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111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-349
======================================================================
SATELLITE HOME VIEWER REAUTHORIZATION ACT OF 2009
_______
December 2, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2994]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2994) to reauthorize the Satellite Home Viewer
Extension and Reauthorization Act of 2004, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 8
Background and Need for Legislation.............................. 8
Legislative History.............................................. 10
Committee Consideration.......................................... 11
Committee Votes.................................................. 11
Statement of Committee Oversight Findings and Recommendations.... 13
New Budget Authority, Entitlement Authority, and Tax Expenditures 13
Statement of General Performance Goals and Objectives............ 13
Constitutional Authority Statement............................... 13
Earmarks and Tax and Tariff Benefits............................. 13
Federal Advisory Committee Statement............................. 13
Applicability of Law to Legislative Branch....................... 13
Federal Mandates Statement....................................... 13
Committee Cost Estimate.......................................... 14
Congressional Budget Office Cost Estimate........................ 14
Section-by-Section Analysis of the Legislation................... 15
Explanation of Amendment......................................... 22
Changes in Existing Law Made by the Bill, as Reported............ 23
Minority Views................................................... 42
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
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--
(1) in paragraph (2)(C), by striking ``December 31, 2009''
and inserting ``December 31, 2014''; and
(2) in paragraph (3)(C), by striking ``January 1, 2010'' each
place it appears in clauses (ii) and (iii) and inserting
``January 1, 2015''.
SEC. 3. SIGNIFICANTLY VIEWED STATIONS.
(a) In General.--Paragraphs (1) and (2) of section 340(b) of such Act
(47 U.S.C. 340(b)) are amended to read as follows:
``(1) Service limited to subscribers taking local-into-local
service.--This section shall apply only to retransmissions to
subscribers of a satellite carrier who receive retransmissions
of a signal from that satellite carrier pursuant to section
338.
``(2) Service limitations.--A satellite carrier may
retransmit to a subscriber in high definition format the signal
of a station determined by the Commission to be significantly
viewed under subsection (a) only if such carrier also
retransmits in high definition format the signal of a station
located in the local market of such subscriber and affiliated
with the same network whenever such format is available from
such station.''.
(b) Rulemaking Required.--Within 180 days after the date of the
enactment of this Act, the Federal Communications Commission shall take
all actions necessary to promulgate a rule to implement the amendments
made by subsection (a).
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 338.--Section 338 of the Communications Act of 1934 (47
U.S.C. 338) is amended--
(1) 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)--
(i) in the heading for subparagraph (A), by
striking ``to analog signals'';
(ii) in subparagraph (A)--
(I) in the heading for clause (i), by
striking ``analog'';
(II) in clause (i)--
(aa) by striking ``analog''
each place it appears; and
(bb) by striking ``October 1,
2004'' and inserting ``October
1, 2009'';
(III) in the heading for clause (ii),
by striking ``analog''; and
(IV) in clause (ii)--
(aa) by striking ``analog''
each place it appears; and
(bb) by striking ``2004'' and
inserting ``2009'';
(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--
``(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 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)--
(I) by striking ``analog'';
(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
``(II) receives from the satellite
carrier the signal of a network station
affiliated with the same network that
is broadcast by a local station in the
market where the subscriber resides,
but is not the local station's primary
video.'';
(v) in subparagraph (D)--
(I) by striking clauses (i), (iii)
through (v), (vii) through (ix), and
(xi);
(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)--
(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 Home
Viewer Reauthorization Act of
2009''; and
(dd) by striking ``, whether
or not such subscriber elects
to subscribe to local digital
signals'';
(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
(VI) by redesignating clause (x) as
clause (iv); and
(vi) in subparagraph (E), by striking
``distant analog signal or'' and all that
follows through ``(B), or (D))'' and inserting
``distant signal'';
(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--
``(I) the results of the study
conducted under clause (i); and
``(II) recommendations, if any,
regarding changes to be made to Federal
statutes or regulations.'';
(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.'';
(C) in paragraph (4)(B), by striking ``the signal
intensity'' and all that follows through ``United
States Code'' and inserting ``such requisite signal
intensity standard''; and
(D) in paragraph (4)(E), by striking ``Grade B
intensity''.
(c) Section 340.--Section 340(i) of such Act (47 U.S.C. 340(i)) is
amended by striking paragraph (4).
SEC. 5. APPLICATION PENDING COMPLETION OF RULEMAKINGS.
(a) In General.--Between the date of enactment of this Act and the
adoption of rules by the Federal Communications Commission pursuant to
the amendments to the Communications Act of 1934 made by sections 3 and
4 of this Act, the Federal Communications Commission shall follow its
rules and regulations promulgated pursuant to sections 338, 339, and
340 of the Communications Act of 1934 as in effect on the day before
the date of enactment of this Act.
(b) Translator Stations and Low Power Television Stations.--
Notwithstanding subsection (a), for purposes of determining whether a
subscriber within the local market served by a translator station or a
low power television station affiliated with a television network is
eligible to receive distant signals under section 339 of such Act, the
Federal Communications Commission shall follow its rules and
regulations for determining such subscriber's eligibility as in effect
on the day before the date of enactment of this Act until the date on
which the translator station or low power television station is
licensed to broadcast a digital signal.
(c) Definitions.--As used in this Act:
(1) Local market; low power television station; satellite
carrier; subscriber; television broadcast station.--The terms
``local market'', ``low power television station'', ``satellite
carrier'', ``subscriber'', and ``television broadcast station''
have the meanings given such terms in section 338(k) of the
Communications Act of 1934.
(2) Network station; television network.--The terms ``network
station'' and ``television network'' have the meanings given
such terms in section 339(d) of such Act.
SEC. 6. 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) there is no material evidence that there has
been a satellite or sub-system failure subsequent to
the satellite's launch that precludes the ability of
the satellite carrier to satisfy the requirements of
subparagraph (A).
``(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.
``(E) Any additional engineering, designated market
area, or other information the Commission considers
necessary to determine whether the Commission shall
grant a certification under this section.
``(c) Certification Issuance.--
``(1) Public comment.--The Commission shall provide 30 days
for public comment on a request for certification under this
section.
``(2) Deadline for decision.--The Commission shall grant or
deny a request for certification within 90 days after the date
on which such request is filed.
``(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--
``(I) the satellite carrier treats
all television broadcast station's
signals the same with respect to
statistical multiplexer prioritization;
and
``(II) the number of video signals in
the relevant satellite transponder is
not more than the then current greatest
number of video signals carried on any
equivalent transponder serving the top
100 designated market areas.
``(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--
(1) the number of households in a State that receive local
broadcast stations from a station of license that is located in
a different State;
(2) the extent to which consumers have access to in-state
broadcast programming; and
(3) whether there are alternatives to the use of designated
market areas, as defined in section 122 of title 17, United
States Code, to define local markets that would provide more
consumers with in-state broadcast programming.
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:
``(i) By December 31, 2010, in at least 50
percent of the markets in which such satellite
carrier provides such secondary transmissions
in high definition.
``(ii) By December 31, 2011, in every market
in which such satellite carrier provides such
secondary transmissions in high definition.
``(B) New initiation of service.--Each eligible
satellite carrier that initiates the provision, under
section 122 of title 17, United States Code, of any
secondary transmissions in high definition to
subscribers located within the local market of a
television broadcast station of a primary transmission
made by that station after the date of enactment of
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--
(1) by redesignating paragraphs (2) through (8) as paragraphs
(3) through (9), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Eligible satellite carrier.--The term `eligible
satellite carrier' means any satellite carrier that is not a
party to a carriage contract with a qualified noncommercial
educational television station, or its representative, that is
in force and effect as of the date of enactment of this
paragraph.'';
(3) by redesignating paragraphs (6) through (9) (as
previously redesignated) as paragraphs (7) through (10),
respectively; and
(4) by inserting after paragraph (5) (as so redesignated) the
following new paragraph:
``(6) Qualified noncommercial educational television
station.--The term `qualified noncommercial educational
television station' has the meaning given such term in section
615(l)(1) of this Act.''.
Purpose and Summary
The purpose of H.R. 2994, the ``Satellite Home Viewer
Reauthorization Act of 2009'' (SHVRA), is to reauthorize and
amend certain provisions of the Communications Act of 1934 that
govern satellite retransmission of television broadcast
signals. The bill amends the Communications Act to account for
the completion of the digital television transition;
reauthorizes provisions of the Communications Act set to expire
at the end of 2009; improves regulatory parity between cable
and satellite; creates incentives to expand local-into-local
service to every television market in the United States; and
directs the Federal Communications Commission (FCC or
Commission) to study two issues relating to the ability of
consumers to receive local television signals.
