47 U.S.C. § 339 — Carriage of distant television stations by

Page 203 TITLE 47—TELECOMMUNICATIONS § 339 propriate Congressional committees’ means the Com- mittees on the Judiciary and on Commerce, Science, and Transportation of the Senate and the Committees on the Judiciary and on Energy and Commerce of the House of Representatives. ‘‘SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS. ‘‘(a) REQUIREMENT.— ‘‘(1) IN GENERAL.—On the 270th day after the date of the enactment of this Act [deemed to refer to Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of Title 17, Copyrights], and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Federal Commu- nications Commission setting forth— ‘‘(A) each local market in which it— ‘‘(i) retransmits signals of 1 or more television broadcast stations with a community of license in that market; ‘‘(ii) has commenced providing such signals in the preceding 1-year period; and ‘‘(iii) has ceased to provide such signals in the preceding 1-year period; and ‘‘(B) detailed information regarding the use and potential use of satellite capacity for the retrans- mission of local signals in each local market. ‘‘(2) TERMINATION.—The requirement under para- graph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph. ‘‘(b) FCC STUDY; REPORT.— ‘‘(1) STUDY.—If no satellite carrier files a request for a certification under section 342 of the Commu- nications Act of 1934 [47 U.S.C. 342] (as added by sec- tion 206 of this title) within 270 days after the date of the enactment of this Act, the Federal Communica- tions Commission shall initiate a study of— ‘‘(A) incentives that would induce a satellite car- rier to provide the signals of 1 or more television broadcast stations licensed to provide signals in local markets in which the satellite carrier does not provide such signals; and ‘‘(B) the economic and satellite capacity condi- tions affecting delivery of local signals by satellite carriers to these markets. ‘‘(2) REPORT.—Within 1 year after the date of the initiation of the study under paragraph (1), the Fed- eral Communications Commission shall submit a re- port to the appropriate Congressional committees containing its findings, conclusions, and rec- ommendations. ‘‘(c) DEFINITIONS.—In this section— ‘‘(1) the terms ‘local market’ and ‘satellite carrier’ have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and ‘‘(2) the term ‘television broadcast station’ has the meaning given such term in section 325(b)(7) of such Act (47 U.S.C. 325(b)(7)).’’ RURAL LOCAL TELEVISION SIGNALS Pub. L. 106–113, div. B, § 1000(a)(9) [title II], Nov. 29, 1999, 113 Stat. 1536, 1501A–544, provided that: ‘‘SEC. 2001. SHORT TITLE. ‘‘This title may be cited as the ‘Rural Local Broad- cast Signal Act’. ‘‘SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED MARKETS. ‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Nov. 29, 1999], the Federal Communications Commission (‘the Commis- sion’) shall take all actions necessary to make a deter- mination regarding licenses or other authorizations for facilities that will utilize, for delivering local broad- cast television station signals to satellite television subscribers in unserved and underserved local tele- vision markets, spectrum otherwise allocated to com- mercial use. ‘‘(b) RULES.— ‘‘(1) FORM OF BUSINESS.—To the extent not incon- sistent with the Communications Act of 1934 [47 U.S.C. 151 et seq.] and the Commission’s rules, the Commission shall permit applicants under subsection (a) to engage in partnerships, joint ventures, and similar operating arrangements for the purpose of carrying out subsection (a). ‘‘(2) HARMFUL INTERFERENCE.—The Commission shall ensure that no facility licensed or authorized under subsection (a) causes harmful interference to the primary users of that spectrum or to public safe- ty spectrum use. ‘‘(3) LIMITATION ON COMMISSION.—Except as provided in paragraphs (1) and (2), the Commission may not re- strict any entity granted a license or other author- ization under subsection (a) from using any reason- able compression, reformatting, or other technology. ‘‘(c) REPORT.—Not later than January 1, 2001, the Commission shall report to the Agriculture, Appropria- tions, and the Judiciary Committees of the Senate and the House of Representatives, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Commerce [now Com- mittee on Energy and Commerce], on the extent to which licenses and other authorizations under sub- section (a) have facilitated the delivery of local signals to satellite television subscribers in unserved and un- derserved local television markets. The report shall in- clude— ‘‘(1) an analysis of the extent to which local signals are being provided by direct-to-home satellite tele- vision providers and by other multichannel video pro- gram distributors; ‘‘(2) an enumeration of the technical, economic, and other impediments each type of multichannel video programming distributor has encountered; and ‘‘(3) recommendations for specific measures to fa- cilitate the provision of local signals to subscribers in unserved and underserved markets by direct-to- home satellite television providers and by other dis- tributors of multichannel video programming serv- ice.’’ § 339. Carriage of distant television stations by satellite carriers (a) Provisions relating to carriage of distant sig- nals (1) Carriage permitted (A) In general Subject to section 119 of title 17, any sat- ellite carrier shall be permitted to provide the signals of no more than two network sta- tions in a single day for each television net- work to any household not located within the local markets of those network stations. (B) Additional service In addition to signals provided under sub- paragraph (A), any satellite carrier may also provide service under the statutory license of section 122 of title 17, to the local market within which such household is located. The service provided under section 122 of such title may be in addition to the two signals provided under section 119 of such title. (2) Replacement of distant signals with local signals Notwithstanding any other provision of paragraph (1), the following rules shall apply after December 8, 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 Page 204 TITLE 47—TELECOMMUNICATIONS § 339 1 See References in Text note below. of a network station solely by reason of section 119(e) 1 of title 17 (in this subpara- graph referred to as a ‘‘distant signal’’), and who, as of October 1, 2009, is receiving the distant signal of that network station, the following shall apply: (I) In a case in which the satellite car- rier makes available to the subscriber the signal of a local network station af- filiated with the same television net- work pursuant to section 338 of this title, 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 title, the sub- scriber elects to retain the distant sig- nal; but (bb) only until such time as the sub- scriber elects to receive such local sig- nal. (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 sta- tion solely by reason of section 119(e) 1 of title 17, unless such carrier, within 60 days after December 8, 2004, submits to that television network the list and statement required by subparagraph (F)(i). (ii) For those not receiving distant signals In the case of any subscriber of a sat- ellite carrier who is eligible to receive the distant signal of a network station solely by reason of section 119(e) 1 of title 17 and who did not receive a distant signal of a station affiliated with the same network on October 1, 2009, the carrier may not pro- vide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber. (B) Rules for other subscribers (i) In general 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 car- rier 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 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that sub- scriber if the subscriber’s satellite car- rier, not later than March 1, 2005, sub- mits to that television network the list and statement required by subparagraph (F)(i). (II) In a case in which the satellite car- rier does not make available to that sub- scriber, on January 1, 2005, the signal of a local network station pursuant to sec- tion 338 of this title, the carrier may only provide the secondary trans- missions of the distant signal of a sta- tion affiliated with the same network to that subscriber if— (aa) that subscriber seeks to sub- scribe to such distant signal before the date on which such carrier commences to carry pursuant to section 338 of this title the signals of stations from the local market of such local network station; and (bb) the satellite carrier, within 60 days after such date, submits to each television network the list and state- ment required by subparagraph (F)(ii). (ii) Special circumstances A subscriber of a satellite carrier who was lawfully receiving the distant signal of a network station on the day before the date of enactment of the Satellite Tele- vision Extension and Localism Act of 2010 may receive both such distant signal and the local signal of a network station affili- ated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal. (C) Future applicability A satellite carrier may not provide a dis- tant signal (within the meaning of subpara- graph (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 Tele- vision Extension and Localism Act of 2010 and, at the time such person seeks to sub- scribe to receive such secondary trans- mission, 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 of this title (and the retransmission of such sig- nal by such carrier can reach such sub- scriber); or (ii) lawfully subscribes to and receives a distant signal on or after the date of en- actment of the Satellite Television Exten- sion and Localism Act of 2010, and, subse- quent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affili- ated