47 U.S.C. § 338
Each satellite carrier providing, under section 122 of title 17, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b) of this title.
In addition to the remedies available to television broadcast stations under section 501(f) of title 17, the Commission may use the Commission's authority under this chapter to assure compliance with the obligations of this subsection, but in no instance shall a Commission enforcement proceeding be required as a predicate to the pursuit of a remedy available under such section 501(f).
No low power television station whose signals are provided under section 119(a)(14) 1 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.
A satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers shall (A) within 1 year after December 8, 2004, retransmit the signals originating as analog signals of each television broadcast station located in any local market within a State that is not part of the contiguous United States, and (B) within 30 months after December 8, 2004, retransmit the signals originating as digital signals of each such station. The retransmissions of such stations shall be made available to substantially all of the satellite carrier's subscribers in each station's local market, and the retransmissions of the stations in at least one market in the State shall be made available to substantially all of the satellite carrier's subscribers in areas of the State that are not within a designated market area. The cost to subscribers of such retransmissions shall not exceed the cost of retransmissions of local television stations in other States. Within 1 year after December 8, 2004, the Commission shall promulgate regulations concerning elections by television stations in such State between mandatory carriage pursuant to this section and retransmission consent pursuant to section 325(b) of this title, which shall take into account the schedule on which local television stations are made available to viewers in such State.
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:
If, on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier initiates the provision, under section 122 of title 17, of 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 all qualified noncommercial educational television stations located within that local market.
A television broadcast station asserting its right to carriage under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market.
The regulations issued under subsection (g) shall set forth the obligations necessary to carry out this subsection.
Notwithstanding subsection (a)(1), a satellite carrier shall not be required to carry upon request the signal of any local commercial television broadcast station that substantially duplicates the signal of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier within the same local market, or to carry upon request the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network unless such stations are licensed to communities in different States.
The Commission shall prescribe regulations limiting the carriage requirements under subsection (a) of satellite carriers with respect to the carriage of multiple local noncommercial television broadcast stations. To the extent possible, such regulations shall provide the same degree of carriage by satellite carriers of such multiple stations as is provided by cable systems under section 535 of this title.
No satellite carrier shall be required to provide the signal of a local television broadcast station to subscribers in that station's local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local television broadcast stations to subscribers in the stations' local market on contiguous channels and provide access to such station's signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu.
A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the local receive facility of the satellite carrier.
Whenever a local television broadcast station believes that a satellite carrier has failed to meet its obligations under subsections (b) through (e) of this section, such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. A local television broadcast station that disputes a response by a satellite carrier that it is in compliance with such obligations 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.
The Commission shall afford the satellite carrier against which a complaint is filed under paragraph (1) an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section.
Within 120 days after the date a complaint is filed under paragraph (1), the Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through (e). If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the complaint.
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.
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).
Any carrier that provides a distant signal of a network station to a subscriber pursuant 2 section 339(a)(2)(A) of this title shall-
Within 180 days after December 8, 2004, the Commission shall revise the regulations under this section relating to notice to broadcast station licensees to comply with the requirements of this paragraph.
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-
Such regulations shall require that each satellite carrier shall transmit the notices required by such regulation via certified mail to the address for such television station licensee listed in the consolidated database system maintained by the Commission.
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-
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.
For purposes of this subsection, other than paragraph (9)-
Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.
A satellite carrier may use such facilities to collect such information in order to-
Except as provided in subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier.
A satellite carrier may disclose such information if the disclosure is-
A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information.
A satellite carrier shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order.
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-
The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber.
Nothing in this subchapter shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy.
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-
Within 1 year after November 29, 1999, the Commission shall issue regulations implementing this section following a rulemaking proceeding. The regulations prescribed under this section shall include requirements on satellite carriers that are comparable to the requirements on cable operators under sections 534(b)(3) and (4) and 535(g)(1) and (2) of this title.
As used in this section:
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.
The term "eligible satellite carrier" means any satellite carrier that is not a party to a carriage contract that-
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.