Background and Need for Legislation
Millions of consumers across the United States subscribe to
direct broadcast satellite (DBS) service. The FCC estimates
that in 2006 approximately 87% of households in the United
States that watched television subscribed to a pay-television
service from a multichannel video programming distributor
(MVPD). MVPDs include DBS carriers, cable companies, and
traditional phone companies offering video services. According
to the FCC, consumers are selecting DBS carriers for pay
television service at an increasing rate, and as of mid-2006
(the most recent data available) DBS carriers had garnered
nearly 30% of the MVPD market.
On June 12, 2009, the nation's full power television
stations ceased analog broadcasts and began broadcasting only
digital signals. This shift necessitates a series of amendments
to the Communications Act to both remove references to analog
broadcast television signals and to ensure that the Commission
adjusts its rules related to the retransmission of digital
broadcast signals in a timely manner.
From time to time Congress revisits the rules related to
the retransmission of television broadcast stations by
satellite carriers to ensure that consumers continue to benefit
from these services. Since 1988, most of these changes have
occurred during reauthorization of the Satellite Home Viewer
Act.
The Satellite Home Viewer Act (1988).\1\ In 1988, Congress
enacted the Satellite Home Viewer Act (SHVA), which enabled
satellite carriers to use a compulsory copyright license to
provide some out-of-market, or distant, network programming to
their subscribers. Specifically, Congress authorized use of the
compulsory license to provide distant network programming to
so-called ``unserved'' households, or households that could not
receive the signal of a station affiliated with a particular
network over the air. This provision was intended to ensure
that all households had some ability to receive network
programming.
---------------------------------------------------------------------------
\1\P.L. 100-667
---------------------------------------------------------------------------
SHVA defined a household as ``unserved'' if it could not
``receive . . . an over-the-air signal of grade B intensity''
from the local affiliate of the same network. The accuracy of
the Grade B standard and the attendant predictive model
prescribed by the Commission have been the subject of debate as
local terrain or other conditions may affect a household's
ability to receive the signal.
To facilitate the ability of satellite carriers to deliver
signals to unserved households, SHVA also created provisions
exempting these carriers from having to negotiate with distant
broadcast stations to retransmit the signals of out-of-market
stations to unserved consumers.\2\ The retransmission-consent
exemption created by SHVA expires every five years and will
terminate on December 31, 2009, unless it is extended.\3\
---------------------------------------------------------------------------
\2\See 47 U.S.C. 325(b).
\3\See 47 U.S.C. 325(b)(2)(C).
---------------------------------------------------------------------------
The importation of distant signals has, at times, been
controversial. In 1998, several broadcasters and content owners
sued EchoStar Communications for copyright infringement.\4\
They alleged that the satellite carrier was illegally providing
distant network programming to numerous households that did not
meet the statutory definition of ``unserved.'' In 2006, the
United States Court of Appeals for the Eleventh Circuit
determined that EchoStar had violated the distant signal
compulsory copyright license codified in section 119 of title
17 and issued a nationwide permanent injunction preventing the
satellite carrier from using the distant signal compulsory
copyright license to retransmit any out-of-market network
programming to any of its subscribers.
---------------------------------------------------------------------------
\4\EchoStar Communications is now a separately traded company. DISH
Network LLC (DISH) is the successor company and the entity that
provides satellite television service to consumers.
---------------------------------------------------------------------------
The Satellite Home Viewer Act (1994).\5\ Congress passed
another Satellite Home Viewer Act in 1994. The 1994 SHVA
focused on royalty rates paid for use of the compulsory
license, extended the license for another five years, and
modified the signal strength testing procedures used to
determine whether a consumer is eligible to receive the
retransmission of a distant network signal.
---------------------------------------------------------------------------
\5\P.L. 103-369.
---------------------------------------------------------------------------
The Satellite Home Viewer Improvement Act (1999).\6\ In
1999, Congress enacted the ``Satellite Home Viewer Improvement
Act of 1999'' (SHVIA). In SHVIA, Congress expanded on the
original Satellite Home Viewer Act by amending the
Communications Act to authorize satellite carriers to also use
a compulsory copyright license to provide consumers with local
broadcast signals, often referred to as ``local-into-local''
service. In order to deliver a local broadcast signal to a
household using the compulsory license, however, a satellite
carrier must carry all of the local broadcast stations in a
market that requests carriage. This requirement is sometimes
referred to as the ``carry one, carry all'' rule.\7\
---------------------------------------------------------------------------
\6\P.L. 106-113.
\7\See 47 U.S.C. 338.
---------------------------------------------------------------------------
As of October 2009, DirecTV, the largest DBS carrier,
provides local service in 150 of the 210 local markets or
designated market areas (DMAs).\8\ The second largest DBS
carrier, DISH Network, provides local service in 182 of the 210
DMAs.\9\
---------------------------------------------------------------------------
\8\DirecTV to Deliver Local Programming in Bluefield-Beckley, W.VA
(Sept. 24, 2009) available online at http://investor.directv.com/
releasedetail.cfm?ReleaseID=411500
\9\Dish Network Adds 2 More HD Markets, Multichannel News (Aug. 19,
2009).
---------------------------------------------------------------------------
Congress also inserted new sections 338 and 339 into the
Communications Act. Section 338 governs satellite
retransmission of local broadcast signals and section 339
governs satellite retransmission of distant network signals.
SHVIA also imposed an obligation on broadcast stations not to
enter into exclusive contracts for carriage and to negotiate
retransmission consent agreements with MVPDs in good faith
until January 1, 2005.
The Satellite Home Viewer Extension and Reauthorization Act
(2004).\10\ In 2004, Congress again reauthorized and amended
SHVA in the Satellite Home Viewer Extension and Reauthorization
Act of 2004 (SHVERA). SHVERA extended once more the exemption
in section 325 for satellite carriers from needing to obtain
retransmission consent to offer distant network signals to
unserved households. It also renewed for an additional five
years the prohibition on broadcast stations entering into
exclusive carriage deals and the requirement that broadcast
stations bargain in good faith in retransmission consent
negotiations. SHVERA also made the good faith negotiation
provision reciprocal, so that it applied to both the MVPD and
broadcast stations when negotiating retransmission consent
agreements.
---------------------------------------------------------------------------
\10\P.L. 108-447, passed as Division J of Title IV of the FY2005
Consolidated Appropriations Act.
---------------------------------------------------------------------------
In SHVERA, Congress also created a new section 340 of the
Communications Act to permit a satellite carrier, such as a
cable operator, to retransmit a distant network signal to
counties in a local market where the Commission has deemed that
signal to be ``significantly viewed.''
Legislative History
The Subcommittee on Communications, Technology, and the
Internet held an oversight hearing on issues related to the
reauthorization of provisions of the Communications Act that
govern the retransmission of television broadcast signals by
satellite carriers on February 24, 2009. The Subcommittee
received testimony from the following witnesses: Bob Gabrielli,
Senior Vice President, Broadcasting Operations and
Distribution, DIRECTV, Inc.; Charles W. Ergen, Chairman,
President, and Chief Executive Officer of DISH Network
Corporation; Martin D. Franks, Executive Vice President,
Policy, Planning and Government Relations, CBS Corporation;
Willard Rowland, President and CEO, Colorado Public Television,
on behalf of the Association of Public Television Stations; K.
James Yager, CEO, Barrington Broadcasting Group, LLC, on behalf
of the National Association of Broadcasters; Gigi B. Sohn,
President and Co-Founder, Public Knowledge, on behalf of Public
Knowledge, Consumers Union, and Free Press; and W. Kenneth
Ferree, President, Progress & Freedom Foundation.
The Subcommittee held a legislative hearing on a discussion
draft of the Satellite Home Viewer Reauthorization Act of 2009
(SHVRA) on June 16, 2009. The Subcommittee received testimony
from the following witnesses: Preston Padden, Executive Vice
President, Worldwide Government Relations, The Walt Disney
Company; Mike Mountford, Chief Executive Officer, NPS LLC; Paul
Karpowicz, President, Meredith Corporation, on behalf of the
National Association of Broadcasters; Derek Chang, Executive
Vice President, Content Strategy and Development, DIRECTV,
Inc.; and R. Stanton Dodge, Executive Vice President, General
Counsel and Secretary, DISH Network.
H.R. 2994, a bill to reauthorize the Satellite Home Viewer
Extension and Reauthorization Act of 2004 (SHVERA), and for
other purposes, was introduced on June 23, 2009, and was
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications,
Technology, and the Internet on June 24, 2009.
Committee Consideration
The Subcommittee on Communications, Technology, and the
Internet met in open markup session on June 25, 2009, to
consider H.R. 2994. An amendment in the nature of a substitute,
offered as a manager's amendment by Subcommittee Chairman
Boucher, was agreed to by a voice vote. The Subcommittee
forwarded H.R. 2994, amended, favorably to the full Committee
by a voice vote.
The full Committee met in open markup session on October
15, 2009, to consider H.R. 2994, as forwarded by the
Subcommittee on Communications, Technology, and the Internet on
June 25, 2009. An amendment in the nature of a substitute was
offered by Mr. Boucher and Mr. Stearns. Ms. Eshoo offered an
amendment to the AINS that was agreed to by a roll call vote of
31 yeas to 20 nays. Subsequently, the Boucher amendment in the
nature of a substitute, as amended by the Eshoo amendment, was
adopted by a voice vote. H.R. 2994 was ordered favorably
reported, amended, to the House by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion by Mr. Waxman to order H.R. 2994 favorably reported to
the House, amended, was agreed to by a voice vote. The
following is a record of the recorded vote on the amendment
offered by Ms. Eshoo, including the names of those Members
voting for and against:
Statement of Committee Oversight Findings and Recommendations
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives, the Committee finds that H.R. 2994
would result in no new budget authority, entitlement authority,
or tax expenditures or revenues.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 2994. Article I, section 8, clauses 3 and 18
of the Constitution of the United States grants the Congress
the power to enact this law.
Earmarks and Tax and Tariff Benefits
H.R. 2994 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI.
Federal Advisory Committee Statement
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., section 5(b).
Application of Law to the Legislative Branch
The Committee finds that H.R. 2994 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
Public Law 104-1.
Federal Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported bill includes unfunded mandates.
In compliance with this requirement the Committee adopts as its
own the estimates of federal mandates prepared by the Director
of the Congressional Budget Office.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee adopts as its own the
cost estimate of H.R. 2994 prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives and section 402 of the Congressional
Budget Office Act of 1974, the Committee has received the
following cost estimate for H.R. 2994 from the Director of the
Congressional Budget Office:
November 5, 2009.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2994, the
Satellite Home Viewer Reauthorization Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 2994--Satellite Home Viewer Reauthorization Act of 2009
Under current law, satellite carriers pay royalty fees for
the right to transmit certain television signals to their
subscribers without obtaining specific permission from
copyright holders. H.R. 2994 would extend provisions of current
law that allow satellite carriers to transmit copyrighted
material without specific permission but would not extend the
requirement to pay royalties on those copyrighted
transmissions. The requirement to pay royalties will expire on
December 31, 2009. The bill also would require the Federal
Communications Commission (FCC) to conduct several studies
related to the transmission of satellite broadcasts.
CBO estimates that implementing H.R. 2994 would not
significantly affect spending subject to appropriation;
enacting the bill would not affect direct spending or revenues.
H.R. 2994 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments.
H.R. 2994 would impose private-sector mandates, as defined
in UMRA, on satellite carriers and television broadcasters.
Based on information from industry sources, CBO estimates that
the aggregate cost of complying with all of the mandates in the
bill would fall below the annual threshold for private-sector
mandates ($139 million in 2009, adjusted annually for
inflation).
The bill would require that, in each market for which a
satellite carrier chooses to provide local channels in high
definition, the carrier must also provide high definition
signals of any local noncommercial, educational stations by
December 31, 2011. Assuming agreements with such stations could
be reached, CBO estimates that the cost for satellite carriers
to comply with this mandate would probably be small relative to
the annual threshold.
The bill also would extend an existing mandate on
broadcasters that prohibits them from entering certain
exclusive contracts for the rights to broadcast their programs
and requires them to negotiate in good faith. The cost of the
mandate to broadcasters would be the net income forgone as a
result of the requirement to negotiate contracts with multiple
carriers. Based on information from industry sources, CBO
expects that few exclusive contracts would be reached.
Therefore, CBO estimates that the cost of the mandate would be
small. Additionally, the bill would impose a mandate on network
broadcasters by extending a provision that allows satellite
carriers to retransmit distant network signals to unserved
households without obtaining consent or providing compensation
to broadcasters. The cost of the mandate would be the forgone
net income broadcasters could obtain by charging satellite
carriers for such transmissions. Based upon information from
industry sources, CBO estimates the cost would be minimal.
The CBO staff contacts for this estimate are Susan Willie
(for federal costs) and Sam Wice (for the private-sector
impact). The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 of the bill establishes the short title as the
``Satellite Home Viewer Reauthorization Act of 2009'' (SHVRA).
Section 2. Extension of authority
Section 2 of the bill amends section 325(b) of the
Communications Act of 1934 to extend for five years the
statutory provision that permits a satellite carrier to
retransmit, without first having to obtain a broadcaster's
consent, the signal of a distant network station to certain
unserved households. Section 2 also extends for five years the
provision in the same section that requires television
broadcast stations and MVPDs to negotiate retransmission
consent agreements in good faith and prohibits exclusive
carriage deals.
Section 3. Significantly viewed stations
Section 3(a) of the bill amends section 340 of the
Communications Act regarding the carriage by a satellite
carrier of ``significantly viewed'' signals. Congress first
created section 340 in SHVERA. Section 340 allows a satellite
carrier to offer a subscriber the signal from a station in a
nearby market if the signal is viewed over the air by a
``significant'' number of consumers within the subscriber's
market. This ``significantly viewed'' provision was adopted in
SHVERA to create parity with cable operators, who already had
such authority. Because some stations were only just beginning
their transition to digital, and because in-market stations not
yet broadcasting in high-definition format were concerned about
competition with out of market stations that were broadcasting
in high definition format, section 340 required satellite
carriers to dedicate ``equivalent bandwidth'' to local signals
and significantly viewed signals.
The Commission's implementation of section 340, including
its interpretation of the ``equivalent bandwidth'' requirement,
has generally served to discourage satellite carriers from
using section 340 to provide significantly viewed signals to
qualified households.
Under the Commission's interpretation of this section, a
satellite carrier must reduce a significantly viewed signal in
high-definition format to standard-definition format any time
the local signal was not broadcast in high-definition format.
The Commission required this even if the satellite carriers
were providing the local signal in high definition format
whenever it was broadcast in such format. Because it is
impractical for satellite carriers to match the format of the
local and significantly viewed signals moment-by-moment,
satellite carriers rarely provide the significantly viewed
signals.
To address this, section 3(a) of the bill amends section
340(b) to clarify that a satellite carrier may provide a
significantly viewed signal in high-definition format even when
the local signal affiliated with the same network is not
broadcast in high-definition format as long as it provides the
local signal affiliated with the same network in high-
definition format when it is available in that format.
Section 3(b) of the bill requires the Commission to take
all actions necessary to promulgate a rule to implement the
amendments made by section 3(a) within 180 days of the date of
enactment of the bill.
Section 4. Conforming amendments
Section 4 of the bill makes a series of amendments to
sections 338 and 339 of the Communications Act to account for
the transition from analog to digital-only television
broadcasts, including addressing the predictive model the
Commission will use to determine whether a satellite carrier
may retransmit distant digital network signals to certain
households and carrying forward the grandfathering of the
eligibility of certain satellite subscribers to receive distant
network signals.
Section 4 of the bill, among other things, adds to section
339 of the Communications Act provisions regarding when a
satellite carrier may retransmit distant network signals to
households that can receive network programming over-the-air
because a local station is providing that network programming
on a multicast stream. Digital broadcast technology allows
broadcasters to use their 6 MHz channel to transmit more than
one programming stream, a practice known as multicasting. In
some markets that lack a full complement of local network
affiliates (sometimes referred to as ``short markets''), the
network that is not present in the market may contract with the
local affiliate of another network to multicast the missing
network's programming. Section 4 inserts new language to ensure
that households to which a satellite carrier is lawfully
retransmitting distant network programming do not lose access
to that programming when a satellite carrier begins
retransmitting the signal of a multicast station affiliated
with the same network in a local market.
