47 U.S.C. § 339 — Carriage of distant television stations by satellite carriers
submitted 92 years ago by Pub. L. 106-113 to r/title-47-TELECOMMUNICATIONS · 3,250 words · no verdicts yet
Satellite TV companies can send subscribers up to two 'distant' out-of-market network signals per network each day. Once a subscriber's local network signal becomes available, this law generally phases out that duplicate distant signal. Grandfathered subscribers get some transition protections. The FCC also extended exclusivity and sports-blackout rules to satellite carriers. It set up signal testing to verify who truly lacks local coverage.
(a) Rules for carrying "distant" network signals.
(1) A satellite carrier can send a household the signals of up to two stations per television network each day — "distant" signals from outside that household's own local market — subject to the licensing rules in section 119 of title 17. On top of those distant signals, the carrier can also provide the household's actual local-market stations under the section 122 license*; that local service comes in addition to, not instead of, the two distant signals.
(2) Starting after December 8, 2004, the law generally requires carriers to phase out distant network signals once a matching local signal becomes available, but it treats different groups of subscribers differently:
- Grandfathered subscribers who were already lawfully receiving a distant signal (solely because of section 119(e)) as of October 1, 2009: if the carrier later offers that subscriber the local station from the same network, the carrier can keep sending the distant signal only if the subscriber affirmatively chooses, within 60 days of the carrier's notice, to keep it — and only until the subscriber later switches to the local signal. A carrier generally can't send this kind of distant signal at all unless it reported that subscriber to the network within 60 days after December 8, 2004. Subscribers who were eligible this way but weren't actually receiving a distant signal by October 1, 2009 can't start receiving one now.
- Other subscribers (not covered by the grandfathering rule above): if the carrier already offered the matching local signal as of January 1, 2005, it can keep providing the distant signal only if it reported the subscriber to the network by March 1, 2005. If the carrier didn't yet offer the local signal on January 1, 2005, it can still provide the distant signal to a new subscriber who signs up before the carrier starts carrying that local market under section 338, as long as the carrier reports that subscriber to the network within 60 days after it starts local carriage. A subscriber who was already lawfully receiving a distant signal the day before the 2010 STELA law was enacted can keep getting both the distant and the local signal until they choose to drop the distant one.
- Going forward, a carrier can't start giving someone a new distant signal if that person lives where the carrier already offers a reachable local signal from the same network — and if a person legally gets a distant signal but the carrier later starts offering a reachable local signal from the same network, that person must switch to the local signal within 60 days of it becoming available, or lose the distant one.
- To even qualify for a distant signal, a household generally must fail one of these tests: a predictive engineering model says it can't receive the required local signal strength; an actual on-site test confirms it can't receive that signal strength; or it counts as an "unserved household" under section 119(d)(10)(A) of title 17. Anyone who already lawfully had a distant signal before the 2010 STELA law can keep it. Where a local signal is available, a carrier may keep providing a distant signal only if — for markets in the 48 contiguous states — the distant station's prime-time shows generally air at the same time as, or later than, the local affiliate's. None of this changes a carrier's separate obligations to carry local signals under section 338.
- A local station can also voluntarily waive these restrictions for a specific subscriber, letting the carrier keep sending that subscriber a distant signal even though the local signal is available.
- Carriers must formally report their distant-signal subscribers to the networks: within 60 days after December 8, 2004, for subscribers covered by the rules above, and within 60 days after starting local-market carriage, for subscribers in a newly added local market. Each report lists the subscribers by name, address, and which distant signal they receive, plus a statement that the carrier believes, after a diligent check, that each subscriber legally qualifies.
- These distant-signal rules don't affect a subscriber's separate eligibility for secondary transmissions under section 340, or as an "unserved household" under section 119(a)(12) of title 17. A carrier counts as "making available" a local signal to someone if it offers that same signal to other subscribers who share that person's zip code.
(3) A carrier that knowingly and willfully breaks these distant-signal rules can be fined $50,000 per violation, or per day the violation continues — except that violations of the "time-shifting" rule about prime-time programming are instead enforced under section 340(f).
(b) Extending exclusivity and blackout protections to satellite. Within 45 days after November 29, 1999, the FCC had to start a rulemaking to: apply the existing network-nonduplication, syndicated-exclusivity, and sports-blackout protections (that already applied to cable) to satellite carriers retransmitting nationally distributed "superstations," and, as far as technically and economically feasible, apply sports-blackout protection to satellite retransmission of network stations too. The FCC had to finish this rulemaking so the new rules took effect within one year after November 29, 1999.
