Title 47 — Telecommunications
Part I · Chapter 5 — Wire or Radio Communication
§ 339. Carriage of distant television stations by satellite carriers
Statutory text
Provisions relating to carriage of distant signals
Carriage permitted
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.
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.
Replacement of distant signals with local signals
Notwithstanding any other provision of paragraph (1), the following rules shall apply after :
Rules for grandfathered subscribers
For those receiving distant signals
In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station solely by reason of section 119(e) 1 of title 17 (in this subparagraph referred to as a “distant signal”), and who, as of , is receiving the distant signal of that network station, the following shall apply:
In a case in which the satellite carrier makes available to the subscriber the signal of a local network station affiliated with the same television network pursuant to section 338 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber—
if, within 60 days after receiving the notice of the satellite carrier under section 338(h)(1) of this title, the subscriber elects to retain the distant signal; but
only until such time as the subscriber elects to receive such local signal.
Notwithstanding subclause (I), the carrier may not retransmit the distant signal to any subscriber who is eligible to receive the signal of a network station solely by reason of section 119(e) 1 of title 17, unless such carrier, within 60 days after , submits to that television network the list and statement required by subparagraph (F)(i).
For those not receiving distant signals
In the case of any subscriber of a satellite carrier who is eligible to receive the distant signal of a network station solely by reason of section 119(e) 1 of title 17 and who did not receive a distant signal of a station affiliated with the same network on , the carrier may not provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber.
Rules for other subscribers
In general
In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under this section (in this subparagraph referred to as a “distant signal”), other than subscribers to whom subparagraph (A) applies, the following shall apply:
In a case in which the satellite carrier makes available to that subscriber, on , the signal of a local network station affiliated with the same television network pursuant to section 338 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if the subscriber’s satellite carrier, not later than , submits to that television network the list and statement required by subparagraph (F)(i).
In a case in which the satellite carrier does not make available to that subscriber, on , the signal of a local network station pursuant to section 338 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if—
that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry pursuant to section 338 of this title the signals of stations from the local market of such local network station; and
the satellite carrier, within 60 days after such date, submits to each television network the list and statement required by subparagraph (F)(ii).
Special circumstances
A subscriber of a satellite carrier 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 2010 may receive both such distant signal and the local signal of a network station affiliated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal.
Future applicability
A satellite carrier may not provide a distant signal (within the meaning of subparagraph (A) or (B)) to a person who—
is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, 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 of this title (and the retransmission of such signal by such carrier can reach such subscriber); or
lawfully subscribes to and receives a distant signal on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, and, subsequent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affiliated with the same network as the distant signal (and the retransmission of such signal by such carrier can reach such subscriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available.
Special rules for distant signals
Eligibility and signal testing
A subscriber of a satellite carrier shall be eligible to receive a distant signal of a network station affiliated with the same network under this section if, with respect to a local network station, such subscriber—
is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal intensity required under section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation;
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, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor regulation; or
is in an unserved household, as determined under section 119(d)(10)(A) 1 of title 17.
Pre-enactment distant signal subscribers
Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant signal as of the date of enactment of the Satellite Television Extension and Localism Act of 2010 may continue to receive such distant signal.
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 of this title, 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.
Savings provision
Nothing in this subparagraph shall be construed to affect a satellite carrier’s obligations under section 338 of this title.
Authority to grant station-specific waivers
This paragraph shall not prohibit a retransmission of a distant signal of any distant network station to any subscriber to whom the signal of a local network station affiliated with the same network is available, if and to the extent that such local network station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with respect to retransmission of such distant network station to such subscriber.
Notices to networks of distant signal subscribers
Within 60 days after , each satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (A) or (B)(i) of this paragraph shall submit to each network—
a list, aggregated by designated market area, identifying each subscriber provided such a signal by—
name;
address (street or rural route number, city, State, and zip code); and
the distant network signal or signals received; and
a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (A) or (B)(i) of this paragraph.
Within 60 days after the date a satellite carrier commences to carry pursuant to section 338 of this title the signals of stations from a local market, such a satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (B)(ii) of this paragraph shall submit to each network—
a list identifying each subscriber in that local market provided such a signal by—
name;
address (street or rural route number, city, State, and zip code); and
the distant network signal or signals received; and
a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (B)(ii) of this paragraph.
Other provisions not affected
This paragraph shall not affect the eligibility of a subscriber to receive secondary transmissions under section 340 of this title or as an unserved household included under section 119(a)(12) 1 of title 17.