Section 4(a) of the bill adapts for the digital television
transition the requirement from SHVERA that a satellite carrier
offering local-into-local service in a market provide to a
subscriber any analog signals of the local broadcasters in that
market on a single reception antenna device, or dish, as well
as provide any digital signals of the local broadcasters on a
single dish. This requirement meant that households in some
markets that wanted to receive local programming might be
required to obtain two dishes in order to receive a full
complement of local stations. In practice, consumers were less
likely to view some local stations because they might not want
to go through the process of obtaining and installing a second
dish or might have concerns about how a second dish might look
on or near their home.
Section 4(a)(2) of the bill amends section 338(g) of the
Communications Act to clarify that after the digital television
transition, a satellite carrier must retransmit local broadcast
signals in such a manner that a subscriber may receive all
local signals using one reception antenna.
Section 4(a)(2) of the bill also provides that a satellite
carrier offering local broadcast signals in high definition
format must retransmit those signals in such a manner that a
subscriber may receive all of them using a single reception
antenna; however, the reception antenna used to receive the
local signals in high-definition format may be different from
the reception antenna used to receive the signals in non-high
definition, or standard definition, format, provided that all
local stations carried pursuant to section 338 are available on
one reception antenna; either the one used to receive signals
in standard definition format or the one used to receive
signals in high definition format.
Section 4(b) of the bill updates section 339 of the
Communications Act to reflect the end of the transition of
full-power television broadcast stations to digital
broadcasting. Section 4(b) also updates so-called
``grandfathering'' provisions that ensure that certain
consumers that are lawfully receiving distant signals do not
automatically lose access to those signals because of a change
in law or a change in broadcast signal availability. The
Committee has routinely established such provisions in the past
to prevent unnecessary disruptions to consumers.
Section 4(b)(1)(A) of the bill updates the requirement that
a satellite carrier may retransmit no more than two distant
signals affiliated with the same television network to a
household that is unserved with respect to that television
network.
In SHVIA, Congress allowed some subscribers who were
receiving a distant signal of a network affiliate to continue
to do so even though the subscribers were deemed as a matter of
law to be ``served'' over the air from an affiliate of the same
network. Some of these subscribers--those residing in the so-
called ``Grade B doughnut''\11\--could continue to receive that
distant signal until they chose to receive a local signal
affiliated with the same network from the satellite carrier.
The grandfathered status of these subscribers is set to expire
on December 31, 2009, and section 4(b)(1)(B) of the bill allows
them to continue to receive a distant signal until they elect
to receive the corresponding local signal.
---------------------------------------------------------------------------
\11\Satellite carriers were retransmitting distant network signals
to households in the Grade B doughnut even though they were predicted
to receive an analog signal of Grade B intensity over the air.
---------------------------------------------------------------------------
Other subscribers (non-Grade B doughnut subscribers)
already lawfully receiving a distant network signal from a
satellite carrier at the time SHVRA is enacted may continue to
receive that signal whether or not they subsequently decide
also to receive from the satellite carrier a signal of that
network from the local affiliate.
Section 4(b)(1)(B)(iv) of the bill provides that a
satellite carrier may not provide a distant signal to a
household after the satellite carrier has begun to offer the
corresponding local signal of a television network in a local
market, including where the station affiliated with that
network is provided as a multicast stream.
Section 4(b)(1)(B)(v) of the bill makes a series of changes
to account for the conclusion of the transition of full-power
television broadcast stations to digital. Amended section
339(a)(2)(D)(i) provides that a subscriber is eligible to
receive the distant signal of a television network if the
subscriber is determined, based on a test conducted in
accordance with the Commission's regulations, not to be able to
receive over the air a signal of the same network exceeding the
signal intensity standard in the Commission's rules.
To account for the digital transition, amended section
339(a)(2)(D)(iii) updates the requirement that a satellite
carrier may not use distant signals to ``time-shift''
programming. A satellite carrier may only retransmit the
distant signal of a television network to a subscriber in a
local market if the prime time network programming associated
with that distant signal is generally broadcast simultaneously
with, or later than, the prime time network programming of the
affiliate of the same network in the local market.
Section 4(b)(2) of the bill directs the Commission to
complete all actions necessary to prescribe by rule a point-to-
point predictive model to determine presumptively whether a
household is eligible to receive a distant network signal,
within 180 days of the date of enactment of SHVRA. The new
digital predictive model will replace the current predictive
model used by the Commission, which is based on a household's
ability to receive an analog over-the-air signal of Grade B
intensity. The Commission is directed to rely on the existing
Individual Location Longley-Rice model as previously revised
with respect to analog signals and as recommended to Congress
in a December 2005 report required by SHVERA and to refine the
predictive model in the future as additional data becomes
available.
Until the Commission implements the digital predictive
model, it is the Committee's expectation and understanding that
satellite carriers have agreed not to qualify households as
unserved by reference to an analog Grade B television signal,
but instead to qualify households as unserved by reference to
procedures that reflect the ability of households to receive
digital over-the-air signals. The Committee expects and has
been assured repeatedly that satellite carriers will stand by
this commitment.
Section 4(b)(2) of the bill also requires the Commission to
complete a pending rulemaking concerning on-location testing of
a household's ability to receive an over-the-air digital
signal, within 180 days of the date of enactment of SHVRA.
Section 4(b)(2) of the bill also requires the Commission to
conduct a study and issue a report to Congress within one year
of the date of enactment to determine whether, for purposes of
identifying if a household is unserved by an adequate digital
signal, the Commission should revise the digital signal
strength standard or the testing procedures in its rules to
take into account the types of antennas available to and used
by consumers.
The Committee expects the Commission to consider the types
of antennae that are readily available for purchase by
consumers to receive the signals of local digital television
broadcast stations over the air. Just as there are some
households that, prior to the digital television transition,
could not receive analog signals over the air, so there are,
after the digital television transition, some households that
cannot receive digital signals over the air. The purpose of the
study and subsequent report to Congress is to provide Congress
with the information it may need to determine whether there is
a need to revise the existing standard for measuring a
household's ability to receive a distant network signal.
Section 5. Application pending completion of rulemaking
Section 5(a) of the bill states that between the date of
enactment of SHVRA and the adoption of rules by the Commission
pursuant to SHVRA, the Commission shall follow its rules and
regulations as in effect on the day before the date of
enactment of SHVRA. The Committee intends that, until the
Commission completes the rulemaking proceedings required by
SHVRA, the Commission's current rules shall continue to remain
in effect.
Section 5(b) of the bill states that for purposes of
determining whether a subscriber within the local market served
by a translator station or a low power television station
affiliated with a television network is eligible to receive
distant signals under section 339 of the Act, the 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.
Section 5(c) of the bill contains definitions.
Section 6. Process for issuing qualified carrier certification
Section 6 of the bill creates a new section 342 of the
Communications Act. The Committee on the Judiciary's companion
legislation to SHVRA establishes a process by which a federal
court will lift an injunction that prevents a satellite carrier
from using the distant signal compulsory copyright license once
the Commission determines that the satellite carrier provides
local-into-local service in all 210 DMAs in the United States.
Section 6 of the bill sets forth the requirements such a
satellite carrier must meet to obtain a certification of
compliance from the FCC. The satellite carrier may then present
the certificate to the court, which will lift the injunction.
In SHVIA, Congress, recognizing the capacity constraints
faced by satellite carriers, adopted a requirement that
satellite carriers provide the signal of all local broadcast
stations requesting carriage in a market when they provide at
least one such signal pursuant to the local-into-local
compulsory copyright license. In this way, satellite carriers
could decide in which DMAs they wanted to roll out local-into-
local service, and when.\12\
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\12\As of November 2009, DirecTV provides local service in 152
markets, and DISH Network provided local service in 182 markets. This
means that roughly 30 DMAs have no local-into-local service. See
footnotes 8 and 9, supra.
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The majority of DMAs that lack local service from a
satellite carrier are in rural areas, and many of these markets
do not have a full complement of local network affiliates.\13\
---------------------------------------------------------------------------
\13\As noted above, such markets are often referred to as ``short
markets.''
---------------------------------------------------------------------------
According to the satellite carriers, because these
communities are often sparsely populated and often lack a full
complement of local network affiliates, these areas are less
economic for satellite carriers to serve. Simply put, the cost
of providing local service in these areas cannot be supported
through the addition of new subscribers. Absent a financial or
regulatory incentive or a government mandate to extend local
service to these remote areas, many of these markets may never
receive local television service delivered by satellite.
