Page:United States Statutes at Large Volume 118.djvu/3428

 118 STAT. 3398 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(aa) if, within 60 days after receiving the notice of the satellite carrier under section 338(h)(1) of the Communications Act of 1934, the subscriber elects to retain the distant ana log signal; but ‘‘(bb) only until such time as the sub scriber elects to receive such local analog signal. ‘‘(II) Notwithstanding subclause (I), the statu tory license under paragraph (2) shall not apply with respect to any subscriber who is eligible to receive the distant analog signal of a television network station solely by reason of subsection (e), unless the satellite carrier, within 60 days after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, submits to that television network a list, aggre gated by designated market area (as defined in section 122(j)(2)(C)), that— ‘‘(aa) identifies that subscriber by name and address (street or rural route number, city, State, and zip code) and specifies the distant analog signals received by the sub scriber; and ‘‘(bb) states, to the best of the satellite carrier’s knowledge and belief, after having made diligent and good faith inquiries, that the subscriber is eligible under subsection (e) to receive the distant analog signals. ‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG SIGNALS.—In the case of any subscriber of a satellite carrier who is eligible to receive the distant analog signal of a network station solely by reason of sub section (e) and who did not receive a distant analog signal of a station affiliated with the same network on October 1, 2004, the statutory license under para graph (2) shall not apply to secondary transmissions by that satellite carrier to that subscriber of the distant analog signal of a station affiliated with the same network. ‘‘(B) RULES FOR OTHER SUBSCRIBERS.—In the case of a subscriber of a satellite carrier who is eligible to receive the secondary transmission of the primary analog trans mission of a network station under the statutory license under paragraph (2) (in this subparagraph referred to as a ‘distant analog signal’), other than subscribers to whom subparagraph (A) applies, the following shall apply: ‘‘(i) In a case in which the satellite carrier makes available to that subscriber, on January 1, 2005, the secondary transmission of the primary analog trans mission 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 trans missions by that satellite carrier to that subscriber of the distant analog signal of a station affiliated with the same television network if the subscriber’s satellite Deadline. Applicability. Deadline. Deadline.

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