HR 2994 IHCommentsClose CommentsPermalink

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

June 23, 2009CommentsClose CommentsPermalink

Mr. BOUCHER (for himself and Mr. STEARNS) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

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

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Satellite Home Viewer Reauthorization Act’.CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF AUTHORITY.

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





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





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

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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





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

SEC. 4. CONFORMING AMENDMENTS.

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





(1) in subsection (a), by striking ‘(3) EFFECTIVE DATE- No satellite’ and all that follows through ‘until January 1, 2002.’; andCommentsClose CommentsPermalink





(2) by amending subsection (g) to read as follows:CommentsClose CommentsPermalink





‘(g) Carriage of Local Stations on a Single Reception Antenna-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





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





(1) in subsection (a)--CommentsClose CommentsPermalink





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





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in the heading for subparagraph (A), by striking ‘TO ANALOG SIGNALS’;CommentsClose CommentsPermalink





(ii) in subparagraph (A)--CommentsClose CommentsPermalink





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





(II) in clause (i)--CommentsClose CommentsPermalink

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

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

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





(IV) in clause (ii)--CommentsClose CommentsPermalink

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

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

(iii) in the heading for subparagraph (B), by striking ‘TO ANALOG SIGNALS’;CommentsClose CommentsPermalink





(iv) in subparagraph (B), by striking ‘analog’ each place it appears;CommentsClose CommentsPermalink





(v) in subparagraph (C)--CommentsClose CommentsPermalink





(I) by striking ‘analog’ each place it appears; andCommentsClose CommentsPermalink





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





(vi) in subparagraph (D)--CommentsClose CommentsPermalink





(I) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);CommentsClose CommentsPermalink





(II) by redesignating clause (vi) as clause (i);CommentsClose CommentsPermalink





(III) by amending such clause (i) (as so redesignated) to read as follows:CommentsClose CommentsPermalink





‘(i) 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) of title 47, Code of Federal Regulations.’;CommentsClose CommentsPermalink





(IV) in clause (ii)--CommentsClose CommentsPermalink

(aa) by striking ‘DIGITAL’ in the heading;CommentsClose CommentsPermalink

(bb) by striking ‘digital’ each place it appears;CommentsClose CommentsPermalink

(cc) by striking ‘Satellite Home Viewer Extension and Reauthorization Act of 2004’ and inserting ‘Satellite Home Viewer Reauthorization Act’; andCommentsClose CommentsPermalink

(dd) by striking ‘, whether or not such subscriber elects to subscribe to local digital signals’; andCommentsClose CommentsPermalink

(V) by redesignating clause (x) as clause (iii); andCommentsClose CommentsPermalink





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





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink





‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED-CommentsClose CommentsPermalink





‘(A) PREDICTIVE MODEL- Within 180 days after the date of the enactment of the Satellite Home Viewer Reauthorization Act, 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 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. 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.CommentsClose CommentsPermalink





‘(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 Home Viewer Reauthorization Act. As part of such rulemaking proceeding, the Commission shall reexamine section 73.686(d) of title 47, Code of Federal Regulations, taking into account, at a minimum--CommentsClose CommentsPermalink





‘(i) the effects of the transition to digital television broadcasting; andCommentsClose CommentsPermalink





‘(ii) the continuing operation of translator stations and low power television stations.’;CommentsClose CommentsPermalink





(B) by amending paragraph (4)(A) to read as follows:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





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





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

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 Commission pursuant to the amendments to the Communications Act of 1934 made by sections 3 and 4 of this Act, the 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.CommentsClose CommentsPermalink





(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 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.CommentsClose CommentsPermalink





(c) Definitions- As used in this section:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink