To amend the Communications Act of 1934 to enhance the ability of direct broadcast satellite providers to offer additional local broadcast services to consumers under limited circumstances, and for other purposes.

July 15, 2004

Mr. SUNUNU (for himself, Mr. GREGG, Mr. JEFFORDS, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To amend the Communications Act of 1934 to enhance the ability of direct broadcast satellite providers to offer additional local broadcast services to consumers under limited circumstances, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Direct Broadcast Satellite North Country Access Act'.

SEC. 2. CARRIAGE OF LOCAL TELEVISION SIGNALS BY CERTAIN SATELLITE CARRIERS.

(a) IN GENERAL- Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a)) is amended--

(1) by striking `(2),' and inserting `(2) and except as provided by paragraph (3),';

(2) by striking `under this subsection' in paragraph (2) and inserting `under paragraph (1)'; and

(3) by striking paragraph (3) and inserting the following:

`(3) Certain broadcast areas-

`(A) SINGLE NETWORK STATION STATES- A satellite carrier may elect to carry also the signal of a commercial television broadcast station that was the only network station (as defined in section 339(d)(3)) in that State as of January 1, 1995, for secondary transmission to subscribers in any community in that State that is not within 1 of the first 50 major television markets listed in section 76.51(a) of the Commission's regulations (47 C.F.R. 76.51(a)), as such regulations were in effect on January 1, 1995, if the satellite carrier is retransmitting the signal of the station pursuant to paragraph (1) of this subsection or section 325(b) of this Act.

`(B) MULTIPLE NETWORK STATION STATES- A satellite carrier may elect to carry also the signals of any network station (as defined in section 339(d)(3)) or superstation (as defined in section 325(b)(2)) in a State in which--

`(i) all network stations and superstations licensed by the Commission as of January 1, 1995, were assigned to the same local market, and

`(ii) that local market does not encompass all counties of that State,

for secondary transmission to subscribers in that State who reside in one of the first 50 major television markets listed in section 76.51(a) of the Commission's regulations (47 C.F.R. 76.51(a)), as such regulations were in effect on January 1, 1995, if the satellite carrier is retransmitting the signals pursuant to paragraph (1) of this subsection or section 325(b) of this Act.'.

(b) CONFORMING AMENDMENT- Section 122(j)(2) of title 17, United States Code, is amended by adding at the end the following:

`(D) CERTAIN STATES- If a satellite carrier elects, under section 338(a)(3) (A) or (B) of the Communications Act of 1934 (47 U.S.C. 338(a)(3) (A) or (B)), to carry the signal of a network station or superstation then, in addition to the area described in subparagraph (A) of this paragraph, the local market of that station includes, solely for the purposes of the secondary transmission of that signal by the satellite carrier, all households within the geographic borders of the State in which that station is licensed.'.

END