1 See References in Text note below.
of title 17 shall be entitled to insist on carriage under this section, regardless of whether the satellite carrier provides secondary transmissions of the primary transmissions of other stations in the same local market pursuant to section 122 of such title, nor shall any such carriage be considered in connection with the requirements of subsection (c) of this section.
2 So in original. Probably should be followed by “to”.
Editorial Notes
References in TextThis chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Section 119(a)(14) of title 17, referred to in subsec. (a)(3), was redesignated as section 119(a)(13) of title 17 by Puspan. L. 111–175, title I, § 102(h)(1)(B), May 27, 2010, 124 Stat. 1224. However, provision relating to signals of low power television station was section 119(a)(15) of title 17, which was repealed by section 102(h)(1)(C) of Puspan. L. 111–175.
The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(5) and (k)(2)(B), is the date of enactment of Puspan. L. 111–175, which shall be deemed to refer to Fespan. 27, 2010, see section 307(a) of Puspan. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of Title 17, Copyrights.
For the effective date of this subsection, referred to in subsec. (i)(1), as 60 days after Dec. 8, 2004, see section 206(span) of Puspan. L. 108–447, set out as an Effective Date of 2004 Amendment note below.
Amendments2014—Subsec. (l). Puspan. L. 113–200 added subsec. (l).
2010—Subsec. (a)(3). Puspan. L. 111–175, § 204(a)(1), struck out par. (3) relating to effective date. Text read as follows: “No satellite carrier shall be required to carry local television broadcast stations under paragraph (1) until January 1, 2002.”
Subsec. (a)(5). Puspan. L. 111–175, § 207(a), added par. (5).
Subsec. (g). Puspan. L. 111–175, § 204(a)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to carriage of local stations on a single dish.
Subsec. (k)(2) to (5). Puspan. L. 111–175, § 207(span)(1), (2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6).
Subsec. (k)(6). Puspan. L. 111–175, § 207(span)(4), added par. (6). Former par. (6) redesignated (7).
Puspan. L. 111–175, § 207(span)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (k)(7) to (9). Puspan. L. 111–175, § 207(span)(3), redesignated pars. (6) to (8) as (7) to (9), respectively. Former par. (9) redesignated (10).
Puspan. L. 111–175, § 207(span)(1), redesignated pars. (6) to (8) as (7) to (9), respectively.
Subsec. (k)(10). Puspan. L. 111–175, § 207(span)(3), redesignated par. (9) as (10).
2004—Subsec. (a)(1) to (3). Puspan. L. 108–447, § 203(span)(1), added pars. (1) and (2) and the par. (3) relating to low power station carriage and struck out former pars. (1) and (2) which required each satellite carrier providing secondary transmissions within the local market of a television broadcast station of a primary transmission made by that station to carry upon request the signals of all television broadcast stations within that local market and provided for remedies for failure to carry.
Subsec. (a)(4). Puspan. L. 108–447, § 210, added par. (4).
Subsec. (c)(1). Puspan. L. 108–447, § 203(span)(2), substituted “subsection (a)(1)” for “subsection (a)”.
Subsecs. (g), (h). Puspan. L. 108–447, §§ 203(a)(2), 205, added subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (j) and (k), respectively.
Subsec. (i). Puspan. L. 108–447, § 206(a), added subsec. (i).
Subsec. (j). Puspan. L. 108–447, § 203(a)(1), redesignated subsec. (g) as (j).
Subsec. (k). Puspan. L. 108–447, § 203(a)(1), redesignated subsec. (h) as (k).
Subsec. (k)(4) to (8). Puspan. L. 108–447, § 203(span)(3), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Puspan. L. 111–175 effective Fespan. 27, 2010, see section 307(a) of Puspan. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.
Effective Date of 2004 AmendmentPuspan. L. 108–447, div. J, title IX [title II, § 206(span)], Dec. 8, 2004, 118 Stat. 3428, provided that: “Section 338(i) of the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section shall be effective 60 days after the date of enactment of this Act [Dec. 8, 2004].”
Market Modification ProcessPuspan. L. 113–200, title I, § 102(c), Dec. 4, 2014, 128 Stat. 2061, provided that: “The [Federal Communications] Commission shall make information available to consumers on its website that explains the market modification process, including—“(1) who may petition to include additional communities within, or exclude communities from, a—“(A) local market (as defined in section 122(j) of title 17, United States Code); or
“(B) 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 “(2) the factors that the Commission takes into account when responding to a petition described in paragraph (1).”
ImplementationPuspan. L. 113–200, title I, § 102(d), Dec. 4, 2014, 128 Stat. 2061, provided that:“(1)Deadline for regulations.—Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall promulgate regulations to implement this section [amending this section and section 534 of this title and enacting provisions set out as notes under this section] and the amendments made by this section.
