Text: S.2764 — 111th Congress (2009-2010)All Information (Except Text)

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Reported to Senate (12/17/2010)

 
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 2764 Reported in Senate (RS)]

                                                       Calendar No. 709
111th CONGRESS
  2d Session
                                S. 2764

To reauthorize the Satellite Home Viewer Extension and Reauthorization 
                  Act of 2004, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2009

 Mr. Rockefeller (for himself and Mr. Kerry) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           December 17, 2010

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Satellite Home Viewer Extension and Reauthorization 
                  Act of 2004, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Satellite Television 
Extension and Localism Act of 2009''.</DELETED>

<DELETED>SEC. 2. EXTENSION OF AUTHORITY.</DELETED>

<DELETED>    Section 325(b) of the Communications Act of 1934 (47 
U.S.C. 325(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2)(C), by striking ``December 
        31, 2009'' and inserting ``December 31, 2014''; and</DELETED>
        <DELETED>    (2) in paragraph (3)(C), by striking ``January 1, 
        2010'' each place it appears in clauses (ii) and (iii) and 
        inserting ``January 1, 2015''.</DELETED>

<DELETED>SEC. 3. SIGNIFICANTLY VIEWED STATIONS.</DELETED>

<DELETED>    (a) In General.--Paragraphs (1) and (2) of section 340(b) 
of such Act (47 U.S.C. 340(b)) are amended to read as 
follows:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Rulemaking Required.--Within 180 days after the date 
of the enactment of this Act, the Federal Communications Commission 
shall take all actions necessary to promulgate a rule to implement the 
amendments made by subsection (a).</DELETED>