Available defined
For purposes of this paragraph, a satellite carrier makes available a local signal to a subscriber or person if the satellite carrier offers that local signal to other subscribers who reside in the same zip code as that subscriber or person.
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, except that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the provisions of section 340(f) of this title.
Extension of network nonduplication, syndicated exclusivity, and sports blackout to satellite retransmission
Extension of protections
Within 45 days after , the Commission shall commence a single rulemaking proceeding to establish regulations that—
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
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.
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 .
Eligibility for retransmission
Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(7), , 132 Stat. 1090
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) 1 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.
Establishment of improved predictive model and on-location testing required
Predictive model
Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall 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, or a successor regulation, 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 ). 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.
On-location testing
The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.
Objective verification
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(d)(10)(A) 1 of title 17.
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 such requisite signal intensity standard, or by the network station, if its signal fails to meet or exceed such standard.
Avoidance of undue burden
Commission regulations prescribed under this paragraph shall seek to avoid any undue burden on any party.
Reduction of verification burdens
Within 1 year after , the Commission shall by rule exempt from the verification requirements of subparagraph (A) any request for a test made by a subscriber to a satellite carrier to whom the retransmission of the signals of local broadcast stations is available under section 338 of this title from such carrier.
Exception
A satellite carrier may refuse to engage in the testing process. If the carrier does so refuse, a subscriber in a local market in which the satellite carrier does not offer the signals of local broadcast stations under section 338 of this title may, at his or her own expense, authorize a signal intensity test to be performed pursuant to the procedures specified by the Commission in section 73.686(d) of title 47, Code of Federal Regulations, by a tester who is approved by the satellite carrier and by each affected network station, or who has been previously approved by the satellite carrier and by each affected network station but not previously disapproved. A tester may not be so disapproved for a test after the tester has commenced such test. The tester shall give 5 business days advance written notice to the satellite carrier and to the affected network station or stations. A signal intensity test conducted in accordance with this subparagraph shall be determinative of the signal strength received at that household for purposes of determining whether the household is capable of receiving a signal.
Definition
Notwithstanding subsection (d)(4), for purposes of paragraphs (2) and (4) of this subsection, the term “satellite carrier” includes a distributor (as defined in section 119(d)(1) of title 17), but only if the satellite distributor’s relationship with the subscriber includes billing, collection, service activation, and service deactivation.
Definitions
For the purposes of this section:
Local market
The term “local market” has the meaning given that term under section 122(j) of title 17.
Nationally distributed superstation
The term “nationally distributed superstation” means a television broadcast station, licensed by the Commission, that—
is not owned or operated by or affiliated with a television network that, as of , 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;
on , was retransmitted by a satellite carrier and was not a network station at that time; and
was, as of , retransmitted by a satellite carrier under the statutory license of section 119 of title 17.
Network station
The term “network station” has the meaning given such term under section 119(d) of title 17.
Satellite carrier
The term “satellite carrier” has the meaning given such term under section 119(d) of title 17.
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.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(9)(tI)(s1008)(a) · 113 Stat. 1501
Enacted · 47 U.S.C. § 339
June 19, 1934, ch. 652, title III, § 339, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–534
Source evidence
Code source credit
June 19, 1934, ch. 652, title III, § 339, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–534Pub. L. 106–553 § 1(a)(2)(tX)(s1001) · 114 Stat. 2762
Added · 47 U.S.C. § 339(c)(5)
Pub. L. 106–553 added par. (5)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 106–553 added par. (5).Enacted provision · exact public law section
(2) H.R. 5548, as introduced on October 25, 2000.Department of Commerce and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 204(a)(1) · 118 Stat. 2809
Inserted · 47 U.S.C. § 339(a)(1)
Pub. L. 108–447, § 204(a)(1), inserted at end “Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–447, § 204(a)(1), inserted at end “Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.”Enacted provision · exact public law section
Sec. 204. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.Department of Commerce and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 204(a)(3) · 118 Stat. 2809
Redesignated · 47 U.S.C. § 339(a)(2)
Pub. L. 108–447, § 204(a)(3), added par. (2). Former par. (2) redesignated (3)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 108–447, § 204(a)(3), added par. (2). Former par. (2) redesignated (3).Enacted provision · exact public law section
Sec. 204. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.Department of Commerce and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 204(a)(4) · 118 Stat. 2809
Inserted · 47 U.S.C. § 339(a)(3)
Pub. L. 108–447, § 204(a)(4), which directed amendment of par. (3) by inserting “, except that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the provisions of section 340(f) of this title” at end, was executed by making the insertion before period at end, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–447, § 204(a)(4), which directed amendment of par. (3) by inserting “, except that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the provisions of section 340(f) of this title” at end, was executed by making the insertion before period at end, to reflect the probable intent of Congress.Enacted provision · exact public law section
Sec. 204. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.Department of Commerce and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 204(a)(2) · 118 Stat. 2809
Redesignated · 47 U.S.C. § 339(a)(3)
Pub. L. 108–447, § 204(a)(2), redesignated par. (2) as (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 108–447, § 204(a)(2), redesignated par. (2) as (3).Enacted provision · exact public law section
Sec. 204. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.Department of Commerce and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 204(b) · 118 Stat. 2809
Added · 47 U.S.C. § 339(c)(1)
Pub. L. 108–447, § 204(b), added par. (1)
Struck · 47 U.S.C. § 339(c)(1)
Pub. L. 108–447, § 204(b), struck out heading and text of former par. (1). Text read as follows: “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—
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 108–447, § 204(b), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “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.”
