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S 2764 IS

111th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2764CommentsClose CommentsPermalink

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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 10, 2009CommentsClose CommentsPermalink

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

A BILLCommentsClose 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 Television Extension and Localism Act of 2009’. 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’; and CommentsClose 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 Federal Communications 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) by striking ‘119(a)(14)’ in the first paragraph (3) of subsection (a) and inserting ‘119(a)(15)’; CommentsClose CommentsPermalink





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





(3) by striking subsection (g) and inserting the following: 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.’; and CommentsClose CommentsPermalink





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





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





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





(iii) 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; and CommentsClose CommentsPermalink

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

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





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

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

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

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





‘(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.’; CommentsClose CommentsPermalink





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





(I) by striking ‘analog’; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





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





‘(ii) either-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





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





‘(D) Special rules for distant signals- CommentsClose CommentsPermalink





‘(i) In general- In the case of a subscriber of a satellite carrier who, with respect to a local network station-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(II) is in an unserved household, as determined undersection 119(d)(10)(A) of title 17, United States Code, CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





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





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





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





(A) by striking paragraph (3) and inserting the following: 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 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. 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 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.’; CommentsClose CommentsPermalink





(B) by striking paragraph (4)(A) and inserting the following: 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 undersection 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’; and CommentsClose 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 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. 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 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. CommentsClose CommentsPermalink





(c) Definitions- As used in this Act: 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

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. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink





‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS- CommentsClose CommentsPermalink





‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS- Each eligible satellite carrier providing, undersection 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: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition. CommentsClose CommentsPermalink





‘(B) NEW INITIATION OF SERVICE- Each eligible satellite carrier that initiates the provision, undersection 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.’. CommentsClose CommentsPermalink





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





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





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





‘(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-- CommentsClose CommentsPermalink





‘(A) governs carriage of more than 30 such stations; and CommentsClose CommentsPermalink





‘(B) is in force and effect as of the date of enactment of the Satellite Television Extension and Localism Act of 2009.’; CommentsClose CommentsPermalink





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





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





‘(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.’. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 9. LOCAL NETWORK CHANNEL BROADCAST REPORTS.

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. CommentsClose CommentsPermalink