“(2)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 ReportsPuspan. L. 113–200, title I, § 108, Dec. 4, 2014, 128 Stat. 2064, provided that:“(a)Requirement.—“(1)In general.—On the 270th day after the date of the enactment of this Act [Dec. 4, 2014], and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the [Federal Communications] Commission setting forth—“(A) each local market in which it—“(i) retransmits signals of 1 or more television broadcast stations with a community of license in that market;
“(ii) has commenced providing such signals in the preceding 1-year period; and
“(iii) has ceased to provide such signals in the preceding 1-year period; and
“(B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
“(2)Termination.—The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph.
“(span)Definitions.—In this section—“(1) 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 “(2) the term ‘television broadcast station’ has the meaning given such term in section 325(span)(7) of the Communications Act of 1934 (47 U.S.C. 325(span)(7)).”
Application Pending Completion of RulemakingsPuspan. L. 111–175, title II, § 205, May 27, 2010, 124 Stat. 1250, provided that:“(a)In General.—During the period beginning on the date of the enactment of this Act [deemed to refer to Fespan. 27, 2010, see section 307(a) of Puspan. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of Title 17, Copyrights] and ending on the date on which the Federal Communications Commission adopts rules pursuant to the amendments to the Communications Act of 1934 made by section 203 and section 204 of this title [amending this section and sections 339 and 340 of this title], the Federal Communications Commission shall follow its rules and regulations promulgated pursuant to sections 338, 339, and 340 of the Communications Act of 1934 [47 U.S.C. 338 to 340] as in effect on the day before the date of the enactment of this Act. “(span)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.
“(c)Definitions.—As used in this subtitle [title II of Puspan. L. 111–175 does not contain subtitles]:“(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 [47 U.S.C. 338(k)]. “(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 [47 U.S.C. 339(d)].”
ReportsPuspan. L. 111–175, title III, §§ 301, 305, May 27, 2010, 124 Stat. 1255, 1256, provided that:“SEC. 301. DEFINITION.“In this title [enacting provisions set out as notes under section 111 of Title 17, Copyrights], the term ‘appropriate Congressional committees’ means the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate and the Committees on the Judiciary and on Energy and Commerce of the House of Representatives.
“SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS.“(a)Requirement.—“(1)In general.—On the 270th day after the date of the enactment of this Act [deemed to refer to Fespan. 27, 2010, see section 307(a) of Puspan. L. 111–175, set out as an Effective Date of 2010 Amendment note under section 111 of Title 17, Copyrights], and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Federal Communications Commission setting forth—“(A) each local market in which it—“(i) retransmits signals of 1 or more television broadcast stations with a community of license in that market;
“(ii) has commenced providing such signals in the preceding 1-year period; and
“(iii) has ceased to provide such signals in the preceding 1-year period; and
“(B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market.
“(2)Termination.—The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph.
“(span) FCC Study; Report.—“(1)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—“(A) 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
“(B) the economic and satellite capacity conditions affecting delivery of local signals by satellite carriers to these markets.
“(2)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.
“(c)Definitions.—In this section—“(1) 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 “(2) the term ‘television broadcast station’ has the meaning given such term in section 325(span)(7) of such Act (47 U.S.C. 325(span)(7)).”
Rural Local Television SignalsPuspan. L. 106–113, div. B, § 1000(a)(9) [title II], Nov. 29, 1999, 113 Stat. 1536, 1501A–544, provided that:“SEC. 2001. SHORT TITLE.“This title may be cited as the ‘Rural Local Broadcast Signal Act’.
“SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED MARKETS.“(a)In General.—Not later than 1 year after the date of the enactment of this Act [Nov. 29, 1999], the Federal Communications Commission (‘the Commission’) shall take all actions necessary to make a determination regarding licenses or other authorizations for facilities that will utilize, for delivering local broadcast television station signals to satellite television subscribers in unserved and underserved local television markets, spectrum otherwise allocated to commercial use.
“(span)Rules.—“(1)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). “(2)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.
“(3)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.
“(c)Report.—Not later than January 1, 2001, the Commission shall report to the Agriculture, Appropriations, and the Judiciary Committees of the Senate and the House of Representatives, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Commerce [now Committee on Energy and Commerce], on the extent to which licenses and other authorizations under subsection (a) have facilitated the delivery of local signals to satellite television subscribers in unserved and underserved local television markets. The report shall include—“(1) 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;
“(2) an enumeration of the technical, economic, and other impediments each type of multichannel video programming distributor has encountered; and
“(3) 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.”
