Text: H.R.4518 — 108th Congress (2003-2004)

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Received in Senate (10/07/2004)


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[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 4518 Received in Senate (RDS)]

  2d Session
                                H. R. 4518


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

                                Received

_______________________________________________________________________

                                 AN ACT


 
    To extend the statutory license for secondary transmissions by 
 satellite carriers of transmissions by television broadcast stations 
under title 17, United States Code, and to amend the Communications Act 
  of 1934 with respect to such transmissions, and for other purposes.

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

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--This Act may be cited as the ``Satellite Home 
Viewer Extension and Reauthorization Act of 2004'' or the ``W. J. 
(Billy) Tauzin Satellite Television Act of 2004''.
    (b) Table of Contents.-- The table of contents for this Act is as 
follows:

Sec. 1. Short titles; table of contents.
           TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

Sec. 101. Extension of authority.
Sec. 102. Reporting of subscribers; significantly viewed and other 
                            signals; technical amendments.
Sec. 103. Statutory license for satellite carriers outside local 
                            markets.
Sec. 104. Statutory license for satellite retransmission of low power 
                            television stations.
Sec. 105. Definitions.
Sec. 106. Effect on certain proceedings.
Sec. 107. Statutory license for satellite carriers retransmitting 
                            superstation signals to commercial 
                            establishments.
Sec. 108. Expedited consideration of voluntary agreements to provide 
                            satellite secondary transmissions to local 
                            markets.
Sec. 109. Study.
         TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

Sec. 201. Extension of retransmission consent exemption.
Sec. 202. Cable/satellite comparability.
Sec. 203. Carriage of local stations on a single dish.
Sec. 204. Replacement of distant signals with local signals.
Sec. 205. Additional notices to subscribers, networks, and stations 
                            concerning signal carriage.
Sec. 206. Privacy rights of satellite subscribers.
Sec. 207. Reciprocal bargaining obligations.
Sec. 208. Unserved digital customers.
Sec. 209. Reduction of required tests.

           TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

SEC. 101. EXTENSION OF AUTHORITY.

    (a) In General.--Section 4(a) of the Satellite Home Viewer Act of 
1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is 
amended by striking ``December 31, 2004'' and inserting ``December 31, 
2009''.
    (b) Extension for Certain Subscribers.--Section 119(e) of title 17, 
United States Code, is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2009''.

SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER 
              SIGNALS; TECHNICAL AMENDMENTS.

    Section 119(a) of title 17, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking ``and pbs 
                satellite feed'';
                    (B) in the first sentence, by striking ``(3), (4), 
                and (6)'' and inserting ``(5), (6), and (8)'';
                    (C) in the first sentence, by striking ``or by the 
                Public Broadcasting Service satellite feed''; and
                    (D) by striking the second sentence;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``(3), (4), 
                (5), and (6)'' and inserting ``(5), (6), (7), and 
                (8)''; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Exceptions.--
                            ``(i) States with single full-power network 
                        station.--In a State in which there is licensed 
                        by the Federal Communications Commission a 
                        single full-power station that was a network 
                        station on January 1, 1995, the statutory 
                        license provided for in subparagraph (A) shall 
                        apply to the secondary transmission by a 
                        satellite carrier of the primary transmission 
                        of that station to any subscriber in a 
                        community that is located within that State and 
                        that is not within the first 50 television 
                        markets as listed in the regulations of the 
                        Commission as in effect on such date (47 CFR 
                        76.51).
                            ``(ii) States with all network stations and 
                        superstations in same local market.--In a State 
                        in which all network stations and superstations 
                        licensed by the Federal Communications 
                        Commission within that State as of January 1, 
                        1995, are assigned to the same local market and 
                        that local market does not encompass all 
                        counties of that State, the statutory license 
                        provided under subparagraph (A) shall apply to 
                        the secondary transmission by a satellite 
                        carrier of the primary transmissions of such 
                        station to all subscribers in the State who 
                        reside in a local market that is within the 
                        first 50 major television markets as listed in 
                        the regulations of the Commission as in effect 
                        on such date (section 76.51 of tile 47 of the 
                        Code of Federal Regulations).
                            ``(iii) Certain additional stations.--If 2 
                        adjacent counties in a single State are in a 
                        local market comprised principally of counties 
                        located in another State, the statutory license 
                        provided for in subparagraph (A) shall apply to 
                        the secondary transmission by a satellite 
                        carrier to subscribers in those 2 counties of 
                        the primary transmissions of any network 
                        station located in the capital of the State in 
                        which such 2 counties are located, if--
                                    ``(I) the 2 counties are located in 
                                a local market that is in the top 100 
                                markets for the year 2003 according to 
                                Nielsen Media Research; and
                                    ``(II) the total number of 
                                television households in the 2 counties 
                                combined did not exceed 10,000 for the 
                                year 2003 according to Nielsen Media 
                                Research.
                    ``(D) Submission of subscriber lists to networks.--
                            ``(i) Initial lists.--A satellite carrier 
                        that makes secondary transmissions of a primary 
                        transmission made by a network station pursuant 
                        to subparagraph (A) shall, 90 days after 
                        commencing such secondary transmissions, submit 
                        to the network that owns or is affiliated with 
                        the network station--
                                    ``(I) a list identifying (by name 
                                and address, including street or rural 
                                route number, city, State, and zip 
                                code) all subscribers to which the 
                                satellite carrier makes secondary 
                                transmissions of that primary 
                                transmission to subscribers in unserved 
                                households; and
                                    ``(II) a separate list, aggregated 
                                by designated market area (as defined 
                                in section 122(j)) (by name and 
                                address, including street or rural 
                                route number, city, State, and zip 
                                code), which shall indicate those 
                                subscribers being served pursuant to 
                                paragraph (3), relating to 
                                significantly viewed stations.
                            ``(ii) Monthly lists.--After the submission 
                        of the initial lists under clause (i), on the 
                        15th of each month, the satellite carrier shall 
                        submit to the network--
                                    ``(I) a list identifying (by name 
                                and address, including street or rural 
                                route number, city, State, and zip 
                                code) any persons who have been added 
                                or dropped as subscribers under clause 
                                (i)(I) since the last submission under 
                                clause (i); and
                                    ``(II) a separate list, aggregated 
                                by designated market area (by name and 
                                street address, including street or 
                                rural route number, city, State, and 
                                zip code), identifying those 
                                subscribers whose service pursuant to 
                                paragraph (3), relating to 
                                significantly viewed stations, has been 
                                added or dropped.
                            ``(iii) Use of subscriber information.--
                        Subscriber information submitted by a satellite 
                        carrier under this subparagraph may be used 
                        only for purposes of monitoring compliance by 
                        the satellite carrier with this subsection.
                            ``(iv) Applicability.--The submission 
                        requirements of this subparagraph shall apply 
                        to a satellite carrier only if the network to 
                        which the submissions are to be made places on 
                        file with the Register of Copyrights a document 
                        identifying the name and address of the person 
                        to whom such submissions are to be made. The 
                        Register shall maintain for public inspection a 
                        file of all such documents.'';
            (3) by striking paragraph (8);
            (4) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively;
            (5) by redesignating paragraphs (3) through (7) as 
        paragraphs (5) through (9), respectively;
            (6) by inserting after paragraph (2) the following:
            ``(3) Secondary transmissions of significantly viewed 
        signals.--
                    ``(A) In general.--Notwithstanding the provisions 
                of paragraph (2)(B), and subject to subparagraph (B) of 
                this paragraph, the statutory license provided for in 
                paragraphs (1) and (2) shall apply to the secondary 
                transmission of the primary transmission of a network 
                station or a superstation to a subscriber who resides 
                outside the station's local market (as defined in 
                section 122(j)) but within a community in which the 
                signal has been determined by the Federal 
                Communications Commission, to be significantly viewed 
                in such community, pursuant to the rules, regulations 
                and authorizations of the Federal Communications 
                Commission in effect on April 15, 1976, applicable to 
                determining with respect to a cable system whether 
                signals are significantly viewed in a community.
                    ``(B) Limitation.--Subparagraph (A) shall apply 
                only to secondary transmissions of the primary 
                transmissions of network stations and superstations to 
                subscribers who receive secondary transmissions from a 
                satellite carrier pursuant to the statutory license 
                under section 122.
                    ``(C) Waiver.--
                            ``(i) In general.--A subscriber who is 
                        denied the secondary transmission of the 
                        primary transmission of a network station under 
                        subparagraph (B) may request a waiver from such 
                        denial by submitting a request, through the 
                        subscriber's satellite carrier, to the network 
                        station in the local market affiliated with the 
                        same network where the subscriber is located. 
                        The network station shall accept or reject the 
                        subscriber's request for a waiver within 30 
                        days after receipt of the request. If the 
                        network station fails to accept or reject the 
                        subscriber's request for a waiver within that 
                        30-day period, that network station shall be 
                        deemed to agree to the waiver request. Unless 
                        specifically stated by the network station, a 
                        waiver that was granted before the date of the 
                        enactment of the Satellite Home Viewer 
                        Extension and Reauthorization Act of 2004 under 
                        section 339(c)(2) of the Communications Act of 
                        1934 shall not constitute a waiver for purposes 
                        of this subparagraph.
                            ``(ii) Sunset.--The authority under clause 
                        (i) to grant waivers shall terminate on 
                        December 31, 2008, and any such waiver in 
                        effect shall terminate on that date.'';
            (7) in paragraph (2)(B)(i), by adding at the end the 
        following new sentence: ``The limitation in this clause shall 
        not apply to secondary transmissions under paragraph (3).''.

SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL 
              MARKETS.

    Section 119 of title 17, United States Code, is amended as follows:
            (1) Subsection (a) is amended by inserting after paragraph 
        (3), as added by section 102 of this Act, the following:
            ``(4) Statutory license where retransmissions into local 
        market available.--
                    ``(A) Rules for subscribers under subsection (e).--
                            ``(i) For those receiving distant 
                        signals.--In the case of a subscriber of a 
                        satellite carrier who is eligible to receive 
                        the secondary transmission of the primary 
                        transmission of a network station solely by 
                        reason of subsection (e) (in this subparagraph 
                        referred to as a `distant signal'), and who, as 
                        of October 1, 2004, is receiving the distant 
                        signal of that network station, the following 
                        shall apply:
                                    ``(I) In a case in which the 
                                satellite carrier makes available to 
                                the subscriber the secondary 
                                transmission of the primary 
                                transmission of a local network station 
                                affiliated with the same television 
                                network pursuant to the statutory 
                                license under section 122, the 
                                statutory license under paragraph (2) 
                                shall apply only to secondary 
                                transmissions by that satellite carrier 
                                to that subscriber of the distant 
                                signal of a station affiliated with the 
                                same television network--
                                            ``(aa) if, within 60 days 
                                        after receiving the notice of 
                                        the satellite carrier under 
                                        section 338(h)(1) of the 
                                        Communications Act of 1934, the 
                                        subscriber elects to retain the 
                                        distant signal; but
                                            ``(bb) only until such time 
                                        as the subscriber elects to 
                                        receive such local signal.
                                    ``(II) Notwithstanding subclause 
                                (I), the statutory license under 
                                paragraph (2) shall not apply with 
                                respect to any subscriber who is 
                                eligible to receive the distant signal 
                                of a television network station solely 
                                by reason of subsection (e), unless the 
                                satellite carrier, within 60 days after 
                                the date of the enactment of the 
                                Satellite Home Viewer Extension and 
                                Reauthorization Act of 2004, submits to 
                                that television network a list, 
                                aggregated by designated market area 
                                (as defined in section 122(j)(2)(C)), 
                                that--
                                            ``(aa) identifies that 
                                        subscriber by name and address 
                                        (street or rural route number, 
                                        city, State, and zip code) and 
                                        specifies the distant signals 
                                        received by the subscriber; and
                                            ``(bb) states, to the best 
                                        of the satellite carrier's 
                                        knowledge and belief, after 
                                        having made diligent and good 
                                        faith inquiries, that the 
                                        subscriber is eligible under 
                                        subsection (e) to receive the 
                                        distant signals.
                            ``(ii) For those not receiving distant 
                        signals.--In the case of any subscriber of a 
                        satellite carrier who is eligible to receive 
                        the distant signal of a network station solely 
                        by reason of subsection (e) and who did not 
                        receive a distant signal of a station 
                        affiliated with the same network on October 1, 
                        2004, the statutory license under paragraph (2) 
                        shall not apply to secondary transmissions by 
                        that satellite carrier to that subscriber of 
                        the distant signal of a station affiliated with 
                        the same network.
                    ``(B) Rules for other subscribers.--In the case of 
                a subscriber of a satellite carrier who is eligible to 
                receive the secondary transmission of the primary 
                transmission of a network station under the statutory 
                license under paragraph (2) (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 
                        carrier makes available to that subscriber, on 
                        January 1, 2005, the secondary transmission of 
                        the primary transmission of a local network 
                        station affiliated with the same television 
                        network pursuant to the statutory license under 
                        section 122, the statutory license under 
                        paragraph (2) shall apply only to secondary 
                        transmissions by that satellite carrier to that 
                        subscriber of the distant signal of a station 
                        affiliated with the same television network if 
                        the subscriber's satellite carrier, not later 
                        than March 1, 2005, submits to that television 
                        network a list, aggregated by designated market 
                        area (as defined in section 122(j)(2)(C)), that 
                        identifies that subscriber by name and address 
                        (street or rural route number, city, State, and 
                        zip code) and specifies the distant signals 
                        received by the subscriber.
                            ``(ii) In a case in which the satellite 
                        carrier does not make available to that 
                        subscriber, on January 1, 2005, the secondary 
                        transmission of the primary transmission of a 
                        local network station affiliated with the same 
                        television network pursuant to the statutory 
                        license under section 122, the statutory 
                        license under paragraph (2) shall apply only to 
                        secondary transmissions by that satellite 
                        carrier of the distant signal of a station 
                        affiliated with the same network to that 
                        subscriber if--
                                    ``(I) that subscriber seeks to 
                                subscribe to such distant signal before 
                                the date on which such carrier 
                                commences to provide pursuant to the 
                                statutory license under section 122 the 
                                secondary transmissions of the primary 
                                transmission of stations from the local 
                                market of such local network station; 
                                and
                                    ``(II) the satellite carrier, 
                                within 60 days after such date, submits 
                                to each television network a list that 
                                identifies each subscriber in that 
                                local market provided such a signal by 
                                name and address (street or rural route 
                                number, city, State, and zip code) and 
                                specifies the distant signals received 
                                by the subscriber.
                    ``(C) Future applicability.--The statutory license 
                under paragraph (2) shall not apply to the secondary 
                transmission by a satellite carrier of a primary 
                transmission of a network station to a person who--
                            ``(i) is not a subscriber lawfully 
                        receiving such secondary transmission as of the 
                        date of the enactment of the Satellite Home 
                        Viewer Extension and Reauthorization Act of 
                        2004; and
                            ``(ii) 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 secondary transmission of the 
                        primary transmission of a local network station 
                        affiliated with the same television network 
                        pursuant to the statutory license under section 
                        122.
                    ``(D) Other provisions not affected.--This 
                paragraph shall not affect the applicability of the 
                statutory license to secondary transmissions under 
                paragraph (3) or to unserved households included under 
                paragraph (12).
                    ``(E) Waiver.--A subscriber who is denied the 
                secondary transmission of a network station under 
                subparagraph (C) may request a waiver from such denial 
                by submitting a request, through the subscriber's 
                satellite carrier, to the network station in the local 
                market affiliated with the same network where the 
                subscriber is located. The network station shall accept 
                or reject the subscriber's request for a waiver within 
                30 days after receipt of the request. If the network 
                station fails to accept or reject the subscriber's 
                request for a waiver within that 30-day period, that 
                network station shall be deemed to agree to the waiver 
                request. Unless specifically stated by the network 
                station, a waiver that was granted before the date of 
                the enactment of the Satellite Home Viewer Extension 
                and Reauthorization Act of 2004 under section 339(c)(2) 
                of the Communications Act of 1934 shall not constitute 
                a waiver for purposes of this subparagraph.
                    ``(F) Available defined.--For purposes of this 
                paragraph, a satellite carrier makes available a 
                secondary transmission of the primary transmission of 
                local station to a subscriber or person if the 
                satellite carrier offers that secondary transmission to 
                other subscribers who reside in the same zip code as 
                that subscriber or person.''.
            (2) Subsection (a) is amended by adding at the end the 
        following:
            ``(14) Waivers.--A subscriber who is denied the secondary 
        transmission of a signal of a network station under subsection 
        (a)(2)(B) may request a waiver from such denial by submitting a 
        request, through the subscriber's satellite carrier, to the 
        network station asserting that the secondary transmission is 
        prohibited. The network station shall accept or reject a 
        subscriber's request for a waiver within 30 days after receipt 
        of the request. If a television network station fails to accept 
        or reject a subscriber's request for a waiver within the 30-day 
        period after receipt of the request, that station shall be 
        deemed to agree to the waiver request and have filed such 
        written waiver. Unless specifically stated by the network 
        station, a waiver that was granted before the date of the 
        enactment of the Satellite Home Viewer Extension and 
        Reauthorization Act of 2004 under section 339(c)(2) of the 
        Communications Act of 1934, and that was in effect on such date 
        of enactment, shall constitute a waiver for purposes of this 
        subparagraph.''.
            (3) Subsection (b)(1) is amended by striking subparagraph 
        (B) and inserting the following:
                    ``(B) a royalty fee for that 6-month period, 
                computed by multiplying the total number of subscribers 
                receiving each secondary transmission of each 
                superstation or network station during each calendar 
                month by the appropriate rate in effect under this 
                section.''.
            (4) Subsection (b)(1) is further amended by adding at the 
        end the following flush sentence: ``Notwithstanding the 
        provisions of subparagraph (B), a satellite carrier whose 
        secondary transmissions are subject to statutory licensing 
        under paragraph (1) or (2) of subsection (a) shall have no 
        royalty obligation for secondary transmissions to a subscriber 
        under paragraph (3) of such subsection.''.
            (5) Subsection (c) is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Applicability and determination of royalty fees.--The 
        appropriate fee for purposes of determining the royalty fee 
        under subsection (b)(1)(B) shall be the appropriate fee set 
        forth in part 258 of title 37, Code of Federal Regulations, as 
        in effect on July 1, 2004, as modified under this 
        subsection.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``July 
                        1, 1996,'' and inserting ``January 2, 2005,'';
                            (ii) in subparagraph (C)--
                                    (I) in the heading, by inserting 
                                ``; public notice'' after 
                                ``agreements'';
                                    (II) in the first sentence, by 
                                striking ``Voluntary agreements'' and 
                                inserting ``(i) Voluntary agreements''; 
                                and
                                    (III) by adding at the end the 
                                following:
                    ``(ii)(I) Within 10 days after the publication in 
                the Federal Register of a notice of the initiation of 
                voluntary negotiation proceedings, parties who have 
                reached a voluntary agreement may request that the 
                royalty fees in that agreement be applied to all 
                satellite carriers, distributors, and copyright owners 
                without convening an arbitration proceeding pursuant to 
                paragraph (3).
                    ``(II) Upon receiving a request under subclause 
                (I), the Librarian of Congress shall immediately 
                provide public notice of the royalty fees from the 
                voluntary agreement and afford parties an opportunity 
                to state that they object to those fees.
                    ``(III) The Librarian shall adopt the royalty fees 
                from the voluntary agreement for all satellite 
                carriers, distributors, and copyright owners without 
                convening an arbitration proceeding unless a party with 
                an intent to participate in the arbitration proceeding 
                and a significant interest in the outcome of that 
                proceeding objects under subclause (II).''; and
                            (iii) in subparagraph (D), by striking 
                        ``December 31, 1999,'' and inserting ``December 
                        31, 2009'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``January 1, 
                                1997,'' and inserting ``May 1, 2005,''; 
                                and
                                    (II) by striking ``who are not 
                                parties to a voluntary agreement filed 
                                with the Copyright Office in accordance 
                                with paragraph (2).'' and inserting 
                                ``and distributors--
                            ``(i) in the absence of a voluntary 
                        agreement filed in accordance with paragraph 
                        (2) that establishes the royalty fees to be 
                        paid by all satellite carriers and 
                        distributors; or
                            ``(ii) if an objection to the fees from a 
                        voluntary agreement submitted for adoption by 
                        the Librarian of Congress to apply to all 
                        satellite carriers, distributors, and copyright 
                        owners is received under paragraph (2)(C) from 
                        a party with an intent to participate in the 
                        arbitration proceeding and a significant 
                        interest in the outcome of that proceeding.'';
                            (ii) in the first sentence of subparagraph 
                        (B), by inserting after ``value of secondary 
                        transmissions'' the following: ``, except that 
                        the Librarian of Congress and any copyright 
                        arbitration royalty panel shall adjust those 
                        fees to account for the obligations of the 
                        parties under any applicable voluntary 
                        agreements filed with the Copyright Office 
                        pursuant to paragraph (2).''; and
                            (iii) in subparagraph (C)(ii), by striking 
                        ``become effective as provided'' and all that 
                        follows through ``later'' and inserting ``be 
                        effective as of January 1, 2005''; and
                    (D) by striking paragraphs (4) and (5).
            (6) Subsection (a)(7), as redesignated by section 102(5) of 
        this Act, is amended--
                    (A) in subparagraph (A), by striking ``who does not 
                reside in an unserved household'' and inserting ``who 
                is not eligible to receive the transmission under this 
                section'';
                    (B) in subparagraph (B), by striking ``who do not 
                reside in unserved households'' and inserting ``who are 
                not eligible to receive the transmission under this 
                section''; and
                    (C) in subparagraph (D), by striking ``is for 
                private home viewing to an unserved household'' and 
                inserting ``is to a subscriber who is eligible to 
                receive the secondary transmission under this 
                section''.

SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER 
              TELEVISION STATIONS.

    (a) In General.--Section 119(a) of title 17, United States Code (as 
amended by sections 102 and 103 of this Act), is further amended by 
adding at the end the following:
            ``(15) Carriage of low power television stations.--
                    ``(A) In general.--Notwithstanding paragraph 
                (2)(B), and subject to subparagraphs (B) through (F) of 
                this paragraph, the statutory license provided for in 
                paragraphs (1) and (2) shall apply to the secondary 
                transmission of the primary transmission of a network 
                station or a superstation that is licensed as a low 
                power television station, to a subscriber who resides 
                within the same local market.
                    ``(B) Geographic limitation.--
                            ``(i) Network stations.--With respect to 
                        network stations, secondary transmissions 
                        provided for in subparagraph (A) shall be 
                        limited to secondary transmissions to 
                        subscribers who--
                                    ``(I) reside in the same local 
                                market as the station originating the 
                                signal; and
                                    ``(II) reside within 35 miles of 
                                the transmitter site of such station, 
                                except that in the case of such a 
                                station located in a standard 
                                metropolitan statistical area which has 
                                1 of the 50 largest populations of all 
                                standard metropolitan statistical areas 
                                (based on the 1980 decennial census of 
                                population taken by the Secretary of 
                                Commerce), the number of miles shall be 
                                20.
                            ``(ii) Superstations.--With respect to 
                        superstations, secondary transmissions provided 
                        for in subparagraph (A) shall be limited to 
                        secondary transmissions to subscribers who 
                        reside in the same local market as the station 
                        originating the signal.
                    ``(C) No applicability to repeaters and 
                translators.--Secondary transmissions provided for in 
                subparagraph (A) shall not apply to any low power 
                television station that retransmits the programs and 
                signals of another television station for more than 2 
                hours each day.
                    ``(D) Royalty fees.--Notwithstanding subsection 
                (b)(1)(B), a satellite carrier whose secondary 
                transmissions of the primary transmissions of a low 
                power television station are subject to statutory 
                licensing under this section shall have no royalty 
                obligation for secondary transmissions to a subscriber 
                who resides within 35 miles of the transmitter site of 
                such station, except that in the case of such a station 
                located in a standard metropolitan statistical area 
                which has 1 of the 50 largest populations of all 
                standard metropolitan statistical areas (based on the 
                1980 decennial census of population taken by the 
                Secretary of Commerce), the number of miles shall be 
                20. Carriage of a superstation that is a low power 
                television station within the station's local market, 
                but outside of the 35-mile or 20-mile radius described 
                in the preceding sentence, shall be subject to royalty 
                payments under section (b)(1)(B).
                    ``(E) Limitation to subscribers taking local-into-
                local service.--Secondary transmissions provided for in 
                subparagraph (A) may be made only to subscribers who 
                receive secondary transmissions of primary 
                transmissions from that satellite carrier pursuant to 
                the statutory license under section 122, and only in 
                conformity with the requirements under 340(b) of the 
                Communications Act of 1934, as in effect on the date of 
                the enactment of the Satellite Home Viewer Extension 
                and Reauthorization Act of 2004.''.

SEC. 105. DEFINITIONS.

    Section 119(d) of title 17, United States Code, is amended--
            (1) in paragraph (2)(A), by striking ``a television 
        broadcast station'' and inserting ``a television station 
        licensed by the Federal Communications Commission'';
            (2) by amending paragraph (9) to read as follows:
            ``(9) Superstation.--The term `superstation' means a 
        television station, other than a network station, licensed by 
        the Federal Communications Commission, that is secondarily 
        transmitted by a satellite carrier.'';
            (3) in paragraph (10)--
                    (A) in subparagraph (B), by striking ``granted 
                under regulations established under section 339(c)(2) 
                of the Communications Act of 1934'' and inserting 
                ``that meets the standards of subsection (a)(14) 
                whether or not the waiver was granted before the date 
                of the enactment of the Satellite Home Viewer Extension 
                and Reauthorization Act of 2004''; and
                    (B) in subparagraph (D), by striking ``(a)(11)'' 
                and inserting ``(a)(12)''; and
            (4) by striking paragraphs (11) and (12) and inserting the 
        following:
            ``(11) Local market.--The term `local market' has the 
        meaning given such term under section 122(j), except that with 
        respect to a low power television station, the term `local 
        market' means the designated market area in which the station 
        is located.
            ``(12) Low power television station.--The term `low power 
        television station' means a low power television as defined 
        under section 74.701(f) of title 47, Code of Federal 
        Regulations, as in effect on June 1, 2004. For purposes of this 
        paragraph, the term ``low power television station'' includes a 
        low power television station that has been accorded primary 
        status as a Class A television licensee under section 
        73.6001(a) of title 47, Code of Federal Regulations.
            ``(13) Commercial establishment.--The term `commercial 
        establishment'--
                    ``(A) means an establishment used for commercial 
                purposes, such as a bar, restaurant, private office, 
                fitness club, oil rig, retail store, bank or other 
                financial institution, supermarket, automobile or boat 
                dealership, or any other establishment with a common 
                business area; and
                    ``(B) does not include a multi-unit permanent or 
                temporary dwelling where private home viewing occurs, 
                such as a hotel, dormitory, hospital, apartment, 
                condominium, or prison.''.

SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.

    Nothing in this title shall modify any remedy imposed on a party 
that is required by the judgment of a court in any action that was 
brought before May 1, 2004, against that party for a violation of 
section 119 of title 17, United States Code.

SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING 
              SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.

    (a) In General.--Section 119 of title 17, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) by inserting ``or for viewing in a commercial 
                establishment'' after ``for private home viewing'' each 
                place it appears; and
                    (B) by striking ``household'' and inserting 
                ``subscriber'';
            (2) in subsection (b), by striking ``for private home 
        viewing'' each place it appears;
            (3) in subsection (d)(1)--
                    (A) by striking ``for private home viewing''; and
                    (B) by inserting ``in accordance with the 
                provisions of this section'' before the period;
            (4) in subsection (d)(6), by inserting ``pursuant to this 
        section'' before the period; and
            (5) in subsection (d)(8)--
                    (A) by striking ``who'' and inserting ``or entity 
                that'';
                    (B) by striking ``for private home viewing''; and
                    (C) by inserting ``in accordance with the 
                provisions of this section'' before the period.
    (b) Conforming Amendments.-- Subsections (a)(4) and (d)(1)(A) of 
section 111 of title 17, United States Code, are each amended by 
striking ``for private home viewing''.

SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE 
              SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.

    Section 119 of title 17, United States Code, is amended by adding 
at the end the following:
    ``(f) Expedited Consideration by Justice Department of Voluntary 
Agreements to Provide Satellite Secondary Transmissions to Local 
Markets.--
            ``(1) In general.--In a case in which no satellite carrier 
        makes available, to subscribers located in a local market, as 
        defined in section 122(j)(2), the secondary transmission into 
        that market of a primary transmission of one or more television 
        broadcast stations licensed by the Federal Communications 
        Commission, and two or more satellite carriers request a 
        business review letter in accordance with section 50.6 of title 
        28, Code of Federal Regulations (as in effect on July 7, 2004), 
        in order to assess the legality under the antitrust laws of 
        proposed business conduct to make or carry out an agreement to 
        provide such secondary transmission into such local market, the 
        appropriate official of the Department of Justice shall respond 
        to the request no later than 90 days after the date on which 
        the request is received.
            ``(2) Definition.--For purposes of this subsection, the 
        term `antitrust laws'--
                    ``(A) has the meaning given that term in subsection 
                (a) of the first section of the Clayton Act (15 U.S.C. 
                12(a)), except that such term includes section 5 of the 
                Federal Trade Commission Act (15 U.S.C. 45) to the 
                extent such section 5 applies to unfair methods of 
                competition; and
                    ``(B) includes any State law similar to the laws 
                referred to in paragraph (1).''.

SEC. 109. STUDY.

    No later than June 30, 2008, the Register of Copyrights shall 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate the 
Register's findings and recommendations on the operation and revision 
of the statutory licenses under sections 111, 119, and 122 of title 17, 
United States Code. The report shall include, but not be limited to, 
the following:
            (1) A comparison of the royalties paid by licensees under 
        such sections, including historical rates of increases in these 
        royalties, a comparison between the royalties under each such 
        section and the prices paid in the marketplace for comparable 
        programming.
            (2) An analysis of the differences in the terms and 
        conditions of the licenses under such sections, an analysis of 
        whether these differences are required or justified by 
        historical, technological, or regulatory differences that 
        affect the satellite and cable industries, and an analysis of 
        whether the cable or satellite industry is placed in a 
        competitive disadvantage due to these terms and conditions.
            (3) An analysis of whether the licenses under such sections 
        are still justified by the bases upon which they were 
        originally created.
            (4) An analysis of the correlation, if any, between the 
        royalties, or lack thereof, under such sections and the fees 
        charged to cable and satellite subscribers, addressing whether 
        cable and satellite companies have passed to subscribers any 
        savings realized as a result of the royalty structure and 
        amounts under such sections.
            (5) An analysis of issues that may arise with respect to 
        the application of the licenses under such sections to the 
        secondary transmissions of the primary transmissions of network 
        stations and superstations that originate as digital signals, 
        including issues that relate to the application of the unserved 
        household limitations under section 119 of title 17, United 
        States Code, and to the determination of royalties of cable 
        systems and satellite carriers.

         TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.

    Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C. 
325(b)(2)(C)) is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2009''.

SEC. 202. CABLE/SATELLITE COMPARABILITY.

    (a) Amendment.--Part I of title III of the Communications Act of 
1934 is amended by inserting after section 339 (47 U.S.C. 339) the 
following new section:

``SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED.

