,,ib ,union ,calendar ,no4 #bhb #aafth ,,congress #ast ,session ,h4 ,r4 #eadj ,report ,no4 #aaf-ced ,,in ,,the ,,house ,,of ,,representatives ,november #ah1 #bjai ,mr4 ,nadler introduced the following bill2 which was referred to the ,committee on the ,judiciary ,december #ag1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,november #ah1 #bjai ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to narrow the category of households eligible to receive signals under a distant-signal satellite license1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,satellite ,television ,community ,protection and ,promotion ,act of #bjai4 #b4 ,eligibility to receive signals under a distant-signal satellite license 7a7 ,in general ,section #aai of title #ag1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking signals1 and and inserting signals12 7,,ii7 by inserting 1 and the carrier provides local-into-local service to all ,d,m,as after receiving the secondary transmission2 and 7,,iii7 by adding at the end the following new sentence3 ,failure to reach an agreement with network stations to retransmit their signals shall not be construed to affect compliance with providing local-into-local service to all ,d,m,as if the satellite carrier has the capability to retransmit such signals when an agreement is reached42 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking clauses 7ii7 and 7iii72 and 7,,ii7 by adding at the end the following3 7ii7 ,short markets ,in the case of secondary transmissions to households located in short markets1 subject to clause 7i71 the statutory license shall be further limited to secondary transmissions of only those primary transmissions of network stations that embody the programming of networks not offered on the primary stream or the multicast stream transmitted by any network station in that market4 2 and 7iii7 by adding at the end the following3 7,d7 ,temporary and limited use of license 7i7 ,in general ,notwithstanding the requirement under subparagraph 7,a7 that a satellite carrier provide local-into-local service to all ,d,m,as before making a secondary transmission under the license under this section1 a satellite carrier that does not provide local-into-local service to all ,d,m,as may make a covered transmission under such license if not later than #ahj days after the date of the enactment of the ,satellite ,television ,community ,protection and ,promotion ,act of #bjai the satellite carrier-- 7,i7 demonstrates that it has acted reasonably and made a good faith effort to provide local-into-local service to all ,d,m,as and that it will continue to make a good faith effort to provide local-into-local service to all ,d,m,as2 and 7,,ii7 files a ,notice of ,temporary ,limited ,use with the ,copyright ,office in accordance with clause 7ii74 7ii7 ,notice of ,temporary ,limited ,use ,a ,notice of ,temporary ,limited ,use filed with the ,copyright ,office under this subparagraph shall contain-- 7,i7 an affirmation that the carrier intends to make covered transmissions under the license under this section despite not providing local-into-local service to all ,d,m,as2 7,,ii7 a signed statement that the satellite carrier acted reasonably and made good faith efforts to provide local-into-local service to all ,d,m,as2 7,,iii7 a list of the designated market areas with respect to which no local-into-local service is provided by the satellite carrier2 and 7,,iv7 a summary of actions taken by the satellite carrier to make arrangements to provide local-into-local service to all ,d,m,as4 7iii7 ,period of temporary and limited license 7,i7 ,initial #ij-;day period ,a satellite carrier that meets the requirements of this subparagraph may use the license under this section to make covered transmissions for a #ij-;day period beginning on the date such carrier files a ,notice of ,temporary ,limited ,use with the ,copyright ,office4 7,,ii7 ,additional periods ,the initial #ij-;day period described under clause 7,i7 may be extended for additional periods of #ij days if the satellite carrier files a new ,notice of ,temporary ,limited ,use with the ,copyright ,office on or before the last day of such initial period1 and each successive #ij-;day period thereafter4 7iv7 ,audit and verification of ,notices ,the ,register of ,copyrights shall issue regulations that are similar in nature to the regulations issued under subsection 7b77#b7 to permit interested parties to verify and audit ,notices of ,temporary ,limited ,use filed by satellite carriers under this subparagraph4 7v7 ,challenge ,any owner of a network station for which the primary stream or multicast stream of that network would have been transmitted by a satellite carrier under the license under this section but for the failure of that satellite carrier to provide local-into-local service to all ,d,m,as may bring a civil action to challenge the sufficiency of the reasonable actions and good faith efforts of that satellite carrier to provide local-into-local service to all ,d,m,as1 as such actions and efforts are described in the applicable ,notice of ,temporary ,limited ,use4 7vi7 ,covered transmission defined ,in this subparagraph1 the term covered transmission means a secondary transmission of a primary transmission made by a network station to an unserved household4 4 7,b7 by striking paragraphs 7#c71 7#f77;,e71 7#i71 7#aj71 and 7#ac72 and 7,c7 by redesignating paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#aa71 7#ab71 and 7#ad7 as paragraphs 7#c7 through 7#aj71 respectively2 7#b7 in subsection 7c77#a77;,e7-- 7,a7 by striking the comma after in the agreement2 7,b7 by striking until ,december #ca1 #bjai1 or2 and 7,c7 by striking 1 whichever is later and inserting until the subscriber for which the royalty is payable is no longer eligible to receive a secondary transmission pursuant to the license under this section2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#aj7-- 7i7 in subparagraph 7,d71 by striking subsection 7a77#aa7 and inserting subsection 7a77#h72 7ii7 by striking subparagraphs 7,a71 7,b71 7,c71 and 7,e72 7iii7 by redesignating subparagraph 7,d7 as subparagraph 7,a72 and 7iv7 by adding at the end the following3 7,b7 is a subscriber located in a short market4 2 7,b7 by striking paragraph 7#ac72 7,c7 by redesignating paragraphs 7#ad7 and 7#ae7 as paragraphs 7#ac7 and 7#ad71 respectively2 and 7,d7 by adding at the end the following3 7#ae7 ,local-into-local service to all ,d,m,as ,the term local-into-local service to all ,d,m,as has the meaning given such term in subsection 7f77#g74 7#af7 ,short market ,the term short market means a local market in which programming of one or more of the four most widely viewed television networks nationwide is not offered on either the primary stream or multicast stream transmitted by any network station in that market4 2 7#d7 by striking subsections 7e7 and 7h72 and 7#e7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f74 7b7 ,previously covered subscribers under the ,,stela ,reauthorization ,act of #bjad 7#a7 ,in general ,a subscriber of a satellite carrier who receives the secondary transmission of a network station under the statutory license in section #aai of title #ag1 ,united ,states ,code1 as in effect on the day before the date of the enactment of this ,act1 and to whom subsection 7a77#b77;,b7 of such section1 as amended by subsection 7a71 does not apply1 shall continue to be eligible to receive that secondary transmission from such carrier under such license1 and at the royalty rate established for such license by the ,copyright ,royalty ,board or voluntary agreement1 as applicable1 until the date that is the earlier of-- 7,a7 #ahj days after the date of the enactment of this ,act2 or 7,b7 the date on which such carrier provides local-into-local service to all ,d,m,as4 7#b7 ,definitions ,in this subsection1 the terms satellite carrier1 subscriber1 secondary transmission1 network station1 and local-into-local service to all ,d,m,as have the meaning given those terms in section #aai of title #ag1 ,united ,states ,code4 7c7 ,conforming amendments ,title #ag1 ,united ,states ,code1 is further amended-- 7#a7 in section #aai1 as amended by subsection 7a7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking paragraphs 7#d71 7#e71 and 7#g7 and inserting paragraphs 7#c71 7#d71 and 7#f72 and 7ii7 in paragraph 7#b71 by striking paragraphs 7#d71 7#e71 7#f71 and 7#g7 and inserting paragraphs 7#c71 7#d71 7#e71 and 7#f72 and 7,b7 in subsection 7g71 by striking subsection 7a77#g77;,b7 each place it appears and inserting subsection 7a77#e77;,b72 and 7#b7 in section #eja7;e71 by striking section #aai7;a77#e7 and inserting section #aai7;a77#c74 ,december #ag1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed