H.R.2994 - Satellite Home Viewer Reauthorization Act of 2009 111th Congress (2009-2010)
Bill
Hide OverviewSponsor: | Rep. Boucher, Rick [D-VA-9] (Introduced 06/23/2009) |
---|---|
Committees: | House - Energy and Commerce |
Committee Reports: | H. Rept. 111-349 |
Latest Action: | House - 12/02/2009 Placed on the Union Calendar, Calendar No. 201. (All Actions) |
Tracker: Tip | This bill has the status Introduced Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Science, Technology, Communications
- View subjects
Text: H.R.2994 — 111th Congress (2009-2010) All Information (Except Text)
Text available as:
- XML/HTML
- XML/HTML (new window)
- TXT
- PDF (157KB) Tip
Shown Here:
Reported in House (12/02/2009)
Union Calendar No. 201
111th CONGRESS 1st Session |
[Report No. 111–349]
To reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004, and for other purposes.
Mr. Boucher (for himself and Mr. Stearns) introduced the following bill; which was referred to the Committee on Energy and Commerce
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 23, 2009]
To reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, This Act may be cited as the
“Satellite Home Viewer Reauthorization
Act of 2009”. SEC. 2. Extension of
authority. Section 325(b) of
the Communications Act of 1934 (47 U.S.C. 325(b)) is amended— SEC. 3. Significantly viewed
stations. (a) In
general.—Paragraphs (1) and
(2) of section 340(b) of such Act (47 U.S.C. 340(b)) are amended to read as
follows: “(1) SERVICE LIMITED TO
SUBSCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE.—This section shall apply only to
retransmissions to subscribers of a satellite carrier who receive
retransmissions of a signal from that satellite carrier pursuant to section
338. “(2) SERVICE
LIMITATIONS.—A satellite
carrier may retransmit to a subscriber in high definition format the signal of
a station determined by the Commission to be significantly viewed under
subsection (a) only if such carrier also retransmits in high definition format
the signal of a station located in the local market of such subscriber and
affiliated with the same network whenever such format is available from such
station.”. SEC. 4. Conforming
amendments. (a) Section
338.—Section 338 of the
Communications Act of 1934 (47 U.S.C. 338) is amended— (1) in subsection (a), by
striking “(3) Effective
date.—No satellite” and all that follows through
“until January 1, 2002.”; and (2) by amending subsection
(g) to read as follows: “(g) Carriage of Local
Stations on a Single Reception Antenna.— “(1) SINGLE RECEPTION
ANTENNA.—Each satellite
carrier that retransmits the signals of local television broadcast stations in
a local market shall retransmit such stations in such market so that a
subscriber may receive such stations by means of a single reception antenna and
associated equipment. “(2) ADDITIONAL RECEPTION
ANTENNA.—If the carrier
retransmits the signals of local television broadcast stations in a local
market in high definition format, the carrier shall retransmit such signals in
such market so that a subscriber may receive such signals by means of a single
reception antenna and associated equipment, but such antenna and associated
equipment may be separate from the single reception antenna and associated
equipment used to comply with paragraph
(1).”. (b) Section
339.—Section 339 of such Act (47 U.S.C. 339) is amended— (1) in subsection (a)— (A) in paragraph (1)(B), by
striking “Such two network stations” and all that follows through
“more than two network stations.”; and (B) in paragraph (2)— (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 clause 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— “(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 Home Viewer Reauthorization Act of
2009 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.”; (iv) in subparagraph
(C)— (II) in clause (i), by
striking “the Satellite Home Viewer Extension and Reauthorization Act of
2004” and inserting “the Satellite Home Viewer Reauthorization Act of
2009”; and (III) by amending clause (ii)
to read as follows: “(ii) either— “(I) at the time such person
seeks to subscribe to receive such secondary transmission, resides in a local
market where the satellite carrier makes available to that person the signal of
a local network station affiliated with the same television network pursuant to
section 338, and the retransmission of such signal by such carrier can reach
such subscriber; or (v) in subparagraph
(D)— (II) by redesignating clause
(vi) as clause (i) and transfering such clause to appear before clause
(ii); (III) by amending such clause
(i) (as so redesignated) to read as follows: “(i) SIGNAL
TESTING.—A subscriber shall be
