Page:United States Statutes at Large Volume 113 Part 2.djvu/1057

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-539 U.S.C. 325) is amended by adding at the end the following new subsection: " (e) ENFORCEMENT PROCEEDINGS AGAINST SATELLITE CARRIERS CONCERNING RETRANSMISSIONS OF TELEVISION BROADCAST STA- TIONS IN THE RESPECTIVE LOCAL MARKETS OF SUCH CARRIERS.— " (1) COMPLAINTS BY TELEVISION BROADCAST STATIONS. — If after the expiration of the 6-month period described under subsection (b)(2)(E) a television broadcast station believes that a satellite carrier has retransmitted its signal to any person in the local market of such station in violation of subsection (b)(1), the station may file with the Commission a complaint providing— "(A) the name, address, and call letters of the station; "(B) the name and address of the satellite carrier; "(C) the dates on which the alleged retransmission occurred; "(D) the street address of at least one person in the local market of the station to whom the alleged retransmission was made; "(E) a statement that the retransmission was not expressly authorized by the television broadcast station; and "(F) the name and address of counsel for the station. " (2) SERVICE OF COMPLAINTS ON SATELLITE CARRIERS.—For purposes of any proceeding under this subsection, any satellite carrier that retransmits the signal of any broadcast station shall be deemed to designate the Secretary' of the Commission as its agent for service of process. A television broadcast station may serve a satellite carrier with a complaint concerning an alleged violation of subsection (b)(1) through retransmission of a station within the local market of such station by filing the original and two copies of the complaint with the Secretary of the Commission and serving a copy of the complaint on the satellite carrier by means of two commonly used overnight delivery services, each addressed to the chief executive officer of the satellite carrier at its principal place of business, and . each marked 'URGENT LITIGATION MATTER' on the outer packaging. Service shall be deemed complete one business day after a copy of the complaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television broadcast station under this subsection, the Secretary of the Commission shall send the original complaint by United States mail, postage prepaid, receipt requested, addressed to the chief executive officer of the satellite carrier at its principal place of business. "(3) ANSWERS BY SATELLITE CARRIERS. —Within five business days after the date of service, the satellite carrier shall file an answer with the Commission and shall serve the answer by a commonly used overnight delivery service and by United States mail, on the counsel designated in the complaint at the address listed for such counsel in the complaint. " (4) DEFENSES. — "(A) EXCLUSIVE DEFENSES. —The defenses under this paragraph are the exclusive defenses available to a satellite carrier against which a complaint under this subsection is filed. 69-194-01-34:QL3Pait2

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