the Communications Act of 1934 or in any regulations promulgated pursuant to such Act by the Federal Communications Commission. [<-Struck out]

[Struck out->] SEC. 7. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS. [<-Struck out]

    [Struck out->] (a) In General- Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a)) is amended by adding at the end the following new paragraph: [<-Struck out]

      [Struck out->]

      ‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS- [<-Struck out]

        [Struck out->]

        ‘(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: [<-Struck out]

          [Struck out->]

          ‘(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. [<-Struck out]

          [Struck out->]

          ‘(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition. [<-Struck out]

        [Struck out->]

        ‘(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.’. [<-Struck out]

    [Struck out->] (b) Definitions- Section 338(k) of such Act (47 U.S.C. 338(k)) is amended-- [<-Struck out]

      [Struck out->] (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; [<-Struck out]

      [Struck out->] (2) by inserting after paragraph (1) the following new paragraph: [<-Struck out]

      [Struck out->]

      ‘(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-- [<-Struck out]

        [Struck out->]

        ‘(A) governs carriage of more than 30 such stations; and [<-Struck out]

        [Struck out->]

        ‘(B) is in force and effect as of the date of enactment of the Satellite Television Extension and Localism Act of 2009.’; [<-Struck out]

      [Struck out->] (3) by redesignating paragraphs (6) through (9) (as previously redesignated) as paragraphs (7) through (10), respectively; and [<-Struck out]

      [Struck out->] (4) by inserting after paragraph (5) (as so redesignated) the following new paragraph: [<-Struck out]

      [Struck out->]

      ‘(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.’. [<-Struck out]

[Struck out->] SEC. 8. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING MODIFICATIONS. [<-Struck out]

    [Struck out->] (a) STUDY- The Comptroller General shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Federal Communications Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General deems appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming. [<-Struck out]

    [Struck out->] (b) REPORT- Not later than 12 months after the date of enactment of this Act, the Comptroller General shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce the results of the study, including any recommendations for legislative or administrative actions. [<-Struck out]

[Struck out->] SEC. 9. SEVERABILITY. [<-Struck out]

    [Struck out->] If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provisions to any person or circumstance shall not be affected thereby. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Satellite Television Extension and Localism Act of 2009’.

SEC. 2. EXTENSION OF AUTHORITY.

    Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended--

      (1) in paragraph (2)(C), by striking ‘December 31, 2009’ and inserting ‘December 31, 2014’; and

      (2) in paragraph (3)(C), by striking ‘January 1, 2010’ each place it appears in clauses (ii) and (iii) and inserting ‘January 1, 2015’.

SEC. 3. SIGNIFICANTLY VIEWED STATIONS.

    (a) In General- Paragraphs (1) and (2) of section 340(b) of such Act (47 U.S.C. 340(b)) are amended to read as follows:

      ‘(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.’.

    (b) Rulemaking Required- Within 180 days after the date of the enactment of this Act, the Federal Communications Commission shall take all actions necessary to promulgate a rule to implement the amendments made by subsection (a).

SEC. 4. CONFORMING AMENDMENTS.

    (a) Section 338- Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is amended--

      (1) by striking ‘119(a)(14)’ in the first paragraph (3) of subsection (a) and inserting ‘119(a)(15)’;

      (2) by striking the second paragraph (3) of subsection (a); and

      (3) by striking subsection (g) and inserting the following:

    ‘(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).’.

    (b) Section 339- Section 339 of such Act (47 U.S.C. 339) is amended--

      (1) in subsection (a)--

        (A) in paragraph (1)(B), by striking ‘Such two network stations’ and all that follows through ‘more than two network stations.’; and

        (B) in paragraph (2)--

          (i) in the heading for subparagraph (A), by striking ‘GRANDFATHERED SUBSCRIBERS TO ANALOG SIGNALS- and inserting ‘certain grandfathered subscribers- ’;

          (ii) by striking ‘Satellite Home Viewer Extension and Reauthorization Act of 2004:’ and inserting ‘Satellite Television Extension and Localism Act of 2009:’;

          (iii) in subparagraph (A)--

            (I) in the heading for clause (i), by striking ‘ANALOG’;

            (II) in clause (i)--

(aa) by striking ‘analog’ each place it appears; and

(bb) by striking ‘October 1, 2004,’ and inserting ‘October 1, 2009,’;

            (III) in the heading for clause (ii), by striking ‘ANALOG’; and

            (IV) in clause (ii)--

(aa) by striking ‘analog’ each place it appears; and

(bb) by striking ‘2004,’ and inserting ‘2009,’;

          (iv) by amending subparagraph (B) to read as follows:

        ‘(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.’;

          (v) in subparagraph (C)--

            (I) by striking ‘analog’;

            (II) in clause (i), by striking ‘the Satellite Home Viewer Extension and Reauthorization Act of 2004;’ and inserting ‘the Satellite Television Extension and Localism Act of 2009;’; and

            (III) by amending clause (ii) to read as follows:

          ‘(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.’;

          (vi) by striking subparagraph (D) and inserting the following:

        ‘(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.’; and

          (vii) in subparagraph (E), by striking ‘distant analog signal or’ and all that follows through ‘(B), or (D))’ and inserting ‘distant signal’; and

      (2) in subsection (c)--

        (A) by striking paragraph (3) and inserting the following:

      ‘(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.’;

        (B) by striking paragraph (4)(A) and inserting the following:

        ‘(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.’;

        (C) in paragraph (4)(B), by striking ‘the signal intensity’ and all that follows through ‘United States Code’ and inserting ‘such requisite signal intensity standard’; and

        (D) in paragraph (4)(E), by striking ‘Grade B intensity’.