Enacted provision · exact public law section
Sec. 204. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.Department of Commerce and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 209 · 118 Stat. 2809
Added · 47 U.S.C. § 339(c)(4)(D); 47 U.S.C. § 339(c)(4)(E)
Pub. L. 108–447, § 209, added subpars. (D) and (E)
Source evidence
Code amendment note
Subsec. (c)(4)(D), (E). Pub. L. 108–447, § 209, added subpars. (D) and (E).Enacted provision · exact public law section
Sec. 209. A fishing capacity Alaska. Salmon. reduction program for the Southeast Alaska purse seine fishery is authorized to be financed through a capacity reduction loan of $50,000,000 pursuant to sections 1111 and 1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to the conditions of this section. In accordance with the Federal Credit Reform Act of 1990, 2 U.S.C. 661 et seq., $500,000 is made available from funds appropriated for “Pacific Coastal Salmon Recovery” in this Act for the cost of the loan authorized by this section. The loan shall have a term of 30 years, except that the amount to be repaid in any 1 year shall not exceed 2 percent of the total value of salmon landed in the fishery and such repayment shall begin with salmon landed after January 1, 2006.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(A) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(1)
Pub. L. 111–175, § 204(b)(1)(A), which directed amendment of subpar. (B) by striking out “ ‘Such two network stations’ and all that follows through ‘more than two network stations.’ ”, was executed by striking out concluding provisions which read “Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.”, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 111–175, § 204(b)(1)(A), which directed amendment of subpar. (B) by striking out “ ‘Such two network stations’ and all that follows through ‘more than two network stations.’ ”, was executed by striking out concluding provisions which read “Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.”, to reflect the probable intent of Congress.Enacted provision · exact public law section
(A) in paragraph (1)(B), by striking “Such two network stations” and all that follows through “more than two network stations.”; andEffective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(i) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(A)
Pub. L. 111–175, § 204(b)(1)(B)(i), struck out “to analog signals” after “subscribers” in heading
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 111–175, § 204(b)(1)(B)(i), struck out “to analog signals” after “subscribers” in heading.Enacted provision · exact public law section
(i) in the heading for subparagraph (A), by striking “to analog signals”;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(ii)(I) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(A)(i)
Pub. L. 111–175, § 204(b)(1)(B)(ii)(I), (II), struck out “analog” before “signals” in heading
Substituted · 47 U.S.C. § 339(a)(2)(A)(i)
Pub. L. 111–175, § 204(b)(1)(B)(ii)(I), (II), substituted “signal” for “analog signal” wherever appearing, and, in introductory provisions
Substituted · 47 U.S.C. § 339(a)(2)(A)(i)
Pub. L. 111–175, § 204(b)(1)(B)(ii)(I), (II), substituted “October 1, 2009” for “October 1, 2004”
Source evidence
Code amendment note
Subsec. (a)(2)(A)(i). Pub. L. 111–175, § 204(b)(1)(B)(ii)(I), (II), struck out “analog” before “signals” in heading, substituted “signal” for “analog signal” wherever appearing, and, in introductory provisions, substituted “October 1, 2009” for “October 1, 2004”.Enacted provision · exact public law section
(I) in the heading for clause (i), by striking “analog”;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(ii)(III) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(A)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(ii)(III), (IV), struck out “analog” before “signals” in heading
Substituted · 47 U.S.C. § 339(a)(2)(A)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(ii)(III), (IV), substituted “signal” for “analog signal” wherever appearing in text
Substituted · 47 U.S.C. § 339(a)(2)(A)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(ii)(III), (IV), substituted “2009” for “2004”
Source evidence
Code amendment note
Subsec. (a)(2)(A)(ii). Pub. L. 111–175, § 204(b)(1)(B)(ii)(III), (IV), struck out “analog” before “signals” in heading, substituted “signal” for “analog signal” wherever appearing in text, and substituted “2009” for “2004”.Enacted provision · exact public law section
