Page:United States Statutes at Large Volume 113 Part 2.djvu/1054

 113 STAT. 1501A-536 PUBLIC LAW 106-113—APPENDIX I the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct a test in accordance with section 73.686(d) of its regulations (47 CFR 73.686(d)), or any successor regulation. 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 section (or any successor regulation) demonstrate that the subscriber does not receive a signal that meets or exceeds the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States Code, the subscriber shall not be denied the retransmission of a signal of a network station under section 119 of title 17, United States Code. " (B) DESIGNATION OF TESTER AND ALLOCATION OF COSTS.— I f the satellite carrier and the network station or stations asserting that the retransmission is prohibited are unable to agree on such a person to conduct the test, the person shall be designated by an independent and neutral entity designated by the Commission by rule. Unless the satellite carrier and the network station or stations otherwise agree, the costs of conducting the test under this paragraph shall be borne by the satellite carrier, if the station's signal meets or exceeds the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States Code, or by the network station, if its signal fails to meet or exceed such standard, "(C) AVOIDANCE OF UNDUE BURDEN. —Commission regulations prescribed under this paragraph shall seek to avoid any undue burden on any party. "(d) DEFINITIONS.— For the purposes of this section: "(1) LOCAL MARKET.— The term 'local market' has the meaning given that term under section 122(j) of title 17, United States Code. "(2) NATIONALLY DISTRIBUTED SUPERSTATION.— The term 'nationally distributed superstation' means a television broadcast station, licensed by the Commission, that— "(A) is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States; "(B) on May 1, 1991, was retransmitted by a satellite carrier and was not a network station at that time; and "(C) was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of section 119 of title 17, United States Code. "(3) NETWORK STATION. —The term 'network station' has the meaning given such term under section 119(d) of title 17, United States Code. "(4) SATELLITE CARRIER.— The term 'satellite carrier* has the meaning given such term under section 119(d) of title 17, United States Code. "(5) TELEVISION NETWORK.— The term 'television network' means a television network in the United States which offers an interconnected program service on a regular basis for 15

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