Page:United States Statutes at Large Volume 118.djvu/3441

 118 STAT. 3411 PUBLIC LAW 108–447—DEC. 8, 2004 facility, a list of the stations that are eligible for retransmission under subsection (a) and the communities in which such sta tions are eligible for such retransmission. The Commission shall update such list within 10 business days after the date on which the Commission issues an order making any modifica tion of such stations and communities. ‘‘(3) MODIFICATIONS.—In addition to cable operators and television broadcast station licensees, the Commission shall permit a satellite carrier to petition for decisions and orders— ‘‘(A) by which stations may be added to those that are eligible for retransmission under subsection (a), and by which communities may be added in which such stations are eligible for such retransmission; and ‘‘(B) by which network nonduplication or syndicated exclusivity regulations are applied to the retransmission in accordance with subsection (e). ‘‘(d) EFFECT ON OTHER OBLIGATIONS AND RIGHTS.— ‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—Carriage of a signal under this section is not mandatory, and any right of a station licensee to have the signal of such station carried under section 338 is not affected by the eligibility of such station to be carried under this section. ‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT AFFECTED.—The eligibility of the signal of a station to be carried under this section does not affect any right of the licensee of such station to grant (or withhold) retransmission consent under section 325(b)(1). ‘‘(e) NETWORK NONDUPLICATION AND SYNDICATED EXCLU SIVITY.— ‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED BY COMMISSION REGULATIONS.—Signals eligible to be carried under this section are not subject to the Commission’s regulations concerning network nonduplication or syndicated exclusivity unless, pursu ant to regulations adopted by the Commission, the Commission determines to permit network nonduplication or syndicated exclusivity to apply within the appropriate zone of protection. ‘‘(2) LIMITATION.—Nothing in this subsection or Commis sion regulations shall permit the application of network non duplication or syndicated exclusivity regulations to the retrans mission of distant signals of network stations that are carried by a satellite carrier pursuant to a statutory license under section 119(a)(2)(A) or (B) of title 17, United States Code, with respect to persons who reside in unserved households, under 119(a)(4)(A), or under section 119(a)(12), of such title. ‘‘(f) ENFORCEMENT.— ‘‘(1) ORDERS AND DAMAGES.—Upon complaint, the Commis sion shall issue a cease and desist order to any satellite carrier found to have violated this section in carrying any television broadcast station. Such order may, if a complaining station requests damages— ‘‘(A) provide for the award of damages to a complaining station that establishes that the violation was committed in bad faith, in an amount up to $50 per subscriber, per station, per day of the violation; and ‘‘(B) provide for the award of damages to a prevailing satellite carrier if the Commission determines that the Deadline.

