W. J. (Billy) Tauzin Satellite Television Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4518 Received in Senate (RDS)]

2d Session
H. R. 4518

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 7, 2004

Received

_______________________________________________________________________

AN ACT

To extend the statutory license for secondary transmissions by
satellite carriers of transmissions by television broadcast stations
under title 17, United States Code, and to amend the Communications Act
of 1934 with respect to such transmissions, and for other purposes.

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

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

(a) Short Titles.--This Act may be cited as the ``Satellite Home
Viewer Extension and Reauthorization Act of 2004'' or the ``W. J.
(Billy) Tauzin Satellite Television Act of 2004''.
(b) Table of Contents.-- The table of contents for this Act is as
follows:

Sec. 1. Short titles; table of contents.
TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other
signals; technical amendments.
Sec. 103. Statutory license for satellite carriers outside local
markets.
Sec. 104. Statutory license for satellite retransmission of low power
television stations.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting
superstation signals to commercial
establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide
satellite secondary transmissions to local
markets.
Sec. 109. Study.
TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations
concerning signal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Unserved digital customers.
Sec. 209. Reduction of required tests.

TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

SEC. 101. EXTENSION OF AUTHORITY.

(a) In General.--Section 4(a) of the Satellite Home Viewer Act of
1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is
amended by striking ``December 31, 2004'' and inserting ``December 31,
2009''.
(b) Extension for Certain Subscribers.--Section 119(e) of title 17,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2009''.

SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER
SIGNALS; TECHNICAL AMENDMENTS.