<DELETED>SEC. 4. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Section 338.--Section 338 of the Communications Act of 
1934 (47 U.S.C. 338) is amended--</DELETED>
        <DELETED>    (1) by striking ``119(a)(14)'' in the first 
        paragraph (3) of subsection (a) and inserting 
        ``119(a)(15)'';</DELETED>
        <DELETED>    (2) by striking the second paragraph (3) of 
        subsection (a); and</DELETED>
        <DELETED>    (3) by striking subsection (g) and inserting the 
        following:</DELETED>
<DELETED>    ``(g) Carriage of Local Stations on a Single Reception 
Antenna.--</DELETED>
        <DELETED>    ``(1) Single reception antenna.--Each satellite 
        carrier that retransmits the signals of local television 
        broadcast stations in a local market shall retransmit such 
        stations in such market so that a subscriber may receive such 
        stations by means of a single reception antenna and associated 
        equipment.</DELETED>
        <DELETED>    ``(2) Additional reception antenna.--If the 
        carrier retransmits the signals of local television broadcast 
        stations in a local market in high definition format, the 
        carrier shall retransmit such signals in such market so that a 
        subscriber may receive such signals 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 to comply with 
        paragraph (1).''.</DELETED>
<DELETED>    (b) Section 339.--Section 339 of such Act (47 U.S.C. 339) 
is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)(B), by striking 
                ``Such two network stations'' and all that follows 
                through ``more than two network stations.''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in the heading for 
                        subparagraph (A), by striking ``grandfathered 
                        subscribers to analog signals.--'' and 
                        inserting ``certain grandfathered 
                        subscribers.--'';</DELETED>
                        <DELETED>    (ii) by striking ``Satellite Home 
                        Viewer Extension and Reauthorization Act of 
                        2004:'' and inserting ``Satellite Television 
                        Extension and Localism Act of 
                        2009:'';</DELETED>
                        <DELETED>    (iii) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) in the heading for 
                                clause (i), by striking 
                                ``analog'';</DELETED>
                                <DELETED>    (II) in clause (i)--
                                </DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``analog'' each place it 
                                        appears; and</DELETED>
                                        <DELETED>    (bb) by striking 
                                        ``October 1, 2004,'' and 
                                        inserting ``October 1, 
                                        2009,'';</DELETED>
                                <DELETED>    (III) in the heading for 
                                clause (ii), by striking ``analog''; 
                                and</DELETED>
                                <DELETED>    (IV) in clause (ii)--
                                </DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``analog'' each place it 
                                        appears; and</DELETED>
                                        <DELETED>    (bb) by striking 
                                        ``2004,'' and inserting 
                                        ``2009,'';</DELETED>
                        <DELETED>    (iv) by amending subparagraph (B) 
                        to read as follows:</DELETED>
                <DELETED>    ``(B) Rules for other subscribers.--A 
                subscriber of a satellite carrier, other than a 
                subscriber to whom subparagraph (A) applies, who was 
                lawfully receiving the distant signal of a network 
                station on the day before the date of enactment of the 
                Satellite Television Extension and Localism Act of 2009 
                may continue to receive such distant signal until such 
                subscriber chooses to no longer receive such distant 
                signal from such carrier, whether or not such 
                subscriber elects to subscribe to local 
                signals.'';</DELETED>
                        <DELETED>    (v) in subparagraph (C)--
                        </DELETED>
                                <DELETED>    (I) by striking 
                                ``analog'';</DELETED>
                                <DELETED>    (II) in clause (i), by 
                                striking ``the Satellite Home Viewer 
                                Extension and Reauthorization Act of 
                                2004;'' and inserting ``the Satellite 
                                Television Extension and Localism Act 
                                of 2009;''; and</DELETED>
                                <DELETED>    (III) by amending clause 
                                (ii) to read as follows:</DELETED>
                        <DELETED>    ``(ii) either--</DELETED>
                                <DELETED>    ``(I) 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, and 
                                the retransmission of such signal by 
                                such carrier can reach such subscriber; 
                                or</DELETED>
                                <DELETED>    ``(II) receives from the 
                                satellite carrier the signal of a 
                                network station affiliated with the 
                                same network that is broadcast by a 
                                local station in the market where the 
                                subscriber resides, but is not the 
                                local station's primary 
                                video.'';</DELETED>
                        <DELETED>    (vi) by striking subparagraph (D) 
                        and inserting the following:</DELETED>
                <DELETED>    ``(D) Special rules for distant signals.--
                </DELETED>
                        <DELETED>    ``(i) In general.--In the case of 
                        a subscriber of a satellite carrier who, with 
                        respect to a local network station--</DELETED>
                                <DELETED>    ``(I) is a subscriber 
                                whose household is not predicted by the 
                                model specified in subsection (c)(3) of 
                                this section to receive the signal 
