Page:United States Statutes at Large Volume 113 Part 2.djvu/1059

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-541 facts, consistent with the obligaticm to make a final determination within 45 days. "(8) RELIEF. — If the Commission determines that a satelHte carrier has retransmitted the television broadcast station to at least one person in the local market of such station and has failed to meet its burden of proving one of the defenses under paragraph (4) with respect to such retransmission, the Commission shall be required to— "(A) make a finding that the satellite carrier violated subsection (b)(1) with respect to that station; and "(B) issue an order, within 45 days after the filing of the complaint, containing— "(i) a cease-and-desist order directing the satellite carrier immediately to stop making any further retransmissions of the television broadcast station to any person within the local market of such station until such time as the Commission determines that the satellite carrier is in compliance with subsection (b)(1) with respect to such station; "(ii) if the satellite carrier is found to have violated subsection (b)(1) with respect to more than two television broadcast stations, a cease-and-desist order directing the satellite carrier to stop making any further retransmission of any television broadcast station to any person within the local market of such station, until such time as the Commission, after giving notice to the station, that the satellite carrier is in compliance with subsection (b)(1) with respect to such stations; and "(iii) an award to the complainaint of that complainant's costs and reasonable attorney's fees. " (9) COURT PROCEEDINGS ON ENFORCEMENT OF COMMISSION ORDER.— "(A) IN GENERAL. —On entry by the Commission of a final order granting relief under this subsection— "(i) a television broadcast station may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a final judgment enforcing all relief granted by the Commission; and "(ii) the satellite carrier may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a judgment reversing the Commission's order. "(B) APPEAL.—The procedure for an appeal under this paragraph by the satellite carrier shall supersede any other appeal rights under Federal or State law. A United States district court shall be deemed to have ]3ersonal jurisdiction over the satellite carrier if the carrier, or a company under common control with the satellite carrier, has delivered television programming by satellite to more than 30 customers in that district during the preceding 4-year period. If the United States District Court for the Eastern District of Virginia does not have personal jurisdiction over the, satellite carrier, an enforcement action or appeal shall be brought in the United States District Court for the District of Columbia, which may find personal jurisdiction based

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