In addition to the remedies available to television broadcast stations under section 501(f) of title 17, the Commission may use the Commission's authority under this chapter to assure compliance with the obligations of this subsection, but in no instance shall a Commission enforcement proceeding be required as a predicate to the pursuit of a remedy available under such section 501(f).
No low power television station whose signals are provided under section 119(a)(14) 1 of title 17 shall be entitled to insist on carriage under this section, regardless of whether the satellite carrier provides secondary transmissions of the primary transmissions of other stations in the same local market pursuant to section 122 of such title, nor shall any such carriage be considered in connection with the requirements of subsection (c) of this section.
A satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers shall (A) within 1 year after December 8, 2004, retransmit the signals originating as analog signals of each television broadcast station located in any local market within a State that is not part of the contiguous United States, and (B) within 30 months after December 8, 2004, retransmit the signals originating as digital signals of each such station. The retransmissions of such stations shall be made available to substantially all of the satellite carrier's subscribers in each station's local market, and the retransmissions of the stations in at least one market in the State shall be made available to substantially all of the satellite carrier's subscribers in areas of the State that are not within a designated market area. The cost to subscribers of such retransmissions shall not exceed the cost of retransmissions of local television stations in other States. Within 1 year after December 8, 2004, the Commission shall promulgate regulations concerning elections by television stations in such State between mandatory carriage pursuant to this section and retransmission consent pursuant to section 325(b) of this title, which shall take into account the schedule on which local television stations are made available to viewers in such State.
(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 format.
(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition format.
No satellite carrier shall be required to provide the signal of a local television broadcast station to subscribers in that station's local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local television broadcast stations to subscribers in the stations' local market on contiguous channels and provide access to such station's signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu.
(ii) fails to respond within such 60 days, terminate the distant network signal within 10 days after the end of such 60-day period.
(iv) that failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under section 325 of this title.
(E) the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations.
(ii) detect unauthorized reception of satellite communications.
(iv) to a government entity as authorized under chapter 119, 121, or 206 of title 18, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier.
(B) the subject of the information is afforded the opportunity to appear and contest such entity's claim.
The term "distributor" means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.
(B) is in force and effect within 150 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010.
The term "local receive facility" means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.
The term "local market" has the meaning given that term under section 122(j) of title 17.
The term "low power television station" means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term "low power television station" includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.
(B) has as its licensee an entity that is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of this title.
The term "satellite carrier" has the meaning given such term under section 119(d) of title 17.
The term "secondary transmission" has the meaning given such term in section 119(d) of title 17.
The term "subscriber" has the meaning given that term under section 122(j) of title 17.
The term "television broadcast station" has the meaning given such term in section 325(b)(7) of this title.
Following a written request, the Commission may, with respect to a particular commercial television broadcast station, include additional communities within its local market or exclude communities from such station's local market to better effectuate the purposes of this section.
No modification of a commercial television broadcast station's local market pursuant to this subsection shall have any effect on the eligibility of households in the community affected by such modification to receive distant signals pursuant to section 339 of this title, notwithstanding subsection (h)(1) of this section.
This chapter, referred to in subsec. (a)(2), was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064 , known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Section 119(a)(14) of title 17, referred to in subsec. (a)(3), was redesignated as section 119(a)(13) of title 17 by Pub. L. 111–175, title I, §102(h)(1)(B), May 27, 2010, 124 Stat. 1224 . However, provision relating to signals of low power television station was section 119(a)(15) of title 17, which was repealed by section 102(h)(1)(C) of Pub. L. 111–175.
2014-Subsec. (l). Pub. L. 113–200 added subsec. (l).
2010-Subsec. (a)(3). Pub. L. 111–175, §204(a)(1), struck out par. (3) relating to effective date. Text read as follows: "No satellite carrier shall be required to carry local television broadcast stations under paragraph (1) until January 1, 2002."
Subsec. (a)(5). Pub. L. 111–175, §207(a), added par. (5).
Subsec. (g). Pub. L. 111–175, §204(a)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to carriage of local stations on a single dish.
Subsec. (k)(2) to (5). Pub. L. 111–175, §207(b)(1), (2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6).
Subsec. (k)(6). Pub. L. 111–175, §207(b)(4), added par. (6). Former par. (6) redesignated (7).
Pub. L. 111–175, §207(b)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (k)(7) to (9). Pub. L. 111–175, §207(b)(3), redesignated pars. (6) to (8) as (7) to (9), respectively. Former par. (9) redesignated (10).
Pub. L. 111–175, §207(b)(1), redesignated pars. (6) to (8) as (7) to (9), respectively.
Subsec. (k)(10). Pub. L. 111–175, §207(b)(3), redesignated par. (9) as (10).