                                intensity required under section 
                                73.622(e)(1) or 73.683(a) of 47 of the 
                                Code of Federal Regulations, or a 
                                successor regulation, or</DELETED>
                                <DELETED>    ``(II) is in an unserved 
                                household, as determined under section 
                                119(d)(10)(A) of title 17, United 
                                States Code,</DELETED>
                        <DELETED>such subscriber is eligible to receive 
                        the signal of a distant network station 
                        affiliated with the same network under this 
                        section, subject to the provisions of this 
                        subparagraph.</DELETED>
                        <DELETED>    ``(ii) Signal testing.--A 
                        subscriber shall be eligible to receive a 
                        distant signal of a distant network station 
                        affiliated with the same network under this 
                        section 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) or 73.683(a) of title 47, Code of 
                        Federal Regulations.</DELETED>
                        <DELETED>    ``(iii) Time-shifting 
                        prohibited.--In a case in which the satellite 
                        carrier makes available to an eligible 
                        subscriber under this subparagraph the signal 
                        of a local network station pursuant to section 
                        338, the carrier may only provide the distant 
                        signal of a station affiliated with the same 
                        network to that subscriber if, in the case of 
                        any local market in the 48 contiguous States of 
                        the United States, the distant signal is the 
                        secondary transmission of a station whose prime 
                        time network programming is generally broadcast 
                        simultaneously with, or later than, the prime 
                        time network programming of the affiliate of 
                        the same network in the local market.</DELETED>
                        <DELETED>    ``(iv) Savings provision.--Nothing 
                        in this subparagraph shall be construed to 
                        affect a satellite carrier's obligations under 
                        section 338.''; and</DELETED>
                        <DELETED>    (vii) in subparagraph (E), by 
                        striking ``distant analog signal or'' and all 
                        that follows through ``(B), or (D))'' and 
                        inserting ``distant signal''; and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) Establishment of improved predictive model 
        and on-location testing required.--</DELETED>
                <DELETED>    ``(A) Predictive model.--Within 180 days 
                after the date of the enactment of the Satellite 
                Television Extension and Localism Act of 2009, the 
                Commission shall take all actions necessary to develop 
                and prescribe by rule a point-to-point predictive model 
                for reliably and presumptively determining the ability 
                of individual locations, through the use of an antenna, 
                to receive signals in accordance with the signal 
                intensity standard in section 73.622(e)(1) of title 47, 
                Code of Federal Regulations, including to account for 
                the continuing operation of translator stations and low 
                power television stations. In prescribing such model, 
                the Commission shall rely on the Individual Location 
                Longley-Rice model set forth by the Commission in CS 
                Docket No. 98-201, as previously revised with respect 
                to analog signals, and as recommended by the Commission 
                with respect to digital signals in its Report to 
                Congress in ET Docket No. 05-182, FCC 05-199 (released 
                December 9, 2005). The Commission shall establish 
                procedures for the continued refinement in the 
                application of the model by the use of additional data 
                as it becomes available.</DELETED>
                <DELETED>    ``(B) On-location testing.--The Commission 
                shall issue an order completing its rulemaking 
                proceeding in ET Docket No. 06-94 within 180 days after 
                the date of enactment of the Satellite Television 
                Extension and Localism Act of 2009. In conducting such 
                rulemaking, the Commission shall seek ways to minimize 
                consumer burdens associated with on-location 
                testing.'';</DELETED>
                <DELETED>    (B) by striking paragraph (4)(A) and 
                inserting the following:</DELETED>
                <DELETED>    ``(A) In general.--If a subscriber's 
                request for a waiver under paragraph (2) is rejected 
                and the subscriber submits to the subscriber's 
                satellite carrier a request for a test verifying the 
                subscriber's inability to receive a signal of the 
                signal intensity referenced in clause (i) of subsection 
                (a)(2)(D), 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 
                the test referenced in such clause. Such test shall be 
                conducted within 30 days after the date the subscriber 
                submits a request for the test. If the written findings 
                and conclusions of a test conducted in accordance with 
                such clause demonstrate that the subscriber does not 
                receive a signal that meets or exceeds the requisite 
                signal intensity standard in such clause, the 
                subscriber shall not be denied the retransmission of a 
                signal of a network station under section 119 of title 
                17, United States Code.'';</DELETED>
                <DELETED>    (C) in paragraph (4)(B), by striking ``the 
                signal intensity'' and all that follows through 
                ``United States Code'' and inserting ``such requisite 
                signal intensity standard''; and</DELETED>
                <DELETED>    (D) in paragraph (4)(E), by striking 
                ``Grade B intensity''.</DELETED>
<DELETED>    (c) Section 340.--Section 340(i) of such Act (47 U.S.C. 
340(i)) is amended by striking paragraph (4).</DELETED>