(III) in the heading for clause (ii), by striking “analog”; andEffective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(iii) · 124 Stat. 1218
Amended · 47 U.S.C. § 339(a)(2)(B)
Pub. L. 111–175, § 204(b)(1)(B)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to rules for other subscribers to analog signals
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 111–175, § 204(b)(1)(B)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to rules for other subscribers to analog signals.Enacted provision · exact public law section
(iii) by amending subparagraph (B) to read as follows: “(B) Rules for other subscribers.— “(i) In general.— In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under this section (in this subparagraph referred to as a ‘distant signal’), other than subscribers to whom subparagraph (A) applies, the following shall apply: “(I) In a case in which the satellite carrier makes available to that subscriber, on January 1, 2005, the signal of a local network station affiliated with the same television network pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if the subscriber’s satellite carrier, not later than March 1, 2005, submits to that television network the list and statement required by subparagraph (F)(i). “(II) In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the signal of a local network station pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if— “(aa) that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry pursuant to section 338 the signals of stations from the local market of such local network station; and “(bb) the satellite carrier, within 60 days after such date, submits to each television network the list and statement required by subparagraph (F)(ii). “(ii) Special circumstances.— A subscriber of a satellite carrier 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 2010 may receive both such distant signal and the local signal of a network station affiliated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal.” ;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(iv)(I) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(C)
Pub. L. 111–175, § 204(b)(1)(B)(iv)(I), which directed striking out “analog”, was executed by striking out “analog” before “signal” in introductory provisions, to reflect the probable intent of Congress and the subsequent amendment of cl. (ii) by Pub. L. 111–175, § 204(b)(1)(B)(iv)(III). See below
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 111–175, § 204(b)(1)(B)(iv)(I), which directed striking out “analog”, was executed by striking out “analog” before “signal” in introductory provisions, to reflect the probable intent of Congress and the subsequent amendment of cl. (ii) by Pub. L. 111–175, § 204(b)(1)(B)(iv)(III). See below.Enacted provision · exact public law section
(I) by striking “analog”;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(iv)(II) · 124 Stat. 1218
Substituted · 47 U.S.C. § 339(a)(2)(C)(i)
Pub. L. 111–175, § 204(b)(1)(B)(iv)(II), substituted “the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, 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 of this title (and the retransmission of such signal by such carrier can reach such subscriber); or” for “December 8, 2004; and”
Source evidence
Code amendment note
Subsec. (a)(2)(C)(i). Pub. L. 111–175, § 204(b)(1)(B)(iv)(II), substituted “the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, 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 of this title (and the retransmission of such signal by such carrier can reach such subscriber); or” for “December 8, 2004; and”.Enacted provision · exact public law section
(II) in clause (i), by striking “the Satellite Home Viewer Extension and Reauthorization Act of 2004; and” and inserting the following: “the Satellite Television Extension and Localism Act of 2010 and, 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” ; andEffective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(iv)(III) · 124 Stat. 1218
Amended · 47 U.S.C. § 339(a)(2)(C)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(iv)(III), amended cl. (ii) generally. Prior to amendment, text read as follows: “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 analog signal of a local network station affiliated with the same television network pursuant to section 338 of this title, and the retransmission of such signal by such carrier can reach such subscriber.”
