Page:United States Statutes at Large Volume 113 Part 2.djvu/1051

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-533 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 quahty signal to the local receive facility of the satellite carrier. " (f) REMEDIES.— "(1) COMPLAINTS BY BROADCAST STATIONS.— 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. "(2) OPPORTUNITY TO RESPOND.— 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. "(3) REMEDIAL ACTIONS; DISMISSAL.— Within 120 days after ' the date a complaint is filed under paragrsiph (1), the Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through (. 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. "(g) REGULATIONS BY COMMISSION. —Within 1 year after the date of the enactment of this section, 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 614(b)(3) and (4) and 615(g)(1) and (2). "(h) DEFINITIONS.—As used in this section: "(1) DISTRIBUTOR. — 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. "(2) LOCAL RECEIVE FACILITY. — 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. "(3) LOCAL MARKET.— The term 'local market' has the meaning given that term under section 122(j) of title 17, United States Code.

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