Section 119(a) of title 17, United States Code, is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``and pbs
satellite feed'';
(B) in the first sentence, by striking ``(3), (4),
and (6)'' and inserting ``(5), (6), and (8)'';
(C) in the first sentence, by striking ``or by the
Public Broadcasting Service satellite feed''; and
(D) by striking the second sentence;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``(3), (4),
(5), and (6)'' and inserting ``(5), (6), (7), and
(8)''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Exceptions.--
``(i) States with single full-power network
station.--In a State in which there is licensed
by the Federal Communications Commission a
single full-power station that was a network
station on January 1, 1995, the statutory
license provided for in subparagraph (A) shall
apply to the secondary transmission by a
satellite carrier of the primary transmission
of that station to any subscriber in a
community that is located within that State and
that is not within the first 50 television
markets as listed in the regulations of the
Commission as in effect on such date (47 CFR
76.51).
``(ii) States with all network stations and
superstations in same local market.--In a State
in which all network stations and superstations
licensed by the Federal Communications
Commission within that State as of January 1,
1995, are assigned to the same local market and
that local market does not encompass all
counties of that State, the statutory license
provided under subparagraph (A) shall apply to
the secondary transmission by a satellite
carrier of the primary transmissions of such
station to all subscribers in the State who
reside in a local market that is within the
first 50 major television markets as listed in
the regulations of the Commission as in effect
on such date (section 76.51 of tile 47 of the
Code of Federal Regulations).
``(iii) Certain additional stations.--If 2
adjacent counties in a single State are in a
local market comprised principally of counties
located in another State, the statutory license
provided for in subparagraph (A) shall apply to
the secondary transmission by a satellite
carrier to subscribers in those 2 counties of
the primary transmissions of any network
station located in the capital of the State in
which such 2 counties are located, if--
``(I) the 2 counties are located in
a local market that is in the top 100
markets for the year 2003 according to
Nielsen Media Research; and
``(II) the total number of
television households in the 2 counties
combined did not exceed 10,000 for the
year 2003 according to Nielsen Media
Research.
``(D) Submission of subscriber lists to networks.--
``(i) Initial lists.--A satellite carrier
that makes secondary transmissions of a primary
transmission made by a network station pursuant
to subparagraph (A) shall, 90 days after
commencing such secondary transmissions, submit
to the network that owns or is affiliated with
the network station--
``(I) a list identifying (by name
and address, including street or rural
route number, city, State, and zip
code) all subscribers to which the
satellite carrier makes secondary
transmissions of that primary
transmission to subscribers in unserved
households; and
``(II) a separate list, aggregated
by designated market area (as defined
in section 122(j)) (by name and
address, including street or rural
route number, city, State, and zip
code), which shall indicate those
subscribers being served pursuant to
paragraph (3), relating to
significantly viewed stations.
``(ii) Monthly lists.--After the submission
of the initial lists under clause (i), on the
15th of each month, the satellite carrier shall
submit to the network--
``(I) a list identifying (by name
and address, including street or rural
route number, city, State, and zip
code) any persons who have been added
or dropped as subscribers under clause
(i)(I) since the last submission under
clause (i); and
``(II) a separate list, aggregated
by designated market area (by name and
street address, including street or
rural route number, city, State, and
zip code), identifying those
subscribers whose service pursuant to
paragraph (3), relating to
significantly viewed stations, has been
added or dropped.
``(iii) Use of subscriber information.--
Subscriber information submitted by a satellite
carrier under this subparagraph may be used
only for purposes of monitoring compliance by
the satellite carrier with this subsection.
``(iv) Applicability.--The submission
requirements of this subparagraph shall apply
to a satellite carrier only if the network to
which the submissions are to be made places on
file with the Register of Copyrights a document
identifying the name and address of the person
to whom such submissions are to be made. The
Register shall maintain for public inspection a
file of all such documents.'';
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
``(3) Secondary transmissions of significantly viewed
signals.--
``(A) In general.--Notwithstanding the provisions
of paragraph (2)(B), and subject to subparagraph (B) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the primary transmission of a network
station or a superstation to a subscriber who resides
outside the station's local market (as defined in
section 122(j)) but within a community in which the
signal has been determined by the Federal
Communications Commission, to be significantly viewed
in such community, pursuant to the rules, regulations
and authorizations of the Federal Communications
Commission in effect on April 15, 1976, applicable to
determining with respect to a cable system whether
signals are significantly viewed in a community.
``(B) Limitation.--Subparagraph (A) shall apply
only to secondary transmissions of the primary
transmissions of network stations and superstations to
subscribers who receive secondary transmissions from a
satellite carrier pursuant to the statutory license
under section 122.
``(C) Waiver.--
``(i) In general.--A subscriber who is
denied the secondary transmission of the
primary transmission of a network station under
subparagraph (B) may request a waiver from such
denial by submitting a request, through the
subscriber's satellite carrier, to the network
station in the local market affiliated with the
same network where the subscriber is located.
The network station shall accept or reject the
subscriber's request for a waiver within 30
days after receipt of the request. If the
network station fails to accept or reject the
subscriber's request for a waiver within that
30-day period, that network station shall be
deemed to agree to the waiver request. Unless
specifically stated by the network station, a
waiver that was granted before the date of the
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004 under
section 339(c)(2) of the Communications Act of
1934 shall not constitute a waiver for purposes
of this subparagraph.
``(ii) Sunset.--The authority under clause
(i) to grant waivers shall terminate on
December 31, 2008, and any such waiver in
effect shall terminate on that date.'';
(7) in paragraph (2)(B)(i), by adding at the end the
following new sentence: ``The limitation in this clause shall
not apply to secondary transmissions under paragraph (3).''.

SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL
MARKETS.

