47 U.S.C. § 339 : US Code - Section 339: Carriage of distant television stations by satellite carriers

Search 47 U.S.C. § 339 : US Code - Section 339: Carriage of distant television stations by satellite carriers

(a) Provisions relating to carriage of distant signals
(1) Carriage permitted
(A) In general
Subject to section 119 of title 17, any satellite carrier
shall be permitted to provide the signals of no more than two
network stations in a single day for each television network to
any household not located within the local markets of those
network stations.
(B) Additional service
In addition to signals provided under subparagraph (A), any
satellite carrier may also provide service under the statutory
license of section 122 of title 17, to the local market within
which such household is located. The service provided under
section 122 of such title may be in addition to the two signals
provided under section 119 of such title.
Such two network stations may be comprised of both the analog
signal and digital signal of not more than two network stations.
(2) Replacement of distant signals with local signals
Notwithstanding any other provision of paragraph (1), the
following rules shall apply after December 8, 2004:
(A) Rules for grandfathered subscribers to analog signals
(i) For those receiving distant analog signals
In the case of a subscriber of a satellite carrier who is
eligible to receive the analog signal of a network station
solely by reason of section 119(e) of title 17 (in this
subparagraph referred to as a "distant analog signal"), and
who, as of October 1, 2004, is receiving the distant analog
signal of that network station, the following shall apply:
(I) In a case in which the satellite carrier makes
available to the subscriber the analog signal of a local
network station affiliated with the same television network
pursuant to section 338 of this title, the carrier may only
provide the secondary transmissions of the distant analog
signal of a station affiliated with the same network to
that subscriber -
(aa) if, within 60 days after receiving the notice of
the satellite carrier under section 338(h)(1) of this
title, the subscriber elects to retain the distant analog
signal; but
(bb) only until such time as the subscriber elects to
receive such local analog signal.
(II) Notwithstanding subclause (I), the carrier may not
retransmit the distant analog signal to any subscriber who
is eligible to receive the analog signal of a network
station solely by reason of section 119(e) of title 17,
unless such carrier, within 60 days after December 8, 2004,
submits to that television network the list and statement
required by subparagraph (F)(i).
(ii) For those not receiving distant analog signals
In the case of any subscriber of a satellite carrier who is
eligible to receive the distant analog signal of a network
station solely by reason of section 119(e) of title 17 and
who did not receive a distant analog signal of a station
affiliated with the same network on October 1, 2004, the
carrier may not provide the secondary transmissions of the
distant analog signal of a station affiliated with the same
network to that subscriber.
(B) Rules for other subscribers to analog signals
In the case of a subscriber of a satellite carrier who is
eligible to receive the analog signal of a network station
under this section (in this subparagraph referred to as a
"distant analog 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 analog
signal of a local network station affiliated with the same
television network pursuant to section 338 of this title, the
carrier may only provide the secondary transmissions of the
distant analog 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 (F)(i).
(ii) In a case in which the satellite carrier does not make
available to that subscriber, on January 1, 2005, the analog
signal of a local network station pursuant to section 338 of
this title, the carrier may only provide the secondary
transmissions of the distant analog signal of a station
affiliated with the same network to that subscriber if -
(I) that subscriber seeks to subscribe to such distant
analog signal before the date on which such carrier
commences to carry pursuant to section 338 of this title
the analog 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 (F)(ii).
(C) Future applicability
A satellite carrier may not provide a distant analog 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 December 8, 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
analog signal of a local network station affiliated with the
same television network pursuant to section 338 of this
title, and the retransmission of such signal by such carrier
can reach such subscriber.
(D) Special rules for distant digital signals
(i) Eligibility
In the case of a subscriber of a satellite carrier who,
with respect to a local network station -
(I) is a subscriber whose household is located outside
the coverage area of the analog signal of such station as
predicted by the model specified in subsection (c)(3) of
this section for the signal intensity required under
section 73.683(a) of title 47 of the Code of Federal
Regulations, or a successor regulation;
(II) is in an unserved household as determined under
section 119(d)(1)(A) of title 17; or
(III) is, after the date on which the conditions required
by clause (vii) are met with respect to such station,
determined under clause (vi) of this subparagraph to be
unable to receive a digital signal of such local network
station that exceeds the signal intensity standard
specified in such clause;
such subscriber is eligible to receive the digital signal of
a distant network station affiliated with the same network
under this section (in this subparagraph referred to as a
"distant digital signal") subject to the provisions of this
subparagraph.
