118 STAT. 3428 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(C) reasonable attorneys’ fees and other litigation costs reasonably incurred. The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber. ‘‘(8) RULE OF CONSTRUCTION.—Nothing in this title shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy. ‘‘(9) COURT ORDERS.—Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifi able information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order— ‘‘(A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and ‘‘(B) the subject of the information is afforded the opportunity to appear and contest such entity’s claim.’’. (b) EFFECTIVE DATE.—Section 338(i) of the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section shall be effective 60 days after the date of enactment of this Act. SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS. (a) AMENDMENTS.—Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— (1) by striking ‘‘Within 45 days’’ and all that follows through ‘‘1999, the’’ and inserting ‘‘The’’; (2) by striking the second sentence; (3) by striking ‘‘and’’ at the end of clause (i); (4) in clause (ii)— (A) by striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 2010’’; and (B) by striking the period at the end and inserting ‘‘; and’’; and (5) by adding at the end the following new clause: ‘‘(iii) until January 1, 2010, prohibit a multi channel video programming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing dif ferent terms and conditions, including price terms, with different broadcast stations if such different terms and conditions are based on competitive marketplace considerations.’’. (b) DEADLINE.—The Federal Communications Commission shall prescribe regulations to implement the amendment made by sub section (a)(5) within 180 days after the date of enactment of this Act. SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE. (a) STUDY REQUIRED.—No later than 9 months after the date of enactment of the Satellite Home Viewer Extension and Reauthor ization Act of 2004, the Federal Communications Commission shall complete an inquiry regarding the impact on competition in the multichannel video programming distribution market of the current Deadline. Regulations. 47 USC 325 note. 47 USC 338 note.
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