Section 119 of title 17, United States Code, is amended as follows:
(1) Subsection (a) is amended by inserting after paragraph
(3), as added by section 102 of this Act, the following:
``(4) Statutory license where retransmissions into local
market available.--
``(A) Rules for subscribers under subsection (e).--
``(i) For those receiving distant
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive
the secondary transmission of the primary
transmission of a network station solely by
reason of subsection (e) (in this subparagraph
referred to as a `distant signal'), and who, as
of October 1, 2004, is receiving the distant
signal of that network station, the following
shall apply:
``(I) In a case in which the
satellite carrier makes available to
the subscriber the secondary
transmission of the primary
transmission of a local network station
affiliated with the same television
network pursuant to the statutory
license under section 122, the
statutory license under paragraph (2)
shall apply only to secondary
transmissions by that satellite carrier
to that subscriber of the distant
signal of a station affiliated with the
same television network--
``(aa) if, within 60 days
after receiving the notice of
the satellite carrier under
section 338(h)(1) of the
Communications Act of 1934, the
subscriber elects to retain the
distant signal; but
``(bb) only until such time
as the subscriber elects to
receive such local signal.
``(II) Notwithstanding subclause
(I), the statutory license under
paragraph (2) shall not apply with
respect to any subscriber who is
eligible to receive the distant signal
of a television network station solely
by reason of subsection (e), unless the
satellite 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 a list,
aggregated by designated market area
(as defined in section 122(j)(2)(C)),
that--
``(aa) identifies that
subscriber by name and address
(street or rural route number,
city, State, and zip code) and
specifies the distant signals
received by the subscriber; and
``(bb) states, to the best
of the satellite carrier's
knowledge and belief, after
having made diligent and good
faith inquiries, that the
subscriber is eligible under
subsection (e) to receive the
distant signals.
``(ii) For those not receiving distant
signals.--In the case of any subscriber of a
satellite carrier who is eligible to receive
the distant signal of a network station solely
by reason of subsection (e) and who did not
receive a distant signal of a station
affiliated with the same network on October 1,
2004, the statutory license under paragraph (2)
shall not apply to secondary transmissions by
that satellite carrier to that subscriber of
the distant signal of a station affiliated with
the same network.
``(B) Rules for other subscribers.--In the case of
a subscriber of a satellite carrier who is eligible to
receive the secondary transmission of the primary
transmission of a network station under the statutory
license under paragraph (2) (in this subparagraph
referred to as a `distant 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 secondary transmission of
the primary transmission of a local network
station affiliated with the same television
network pursuant to the statutory license under
section 122, the statutory license under
paragraph (2) shall apply only to secondary
transmissions by that satellite carrier to that
subscriber of the distant signal of a station
affiliated with the same television network if
the subscriber's satellite carrier, not later
than March 1, 2005, submits to that television
network a list, aggregated by designated market
area (as defined in section 122(j)(2)(C)), that
identifies that subscriber by name and address
(street or rural route number, city, State, and
zip code) and specifies the distant signals
received by the subscriber.
``(ii) In a case in which the satellite
carrier does not make available to that
subscriber, on January 1, 2005, the secondary
transmission of the primary transmission of a
local network station affiliated with the same
television network pursuant to the statutory
license under section 122, the statutory
license under paragraph (2) shall apply only to
secondary transmissions by that satellite
carrier of the distant signal of a station
affiliated with the same network to that
subscriber if--
``(I) that subscriber seeks to
subscribe to such distant signal before
the date on which such carrier
commences to provide pursuant to the
statutory license under section 122 the
secondary transmissions of the primary
transmission 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 a list that
identifies each subscriber in that
local market provided such a signal by
name and address (street or rural route
number, city, State, and zip code) and
specifies the distant signals received
by the subscriber.
``(C) Future applicability.--The statutory license
under paragraph (2) shall not apply to the secondary
transmission by a satellite carrier of a primary
transmission of a network station 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; 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 secondary transmission of the
primary transmission of a local network station
affiliated with the same television network
pursuant to the statutory license under section
122.
``(D) Other provisions not affected.--This
paragraph shall not affect the applicability of the
statutory license to secondary transmissions under
paragraph (3) or to unserved households included under
paragraph (12).
``(E) Waiver.--A subscriber who is denied the
secondary transmission of a network station under
subparagraph (C) may request a waiver from such denial
by submitting a request, through the subscriber's
satellite carrier, to the network station in the local
market affiliated with the same network where the
subscriber is located. The network station shall accept
or reject the subscriber's request for a waiver within
30 days after receipt of the request. If the network
station fails to accept or reject the subscriber's
request for a waiver within that 30-day period, that
network station shall be deemed to agree to the waiver