(ii) Pre-enactment distant digital signal subscribers
Any eligible subscriber under this subparagraph who is a
lawful subscriber to such a distant digital signal as of the
date of enactment of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 [December 8, 2004] may continue
to receive such distant digital signal, whether or not such
subscriber elects to subscribe to local digital signals.
(iii) Local-to-local analog markets
In a case in which the satellite carrier makes available to
an eligible subscriber under this subparagraph the analog
signal of a local network station pursuant to section 338 of
this title, the carrier may only provide the distant digital
signal of a station affiliated with the same network to that
subscriber if -
(I) in the case of any local market in the 48 contiguous
States of the United States, the distant digital signal is
the secondary transmission of a station whose prime time
network programming is generally broadcast simultaneously
with, or later than, the prime time network programming of
the affiliate of the same network in the local market;
(II) in any local market, the retransmission of the
distant digital signal of the distant station occupies at
least the equivalent bandwidth (as such term is defined by
the Commission under section 340(h)(4) of this title) as
the digital signal broadcast by such station; and
(III) the subscriber subscribes to the analog signal of
such local network station within 60 days after such signal
is made available by the satellite carrier, and adds to or
replaces such analog signal with the digital signal from
such local network station within 60 days after such signal
is made available by the satellite carrier, except that
such distant digital signal may continue to be provided to
a subscriber who cannot be reached by the satellite
transmission of the local digital signal.
(iv) Local-to-local digital markets
After the date on which a satellite carrier makes available
the digital signal of a local network station, the carrier
may not offer the distant digital signal of a network station
affiliated with the same television network to any new
subscriber to such distant digital signal after such date,
except that such distant digital signal may be provided to a
new subscriber who cannot be reached by the satellite
transmission of the local digital signal.
(v) Non-local-to-local markets
After December 8, 2004, if the satellite carrier does not
make available the digital signal of a local network station
in a local market, the satellite carrier may offer a new
subscriber after such date who is eligible under this
subparagraph a distant digital signal from a station
affiliated with the same network and, in the case of any
local market in the 48 contiguous States of the United
States, whose prime time network programming is generally
broadcast simultaneously with, or later than, the prime time
network programming of the affiliate of the same network in
the local market, except that -
(I) such carrier may continue to provide such distant
digital signal to such a subscriber after the date on which
the carrier makes available the digital signal of a local
network station affiliated with such network only if such
subscriber subscribes to the digital signal from such local
network station; and
(II) the limitation contained in subclause (I) of this
clause shall not apply to a subscriber that cannot be
reached by the satellite transmission of the local digital
signal.
(vi) Signal testing for digital signals
(I) A subscriber shall be eligible for a distant digital
signal under clause (i)(III) if such subscriber is
determined, based on a test conducted in accordance with
section 73.686(d) of title 47, Code of Federal Regulations,
or any successor regulation, not to be able to receive a
signal that exceeds the signal intensity standard in section
73.622(e)(1) of title 47, Code of Federal Regulations, as in
effect on December 8, 2004.
(II) Such test shall be conducted, upon written request for
a digital signal strength test by the subscriber to the
satellite carrier, within 30 days after the date the
subscriber submits such request for the test. Such test shall
be conducted by a qualified and independent person selected
by the satellite carrier and the network station or stations,
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.
(III) Unless the satellite carrier and the network station
or stations otherwise agree, the costs of conducting the test
shall be borne as follows:
(aa) If the subscriber is not eligible for a distant
digital signal under clause (i)(I) of this subparagraph (by
reason of being outside of the coverage area of the analog
signal), the satellite carrier may request the station
licensee for a waiver.
(bb) If the licensee agrees to a waiver, or fails to
respond to a waiver request within 30 days, the subscriber
may receive such distant digital signal.
(cc) If the licensee refuses to grant a waiver, the
subscriber may request the satellite carrier to conduct the
test.