    (c) Section 340- Section 340(i) of such Act (47 U.S.C. 340(i)) is amended by striking paragraph (4).

SEC. 5. APPLICATION PENDING COMPLETION OF RULEMAKINGS.

    (a) In General- Between the date of enactment of this Act and the adoption of rules by the Federal Communications Commission pursuant to the amendments to the Communications Act of 1934 made by sections 3 and 4 of this Act, the Federal Communications Commission shall follow its rules and regulations promulgated pursuant to sections 338, 339, and 340 of the Communications Act of 1934 as in effect on the day before the date of enactment of this Act.

    (b) Translator Stations and Low Power Television Stations- Notwithstanding subsection (a), 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 such Act, the Federal Communications 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.

    (c) Definitions- As used in this Act:

      (1) LOCAL MARKET; LOW POWER TELEVISION STATION; SATELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION- The terms ‘local market’, ‘low power television station’, ‘satellite carrier’, ‘subscriber’, and ‘television broadcast station’ have the meanings given such terms in section 338(k) of the Communications Act of 1934.

      (2) NETWORK STATION; TELEVISION NETWORK- The terms ‘network station’ and ‘television network’ have the meanings given such terms in section 339(d) of such Act.

SEC. 6. SAVINGS CLAUSE REGARDING DEFINITIONS.

    Nothing in this Act or the amendments made by this Act shall be construed to affect the definitions of ‘program related’ and ‘primary video’ in the Communications Act of 1934 or in any regulations promulgated pursuant to such Act by the Federal Communications Commission.

SEC. 7. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.

    (a) In General- Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a)) is amended by adding at the end the following new paragraph:

      ‘(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) Definitions- Section 338(k) of such Act (47 U.S.C. 338(k)) is amended--

      (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively;

      (2) by inserting after paragraph (1) the following new paragraph:

      ‘(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.’;

      (3) by redesignating paragraphs (6) through (9) (as previously redesignated) as paragraphs (7) through (10), respectively; and

      (4) by inserting after paragraph (5) (as so redesignated) the following new paragraph:

      ‘(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.’.

SEC. 8. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING MODIFICATIONS.

    (a) STUDY- The Comptroller General shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Federal Communications Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General deems appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming.

    (b) REPORT- Not later than 12 months after the date of enactment of this Act, the Comptroller General shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce the results of the study, including any recommendations for legislative or administrative actions.

SEC. 9. LOCAL NETWORK CHANNEL BROADCAST REPORTS.

    (a) In General- Beginning 6 months after the date of enactment of this Act, each satellite carrier shall submit a report to the Federal Communications Commission setting forth--

      (1) each local market in which it provides signals of 1 or more network stations licensed to provide signals in that market;

      (2) detailed information regarding the use of satellite capacity for the provision of local signals into local markets;

      (3) each local market in which it has commenced providing such signals in the 6-month period covered by the report; and

      (4) each local market in which it has ceased to provide such signals in the 6-month period covered by the report.

    (b) FCC Study- As soon as practicable after the date of enactment of this Act, the Federal Communications Commission shall initiate a study of--

      (1) incentives that would induce a satellite carrier to provide the signals of 1 or more television stations licensed to provide signals in local markets in which the satellite carrier does not provide such signals; and

      (2) the economic and satellite capacity conditions affecting delivery of local signals by satellite carriers to these markets.

    (c) Report- Within 1 year after the date of enactment of this Act, the Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing its findings, conclusions, and recommendations.

    (d) Definitions- In this section, the terms ‘local market’, ‘network station’, ‘satellite carrier’, and ‘television network’ have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)).

SEC. 10. STATE PUBLIC AFFAIRS BROADCASTS.

    Section 335(b) of the Communications Act of 1934 (47 U.S.C. 335(b)) is amended--

      (1) by inserting ‘State Public Affairs,’ after ‘Educational,’ in the heading;

      (2) by striking paragraph (1) and inserting the following:

      ‘(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.’; and

      (3) by adding at the end of paragraph (5) the following:

        ‘(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. 11. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provisions to any person or circumstance shall not be affected thereby.

Calendar No. 709

111th CONGRESS

2d Session

S. 2764

A BILL

To reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004, and for other purposes.


December 17, 2010

Reported with an amendment