Page:United States Statutes at Large Volume 118.djvu/3453

 118 STAT. 3423 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(ii) Within 60 days after the date a satellite car rier commences to carry pursuant to section 338 the signals of stations from a local market, such a satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (B)(ii) of this paragraph shall submit to each network— ‘‘(I) a list identifying each subscriber in that local market provided such a signal by— ‘‘(aa) name; ‘‘(bb) address (street or rural route number, city, State, and zip code); and ‘‘(cc) the distant network signal or signals received; and ‘‘(II) a statement that, to the best of the car rier’s knowledge and belief after having made dili gent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (B)(ii) of this paragraph. ‘‘(G) OTHER PROVISIONS NOT AFFECTED.—This para graph shall not affect the eligibility of a subscriber to receive secondary transmissions under section 340 of this Act or as an unserved household included under section 119(a)(12) of title 17, United States Code. ‘‘(H) AVAILABLE DEFINED.—For purposes of this para graph, a satellite carrier makes available a local signal to a subscriber or person if the satellite carrier offers that local signal to other subscribers who reside in the same zip code as that subscriber or person.’’; and (4) in paragraph (3) (as redesignated by paragraph (2) of this subsection), by adding at the end the following: ‘‘, except that paragraph (2)(D) of this subsection, relating to the provi sion of distant digital signals, shall be enforceable under the provisions of section 340(f)’’. (b) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—Sec tion 339(c) of such Act (47 U.S.C. 339(c)) is amended by striking paragraph (1) and inserting the following: ‘‘(1) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.— ‘‘(A) STUDY REQUIRED.—Not later than 1 year after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the Federal Communications Commission shall complete an inquiry regarding whether, for purposes of identifying if a house hold is unserved by an adequate digital signal under section 119(d)(10) of title 17, United States Code, the digital signal strength standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or the testing procedures in section 73.686(d) of title 47, Code of Federal Regulations, such statutes or regulations should be revised to take into account the types of antennas that are available to con sumers. ‘‘(B) STUDY CONSIDERATIONS.—In conducting the study under this paragraph, the Commission shall consider whether— ‘‘(i) to account for the fact that an antenna can be mounted on a roof or placed in a home and can be fixed or capable of rotating; Deadline. Deadline.

