Page:United States Statutes at Large Volume 118.djvu/3440

 118 STAT. 3410 PUBLIC LAW 108–447—DEC. 8, 2004 under the rules, regulations, and authorizations of the Commis sion to determining with respect to a cable system whether signals are significantly viewed in a community. ‘‘(b) LIMITATIONS.— ‘‘(1) ANALOG SERVICE LIMITED TO SUBSCRIBERS TAKING LOCAL INTO LOCAL SERVICE.—With respect to a signal that origi nates as an analog signal of a network station, this section shall apply only to retransmissions to subscribers of a satellite carrier who receive retransmissions of a signal that originates as an analog signal of a local network station from that satellite carrier pursuant to section 338. ‘‘(2) DIGITAL SERVICE LIMITATIONS.—With respect to a signal that originates as a digital signal of a network station, this section shall apply only if— ‘‘(A) the subscriber receives from the satellite carrier pursuant to section 338 the retransmission of the digital signal of a network station in the subscriber’s local market that is affiliated with the same television network; and ‘‘(B) either— ‘‘(i) the retransmission of the local network station occupies at least the equivalent bandwidth as the dig ital signal retransmitted pursuant to this section; or ‘‘(ii) the retransmission of the local network station is comprised of the entire bandwidth of the digital signal broadcast by such local network station. ‘‘(3) LIMITATION NOT APPLICABLE WHERE NO NETWORK AFFILIATES.—The limitations in paragraphs (1) and (2) shall not prohibit a retransmission under this section to a subscriber located in a local market in which there are no network stations affiliated with the same television network as the station whose signal is being retransmitted pursuant to this section. ‘‘(4) AUTHORITY TO GRANT STATION SPECIFIC WAIVERS.— Paragraphs (1) and (2) shall not prohibit a retransmission of a network station to a subscriber if and to the extent that the network station in the local market in which the subscriber is located, and that is affiliated with the same television net work, has privately negotiated and affirmatively granted a waiver from the requirements of paragraph (1) and (2) to such satellite carrier with respect to retransmission of the signifi cantly viewed station to such subscriber. ‘‘(c) PUBLICATION AND MODIFICATIONS OF LISTS; REGULATIONS.— ‘‘(1) IN GENERAL.—The Commission shall— ‘‘(A) within 60 days after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004— ‘‘(i) publish a list of the stations that are eligible for retransmission under subsection (a)(1) and the communities in which such stations are eligible for such retransmission; and ‘‘(ii) commence a rulemaking proceeding to imple ment this section by publication of a notice of proposed rulemaking; ‘‘(B) adopt rules pursuant to such rulemaking within 1 year after such date of enactment. ‘‘(2) PUBLIC AVAILABILITY OF LIST.—The Commission shall make readily available to the public in electronic form, on the Internet website of the Commission or other comparable Deadline. Applicability. Applicability.

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