Home > 106th Congressional Bills > H.R. 852 (ih) To require the Department of Agriculture to establish an electronic [Introduced in House] ...H.R. 852 (ih) To require the Department of Agriculture to establish an electronic [Introduced in House] ...
delivering a good quality signal to the local receive facility of the
satellite carrier.
``(f) Remedies.--
``(1) Complaints by broadcast stations.--Whenever a local
television broadcast station believes that a satellite carrier
has failed to meet its obligations under this section, such
station shall notify the carrier, in writing, of the alleged
failure and identify its reasons for believing that the
satellite carrier is obligated to carry upon request the signal
of such station or has otherwise failed to comply with other
requirements of this section. The satellite carrier shall,
within 30 days of such written notification, respond in writing
to such notification and either begin carrying the signal of
such station in accordance with the terms requested or state
its reasons for believing that it is not obligated to carry
such signal or is in compliance with other requirements of this
section, as the case may be. A local television broadcast
station that is denied carriage in accordance with this section
by a satellite carrier or is otherwise harmed by a response by
a satellite carrier that it is in compliance with other
requirements of this section may obtain review of such denial
or response by filing a complaint with the Commission. Such
complaint shall allege the manner in which such satellite
carrier has failed to meet its obligations and the basis for such
allegations.
``(2) Opportunity to respond.--The Commission shall afford
the satellite carrier against which a complaint is filed under
subparagraph (A) an opportunity to present data and arguments
to establish that there has been no failure to meet its
obligations under this section.
``(3) Remedial actions; dismissal.--Within 120 days after
the date a complaint is filed under subparagraph (A), the
Commission shall determine whether the satellite carrier has
met its obligations under this chapter. If the Commission
determines that the satellite carrier has failed to meet such
obligations, the Commission shall order the satellite carrier,
in the case of an obligation to carry a station, to begin
carriage of the station and to continue such carriage for at
least 12 months, or, in the case of the failure to meet other
obligations under this section, shall take other appropriate
remedial action. If the Commission determines that the
satellite carrier has fully met the requirements of this
chapter, the Commission shall dismiss the complaint.
``(g) Regulations by Commission.--Within 180 days after the date of
enactment of this section, the Commission shall, following a rulemaking
proceeding, issue regulations implementing this section.
``(h) Definitions.--As used in this section:
``(1) Subscriber.--The term `subscriber' means an entity
that receives a secondary transmission service by means of a
secondary transmission from a satellite and pays a fee for the
service, directly or indirectly, to the satellite carrier or to
a distributor.
``(2) Distributor.--The term `distributor' means an entity
which contracts to distribute secondary transmissions from a
satellite carrier and, either as a single channel or in a
package with other programming, provides the secondary
transmission either directly to individual subscribers or
indirectly through other program distribution entities.
``(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.
``(4) Television broadcast station.--The term `television
broadcast station' has the meaning given such term in section
325(b)(7).
``(5) Secondary transmission.--The term `secondary
transmission' has the meaning given such term in section 119(c)
of title 17, United States Code.''.
SEC. 103. NONDUPLICATION OF PROGRAMMING BROADCAST BY LOCAL STATIONS.
Section 712 of the Communications Act of 1934 (47 U.S.C. 612) is
amended to read as follows:
``SEC. 712. NONDUPLICATION OF PROGRAMMING BROADCAST BY LOCAL STATIONS.
``(a) Extension of Network Nonduplication, Syndicated Exclusivity,
and Sports Blackout to Satellite Retransmission.--Within 45 days after
the date of enactment of the Satellite Competition and Consumer
Protection Act, the Commission shall commence a single rulemaking
proceeding to establish regulations that apply network nonduplication
protection, syndicated exclusivity protection, and sports blackout
protection to the retransmission of broadcast signals by satellite
carriers to subscribers. To the extent possible consistent with
subsection (b), such regulations shall provide the same degree of
protection against retransmission of broadcast signals as is provided
by the network nonduplication (47 C.F.R. 76.92), syndicated exclusivity
(47 C.F.R. 151), and sports blackout (47 C.F.R. 76.67) rules applicable
to cable television systems. The Commission shall complete all actions
necessary to prescribe regulations required by this section so that the
regulations shall become effective within 1 year after such date of
enactment.