<DELETED>SEC. 5. APPLICATION PENDING COMPLETION OF 
              RULEMAKINGS.</DELETED>

<DELETED>    (a) In General.--Between the date of enactment of this Act 
and the adoption of rules by the Federal Communications Commission 
pursuant to the amendments to the Communications Act of 1934 made by 
sections 3 and 4 of this Act, the Federal Communications Commission 
shall follow its rules and regulations promulgated pursuant to sections 
338, 339, and 340 of the Communications Act of 1934 as in effect on the 
day before the date of enactment of this Act.</DELETED>
<DELETED>    (b) Translator Stations and Low Power Television 
Stations.--Notwithstanding subsection (a), for purposes of determining 
whether a subscriber within the local market served by a translator 
station or a low power television station affiliated with a television 
network is eligible to receive distant signals under section 339 of 
such Act, the Federal Communications Commission shall follow its rules 
and regulations for determining such subscriber's eligibility as in 
effect on the day before the date of enactment of this Act until the 
date on which the translator station or low power television station is 
licensed to broadcast a digital signal.</DELETED>
<DELETED>    (c) Definitions.--As used in this Act:</DELETED>
        <DELETED>    (1) Local market; low power television station; 
        satellite carrier; subscriber; television broadcast station.--
        The terms ``local market'', ``low power television station'', 
        ``satellite carrier'', ``subscriber'', and ``television 
        broadcast station'' have the meanings given such terms in 
        section 338(k) of the Communications Act of 1934.</DELETED>
        <DELETED>    (2) Network station; television network.--The 
        terms ``network station'' and ``television network'' have the 
        meanings given such terms in section 339(d) of such 
        Act.</DELETED>

<DELETED>SEC. 6. SAVINGS CLAUSE REGARDING DEFINITIONS.</DELETED>

<DELETED>    Nothing in this Act or the amendments made by this Act 
shall be construed to affect the definitions of ``program related'' and 
``primary video'' in the Communications Act of 1934 or in any 
regulations promulgated pursuant to such Act by the Federal 
Communications Commission.</DELETED>

