Page:United States Statutes at Large Volume 118.djvu/3427

 118 STAT. 3397 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(i) IN GENERAL.—A subscriber who is denied the secondary transmission of the primary transmission of a network station under subparagraph (B) may request a waiver from such denial by submitting a request, through the subscriber’s satellite carrier, to the network station in the local market affiliated with the same network where the subscriber is located. The network station shall accept or reject the sub scriber’s request for a waiver within 30 days after receipt of the request. If the network station fails to accept or reject the subscriber’s request for a waiver within that 30 day period, that network station shall be deemed to agree to the waiver request. Unless specifically stated by the network station, a waiver that was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthor ization Act of 2004 under section 339(c)(2) of the Communications Act of 1934 shall not constitute a waiver for purposes of this subparagraph. ‘‘(ii) SUNSET.—The authority under clause (i) to grant waivers shall terminate on December 31, 2008, and any such waiver in effect shall terminate on that date.’’; (7) in paragraph (2)(B)(i), by adding at the end the following new sentence: ‘‘The limitation in this clause shall not apply to secondary transmissions under paragraph (3).’’. SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL MARKETS. Section 119 of title 17, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after paragraph (3), as added by section 102 of this Act, the following: ‘‘(4) STATUTORY LICENSE WHERE RETRANSMISSIONS INTO LOCAL MARKET AVAILABLE.— ‘‘(A) RULES FOR SUBSCRIBERS TO ANALOG SIGNALS UNDER SUBSECTION (e).— ‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIG NALS.—In the case of a subscriber of a satellite carrier who is eligible to receive the secondary transmission of the primary analog transmission of a network station solely by reason of subsection (e) (in this subparagraph referred to as a ‘distant analog signal’), and who, as of October 1, 2004, is receiving the distant analog signal of that network station, the following shall apply: ‘‘(I) In a case in which the satellite carrier makes available to the subscriber the secondary transmission of the primary analog transmission of a local network station affiliated with the same television network pursuant to the statutory license under section 122, the statutory license under paragraph (2) shall apply only to secondary transmissions by that satellite carrier to that sub scriber of the distant analog signal of a station affiliated with the same television network— Applicability. Deadlines.

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