Page:United States Statutes at Large Volume 124.djvu/1277

 124 STAT. 1251 PUBLIC LAW 111–175—MAY 27, 2010 ‘‘(2) with respect to each designated market area in which such satellite carrier was not providing such local service as of the date of enactment of the Satellite Television Extension and Localism Act of 2010— ‘‘(A) the satellite carrier’s satellite beams are designed, and predicted by the satellite manufacturer’s pre-launch test data, to provide a good quality satellite signal to at least 90 percent of the households in each such designated market area based on the most recent census data released by the United States Census Bureau; and ‘‘(B) there is no material evidence that there has been a satellite or sub-system failure subsequent to the satellite’s launch that precludes the ability of the satellite carrier to satisfy the requirements of subparagraph (A). ‘‘(b) INFORMATION REQUIRED.—Any entity seeking the certifi- cation provided for in subsection (a) shall submit to the Commission the following information: ‘‘(1) An affidavit stating that, to the best of the affiant’s knowledge, the satellite carrier provides local service in all designated market areas pursuant to the statutory license pro- vided for in section 122 of title 17, United States Code, and listing those designated market areas in which local service was provided as of the date of enactment of the Satellite Tele- vision Extension and Localism Act of 2010. ‘‘(2) For each designated market area not listed in para- graph (1): ‘‘(A) Identification of each such designated market area and the location of its local receive facility. ‘‘(B) Data showing the number of households, and maps showing the geographic distribution thereof, in each such designated market area based on the most recent census data released by the United States Census Bureau. ‘‘(C) Maps, with superimposed effective isotropically radiated power predictions obtained in the satellite manu- facturer’s pre-launch tests, showing that the contours of the carrier’s satellite beams as designed and the geographic area that the carrier’s satellite beams are designed to cover are predicted to provide 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. ‘‘(D) For any satellite relied upon for certification under this section, an affidavit stating that, to the best of the affiant’s knowledge, there have been no satellite or sub- system failures subsequent to the satellite’s launch that would degrade the design performance to such a degree that a satellite transponder used to provide local service to any such designated market area is precluded from delivering 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. ‘‘(E) Any additional engineering, designated market area, or other information the Commission considers nec- essary to determine whether the Commission shall grant a certification under this section. ‘‘(c) CERTIFICATION ISSUANCE.— Submission.