(dd) If the satellite carrier requests the test and -
(AA) the station's signal is determined to exceed such
signal intensity standard, the costs of the test shall be
borne by the satellite carrier; and
(BB) the station's signal is determined to not exceed
such signal intensity standard, the costs of the test
shall be borne by the licensee.
(ee) If the satellite carrier does not request the test,
or fails to respond within 30 days, the subscriber may
request the test be conducted under the supervision of the
carrier, and the costs of the test shall be borne by the
subscriber in accordance with regulations prescribed by the
Commission. Such regulations shall also require the carrier
to notify the subscriber of the typical costs of such test.
(vii) Trigger events for use of testing
A subscriber shall not be eligible for a distant digital
signal under clause (i)(III) pursuant to a test conducted
under clause (vii) until -
(I) in the case of a subscriber whose household is
located within the area predicted to be served (by the
predictive model for analog signals under subsection (b)(3)
of this section) by the signal of a local network station
and who is seeking a distant digital signal of a station
affiliated with the same network as that local network
station -
(aa) April 30, 2006, if such local network station is
within the top 100 television markets and -
(AA) has received a tentative digital television
service channel designation that is the same as such
station's current digital television service channel;
or
(BB) has been found by the Commission to have lost
interference protection; or
(bb) July 15, 2007, for any other local network
stations, other than translator stations licensed to
broadcast on December 8, 2004; or
(II) in the case of a translator station, 1 year after
the date on which the Commission completes all actions
necessary for the allocation and assignment of digital
television licenses to television translator stations.
(viii) Testing waivers
Upon request by a local network station, the Commission may
grant a waiver with respect to such station to the beginning
of testing under clause (vii), and prohibit subscribers from
receiving digital signal strength testing with respect to
such station. Such a request shall be filed not less than 5
months prior to the implementation deadline specified in such
clause, and the Commission shall act on such request by such
implementation deadline. Such a waiver shall expire at the
end of not more than 6 months, except that a waiver may be
renewed upon a proper showing. The Commission may only grant
such a request upon submission of clear and convincing
evidence that the station's digital signal coverage is
limited due to the unremediable presence of one or more of
the following:
(I) the need for international coordination or approvals;
(II) clear zoning or environmental legal impediments;
(III) force majeure;
(IV) the station experiences a substantial decrease in
its digital signal coverage area due to necessity of using
side-mounted antenna;
(V) substantial technical problems that result in a
station experiencing a substantial decrease in its coverage
area solely due to actions to avoid interference with
emergency response providers; or
(VI) no satellite carrier is providing the retransmission
of the analog signals of local network stations under
section 338 of this title in the local market.
Under no circumstances may such a waiver be based upon
financial exigency.
(ix) Special waiver provision for translators
Upon request by a television translator station, the
Commission may grant, for not more than 3 years, a waiver
with respect to such station to the beginning of testing
under clause (vii), and prohibit subscribers from receiving
digital signal strength testing with respect to such station,
if the Commission determines that the translator station is
not broadcasting a digital signal due to one or more of the
following:
(I) frequent occurrence of inclement weather; or
(II) mountainous terrain at the transmitter tower
location.
(x) Savings provision
Nothing in this subparagraph shall be construed to affect a
satellite carrier's obligations under section 338 of this
title.
(xi) Definition
For purposes of clause (viii), the term "emergency response
providers" means Federal, State, or local governmental and
nongovernmental emergency public safety, law enforcement,
fire, emergency response, emergency medical (including
hospital emergency facilities), and related personnel,
organizations, agencies, or authorities.
(E) Authority to grant station-specific waivers
This paragraph shall not prohibit a retransmission of a
distant analog signal or distant digital signal (within the
meaning of subparagraph (A), (B), or (D)) of any distant
network station to any subscriber to whom the signal of a local
network station affiliated with the same network is available,
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.
(F) Notices to networks of distant signal subscribers
(i) Within 60 days after December 8, 2004, each satellite
carrier that provides a distant signal of a network station to
a subscriber pursuant to subparagraph (A) or (B)(i) of this
paragraph shall submit to each network -
(I) a list, aggregated by designated 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 of this title 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.
(G) Other provisions not affected
This paragraph shall not affect the eligibility of a
subscriber to receive secondary transmissions under section 340
of this title or as an unserved household included under
section 119(a)(12) of title 17.