``(b) Establishment of Network Nonduplication Boundaries.--
``(1) Establishment of signal standard for network
nonduplication required.--The Commission shall establish a
signal intensity standard for purposes of determining the
network nonduplication rights of local television broadcast
stations. Until revised pursuant to subsection (c), such
standard shall be the Grade B field strength standard
prescribed by the Commission in section 73.683 of the
Commission's regulations (47 C.F.R. 73.683). For purposes of
this section, the standard established under this paragraph is
referred to as the `Network Nonduplication Signal Standard'.
``(2) Establishment of improved predictive model
required.--Within 180 days after the date of enactment of the
Satellite Competition and Consumer Protection Act, 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 Network Nonduplication Signal
Standard. In prescribing such model, the Commission shall
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. For purposes of this section, such model is
referred to as the `Network Nonduplication Reception Model',
and the area encompassing locations that are predicted to have
the ability to receive such a signal of a particular broadcast
station is referred to as that station's `Reception Model
Area'.
``(3) Network nonduplication.--The network nonduplication
regulations required under subsection (a) shall allow a
television network station to assert nonduplication rights as
follows:
``(A) If a satellite carrier is retransmitting that
station, or any other television broadcast stations
located in the same local market, to subscribers
located in that station's local market, the television
network station may assert nonduplication rights
against the satellite carrier throughout the area
within which that station may assert such rights under
the rules applicable to cable television systems (47
C.F.R. 76.92), except as provided in subparagraph (C).
``(B) If a satellite carrier is not retransmitting
any television broadcast stations located in the
television network station's local market to
subscribers located in such market, the television
network station may assert nonduplication rights
against the satellite carrier in the geographic area
that is within such station's Reception Model Area, but
such geographic area shall not extend beyond the local
market of such station.
``(C) If there are 2 or more television network
stations that are each affiliates of a single
television network within the same local market,
neither such station may assert under subparagraph (A)
nonduplication rights against a satellite carrier in an
area that is outside the Reception Model Area of that
station.
``(4) Waivers.--The network nonduplication protection
described in paragraph (3) shall not apply to a subscriber who
files with the satellite carrier a written waiver with respect
to that subscriber obtained from a television network station
allowing the subscriber to receive satellite retransmission of
another network station affiliated with that same network. The
television network station shall accept or reject a
subscriber's request for a waiver within 30 days after receipt
of the request. The television network station and the
satellite carrier shall maintain a file available to the public
that contains such waiver requests and the acceptances and
rejections thereof.
``(5) Objective verification.--If a subscriber submits a
petition to the Commission or an entity designated by the
Commission by rule--
``(A) that alleges that such subscriber does not
receive a signal that meets or exceeds the Network
Nonduplication Signal Standard; and
``(B) includes a processing fee in an amount
prescribed by regulation to recover the cost of
administering the provisions of this paragraph;
the network nonduplication rights described in paragraph (3)
shall not apply to that subscriber unless such station submits
to the Commission or such entity and to the subscriber 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, or any successor regulation,
demonstrating that the subscriber receives a signal that meets
or exceeds the Network Nonduplication Signal Standard. A
subscriber is required to file a waiver request under paragraph
(4) before filing a petition under this paragraph. A subscriber
may not be required to bear any portion of the cost of such
test.
``(6) Recreational vehicle location.--In the case of a
subscriber to a satellite carrier who has installed satellite
reception equipment in a recreational vehicle, and who has
permitted any television network station seeking to assert
network nonduplication rights to verify the motor vehicle
registration, license, and proof of ownership of such vehicle,
the subscriber shall be considered to be outside the local
market and Reception Model Area of such station. For purposes
of this paragraph, the term `recreational vehicle' does not
include any residential manufactured home, as defined in
section 603(6) of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C.
