
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-553 Section 1(a)(2)[1008]]
[CITE: 47USC339]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 339. Carriage of distant television stations by satellite 
        carriers
        

(a) Provisions relating to carriage of distant signals

                       (1) Carriage permitted

        (A) In general

            Subject to section 119 of title 17, any satellite carrier 
        shall be permitted to provide the signals of no more than two 
        network stations in a single day for each television network to 
        any household not located within the local markets of those 
        network stations.

        (B) Additional service

            In addition to signals provided under subparagraph (A), any 
        satellite carrier may also provide service under the statutory 
        license of section 122 of title 17, to the local market within 
        which such household is located. The service provided under 
        section 122 of such title may be in addition to the two signals 
        provided under section 119 of such title.

                      (2) Penalty for violation

        Any satellite carrier that knowingly and willfully provides the 
    signals of television stations to subscribers in violation of this 
    subsection shall be liable for a forfeiture penalty under section 
    503 of this title in the amount of $50,000 for each violation or 
    each day of a continuing violation.

(b) Extension of network nonduplication, syndicated exclusivity, and 
        sports blackout to satellite retransmission

                    (1) Extension of protections

        Within 45 days after November 29, 1999, the Commission shall 
    commence a single rulemaking proceeding to establish regulations 
    that--
            (A) apply network nonduplication protection (47 CFR 76.92) 
        syndicated exclusivity protection (47 CFR 76.151), and sports 
        blackout protection (47 CFR 76.67) to the retransmission of the 
        signals of nationally distributed superstations by satellite 
        carriers to subscribers; and
            (B) to the extent technically feasible and not economically 
        prohibitive, apply sports blackout protection (47 CFR 76.67) to 
        the retransmission of the signals of network stations by 
        satellite carriers to subscribers.

                       (2) Deadline for action

        The Commission shall complete all actions necessary to prescribe 
    regulations required by this section so that the regulations shall 
    become effective within 1 year after November 29, 1999.

(c) Eligibility for retransmission

         (1) Signal standard for satellite carrier purposes

        For the purposes of identifying an unserved household under 
    section 119(d)(10) of title 17, within 1 year after November 29, 
    1999, the Commission shall conclude an inquiry to evaluate all 
    possible standards and factors for determining eligibility for 
    retransmissions of the signals of network stations, and, if 
    appropriate--
            (A) recommend modifications to the Grade B intensity 
        standard for analog signals set forth in section 73.683(a) of 
        its regulations (47 CFR 73.683(a)), or recommend alternative 
        standards or factors for purposes of determining such 
        eligibility; and
            (B) make a further recommendation relating to an appropriate 
        standard for digital signals.

                             (2) Waivers

        A subscriber who is denied the retransmission of a signal of a 
    network station under section 119 of title 17 may request a waiver 
    from such denial by submitting a request, through such subscriber's 
    satellite carrier, to the network station asserting that the 
    retransmission is prohibited. The network station shall accept or 
    reject a subscriber's request for a waiver within 30 days after 
    receipt of the request. The subscriber shall be permitted to receive 
    such retransmission under section 119(d)(10)(B) of title 17, if such 
    station agrees to the waiver request and files with the satellite 
    carrier a written waiver with respect to that subscriber allowing 
    the subscriber to receive such retransmission. If a television 
    network station fails to accept or reject a subscriber's request for 
    a waiver within the 30-day period after receipt of the request, that 
    station shall be deemed to agree to the waiver request and have 
    filed such written waiver.

       (3) Establishment of improved predictive model required

        Within 180 days after November 29, 1999, the Commission shall 
    take all actions necessary, including any reconsideration, to 
    develop and prescribe by rule a point-to-point predictive model for 
    reliably and presumptively determining the ability of individual 
    locations to receive signals in accordance with the signal intensity 
    standard in effect under section 119(d)(10)(A) of title 17. In 
    prescribing such model, the Commission shall rely on the Individual 
    Location Longley-Rice model set forth by the Federal Communications 
    Commission in Docket No. 98-201 and ensure that such model takes 
    into account terrain, building structures, and other land cover 
    variations. The Commission shall establish procedures for the 
    continued refinement in the application of the model by the use of 
    additional data as it becomes available.

                     (4) Objective verification

        (A) In general

            If a subscriber's request for a waiver under paragraph (2) 
        is rejected and the subscriber submits to the subscriber's 
        satellite carrier a request for a test verifying the 
        subscriber's inability to receive a signal that meets the signal 
        intensity standard in effect under section 119(d)(10)(A) of 
        title 17, the satellite carrier and the network station or 
        stations asserting that the retransmission is prohibited with 
        respect to that subscriber shall select a qualified and 
        independent person to conduct a test in accordance with section 
        73.686(d) of its regulations (47 CFR 73.686(d)), or any 
        successor regulation. Such test shall be conducted within 30 
        days after the date the subscriber submits a request for the 
        test. If the written findings and conclusions of a test 
        conducted in accordance with such section (or any successor 
        regulation) demonstrate that the subscriber does not receive a 
        signal that meets or exceeds the signal intensity standard in 
        effect under section 119(d)(10)(A) of title 17, the subscriber 
        shall not be denied the retransmission of a signal of a network 
        station under section 119 of title 17.

        (B) Designation of tester and allocation of costs

            If the satellite carrier and the network station or stations 
        asserting that the retransmission is prohibited are unable to 
        agree on such a person to conduct the test, the person shall be 
        designated by an independent and neutral entity designated by 
        the Commission by rule. Unless the satellite carrier and the 
        network station or stations otherwise agree, the costs of 
        conducting the test under this paragraph shall be borne by the 
        satellite carrier, if the station's signal meets or exceeds the 
        signal intensity standard in effect under section 119(d)(10)(A) 
        of title 17, or by the network station, if its signal fails to 
        meet or exceed such standard.

        (C) Avoidance of undue burden

            Commission regulations prescribed under this paragraph shall 
        seek to avoid any undue burden on any party.

(d) Definitions

    For the purposes of this section:

                          (1) Local market

        The term ``local market'' has the meaning given that term under 
    section 122(j) of title 17.

               (2) Nationally distributed superstation

        The term ``nationally distributed superstation'' means a 
    television broadcast station, licensed by the Commission, that--
            (A) is not owned or operated by or affiliated with a 
        television network that, as of January 1, 1995, offered 
        interconnected program service on a regular basis for 15 or more 
        hours per week to at least 25 affiliated television licensees in 
        10 or more States;
            (B) on May 1, 1991, was retransmitted by a satellite carrier 
        and was not a network station at that time; and
            (C) was, as of July 1, 1998, retransmitted by a satellite 
        carrier under the statutory license of section 119 of title 17.

                         (3) Network station

        The term ``network station'' has the meaning given such term 
    under section 119(d) of title 17.

                        (4) Satellite carrier

        The term ``satellite carrier'' has the meaning given such term 
    under section 119(d) of title 17.

                       (5) Television network

        The term ``television network'' means a television network in 
    the United States which offers an interconnected program service on 
    a regular basis for 15 or more hours per week to at least 25 
    affiliated broadcast stations in 10 or more States.

(June 19, 1934, ch. 652, title III, Sec. 339, as added Pub. L. 106-113, 
div. B, Sec. 1000(a)(9) [title I, Sec. 1008(a)], Nov. 29, 1999, 113 
Stat. 1536, 1501A-534.)

                  Section Referred to in Other Sections

    This section is referred to in section 325 of this title; title 17 
section 119.