(c) Determining who's eligible for distant signals.
(1) This paragraph has been repealed and no longer has any effect.
(2) A subscriber who's denied a distant network signal can ask, through their satellite carrier, for a waiver from the network station itself. The station has 30 days to accept or reject the request; if it doesn't respond in time, it's automatically treated as having agreed, and the subscriber becomes eligible to receive the signal.
(3) The FCC had to build a better predictive model (relying on the "Individual Location Longley-Rice" model) within 270 days after the 2010 STELA law, to reliably predict whether a specific address can receive an adequate over-the-air signal — accounting for translator and low-power stations — and to keep refining that model as new data comes in. The FCC also had to finish a related rulemaking on in-person, on-location signal testing within that same 270 days, while trying to minimize the hassle for consumers.
(4) If a station rejects a subscriber's waiver request, the subscriber can ask for an actual signal test. The carrier and the station pick an independent tester together (or, if they can't agree, the FCC designates a neutral party to pick one); the test happens within 30 days. If the test shows the subscriber's household doesn't get a strong enough signal, the subscriber can't be denied the distant signal. Whoever's signal fails the test — the carrier's argument or the station's — generally pays for the test, unless the carrier and station agree otherwise. The FCC's rules for all this must avoid placing an undue burden on anyone. The FCC also had to exempt subscribers from needing this formal verification at all, within a year after December 8, 2004, if their carrier already offers local broadcast signals under section 338. And if a carrier refuses to take part in testing at all, in a market where it doesn't offer local signals, the subscriber can pay for their own approved signal test; the tester must give five business days' notice, and the test result then controls the outcome.
(5) For the waiver and testing rules in (2) and (4) only, "satellite carrier" also includes a distributor — but only one whose relationship with the subscriber covers billing, collections, and turning the service on and off.
(d) Definitions. "Local market" has the meaning given in section 122(j) of title 17. A "nationally distributed superstation" is a Commission-licensed TV station that wasn't owned by or affiliated with a major television network as of January 1, 1995; was already being retransmitted by a satellite carrier as of May 1, 1991 (without itself being a network station then); and was still being retransmitted under the section 119 license as of July 1, 1998. "Network station" and "satellite carrier" both carry the meanings given in section 119(d) of title 17. A "television network" is a U.S. TV network that provides at least 15 hours a week of interconnected programming to at least 25 affiliated stations in at least 10 states.
Subject to section 119 of title 17, any satellite carrier shall be permitted to provide the signals of no more than two network stations in a single day for each television network to any household not located within the local markets of those network stations.
In addition to signals provided under subparagraph (A), any satellite carrier may also provide service under the statutory license* of section 122 of title 17, to the local market within which such household is located. The service provided under section 122 of such title may be in addition to the two signals provided under section 119 of such title.
Notwithstanding any other provision of paragraph (1), the following rules shall apply after December 8, 2004:
In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station solely by reason of section 119(e) 1 of title 17 (in this subparagraph referred to as a “distant signal”), and who, as of October 1, 2009, is receiving the distant signal of that network station, the following shall apply:
In a case in which the satellite carrier makes available to the subscriber the signal of a local network station affiliated with the same television network pursuant to section 338 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber—
if, within 60 days after receiving the notice of the satellite carrier under section 338(h)(1) of this title, the subscriber elects to retain the distant signal; but
only until such time as the subscriber elects to receive such local signal.
Notwithstanding subclause (I), the carrier may not retransmit the distant signal to any subscriber who is eligible to receive the signal of a network station solely by reason of section 119(e) 1 of title 17, unless such carrier, within 60 days after December 8, 2004, submits to that television network the list and statement required by subparagraph (F)(i).
In the case of any subscriber of a satellite carrier who is eligible to receive the distant signal of a network station solely by reason of section 119(e) 1 of title 17 and who did not receive a distant signal of a station affiliated with the same network on October 1, 2009, the carrier may not provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber.
In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under this section (in this subparagraph referred to as a “distant signal”), other than subscribers to whom subparagraph (A) applies, the following shall apply:
In a case in which the satellite carrier makes available to that subscriber, on January 1, 2005, the signal of a local network station affiliated with the same television network pursuant to section 338 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if the subscriber’s satellite carrier, not later than March 1, 2005, submits to that television network the list and statement required by subparagraph (F)(i).