(H) Available defined
For purposes of this paragraph, a satellite carrier makes
available a local signal to a subscriber or person if the
satellite carrier offers that local signal to other subscribers
who reside in the same zip code as that subscriber or person.
(3) Penalty for violation
Any satellite carrier that knowingly and willfully provides the
signals of television stations to subscribers in violation of
this subsection shall be liable for a forfeiture penalty under
section 503 of this title in the amount of $50,000 for each
violation or each day of a continuing violation, except that
paragraph (2)(D) of this subsection, relating to the provision of
distant digital signals, shall be enforceable under the
provisions of section 340(f) of this title.
(b) Extension of network nonduplication, syndicated exclusivity,
and sports blackout to satellite retransmission
(1) Extension of protections
Within 45 days after November 29, 1999, the Commission shall
commence a single rulemaking proceeding to establish regulations
that -
(A) apply network nonduplication protection (47 CFR 76.92)
syndicated exclusivity protection (47 CFR 76.151), and sports
blackout protection (47 CFR 76.67) to the retransmission of the
signals of nationally distributed superstations by satellite
carriers to subscribers; and
(B) to the extent technically feasible and not economically
prohibitive, apply sports blackout protection (47 CFR 76.67) to
the retransmission of the signals of network stations by
satellite carriers to subscribers.
(2) Deadline for action
The Commission shall complete all actions necessary to
prescribe regulations required by this section so that the
regulations shall become effective within 1 year after November
29, 1999.
(c) Eligibility for retransmission
(1) Study of digital strength testing procedures
(A) Study required
Not later than 1 year after December 8, 2004, the Federal
Communications Commission shall complete an inquiry regarding
whether, for purposes of identifying if a household is unserved
by an adequate digital signal under section 119(d)(10) of title
17, the digital signal strength standard in section
73.622(e)(1) of title 47, Code of Federal Regulations, or the
testing procedures in section 73.686(d) of title 47, Code of
Federal Regulations, such statutes or regulations should be
revised to take into account the types of antennas that are
available to consumers.
(B) Study considerations
In conducting the study under this paragraph, the Commission
shall consider whether -
(i) to account for the fact that an antenna can be mounted
on a roof or placed in a home and can be fixed or capable of
rotating;
(ii) section 73.686(d) of title 47, Code of Federal
Regulations, should be amended to create different procedures
for determining if the requisite digital signal strength is
present than for determining if the requisite analog signal
strength is present;
(iii) a standard should be used other than the presence of
a signal of a certain strength to ensure that a household can
receive a high-quality picture using antennas of reasonable
cost and ease of installation;
(iv) to develop a predictive methodology for determining
whether a household is unserved by an adequate digital signal
under section 119(d)(10) of title 17;
(v) there is a wide variation in the ability of reasonably
priced consumer digital television sets to receive over-the-
air signals, such that at a given signal strength some may
be able to display high-quality pictures while others cannot,
whether such variation is related to the price of the
television set, and whether such variation should be factored
into setting a standard for determining whether a household
is unserved by an adequate digital signal; and
(vi) to account for factors such as building loss, external
interference sources, or undesired signals from both digital
television and analog television stations using either the
same or adjacent channels in nearby markets, foliage, and man-
made clutter.
(C) Report
Not later than 1 year after December 8, 2004, the Federal
Communications Commission shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing -
(i) the results of the study under this paragraph; and
(ii) recommendations, if any, as to what changes should be
made to Federal statutes or regulations.
(2) Waivers
A subscriber who is denied the retransmission of a signal of a
network station under section 119 of title 17 may request a
waiver from such denial by submitting a request, through such
subscriber's satellite carrier, to the network station asserting
that the retransmission is prohibited. The network station shall
accept or reject a subscriber's request for a waiver within 30
days after receipt of the request. The subscriber shall be
permitted to receive such retransmission under section
119(d)(10)(B) of title 17, if such station agrees to the waiver
request and files with the satellite carrier a written waiver
with respect to that subscriber allowing the subscriber to
receive such retransmission. If a television network station
fails to accept or reject a 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.