request. Unless specifically stated by the network
station, a waiver that was granted before the date of
the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004 under section 339(c)(2)
of the Communications Act of 1934 shall not constitute
a waiver for purposes of this subparagraph.
``(F) Available defined.--For purposes of this
paragraph, a satellite carrier makes available a
secondary transmission of the primary transmission of
local station to a subscriber or person if the
satellite carrier offers that secondary transmission to
other subscribers who reside in the same zip code as
that subscriber or person.''.
(2) Subsection (a) is amended by adding at the end the
following:
``(14) Waivers.--A subscriber who is denied the secondary
transmission of a signal of a network station under subsection
(a)(2)(B) may request a waiver from such denial by submitting a
request, through the subscriber's satellite carrier, to the
network station asserting that the secondary transmission is
prohibited. The network station shall accept or reject a
subscriber's request for a waiver within 30 days after receipt
of the request. 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. Unless specifically stated by the network
station, a waiver that was granted before the date of the
enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section 339(c)(2) of the
Communications Act of 1934, and that was in effect on such date
of enactment, shall constitute a waiver for purposes of this
subparagraph.''.
(3) Subsection (b)(1) is amended by striking subparagraph
(B) and inserting the following:
``(B) a royalty fee for that 6-month period,
computed by multiplying the total number of subscribers
receiving each secondary transmission of each
superstation or network station during each calendar
month by the appropriate rate in effect under this
section.''.
(4) Subsection (b)(1) is further amended by adding at the
end the following flush sentence: ``Notwithstanding the
provisions of subparagraph (B), a satellite carrier whose
secondary transmissions are subject to statutory licensing
under paragraph (1) or (2) of subsection (a) shall have no
royalty obligation for secondary transmissions to a subscriber
under paragraph (3) of such subsection.''.
(5) Subsection (c) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) Applicability and determination of royalty fees.--The
appropriate fee for purposes of determining the royalty fee
under subsection (b)(1)(B) shall be the appropriate fee set
forth in part 258 of title 37, Code of Federal Regulations, as
in effect on July 1, 2004, as modified under this
subsection.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``July
1, 1996,'' and inserting ``January 2, 2005,'';
(ii) in subparagraph (C)--
(I) in the heading, by inserting
``; public notice'' after
``agreements'';
(II) in the first sentence, by
striking ``Voluntary agreements'' and
inserting ``(i) Voluntary agreements'';
and
(III) by adding at the end the
following:
``(ii)(I) Within 10 days after the publication in
the Federal Register of a notice of the initiation of
voluntary negotiation proceedings, parties who have
reached a voluntary agreement may request that the
royalty fees in that agreement be applied to all
satellite carriers, distributors, and copyright owners
without convening an arbitration proceeding pursuant to
paragraph (3).
``(II) Upon receiving a request under subclause
(I), the Librarian of Congress shall immediately
provide public notice of the royalty fees from the
voluntary agreement and afford parties an opportunity
to state that they object to those fees.
``(III) The Librarian shall adopt the royalty fees
from the voluntary agreement for all satellite
carriers, distributors, and copyright owners without
convening an arbitration proceeding unless a party with
an intent to participate in the arbitration proceeding
and a significant interest in the outcome of that
proceeding objects under subclause (II).''; and
(iii) in subparagraph (D), by striking
``December 31, 1999,'' and inserting ``December
31, 2009'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``January 1,
1997,'' and inserting ``May 1, 2005,'';
and
(II) by striking ``who are not
parties to a voluntary agreement filed
with the Copyright Office in accordance
with paragraph (2).'' and inserting
``and distributors--
``(i) in the absence of a voluntary
agreement filed in accordance with paragraph
(2) that establishes the royalty fees to be
paid by all satellite carriers and
distributors; or
``(ii) if an objection to the fees from a
voluntary agreement submitted for adoption by
the Librarian of Congress to apply to all
satellite carriers, distributors, and copyright
owners is received under paragraph (2)(C) from
a party with an intent to participate in the
arbitration proceeding and a significant
interest in the outcome of that proceeding.'';
(ii) in the first sentence of subparagraph
(B), by inserting after ``value of secondary
transmissions'' the following: ``, except that
the Librarian of Congress and any copyright
arbitration royalty panel shall adjust those
fees to account for the obligations of the
parties under any applicable voluntary
agreements filed with the Copyright Office
pursuant to paragraph (2).''; and
(iii) in subparagraph (C)(ii), by striking
``become effective as provided'' and all that
follows through ``later'' and inserting ``be
effective as of January 1, 2005''; and
(D) by striking paragraphs (4) and (5).
(6) Subsection (a)(7), as redesignated by section 102(5) of
this Act, is amended--
(A) in subparagraph (A), by striking ``who does not
reside in an unserved household'' and inserting ``who
is not eligible to receive the transmission under this
section'';
(B) in subparagraph (B), by striking ``who do not
reside in unserved households'' and inserting ``who are
not eligible to receive the transmission under this
section''; and
(C) in subparagraph (D), by striking ``is for
private home viewing to an unserved household'' and
inserting ``is to a subscriber who is eligible to
receive the secondary transmission under this
section''.

SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER
TELEVISION STATIONS.

(a) In General.--Section 119(a) of title 17, United States Code (as
amended by sections 102 and 103 of this Act), is further amended by
adding at the end the following:
``(15) Carriage of low power television stations.--
``(A) In general.--Notwithstanding paragraph
(2)(B), and subject to subparagraphs (B) through (F) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the primary transmission of a network
station or a superstation that is licensed as a low
power television station, to a subscriber who resides
within the same local market.
``(B) Geographic limitation.--
``(i) Network stations.--With respect to
network stations, secondary transmissions
provided for in subparagraph (A) shall be
limited to secondary transmissions to
subscribers who--
``(I) reside in the same local
market as the station originating the
signal; and
``(II) reside within 35 miles of
the transmitter site of such station,
except that in the case of such a
station located in a standard
metropolitan statistical area which has
1 of the 50 largest populations of all
standard metropolitan statistical areas
(based on the 1980 decennial census of
population taken by the Secretary of
Commerce), the number of miles shall be
20.
``(ii) Superstations.--With respect to
superstations, secondary transmissions provided
for in subparagraph (A) shall be limited to
secondary transmissions to subscribers who
reside in the same local market as the station
originating the signal.
``(C) No applicability to repeaters and
translators.--Secondary transmissions provided for in
subparagraph (A) shall not apply to any low power
television station that retransmits the programs and
signals of another television station for more than 2
hours each day.
``(D) Royalty fees.--Notwithstanding subsection
(b)(1)(B), a satellite carrier whose secondary
transmissions of the primary transmissions of a low
power television station are subject to statutory
licensing under this section shall have no royalty
obligation for secondary transmissions to a subscriber
who resides within 35 miles of the transmitter site of
such station, except that in the case of such a station
located in a standard metropolitan statistical area
which has 1 of the 50 largest populations of all
standard metropolitan statistical areas (based on the
1980 decennial census of population taken by the
Secretary of Commerce), the number of miles shall be
20. Carriage of a superstation that is a low power
television station within the station's local market,
but outside of the 35-mile or 20-mile radius described
in the preceding sentence, shall be subject to royalty
payments under section (b)(1)(B).
``(E) Limitation to subscribers taking local-into-
local service.--Secondary transmissions provided for in
subparagraph (A) may be made only to subscribers who
receive secondary transmissions of primary
transmissions from that satellite carrier pursuant to
the statutory license under section 122, and only in
conformity with the requirements under 340(b) of the
Communications Act of 1934, as in effect on the date of
the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004.''.

SEC. 105. DEFINITIONS.

