Page:United States Statutes at Large Volume 118.djvu/3451

 118 STAT. 3421 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(aa) April 30, 2006, if such local network station is within the top 100 television mar kets and— ‘‘(AA) has received a tentative digital television service channel designation that is the same as such station’s current dig ital television service channel; or ‘‘(BB) has been found by the Commis sion to have lost interference protection; or ‘‘(bb) July 15, 2007, for any other local network stations, other than translator sta tions licensed to broadcast on the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004; or ‘‘(II) in the case of a translator station, 1 year after the date on which the Commission completes all actions necessary for the allocation and assign ment of digital television licenses to television translator stations. ‘‘(viii) TESTING WAIVERS.—Upon request by a local network station, the Commission may grant a waiver with respect to such station to the beginning of testing under clause (vii), and prohibit subscribers from receiving digital signal strength testing with respect to such station. Such a request shall be filed not less than 5 months prior to the implementation deadline specified in such clause, and the Commission shall act on such request by such implementation deadline. Such a waiver shall expire at the end of not more than 6 months, except that a waiver may be renewed upon a proper showing. The Commission may only grant such a request upon submission of clear and convincing evidence that the station’s digital signal coverage is limited due to the unremediable presence of one or more of the following: ‘‘(I) the need for international coordination or approvals; ‘‘(II) clear zoning or environmental legal impediments; ‘‘(III) force majeure; ‘‘(IV) the station experiences a substantial decrease in its digital signal coverage area due to necessity of using side mounted antenna; ‘‘(V) substantial technical problems that result in a station experiencing a substantial decrease in its coverage area solely due to actions to avoid interference with emergency response providers; or ‘‘(VI) no satellite carrier is providing the re transmission of the analog signals of local network stations under section 338 in the local market. Under no circumstances may such a waiver be based upon financial exigency. Expiration date. Deadline.

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