DISH is currently the only satellite carrier barred from
using the distant signal compulsory copyright license to
retransmit any out-of-market network programming to any of its
subscribers. This is the result of a nationwide permanent
injunction issued by the United States Court of Appeals for the
Eleventh Circuit. The inability to offer distant network
programming makes it difficult for DISH to commence local-into-
local service in short markets because it cannot use the
distant signal license to offer out-of-market programming to
provide a missing local network affiliate. DISH has informed
the Committee that it would commit to offer local-into-local
service in all 210 DMAs if it were provided a mechanism by
which the company could seek to have the permanent injunction
lifted.
The Judiciary Committee's companion legislation establishes
a method by which DISH can seek a waiver of the permanent
injunction, subject to certain conditions and FCC
certification.
New section 342(a) of the bill directs the FCC to issue a
certification in compliance with 17 U.S.C. 119(g)(3)(A)(iii) if
the Commission determines: (1) that the requesting satellite
carrier is offering local-into-local service in all 210 DMAs in
the United States; (2) that the requesting satellite carrier's
satellite beams are designed to provide a good quality signal
to 90% of the households in each DMA in which the satellite
carrier is not offering local-into-local service as of the date
of enactment of SHVRA; and (3) that there is no material
evidence that there has been a satellite or sub-system failure
subsequent to the satellite's launch that precludes the ability
of the satellite carrier to meet the requirement to provide a
good quality signal to 90% of the households in each DMA in
which the satellite carrier is not offering local-into-local
service as of the date of enactment of SHVRA.
New section 342(b) of the bill sets forth the minimum
information that a requesting satellite carrier must provide to
the Commission when requesting a certification.
New section 342(c) of the bill sets forth the timeframe for
the Commission to seek comment on a request for certification
and to grant or deny the request.
New section 342(d) of the bill requires a satellite carrier
that receives a certification from the Commission to file an
affidavit 30 months after the certification is granted stating
that the satellite carrier is still in compliance with the
requirements for a qualified carrier.
New section 342(e) of the bill defines the terms used in
this section.
Section 7. Savings clause regarding definitions
Section 7 of the bill states that nothing in SHVRA shall be
construed to affect the definitions of ``program related'' and
``primary video'' in the Communications Act or any regulations
promulgated pursuant to that Act by the Commission. The purpose
of this language is to ensure that the treatment of multicast
signals in SHVRA and in the Judiciary Committee's companion
legislation have no effect, one way or the other, on ongoing
consideration by the Commission of policy issues relating to
multicast signals.
Section 8. Savings clause regarding use of non-compulsory licenses;
report
Section 8(a) of the bill states that nothing in SHVRA, the
Communications Act, or any Commission regulation shall limit
the ability of a satellite carrier and a copyright owner to
make contractual arrangements to retransmit programming
pursuant to an authorization granted by the copyright owner
outside of the purview of the distant or local signal
compulsory licenses. It is the Committee's understanding and
intent that section 8(a) is simply a restatement and
clarification of existing communications law, which does not
preclude parties with the requisite rights from entering into
agreements to retransmit programming outside of the compulsory
copyright license regime.
Section 8(b) directs the Commission to submit within one
year to the House Committee on Energy and Commerce and the
Senate Committee on Commerce, Science, and Transportation a
report on: (1) the number of households in a state that receive
local broadcast signals from stations with a community of
license located in a different state; (2) the extent to which
consumers have access to in-state broadcast programming; and
(3) whether alternatives exist to the use of DMAs for defining
local markets that would provide more consumers with in-state
broadcast programming.
The Committee notes that the problem of so-called
``orphan'' counties is one that receives significant
congressional attention during each Satellite Home Viewer Act
reauthorization cycle and is of concern to consumers located in
such counties. Orphan counties are counties assigned by The
Nielsen Company to a local market in which most of the other
counties in that DMA are located in a different state.
Households in these orphan counties may not be receiving
signals from in-state broadcast stations and therefore might
not be receiving news, sports, and public affairs programming
relevant to their state, though in some cases they are
receiving such programming. The Committee also notes that the
existing DMA system is critically interwoven with the
predominant broadcasting business model. As such, proposed
changes to that system deserve full exploration and careful
consideration.
In addition to quantifying the number of households in any
given state that receive local broadcast signals from a
different state, the Committee intends for the Commission to
consider alternatives that might provide such households with
more non-duplicating, ``in-state'' programming, such as in-
state news, public affairs, election coverage, weather, and
public service programming that is not available from in-market
stations. The study is not intended to facilitate carriage by
MVPDs of duplicating network and syndicated programming from
out-of-market stations that is already available to these
viewers through local stations. Rather, the focus of the FCC
study should be on options to provide these households with
non-duplicating programming that the consumer may consider more
relevant and ``local'' than the programming the DMA system
might otherwise assign to them.
The Committee is aware that cable systems in some areas
currently import non-duplicating, in-state news, weather, and
other local programming from out-of-market, in-state stations.
It appears, however, that satellite carriers typically do not.
The Commission should examine this issue.
Section 9. Nondiscrimination in carriage of high definition digital
signals of noncommercial educational television stations
Section 9(a) of the bill amends section 338(a) of the
Communications Act by adding a new section 338(a)(5). This new
section requires each satellite carrier that is not as of the
date of enactment of SHVRA party to a carriage contract with a
qualified noncommercial educational television station, or its
representative, and is retransmitting local signals in high
definition format in any local market before the date of
enactment of SHVRA, to provide the high definition signal of
qualified noncommercial educational television stations in each
such local market by December 31, 2011. New section
338(a)(5)(B) requires each satellite carrier not a party to
such a contract that launches high definition service in any
local market after the date of enactment of SHVRA to provide
immediately the high definition signals of all qualified
noncommercial educational television stations in that local
market. At the time SHVRA was passed by the Committee, DirecTV
was a party to such a carriage contract, but DISH was not.
Section 9(b) of the bill amends section 338(k) of the Act
to add definitions of ``eligible satellite carrier'' and
``qualified noncommercial educational television station''.
Explanation of Amendment
During full Committee markup on October 15, 2009, the
Committee adopted an amendment by Ms. Eshoo that addresses the
carriage of local public television broadcast signals in high
definition format by satellite carriers.
At the time SHVRA was passed by the Committee, satellite
carriage of local public television station signals in high
definition format was available on most, but not all MVPDs. For
example, the second largest DBS provider carries the signal of
local public television stations in high definition format in
only two markets, Alaska and Hawaii. Notably, in both states
such carriage is mandated by law.
Public television representatives have reached high
definition format carriage agreements with the cable industry,
Verizon and the largest DBS operator, DirecTV. Despite ongoing
efforts to reach agreement with all DBS operators, these
efforts have been unsuccessful. As a result, millions of
consumers do not have access to public broadcasting in high
definition format. The Committee believes this constitutes
discriminatory treatment of locally-owned and controlled
stations that serve their communities with high-quality, local,
educational, and cultural content. Absent a private agreement,
the Committee believes it is in the public interest for
Congress to require the carriage of local public television
programming in high definition format.
The amendment adopted by the Committee requires a satellite
carrier that is not a party to a carriage contract with a
qualified noncommercial educational station, or its
representative, to begin carrying the high definition format
signals of qualified noncommercial educational television
stations in at least 50% of the markets where it offers local
high definition format service by December 31, 2010, and in
100% of markets where it offers local high definition format
service by December 31, 2011. It further requires such a
satellite provider to carry the high definition format signal
of the qualified noncommercial educational television station
when it begins offering high definition format service in a
market on a prospective basis.
Given the Committee's strong preference for privately
negotiated carriage agreements, the amendment contains a
provision that nullifies the carriage requirement if there is a
contract between a qualified noncommercial educational
television station, or its representative, and an eligible
satellite carrier prior to final passage of the bill.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 325. FALSE DISTRESS SIGNALS; REBROADCASTING; STUDIOS OF FOREIGN
STATIONS.