Source evidence
Code amendment note
Subsec. (a)(2)(C)(ii). Pub. L. 111–175, § 204(b)(1)(B)(iv)(III), amended cl. (ii) generally. Prior to amendment, text read as follows: “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 analog signal of a local network station affiliated with the same television network pursuant to section 338 of this title, and the retransmission of such signal by such carrier can reach such subscriber.”Enacted provision · exact public law section
(III) by amending clause (ii) to read as follows: “(ii) lawfully subscribes to and receives a distant signal on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, and, subsequent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affiliated with the same network as the distant signal (and the retransmission of such signal by such carrier can reach such subscriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available.” ;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(I) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(D)
Pub. L. 111–175, § 204(b)(1)(B)(v)(I), struck out “digital” before “signals” in heading
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 111–175, § 204(b)(1)(B)(v)(I), struck out “digital” before “signals” in heading.Enacted provision · exact public law section
(I) in the heading, by striking “digital”;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(IV) · 124 Stat. 1218
Amended · 47 U.S.C. § 339(a)(2)(D)(i)
Pub. L. 111–175, § 204(b)(1)(B)(v)(IV), amended cl. (i) generally. Prior to amendment, cl. (i) related to signal testing for digital signals
Source evidence
Code amendment note
Subsec. (a)(2)(D)(i). Pub. L. 111–175, § 204(b)(1)(B)(v)(IV), amended cl. (i) generally. Prior to amendment, cl. (i) related to signal testing for digital signals.Enacted provision · exact public law section
(IV) by amending such clause (i) (as so redesignated) to read as follows: “(i) Eligibility and signal testing.— A subscriber of a satellite carrier shall be eligible to receive a distant signal of a network station affiliated with the same network under this section if, with respect to a local network station, such subscriber— “(I) is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal intensity required under section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation; “(II) 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, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor regulation; or “(III) is in an unserved household, as determined under section 119(d)(10)(A) of title 17, United States Code.” ;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(II) · 124 Stat. 1218
Redesignated · 47 U.S.C. § 339(a)(2)(D)(i)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (III), redesignated and reordered cl. (vi) as (i)
Struck · 47 U.S.C. § 339(a)(2)(D)(i)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (III), struck out former cl. (i) which related to eligibility
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (III), redesignated and reordered cl. (vi) as (i) and struck out former cl. (i) which related to eligibility.Enacted provision · exact public law section
(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(V) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(D)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(v)(V), struck out “digital” before “signal” in heading and in two places in text
Struck · 47 U.S.C. § 339(a)(2)(D)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(v)(V), struck out “, whether or not such subscriber elects to subscribe to local digital signals” before the period
Substituted · 47 U.S.C. § 339(a)(2)(D)(ii)
Pub. L. 111–175, § 204(b)(1)(B)(v)(V), substituted “Satellite Television Extension and Localism Act of 2010” for “Satellite Home Viewer Extension and Reauthorization Act of 2004”
Source evidence
Code amendment note
Subsec. (a)(2)(D)(ii). Pub. L. 111–175, § 204(b)(1)(B)(v)(V), struck out “digital” before “signal” in heading and in two places in text, struck out “, whether or not such subscriber elects to subscribe to local digital signals” before the period, and substituted “Satellite Television Extension and Localism Act of 2010” for “Satellite Home Viewer Extension and Reauthorization Act of 2004”.Enacted provision · exact public law section
(V) in clause (ii)— (aa) by striking “digital” in the heading; (bb) by striking “digital” the first two places such term appears; (cc) by striking “Satellite Home Viewer Extension and Reauthorization Act of 2004” and inserting “Satellite Television Extension and Localism Act of 2010”; and (dd) by striking “, whether or not such subscriber elects to subscribe to local digital signals”;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(II) · 124 Stat. 1218
Added · 47 U.S.C. § 339(a)(2)(D)(iii)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VI), added cl. (iii)
Struck · 47 U.S.C. § 339(a)(2)(D)(iii)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VI), struck out former cl. (iii) which related to local-to-local analog markets
Source evidence
Code amendment note
Subsec. (a)(2)(D)(iii). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VI), added cl. (iii) and struck out former cl. (iii) which related to local-to-local analog markets.Enacted provision · exact public law section
(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(II) · 124 Stat. 1218
Redesignated · 47 U.S.C. § 339(a)(2)(D)(iv)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VII), redesignated cl. (x) as (iv)
Struck · 47 U.S.C. § 339(a)(2)(D)(iv)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VII), struck out former cl. (iv) which related to local-to-local digital markets
Source evidence
Code amendment note
Subsec. (a)(2)(D)(iv). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VII), redesignated cl. (x) as (iv) and struck out former cl. (iv) which related to local-to-local digital markets.Enacted provision · exact public law section
