47 U.S.C. § 340 : US Code - Section 340: Significantly viewed signals permitted to be carried

Search 47 U.S.C. § 340 : US Code - Section 340: Significantly viewed signals permitted to be carried

    (a) Significantly viewed stations
      In addition to the broadcast signals that subscribers may receive
    under section (!1) 338 and 339 of this title, a satellite carrier
    is also authorized to retransmit to a subscriber located in a
    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 December 8, 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 December 8, 2004, determined by the Commission to
      be significantly viewed in such community in accordance with the
      same standards and procedures concerning shares of viewing hours
      and audience surveys as are 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) Service limited to subscribers taking local-into-local
        service
        This section shall apply only to retransmissions to subscribers
      of a satellite carrier who receive retransmissions of a signal
      from that satellite carrier pursuant to section 338 of this
      title.
      (2) Service limitations
        A satellite carrier may retransmit to a subscriber in high
      definition format the signal of a station determined by the
      Commission to be significantly viewed under subsection (a) only
      if such carrier also retransmits in high definition format the
      signal of a station located in the local market of such
      subscriber and affiliated with the same network whenever such
      format is available from such station.
      (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 (!2) (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 December 8, 2004 - 
            (i) publish a list of the stations that are eligible for
          retransmission under subsection (a)(1) of this section 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 1 year
        after December 8, 2004.
      (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) of this section
      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) of this section, 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) of this section.
    (d) Effect on other obligations and rights
      (1) No effect on carriage obligations
        Carriage of a signal under this section is not mandatory, and
      any right of a station licensee to have the signal of such
      station carried under section 338 of this title is not affected
      by the eligibility of such station to be carried under this
      section.
      (2) Retransmission consent rights not affected
        The eligibility of the signal of a station to be carried under
      this section does not affect any right of the licensee of such
      station to grant (or withhold) retransmission consent under
      section 325(b)(1) of this title.
    (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)
      of title 17, with respect to persons who reside in unserved
      households, under (!3) 119(a)(4)(A),(!4) or under section
      119(a)(12),(!4) of such title.


    (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.
      (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 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 of this title 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 October 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 of this title) 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 of this title, to elect, with respect to
      such satellite carrier, between retransmission consent pursuant
      to such section 325 of this title and mandatory carriage pursuant
      to section 338 of this title 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 October 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 of this title on
          December 8, 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 of this title after
          December 8, 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) of this title.
      (2) Network station; television network
        The terms "network station" and "television network" have the
      meanings given such terms in section 339(d) of this title.
      (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.