Pub. L. 108-447, div. J, tit. II, sec. 205

ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS CONCERNING SIGNAL CARRIAGE.

EnactedYear: 2004Length: 477 wordsOfficial source
SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS CONCERNING SIGNAL CARRIAGE. Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is further amended by inserting after subsection (g) (as added by section 203) the following new subsection:“(h) Additional Notices to Subscribers, Networks, and Stations Concerning Signal Carriage.—“(1) Notices to and elections by subscribers concerning grandfathered signals.—Any carrier that provides a distant signal of a network station to a subscriber pursuant section 339(a)(2)(A) shall—“(A) within 60 days after the local signal of a network station of the same television network is available pursuant to section 338, or within 60 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, whichever is later, send a notice to the subscriber—118 STAT. 3425“(i) offering to substitute the local network signal for the duplicating distant network signal; and“(ii) 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“(B) if the subscriber—“(i) 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“(ii) fails to respond within such 60 days, terminate the distant network signal within 10 days after the end of such 60-day period.“(2) Notice to station licensees of commencement of local-into-local service.—“(A) Notice required.—Within 180 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 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.“(B) 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—“(i) 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;“(ii) of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b);“(iii) that such licensee has 30 days from the date of the receipt of such notice to make such election; and“(iv) 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.“(C) Transmission of notices.—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.”.