<DELETED>SEC. 7. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION 
              DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION 
              STATIONS.</DELETED>

<DELETED>    (a) In General.--Section 338(a) of the Communications Act 
of 1934 (47 U.S.C. 338(a)) is amended by adding at the end the 
following new paragraph:</DELETED>
        <DELETED>    ``(5) Nondiscrimination in carriage of high 
        definition signals of noncommercial educational television 
        stations.--</DELETED>
                <DELETED>    ``(A) Existing carriage of high definition 
                signals.--Each eligible satellite carrier providing, 
                under section 122 of title 17, United States Code, any 
                secondary transmissions in high definition to 
                subscribers located within the local market of a 
                television broadcast station of a primary transmission 
                made by that station prior to the date of enactment of 
                the Satellite Television Extension and Localism Act of 
                2009 shall carry the high definition signals of 
                qualified noncommercial educational television stations 
                located within that local market in accordance with the 
                following schedule:</DELETED>
                        <DELETED>    ``(i) By December 31, 2010, in at 
                        least 50 percent of the markets in which such 
                        satellite carrier provides such secondary 
                        transmissions in high definition.</DELETED>
                        <DELETED>    ``(ii) By December 31, 2011, in 
                        every market in which such satellite carrier 
                        provides such secondary transmissions in high 
                        definition.</DELETED>
                <DELETED>    ``(B) New initiation of service.--Each 
                eligible satellite carrier that initiates the 
                provision, under section 122 of title 17, United States 
                Code, of any secondary transmissions in high definition 
                to subscribers located within the local market of a 
                television broadcast station of a primary transmission 
                made by that station after the date of enactment of the 
                Satellite Television Extension and Localism Act of 2009 
                shall carry the high definition signals of all 
                qualified noncommercial educational television stations 
                located within that local market.''.</DELETED>
<DELETED>    (b) Definitions.--Section 338(k) of such Act (47 U.S.C. 
338(k)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively;</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the following 
        new paragraph:</DELETED>
        <DELETED>    ``(2) Eligible satellite carrier.--The term 
        `eligible satellite carrier' means any satellite carrier that 
        is not a party to a carriage contract with a qualified 
        noncommercial educational television station or its 
        representative that--</DELETED>
                <DELETED>    ``(A) governs carriage of more than 30 
                such stations; and</DELETED>
                <DELETED>    ``(B) is in force and effect as of the 
                date of enactment of the Satellite Television Extension 
                and Localism Act of 2009.'';</DELETED>
        <DELETED>    (3) by redesignating paragraphs (6) through (9) 
        (as previously redesignated) as paragraphs (7) through (10), 
        respectively; and</DELETED>
        <DELETED>    (4) by inserting after paragraph (5) (as so 
        redesignated) the following new paragraph:</DELETED>
        <DELETED>    ``(6) Qualified noncommercial educational 
        television station.--The term `qualified noncommercial 
        educational television station' has the meaning given such term 
        in section 615(l)(1) of this Act.''.</DELETED>

<DELETED>SEC. 8. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY 
              LICENSING MODIFICATIONS.</DELETED>

<DELETED>    (a) Study.--The Comptroller General shall conduct a study 
that analyzes and evaluates the changes to the carriage requirements 
currently imposed on multichannel video programming distributors under 
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
regulations promulgated by the Federal Communications Commission that 
would be required or beneficial to consumers, and such other matters as 
the Comptroller General deems appropriate, if Congress implemented a 
phase-out of the current statutory licensing requirements set forth 
under sections 111, 119, and 122 of title 17, United States Code. Among 
other things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer prices 
and access to programming.</DELETED>
<DELETED>    (b) Report.--Not later than 12 months after the date of 
enactment of this Act, the Comptroller General shall report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Energy and Commerce the results of the 
study, including any recommendations for legislative or administrative 
actions.</DELETED>

<DELETED>SEC. 9. SEVERABILITY.</DELETED>

<DELETED>    If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provisions 
to any person or circumstance shall not be affected thereby.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Satellite Television Extension and 
Localism Act of 2009''.

SEC. 2. EXTENSION OF AUTHORITY.

    Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 
is amended--
            (1) in paragraph (2)(C), by striking ``December 31, 2009'' 
        and inserting ``December 31, 2014''; and
            (2) in paragraph (3)(C), by striking ``January 1, 2010'' 
        each place it appears in clauses (ii) and (iii) and inserting 
        ``January 1, 2015''.

SEC. 3. SIGNIFICANTLY VIEWED STATIONS.

    (a) In General.--Paragraphs (1) and (2) of section 340(b) of such 
Act (47 U.S.C. 340(b)) are amended to read as follows:
            ``(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.
            ``(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.''.
    (b) Rulemaking Required.--Within 180 days after the date of the 
enactment of this Act, the Federal Communications Commission shall take 
all actions necessary to promulgate a rule to implement the amendments 
made by subsection (a).

SEC. 4. CONFORMING AMENDMENTS.

    (a) Section 338.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is amended--
            (1) by striking ``119(a)(14)'' in the first paragraph (3) 
        of subsection (a) and inserting ``119(a)(15)'';
            (2) by striking the second paragraph (3) of subsection (a); 
        and
            (3) by striking subsection (g) and inserting the following:
    ``(g) Carriage of Local Stations on a Single Reception Antenna.--
            ``(1) Single reception antenna.--Each satellite carrier 
        that retransmits the signals of local television broadcast 
        stations in a local market shall retransmit such stations in 
        such market so that a subscriber may receive such stations by 
        means of a single reception antenna and associated equipment.
            ``(2) Additional reception antenna.--If the carrier 
        retransmits the signals of local television broadcast stations 
        in a local market in high definition format, the carrier shall 
        retransmit such signals in such market so that a subscriber may 
        receive such signals 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 to comply with paragraph (1).''.
    (b) Section 339.--Section 339 of such Act (47 U.S.C. 339) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by striking ``Such two 
                network stations'' and all that follows through ``more 
                than two network stations.''; and
                    (B) in paragraph (2)--
                            (i) in the heading for subparagraph (A), by 
                        striking ``grandfathered subscribers to analog 
                        signals.-- and inserting ``certain 
                        grandfathered subscribers.--'';
                            (ii) by striking ``Satellite Home Viewer 
                        Extension and Reauthorization Act of 2004:'' 
                        and inserting ``Satellite Television Extension 
                        and Localism Act of 2009:'';
                            (iii) in subparagraph (A)--
                                    (I) in the heading for clause (i), 
                                by striking ``analog'';
                                    (II) in clause (i)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``October 
                                        1, 2004,'' and inserting 
                                        ``October 1, 2009,'';
                                    (III) in the heading for clause 
                                (ii), by striking ``analog''; and
                                    (IV) in clause (ii)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``2004,'' 
                                        and inserting ``2009,'';
                            (iv) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Rules for other subscribers.--A subscriber of 
                a satellite carrier, other than a subscriber to whom 
                subparagraph (A) applies, who was lawfully receiving 
                the distant signal of a network station on the day 
                before the date of enactment of the Satellite 
                Television Extension and Localism Act of 2009 may 
                continue to receive such distant signal until such 
                subscriber chooses to no longer receive such distant 
                signal from such carrier, whether or not such 
                subscriber elects to subscribe to local signals.'';
                            (v) in subparagraph (C)--
                                    (I) by striking ``analog'';
                                    (II) in clause (i), by striking 
                                ``the Satellite Home Viewer Extension 
                                and Reauthorization Act of 2004;'' and 
                                inserting ``the Satellite Television 
                                Extension and Localism Act of 2009;''; 
                                and
                                    (III) by amending clause (ii) to 
                                read as follows:
                            ``(ii) either--
                                    ``(I) 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, and the retransmission of 
                                such signal by such carrier can reach 
                                such subscriber; or
                                    ``(II) receives from the satellite 
                                carrier the signal of a network station 
                                affiliated with the same network that 
                                is broadcast by a local station in the 
                                market where the subscriber resides, 
                                but is not the local station's primary 
                                video.'';
                            (vi) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) Special rules for distant signals.--
                            ``(i) In general.--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 not predicted by the model 
                                specified in subsection (c)(3) of this 
                                section to receive the signal intensity 
                                required under section 73.622(e)(1) or 
                                73.683(a) of 47 of the Code of Federal 
                                Regulations, or a successor regulation, 
                                or
                                    ``(II) is in an unserved household, 
                                as determined under section 
                                119(d)(10)(A) of title 17, United 
                                States Code,
                        such subscriber is eligible to receive the 
                        signal of a distant network station affiliated 
                        with the same network under this section, 
                        subject to the provisions of this subparagraph.
                            ``(ii) Signal testing.--A subscriber shall 
                        be eligible to receive a distant signal of a 
                        distant network station affiliated with the 
                        same network under this section 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) or 
                        73.683(a) of title 47, Code of Federal 
                        Regulations.'';
                            ``(iii) Time-shifting prohibited.--In a 
                        case in which the satellite carrier makes 
                        available to an eligible subscriber under this 
                        subparagraph the signal of a local network 
                        station pursuant to section 338, the carrier 
                        may only provide the distant signal of a 
                        station affiliated with the same network to 
                        that subscriber if, in the case of any local 
                        market in the 48 contiguous States of the 
                        United States, the distant signal is the 
                        secondary transmission of a station whose prime 
                        time network programming is generally broadcast 
                        simultaneously with, or later than, the prime 
                        time network programming of the affiliate of 
                        the same network in the local market.
                            ``(iv) Savings provision.--Nothing in this 
                        subparagraph shall be construed to affect a 
                        satellite carrier's obligations under section 
                        338.''; and
                            (vii) in subparagraph (E), by striking 
                        ``distant analog signal or'' and all that 
                        follows through ``(B), or (D))'' and inserting 
                        ``distant signal''; and
            (2) in subsection (c)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Establishment of improved predictive model and on-
        location testing required.--
                    ``(A) Predictive model.--Within 180 days after the 
                date of the enactment of the Satellite Television 
                Extension and Localism Act of 2009, the Commission 
                shall take all actions necessary to develop and 
                prescribe by rule a point-to-point predictive model for 
                reliably and presumptively determining the ability of 
                individual locations, through the use of an antenna, to 
                receive signals in accordance with the signal intensity 
                standard in section 73.622(e)(1) of title 47, Code of 
                Federal Regulations, including to account for the 
                continuing operation of translator stations and low 
                power television stations. In prescribing such model, 
                the Commission shall rely on the Individual Location 
                Longley-Rice model set forth by the Commission in CS 
                Docket No. 98-201, as previously revised with respect 
                to analog signals, and as recommended by the Commission 
                with respect to digital signals in its Report to 
                Congress in ET Docket No. 05-182, FCC 05-199 (released 
                December 9, 2005). The Commission shall establish 
                procedures for the continued refinement in the 
                application of the model by the use of additional data 
                as it becomes available.
                    ``(B) On-location testing.--The Commission shall 
                issue an order completing its rulemaking proceeding in 
                ET Docket No. 06-94 within 180 days after the date of 
                enactment of the Satellite Television Extension and 
                Localism Act of 2009. In conducting such rulemaking, 
                the Commission shall seek ways to minimize consumer 
                burdens associated with on-location testing.'';
                    (B) by striking paragraph (4)(A) and inserting the 
                following:
                    ``(A) In general.--If a subscriber's request for a 
                waiver under paragraph (2) is rejected and the 
                subscriber submits to the subscriber's satellite 
                carrier a request for a test verifying the subscriber's 
                inability to receive a signal of the signal intensity 
                referenced in clause (i) of subsection (a)(2)(D), 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 the test referenced in 
                such clause. Such test shall be conducted within 30 
                days after the date the subscriber submits a request 
                for the test. If the written findings and conclusions 
                of a test conducted in accordance with such clause 
                demonstrate that the subscriber does not receive a 
                signal that meets or exceeds the requisite signal 
                intensity standard in such clause, the subscriber shall 
                not be denied the retransmission of a signal of a 
                network station under section 119 of title 17, United 
                States Code.'';
                    (C) in paragraph (4)(B), by striking ``the signal 
                intensity'' and all that follows through ``United 
                States Code'' and inserting ``such requisite signal 
                intensity standard''; and
                    (D) in paragraph (4)(E), by striking ``Grade B 
                intensity''.
    (c) Section 340.--Section 340(i) of such Act (47 U.S.C. 340(i)) is 
amended by striking paragraph (4).

SEC. 5. APPLICATION PENDING COMPLETION OF RULEMAKINGS.

