Page:United States Statutes at Large Volume 106 Part 2.djvu/596

 106 STAT. 1476 PUBLIC LAW 102-385—OCT. 5, 1992 "(ii) a television broadcast station that would be considered a distant signal under section 111 of title 17, United States Code, if such station does not agree to indemnify the cable operator for any increased copy- right liability resulting from carriage on the cable system; or " (iii) a television broadcast station that does not deliver to the principal headend of a cable system either a signal level of -45dBm for UHF signals or - 49dBm for VHF signals at the input terminals of the signal processing equipment, if such station does not agree to be responsible for the costs of delivering to the cable system a signal of good quaUty or a baseband video signal. "(C) MARKET DETERMINATIONS. — <i) For purposes of this section, a broadcasting station's market shall be determined in the manner provided in section 73.3555(d)(3)(i) of title 47, Code of Federal Regulations, as in effect on May 1, 1991, except that, following a written request, the Commission may, with respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market to better effectuate the purposes of this section. In considering such requests, the Commission may determine that particular communities are part of more than one television market. "(ii) In considering requests filed pursuant to clause (i), the Commission shall afford particular attention to the value of localism by taking into account such factors as— " (I) whether the station, or other stations located in the same area, have been historiccdly ceirried on the cable system or systems within such community; " (II) whether the television station provides coverage or other local service to such commiuiity; "(III) whether any other television station that is eligible to be carried by a cable system in such community in fiilfQlment of the requirements of this section provides news coverage of issues of concern to such commxinity or provides carriage or coverage of sporting and other events of interest to the community; and "(IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or systems in such community, "(iii) A cable operator shall not delete from carriage the signal of a commercial television station during the pendency of any proceeding pursuant to this subparagraph. ^ "(iv) In the rulemciking proceeding required by subsection (f), the Commission shall provide for expedited consideration of requests filed under this subparagraph. "(2) QUALIFIED LOW POWER STATION.—The term 'qualified low power station' means any television broadcast station conforming to the rules established for Low Power Television Stations contained in part 74 of title 47, Code of Federal Regulations, only if—

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