(a) * * *
(b)(1) * * *
(2) This subsection shall not apply--
(A) * * *
* * * * * * *
(C) until [December 31, 2009] December 31, 2014, to
retransmission of the signals of network stations
directly to a home satellite antenna, if the subscriber
receiving the signal--
(i) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
(C) The Commission shall commence a rulemaking proceeding to
revise the regulations governing the exercise by television
broadcast stations of the right to grant retransmission consent
under this subsection, and such other regulations as are
necessary to administer the limitations contained in paragraph
(2). Such regulations shall--
(i) * * *
(ii) until [January 1, 2010] January 1, 2015,
prohibit a television broadcast station that provides
retransmission consent from engaging in exclusive
contracts for carriage or failing to negotiate in good
faith, and it shall not be a failure to negotiate in
good faith if the television broadcast station enters
into retransmission consent agreements containing
different terms and conditions, including price terms,
with different multichannel video programming
distributors if such different terms and conditions are
based on competitive marketplace considerations; and
(iii) until [January 1, 2010] January 1, 2015,
prohibit a multichannel video programming distributor
from failing to negotiate in good faith for
retransmission consent under this section, and it shall
not be a failure to negotiate in good faith if the
distributor enters into retransmission consent
agreements containing different terms and conditions,
including price terms, with different broadcast
stations if such different terms and conditions are
based on competitive marketplace considerations.
* * * * * * *
SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
(a) Carriage Obligations.--
(1) * * *
* * * * * * *
[(3) Effective date.--No satellite carrier shall be
required to carry local television broadcast stations
under paragraph (1) until January 1, 2002.]
* * * * * * *
(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:
(i) By December 31, 2010, in at least
50 percent of the markets in which such
satellite carrier provides such
secondary transmissions in high
definition.
(ii) By December 31, 2011, in every
market in which such satellite carrier
provides such secondary transmissions
in high definition.
(B) New initiation of service.--Each eligible
satellite carrier that initiates the provision,
under section 122 of title 17, United States
Code, of any secondary transmissions in high
definition to subscribers located within the
local market of a television broadcast station
of a primary transmission made by that station
after the date of enactment of this paragraph
shall carry the high-definition signals of all
qualified noncommercial educational television
stations located within that local market.
* * * * * * *
[(g) Carriage of Local Stations on a Single Dish.--
[(1) Single dish.--Each satellite carrier that
retransmits the analog signals of local television
broadcast stations in a local market shall retransmit
such analog signals in such market by means of a single
reception antenna and associated equipment.
[(2) Exception.--If the carrier retransmits signals
in the digital television service, the carrier shall
retransmit such digital signals in such market 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 for analog television service
signals.
[(3) Effective date.--The requirements of paragraphs
(1) and (2) of this subsection shall apply on and after
18 months after the date of enactment of the Satellite
Home Viewer Extension and Reauthorization Act of 2004.
[(4) Notice of disruptions.--A carrier that is
providing signals of a local television broadcast
station in a local market under this section on the
date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004 shall, not
later than 15 months after such date of enactment,
provide to the licensees for such stations and the
carrier's subscribers in such local market a notice
that displays prominently and conspicuously a clear
statement of--
[(A) any reallocation of signals between
different reception antennas and associated
equipment that the carrier intends to make in
order to comply with the requirements of this
subsection;
[(B) the need, if any, for subscribers to
obtain an additional reception antenna and
associated equipment to receive such signals;
and
[(C) any cessation of carriage or other
material change in the carriage of signals as a
consequence of the requirements of this
paragraph.]
(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).
* * * * * * *
(k) Definitions.--As used in this section:
(1) * * *
(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.
[(2)] (3) Local receive facility.--The term ``local
receive facility'' means the reception point in each
local market which a satellite carrier designates for
delivery of the signal of the station for purposes of
retransmission.
[(3)] (4) Local market.--The term ``local market''
has the meaning given that term under section 122( j)
of title 17, United States Code.
[(4)] (5) Low power television station.--The term
``low power television station'' means a low power
television station as defined under section 74.701(f)
of title 47, Code of Federal Regulations, as in effect
on June 1, 2004. For purposes of this paragraph, the
term ``low power television station'' includes a low
power television station that has been accorded primary
status as a Class A television licensee under section
73.6001(a) of title 47, Code of Federal Regulations.
(6) Qualified noncommercial educational television
station.--The term ``qualified noncommercial
educational television station'' has the meaning given
such term in section 615(l)(1) of this Act.
[(5)] (7) Satellite carrier.--The term ``satellite
carrier'' has the meaning given such term under section
119(d) of title 17, United States Code.
[(6)] (8) Secondary transmission.--The term
``secondary transmission'' has the meaning given such
term in section 119(d) of title 17, United States Code.
[(7)] (9) Subscriber.--The term ``subscriber'' has
the meaning given that term under section 122(j) of
title 17, United States Code.
[(8)] (10) Television broadcast station.--The term
``television broadcast station'' has the meaning given
such term in section 325(b)(7).
SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
CARRIERS.
(a) Provisions Relating to Carriage of Distant Signals.--
(1) Carriage permitted.--
(A) * * *
(B) Additional service.--In addition to
signals provided under subparagraph (A), any
satellite carrier may also provide service
under the statutory license of section 122 of
title 17, United States Code, 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. [Such
two network stations may be comprised of both
the analog signal and digital signal of not
more than two network stations.]
(2) Replacement of distant signals with local
signals.--Notwithstanding any other provision of
paragraph (1), the following rules shall apply after
the date of enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004:
(A) Rules for grandfathered subscribers [to
analog signals].--
(i) For those receiving distant
[analog] signals.--In the case of a
subscriber of a satellite carrier who
is eligible to receive the [analog]
signal of a network station solely by
reason of section 119(e) of title 17,
United States Code (in this
subparagraph referred to as a ``distant
[analog] signal''), and who, as of
[October 1, 2004] October 1, 2009, is
receiving the distant [analog] signal
of that network station, the following
shall apply:
(I) In a case in which the
satellite carrier makes
available to the subscriber the
[analog] 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 [analog] signal of a
station affiliated with the
same network to that
subscriber--
(aa) if, within 60
days after receiving
the notice of the
satellite carrier under
section 338(h)(1) of
this Act, the
subscriber elects to
retain the distant
[analog] signal; but
(bb) only until such
time as the subscriber
elects to receive such
local [analog] signal.
(II) Notwithstanding
subclause (I), the carrier may
not retransmit the distant
[analog] signal to any
subscriber who is eligible to
receive the [analog] signal of
a network station solely by
reason of section 119(e) of
title 17, United States Code,
unless such carrier, within 60
days after the date of the
enactment of the Satellite Home
Viewer Extension and
Reauthorization Act of 2004,
submits to that television
network the list and statement
required by subparagraph
(F)(i).
(ii) For those not receiving distant
[analog] signals.--In the case of any
subscriber of a satellite carrier who
is eligible to receive the distant
[analog] signal of a network station
solely by reason of section 119(e) of
title 17, United States Code, and who
did not receive a distant [analog]
signal of a station affiliated with the
same network on October 1, [2004] 2009,
the carrier may not provide the
secondary transmissions of the distant
[analog] signal of a station affiliated
with the same network to that
subscriber.
[(B) Rules for other subscribers to analog
signals.--In the case of a subscriber of a
satellite carrier who is eligible to receive
the analog signal of a network station under
this section (in this subparagraph referred to
as a ``distant analog 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
analog 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
analog signal of a station affiliate
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 analog signal of a
local network station pursuant to
section 338, the carrier may only
provide the secondary transmissions of
the distant analog signal of a station
affiliated with the same network to
that subscriber if--
[(I) that subscriber seeks to
subscribe to such distant
analog signal before the date
on which such carrier commences
to carry pursuant to section
338 the analog signals of
stations from the local market
of such local network station;
and
[(II) the satellite carrier,
within 60 days after such date,
submits to each television
network the list and statement
required by subparagraph
(F)(ii).]
(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--
(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 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.
(C) Future applicability.--A satellite
carrier may not provide a distant [analog]
signal (within the meaning of subparagraph (A)
or (B)) to a person who--
(i) is not a subscriber lawfully
receiving such secondary transmission
as of the date of the enactment of [the
Satellite Home Viewer Extension and
Reauthorization Act of 2004] the
Satellite Home Viewer Reauthorization
Act of 2009; and
[(ii) 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.]
(ii) either--
(I) at the time such person
seeks to subscribe to receive
such secondary transmission,
resides in a local market where
the satellite carrier makes
available to that person the
signal of a local network
station affiliated with the
same television network
pursuant to section 338, and
the retransmission of such
signal by such carrier can
reach such subscriber; or
(II) receives from the
satellite carrier the signal of
a network station affiliated
with the same network that is
broadcast by a local station in
the market where the subscriber
resides, but is not the local
station's primary video.
