Carriage of local television signals by satellite carriers
Carriage obligations
In general
Remedies for failure to carry
Low power station carriage optional
Carriage of signals of local stations in certain markets
Nondiscrimination in carriage of high definition signals of noncommercial educational television stations
Existing carriage of high definition signals
If, before the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier is providing, under section 122 of title 17, any secondary transmissions in high definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the signals in high-definition format of qualified noncommercial educational television stations located within that local market in accordance with the following schedule:
By
By
New initiation of service
Good signal required
Costs
Regulations
Duplication not required
Commercial stations
Noncommercial stations
Channel positioning
Compensation for carriage
Remedies
Complaints by broadcast stations
Opportunity to respond
Remedial actions; dismissal
Carriage of local stations on a single reception antenna
Single reception antenna
Additional reception antenna
Additional notices to subscribers, networks, and stations concerning signal carriage
Notices to and elections by subscribers concerning grandfathered signals
Any carrier that provides a distant signal of a network station to a subscriber pursuant 2
within 60 days after the local signal of a network station of the same television network is available pursuant to section 338 of this title, or within 60 days after
offering to substitute the local network signal for the duplicating distant network signal; and
informing the subscriber that, if the subscriber fails to respond in 60 days, the subscriber will lose the distant network signal but will be permitted to subscribe to the local network signal; and
if the subscriber—
elects to substitute such local network signal within such 60 days, switch such subscriber to such local network signal within 10 days after the end of such 60-day period; or
fails to respond within such 60 days, terminate the distant network signal within 10 days after the end of such 60-day period.
Notice to station licensees of commencement of local-into-local service
Notice required
Contents of commencement notice
The notice required by such regulations shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage—
of the carrier’s intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier’s proposed local receive facility for that local market;
of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b) of this title;
that such licensee has 30 days from the date of the receipt of such notice to make such election; and
that failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under section 325 of this title.
Transmission of notices
Privacy rights of satellite subscribers
Notice
At the time of entering into an agreement to provide any satellite service or other service to a subscriber and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of—
the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;
the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;
the period during which such information will be maintained by the satellite carrier;
the times and place at which the subscriber may have access to such information in accordance with paragraph (5); and
the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations.
In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice shall be provided within 180 days of such date and at least once a year thereafter.
Definitions
For purposes of this subsection, other than paragraph (9)—
the term “personally identifiable information” does not include any record of aggregate data which does not identify particular persons;
the term “other service” includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and
the term “satellite carrier” includes, in addition to persons within the definition of satellite carrier, any person who—
is owned or controlled by, or under common ownership or control with, a satellite carrier; and
provides any wire or radio communications service.
Prohibitions
Consent to collection
Exceptions
A satellite carrier may use such facilities to collect such information in order to—
obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; or
detect unauthorized reception of satellite communications.
Disclosure
Consent to disclosure
Exceptions
A satellite carrier may disclose such information if the disclosure is—
necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber;
subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed;
a disclosure of the names and addresses of subscribers to any satellite service or other service, if—
the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; and
the disclosure does not reveal, directly or indirectly, the—
extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or
the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; or
to a government entity as authorized under chapter 119, 121, or 206 of title 18, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier.
Access by subscriber
Destruction of information
Penalties
Any person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action in a United States district court. The court may award—
actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;
punitive damages; and
reasonable attorneys’ fees and other litigation costs reasonably incurred.
The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber.
Rule of construction
Court orders
Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order—
such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and
the subject of the information is afforded the opportunity to appear and contest such entity’s claim.
Regulations by Commission
Definitions
As used in this section:
Distributor
Eligible satellite carrier
The term “eligible satellite carrier” means any satellite carrier that is not a party to a carriage contract that—
governs carriage of at least 30 qualified noncommercial educational television stations; and
is in force and effect within 150 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010.
Local receive facility
Local market
Low power television station
Qualified noncommercial educational television station
The term “qualified noncommercial educational television station” means any full-power television broadcast station that—
under the rules and regulations of the Commission in effect on
has as its licensee an entity that is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of this title.
Satellite carrier
Secondary transmission
Subscriber
Television broadcast station
Market determinations
In general
Considerations
In considering requests filed under paragraph (1), the Commission—
may determine that particular communities are part of more than one local market; and
shall afford particular attention to the value of localism by taking into account such factors as—
whether the station, or other stations located in the same area—
have been historically carried on the cable system or systems within such community; or
have been historically carried on the satellite carrier or carriers serving such community;
whether the television station provides coverage or other local service to such community;
whether modifying the local market of the television station would promote consumers’ access to television broadcast station signals that originate in their State of residence;
whether any other television station that is eligible to be carried by a satellite carrier in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and
evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community.