(3) Establishment of improved predictive model required
Within 180 days after November 29, 1999, the Commission shall
take all actions necessary, including any reconsideration, to
develop and prescribe by rule a point-to-point predictive model
for reliably and presumptively determining the ability of
individual locations to receive signals in accordance with the
signal intensity standard in effect under section 119(d)(10)(A)
of title 17. In prescribing such model, the Commission shall rely
on the Individual Location Longley-Rice model set forth by the
Federal Communications Commission in Docket No. 98-201 and ensure
that such model takes into account terrain, building structures,
and other land cover variations. The Commission shall establish
procedures for the continued refinement in the application of the
model by the use of additional data as it becomes available.
(4) Objective verification
(A) In general
If a subscriber's request for a waiver under paragraph (2) is
rejected and the subscriber submits to the subscriber's
satellite carrier a request for a test verifying the
subscriber's inability to receive a signal that meets the
signal intensity standard in effect under section 119(d)(10)(A)
of title 17, the satellite carrier and the network station or
stations asserting that the retransmission is prohibited with
respect to that subscriber shall select a qualified and
independent person to conduct a test in accordance with section
73.686(d) of its regulations (47 CFR 73.686(d)), or any
successor regulation. Such test shall be conducted within 30
days after the date the subscriber submits a request for the
test. If the written findings and conclusions of a test
conducted in accordance with such section (or any successor
regulation) demonstrate that the subscriber does not receive a
signal that meets or exceeds the signal intensity standard in
effect under section 119(d)(10)(A) of title 17, the subscriber
shall not be denied the retransmission of a signal of a network
station under section 119 of title 17.
(B) Designation of tester and allocation of costs
If the satellite carrier and the network station or stations
asserting that the retransmission is prohibited are unable to
agree on such a person to conduct the test, the person shall be
designated by an independent and neutral entity designated by
the Commission by rule. Unless the satellite carrier and the
network station or stations otherwise agree, the costs of
conducting the test under this paragraph shall be borne by the
satellite carrier, if the station's signal meets or exceeds the
signal intensity standard in effect under section 119(d)(10)(A)
of title 17, or by the network station, if its signal fails to
meet or exceed such standard.
(C) Avoidance of undue burden
Commission regulations prescribed under this paragraph shall
seek to avoid any undue burden on any party.
(D) Reduction of verification burdens
Within 1 year after December 8, 2004, the Commission shall by
rule exempt from the verification requirements of subparagraph
(A) any request for a test made by a subscriber to a satellite
carrier to whom the retransmission of the signals of local
broadcast stations is available under section 338 of this title
from such carrier.
(E) Exception
A satellite carrier may refuse to engage in the testing
process. If the carrier does so refuse, a subscriber in a local
market in which the satellite carrier does not offer the
signals of local broadcast stations under section 338 of this
title may, at his or her own expense, authorize a signal
intensity test to be performed pursuant to the procedures
specified by the Commission in section 73.686(d) of title 47,
Code of Federal 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 this subparagraph 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.
(5) Definition
Notwithstanding subsection (d)(4) of this section, for purposes
of paragraphs (2) and (4) of this subsection, the term "satellite
carrier" includes a distributor (as defined in section 119(d)(1)
of title 17), but only if the satellite distributor's
relationship with the subscriber includes billing, collection,
service activation, and service deactivation.
(d) Definitions
For the purposes of this section:
(1) Local market
The term "local market" has the meaning given that term under
section 122(j) of title 17.
(2) Nationally distributed superstation
The term "nationally distributed superstation" means a
television broadcast station, licensed by the Commission, that -
(A) is not owned or operated by or affiliated with a
television network that, as of January 1, 1995, offered
interconnected program service on a regular basis for 15 or
more hours per week to at least 25 affiliated television
licensees in 10 or more States;
(B) on May 1, 1991, was retransmitted by a satellite carrier
and was not a network station at that time; and
(C) was, as of July 1, 1998, retransmitted by a satellite
carrier under the statutory license of section 119 of title 17.
(3) Network station
The term "network station" has the meaning given such term
under section 119(d) of title 17.
(4) Satellite carrier
The term "satellite carrier" has the meaning given such term
under section 119(d) of title 17.
(5) Television network
The term "television network" means a television network in the
United States which offers an interconnected program service on a
regular basis for 15 or more hours per week to at least 25
affiliated broadcast stations in 10 or more States.