2004-Subsec. (a)(1) to (3). Pub. L. 108–447, §203(b)(1), added pars. (1) and (2) and the par. (3) relating to low power station carriage and struck out former pars. (1) and (2) which required each satellite carrier providing secondary transmissions within the local market of a television broadcast station of a primary transmission made by that station to carry upon request the signals of all television broadcast stations within that local market and provided for remedies for failure to carry.
Subsec. (a)(4). Pub. L. 108–447, §210, added par. (4).
Subsec. (c)(1). Pub. L. 108–447, §203(b)(2), substituted "subsection (a)(1)" for "subsection (a)".
Subsecs. (g), (h). Pub. L. 108–447, §§203(a)(2), 205, added subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (j) and (k), respectively.
Subsec. (i). Pub. L. 108–447, §206(a), added subsec. (i).
Subsec. (j). Pub. L. 108–447, §203(a)(1), redesignated subsec. (g) as (j).
Subsec. (k). Pub. L. 108–447, §203(a)(1), redesignated subsec. (h) as (k).
Subsec. (k)(4) to (8). Pub. L. 108–447, §203(b)(3), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), respectively.
Pub. L. 108–447, div. J, title IX [title II, §206(b)], Dec. 8, 2004, 118 Stat. 3428 , provided that: "Section 338(i) of the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section shall be effective 60 days after the date of enactment of this Act [Dec. 8, 2004]."
"(2) the factors that the Commission takes into account when responding to a petition described in paragraph (1)."
"(1) Deadline for regulations.-Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall promulgate regulations to implement this section [amending this section and section 534 of this title and enacting provisions set out as notes under this section] and the amendments made by this section.
"(2) Matters for consideration.-As part of the rulemaking required by paragraph (1), the Commission shall ensure that procedures for the filing and consideration of a written request under sections 338(l) and 614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 338(l); 534(h)(1)(C)) fully effectuate the purposes of the amendments made by this section, and update what it considers to be a community for purposes of a modification of a market under section 338(l) or 614(h)(1)(C) of the Communications Act of 1934."
"(B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
"(2) Termination.-The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph.
"(2) the term 'television broadcast station' has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7))."
"(a) In General.-During the period beginning on the date of the enactment of this Act [deemed to refer to Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of Title 17, Copyrights] and ending on the date on which the Federal Communications Commission adopts rules pursuant to the amendments to the Communications Act of 1934 made by section 203 and section 204 of this title [amending this section and sections 339 and 340 of this title], the Federal Communications Commission shall follow its rules and regulations promulgated pursuant to sections 338, 339, and 340 of the Communications Act of 1934 [47 U.S.C. 338 to 340] as in effect on the day before the date of the 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 the Communications Act of 1934, the rules and regulations of the Federal Communications Commission for determining such subscriber's eligibility as in effect on the day before the date of the enactment of this Act shall apply until the date on which the translator station or low power television station is licensed to broadcast a digital signal.
"(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 [47 U.S.C. 338(k)].
"(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 [47 U.S.C. 339(d)]."
"In this title [enacting provisions set out as notes under section 111 of Title 17, Copyrights], the term 'appropriate Congressional committees' means the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate and the Committees on the Judiciary and on Energy and Commerce of the House of Representatives.
"SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
"(B) the economic and satellite capacity conditions affecting delivery of local signals by satellite carriers to these markets.
"(2) Report.-Within 1 year after the date of the initiation of the study under paragraph (1), the Federal Communications Commission shall submit a report to the appropriate Congressional committees containing its findings, conclusions, and recommendations.
"(2) the term 'television broadcast station' has the meaning given such term in section 325(b)(7) of such Act (47 U.S.C. 325(b)(7))."
"This title may be cited as the 'Rural Local Broadcast Signal Act'.
"SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED MARKETS.
"(a) In General.-Not later than 1 year after the date of the enactment of this Act [Nov. 29, 1999], the Federal Communications Commission ('the Commission') shall take all actions necessary to make a determination regarding licenses or other authorizations for facilities that will utilize, for delivering local broadcast television station signals to satellite television subscribers in unserved and underserved local television markets, spectrum otherwise allocated to commercial use.
"(1) Form of business.-To the extent not inconsistent with the Communications Act of 1934 [47 U.S.C. 151 et seq.] and the Commission's rules, the Commission shall permit applicants under subsection (a) to engage in partnerships, joint ventures, and similar operating arrangements for the purpose of carrying out subsection (a).
"(2) Harmful interference.-The Commission shall ensure that no facility licensed or authorized under subsection (a) causes harmful interference to the primary users of that spectrum or to public safety spectrum use.
"(3) Limitation on commission.-Except as provided in paragraphs (1) and (2), the Commission may not restrict any entity granted a license or other authorization under subsection (a) from using any reasonable compression, reformatting, or other technology.
"(3) recommendations for specific measures to facilitate the provision of local signals to subscribers in unserved and underserved markets by direct-to-home satellite television providers and by other distributors of multichannel video programming service."
2 So in original. Probably should be followed by "to".