Page:United States Statutes at Large Volume 124.djvu/1266

 124 STAT. 1240 PUBLIC LAW 111–175—MAY 27, 2010 ‘‘(A) IN GENERAL.—Upon a request made by a satellite carrier, a court that issued an injunction against such carrier under subsection (a)(7)(B) before the date of the enactment of this subsection shall waive such injunction with respect to the statutory license provided under sub- section (a)(2) to the extent necessary to allow such carrier to make secondary transmissions of primary transmissions made by a network station to unserved households located in short markets in which such carrier was not providing local service pursuant to the license under section 122 as of December 31, 2009. ‘‘(B) EXPIRATION OF TEMPORARY WAIVER.—A temporary waiver of an injunction under subparagraph (A) shall expire after the end of the 120-day period beginning on the date such temporary waiver is issued unless extended for good cause by the court making the temporary waiver. ‘‘(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL SERVICE TO ALL DMAS.— ‘‘(i) FAILURE TO ACT REASONABLY AND IN GOOD FAITH.—If the court issuing a temporary waiver under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to act reasonably or has failed to make a good faith effort to provide local-into-local service to all DMAs, such failure— ‘‘(I) is actionable as an act of infringement under section 501 and the court may in its discre- tion impose the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; and ‘‘(II) shall result in the termination of the waiver issued under subparagraph (A). ‘‘(ii) FAILURE TO PROVIDE LOCAL-INTO-LOCAL SERVICE.—If the court issuing a temporary waiver under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to provide local-into-local service to all DMAs, but determines that the carrier acted reasonably and in good faith, the court may in its discretion impose financial penalties that reflect— ‘‘(I) the degree of control the carrier had over the circumstances that resulted in the failure; ‘‘(II) the quality of the carrier’s efforts to remedy the failure; and ‘‘(III) the severity and duration of any service interruption. ‘‘(D) SINGLE TEMPORARY WAIVER AVAILABLE.—An entity may only receive one temporary waiver under this para- graph. ‘‘(E) SHORT MARKET DEFINED.—For purposes of this paragraph, the term ‘short market’ means a local market in which programming of one or more of the four most widely viewed television networks nationwide as measured on the date of the enactment of this subsection is not offered on the primary stream transmitted by any local television broadcast station. ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER RECOGNITION.— Time period.