The term "local market" has the meaning given that term under section 122(j) of title 17.
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.
The term "qualified noncommercial educational television station" means any full-power television broadcast station that-
The term "satellite carrier" has the meaning given such term under section 119(d) of title 17.
The term "secondary transmission" has the meaning given such term in section 119(d) of title 17.
The term "subscriber" has the meaning given that term under section 122(j) of title 17.
The term "television broadcast station" has the meaning given such term in section 325(b)(7) of this title.
Following a written request, the Commission may, with respect to a particular commercial television broadcast station, include additional communities within its local market or exclude communities from such station's local market to better effectuate the purposes of this section.
In considering requests filed under paragraph (1), the Commission-
A market determination under this subsection shall not create additional carriage obligations for a satellite carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by means of its satellites in operation at the time of the determination.
A satellite carrier shall not delete from carriage the signal of a commercial television broadcast station during the pendency of any proceeding under this subsection.
Not later than 120 days after the date that a written request is filed under paragraph (1), the Commission shall grant or deny the request.
No modification of a commercial television broadcast station's local market pursuant to this subsection shall have any effect on the eligibility of households in the community affected by such modification to receive distant signals pursuant to section 339 of this title, notwithstanding subsection (h)(1) of this section.
1 See References in Text note below.
2 So in original. Probably should be followed by "to".
47 U.S.C. § 338
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 Pub. 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 Pub. 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 Pub. L. 111-175 which shall be deemed to refer to Feb. 27, 2010, see section 307(a) of Pub. 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(b) of Pub. L. 108-447 set out as an Effective Date of 2004 Amendment note below.
AMENDMENTS2014-Subsec. (l). Pub. L. 113-200 added subsec. (l).2010-Subsec. (a)(3). Pub. 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). Pub. L. 111-175, §207(a), added par. (5).Subsec. (g). Pub. 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). Pub. L. 111-175, §207(b)(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). Pub. L. 111-175, §207(b)(4), added par. (6). Former par. (6) redesignated (7). Pub. L. 111-175, §207(b)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).Subsec. (k)(7) to (9). Pub. L. 111-175, §207(b)(3), redesignated pars. (6) to (8) as (7) to (9), respectively. Former par. (9) redesignated (10). Pub. L. 111-175, §207(b)(1), redesignated pars. (6) to (8) as (7) to (9), respectively.Subsec. (k)(10). Pub. L. 111-175, §207(b)(3), redesignated par. (9) as (10).2004-Subsec. (a)(1) to (3). Pub. L. 108-447, §203(b)(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). Pub. L. 108-447, §210, added par. (4).Subsec. (c)(1). Pub. L. 108-447, §203(b)(2), substituted "subsection (a)(1)" for "subsection (a)".Subsecs. (g), (h). Pub. L. 108-447, §§203(a)(2), 205, added subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (j) and (k), respectively.Subsec. (i). Pub. L. 108-447, §206(a), added subsec. (i).Subsec. (j). Pub. L. 108-447, §203(a)(1), redesignated subsec. (g) as (j).Subsec. (k). Pub. L. 108-447, §203(a)(1), redesignated subsec. (h) as (k).Subsec. (k)(4) to (8). Pub. L. 108-447, §203(b)(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 Pub. L. 111-175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111-175 set out as a note under section 111 of Title 17, Copyrights.
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-447 title IX [title II, §206(b)], 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 PROCESS Pub. 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)."
IMPLEMENTATION Pub. 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 REPORTS Pub. 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."(b) 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(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7))."
APPLICATION PENDING COMPLETION OF RULEMAKINGS Pub. 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 Feb. 27, 2010, see section 307(a) of Pub. 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."(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 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 Pub. 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)] ."
REPORTS Pub. L. 111-175, title III, §§301, May 27, 2010, 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 Feb. 27, 2010, see section 307(a) of Pub. 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."(b) 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(b)(7) of such Act (47 U.S.C. 325(b)(7))."
RURAL LOCAL TELEVISION SIGNALS Pub. 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."(b) 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."