Section 119(d) of title 17, United States Code, is amended--
(1) in paragraph (2)(A), by striking ``a television
broadcast station'' and inserting ``a television station
licensed by the Federal Communications Commission'';
(2) by amending paragraph (9) to read as follows:
``(9) Superstation.--The term `superstation' means a
television station, other than a network station, licensed by
the Federal Communications Commission, that is secondarily
transmitted by a satellite carrier.'';
(3) in paragraph (10)--
(A) in subparagraph (B), by striking ``granted
under regulations established under section 339(c)(2)
of the Communications Act of 1934'' and inserting
``that meets the standards of subsection (a)(14)
whether or not the waiver was granted before the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004''; and
(B) in subparagraph (D), by striking ``(a)(11)''
and inserting ``(a)(12)''; and
(4) by striking paragraphs (11) and (12) and inserting the
following:
``(11) Local market.--The term `local market' has the
meaning given such term under section 122(j), except that with
respect to a low power television station, the term `local
market' means the designated market area in which the station
is located.
``(12) Low power television station.--The term `low power
television station' means a low power television 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.
``(13) Commercial establishment.--The term `commercial
establishment'--
``(A) means an establishment used for commercial
purposes, such as a bar, restaurant, private office,
fitness club, oil rig, retail store, bank or other
financial institution, supermarket, automobile or boat
dealership, or any other establishment with a common
business area; and
``(B) does not include a multi-unit permanent or
temporary dwelling where private home viewing occurs,
such as a hotel, dormitory, hospital, apartment,
condominium, or prison.''.

SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.

Nothing in this title shall modify any remedy imposed on a party
that is required by the judgment of a court in any action that was
brought before May 1, 2004, against that party for a violation of
section 119 of title 17, United States Code.

SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING
SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.

(a) In General.--Section 119 of title 17, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by inserting ``or for viewing in a commercial
establishment'' after ``for private home viewing'' each
place it appears; and
(B) by striking ``household'' and inserting
``subscriber'';
(2) in subsection (b), by striking ``for private home
viewing'' each place it appears;
(3) in subsection (d)(1)--
(A) by striking ``for private home viewing''; and
(B) by inserting ``in accordance with the
provisions of this section'' before the period;
(4) in subsection (d)(6), by inserting ``pursuant to this
section'' before the period; and
(5) in subsection (d)(8)--
(A) by striking ``who'' and inserting ``or entity
that'';
(B) by striking ``for private home viewing''; and
(C) by inserting ``in accordance with the
provisions of this section'' before the period.
(b) Conforming Amendments.-- Subsections (a)(4) and (d)(1)(A) of
section 111 of title 17, United States Code, are each amended by
striking ``for private home viewing''.

SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE
SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.

Section 119 of title 17, United States Code, is amended by adding
at the end the following:
``(f) Expedited Consideration by Justice Department of Voluntary
Agreements to Provide Satellite Secondary Transmissions to Local
Markets.--
``(1) In general.--In a case in which no satellite carrier
makes available, to subscribers located in a local market, as
defined in section 122(j)(2), the secondary transmission into
that market of a primary transmission of one or more television
broadcast stations licensed by the Federal Communications
Commission, and two or more satellite carriers request a
business review letter in accordance with section 50.6 of title
28, Code of Federal Regulations (as in effect on July 7, 2004),
in order to assess the legality under the antitrust laws of
proposed business conduct to make or carry out an agreement to
provide such secondary transmission into such local market, the
appropriate official of the Department of Justice shall respond
to the request no later than 90 days after the date on which
the request is received.
``(2) Definition.--For purposes of this subsection, the
term `antitrust laws'--
``(A) has the meaning given that term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of
competition; and
``(B) includes any State law similar to the laws
referred to in paragraph (1).''.

SEC. 109. STUDY.

