Page:United States Statutes at Large Volume 108 Part 4.djvu/846

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108 STAT. 3480 PUBLIC LAW 103-369—OCT. 18, 1994 "(II) the household is an unserved household, the station shall pay the costs of the measurement. " (9) LOSER PAYS FOR SIGNAL INTENSITY MEASUREMENT; RECOVERY OF MEASUREMENT COSTS IN A CIVIL ACTION.— IN ANY civil action filed relating to the eligibility of subscribing households as unserved households— "(A) a network station challenging such eligibility shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the satellite carrier for any signal intensity measurement that is conducted by that carrier in response to a challenge by the network station and that establishes the household is an imserved household; and "(B) a satelUte carrier shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the network station challenging such eligibility for any signal intensity measurement that is conducted by that station and that establishes the household is not an unserved household. "(10) INABILITY TO CONDUCT MEASUREMENT. — If a network station makes a reasonable attempt to conduct a site measurement of its signal at a subscriber's household and is denied access for the purpose of conducting the measurement, and is otherwise unable to conduct a measurement, the satellite carrier shall within 60 days notice thereof, terminate service of the station's network to that household.". (6) Subsection (d) is amended— (A) by amending paragraph (2) to read as follows: "(2) NETWORK STATION.—The term 'network station' means— "(A) a television broadcast station, including any transn. 5. lator station or terrestrial satelUte station that rebroadcasts all or substantiaUy all of the programming broadcast by a network station, that is owned or operated by, or afiiliated with, one or more of the television networks in the United States which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its afiiliated television Ucensees in 10 or more States; or "(B) a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934)."; (B) in paragraph (6) by inserting "and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations" after "Commission"; and (C) by adding at the end the following: "(11) LOCAL MARKET.— The term local market' means the area encompassed within a network station's predicted Grade B contour as that contour is defined by the Federal Communications Commission.". SEC. 3. DEFINITIONS. (a) CABLE SYSTEM.—Section 111(f) of title 17, United States Code, is amended in the paragraph relating to the definition of "cable system" by inserting microwave," after "wires, cables,".