eligible to receive a distant signal of a distant network station affiliated
with the same network under this section if such subscriber is determined,
based on a test conducted in accordance with section 73.686(d) of title 47,
Code of Federal Regulations, or any successor regulation, not to be able to
receive a signal that exceeds the signal intensity standard in section
73.622(e)(1) of title 47, Code of Federal
Regulations.”; (IV) in clause (ii)— (V) by inserting after clause
(ii) the following new clause: “(iii) TIME-SHIFTING
PROHIBITED.—In a case in which
the satellite carrier makes available to an eligible subscriber under this
subparagraph the signal of a local network station pursuant to section 338, the
carrier may only provide the distant signal of a station affiliated with the
same network to that subscriber if, in the case of any local market in the 48
contiguous States of the United States, the distant signal is the secondary
transmission of a station whose prime time network programming is generally
broadcast simultaneously with, or later than, the prime time network
programming of the affiliate of the same network in the local
market.”;
and (2) in subsection (c)— (A) by amending paragraph (3)
to read as follows: “(3) ESTABLISHMENT OF
IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED.— “(A) PREDICTIVE
MODEL.—Within 180 days after
the date of the enactment of the Satellite
Home Viewer Reauthorization Act of 2009, the Commission shall
take all actions necessary to develop and prescribe by rule a point-to-point
predictive model for reliably and presumptively determining the ability of
individual locations, through the use of a conventional, stationary, outdoor
rooftop receiving antenna, to receive signals in accordance with the signal
intensity standard in section 73.622(e)(1) of title 47, Code of Federal
Regulations, including to account for the continuing operation of translator
stations and low power television stations. In prescribing such model, the
Commission shall rely on the Individual Location Longley-Rice model set forth
by the Commission in CS Docket No. 98-201, as previously revised with respect
to analog signals, and as recommended by the Commission with respect to digital
signals in its Report to Congress in ET Docket No. 05-182, FCC 05-199 (released
December 9, 2005). The Commission shall establish procedures for the continued
refinement in the application of the model by the use of additional data as it
becomes available. “(B) ON-LOCATION
TESTING.—The Commission shall
issue an order completing its rulemaking proceeding in ET Docket No. 06-94
within 180 days after the date of enactment of the
Satellite Home Viewer Reauthorization Act of
2009. “(C) STUDY OF TYPES OF
ANTENNAS AVAILABLE TO RECEIVE DIGITAL SIGNALS.— “(i) STUDY
REQUIRED.—Not later than 1 year after the date of enactment of the
Satellite Home Viewer Reauthorization Act of
2009, the Commission shall complete a study regarding whether,
for purposes of identifying if a household is unserved by an adequate digital
signal under section 119(d)(10) of title 17, United States Code, the digital
signal strength standard in section 73.622(e)(1) of title 47, Code of Federal
Regulations, or the testing procedures in section 73.686 of title 47, Code of
Federal Regulations, such statutes or regulations should be revised to take
into account the types of antennas that are available to and used by
consumers. “(ii) STUDY
CONSIDERATION.—In conducting the study under clause (i), the
Commission shall consider whether to account for the fact that an antenna can
be mounted on a roof or placed in a home and can be fixed or capable of
rotating. “(iii) REPORT.—Not
later than 1 year after the date of enactment of the
Satellite Home Viewer Reauthorization Act of
2009, the Commission shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing— (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. Such test shall be conducted within
30 days after the date the subscriber submits a request for the test. If the
written findings and conclusions of a test conducted in accordance with such
clause demonstrate that the subscriber does not receive a signal that meets or
exceeds the requisite signal intensity standard in such clause, the subscriber
shall not be denied the retransmission of a signal of a network station under
section 119 of title 17, United States
Code.”; SEC. 5. Application pending
completion of rulemakings. (a) In
general.—Between the date of
enactment of this Act and the adoption of rules by the Federal Communications
Commission pursuant to the amendments to the Communications Act of 1934 made by
sections 3 and 4 of this Act, the Federal Communications Commission shall