(D) Special rules for distant digital
signals.--
[(i) Eligibility.--In the case of a
subscriber of a satellite carrier who,
with respect to a local network
station--
[(I) is a subscriber whose
household is located outside
the coverage area of the analog
signal of such station as
predicted by the model
specified in subsection (c)(3)
of this section for the signal
intensity required under
section 73.683(a) of title 47
of the Code of Federal
Regulations, or a successor
regulation;
[(II) is in an unserved
household as determined under
section 119(d)(1)(A) of title
17, United States Code; or
[(III) is, after the date on
which the conditions required
by clause (vii) are met with
respect to such station,
determined under clause (vi) of
this subparagraph to be unable
to receive a digital signal of
such local network station that
exceeds the signal intensity
standard specified in such
clause;
such subscriber is eligible to receive
the digital signal of a distant network
station affiliated with the same
network under this section (in this
subparagraph referred to as a ``distant
digital signal'') subject to the
provisions of this subparagraph.
[(vi) Signal testing for digital
signals.--
[(I) A subscriber shall be
eligible for a distant digital
signal under clause (i)(III) 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, as in
effect on the date of enactment
of the Satellite Home Viewer
Extension and Reauthorization
Act of 2004.
[(II) Such test shall be
conducted, upon written request
for a digital signal strength
test by the subscriber to the
satellite carrier, within 30
days after the date the
subscriber submits such request
for the test. Such test shall
be conducted by a qualified and
independent person selected by
the satellite carrier and the
network station or stations, 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.
[(III) Unless the satellite
carrier and the network station
or stations otherwise agree,
the costs of conducting the
test shall be borne as follows:
[(aa) If the
subscriber is not
eligible for a distant
digital signal under
clause (i)(I) of this
subparagraph (by reason
of being outside of the
coverage area of the
analog signal), the
satellite carrier may
request the station
licensee for a waiver.
[(bb) If the licensee
agrees to a waiver, or
fails to respond to a
waiver request within
30 days, the subscriber
may receive such
distant digital signal.
[(cc) If the licensee
refuses to grant a
waiver, the subscriber
may request the
satellite carrier to
conduct the test.
[(dd) If the
satellite carrier
requests the test and--
[(AA) the
station's
signal is
determined to
exceed such
signal
intensity
standard, the
costs of the
test shall be
borne by the
satellite
carrier; and
[(BB) the
station's
signal is
determined to
not exceed such
signal
intensity
standard, the
costs of the
test shall be
borne by the
licensee.
[(ee) If the
satellite carrier does
not request the test,
or fails to respond
within 30 days, the
subscriber may request
the test be conducted
under the supervision
of the carrier, and the
costs of the test shall
be borne by the
subscriber in
accordance with
regulations prescribed
by the Commission. Such
regulations shall also
require the carrier to
notify the subscriber
of the typical costs of
such test.]
(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.
(ii) Pre-enactment distant [digital]
signal subscribers.--Any eligible
subscriber under this subparagraph who
is a lawful subscriber to such a
distant [digital] signal as of the date
of enactment of the [Satellite Home
Viewer Extension and Reauthorization
Act of 2004] Satellite Home Viewer
Reauthorization Act of 2009 may
continue to receive such distant
[digital] signal[, whether or not such
subscriber elects to subscribe to local
digital signals].
(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.
[(iii) Local-to-local analog
markets.--In a case in which the
satellite carrier makes available to an
eligible subscriber under this
subparagraph the analog signal of a
local network station pursuant to
section 338, the carrier may only
provide the distant digital signal of a
station affiliated with the same
network to that subscriber if--
[(I) in the case of any local
market in the 48 contiguous
States of the United States,
the distant digital 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;
[(II) in any local market,
the retransmission of the
distant digital signal of the
distant station occupies at
least the equivalent bandwidth
(as such term is defined by the
Commission under section
340(h)(4)) as the digital
signal broadcast by such
station; and
[(III) the subscriber
subscribes to the analog signal
of such local network station
within 60 days after such
signal is made available by the
satellite carrier, and adds to
or replaces such analog signal
with the digital signal from
such local network station
within 60 days after such
signal is made available by the
satellite carrier, except that
such distant digital signal may
continue to be provided to a
subscriber who cannot be
reached by the satellite
transmission of the local
digital signal.
[(iv) Local-to-local digital
markets.--After the date on which a
satellite carrier makes available the
digital signal of a local network
station, the carrier may not offer the
distant digital signal of a network
station affiliated with the same
television network to any new
subscriber to such distant digital
signal after such date, except that
such distant digital signal may be
provided to a new subscriber who cannot
be reached by the satellite
transmission of the local digital
signal.
[(v) Non-local-to-local markets.--
After the date of enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, if the
satellite carrier does not make
available the digital signal of a local
network station in a local market, the
satellite carrier may offer a new
subscriber after such date who is
eligible under this subparagraph a
distant digital signal from a station
affiliated with the same network and,
in the case of any local market in the
48 contiguous States of the United
States, 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, except that--
[(I) such carrier may
continue to provide such
distant digital signal to such
a subscriber after the date on
which the carrier makes
available the digital signal of
a local network station
affiliated with such network
only if such subscriber
subscribes to the digital
signal from such local network
station; and
[(II) the limitation
contained in subclause (I) of
this clause shall not apply to
a subscriber that cannot be
reached by the satellite
transmission of the local
digital signal.
[(vii) Trigger events for use of
testing.--A subscriber shall not be
eligible for a distant digital signal
under clause (i)(III) pursuant to a
test conducted under clause (vii)
until--
[(I) in the case of a
subscriber whose household is
located within the area
predicted to be served (by the
predictive model for analog
signals under subsection (b)(3)
of this section) by the signal
of a local network station and
who is seeking a distant
digital signal of a station
affiliated with the same
network as that local network
station--
[(aa) April 30, 2006,
if such local network
station is within the
top 100 television
markets and--
[(AA) has
received a
tentative
digital
television
service channel
designation
that is the
same as such
station's
current digital
television
service
channel; or
[(BB) has
been found by
the Commission
to have lost
interference
protection; or
[(bb) July 15, 2007,
for any other local
network stations, other
than translator
stations licensed to
broadcast on the date
of enactment of the
Satellite Home Viewer
Extension and
Reauthorization Act of
2004; or
[(II) in the case of a
translator station, 1 year
after the date on which the
Commission completes all
actions necessary for the
allocation and assignment of
digital television licenses to
television translator stations.
[(viii) Testing waivers.--Upon
request by a local network station, the
Commission may grant a waiver with
respect to such station to the
beginning of testing under clause
(vii), and prohibit subscribers from
receiving digital signal strength
testing with respect to such station.
Such a request shall be filed not less
than 5 months prior to the
implementation deadline specified in
such clause, and the Commission shall
act on such request by such
implementation deadline. Such a waiver
shall expire at the end of not more
than 6 months, except that a waiver may
be renewed upon a proper showing. The
Commission may only grant such a
request upon submission of clear and
convincing evidence that the station's
digital signal coverage is limited due
to the unremediable presence of one or
more of the following:
[(I) the need for
international coordination or
approvals;
[(II) clear zoning or
environmental legal
impediments;
[(III) force majeure;
[(IV) the station experiences
a substantial decrease in its
digital signal coverage area
due to necessity of using side-
mounted antenna;
[(V) substantial technical
problems that result in a
station experiencing a
substantial decrease in its
coverage area solely due to
actions to avoid interference
with emergency response
providers; or
[(VI) no satellite carrier is
providing the retransmission of
the analog signals of local
network stations under section
338 in the local market.
Under no circumstances may such a
waiver be based upon financial
exigency.
[(ix) Special waiver provision for
translators.--Upon request by a
television translator station, the
Commission may grant, for not more than
3 years, a waiver with respect to such
station to the beginning of testing
under clause (vii), and prohibit
subscribers from receiving digital
signal strength testing with respect to
such station, if the Commission
determines that the translator station
is not broadcasting a digital signal
due to one or more of the following:
[(I) frequent occurrence of
inclement weather; or
[(II) mountainous terrain at
the transmitter tower
location.]
[(x)] (iv) Savings provision.--
Nothing in this subparagraph shall be
construed to affect a satellite
carrier's obligations under section
338.
[(xi) Definition.--For purposes of
clause (viii), the term ``emergency
response providers'' means Federal,
State, or local governmental and
nongovernmental emergency public
safety, law enforcement, fire,
emergency response, emergency medical
(including hospital emergency
facilities), and related personnel,
organizations, agencies, or
authorities.]
