Satellite Home Viewer Extension And Reauthorization Act Of 2004
Mr. Speaker, I appreciate the gentleman's good work on this. The act we are approving today continues a strong policy of continuing local-to-local service. It also pushes the satellite industry to be as competitive as possible with cable.…
Mr. Speaker, I appreciate the gentleman's good work on this.
The act we are approving today continues a strong policy of continuing local-to-local service. It also pushes the satellite industry to be as competitive as possible with cable.
For the first time, the bill will allow satellite carriers to deliver significantly viewed stations from nearby markets as cable now is able to do. In any given community, the significantly viewed stations that the direct broadcast service will be allowed to carry are exactly the same ones that cable can carry.
The act imposes a variety of limits designed to protect free, local, over-the-air broadcasting. For example, the only subscribers who can receive significantly viewed stations are those who are already receiving their own local stations by satellite.
Nor can the direct broadcast service company offer a digital signal of a significantly viewed affiliate of, say, CBS to a subscriber to which it offers only the analog feed of the local CBS station or carry the significantly viewed CBS station with more digital broadband than the local station.
There also are some pretty strong provisions in this. If the satellite carrier abuses this new regime by carrying an unauthorized station, it will be both subject to swift and severe penalties at the FCC and will forfeit its compulsory license under the Copyright Act which is conditioned on compliance with all applicable FCC rules regulations and authorization.
I had been impressed with the satellite industry and how it has created this industry, but they also now need to be fair players in the marketplace.
As Congress made clear when we passed the 1999 Satellite Home Viewer Improvement Act (``SHVIA''), it is far better for local communities if satellite carriers offer their customers local television stations-- including network
stations--rather than TV stations from other cities. Put another way, local-to-local service is the right way, and--except when there is no other choice--distant network stations are the wrong way, to deliver broadcast programming by satellite. Local-to-local fosters localism and helps keep free, over-the-air television available to everyone, while delivery of distant network stations to households that can receive their own local stations (whether over the air or via local-to-local service) has just the opposite effect.
The pro-local-to-local policy of the 1999 SHVIA has been an astounding success. The satellite industry has grown spectacularly since then, spurred--as the satellite industry has many times reminded us--by the availability of local-to-local service. In fact, in the past year, the number of cable subscribers has actually shrunk, while satellite carriers continue to expand at a rapid clip.
Recognizing that local-to-local is not just good policy but good business, the DBS firms have expanded local-to-local service at a rate far faster than the industry predicted a few years ago. As to analog service, EchoStar recently announced that it was serving no fewer than 150 local markets, covering more than 90 percent of the television households in the United States. And for its part, DirecTV expects to offer local-to-local in at least 130 local markets by the end of 2004-- and has committed to offering local-to-local in every market as soon as 2006, and no later than 2008.
I want to commend DirecTV for its commitment to provide service to all 210 Designated Market Areas. I hope that EchoStar is on a similar path and will provide more certainty as to when this might occur just as DirecTV has done. It is my hope that this service is provided sooner rather than later so that those satellite subscribers in Lafayette, Indiana will be able to receive their local affiliate station and achieve true local-into-local service.
But there is still more: DirecTV announced just a few weeks ago that it plans to offer high-definition local-to-local service in many markets over the next few years. With the first of its new satellites, DirecTV plans to offer during 2005 more than 500 local high-definition channels, enabling it to offer local HD programming to the majority of U.S. television households. And with the launch of still more new satellites, DirecTV will be able to add even more local HD markets in the future. Of course, in the highly competitive world of multichannel television providers, there is little doubt that DirecTV's competitors will be driven to try to match--or exceed--DirecTV's local-to-local offerings. And that is all to the good.
The Act we are approving today continues the strong policy of encouraging local-to-local service and pushing the satellite industry to be as competitive as possible with cable. For the first time, the bill will allow satellite carriers to deliver ``significantly-viewed'' stations from nearby markets, as cable is now able to do. In any given community, the ``significantly viewed'' stations that DBS will be allowed to carry are exactly the same ones that cable can carry. The Act imposes a variety of limits designed to protect free, local, over- the-air broadcasting: For example, the only subscribers who can receive significantly-viewed stations are those who already receive their own local stations by satellite. (Since cable always offers local stations, this rule ensures a level playing field.) Nor can a DBS company offer a digital signal of a significantly-viewed affiliate of, say, CBS, to a subscriber to which it offers only the analog feed of the local CBS station, or carry a significantly-viewed CBS station with more digital bandwidth than the local CBS station (unless the carrier offers the entire bandwidth of the local digital station).
If a satellite carrier abuses this new regime--by carrying unauthorized stations--it will both be subject to swift and severe penalties at the FCC, and will forfeit its compulsory license under the Copyright Act, which is conditioned on compliance with all applicable FCC rules, regulations, and authorizations.