[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2764 Reported in Senate (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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Satellite Television
Extension and Localism Act of 2009''.</DELETED>
<DELETED>SEC. 2. EXTENSION OF AUTHORITY.</DELETED>
<DELETED> Section 325(b) of the Communications Act of 1934 (47
U.S.C. 325(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (2)(C), by striking ``December
31, 2009'' and inserting ``December 31, 2014''; and</DELETED>
<DELETED> (2) in paragraph (3)(C), by striking ``January 1,
2010'' each place it appears in clauses (ii) and (iii) and
inserting ``January 1, 2015''.</DELETED>
<DELETED>SEC. 3. SIGNIFICANTLY VIEWED STATIONS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 4. CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Section 338.--Section 338 of the Communications Act of
1934 (47 U.S.C. 338) is amended--</DELETED>
<DELETED> (1) by striking ``119(a)(14)'' in the first
paragraph (3) of subsection (a) and inserting
``119(a)(15)'';</DELETED>
<DELETED> (2) by striking the second paragraph (3) of
subsection (a); and</DELETED>
<DELETED> (3) by striking subsection (g) and inserting the
following:</DELETED>
<DELETED> ``(g) Carriage of Local Stations on a Single Reception
Antenna.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (b) Section 339.--Section 339 of such Act (47 U.S.C. 339)
is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)(B), by striking
``Such two network stations'' and all that follows
through ``more than two network stations.'';
and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in the heading for
subparagraph (A), by striking ``grandfathered
subscribers to analog signals.--'' and
inserting ``certain grandfathered
subscribers.--'';</DELETED>
<DELETED> (ii) by striking ``Satellite Home
Viewer Extension and Reauthorization Act of
2004:'' and inserting ``Satellite Television
Extension and Localism Act of
2009:'';</DELETED>
<DELETED> (iii) in subparagraph (A)--
</DELETED>
<DELETED> (I) in the heading for
clause (i), by striking
``analog'';</DELETED>
<DELETED> (II) in clause (i)--
</DELETED>
<DELETED> (aa) by striking
``analog'' each place it
appears; and</DELETED>
<DELETED> (bb) by striking
``October 1, 2004,'' and
inserting ``October 1,
2009,'';</DELETED>
<DELETED> (III) in the heading for
clause (ii), by striking ``analog'';
and</DELETED>
<DELETED> (IV) in clause (ii)--
</DELETED>
<DELETED> (aa) by striking
``analog'' each place it
appears; and</DELETED>
<DELETED> (bb) by striking
``2004,'' and inserting
``2009,'';</DELETED>
<DELETED> (iv) by amending subparagraph (B)
to read as follows:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (v) in subparagraph (C)--
</DELETED>
<DELETED> (I) by striking
``analog'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) by amending clause
(ii) to read as follows:</DELETED>
<DELETED> ``(ii) either--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (vi) by striking subparagraph (D)
and inserting the following:</DELETED>
<DELETED> ``(D) Special rules for distant signals.--
</DELETED>
<DELETED> ``(i) In general.--In the case of
a subscriber of a satellite carrier who, with
respect to a local network station--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) is in an unserved
household, as determined under section
119(d)(10)(A) of title 17, United
States Code,</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iv) Savings provision.--Nothing
in this subparagraph shall be construed to
affect a satellite carrier's obligations under
section 338.''; and</DELETED>
<DELETED> (vii) in subparagraph (E), by
striking ``distant analog signal or'' and all
that follows through ``(B), or (D))'' and
inserting ``distant signal''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) by striking paragraph (3) and
inserting the following:</DELETED>
<DELETED> ``(3) Establishment of improved predictive model
and on-location testing required.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (B) by striking paragraph (4)(A) and
inserting the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) in paragraph (4)(E), by striking
``Grade B intensity''.</DELETED>
<DELETED> (c) Section 340.--Section 340(i) of such Act (47 U.S.C.
340(i)) is amended by striking paragraph (4).</DELETED>
<DELETED>SEC. 5. APPLICATION PENDING COMPLETION OF
RULEMAKINGS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Definitions.--As used in this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. SAVINGS CLAUSE REGARDING DEFINITIONS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 7. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION
DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION
STATIONS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(5) Nondiscrimination in carriage of high
definition signals of noncommercial educational television
stations.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) By December 31, 2011, in
every market in which such satellite carrier
provides such secondary transmissions in high
definition.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Definitions.--Section 338(k) of such Act (47 U.S.C.
338(k)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;</DELETED>
<DELETED> (2) by inserting after paragraph (1) the following
new paragraph:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) governs carriage of more than 30
such stations; and</DELETED>
<DELETED> ``(B) is in force and effect as of the
date of enactment of the Satellite Television Extension
and Localism Act of 2009.'';</DELETED>
<DELETED> (3) by redesignating paragraphs (6) through (9)
(as previously redesignated) as paragraphs (7) through (10),
respectively; and</DELETED>
<DELETED> (4) by inserting after paragraph (5) (as so
redesignated) the following new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 8. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY
LICENSING MODIFICATIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. SEVERABILITY.</DELETED>
<DELETED> 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.</DELETED>
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