Page:United States Statutes at Large Volume 124.djvu/1269

 124 STAT. 1243 PUBLIC LAW 111–175—MAY 27, 2010 this subparagraph, the Comptroller General shall mon- itor the degree to which the entity seeking to be recog- nized or recognized as a qualified carrier under para- graph (3) is complying with the special master’s exam- ination. The qualified carrier shall make available to the Comptroller General all records and individuals that the Comptroller General considers necessary to meet the Comptroller General’s obligations under this clause. The Comptroller General shall report the results of the monitoring required by this clause to the Committees on the Judiciary and on Energy and Commerce of the House of Representatives and the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate at intervals of not less than six months during such period. ‘‘(C) AFFIRMATION.—A qualified carrier shall file an affidavit with the district court and the Register of Copy- rights 30 months after such status was granted stating that, to the best of the affiant’s knowledge, it is in compli- ance with the requirements for a qualified carrier. The qualified carrier shall attach to its affidavit copies of all reports or orders issued by the court, the special master, and the Comptroller General. ‘‘(D) COMPLIANCE DETERMINATION.—Upon the motion of an aggrieved television broadcast station, the court recog- nizing an entity as a qualified carrier may make a deter- mination of whether the entity is providing local-into-local service to all DMAs. ‘‘(E) PLEADING REQUIREMENT.—In any motion brought under subparagraph (D), the party making such motion shall specify one or more designated market areas (as such term is defined in section 122(j)(2)(C)) for which the failure to provide service is being alleged, and, for each such designated market area, shall plead with particularity the circumstances of the alleged failure. ‘‘(F) BURDEN OF PROOF.—In any proceeding to make a determination under subparagraph (D), and with respect to a designated market area for which failure to provide service is alleged, the entity recognized as a qualified car- rier shall have the burden of proving that the entity pro- vided local-into-local service with a good quality satellite signal to at least 90 percent of the households in such designated market area (based on the most recent census data released by the United States Census Bureau) at the time and place alleged. ‘‘(5) FAILURE TO PROVIDE SERVICE.— ‘‘(A) PENALTIES.—If the court recognizing an entity as a qualified carrier finds that such entity has willfully failed to provide local-into-local service to all DMAs, such finding shall result in the loss of recognition of the entity as a qualified carrier and the termination of the waiver provided under paragraph (1), and the court may, in its discretion— ‘‘(i) treat such failure as an act of infringement under section 501, and subject such infringement to the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; and Affidavits. Deadline. Reports. Deadlines. Records.