No later than June 30, 2008, the Register of Copyrights shall
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate the
Register's findings and recommendations on the operation and revision
of the statutory licenses under sections 111, 119, and 122 of title 17,
United States Code. The report shall include, but not be limited to,
the following:
(1) A comparison of the royalties paid by licensees under
such sections, including historical rates of increases in these
royalties, a comparison between the royalties under each such
section and the prices paid in the marketplace for comparable
programming.
(2) An analysis of the differences in the terms and
conditions of the licenses under such sections, an analysis of
whether these differences are required or justified by
historical, technological, or regulatory differences that
affect the satellite and cable industries, and an analysis of
whether the cable or satellite industry is placed in a
competitive disadvantage due to these terms and conditions.
(3) An analysis of whether the licenses under such sections
are still justified by the bases upon which they were
originally created.
(4) An analysis of the correlation, if any, between the
royalties, or lack thereof, under such sections and the fees
charged to cable and satellite subscribers, addressing whether
cable and satellite companies have passed to subscribers any
savings realized as a result of the royalty structure and
amounts under such sections.
(5) An analysis of issues that may arise with respect to
the application of the licenses under such sections to the
secondary transmissions of the primary transmissions of network
stations and superstations that originate as digital signals,
including issues that relate to the application of the unserved
household limitations under section 119 of title 17, United
States Code, and to the determination of royalties of cable
systems and satellite carriers.

TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.

Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C.
325(b)(2)(C)) is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2009''.

SEC. 202. CABLE/SATELLITE COMPARABILITY.

(a) Amendment.--Part I of title III of the Communications Act of
1934 is amended by inserting after section 339 (47 U.S.C. 339) the
following new section:

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

``(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 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.
``(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 one 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), with respect to persons who
reside in unserved households, under 119(a)(4)(A), or under
section 119(a)(12).
``(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 April 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 April 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.''.

SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.

(a) Amendments.--Section 338 of the Communications Act of 1934 (47
U.S.C. 338(d)) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(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 one year
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 270 days 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.''.
(b) Conforming Amendments: Commission Enforcement of Section; Low
Power Television Stations.--
(1) Section 338(a) of such Act is amended by striking
paragraphs (1) and (2) and inserting the following:
``(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) 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.''.
(2) Section 338(c)(1) of such Act is amended by striking
``subsection (a)'' and inserting ``subsection (a)(1)''.
(3) Section 338(k) of such Act (as redesignated by
subsection (a)(1)) is amended--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) 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.''.

SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.

Section 339(a) of the Communications Act of 1934 (47 U.S.C. 339(a))
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(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:
``(A) Rules for grandfathered subscribers.--
``(i) For those receiving distant
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive
the 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 signal'), and who, as of October
1, 2004, is receiving the distant signal of
that network station, the following shall
apply:
``(I) In a case in which the
satellite carrier makes available to
the subscriber the 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 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 signal; but
``(bb) only until such time
as the subscriber elects to
receive such local signal.
``(II) Notwithstanding subclause
(I), the carrier may not retransmit the
distant signal to any subscriber who is
eligible to receive the 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 (E)(i).
``(ii) For those not receiving distant
signals.--In the case of any subscriber of a
satellite carrier who is eligible to receive
the distant 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
signal of a station affiliated with the same
network on October 1, 2004, the carrier may not
provide the secondary transmissions of the
distant signal of a station affiliated with the
same network to that subscriber.
``(B) Rules for other subscribers.--In the case of
a subscriber of a satellite carrier who is eligible to
receive the signal of a network station under this
section (in this subparagraph referred to as a `distant
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 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 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 (E)(i).
``(ii) In a case in which the satellite
carrier does not make available to that
subscriber, on January 1, 2005, the signal of a
local network station pursuant to section 338,
the carrier may only provide the secondary
transmissions of the distant signal of a
station affiliated with the same network to
that subscriber if--
``(I) that subscriber seeks to
subscribe to such distant signal before
the date on which such carrier
commences to carry pursuant to section
338 the 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
(E)(ii).
``(C) Future applicability.--A satellite carrier
may not provide a distant 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; 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 signal of a local network station
affiliated with the same television network
pursuant to section 338.
``(D) Authority to grant station-specific
waivers.--This paragraph shall not prohibit a
retransmission of a distant signal (within the meaning
of subparagraph (A) or (B)) of any distant network
station to any subscriber to whom the signal of a local
network station affiliated with the same network is
available pursuant to section 338, 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.
``(E) 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.
``(F) 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.
``(G) 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.''.

SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS
CONCERNING SIGNAL CARRIAGE.

Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is
further amended by inserting after subsection (g) (as added by section
203) the following new subsection:
``(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.''.

SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

(a) Amendment.--Section 338 of the Communications Act of 1934 (47
U.S.C. 338) is further amended by inserting after subsection (h) (as
added by section 205) the following new subsection:
``(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 chapters 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.''.
(b) Effective Date.--Section 338(i) of the Communications Act of
1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section
shall be effective 60 days after the date of enactment of this Act.

SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

(a) Amendments.--Section 325(b)(3)(C) of the Communications Act of
1934 (47 U.S.C. 325(b)(3)(C)) is amended--
(1) by striking ``Within 45 days'' and all that follows
through ``1999, the'' and inserting ``The'';
(2) by striking the second sentence;
(3) by striking ``and'' at the end of clause (i);
(4) in clause (ii)--
(A) by striking ``January 1, 2006'' and inserting
``January 1, 2010''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following new clauses:
``(iii) until January 1, 2010, 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.''.
(b) Deadline.--The Federal Communications Commission shall
prescribe regulations to implement the amendments made by subsection
(a)(5) within 180 days after the date of enactment of this Act.

SEC. 208. UNSERVED DIGITAL CUSTOMERS.

(a) Inquiry Required.--Consistent with the digital television
service rules of the Federal Communications Commission in effect on the
date of enactment of this Act, and the propagation prediction models
derived from Bulletin No. 69 of the Commission's Office of Engineering
and Technology, the Commission shall initiate an inquiry to recommend
the appropriate methodologies for determining which consumers are in
locations where the consumer will be unable, on and after the date on
which analog television services are discontinued pursuant to the
provisions of section 309(j)(14) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)), to receive broadcast digital television service
signals that are transmitted from a station's permanent digital
television channel that are of sufficient intensity to be able to
receive and display digital television service using receiving
terrestrial outdoor antennas of reasonable cost and ease of
installation. Such methodologies shall be based on the current field
strength requirements for digital television stations in section
73.622(e)(1) of the Commission's regulations (47 CFR 622(e)(1)).
(b) Report Required.--The Federal Communications Commission shall
submit a report on the results of the inquiry required by subsection
(a) to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than December 31, 2005. Such
report shall include--
(1) a proposal, using the best engineering practices for
the broadcast television industry, for a predictive methodology
for determining both which consumers--
(A) receive a digital signal of sufficient
intensity to be able to receive and display digital
television service using receiving terrestrial outdoor
antennas of reasonable cost and ease of installation;
or
(B) will receive such a signal after a local
station begins transmitting on its permanent digital
television channel;
(2) an analysis of whether it is possible to identify the
areas of the country within which consumers will not, on and
after the date on which analog television services are
discontinued pursuant to the provisions of section 309(j)(14)
of the Communications Act of 1934 (47 U.S.C. 309(j)(14)), be
able to receive a digital television signal of sufficient
intensity to be able to receive and display digital television
service using receiving terrestrial outdoor antennas of
reasonable cost and ease of installation; and
(3) if possible, an identification, on a county-by-county
or more localized basis, of such areas for each television
network.

SEC. 209. REDUCTION OF REQUIRED TESTS.

Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.
339(c)(4)) is amended by inserting after subparagraph (C) the following
new subparagraphs:
``(D) Reduction of verification burdens.--Within
one 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--
``(i) to whom the retransmission of the
signals of local broadcast stations is
available under section 338 from such carrier;
or
``(ii) for whom the predictive model
required by paragraph (3) predicts a signal
intensity that exceeds the signal intensity
standard in effect under section 119(d)(10)(A)
of such title by such number of decibels as the
Commission specifies in such rule.
``(E) Exception.--A subscriber in a local market in
which the satellite carrier does not offer the signals
of local broadcast stations under section 338 and whose
household is predicted to meet or exceed the number of
decibels specified by the Commission pursuant to
subparagraph (D)(ii), 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 the
preceding sentence 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.''.

Passed the House of Representatives October 6, 2004.

Attest:

JEFF TRANDAHL,

Clerk.