    (a) In General.--Between the date of enactment of this Act and the 
adoption of rules by the Federal Communications Commission pursuant to 
the amendments to the Communications Act of 1934 made by sections 3 and 
4 of this Act, the Federal Communications Commission shall follow its 
rules and regulations promulgated pursuant to sections 338, 339, and 
340 of the Communications Act of 1934 as in effect on the day before 
the date of enactment of this Act.
    (b) Translator Stations and Low Power Television Stations.--
Notwithstanding subsection (a), for purposes of determining whether a 
subscriber within the local market served by a translator station or a 
low power television station affiliated with a television network is 
eligible to receive distant signals under section 339 of such Act, the 
Federal Communications Commission shall follow its rules and 
regulations for determining such subscriber's eligibility as in effect 
on the day before the date of enactment of this Act until the date on 
which the translator station or low power television station is 
licensed to broadcast a digital signal.
    (c) Definitions.--As used in this Act:
            (1) Local market; low power television station; satellite 
        carrier; subscriber; television broadcast station.--The terms 
        ``local market'', ``low power television station'', ``satellite 
        carrier'', ``subscriber'', and ``television broadcast station'' 
        have the meanings given such terms in section 338(k) of the 
        Communications Act of 1934.
            (2) Network station; television network.--The terms 
        ``network station'' and ``television network'' have the 
        meanings given such terms in section 339(d) of such Act.

SEC. 6. SAVINGS CLAUSE REGARDING DEFINITIONS.

    Nothing in this Act or the amendments made by this Act shall be 
construed to affect the definitions of ``program related'' and 
``primary video'' in the Communications Act of 1934 or in any 
regulations promulgated pursuant to such Act by the Federal 
Communications Commission.

SEC. 7. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL 
              SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.

    (a) In General.--Section 338(a) of the Communications Act of 1934 
(47 U.S.C. 338(a)) is amended by adding at the end the following new 
paragraph:
            ``(5) Nondiscrimination in carriage of high definition 
        signals of noncommercial educational television stations.--
                    ``(A) Existing carriage of high definition 
                signals.--Each eligible satellite carrier providing, 
                under section 122 of title 17, United States Code, any 
                secondary transmissions in high definition to 
                subscribers located within the local market of a 
                television broadcast station of a primary transmission 
                made by that station prior to the date of enactment of 
                the Satellite Television Extension and Localism Act of 
                2009 shall carry the high definition signals of 
                qualified noncommercial educational television stations 
                located within that local market in accordance with the 
                following schedule:
                            ``(i) By December 31, 2010, in at least 50 
                        percent of the markets in which such satellite 
                        carrier provides such secondary transmissions 
                        in high definition.
                            ``(ii) By December 31, 2011, in every 
                        market in which such satellite carrier provides 
                        such secondary transmissions in high 
                        definition.
                    ``(B) New initiation of service.--Each eligible 
                satellite carrier that initiates the provision, under 
                section 122 of title 17, United States Code, of any 
                secondary transmissions in high definition to 
                subscribers located within the local market of a 
                television broadcast station of a primary transmission 
                made by that station after the date of enactment of the 
                Satellite Television Extension and Localism Act of 2009 
                shall carry the high definition signals of all 
                qualified noncommercial educational television stations 
                located within that local market.''.
    (b) Definitions.--Section 338(k) of such Act (47 U.S.C. 338(k)) is 
amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Eligible satellite carrier.--The term `eligible 
        satellite carrier' means any satellite carrier that is not a 
        party to a carriage contract with a qualified noncommercial 
        educational television station or its representative that--
                    ``(A) governs carriage of more than 30 such 
                stations; and
                    ``(B) is in force and effect as of the date of 
                enactment of the Satellite Television Extension and 
                Localism Act of 2009.'';
            (3) by redesignating paragraphs (6) through (9) (as 
        previously redesignated) as paragraphs (7) through (10), 
        respectively; and
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following new paragraph:
            ``(6) Qualified noncommercial educational television 
        station.--The term `qualified noncommercial educational 
        television station' has the meaning given such term in section 
        615(l)(1) of this Act.''.

SEC. 8. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING 
              MODIFICATIONS.

    (a) Study.--The Comptroller General shall conduct a study that 
analyzes and evaluates the changes to the carriage requirements 
currently imposed on multichannel video programming distributors under 
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
regulations promulgated by the Federal Communications Commission that 
would be required or beneficial to consumers, and such other matters as 
the Comptroller General deems appropriate, if Congress implemented a 
phase-out of the current statutory licensing requirements set forth 
under sections 111, 119, and 122 of title 17, United States Code. Among 
other things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer prices 
and access to programming.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Comptroller General shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce the results of the 
study, including any recommendations for legislative or administrative 
actions.

