Page:United States Statutes at Large Volume 118.djvu/3442

 118 STAT. 3412 PUBLIC LAW 108–447—DEC. 8, 2004 complaint was frivolous, in an amount up to $50 per sub scriber alleged to be in violation, per station alleged, per day of the alleged violation. ‘‘(2) COMMISSION DECISION.—The Commission shall issue a final determination resolving a complaint brought under this subsection not later than 180 days after the submission of a complaint under this subsection. The Commission may hear witnesses if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties. ‘‘(3) REMEDIES IN ADDITION.—The remedies under this sub section are in addition to any remedies available under title 17, United States Code. ‘‘(4) NO EFFECT ON COPYRIGHT PROCEEDINGS.—Any deter mination, action, or failure to act of the Commission under this subsection shall have no effect on any proceeding under title 17, United States Code, and shall not be introduced in evidence in any proceeding under that title. In no instance shall a Commission enforcement proceeding under this sub section be required as a predicate to the pursuit of a remedy available under title 17. ‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED STATIONS.— Each satellite carrier that proposes to commence the retransmission of a station pursuant to this section in any local market shall— ‘‘(1) not less than 60 days before commencing such retrans mission, provide a written notice to any television broadcast station in such local market of such proposal; and ‘‘(2) designate on such carrier’s website all significantly viewed signals carried pursuant to section 340 and the commu nities in which the signals are carried. ‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN REGULATIONS.— ‘‘(1) COMMUNITY BY COMMUNITY ELECTIONS.—The Commis sion shall, no later than October 30, 2005, revise section 76.66 of its regulations (47 CFR 76.66), concerning satellite broadcast signal carriage, to permit (at the next cycle of elections under section 325) a television broadcast station that is located in a local market into which a satellite carrier retransmits a television broadcast station pursuant to section 338, to elect, with respect to such satellite carrier, between retransmission consent pursuant to such section 325 and mandatory carriage pursuant to section 338 separately for each county within such station’s local market, if— ‘‘(A) the satellite carrier has notified the station, pursu ant to paragraph (3), that it intends to carry another affil iate of the same network pursuant to this section during the relevant election period in the station’s local market; or ‘‘(B) on the date notification under paragraph (3) was due, the satellite carrier was retransmitting into the sta tion’s local market pursuant to this section an affiliate of the same television network. ‘‘(2) UNIFIED NEGOTIATIONS.—In revising its regulations as required by paragraph (1), the Commission shall provide that any such station shall conduct a unified negotiation for the Deadline. Deadline. Deadline.

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