DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.

SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.(a) Section 338.—Section 338 is amended—(1) in subsection (a), by striking “(3) effective date.—No satellite” and all that follows through “until January 1, 2002.”; and(2) by amending subsection (g) to read as follows:“(g) Carriage of Local Stations on a Single Reception Antenna.—“(1) Single reception antenna.—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.“(2) Additional reception antenna.—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).”.(b) Section 339.—Section 339 is amended—(1) in subsection (a)—(A) in paragraph (1)(B), by striking “Such two network stations” and all that follows through “more than two network stations.”; and(B) in paragraph (2)—(i) in the heading for subparagraph (A), by striking “to analog signals”;(ii) in subparagraph (A)—(I) in the heading for clause (i), by striking “analog”;(II) in clause (i)—(aa) by striking “analog” each place it appears; and(bb) by striking “October 1, 2004” and inserting “October 1, 2009”;(III) in the heading for clause (ii), by striking “analog”; and(IV) in clause (ii)—(aa) by striking “analog” each place it appears; and(bb) by striking “2004” and inserting “2009”;(iii) by amending subparagraph (B) to read as follows:“(B) Rules for other subscribers.—“(i) In general.—In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under this section (in this subparagraph referred to as a ‘distant signal’), other than subscribers to whom subparagraph (A) applies, the following shall apply:“(I) In a case in which the satellite carrier makes available to that subscriber, on January 124 STAT. 1247 1, 2005, the signal of a local network station affiliated with the same television network pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if the subscriber’s satellite carrier, not later than March 1, 2005, submits to that television network the list and statement required by subparagraph (F)(i).“(II) In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the signal of a local network station pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if—“(aa) that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry pursuant to section 338 the signals of stations from the local market of such local network station; and“(bb) the satellite carrier, within 60 days after such date, submits to each television network the list and statement required by subparagraph (F)(ii).“(ii) Special circumstances.—A subscriber of a satellite carrier who was lawfully receiving the distant signal of a network station on the day before the date of enactment of the Satellite Television Extension and Localism Act of 2010 may receive both such distant signal and the local signal of a network station affiliated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal.”;(iv) in subparagraph (C)—(I) by striking “analog”;(II) in clause (i), by striking “the Satellite Home Viewer Extension and Reauthorization Act of 2004; and” and inserting the following:“the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes available to that person the signal of a local network station affiliated with the same television network pursuant to section 338 (and the retransmission of such signal by such carrier can reach such subscriber); or”; and(III) by amending clause (ii) to read as follows:“(ii) lawfully subscribes to and receives a distant signal on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, and, subsequent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affiliated with the same network as the distant signal (and the retransmission of such 124 STAT. 1248 signal by such carrier can reach such subscriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available.”;(v) in subparagraph (D)—(I) in the heading, by striking “digital”;(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);(III) by redesignating clause (vi) as clause (i) and transferring such clause to appear before clause (ii);(IV) by amending such clause (i) (as so redesignated) to read as follows:“(i) Eligibility and signal testing.—A subscriber of a satellite carrier shall be eligible to receive a distant signal of a network station affiliated with the same network under this section if, with respect to a local network station, such subscriber—“(I) is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal intensity required under section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation;“(II) is determined, based on a test conducted in accordance with section 73.686(d) of title 47, Code of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds the signal intensity standard in section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor regulation; or“(III) is in an unserved household, as determined under section 119(d)(10)(A) of title 17, United States Code.”;(V) in clause (ii)—(aa) by striking “digital” in the heading;(bb) by striking “digital” the first two places such term appears;(cc) by striking “Satellite Home Viewer Extension and Reauthorization Act of 2004” and inserting “Satellite Television Extension and Localism Act of 2010”; and(dd) by striking “, whether or not such subscriber elects to subscribe to local digital signals”;(VI) by inserting after clause (ii) the following new clause:“(iii) Time-shifting prohibited.—In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph the signal of a local network station pursuant to section 338, the carrier may only provide the distant signal of a station affiliated with the same network to that subscriber if, in the case of any local market in the 48 124 STAT. 1249 contiguous States of the United States, the distant signal is the secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time network programming of the affiliate of the same network in the local market.”; and(VII) by redesignating clause (x) as clause (iv); and(vi) in subparagraph (E), by striking “distant analog signal or” and all that follows through “(B), or (D))” and inserting “distant signal”;(2) in subsection (c)—(A) by amending paragraph (3) to read as follows:“(3) Establishment of improved predictive model and on-location testing required.—“(A) Predictive model.—Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations, through the use of an antenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or a successor regulation, including to account for the continuing operation of translator stations and low power television stations. In prescribing such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Commission in CS Docket No. 98–201, as previously revised with respect to analog signals, and as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05–182, FCC 05–199 (released December 9, 2005). 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.“(B) On-location testing.—The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.”;(B) by amending paragraph (4)(A) to read as follows:“(A) In general.—If a subscriber’s request for a waiver under paragraph (2) is rejected and the subscriber submits to the subscriber’s satellite carrier a request for a test verifying the subscriber’s inability to receive a signal of the signal intensity referenced in clause (i) of subsection (a)(2)(D), the satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct the test referenced in such clause. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in accordance with such clause demonstrate that the subscriber does not receive a signal that meets or 124 STAT. 1250 exceeds the requisite signal intensity standard in such clause, the subscriber shall not be denied the retransmission of a signal of a network station under section 119(d)(10)(A) of title 17, United States Code.”;(C) in paragraph (4)(B), by striking “the signal intensity” and all that follows through “United States Code” and inserting “such requisite signal intensity standard”; and(D) in paragraph (4)(E), by striking “Grade B intensity”.(c) Section 340.—Section 340(i) is amended by striking paragraph (4).