SEC. 9. LOCAL NETWORK CHANNEL BROADCAST REPORTS.

    (a) In General.--Beginning 6 months after the date of enactment of 
this Act, each satellite carrier shall submit a report to the Federal 
Communications Commission setting forth--
            (1) each local market in which it provides signals of 1 or 
        more network stations licensed to provide signals in that 
        market;
            (2) detailed information regarding the use of satellite 
        capacity for the provision of local signals into local markets;
            (3) each local market in which it has commenced providing 
        such signals in the 6-month period covered by the report; and
            (4) each local market in which it has ceased to provide 
        such signals in the 6-month period covered by the report.
    (b) FCC Study.--As soon as practicable after the date of enactment 
of this Act, the Federal Communications Commission shall initiate a 
study of--
            (1) incentives that would induce a satellite carrier to 
        provide the signals of 1 or more television stations licensed 
        to provide signals in local markets in which the satellite 
        carrier does not provide such signals; and
            (2) the economic and satellite capacity conditions 
        affecting delivery of local signals by satellite carriers to 
        these markets.
    (c) Report.--Within 1 year after the date of enactment of this Act, 
the Commission shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Energy and Commerce containing its findings, conclusions, 
and recommendations.
    (d) Definitions.--In this section, the terms ``local market'', 
``network station'', ``satellite carrier'', and ``television network'' 
have the meaning given such terms in section 339(d) of the 
Communications Act of 1934 (47 U.S.C. 339(d)).

SEC. 10. STATE PUBLIC AFFAIRS BROADCASTS.

    Section 335(b) of the Communications Act of 1934 (47 U.S.C. 335(b)) 
is amended--
            (1) by inserting ``State Public Affairs,'' after 
        ``Educational,'' in the heading;
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Channel capacity required.--
                    ``(A) Except as provided in subparagraph (B), the 
                Commission shall require, as a condition of any 
                provision, initial authorization, or authorization 
                renewal for a provider of direct broadcast satellite 
                service providing video programming, that the provider 
                of such service reserve a portion of its channel 
                capacity, equal to not less than 4 percent nor more 
                than 7 percent, exclusively for noncommercial 
                programming of an educational or informational nature.
                    ``(B) The Commission shall require, as a condition 
                of any provision, initial authorization, or 
                authorization renewal for a qualified satellite 
                provider of direct broadcast satellite service 
                providing video programming, that such provider reserve 
                a portion of its channel capacity, equal to not less 
                than 3.5 percent nor more than 7 percent, exclusively 
                for noncommercial programming of an educational or 
                informational nature.''; and
            (3) by adding at the end of paragraph (5) the following:
                    ``(C) The term `qualified satellite provider' means 
                any provider of direct broadcast satellite service 
                that--
                            ``(i) provides the retransmission of the 
                        State public affairs networks of at least 15 
                        different States;
                            ``(ii) offers the programming of State 
                        public affairs networks upon reasonable prices, 
                        terms, and conditions as determined by the 
                        Commission under paragraph (4) of this 
                        subsection; and
                            ``(iii) does not delete any noncommercial 
                        programming of an educational or informational 
                        nature in connection with the carriage of a 
                        State public affairs network.
                    ``(D) The term `State public affairs network' means 
                a non-commercial non-broadcast network or a 
                noncommercial educational television station--
                            ``(i) whose programming consists of 
                        information about State government 
                        deliberations and public policy events; and
                            ``(ii) that is operated by--
                                    ``(I) a State government;
                                    ``(II) an organization described in 
                                section 501(c)(3) of the Internal 
                                Revenue Code of 1986 that is exempt 
                                from taxation under section 501(a) of 
                                such Code and that is governed by an 
                                independent board of directors; or
                                    ``(III) a cable system.''.

SEC. 11. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provisions 
to any person or circumstance shall not be affected thereby.
                                                       Calendar No. 709

111th CONGRESS

  2d Session

                                S. 2764

_______________________________________________________________________

                                 A BILL

To reauthorize the Satellite Home Viewer Extension and Reauthorization 
                  Act of 2004, and for other purposes.

_______________________________________________________________________

                           December 17, 2010

                       Reported with an amendment