Carriage of signals
Carriage obligation
Deletion of signals
Determinations
No effect on eligibility to receive distant signals
Source
(June 19, 1934, ch. 652, title III, § 338, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)],Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 2004 Amendment
Market Modification Process
who may petition to include additional communities within, or exclude communities from, a—
local market (as defined in section 122(j) of title 17, United States Code); or
television market (as determined under section 614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 534(h)(1)(C))); and
the factors that the Commission takes into account when responding to a petition described in paragraph (1).”
Implementation
Deadline for regulations.—
Not later than 9 months after the date of the enactment of this Act [
Matters for consideration.—
As part of the rulemaking required by paragraph (1), the Commission shall ensure that procedures for the filing and consideration of a written request under sections 338(l) and 614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 338(l); 534(h)(1)(C)) fully effectuate the purposes of the amendments made by this section, and update what it considers to be a community for purposes of a modification of a market under section 338(l) or 614(h)(1)(C) of the Communications Act of 1934.”
Local Network Channel Broadcast Reports
Requirement.—
In general.—
On the 270th day after the date of the enactment of this Act [
each local market in which it—
retransmits signals of 1 or more television broadcast stations with a community of license in that market;
has commenced providing such signals in the preceding 1-year period; and
has ceased to provide such signals in the preceding 1-year period; and
detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
Termination.—
The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph.
Definitions.—
In this section—
the terms ‘local market’ and ‘satellite carrier’ have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and
the term ‘television broadcast station’ has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)).”
Application Pending Completion of Rulemakings
In General.—
During the period beginning on the date of the enactment of this Act [deemed to refer to
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 the Communications Act of 1934, the rules and regulations of the Federal Communications Commission for determining such subscriber’s eligibility as in effect on the day before the date of the enactment of this Act shall apply until the date on which the translator station or low power television station is licensed to broadcast a digital signal.
Definitions.—
As used in this subtitle [title II of Pub. L. 111–175 does not contain subtitles]:
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 [47 U.S.C. 338(k)].
Network station; television network.—
The terms ‘network station’ and ‘television network’ have the meanings given such terms in section 339(d) of such Act [47 U.S.C. 339(d)].”
Reports
DEFINITION.
LOCAL NETWORK CHANNEL BROADCAST REPORTS.
Requirement.—
In general.—
On the 270th day after the date of the enactment of this Act [deemed to refer to
each local market in which it—
retransmits signals of 1 or more television broadcast stations with a community of license in that market;
has commenced providing such signals in the preceding 1-year period; and
has ceased to provide such signals in the preceding 1-year period; and
detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
Termination.—
The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph.
FCC Study; Report.—
Study.—
If no satellite carrier files a request for a certification under section 342 of the Communications Act of 1934 [47 U.S.C. 342] (as added by section 206 of this title) within 270 days after the date of the enactment of this Act, the Federal Communications Commission shall initiate a study of—
incentives that would induce a satellite carrier to provide the signals of 1 or more television broadcast stations licensed to provide signals in local markets in which the satellite carrier does not provide such signals; and
the economic and satellite capacity conditions affecting delivery of local signals by satellite carriers to these markets.
Report.—
Within 1 year after the date of the initiation of the study under paragraph (1), the Federal Communications Commission shall submit a report to the appropriate Congressional committees containing its findings, conclusions, and recommendations.
Definitions.—
In this section—
the terms ‘local market’ and ‘satellite carrier’ have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and
the term ‘television broadcast station’ has the meaning given such term in section 325(b)(7) of such Act (47 U.S.C. 325(b)(7)).”
Rural Local Television Signals
SHORT TITLE.
LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED MARKETS.
In General.—
Not later than 1 year after the date of the enactment of this Act [
Rules.—
Form of business.—
To the extent not inconsistent with the Communications Act of 1934 [47 U.S.C. 151 et seq.] and the Commission’s rules, the Commission shall permit applicants under subsection (a) to engage in partnerships, joint ventures, and similar operating arrangements for the purpose of carrying out subsection (a).
Harmful interference.—
The Commission shall ensure that no facility licensed or authorized under subsection (a) causes harmful interference to the primary users of that spectrum or to public safety spectrum use.
Limitation on commission.—
Except as provided in paragraphs (1) and (2), the Commission may not restrict any entity granted a license or other authorization under subsection (a) from using any reasonable compression, reformatting, or other technology.
Report.—
Not later than
an analysis of the extent to which local signals are being provided by direct-to-home satellite television providers and by other multichannel video program distributors;
an enumeration of the technical, economic, and other impediments each type of multichannel video programming distributor has encountered; and
recommendations for specific measures to facilitate the provision of local signals to subscribers in unserved and underserved markets by direct-to-home satellite television providers and by other distributors of multichannel video programming service.”