follow its rules and regulations promulgated pursuant to sections 338, 339, and
340 of the Communications Act of 1934 as in effect on the day before the date
of enactment of this Act. (b) Translator stations and
low power television stations.—Notwithstanding subsection (a), for
purposes of determining whether a subscriber within the local market served by
a translator station or a low power television station affiliated with a
television network is eligible to receive distant signals under section 339 of
such Act, the Federal Communications Commission shall follow its rules and
regulations for determining such subscriber’s eligibility as in effect on the
day before the date of enactment of this Act until the date on which the
translator station or low power television station is licensed to broadcast a
digital signal. (c) Definitions.—As
used in this Act: (1) LOCAL MARKET; LOW POWER
TELEVISION STATION; SATELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST
STATION.—The terms “local market”, “low power
television station”, “satellite carrier”,
“subscriber”, and “television broadcast station” have
the meanings given such terms in section 338(k) of the Communications Act of
1934. SEC. 6. Process for issuing
qualified carrier certification. Part I of title III of the Communications
Act of 1934 is amended by adding at the end the following new section: “SEC. 342. Process for issuing
qualified carrier certification. “(a) Certification.—The Commission shall issue a certification
for the purposes of section 119(g)(3)(A)(iii) of title 17, United States Code,
if the Commission determines that— “(1) a satellite carrier is
providing local service pursuant to the statutory license under section 122 of
such title in each designated market area; and “(2) with respect to each
designated market area in which such satellite carrier was not providing such
local service as of the date of enactment of the
Satellite Home Viewer Reauthorization Act of
2009— “(A) the satellite carrier’s
satellite beams are designed, and predicted by the satellite manufacturer’s
pre-launch test data, to provide a good quality satellite signal to 90 percent
of the households in each such designated market area based on the most recent
census data released by the United States Census Bureau; and “(b) Information
required.—Any entity seeking
the certification provided for in subsection (a) shall submit to the Commission
the following information: “(1) An affidavit stating that, to the best of
the affiant’s knowledge, the satellite carrier provides local service in all
designated market areas pursuant to the statutory license provided for in
section 122 of title 17, United States Code, and listing those designated
market areas in which local service was provided as of the date of enactment of
the Satellite Home Viewer Reauthorization Act
of 2009. “(2) For each designated market area not listed
in paragraph (1): “(A) Identification of each such designated
market area and the location of its local receive facility. “(B) Data showing the number of households, and
maps showing the geographic distribution thereof, in each such designated
market area based on the most recent census data released by the United States
Census Bureau. “(C) Maps, with superimposed effective
isotropically radiated power predictions obtained in the satellite
manufacturer’s pre-launch tests, showing that the contours of the carrier’s
satellite beams as designed and the geographic area that the carrier’s
satellite beams are designed to cover are predicted to provide a good quality
satellite signal to 90 percent of the households in such designated market area
based on the most recent census data released by the United States Census
Bureau. “(D) For any satellite relied upon for
certification under this section, an affidavit stating that, to the best of the
affiant’s knowledge, there have been no satellite or sub-system failures
subsequent to the satellite’s launch that would degrade the design performance
to such a degree that a satellite transponder used to provide local service to
any such designated market area is precluded from delivering a good quality
satellite signal to 90 percent of the households in such designated market area
based on the most recent census data released by the United States Census
Bureau. “(c) Certification
Issuance.— “(d) Subsequent
affirmation.—An entity granted
qualified carrier status pursuant to section 119(g) of title 17, United States
Code, shall file an affidavit with the Commission 30 months after such status
was granted stating that, to the best of the affiant’s knowledge, it is in
