Page:United States Statutes at Large Volume 113 Part 2.djvu/1056

 113 STAT. 1501A-538 PUBLIC LAW 106-113—APPENDIX I of 1999, to the retransmission of the signal of a television broadcast station within the station's local market by a satellite carrier directly to its subscribers under the statutory license of section 122 of title 17, United States Code. For purposes of this paragraph, the terms 'satellite carrier' and 'superstation' have the meanings given those terms, respectively, in section 119(d) of title 17, United States Code, as in effect on the date of the enactment of the Cable Television Consumer Protection and Competition Act of 1992, the term 'unserved household' has the meaning given that term under section 119(d) of such title, and the term 'local market' has the meaning given that term in section 122(j) of such title."; (2) by adding at the end of paragraph (3) the following new subparagraph: "(C) Within 45 days after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcast stations of the right to grant retransmission consent under this subsection, and such other regulations as are necessary to administer the limitations contained in paragraph (2). The Commission shall complete all actions necessary to prescribe such regulations within 1 year after such date of enactment. Such regulations shall— "(i) establish election time periods that correspond with those regulations adopted under subparagraph (B) of this paragraph; and "(ii) until January 1, 2006, prohibit a television broadcast station that provides retransmission consent from engaging in exclusive contracts for carriage or failing to negotiate in good faith, and it shall not be a failure to negotiate in good faith if the television broadcast station enters into retransmission consent agreements containing different terms and conditions, including price terms, with different multichannel video programming distributors if such different terms and conditions are based on competitive marketplace considerations."; (3) in paragraph (4), by adding at the end the following new sentence: "If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section 338 shall not apply to the carriage of the signal of such station by such satellite carrier."; (4) in paragraph (5), by striking "614 or 615" and inserting "3 3 8, 614, or 615"; and (5) by adding at the end the following new paragraph: "(7) For purposes of this subsection, the term— "(A) 'network station' has the meaning given such term under section 119(d) of title 17, United States Code; and "(B) 'television broadcast station' means an over-theair commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.", (b) ENFORCEMENT PROVISIONS FOR CONSENT FOR RETRANS- MISSIONS.—Section 325 of the Communications Act of 1934 (47

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