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) 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 of a signal that originates as an analog signal
of a local network station from that satellite carrier pursuant
to section 338 of this title.
(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 of this title 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 (!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), or under section 119(a)(12),
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.
(4) Bandwidth
The terms "equivalent bandwidth" and "entire bandwidth" shall
be defined by the Commission by regulation, except that this
paragraph shall not be construed -
(A) to prevent a satellite operator from using compression
technology;
(B) to require a satellite operator to use the identical
bandwidth or bit rate as the local or distant broadcaster whose
signal it is retransmitting;
(C) to require a satellite operator to use the identical
bandwidth or bit rate for a local network station as it does
for a distant network station;
(D) to affect a satellite operator's obligations under
subsection (a)(1) of this section; or
(E) to affect the definitions of "program related" and
"primary video".