118 STAT. 3420 PUBLIC LAW 108–447—DEC. 8, 2004 request for the test. Such test shall be conducted by a qualified and independent person selected by the satellite carrier and the network station or stations, or who has been previously approved by the satellite carrier and by each affected net work station but not previously disapproved. A tester may not be so disapproved for a test after the tester has commenced such test. ‘‘(III) Unless the satellite carrier and the net work station or stations otherwise agree, the costs of conducting the test shall be borne as follows: ‘‘(aa) If the subscriber is not eligible for a distant digital signal under clause (i)(I) of this subparagraph (by reason of being outside of the coverage area of the analog signal), the satellite carrier may request the station licensee for a waiver. ‘‘(bb) If the licensee agrees to a waiver, or fails to respond to a waiver request within 30 days, the subscriber may receive such dis tant digital signal. ‘‘(cc) If the licensee refuses to grant a waiver, the subscriber may request the sat ellite carrier to conduct the test. ‘‘(dd) If the satellite carrier requests the test and— ‘‘(AA) the station’s signal is deter mined to exceed such signal intensity standard, the costs of the test shall be borne by the satellite carrier; and ‘‘(BB) the station’s signal is deter mined to not exceed such signal intensity standard, the costs of the test shall be borne by the licensee. ‘‘(ee) If the satellite carrier does not request the test, or fails to respond within 30 days, the subscriber may request the test be conducted under the supervision of the car rier, and the costs of the test shall be borne by the subscriber in accordance with regula tions prescribed by the Commission. Such regulations shall also require the carrier to notify the subscriber of the typical costs of such test. ‘‘(vii) TRIGGER EVENTS FOR USE OF TESTING.—A subscriber shall not be eligible for a distant digital signal under clause (i)(III) pursuant to a test conducted under clause (vii) until— ‘‘(I) in the case of a subscriber whose household is located within the area predicted to be served (by the predictive model for analog signals under subsection (b)(3) of this section) by the signal of a local network station and who is seeking a dis tant digital signal of a station affiliated with the same network as that local network station— Deadline.
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