118 STAT. 3404 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(ii) shall be adjusted by the Librarian of Congress on January 1, 2007, and on January 1 of each year thereafter, to reflect any changes occurring during the preceding 12 months in the cost of living as determined by the most recent Consumer Price Index (for all con sumers and items) published by the Secretary of Labor.’’. (6) Subsection (a)(7), as redesignated by section 102(5) of this Act, is amended— (A) in subparagraph (A), by striking ‘‘who does not reside in an unserved household’’ and inserting ‘‘who is not eligible to receive the transmission under this section’’; (B) in subparagraph (B), by striking ‘‘who do not reside in unserved households’’ and inserting ‘‘who are not eligible to receive the transmission under this section’’; and (C) in subparagraph (D), by striking ‘‘is for private home viewing to an unserved household’’ and inserting ‘‘is to a subscriber who is eligible to receive the secondary transmission under this section’’. SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER TELEVISION STATIONS. (a) IN GENERAL.—Section 119(a) of title 17, United States Code (as amended by sections 102 and 103 of this Act), is further amended by adding at the end the following: ‘‘(15) CARRIAGE OF LOW POWER TELEVISION STATIONS.— ‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B), and subject to subparagraphs (B) through (F) of this para graph, the statutory license provided for in paragraphs (1) and (2) shall apply to the secondary transmission of the primary transmission of a network station or a super station that is licensed as a low power television station, to a subscriber who resides within the same local market. ‘‘(B) GEOGRAPHIC LIMITATION.— ‘‘(i) NETWORK STATIONS.—With respect to network stations, secondary transmissions provided for in subparagraph (A) shall be limited to secondary trans missions to subscribers who— ‘‘(I) reside in the same local market as the station originating the signal; and ‘‘(II) reside within 35 miles of the transmitter site of such station, except that in the case of such a station located in a standard metropolitan statistical area which has 1 of the 50 largest popu lations of all standard metropolitan statistical areas (based on the 1980 decennial census of popu lation taken by the Secretary of Commerce), the number of miles shall be 20. ‘‘(ii) SUPERSTATIONS.—With respect to supersta tions, secondary transmissions provided for in subpara graph (A) shall be limited to secondary transmissions to subscribers who reside in the same local market as the station originating the signal. Applicability.
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