Page:United States Statutes at Large Volume 118.djvu/3430

 118 STAT. 3400 PUBLIC LAW 108–447—DEC. 8, 2004 to section 73.683(a) of title 47, Code of Federal Regulations, referred to in section 339(a)(2)(D)(i)(I) shall refer to such section as in effect on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004. ‘‘(E) OTHER PROVISIONS NOT AFFECTED.—This para graph shall not affect the applicability of the statutory license to secondary transmissions under paragraph (3) or to unserved households included under paragraph (12). ‘‘(F) WAIVER.—A subscriber who is denied the sec ondary transmission of a network station under subpara graph (C) or (D) 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 subscriber’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 net work station, a waiver that was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 under section 339(c)(2) of the Communications Act of 1934 shall not constitute a waiver for purposes of this subparagraph. ‘‘(G) AVAILABLE DEFINED.—For purposes of this para graph, a satellite carrier makes available a secondary transmission of the primary transmission of a local station to a subscriber or person if the satellite carrier offers that secondary transmission to other subscribers who reside in the same zip code as that subscriber or person.’’. (2) Subsection (a) is amended by adding at the end the following: ‘‘(14) WAIVERS.—A subscriber who is denied the secondary transmission of a signal of a network station under subsection (a)(2)(B) may request a waiver from such denial by submitting a request, through the subscriber’s satellite carrier, to the net work station asserting that the secondary transmission is prohibited. The network station shall accept or reject a sub scriber’s request for a waiver within 30 days after receipt of the request. If a television network station fails to accept or reject a subscriber’s request for a waiver within the 30 day period after receipt of the request, that station shall be deemed to agree to the waiver request and have filed such written waiver. Unless specifically stated by the network sta tion, a waiver that was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 under section 339(c)(2) of the Communications Act of 1934, and that was in effect on such date of enactment, shall constitute a waiver for purposes of this paragraph.’’. (3) Subsection (b)(1) is amended by striking subparagraph (B) and inserting the following: ‘‘(B) a royalty fee for that 6 month period, computed by multiplying the total number of subscribers receiving Deadline. Deadline.

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