Home > 106th Congressional Bills > H.R. 1028 (ih) To direct the Administrator of the Small Business Administration to redesignate the branch office of the Administration located in Melville, New York, as a district office. [Introduced in House] ...H.R. 1028 (ih) To direct the Administrator of the Small Business Administration to redesignate the branch office of the Administration located in Melville, New York, as a district office. [Introduced in House] ...
television broadcast station to assert nonduplication rights--
(A) against a satellite carrier throughout that
station's local market if that satellite carrier is
retransmitting that station pursuant to section 122 of
title 17, United States Code, or other television
broadcast stations located in the same local market
pursuant to section 122 of title 17, United States
Code, except for television broadcast stations located
in that same market that are affiliated with the same
network as the station, to subscribers located in that
station's local market; or
(B) against a satellite carrier retransmitting
television broadcast stations pursuant to section 119
of title 17, United States Code, in the geographic area
in which the signal of that television broadcast
station is of Grade B intensity as defined by the
Federal Communications Commission on March 1, 1999, in
section 73.683(a) of title 47, Code of Federal
Regulations, based upon the Individually Located
Longley-Rice methodology described by the Federal
Communications Commission in its Docket No. 98-201, but
such geographic area shall not extend beyond the local
market of such station.
If a subscriber's network service is terminated as a result of
network nonduplication protection asserted by a local network
television broadcast station under subparagraph (B), or as a
result of the provisions of section 119 of title 17, United
States Code, the satellite carrier shall provide to the
subscriber free of charge an over-the-air television broadcast
receiving antenna that will provide the subscriber with an
over-the-air signal of Grade B intensity for those network
stations that were terminated as a result of subparagraph (B).
(3) Waivers.--(A) The network nonduplication protection
described in paragraph (2)(b) shall not apply to a subscriber
located in the geographic area that is identified by the
Individually Located Longley-Rice methodology described by the
Federal Communications Commission in its Docket No. 98-201 who
files with the satellite carrier a written waiver with respect
to that subscriber's household obtained from the network
station whose local market is in that geographic area, allowing
the subscriber to receive satellite service of another network
station affiliated with that same network. The local network
station and the satellite carrier shall maintain a file
available to the public that contains such waiver.
(B) If a subscriber within the local market of a network
station petitions the Federal Communications Commission with
the written findings and conclusions of a test conducted in
accordance with the provisions of section 73.686(d) of title
47, Code of Federal Regulations, as in effect on March 1, 1999,
demonstrating that the household in which the subscriber
resides does not receive an over-the-air signal of the network
station of Grade B intensity, the network station shall have 30
days in which to file with the Commission an objection to the
petition. If the network station does not file a timely
objection, then the station may not assert network
nonduplication protection described in paragraph (2)(B) with
respect to that subscriber's household. If the station does
file a timely objection, then the Commission shall have 120
days in which to determine the sufficiency of the subscriber's
petition. If the Commission determines that the petition is
sufficient, then The network nonduplication protection
described in paragraph (2)(B) shall not apply to that
subscriber's household.
(4) Interim provisions.--Until the Federal Communications
Commission issues regulations under paragraphs (1) and (3), no
subscriber whose household is located outside the Grade A
contour of a network station shall have his or her satellite
service of another network station affiliated with that same
network terminated as a result of the provisions of section 119
of title 17, United States Code.
(5) Local market defined.--The term ``local market'' has
the meaning provided in section 337(h) of the Communications
Act of 1934, as added by section 3 of this Act.
(b) Deferred Applicability of Amendments to Section 119 of Title
17, United States Code.--Notwithstanding the amendments to section 119
of title 17, United States Code, made by this Act, until the
regulations regarding network nonduplication protection are established
under subsection (a), the statutory license under subsection (a) of
such section 119 for secondary transmissions of primary transmissions
of programming contained in a primary transmission made by a network
station (as defined in section 119(d) of title 17, United States Code,
as in effect on the day before the effective date of this Act) shall be
limited to secondary transmissions to persons who reside in unserved
households (as defined in section 119(d) of title 17, United States
Code, as in effect on the day before the effective date of this Act).
SEC. 11. STUDY ON TECHNICAL AND ECONOMIC IMPACT OF MUST-CARRY ON
DELIVERY OF LOCAL SIGNALS.
Not later than July 1, 2000, the Register of Copyrights and the
Federal Communications Commission shall submit to the Congress a joint
report that sets forth in detail their findings and conclusions with
respect to the technical feasibility of imposing the requirements of
section 337 of the Communications Act of 1934 on satellite carriers
that deliver local signals, and the technical and economic impact of
such section on the ability of satellite carriers to serve multiple
television markets with retransmission of local television broadcast
stations. In preparing this report, the Register of Copyrights and the
Commission shall give particular consideration to how section 337 of
the Communications Act of 1934 affects the technical limitations and
economic incentives for satellite retransmissions of local television
broadcast signals in television markets other than the 100 largest
television markets in the United States (as determined by the Nielsen
Media Research and published in the DMA Market and Demographic Report).
SEC. 12. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
July 1, 1999, except that--
(1) the amendments made by section 5 shall take effect on
the date of the enactment of this Act; and
(2) the amendment made by section 6(1)(B)(ii) shall take
effect on the date that is 1 year after the date of the
enactment of this Act.
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |