Page:United States Statutes at Large Volume 113 Part 2.djvu/1058

 113 STAT. 1501A-540 PUBLIC LAW 106-113—APPENDIX I "(B) DEFENSES. — The defenses referred to under subparagraph (A) are the defenses that— "(i) the sateUite carrier did not retransmit the television broadcast station to any person in the local market of the station during the time period specified in the complaint; "(ii) the television broadcast station had, in a writing signed by an officer of the television broadcast station, expressly authorized the retransmission of the station by the satellite carrier to each person in the local market of the television broadcast station to which the satellite carrier made such retransmissions for the entire time period during which it is alleged that a violation of subsection (b)( 1) has occurred; "(iii) the retransmission was made after January 1, 2002, and the television broadcast station had elected to assert the right to carriage under section 338 as against the satellite carrier for the relevant period; or "(iv) the station being retransmitted is a noncommercial television broadcast station. "(5) COUNTING OF VIOLATIONS. — The retransmission without consent of a particular television broadcast station on a particular day to one or more persons in the local market of the station shall be considered a separate violation of subsection (b)(1). "(6) BURDEN OF PROOF. — With respect to each alleged violation, the burden of proof shall be on a television broadcast station to establish that the satellite carrier retransmitted the station to at least one person in the local market of the station on the day in question. The burden of proof shall be on the satellite carrier with respect to all defenses other than the defense under paragraph (4)(B)(i). "(7) PROCEDURES. — "(A) REGULATIONS. —Within 60 days after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall issue procedural regulations implementing this subsection which shall supersede procedures under section 312. " (B) DETERMINATIONS.— "(i) IN GENERAL.—Within 45 days after the filing of a complaint, the Commission shall issue a final determination in any proceeding brought under this subsection. The Commission's final determination shall specify the number of violations committed by the satellite carrier. The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties. "(ii) DISCOVERY.— The Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may approve, but only if the Commission first determines that such discovery is necessary to resolve a genuine dispute about material