with the same network as the distant signal (and the retransmission of such sig- nal by such carrier can reach such sub- scriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available. (D) Special rules for distant signals (i) Eligibility and signal testing A subscriber of a satellite carrier shall be eligible to receive a distant signal of a Page 205 TITLE 47—TELECOMMUNICATIONS § 339 network station affiliated with the same network under this section if, with respect to a local network station, such sub- scriber— (I) is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal in- tensity required under section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an ana- log signal, section 73.683(a) of title 47, Code of Federal Regulations, or a suc- cessor regulation; (II) is determined, based on a test con- ducted in accordance with section 73.686(d) of title 47, Code of Federal Reg- ulations, or any successor regulation, not to be able to receive a signal that ex- ceeds the signal intensity standard in section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor reg- ulation; or (III) is in an unserved household, as de- termined under section 119(d)(10)(A) 1 of title 17. (ii) Pre-enactment distant signal sub- scribers Any eligible subscriber under this sub- paragraph who is a lawful subscriber to such a distant signal as of the date of en- actment of the Satellite Television Exten- sion and Localism Act of 2010 may con- tinue to receive such distant signal. (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 of this title, the carrier may only pro- vide the distant signal of a station affili- ated with the same network to that sub- scriber 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 program- ming 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 ob- ligations under section 338 of this title. (E) Authority to grant station-specific waiv- ers This paragraph shall not prohibit a re- transmission of a distant signal of any dis- tant network station to any subscriber to whom the signal of a local network station affiliated with the same network is avail- able, if and to the extent that such local net- work station has affirmatively granted a waiver from the requirements of this para- graph to such satellite carrier with respect to retransmission of such distant network station to such subscriber. (F) Notices to networks of distant signal sub- scribers (i) Within 60 days after December 8, 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 mar- ket area, identifying each subscriber pro- vided such a signal by— (aa) name; (bb) address (street or rural route num- ber, city, State, and zip code); and (cc) the distant network signal or sig- nals 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 sat- ellite carrier commences to carry pursuant to section 338 of this title the signals of sta- tions 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 num- ber, city, State, and zip code); and (cc) the distant network signal or sig- nals 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. (G) Other provisions not affected This paragraph shall not affect the eligi- bility of a subscriber to receive secondary transmissions under section 340 of this title or as an unserved household included under section 119(a)(12) 1 of title 17. (H) 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 sub- scriber or person. (3) Penalty for violation Any satellite carrier that knowingly and willfully provides the signals of television sta- tions to subscribers in violation of this sub- section shall be liable for a forfeiture penalty under section 503 of this title in the amount of $50,000 for each violation or each day of a con- tinuing violation, except that paragraph (2)(D) of this subsection, relating to the provision of Page 206 TITLE 47—TELECOMMUNICATIONS § 339 distant digital signals, shall be enforceable under the provisions of section 340(f) of this title. (b) Extension of network nonduplication, syn- dicated exclusivity, and sports blackout to satellite retransmission (1) Extension of protections Within 45 days after November 29, 1999, the Commission shall commence a single rule- making proceeding to establish regulations that— (A) apply network nonduplication protec- tion (47 CFR 76.92) syndicated exclusivity protection (47 CFR 76.151), and sports black- out protection (47 CFR 76.67) to the retrans- mission of the signals of nationally distrib- uted superstations by satellite carriers to subscribers; and (B) to the extent technically feasible and not economically prohibitive, apply sports blackout protection (47 CFR 76.67) to the re- transmission of the signals of network sta- tions by satellite carriers to subscribers. (2) Deadline for action The Commission shall complete all actions necessary to prescribe regulations required by this section so that the regulations shall be- come effective within 1 year after November 29, 