Page:United States Statutes at Large Volume 124.djvu/1278

 124 STAT. 1252 PUBLIC LAW 111–175—MAY 27, 2010 ‘‘(1) PUBLIC COMMENT.—The Commission shall provide 30 days for public comment on a request for certification under this section. ‘‘(2) DEADLINE FOR DECISION.—The Commission shall grant or deny a request for certification within 90 days after the date on which such request is filed. ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity granted qualified carrier status pursuant to section 119(g) of title 17, United States Code, shall file an affidavit with the Commission 30 months after such status was granted stating that, to the best of the affiant’s knowledge, it is in compliance with the requirements for a qualified carrier. ‘‘(e) DEFINITIONS.—For the purposes of this section: ‘‘(1) DESIGNATED MARKET AREA.—The term ‘designated market area’ has the meaning given such term in section 122(j)(2)(C) of title 17, United States Code. ‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— ‘‘(A) IN GENERAL.—The term ‘‘good quality satellite signal’’ means— ‘‘(i) a satellite signal whose power level as designed shall achieve reception and demodulation of the signal at an availability level of at least 99.7 percent using— ‘‘(I) models of satellite antennas normally used by the satellite carrier’s subscribers; and ‘‘(II) the same calculation methodology used by the satellite carrier to determine predicted signal availability in the top 100 designated market areas; and ‘‘(ii) taking into account whether a signal is in standard definition format or high definition format, compression methodology, modulation, error correction, power level, and utilization of advances in technology that do not circumvent the intent of this section to provide for non-discriminatory treatment with respect to any comparable television broadcast station signal, a video signal transmitted by a satellite carrier such that— ‘‘(I) the satellite carrier treats all television broadcast stations’ signals the same with respect to statistical multiplexer prioritization; and ‘‘(II) the number of video signals in the rel- evant satellite transponder is not more than the then current greatest number of video signals car- ried on any equivalent transponder serving the top 100 designated market areas. ‘‘(B) DETERMINATION.—For the purposes of subpara- graph (A), the top 100 designated market areas shall be as determined by Nielsen Media Research and published in the Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication as of the date of a satellite car- rier’s application for certification under this section.’’. Publication. Affidavit. Deadline. Deadline.