(E) Authority to grant station-specific
waivers.--This paragraph shall not prohibit a
retransmission of a [distant analog signal or
distant digital signal (within the meaning of
subparagraph (A), (B), or (D))] 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.
* * * * * * *
(c) Eligibility for Retransmission.--
(1) * * *
* * * * * * *
[(3) Establishment of improved predictive model
required.--Within 180 days after the date of the
enactment of the Satellite Home Viewer Improvement Act
of 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, United States
Code. 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.]
(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--
(I) the results of the study
conducted under clause (i); and
(II) recommendations, if any,
regarding changes to be made to
Federal statutes or
regulations.
(4) Objective verification.--
[(A) In general.--If a subscriber's request
for a waiver under paragraph (2) is rejected
and the subscriber submits to the subscriber's
satellite carrier a request for a test
verifying the subscriber's inability to receive
a signal that meets the signal intensity
standard in effect under section 119(d)(10)(A)
of title 17, United States Code, 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,
United States Code, the subscriber shall not be
denied the retransmission of a signal of a
network station under section 119 of title 17,
United States Code.]
(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.
(B) Designation of tester and allocation of
costs.--If the satellite carrier and the
network station or stations asserting that the
retransmission is prohibited are unable to
agree on such a person to conduct the test, the
person shall be designated by an independent
and neutral entity designated by the Commission
by rule. Unless the satellite carrier and the
network station or stations otherwise agree,
the costs of conducting the test under this
paragraph shall be borne by the satellite
carrier, if the station's signal meets or
exceeds [the signal intensity standard in
effect under section 119(d)(10)(A) of title 17,
United States Code] such requisite signal
intensity standard, or by the network station,
if its signal fails to meet or exceed such
standard.
* * * * * * *
(E) 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 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 [Grade
B intensity] signal.
* * * * * * *
SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED.
(a) * * *
(b) Limitations.--
[(1) Analog service limited to subscribers taking
local-into-local service.--With respect to a signal
that originates as an analog signal of a network
station, this section shall apply only to
retransmissions to subscribers of a satellite carrier
who receive retransmissions of a signal that originates
as an analog signal of a local network station from
that satellite carrier pursuant to section 338.
[(2) Digital service limitations.--With respect to a
signal that originates as a digital signal of a network
station, this section shall apply only if--
[(A) the subscriber receives from the
satellite carrier pursuant to section 338 the
retransmission of the digital signal of a
network station in the subscriber's local
market that is affiliated with the same
television network; and
[(B) either--
[(i) the retransmission of the local
network station occupies at least the
equivalent bandwidth as the digital
signal retransmitted pursuant to this
section; or
[(ii) the retransmission of the local
network station is comprised of the
entire bandwidth of the digital signal
broadcast by such local network
station.]
(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.
* * * * * * *
(i) Definitions.--As used in this section:
(1) * * *
* * * * * * *
[(4) Bandwidth.--The terms ``equivalent bandwidth''
and ``entire bandwidth'' shall be defined by the
Commission by regulation, except that this paragraph
shall not be construed--
[(A) to prevent a satellite operator from
using compression technology;
[(B) to require a satellite operator to use
the identical bandwidth or bit rate as the
local or distant broadcaster whose signal it is
retransmitting;
[(C) to require a satellite operator to use
the identical bandwidth or bit rate for a local
network station as it does for a distant
network station;
[(D) to affect a satellite operator's
obligations under subsection (a)(1); or
[(E) to affect the definitions of ``program
related'' and ``primary video''.]
* * * * * * *
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) there is no material evidence that there
has been a satellite or sub-system failure
subsequent to the satellite's launch that
precludes the ability of the satellite carrier
to satisfy the requirements of subparagraph
(A).
(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.
(E) Any additional engineering, designated
market area, or other information the
Commission considers necessary to determine
whether the Commission shall grant a
certification under this section.
(c) Certification Issuance.--
(1) Public comment.--The Commission shall provide 30
days for public comment on a request for certification
under this section.
(2) Deadline for decision.--The Commission shall
grant or deny a request for certification within 90
days after the date on which such request is filed.
(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--
(I) the satellite carrier
treats all television broadcast
station's signals the same with
respect to statistical
multiplexer prioritization; and
(II) the number of video
signals in the relevant
satellite transponder is not
more than the then current
greatest number of video
signals carried on any
equivalent transponder serving
the top 100 designated market
areas.
(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.
* * * * * * *
MINORITY VIEWS
We, the undersigned Members of the Committee on Energy and
Commerce, submit the following comments on H.R. 2994 to express
our concerns with the amending language that mandates high-
definition carriage of public broadcasting stations.
Section 9 of the bill is designed to cajole the DISH
Network into carrying public broadcast stations in high-
definition format. Such congressional intervention is neither
necessary nor appropriate, as there is no market failure. We
note that the issue here is not DISH subscribers' access to
public broadcasting, as DISH carries public broadcasters in
standard definition. Moreover, most consumers can get public
television in high-definition format over-the-air, from a cable
operator, from a phone company, or from DirecTV.
DISH has chosen not to provide the public broadcast
programming in high definition. The company knows its needs and
business model better than the government. Carrying programming
in high definition as opposed to standard definition uses
additional capacity and has costs--costs that could be borne by
the consumer. For example, to carry public broadcasters in high
definition as well as in standard definition, DISH may need to
drop other programming that it believes its subscribers
prefer--such as sports programming, movies, or foreign language
programming. It may need to delay rollout of local-into-local
service in additional markets. By pushing DISH to carry public
broadcasting in high-definition format, the government is
making business decisions for DISH that may or may not be
sound.
Supporters of the bill argue that the provision does not
compel carriage, but rather allows DISH discretion. They
downplay, however, the level of compulsion. Section 9(a) adds
new Section 338(a)(5) to the Communications Act. New Section
338(a)(5) requires a satellite carrier--that (1) has not
entered into a carriage contract with a qualified,
noncommercial, educational television station by the date of
enactment and (2) that is providing other broadcast stations'
signals in high-definition format in a market under the local
compulsory copyright license as of the date of enactment--to
provide non-commercial stations' signals in high-definition
format in that market by December 31, 2011. New Section
338(a)(5)(B) requires a satellite carrier that has not entered
into such a carriage contract by the date of enactment and that
launches local high-definition service in any market after the
date of enactment must provide the high-definition signals of
all qualified, noncommercial, educational television stations
in that local market. At the time SHVRA was passed by the
Committee, DirecTV was a party to such a carriage contract, but
DISH was not. Section 9 was added by an amendment offered by
Ms. Eshoo and narrowly adopted by the Committee.
The provision allows DISH to escape the compelled carriage
by entering into a separate carriage agreement with public
broadcasters, but that is not the same thing as providing DISH
with discretion. Indeed, it appears the very aim of this
provision is to present certain disadvantageous consequences to
DISH in order to encourage it to enter into agreements it might
not otherwise accept. Such influence is all the more
unwarranted when one considers that DISH will be required to
carry public broadcasters in high definition in stages by 2013
anyway, in light of the digital carriage order the Federal
Communication Commission (FCC) issued in March 2008. (See In re
Carriage of Digital Television Broadcast Signals: Amendment to
Part 76 of the Commission's Rules, Second Report and Order, 23
FCC Rcd 5351 (2008).) The FCC established the schedule, taking
into account satellite carriers' capacity and technological
constraints, and DISH as well as DirecTV have been designing
their business and satellite launch plans around that
timetable. Advocates of this provision may argue that the FCC's
timetable has had the negative effect of discouraging DISH from
entering into a negotiated carriage deal with public
broadcasters any earlier than 2013. But that is more an
indictment of government intervention in video carriage
arrangements in the first place than justification for this
provision.
DISH should be given the flexibility to determine how best
to allocate its resources to serve its subscribers' needs.
Providers distinguish themselves in various ways with different
packages of content, and should be left to decide what segment
of the market to go after and how. If DISH makes a poor
business decision, consumers have many other options. We
therefore believe there is no reason for congressional
intervention, and oppose inclusion of Section 9.
Joe Barton.
Clifford Stearns.
Roy Blunt.
Lee Terry.
Steve Buyer.
Ralph M. Hall.
Ed Whitfield.
George Radanovich.
John Shimkus.
Nathan Deal.
Fred Upton.
Joseph R. Pitts.
John Sullivan.
John Shadegg.
Tim Murphy.
Marsha Blackburn.
Sue Myrick.
Michael Burgess.
Mary Bono Mack.
Phil Gingrey.