1999. (c) Eligibility for retransmission (1) Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(7), Mar. 23, 2018, 132 Stat. 1090 (2) Waivers A subscriber who is denied the retrans- mission of a signal of a network station under section 119 of title 17 may request a waiver from such denial by submitting a request, through such subscriber’s satellite carrier, to the network station asserting that the re- transmission is prohibited. The network sta- tion shall accept or reject a subscriber’s re- quest for a waiver within 30 days after receipt of the request. The subscriber shall be per- mitted to receive such retransmission under section 119(d)(10)(B) 1 of title 17, if such station agrees to the waiver request and files with the satellite carrier a written waiver with respect to that subscriber allowing the subscriber to receive such retransmission. If a television network station fails to accept or reject a sub- scriber’s request for a waiver within the 30-day period after receipt of the request, that sta- tion shall be deemed to agree to the waiver re- quest and have filed such written waiver. (3) Establishment of improved predictive model and on-location testing required (A) Predictive model Within 270 days after the date of the enact- ment of the Satellite Television Extension and Localism Act of 2010, the Commission shall develop and prescribe by rule a point- to-point predictive model for reliably and presumptively determining the ability of in- dividual locations, through the use of an an- tenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regu- lations, or a successor regulation, 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 Lo- cation Longley-Rice model set forth by the Commission in CS Docket No. 98–201, as pre- viously revised with respect to analog sig- nals, and as recommended by the Commis- sion with respect to digital signals in its Re- port 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 com- pleting its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In con- ducting such rulemaking, the Commission shall seek ways to minimize consumer bur- dens associated with on-location testing. (4) Objective verification (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 in- tensity referenced in clause (i) of subsection (a)(2)(D), the satellite carrier and the net- work 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 ref- erenced 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 de- nied the retransmission of a signal of a net- work station under section 119(d)(10)(A) 1 of title 17. (B) Designation of tester and allocation of costs If the satellite carrier and the network station or stations asserting that the re- transmission is prohibited are unable to agree on such a person to conduct the test, the person shall be designated by an inde- pendent and neutral entity designated by the Commission by rule. Unless the satellite carrier and the network station or stations otherwise agree, the costs of conducting the test under this paragraph shall be borne by the satellite carrier, if the station’s signal meets or exceeds such requisite signal inten- sity standard, or by the network station, if its signal fails to meet or exceed such stand- ard. Page 207 TITLE 47—TELECOMMUNICATIONS § 339 (C) Avoidance of undue burden Commission regulations prescribed under this paragraph shall seek to avoid any undue burden on any party. (D) Reduction of verification burdens Within 1 year after December 8, 2004, the Commission shall by rule exempt from the verification requirements of subparagraph (A) any request for a test made by a sub- scriber to a satellite carrier to whom the re- transmission of the signals of local broad- cast stations is available under section 338 of this title from such carrier. (E) Exception A satellite carrier may refuse to engage in the testing process. If the carrier does so refuse, a subscriber in a local market in which the satellite carrier does not offer the signals of local broadcast stations under sec- tion 338 of this title 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 Regula- tions, by a tester who is approved by the sat- ellite 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 dis- approved. A tester may not be so dis- approved for a test after the tester has com- menced 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 this subpara- graph shall be determinative of the signal strength received at that household for pur- poses of determining whether the household is capable of receiving a signal. (5) Definition Notwithstanding subsection (d)(4), for pur- poses of paragraphs (2) and (4) of this sub- section, the term ‘‘satellite carrier’’ includes a distributor (as defined in section 119(d)(1) of title 17), but only if the satellite distributor’s relationship with the subscriber includes bill- ing, collection, service activation, and service deactivation. (d) Definitions For the purposes of this section: (1) Local market The term ‘‘local market’’ has the meaning given that term under section 122(j) of title 17. (2) Nationally distributed superstation The term ‘‘nationally distributed supersta- tion’’ means a television broadcast station, li- censed by the Commission, that— (A) is not owned or operated by or affili- ated with a television network that, as of January 1, 1995, offered interconnected pro- gram service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States; (B) on May 1, 1991, was retransmitted by a satellite carrier and was not a network sta- tion at that time; and (C) was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory li- cense of section 119 of title 17. (3) Network station The term ‘‘network station’’ has the mean- ing given such term under section 119(d) of title 17. (4) Satellite carrier The term ‘‘satellite carrier’’ has the mean- ing given such term under section 119(d) of title 17. (5) Television network The term ‘‘television network’’ means a tel- evision network in the United States which of- fers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States. (June 19, 1934, ch. 652, title III, § 339, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–534; amended Pub. L. 106–553, § 1(a)(2) [title X, § 1001, formerly § 1008], Dec. 21, 2000, 114 Stat. 2762, 2762A–140, renumbered § 1001, Pub. L. 115–334, title VI, § 6603(3), Dec. 20, 2018, 132 Stat. 4777; Pub. L. 108–447, div. J, title IX [title II, §§ 204, 209], Dec. 8, 2004, 118 Stat. 3416, 3429; Pub. L. 111–175, title II, § 204(b), May 27, 2010, 124 Stat. 1246; Pub. L. 115–141, div. P, title IV, § 402(i)(7), Mar. 23, 2018, 132 Stat. 1090.) Editorial Notes REFERENCES IN TEXT Section 119(e) of title 17, referred to in subsec. (a)(2)(A), was repealed and section 119(f) was redesig- nated section 119(e) by Pub. L. 116–94, div. P, title XI, § 1102(a)(4), (6), Dec. 20, 2019, 133 Stat. 3203. The date of enactment of the Satellite Television Ex- tension and Localism Act of 2010, referred to in subsecs. (a)(2)(B)(ii), (C), (D)(ii), and (c)(3), is the date of enact- ment of Pub. L. 111–175, which shall be deemed to refer to Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of Title 17, Copyrights. Section 119(d)(10) of title 17, referred to in subsecs. (a)(2)(D)(i)(III) and (c)(2), (4)(A), was amended by Pub. L. 116–94, div. P, title XI, § 1102(a)(3)(A), Dec. 20, 2019, 133 Stat. 3202, such that subpars. (A) and (B) were repealed, former subpar. (D) was redesignated (A), and a new sub- par. (B) was enacted. Section 119(a)(12) of title 17, referred to in subsec. (a)(2)(G), was redesignated first as section 119(a)(11) of title 17 by Pub. L. 111–175, title I, § 102(h)(1)(B), May 27, 2010, 124 Stat. 1224, and subsequently as section 119(a)(8) of title 17 by Pub. L. 116–94, div. P, title XI, § 1102(a)(1)(C), Dec. 20, 2019, 133 Stat. 3202. AMENDMENTS 2018—Subsec. (c)(1). Pub. L. 115–141 struck out par. (1) which related to study of digital strength testing pro- cedures. 2010—Subsec. (a)(1). Pub. L. 111–175, § 204(b)(1)(A), which directed amendment of subpar. (B) by striking out ‘‘ ‘Such two network stations’ and all that follows through ‘more than two network stations.’ ’’, was exe- cuted by striking out concluding provisions which read ‘‘Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.’’, to reflect the probable intent of Congress. Subsec. (a)(2)(A). Pub. L. 111–175, § 204(b)(1)(B)(i), struck out ‘‘to analog signals’’ after ‘‘subscribers’’ in heading. Page 208 TITLE 47—TELECOMMUNICATIONS § 339 Subsec. (a)(2)(A)(i). Pub. L. 111–175, § 204(b)(1)(B)(ii)(I), (II), struck out ‘‘analog’’ before ‘‘signals’’ in heading, substituted ‘‘signal’’ for ‘‘analog signal’’ wherever ap- pearing, and, in introductory provisions, substituted ‘‘October 1, 2009’’ for ‘‘October 1, 2004’’. Subsec. (a)(2)(A)(ii). Pub. L. 111–175, § 204(b)(1)(B)(ii)(III), (IV), struck out ‘‘analog’’ before ‘‘signals’’ in heading, substituted ‘‘signal’’ for ‘‘analog signal’’ wherever appearing in text, and substituted ‘‘2009’’ for ‘‘2004’’. Subsec. (a)(2)(B). Pub. L. 111–175, § 204(b)(1)(B)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to rules for other subscribers to ana- log signals. Subsec. (a)(2)(C). Pub. L. 111–175, § 204(b)(1)(B)(iv)(I), which directed striking out ‘‘analog’’, was executed by striking out ‘‘analog’’ before ‘‘signal’’ in introductory provisions, to reflect the probable intent of Congress and the subsequent amendment of cl. (ii) by Pub. L. 111–175, § 204(b)(1)(B)(iv)(III). See below. Subsec. (a)(2)(C)(i). Pub. L. 111–175, § 204(b)(1)(B)(iv)(II), substituted ‘‘the date of the enact- ment of the Satellite Television Extension and Local- ism Act of 2010 and, at the time such person seeks to subscribe to receive such secondary transmission, re- sides 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 net- work pursuant to section 338 of this title (and the re- transmission of such signal by such carrier can reach such subscriber); or’’ for ‘‘December 8, 2004; and’’. Subsec. (a)(2)(C)(ii). Pub. L. 111–175, § 204(b)(1)(B)(iv)(III), amended cl. (ii) generally. Prior to amendment, text read as follows: ‘‘at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the sat- ellite carrier makes available to that person the analog signal of a local network station affiliated with the same television network pursuant to section 338 of this title, and the retransmission of such signal by such car- rier can reach such subscriber.’’ Subsec. (a)(2)(D). Pub. L. 111–175, § 204(b)(1)(B)(v)(I), struck out ‘‘digital’’ before ‘‘signals’’ in heading. Subsec. (a)(2)(D)(i). Pub. L. 111–175, § 204(b)(1)(B)(v)(IV), amended cl. (i) generally. Prior to amendment, cl. (i) related to signal testing for digital signals. Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (III), redesignated and reordered cl. (vi) as (i) and struck out former cl. (i) which related to eligibility. Subsec. (a)(2)(D)(ii). Pub. L. 111–175, § 204(b)(1)(B)(v)(V), struck out ‘‘digital’’ before ‘‘signal’’ in heading and in two places in text, struck out ‘‘, whether or not such subscriber elects to subscribe to local digital signals’’ before the period, and substituted ‘‘Satellite Television Extension and Localism Act of 2010’’ for ‘‘Satellite Home Viewer Extension and Reau- thorization Act of 2004’’. Subsec. (a)(2)(D)(iii). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VI), added cl. (iii) and struck out former cl. (iii) which related to local-to-local analog markets. Subsec. (a)(2)(D)(iv). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VII), redesignated cl. (x) as (iv) and struck out former cl. (iv) which related to local-to- local digital markets. Subsec. (a)(2)(D)(v). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (v) which related to non-local-to-local markets. Subsec. (a)(2)(D)(vi). Pub. L. 111–175, § 204(b)(1)(B)(v)(III), redesignated cl. (vi) as (i). Subsec. (a)(2)(D)(vii) to (ix). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cls. (vii) to (ix) which re- lated to trigger events for use of testing, testing waiv- ers, and a special waiver provision for translators, re- spectively. Subsec. (a)(2)(D)(x). Pub. L. 111–175, § 204(b)(1)(B)(v)(VII), redesignated cl. (x) as (iv). Subsec. (a)(2)(D)(xi). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (xi) which defined ‘‘emergency response providers’’. Subsec. (a)(2)(E). Pub. L. 111–175, § 204(b)(1)(B)(vi), substituted ‘‘distant signal’’ for ‘‘distant analog signal or distant digital signal (within the meaning of sub- paragraph (A), (B), or (D))’’. Subsec. (c)(3). Pub. L. 111–175, § 204(b)(2)(A), amended par. (3) generally. Prior to amendment, text read as fol- lows: ‘‘Within 180 days after November 29, 1999, the Commission shall take all actions necessary, including any reconsideration, to develop and prescribe by rule a point-to-point predictive model for reliably and pre- sumptively determining the ability of individual loca- tions to receive signals in accordance with the signal intensity standard in effect under section 119(d)(10)(A) of title 17. In prescribing such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Com- mission in Docket No. 98–201 and ensure that such model takes into account terrain, building structures, and other land cover variations. 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.’’ Subsec. (c)(4)(A). Pub. L. 111–175, § 204(b)(2)(B), amend- ed subpar. (A) generally. Prior to amendment, text read as follows: ‘‘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 that meets the signal intensity standard in effect under section 119(d)(10)(A) of title 17, the satellite carrier and the network station or stations asserting that the re- transmission is prohibited with respect to that sub- scriber shall select a qualified and independent person to conduct a test in accordance with section 73.686(d) of its regulations (47 CFR 73.686(d)), or any successor regu- lation. 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 section (or any suc- cessor regulation) demonstrate that the subscriber does not receive a signal that meets or exceeds the signal in- tensity standard in effect under section 119(d)(10)(A) of title 17, the subscriber shall not be denied the retrans- mission of a signal of a network station under section 119 of title 17.’’ Subsec. (c)(4)(B). Pub. L. 111–175, § 204(b)(2)(C), sub- stituted ‘‘such requisite signal intensity standard’’ for ‘‘the signal intensity standard in effect under section 119(d)(10)(A) of title 17’’. Subsec. (c)(4)(E). Pub. L. 111–175, § 204(b)(2)(D), struck out ‘‘Grade B intensity’’ before ‘‘signal.’’ 2004—Subsec. (a)(1). Pub. L. 108–447, § 204(a)(1), in- serted at end ‘‘Such two network stations may be com- prised of both the analog signal and digital signal of not more than two network stations.’’ Subsec. (a)(2). Pub. L. 108–447, § 204(a)(3), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 108–447, § 204(a)(4), which di- rected amendment of par. (3) by inserting ‘‘, except that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the provisions of section 340(f) of this title’’ at end, was executed by making the insertion before pe- riod at end, to reflect the probable intent of Congress. Pub. L. 108–447, § 204(a)(2), redesignated par. (2) as (3). Subsec. (c)(1). Pub. L. 108–447, § 204(b), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘For the purposes of identifying an unserved household under section 119(d)(10) of title 17, within 1 year after November 29, 1999, the Commission shall conclude an inquiry to evaluate all possible standards and factors for determining eligibility for re- transmissions of the signals of network stations, and, if appropriate— ‘‘(A) recommend modifications to the Grade B in- tensity standard for analog signals set forth in sec- tion 73.683(a) of its regulations (47 CFR 73.683(a)), or recommend alternative standards or factors for pur- poses of determining such eligibility; and ‘‘(B) make a further recommendation relating to an appropriate standard for digital signals.’’ Page 209 TITLE 47—TELECOMMUNICATIONS § 340 1 So in original. Probably should be ‘‘sections’’. 2 So in original. Probably should be ‘‘paragraphs’’. Subsec. (c)(4)(D), (E). Pub. L. 108–447, § 209, added sub- pars. (D) and (E). 2000—Subsec. (c)(5). Pub. L. 106–553 added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights. § 340. Significantly viewed signals permitted to be carried (a) Significantly viewed stations In addition to the broadcast signals that sub- scribers may receive under section 1 338 and 339 of this title, a satellite carrier is also authorized to retransmit to a subscriber located in a com- munity the signal of any station located outside the local market in which such subscriber is lo- cated, to the extent such signal— (1) has, before December 8, 2004, been deter- mined by the Federal Communications Com- mission to be a signal a cable operator may carry as significantly viewed in such commu- nity, except to the extent that such signal is prevented from being carried by a cable sys- tem in such community under the Commis- sion’s network nonduplication and syndicated exclusivity rules; or (2) is, after December 8, 2004, 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 ap- plicable under the rules, regulations, and au- thorizations of the Commission to deter- mining with respect to a cable system whether signals are significantly viewed in a commu- nity. (b) Limitations (1) Service limited to subscribers taking local- into-local service This section shall apply only to retrans- missions to subscribers of a satellite carrier who receive retransmissions of a signal from that satellite carrier pursuant to section 338 of this title. (2) Service limitations A satellite carrier may retransmit to a sub- scriber 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 defini- tion format the signal of a station located in the local market of such subscriber and affili- ated with the same network whenever such format is available from such station. (3) Limitation not applicable where no net- work affiliates The limitations in paragraphs (1) and (2) shall not prohibit a retransmission under this section to a subscriber located in a local mar- ket in which there are no network stations af- filiated with the same television network as the station whose signal is being retrans- mitted pursuant to this section. (4) Authority to grant station-specific waivers Paragraphs (1) and (2) shall not prohibit a re- transmission of a network station to a sub- scriber if and to the extent that the network station in the local market in which the sub- scriber is located, and that is affiliated with the same television network, has privately ne- gotiated and affirmatively granted a waiver from the requirements of paragraph 2 (1) and (2) to such satellite carrier with respect to re- transmission of the significantly viewed sta- tion to such subscriber. (c) Publication and modifications of lists; regula- tions (1) In general The Commission shall— (A) within 60 days after December 8, 2004— (i) publish a list of the stations that are eligible for retransmission under sub- section (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 rule- making within 1 year after December 8, 2004. (2) Public availability of list The Commission shall make readily avail- able 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 sub- section (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 modi- fication 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 commu- nities may be added in which such stations are eligible for such retransmission; and (B) by which network nonduplication or syndicated exclusivity regulations are ap- plied 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 of this title 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