    ``(a) Significantly Viewed Stations.--In addition to the broadcast 
signals that subscribers may receive under section 338 and 339, a 
satellite carrier is also authorized to retransmit to a subscriber 
located in a community the signal of any station located outside the 
local market in which such subscriber is located, to the extent such 
signal--
            ``(1) has, before the date of enactment of the Satellite 
        Home Viewer Extension and Reauthorization Act of 2004, been 
        determined by the Federal Communications Commission to be a 
        signal a cable operator may carry as significantly viewed in 
        such community, except to the extent that such signal is 
        prevented from being carried by a cable system in such 
        community under the Commission's network nonduplication and 
        syndicated exclusivity rules; or
            ``(2) is, after such date of enactment, 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 applicable 
        under the rules, regulations, and authorizations of the 
        Commission to determining with respect to a cable system 
        whether signals are significantly viewed in a community.
    ``(b) Limitations.--
            ``(1) Analog service limited to subscribers taking local-
        into-local service.--With respect to a signal that originates 
        as an analog signal of a network station, this section shall 
        apply only to retransmissions to subscribers of a satellite 
        carrier who receive retransmissions from that satellite carrier 
        pursuant to section 338.
            ``(2) Digital service limitations.--With respect to a 
        signal that originates as a digital signal of a network 
        station, this section shall apply only if--
                    ``(A) the subscriber receives from the satellite 
                carrier pursuant to section 338 the retransmission of 
                the digital signal of a network station in the 
                subscriber's local market that is affiliated with the 
                same television network; and
                    ``(B) either--
                            ``(i) the retransmission of the local 
                        network station occupies at least the 
                        equivalent bandwidth as the digital signal 
                        retransmitted pursuant to this section; or
                            ``(ii) the retransmission of the local 
                        network station is comprised of the entire 
                        bandwidth of the digital signal broadcast by 
                        such local network station.
            ``(3) Limitation not applicable where no network 
        affiliates.--The limitations in paragraphs (1) and (2) shall 
        not prohibit a retransmission under this section to a 
        subscriber located in a local market in which there are no 
        network stations affiliated with the same television network as 
        the station whose signal is being retransmitted pursuant to 
        this section.
            ``(4) Authority to grant station-specific waivers.--
        Paragraphs (1) and (2) shall not prohibit a retransmission of a 
        network station to a subscriber if and to the extent that the 
        network station in the local market in which the subscriber is 
        located, and that is affiliated with the same television 
        network, has privately negotiated and affirmatively granted a 
        waiver from the requirements of paragraph (1) and (2) to such 
        satellite carrier with respect to retransmission of the 
        significantly viewed station to such subscriber.
    ``(c) Publication and Modifications of Lists; Regulations.--
            ``(1) In general.--The Commission shall--
                    ``(A) within 60 days after the date of enactment of 
                the Satellite Home Viewer Extension and Reauthorization 
                Act of 2004--
                            ``(i) publish a list of the stations that 
                        are eligible for retransmission under 
                        subsection (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 rulemaking 
                within one year after such date of enactment.
            ``(2) Public availability of list.--The Commission shall 
        make readily available 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 subsection (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 
        modification 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 communities may be added in which such 
                stations are eligible for such retransmission; and
                    ``(B) by which network nonduplication or syndicated 
                exclusivity regulations are applied 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 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 any right of the licensee of such 
        station to grant (or withhold) retransmission consent under 
        section 325(b)(1).
    ``(e) Network Nonduplication and Syndicated Exclusivity.--
            ``(1) Not applicable except as provided by commission 
        regulations.--Signals eligible to be carried under this section 
        are not subject to the Commission's regulations concerning 
        network nonduplication or syndicated exclusivity unless, 
        pursuant to regulations adopted by the Commission, the 
        Commission determines to permit network nonduplication or 
        syndicated exclusivity to apply within the appropriate zone of 
        protection.
            ``(2) Limitation.--Nothing in this subsection or Commission 
        regulations shall permit the application of network 
        nonduplication or syndicated exclusivity regulations to the 
        retransmission of distant signals of network stations that are 
        carried by a satellite carrier pursuant to a statutory license 
        under section 119(a)(2)(A) or (B), with respect to persons who 
        reside in unserved households, under 119(a)(4)(A), or under 
        section 119(a)(12).
    ``(f) Enforcement.--
            ``(1) Orders and damages.--Upon complaint, the Commission 
        shall issue a cease and desist order to any satellite carrier 
        found to have violated this section in carrying any television 
        broadcast station. Such order may, if a complaining station 
        requests damages--
                    ``(A) provide for the award of damages to a 
                complaining station that establishes that the violation 
                was committed in bad faith, in an amount up to $50 per 
                subscriber, per station, per day of the violation; and
                    ``(B) provide for the award of damages to a 
                prevailing satellite carrier if the Commission 
                determines that the complaint was frivolous, in an 
                amount up to $50 per subscriber alleged to be in 
                violation, per station alleged, per day of the alleged 
                violation.
            ``(2) Commission decision.--The Commission shall issue a 
        final determination resolving a complaint brought under this 
        subsection not later than 180 days after the submission of a 
        complaint under this subsection. The Commission may hear 
        witnesses if it clearly appears, based on written filings by 
        the parties, that there is a genuine dispute about material 
        facts. Except as provided in the preceding sentence, the 
        Commission may issue a final ruling based on written filings by 
        the parties.
            ``(3) Remedies in addition.--The remedies under this 
        subsection are in addition to any remedies available under 
        title 17, United States Code.
            ``(4) No effect on copyright proceedings.--Any 
        determination, action, or failure to act of the Commission 
        under this subsection shall have no effect on any proceeding 
        under title 17, United States Code, and shall not be introduced 
        in evidence in any proceeding under that title. In no instance 
        shall a Commission enforcement proceeding under this subsection 
        be required as a predicate to the pursuit of a remedy available 
        under title 17.
    ``(g) Notices Concerning Significantly Viewed Stations.--Each 
satellite carrier that proposes to commence the retransmission of a 
station pursuant to this section in any local market shall--
            ``(1) not less than 60 days before commencing such 
        retransmission, provide a written notice to any television 
        broadcast station in such local market of such proposal; and
            ``(2) designate on such carrier's website all significantly 
        viewed signals carried pursuant to section 340 and the 
        communities in which the signals are carried.
    ``(h) Additional Corresponding Changes in Regulations.--
            ``(1) Community-by-community elections.--The Commission 
        shall, no later than April 30, 2005, revise section 76.66 of 
        its regulations (47 CFR 76.66), concerning satellite broadcast 
        signal carriage, to permit (at the next cycle of elections 
        under section 325) a television broadcast station that is 
        located in a local market into which a satellite carrier 
        retransmits a television broadcast station pursuant to section 
        338, to elect, with respect to such satellite carrier, between 
        retransmission consent pursuant to such section 325 and 
        mandatory carriage pursuant to section 338 separately for each 
        county within such station's local market, if--
                    ``(A) the satellite carrier has notified the 
                station, pursuant to paragraph (3), that it intends to 
                carry another affiliate of the same network pursuant to 
                this section during the relevant election period in the 
                station's local market; or
                    ``(B) on the date notification under paragraph (3) 
                was due, the satellite carrier was retransmitting into 
                the station's local market pursuant to this section an 
                affiliate of the same television network.
            ``(2) Unified negotiations.--In revising its regulations as 
        required by paragraph (1), the Commission shall provide that 
        any such station shall conduct a unified negotiation for the 
        entire portion of its local market for which retransmission 
        consent is elected.
            ``(3) Additional provisions.--The Commission shall, no 
        later than April 30, 2005, revise its regulations to provide 
        the following:
                    ``(A) Notifications by satellite carrier.--A 
                satellite carrier's retransmission of television 
                broadcast stations pursuant to this section shall be 
                subject to the following limitations:
                            ``(i) In any local market in which the 
                        satellite carrier provides service pursuant to 
                        section 338 on the date of enactment of the 
                        Satellite Home Viewer Extension and 
                        Reauthorization Act of 2004, the carrier may 
                        notify a television broadcast station in that 
                        market, at least 60 days prior to any date on 
                        which the station must thereafter make an 
                        election under section 76.66 of the 
                        Commission's regulations (47 CFR 76.66), of--
                                    ``(I) each affiliate of the same 
                                television network that the carrier 
                                reserves the right to retransmit into 
                                that station's local market pursuant to 
                                this section during the next election 
                                cycle under such section of such 
                                regulations; and
                                    ``(II) for each such affiliate, the 
                                communities into which the satellite 
                                carrier reserves the right to make such 
                                retransmissions.
                            ``(ii) In any local market in which the 
                        satellite carrier commences service pursuant to 
                        section 338 after the date of enactment of the 
                        Satellite Home Viewer Extension and 
                        Reauthorization Act of 2004, the carrier may 
                        notify a station in that market, at least 60 
                        days prior to the introduction of such service 
                        in that market, and thereafter at least 60 days 
                        prior to any date on which the station must 
                        thereafter make an election under section 76.66 
                        of the Commission's regulations (47 CFR 76.66), 
                        of each affiliate of the same television 
                        network that the carrier reserves the right to 
                        retransmit into that station's local market 
                        during the next election cycle under such 
                        section of such regulations.
                            ``(iii) Beginning with the 2005 election 
                        cycle, a satellite carrier may only retransmit 
                        pursuant to this section during the pertinent 
                        election period a signal--
                                    ``(I) as to which it has provided 
                                the notifications set forth in clauses 
                                (i) and (ii); or
                                    ``(II) that it was retransmitting 
                                into the local market under this 
                                section as of the date such 
                                notifications were due.
                    ``(B) Harmonization of elections and retransmission 
                consent agreements.--If a satellite carrier notifies a 
                television broadcast station that it reserves the right 
                to retransmit an affiliate of the same television 
                network during the next election cycle pursuant to this 
                section, the station may choose between retransmission 
                consent and mandatory carriage for any portion of the 
                3-year election cycle that is not covered by an 
                existing retransmission consent agreement.
    ``(i) Definitions.--As used in this section:
            ``(1) Local market; satellite carrier; subscriber; 
        television broadcast station.--The terms `local market', 
        `satellite carrier', `subscriber', and `television broadcast 
        station' have the meanings given such terms in section 338(k).
            ``(2) Network station; television network.--The terms 
        `network station' and `television network' have the meanings 
        given such terms in section 339(d).
            ``(3) Community.--The term `community' means--
                    ``(A) a county or a cable community, as determined 
                under the rules, regulations, and authorizations of the 
                Commission applicable to determining with respect to a 
                cable system whether signals are significantly viewed; 
                or
                    ``(B) a satellite community, as determined under 
                such rules, regulations, and authorizations (or 
                revisions thereof) as the Commission may prescribe in 
                implementing the requirements of this section.
            ``(4) Bandwidth.--The terms `equivalent bandwidth' and 
        `entire bandwidth' shall be defined by the Commission by 
        regulation.''.

SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.

    (a) Amendments.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338(d)) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g) Carriage of Local Stations on a Single Dish.--
            ``(1) Single dish.--Each satellite carrier that retransmits 
        the analog signals of local television broadcast stations in a 
        local market shall retransmit such analog signals in such 
        market by means of a single reception antenna and associated 
        equipment.
            ``(2) Exception.--If the carrier retransmits signals in the 
        digital television service, the carrier shall retransmit such 
        digital signals in such market 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 for analog television 
        service signals.
            ``(3) Effective date.--The requirements of paragraphs (1) 
        and (2) of this subsection shall apply on and after one year 
        after the date of enactment of the Satellite Home Viewer 
        Extension and Reauthorization Act of 2004.
            ``(4) Notice of disruptions.--A carrier that is providing 
        signals of a local television broadcast station in a local 
        market under this section on the date of enactment of the 
        Satellite Home Viewer Extension and Reauthorization Act of 2004 
        shall, not later than 270 days after such date of enactment, 
        provide to the licensees for such stations and the carrier's 
        subscribers in such local market a notice that displays 
        prominently and conspicuously a clear statement of--
                    ``(A) any reallocation of signals between different 
                reception antennas and associated equipment that the 
                carrier intends to make in order to comply with the 
                requirements of this subsection;
                    ``(B) the need, if any, for subscribers to obtain 
                an additional reception antenna and associated 
                equipment to receive such signals; and
                    ``(C) any cessation of carriage or other material 
                change in the carriage of signals as a consequence of 
                the requirements of this paragraph.''.
    (b) Conforming Amendments: Commission Enforcement of Section; Low 
Power Television Stations.--
            (1) Section 338(a) of such Act is amended by striking 
        paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--Each satellite carrier providing, under 
        section 122 of title 17, United States Code, secondary 
        transmissions to subscribers located within the local market of 
        a television broadcast station of a primary transmission made 
        by that station shall carry upon request the signals of all 
        television broadcast stations located within that local market, 
        subject to section 325(b).
            ``(2) Remedies for failure to carry.--In addition to the 
        remedies available to television broadcast stations under 
        section 501(f) of title 17, United States Code, the Commission 
        may use the Commission's authority under this Act to assure 
        compliance with the obligations of this subsection, but in no 
        instance shall a Commission enforcement proceeding be required 
        as a predicate to the pursuit of a remedy available under such 
        section 501(f).
            ``(3) Low power station carriage optional.--No low power 
        television station whose signals are provided under section 
        119(a)(14) of title 17, United States Code, shall be entitled 
        to insist on carriage under this section, regardless of whether 
        the satellite carrier provides secondary transmissions of the 
        primary transmissions of other stations in the same local 
        market pursuant to section 122 of such title, nor shall any 
        such carriage be considered in connection with the requirements 
        of subsection (c) of this section.''.
            (2) Section 338(c)(1) of such Act is amended by striking 
        ``subsection (a)'' and inserting ``subsection (a)(1)''.
            (3) Section 338(k) of such Act (as redesignated by 
        subsection (a)(1)) is amended--
                    (A) by redesignating paragraphs (4) through (7) as 
                paragraphs (5) through (8), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Low power television station.--The term `low power 
        television station' means a low power television station as 
        defined under section 74.701(f) of title 47, Code of Federal 
        Regulations, as in effect on June 1, 2004. For purposes of this 
        paragraph, the term ``low power television station'' includes a 
        low power television station that has been accorded primary 
        status as a Class A television licensee under section 
        73.6001(a) of title 47, Code of Federal Regulations.''.

SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.

    Section 339(a) of the Communications Act of 1934 (47 U.S.C. 339(a)) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Replacement of distant signals with local signals.--
        Notwithstanding any other provision of paragraph (1), the 
        following rules shall apply after the date of enactment of the 
        Satellite Home Viewer Extension and Reauthorization Act of 
        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 of a network station solely by 
                        reason of section 119(e) of title 17, United 
                        States Code (in this subparagraph referred to 
                        as a `distant signal'), and who, as of October 
                        1, 2004, is receiving the distant signal of 
                        that network station, the following shall 
                        apply:
                                    ``(I) In a case in which the 
                                satellite carrier makes available to 
                                the subscriber the signal of a local 
                                network station affiliated with the 
                                same television network pursuant to 
                                section 338, 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 Act, 
                                        the subscriber elects to retain 
                                        the distant signal; but
                                            ``(bb) only until such time 
                                        as the subscriber elects to 
                                        receive such local signal.
                                    ``(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 station solely by reason of 
                                section 119(e) of title 17, United 
                                States Code, unless such carrier, 
                                within 60 days after the date of the 
                                enactment of the Satellite Home Viewer 
                                Extension and Reauthorization Act of 
                                2004, submits to that television 
                                network the list and statement required 
                                by subparagraph (E)(i).
                            ``(ii) For those not receiving distant 
                        signals.--In the case of any subscriber of a 
                        satellite carrier who is eligible to receive 
                        the distant signal of a network station solely 
                        by reason of section 119(e) of title 17, United 
                        States Code, and who did not receive a distant 
                        signal of a station affiliated with the same 
                        network on October 1, 2004, the carrier may not 
                        provide the secondary transmissions of the 
                        distant signal of a station affiliated with the 
                        same network to that subscriber.
                    ``(B) Rules for other subscribers.--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 
                        carrier 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, the carrier 
                        may only provide the secondary transmissions of 
                        the distant signal of a station affiliate with 
                        the same network to that subscriber if the 
                        subscriber's satellite carrier, not later than 
                        March 1, 2005, submits to that television 
                        network the list and statement required by 
                        subparagraph (E)(i).
                            ``(ii) In a case in which the satellite 
                        carrier does not make available to that 
                        subscriber, on January 1, 2005, the signal of a 
                        local network station pursuant to section 338, 
                        the carrier may only provide the secondary 
                        transmissions of the distant signal of a 
                        station affiliated with the same network to 
                        that subscriber if--
                                    ``(I) that subscriber seeks to 
                                subscribe to such distant signal before 
                                the date on which such carrier 
                                commences to carry pursuant to section 
                                338 the signals of stations from the 
                                local market of such local network 
                                station; and
                                    ``(II) the satellite carrier, 
                                within 60 days after such date, submits 
                                to each television network the list and 
                                statement required by subparagraph 
                                (E)(ii).
                    ``(C) Future applicability.--A satellite carrier 
                may not provide a distant signal (within the meaning of 
                subparagraph (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 Home 
                        Viewer Extension and Reauthorization Act of 
                        2004; and
                            ``(ii) 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.
                    ``(D) Authority to grant station-specific 
                waivers.--This paragraph shall not prohibit a 
                retransmission of a distant signal (within the meaning 
                of subparagraph (A) or (B)) of any distant network 
                station to any subscriber to whom the signal of a local 
                network station affiliated with the same network is 
                available pursuant to section 338, if and to the extent 
                that such local network station has affirmatively 
                granted a waiver from the requirements of this 
                paragraph to such satellite carrier with respect to 
                retransmission of such distant network station to such 
                subscriber.
                    ``(E) Notices to networks of distant signal 
                subscribers.--
                            ``(i) Within 60 days after the date of 
                        enactment of the Satellite Home Viewer 
                        Extension and Reauthorization Act of 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 market area, identifying 
                                each subscriber provided such a signal 
                                by--
                                            ``(aa) name;
                                            ``(bb) address (street or 
                                        rural route number, city, 
                                        State, and zip code); and
                                            ``(cc) the distant network 
                                        signal or signals 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 
                        satellite carrier commences to carry pursuant 
                        to section 338 the signals of stations 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 number, city, 
                                        State, and zip code); and
                                            ``(cc) the distant network 
                                        signal or signals 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.
                    ``(F) Other provisions not affected.--This 
                paragraph shall not affect the eligibility of a 
                subscriber to receive secondary transmissions under 
                section 340 of this Act or as an unserved household 
                included under section 119(a)(12) of title 17, United 
                States Code.
                    ``(G) 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 subscriber or 
                person.''.

SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS 
              CONCERNING SIGNAL CARRIAGE.

    Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is 
further amended by inserting after subsection (g) (as added by section 
203) the following new subsection:
    ``(h) Additional Notices to Subscribers, Networks, and Stations 
Concerning Signal Carriage.--
            ``(1) Notices to and elections by subscribers concerning 
        grandfathered signals.--Any carrier that provides a distant 
        signal of a network station to a subscriber pursuant section 
        339(a)(2)(A) shall--
                    ``(A) within 60 days after the local signal of a 
                network station of the same television network is 
                available pursuant to section 338, or within 60 days 
                after the date of enactment of the Satellite Home 
                Viewer Extension and Reauthorization Act of 2004, 
                whichever is later, send a notice to the subscriber--
                            ``(i) offering to substitute the local 
                        network signal for the duplicating distant 
                        network signal; and
                            ``(ii) informing the subscriber that, if 
                        the subscriber fails to respond in 60 days, the 
                        subscriber will lose the distant network signal 
                        but will be permitted to subscribe to the local 
                        network signal; and
                    ``(B) if the subscriber--
                            ``(i) elects to substitute such local 
                        network signal within such 60 days, switch such 
                        subscriber to such local network signal within 
                        10 days after the end of such 60-day period; or
                            ``(ii) fails to respond within such 60 
                        days, terminate the distant network signal 
                        within 10 days after the end of such 60-day 
                        period.
            ``(2) Notice to station licensees of commencement of local-
        into-local service.--
                    ``(A) Notice required.--Within 180 days after the 
                date of enactment of the Satellite Home Viewer 
                Extension and Reauthorization Act of 2004, the 
                Commission shall revise the regulations under this 
                section relating to notice to broadcast station 
                licensees to comply with the requirements of this 
                paragraph.
                    ``(B) Contents of commencement notice.--The notice 
                required by such regulations shall inform each 
                television broadcast station licensee within any local 
                market in which a satellite carrier proposes to 
                commence carriage of signals of stations from that 
                market, not later than 60 days prior to the 
                commencement of such carriage--
                            ``(i) of the carrier's intention to launch 
                        local-into-local service under this section in 
                        a local market, the identity of that local 
                        market, and the location of the carrier's 
                        proposed local receive facility for that local 
                        market;
                            ``(ii) of the right of such licensee to 
                        elect carriage under this section or grant 
                        retransmission consent under section 325(b);
                            ``(iii) that such licensee has 30 days from 
                        the date of the receipt of such notice to make 
                        such election; and
                            ``(iv) that failure to make such election 
                        will result in the loss of the right to demand 
                        carriage under this section for the remainder 
                        of the 3-year cycle of carriage under section 
                        325.
                    ``(C) Transmission of notices.--Such regulations 
                shall require that each satellite carrier shall 
                transmit the notices required by such regulation via 
                certified mail to the address for such television 
                station licensee listed in the consolidated database 
                system maintained by the Commission.''.

SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

    (a) Amendment.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is further amended by inserting after subsection (h) (as 
added by section 205) the following new subsection:
    ``(i) Privacy Rights of Satellite Subscribers.--
            ``(1) Notice.--At the time of entering into an agreement to 
        provide any satellite service or other service to a subscriber 
        and at least once a year thereafter, a satellite carrier shall 
        provide notice in the form of a separate, written statement to 
        such subscriber which clearly and conspicuously informs the 
        subscriber of--
                    ``(A) the nature of personally identifiable 
                information collected or to be collected with respect 
                to the subscriber and the nature of the use of such 
                information;
                    ``(B) the nature, frequency, and purpose of any 
                disclosure which may be made of such information, 
                including an identification of the types of persons to 
                whom the disclosure may be made;
                    ``(C) the period during which such information will 
                be maintained by the satellite carrier;
                    ``(D) the times and place at which the subscriber 
                may have access to such information in accordance with 
                paragraph (5); and
                    ``(E) the limitations provided by this section with 
                respect to the collection and disclosure of information 
                by a satellite carrier and the right of the subscriber 
                under paragraphs (7) and (9) to enforce such 
                limitations.
        In the case of subscribers who have entered into such an 
        agreement before the effective date of this subsection, such 
        notice shall be provided within 180 days of such date and at 
        least once a year thereafter.
            ``(2) Definitions.--For purposes of this subsection, other 
        than paragraph (9)--
                    ``(A) the term `personally identifiable 
                information' does not include any record of aggregate 
                data which does not identify particular persons;
                    ``(B) the term `other service' includes any wire or 
                radio communications service provided using any of the 
                facilities of a satellite carrier that are used in the 
                provision of satellite service; and
                    ``(C) the term `satellite carrier' includes, in 
                addition to persons within the definition of satellite 
                carrier, any person who--
                            ``(i) is owned or controlled by, or under 
                        common ownership or control with, a satellite 
                        carrier; and
                            ``(ii) provides any wire or radio 
                        communications service.
            ``(3) Prohibitions.--
                    ``(A) Consent to collection.--Except as provided in 
                subparagraph (B), a satellite carrier shall not use any 
                facilities used by the satellite carrier to collect 
                personally identifiable information concerning any 
                subscriber without the prior written or electronic 
                consent of the subscriber concerned.
                    ``(B) Exceptions.--A satellite carrier may use such 
                facilities to collect such information in order to--
                            ``(i) obtain information necessary to 
                        render a satellite service or other service 
                        provided by the satellite carrier to the 
                        subscriber; or
                            ``(ii) detect unauthorized reception of 
                        satellite communications.
            ``(4) Disclosure.--
                    ``(A) Consent to disclosure.--Except as provided in 
                subparagraph (B), a satellite carrier shall not 
                disclose personally identifiable information concerning 
                any subscriber without the prior written or electronic 
                consent of the subscriber concerned and shall take such 
                actions as are necessary to prevent unauthorized access 
                to such information by a person other than the 
                subscriber or satellite carrier.
                    ``(B) Exceptions.--A satellite carrier may disclose 
                such information if the disclosure is--
                            ``(i) necessary to render, or conduct a 
                        legitimate business activity related to, a 
                        satellite service or other service provided by 
                        the satellite carrier to the subscriber;
                            ``(ii) subject to paragraph (9), made 
                        pursuant to a court order authorizing such 
                        disclosure, if the subscriber is notified of 
                        such order by the person to whom the order is 
                        directed;
                            ``(iii) a disclosure of the names and 
                        addresses of subscribers to any satellite 
                        service or other service, if--
                                    ``(I) the satellite carrier has 
                                provided the subscriber the opportunity 
                                to prohibit or limit such disclosure; 
                                and
                                    ``(II) the disclosure does not 
                                reveal, directly or indirectly, the--
                                            ``(aa) extent of any 
                                        viewing or other use by the 
                                        subscriber of a satellite 
                                        service or other service 
                                        provided by the satellite 
                                        carrier; or
                                            ``(bb) the nature of any 
                                        transaction made by the 
                                        subscriber over any facilities 
                                        used by the satellite carrier; 
                                        or
                            ``(iv) to a government entity as authorized 
                        under chapters 119, 121, or 206 of title 18, 
                        United States Code, except that such disclosure 
                        shall not include records revealing satellite 
                        subscriber selection of video programming from 
                        a satellite carrier.
            ``(5) Access by subscriber.--A satellite subscriber shall 
        be provided access to all personally identifiable information 
        regarding that subscriber which is collected and maintained by 
        a satellite carrier. Such information shall be made available 
        to the subscriber at reasonable times and at a convenient place 
        designated by such satellite carrier. A satellite subscriber 
        shall be provided reasonable opportunity to correct any error 
        in such information.
            ``(6) Destruction of information.--A satellite carrier 
        shall destroy personally identifiable information if the 
        information is no longer necessary for the purpose for which it 
        was collected and there are no pending requests or orders for 
        access to such information under paragraph (5) or pursuant to a 
        court order.
            ``(7) Penalties.--Any person aggrieved by any act of a 
        satellite carrier in violation of this section may bring a 
        civil action in a United States district court. The court may 
        award--
                    ``(A) actual damages but not less than liquidated 
                damages computed at the rate of $100 a day for each day 
                of violation or $1,000, whichever is higher;
                    ``(B) punitive damages; and
                    ``(C) reasonable attorneys' fees and other 
                litigation costs reasonably incurred.
        The remedy provided by this subsection shall be in addition to 
        any other lawful remedy available to a satellite subscriber.
            ``(8) Rule of construction.--Nothing in this title shall be 
        construed to prohibit any State from enacting or enforcing laws 
        consistent with this section for the protection of subscriber 
        privacy.
            ``(9) Court orders.--Except as provided in paragraph 
        (4)(B)(iv), a governmental entity may obtain personally 
        identifiable information concerning a satellite subscriber 
        pursuant to a court order only if, in the court proceeding 
        relevant to such court order--
                    ``(A) such entity offers clear and convincing 
                evidence that the subject of the information is 
                reasonably suspected of engaging in criminal activity 
                and that the information sought would be material 
                evidence in the case; and
                    ``(B) the subject of the information is afforded 
                the opportunity to appear and contest such entity's 
                claim.''.
    (b) Effective Date.--Section 338(i) of the Communications Act of 
1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section 
shall be effective 60 days after the date of enactment of this Act.

SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

    (a) Amendments.--Section 325(b)(3)(C) of the Communications Act of 
1934 (47 U.S.C. 325(b)(3)(C)) is amended--
            (1) by striking ``Within 45 days'' and all that follows 
        through ``1999, the'' and inserting ``The'';
            (2) by striking the second sentence;
            (3) by striking ``and'' at the end of clause (i);
            (4) in clause (ii)--
                    (A) by striking ``January 1, 2006'' and inserting 
                ``January 1, 2010''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (5) by adding at the end the following new clauses:
                            ``(iii) until January 1, 2010, prohibit a 
                        multichannel video programming distributor from 
                        failing to negotiate in good faith for 
                        retransmission consent under this section, and 
                        it shall not be a failure to negotiate in good 
                        faith if the distributor enters into 
                        retransmission consent agreements containing 
                        different terms and conditions, including price 
                        terms, with different broadcast stations if 
                        such different terms and conditions are based 
                        on competitive marketplace considerations.''.
    (b) Deadline.--The Federal Communications Commission shall 
prescribe regulations to implement the amendments made by subsection 
(a)(5) within 180 days after the date of enactment of this Act.

SEC. 208. UNSERVED DIGITAL CUSTOMERS.

    (a) Inquiry Required.--Consistent with the digital television 
service rules of the Federal Communications Commission in effect on the 
date of enactment of this Act, and the propagation prediction models 
derived from Bulletin No. 69 of the Commission's Office of Engineering 
and Technology, the Commission shall initiate an inquiry to recommend 
the appropriate methodologies for determining which consumers are in 
locations where the consumer will be unable, on and after the date on 
which analog television services are discontinued pursuant to the 
provisions of section 309(j)(14) of the Communications Act of 1934 (47 
U.S.C. 309(j)(14)), to receive broadcast digital television service 
signals that are transmitted from a station's permanent digital 
television channel that are of sufficient intensity to be able to 
receive and display digital television service using receiving 
terrestrial outdoor antennas of reasonable cost and ease of 
installation. Such methodologies shall be based on the current field 
strength requirements for digital television stations in section 
73.622(e)(1) of the Commission's regulations (47 CFR 622(e)(1)).
    (b) Report Required.--The Federal Communications Commission shall 
submit a report on the results of the inquiry required by subsection 
(a) to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than December 31, 2005. Such 
report shall include--
            (1) a proposal, using the best engineering practices for 
        the broadcast television industry, for a predictive methodology 
        for determining both which consumers--
                    (A) receive a digital signal of sufficient 
                intensity to be able to receive and display digital 
                television service using receiving terrestrial outdoor 
                antennas of reasonable cost and ease of installation; 
                or
                    (B) will receive such a signal after a local 
                station begins transmitting on its permanent digital 
                television channel;
            (2) an analysis of whether it is possible to identify the 
        areas of the country within which consumers will not, on and 
        after the date on which analog television services are 
        discontinued pursuant to the provisions of section 309(j)(14) 
        of the Communications Act of 1934 (47 U.S.C. 309(j)(14)), be 
        able to receive a digital television signal of sufficient 
        intensity to be able to receive and display digital television 
        service using receiving terrestrial outdoor antennas of 
        reasonable cost and ease of installation; and
            (3) if possible, an identification, on a county-by-county 
        or more localized basis, of such areas for each television 
        network.

SEC. 209. REDUCTION OF REQUIRED TESTS.

    Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C. 
339(c)(4)) is amended by inserting after subparagraph (C) the following 
new subparagraphs:
                    ``(D) Reduction of verification burdens.--Within 
                one year after the date of enactment of the Satellite 
                Home Viewer Extension and Reauthorization Act of 2004, 
                the Commission shall by rule exempt from the 
                verification requirements of subparagraph (A) any 
                request for a test made by a subscriber to a satellite 
                carrier--
                            ``(i) to whom the retransmission of the 
                        signals of local broadcast stations is 
                        available under section 338 from such carrier; 
                        or
                            ``(ii) for whom the predictive model 
                        required by paragraph (3) predicts a signal 
                        intensity that exceeds the signal intensity 
                        standard in effect under section 119(d)(10)(A) 
                        of such title by such number of decibels as the 
                        Commission specifies in such rule.
                    ``(E) Exception.--A subscriber in a local market in 
                which the satellite carrier does not offer the signals 
                of local broadcast stations under section 338 and whose 
                household is predicted to meet or exceed the number of 
                decibels specified by the Commission pursuant to 
                subparagraph (D)(ii), 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 
                Regulations, by a tester who is approved by the 
                satellite 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 disapproved. A tester may not be so 
                disapproved for a test after the tester has commenced 
                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 the 
                preceding sentence shall be determinative of the signal 
                strength received at that household for purposes of 
                determining whether the household is capable of 
                receiving a Grade B intensity signal.''.

            Passed the House of Representatives October 6, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.