5402(6)).
``(c) Review and Revision of Standards and Model.--
``(1) Ongoing inquiry required.--Not later than 2 years
after the date of enactment of the Satellite Competition and
Consumer Protection Act, the Commission shall conduct an
inquiry of the extent to which the Network Nonduplication
Signal Standard, the Network Nonduplication Reception Model,
and the Reception Model Areas of television stations are
adequate to reliably measure the ability of consumers to
receive an acceptable over-the-air television broadcast signal.
``(2) Data to be considered.--In conducting the inquiry
required by paragraph (1), the Commission shall consider as
evidence that consumers are not receiving a signal of the
quality described in such paragraph--
``(A) the number of subscribers requesting waivers
under subsection (b)(4), and the number of waivers that
are denied;
``(B) the number of subscribers submitting
petitions under subsection (b)(5), and the number of
such petitions that are granted;
``(C) the results of any consumer research study
that may be undertaken to carry out the purposes of
this section; and
``(D) the extent to which consumers are not legally
entitled to install broadcast reception devices assumed
in the Commission's standard.
``(3) Report and action.--The Commission shall submit to
the Congress a report on the inquiry required by this
subsection not later than the end of the 2-year period
described in paragraph (1). The Commission shall complete any
actions necessary to revise the Network Nonduplication Signal
Standard, the Network Nonduplication Reception Model, and the
Reception Model Areas of television stations in accordance with
the findings of such inquiry not later than 6 months after the
end of such 2-year period.
``(4) Data submission.--The Commission shall prescribe by
rule the data required to be submitted by television broadcast
stations and by satellite carriers to the Commission or such
designated entity to carry out this subsection, and the format
for submission of such data.''.
SEC. 104. CONSENT OF MEMBERSHIP TO RETRANSMISSION OF PUBLIC
BROADCASTING SERVICE SATELLITE FEED.
Section 396 of the Communications Act of 1934 (47 U.S.C. 396) is
amended by adding at the end the following new subsection:
``(n) The Public Broadcasting Service shall certify to the Board on
an annual basis that a majority of its membership supports or does not
support the secondary transmission of the Public Broadcasting Service
satellite feed, and provide notice to each satellite carrier carrying
such feed of such certification.''.
SEC. 105. INQUIRY ON RURAL SERVICE REQUIRED.
(a) Inquiry Required.--Within 180 days after the enactment of this
section, the National Telecommunications and Information Administration
shall complete an inquiry into the availability of local television
broadcast signals in small and rural markets as part of a service that
competes with, or supplements, video programming delivered by satellite
carriers or cable operators. The Administration shall submit to the
Committee on Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
results of such inquiry.
(b) Analysis Required.--The inquiry under subsection (a) shall
include an analysis of--
(1) the technological capability of dual satellite dish
technology to receive effectively over-the-air broadcast
transmissions from the local market, the availability of such
capability in small and rural markets and the affordability of
such capability;
(2) the technological capability (including interference),
availability, and affordability of wireless cable (or
terrestrial wireless) delivery of local broadcast stations,
including the feasibility and desirability of the expedited
licensing of such competitive wireless technologies for rural
and small markets; and
(3) the technological capability, availability, and
affordability of a broadcast-only basic tier of cable service.
SEC. 106. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating--
(A) paragraphs (49) through (52) as paragraphs (52)
through (55), respectively;
(B) paragraphs (39) through (48) as paragraphs (41)
through (50), respectively; and
(C) paragraphs (27) through (38) as paragraph (28)
through (39), respectively;
(2) by inserting after paragraph (26) the following new
paragraph:
``(27) Local market.--
``(A) In general.--The term `local market', in the
case of both commercial and noncommercial television
broadcast stations, means the designated market area in
which a station is located, and--
``(i) in the case of a commercial
television broadcast station, all commercial
television broadcast stations licensed to a
community within the same designated market
area are within the same local market; and
``(ii) in the case of a noncommercial
educational television broadcast station, the
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