In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the signal of a local network station pursuant to section 338 of this title, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if—
that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry pursuant to section 338 of this title the signals of stations from the local market of such local network station; and
the satellite carrier, within 60 days after such date, submits to each television network the list and statement required by subparagraph (F)(ii).
A subscriber of a satellite carrier who was lawfully receiving the distant signal of a network station on the day before the date of enactment of the Satellite Television Extension and Localism Act of 2010 may receive both such distant signal and the local signal of a network station affiliated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal.
A satellite carrier may not provide a distant signal (within the meaning of subparagraph (A) or (B)) to a person who—
is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes available to that person the signal of a local network station affiliated with the same television network pursuant to section 338 of this title (and the retransmission of such signal by such carrier can reach such subscriber); or
lawfully subscribes to and receives a distant signal on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, and, subsequent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affiliated with the same network as the distant signal (and the retransmission of such signal by such carrier can reach such subscriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available.
A subscriber of a satellite carrier shall be eligible to receive a distant signal of a network station affiliated with the same network under this section if, with respect to a local network station, such subscriber—
is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal intensity required under section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation;
is determined, based on a test conducted in accordance with section 73.686(d) of title 47, Code of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds the signal intensity standard in section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor regulation; or
is in an unserved household, as determined under section 119(d)(10)(A) 1 of title 17.
Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant signal as of the date of enactment of the Satellite Television Extension and Localism Act of 2010 may continue to receive such distant signal.
In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph the signal of a local network station pursuant to section 338 of this title, the carrier may only provide the distant signal of a station affiliated with the same network to that subscriber if, in the case of any local market in the 48 contiguous States of the United States*, the distant signal is the secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time network programming of the affiliate* of the same network in the local market.
Nothing in this subparagraph shall be construed to affect a satellite carrier’s obligations under section 338 of this title.
This paragraph shall not prohibit a retransmission of a distant signal of any distant network station to any subscriber to whom the signal of a local network station affiliated with the same network is available, if and to the extent that such local network station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with respect to retransmission of such distant network station to such subscriber.
Within 60 days after December 8, 2004, each satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (A) or (B)(i) of this paragraph shall submit to each network—
a list, aggregated by designated market area, identifying each subscriber provided such a signal by—
name;
address (street or rural route number, city, State*, and zip code); and
the distant network signal or signals received; and
a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (A) or (B)(i) of this paragraph.
Within 60 days after the date a satellite carrier commences to carry pursuant to section 338 of this title the signals of stations from a local market, such a satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (B)(ii) of this paragraph shall submit to each network—
a list identifying each subscriber in that local market provided such a signal by—
name;
address (street or rural route number, city, State, and zip code); and
the distant network signal or signals received; and
a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (B)(ii) of this paragraph.
This paragraph shall not affect the eligibility of a subscriber to receive secondary transmissions under section 340 of this title or as an unserved household included under section 119(a)(12) 1 of title 17.
For purposes of this paragraph, a satellite carrier makes available a local signal to a subscriber or person if the satellite carrier offers that local signal to other subscribers who reside in the same zip code as that subscriber or person.
Any satellite carrier that knowingly and willfully provides the signals of television stations to subscribers in violation of this subsection shall be liable for a forfeiture penalty under section 503 of this title in the amount of $50,000 for each violation or each day of a continuing violation, except that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the provisions of section 340(f) of this title.
Within 45 days after November 29, 1999, the Commission shall commence a single rulemaking proceeding to establish regulations that—
apply network nonduplication protection (47 CFR 76.92) syndicated exclusivity protection (47 CFR 76.151), and sports blackout protection (47 CFR 76.67) to the retransmission of the signals of nationally distributed superstations by satellite carriers to subscribers; and
to the extent technically feasible and not economically prohibitive, apply sports blackout protection (47 CFR 76.67) to the retransmission of the signals of network stations by satellite carriers to subscribers.
The Commission shall complete all actions necessary to prescribe regulations required by this section so that the regulations shall become effective within 1 year after November 29, 1999.
A subscriber who is denied the retransmission of a signal of a network station under section 119 of title 17 may request a waiver from such denial by submitting a request, through such subscriber’s satellite carrier, to the network station asserting that the retransmission is prohibited. The network station shall accept or reject a subscriber’s request for a waiver within 30 days after receipt of the request. The subscriber shall be permitted to receive such retransmission under section 119(d)(10)(B) 1 of title 17, if such station agrees to the waiver request and files with the satellite carrier a written waiver with respect to that subscriber allowing the subscriber to receive such retransmission. If a television network station fails to accept or reject a subscriber’s request for a waiver within the 30-day period after receipt of the request, that station shall be deemed to agree to the waiver request and have filed such written waiver.
Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations, through the use of an antenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or a successor regulation, including to account for the continuing operation of translator stations and low power television stations. In prescribing such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Commission in CS Docket No. 98–201, as previously revised with respect to analog signals, and as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05–182, FCC 05–199 (released December 9, 2005). The Commission shall establish procedures for the continued refinement in the application of the model by the use of additional data as it becomes available.
The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.
If a subscriber’s request for a waiver under paragraph (2) is rejected and the subscriber submits to the subscriber’s satellite carrier a request for a test verifying the subscriber’s inability to receive a signal of the signal intensity referenced in clause (i) of subsection (a)(2)(D), the satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct the test referenced in such clause. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in accordance with such clause demonstrate that the subscriber does not receive a signal that meets or exceeds the requisite signal intensity standard in such clause, the subscriber shall not be denied the retransmission of a signal of a network station under section 119(d)(10)(A) 1 of title 17.
If the satellite carrier and the network station or stations asserting that the retransmission is prohibited are unable to agree on such a person to conduct the test, the person shall be designated by an independent and neutral entity designated by the Commission by rule. Unless the satellite carrier and the network station or stations otherwise agree, the costs of conducting the test under this paragraph shall be borne by the satellite carrier, if the station’s signal meets or exceeds such requisite signal intensity standard, or by the network station, if its signal fails to meet or exceed such standard.
Commission regulations prescribed under this paragraph shall seek to avoid any undue burden on any party.
Within 1 year after December 8, 2004, the Commission shall by rule exempt from the verification requirements of subparagraph (A) any request for a test made by a subscriber to a satellite carrier to whom the retransmission of the signals of local broadcast stations is available under section 338 of this title from such carrier.
A satellite carrier may refuse to engage in the testing process. If the carrier does so refuse, a subscriber in a local market in which the satellite carrier does not offer the signals of local broadcast stations under section 338 of this title may, at his or her own expense, authorize a signal intensity test to be performed pursuant to the procedures specified by the Commission in section 73.686(d) of title 47, Code of Federal Regulations, by a tester who is approved by the satellite carrier and by each affected network station, or who has been previously approved by the satellite carrier and by each affected network station but not previously disapproved. A tester may not be so disapproved for a test after the tester has commenced such test. The tester shall give 5 business days advance written notice to the satellite carrier and to the affected network station or stations. A signal intensity test conducted in accordance with this subparagraph shall be determinative of the signal strength received at that household for purposes of determining whether the household is capable of receiving a signal.
Notwithstanding subsection (d)(4), for purposes of paragraphs (2) and (4) of this subsection, the term “satellite carrier” includes a distributor (as defined in section 119(d)(1) of title 17), but only if the satellite distributor’s relationship with the subscriber includes billing, collection, service activation, and service deactivation.
For the purposes of this section:
The term “local market” has the meaning given that term under section 122(j) of title 17.
The term “nationally distributed superstation” means a television broadcast station, licensed by the Commission, that—
is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States;
on May 1, 1991, was retransmitted by a satellite carrier and was not a network station at that time; and
was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of section 119 of title 17.
The term “network station” has the meaning given such term under section 119(d) of title 17.
The term “satellite carrier” has the meaning given such term under section 119(d) of title 17.
The term “television network” means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States.
Source credit: (June 19, 1934, ch. 652, title III, § 339, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–534; amended Pub. L. 106–553, § 1(a)(2) [title X, § 1001, formerly § 1008], Dec. 21, 2000, 114 Stat. 2762, 2762A–140, renumbered § 1001, Pub. L. 115–334, title VI, § 6603(3), Dec. 20, 2018, 132 Stat. 4777; Pub. L. 108–447, div. J, title IX [title II, §§ 204, 209], Dec. 8, 2004, 118 Stat. 3416, 3429; Pub. L. 111–175, title II, § 204(b), May 27, 2010, 124 Stat. 1246; Pub. L. 115–141, div. P, title IV, § 402(i)(7), Mar. 23, 2018, 132 Stat. 1090.)
- 1934Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2000Amended · Pub. L. 106-553 · 114 Stat. 2762, 2762
- 2004Amended · Pub. L. 108-447 · 118 Stat. 3416, 3429
- 2010Amended · Pub. L. 111-175 · 124 Stat. 1246
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1090
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1934-06-19.
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