(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(II) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(D)(v)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (v) which related to non-local-to-local markets
Source evidence
Code amendment note
Subsec. (a)(2)(D)(v). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (v) which related to non-local-to-local markets.Enacted provision · exact public law section
(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(III) · 124 Stat. 1218
Redesignated · 47 U.S.C. § 339(a)(2)(D)(vi)
Pub. L. 111–175, § 204(b)(1)(B)(v)(III), redesignated cl. (vi) as (i)
Source evidence
Code amendment note
Subsec. (a)(2)(D)(vi). Pub. L. 111–175, § 204(b)(1)(B)(v)(III), redesignated cl. (vi) as (i).Enacted provision · exact public law section
(III) by redesignating clause (vi) as clause (i) and transferring such clause to appear before clause (ii);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(II) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(D)(vii)(ix)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cls. (vii) to (ix) which related to trigger events for use of testing, testing waivers, and a special waiver provision for translators, respectively
Source evidence
Code amendment note
Subsec. (a)(2)(D)(vii) to (ix). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cls. (vii) to (ix) which related to trigger events for use of testing, testing waivers, and a special waiver provision for translators, respectively.Enacted provision · exact public law section
(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(VII) · 124 Stat. 1218
Redesignated · 47 U.S.C. § 339(a)(2)(D)(x)
Pub. L. 111–175, § 204(b)(1)(B)(v)(VII), redesignated cl. (x) as (iv)
Source evidence
Code amendment note
Subsec. (a)(2)(D)(x). Pub. L. 111–175, § 204(b)(1)(B)(v)(VII), redesignated cl. (x) as (iv).Enacted provision · exact public law section
(VII) by redesignating clause (x) as clause (iv); andEffective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(v)(II) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(a)(2)(D)(xi)
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (xi) which defined “emergency response providers”
Source evidence
Code amendment note
Subsec. (a)(2)(D)(xi). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (xi) which defined “emergency response providers”.Enacted provision · exact public law section
(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(1)(B)(vi) · 124 Stat. 1218
Substituted · 47 U.S.C. § 339(a)(2)(E)
Pub. L. 111–175, § 204(b)(1)(B)(vi), substituted “distant signal” for “distant analog signal or distant digital signal (within the meaning of subparagraph (A), (B), or (D))”
Source evidence
Code amendment note
Subsec. (a)(2)(E). Pub. L. 111–175, § 204(b)(1)(B)(vi), substituted “distant signal” for “distant analog signal or distant digital signal (within the meaning of subparagraph (A), (B), or (D))”.Enacted provision · exact public law section
(vi) in subparagraph (E), by striking “distant analog signal or” and all that follows through “(B), or (D))” and inserting “distant signal”;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(2)(A) · 124 Stat. 1218
Amended · 47 U.S.C. § 339(c)(3)
Pub. L. 111–175, § 204(b)(2)(A), amended par. (3) generally. Prior to amendment, text read as follows: “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.”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 111–175, § 204(b)(2)(A), amended par. (3) generally. Prior to amendment, text read as follows: “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.”Enacted provision · exact public law section
(A) by amending paragraph (3) to read as follows: “(3) Establishment of improved predictive model and on-location testing required.— “(A) Predictive model.— Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall 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, or a successor regulation, 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). Procedures. 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 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.” ;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(2)(B) · 124 Stat. 1218
Amended · 47 U.S.C. § 339(c)(4)(A)
Pub. L. 111–175, § 204(b)(2)(B), amended subpar. (A) generally. Prior to amendment, text read as follows: “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.”
Source evidence
Code amendment note
Subsec. (c)(4)(A). Pub. L. 111–175, § 204(b)(2)(B), amended subpar. (A) generally. Prior to amendment, text read as follows: “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.”Enacted provision · exact public law section
(B) by amending paragraph (4)(A) to read as follows: “(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. Deadline. 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(d)(10)(A) of title 17, United States Code.” ;Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(2)(C) · 124 Stat. 1218
Substituted · 47 U.S.C. § 339(c)(4)(B)
Pub. L. 111–175, § 204(b)(2)(C), substituted “such requisite signal intensity standard” for “the signal intensity standard in effect under section 119(d)(10)(A) of title 17”
Source evidence
Code amendment note
Subsec. (c)(4)(B). Pub. L. 111–175, § 204(b)(2)(C), substituted “such requisite signal intensity standard” for “the signal intensity standard in effect under section 119(d)(10)(A) of title 17”.Enacted provision · exact public law section
(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”; andEffective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Satellite Television Extension and Localism Act of 2010
Pub. L. 111–175 § 204(b)(2)(D) · 124 Stat. 1218
Struck · 47 U.S.C. § 339(c)(4)(E)
Pub. L. 111–175, § 204(b)(2)(D), struck out “Grade B intensity” before “signal.”
Source evidence
Code amendment note
Subsec. (c)(4)(E). Pub. L. 111–175, § 204(b)(2)(D), struck out “Grade B intensity” before “signal.”Enacted provision · exact public law section
(D) in paragraph (4)(E), by striking “Grade B intensity”.Effective date note
Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 div. P title IV § 402(i)(7) · 132 Stat. 348
Struck · 47 U.S.C. § 339(c)(1)
Pub. L. 115–141 struck out par. (1) which related to study of digital strength testing procedures
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–141 struck out par. (1) which related to study of digital strength testing procedures.Enacted provision · exact public law section
Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.
42 of 43 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 119(e) of title 17, referred to in subsec. (a)(2)(A), was repealed and section 119(f) was redesignated section 119(e) by Pub. L. 116–94, div. P, title XI, § 1102(a)(4), (6), , 133 Stat. 3203.
The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(2)(B)(ii), (C), (D)(ii), and (c)(3), is the date of enactment of Pub. L. 111–175, which shall be deemed to refer to , 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.
Section 119(d)(10) of title 17, referred to in subsecs. (a)(2)(D)(i)(III) and (c)(2), (4)(A), was amended by Pub. L. 116–94, div. P, title XI, § 1102(a)(3)(A), , 133 Stat. 3202, such that subpars. (A) and (B) were repealed, former subpar. (D) was redesignated (A), and a new subpar. (B) was enacted.
Section 119(a)(12) of title 17, referred to in subsec. (a)(2)(G), was redesignated first as section 119(a)(11) of title 17 by Pub. L. 111–175, title I, § 102(h)(1)(B), , 124 Stat. 1224, and subsequently as section 119(a)(8) of title 17 by Pub. L. 116–94, div. P, title XI, § 1102(a)(1)(C), , 133 Stat. 3202.
Amendments2000–2018 · 4 rounds
2018
Subsec. (c)(1). Pub. L. 115–141 struck out par. (1) which related to study of digital strength testing procedures.
2010
Subsec. (a)(1). Pub. L. 111–175, § 204(b)(1)(A), which directed amendment of subpar. (B) by striking out “ ‘Such two network stations’ and all that follows through ‘more than two network stations.’ ”, was executed by striking out concluding provisions which read “Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.”, to reflect the probable intent of Congress.
Subsec. (a)(2)(A). Pub. L. 111–175, § 204(b)(1)(B)(i), struck out “to analog signals” after “subscribers” in heading.
Subsec. (a)(2)(A)(i). Pub. L. 111–175, § 204(b)(1)(B)(ii)(I), (II), struck out “analog” before “signals” in heading, substituted “signal” for “analog signal” wherever appearing, and, in introductory provisions, substituted “” for “”.
Subsec. (a)(2)(A)(ii). Pub. L. 111–175, § 204(b)(1)(B)(ii)(III), (IV), struck out “analog” before “signals” in heading, substituted “signal” for “analog signal” wherever appearing in text, and substituted “2009” for “2004”.
Subsec. (a)(2)(B). Pub. L. 111–175, § 204(b)(1)(B)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to rules for other subscribers to analog signals.
Subsec. (a)(2)(C). Pub. L. 111–175, § 204(b)(1)(B)(iv)(I), which directed striking out “analog”, was executed by striking out “analog” before “signal” in introductory provisions, to reflect the probable intent of Congress and the subsequent amendment of cl. (ii) by Pub. L. 111–175, § 204(b)(1)(B)(iv)(III). See below.
Subsec. (a)(2)(C)(i). Pub. L. 111–175, § 204(b)(1)(B)(iv)(II), substituted “the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, 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 of this title (and the retransmission of such signal by such carrier can reach such subscriber); or” for “; and”.
Subsec. (a)(2)(C)(ii). Pub. L. 111–175, § 204(b)(1)(B)(iv)(III), amended cl. (ii) generally. Prior to amendment, text read as follows: “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 analog signal of a local network station affiliated with the same television network pursuant to section 338 of this title, and the retransmission of such signal by such carrier can reach such subscriber.”
Subsec. (a)(2)(D). Pub. L. 111–175, § 204(b)(1)(B)(v)(I), struck out “digital” before “signals” in heading.
Subsec. (a)(2)(D)(i). Pub. L. 111–175, § 204(b)(1)(B)(v)(IV), amended cl. (i) generally. Prior to amendment, cl. (i) related to signal testing for digital signals.
Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (III), redesignated and reordered cl. (vi) as (i) and struck out former cl. (i) which related to eligibility.
Subsec. (a)(2)(D)(ii). Pub. L. 111–175, § 204(b)(1)(B)(v)(V), struck out “digital” before “signal” in heading and in two places in text, struck out “, whether or not such subscriber elects to subscribe to local digital signals” before the period, and substituted “Satellite Television Extension and Localism Act of 2010” for “Satellite Home Viewer Extension and Reauthorization Act of 2004”.
Subsec. (a)(2)(D)(iii). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VI), added cl. (iii) and struck out former cl. (iii) which related to local-to-local analog markets.
Subsec. (a)(2)(D)(iv). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), (VII), redesignated cl. (x) as (iv) and struck out former cl. (iv) which related to local-to-local digital markets.
Subsec. (a)(2)(D)(v). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (v) which related to non-local-to-local markets.
Subsec. (a)(2)(D)(vi). Pub. L. 111–175, § 204(b)(1)(B)(v)(III), redesignated cl. (vi) as (i).
Subsec. (a)(2)(D)(vii) to (ix). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cls. (vii) to (ix) which related to trigger events for use of testing, testing waivers, and a special waiver provision for translators, respectively.
Subsec. (a)(2)(D)(x). Pub. L. 111–175, § 204(b)(1)(B)(v)(VII), redesignated cl. (x) as (iv).
Subsec. (a)(2)(D)(xi). Pub. L. 111–175, § 204(b)(1)(B)(v)(II), struck out cl. (xi) which defined “emergency response providers”.
Subsec. (a)(2)(E). Pub. L. 111–175, § 204(b)(1)(B)(vi), substituted “distant signal” for “distant analog signal or distant digital signal (within the meaning of subparagraph (A), (B), or (D))”.
Subsec. (c)(3). Pub. L. 111–175, § 204(b)(2)(A), amended par. (3) generally. Prior to amendment, text read as follows: “Within 180 days after , 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.”
Subsec. (c)(4)(A). Pub. L. 111–175, § 204(b)(2)(B), amended subpar. (A) generally. Prior to amendment, text read as follows: “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.”
Subsec. (c)(4)(B). Pub. L. 111–175, § 204(b)(2)(C), substituted “such requisite signal intensity standard” for “the signal intensity standard in effect under section 119(d)(10)(A) of title 17”.
Subsec. (c)(4)(E). Pub. L. 111–175, § 204(b)(2)(D), struck out “Grade B intensity” before “signal.”
2004
Subsec. (a)(1). Pub. L. 108–447, § 204(a)(1), inserted at end “Such two network stations may be comprised of both the analog signal and digital signal of not more than two network stations.”
Subsec. (a)(2). Pub. L. 108–447, § 204(a)(3), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 108–447, § 204(a)(4), which directed amendment of par. (3) by inserting “, except that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the provisions of section 340(f) of this title” at end, was executed by making the insertion before period at end, to reflect the probable intent of Congress.
Pub. L. 108–447, § 204(a)(2), redesignated par. (2) as (3).
Subsec. (c)(1). Pub. L. 108–447, § 204(b), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “For the purposes of identifying an unserved household under section 119(d)(10) of title 17, within 1 year after , 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.”
Subsec. (c)(4)(D), (E). Pub. L. 108–447, § 209, added subpars. (D) and (E).
2000
Subsec. (c)(5). Pub. L. 106–553 added par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–175 effective , see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.
Credits
1934–2018 · 5 acts
- 1934June 19, 1934, ch. 652, title III, § 339, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], , 113 Stat. 1536, 1501A–534
- 2000amended Pub. L. 106–553, § 1(a)(2) [title X, § 1001, formerly § 1008], , 114 Stat. 2762, 2762A–140, renumbered § 1001, Pub. L. 115–334, title VI, § 6603(3), , 132 Stat. 4777
- 2004Pub. L. 108–447, div. J, title IX [title II, §§ 204, 209], , 118 Stat. 3416, 3429
- 2010Pub. L. 111–175, title II, § 204(b), , 124 Stat. 1246
- 2018Pub. L. 115–141, div. P, title IV, § 402(i)(7), , 132 Stat. 1090.
Show as published
(June 19, 1934, ch. 652, title III, § 339, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], , 113 Stat. 1536, 1501A–534; amended Pub. L. 106–553, § 1(a)(2) [title X, § 1001, formerly § 1008], , 114 Stat. 2762, 2762A–140, renumbered § 1001, Pub. L. 115–334, title VI, § 6603(3), , 132 Stat. 4777; Pub. L. 108–447, div. J, title IX [title II, §§ 204, 209], , 118 Stat. 3416, 3429; Pub. L. 111–175, title II, § 204(b), , 124 Stat. 1246; Pub. L. 115–141, div. P, title IV, § 402(i)(7), , 132 Stat. 1090.)