compliance with the requirements for a qualified carrier. “(e) Definitions.—For the purposes of this section: “(1) DESIGNATED MARKET
AREA.—The term
‘designated market area’ has the meaning given such term in
section 122(j)(2)(C) of title 17, United States Code. “(2) GOOD QUALITY SATELLITE
SIGNAL.— “(A) IN
GENERAL.—The term “good quality satellite signal” means— “(i) a satellite signal whose
power level as designed shall achieve reception and demodulation of the signal
at an availability level of at least 99.7 percent using models of satellite
antennas normally used by the satellite carrier’s subscribers and the same
calculation methodology used by the satellite carrier to determine predicted
signal availability in the top 100 designated market areas; and “(ii) a video signal
transmitted by satellite carrier such that, taking into account whether a
signal is in standard definition format or high definition format, compression
methodology, modulation, error correction, power level, and utilization of
advances in technology that does not circumvent the intent of this section to
provide for non-discriminatory treatment with respect to any comparable
television broadcast station signal— “(B) DETERMINATION.—For
the purposes of subparagraph (A), the top 100 designated market areas shall be
as determined by Nielsen Media Research and published in the Nielsen Station
Index Directory and Nielsen Station Index United States Television Household
Estimates or any successor publication as of the date of a satellite carrier’s
application for certification under this
section.”. SEC. 7. Savings clause regarding
definitions. Nothing in this
Act or the amendments made by this Act shall be construed to affect the
definitions of “program related” and “primary video”
in the Communications Act of 1934 or in any regulations promulgated pursuant to
such Act by the Federal Communications Commission. SEC. 8. Savings clause regarding
use of non-compulsory licenses; Report. (a) In
general.—Nothing in this Act,
the Communications Act of 1934, or regulations promulgated by the Federal
Communications Commission under this Act or the Communications Act of 1934
shall limit the ability of a satellite carrier to retransmit a performance or
display of a work pursuant to an authorization granted by the copyright owner
or, if within the scope of its authorization, its licensee. (b) Report.—Not
later than 1 year after the date of enactment of this Act, the Federal
Communications Commission shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an analysis of— SEC. 9. Nondiscrimination in
Carriage of High Definition Digital Signals of Noncommercial Educational
Television Stations. (a) In
general.—Section 338(a) of the
Communications Act of 1934 (47 U.S.C. 338(a)) is amended by adding at the end
the following new paragraph: “(5) NONDISCRIMINATION IN
CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION
STATIONS.— “(A) EXISTING CARRIAGE OF
HIGH DEFINITION SIGNALS.—Each eligible satellite carrier
providing, under section 122 of title 17, United States Code, any secondary
transmissions in high definition to subscribers located within the local market
of a television broadcast station of a primary transmission made by that
station prior to the date of enactment of this paragraph shall carry the
high-definition signals of qualified noncommercial educational television
stations located within that local market in accordance with the following
schedule: “(B) NEW INITIATION OF
SERVICE.—Each eligible
satellite carrier that initiates the provision, under section 122 of title 17,
United States Code, of any secondary transmissions in high definition to
subscribers located within the local market of a television broadcast station
of a primary transmission made by that station after the date of enactment of
this paragraph shall carry the high-definition signals of all qualified
noncommercial educational television stations located within that local market.”. (b) Definitions.—Section 338(k) of such Act (47 U.S.C.
338(k)) is amended— (2) by inserting after
paragraph (1) the following new paragraph: “(2) ELIGIBLE SATELLITE
CARRIER.—The term
‘eligible satellite carrier’ means any satellite carrier that is
not a party to a carriage contract with a qualified noncommercial educational
television station, or its representative, that is in force and effect as of
the date of enactment of this
paragraph.”;
Union Calendar No. 201 | |||||
| |||||
[Report No.
111–349]
| |||||
A BILL | |||||
To reauthorize the Satellite Home Viewer
Extension and Reauthorization Act of 2004, and for other
purposes.
| |||||
December 2, 2009 | |||||
Reported with an amendment, committed to the Committee of
the Whole House on the State of the Union, and ordered to be
printed |