118 STAT. 3409 PUBLIC LAW 108–447—DEC. 8, 2004 (b) EXTRA DMA DEEMED LOCAL.—Section 122(j)(2) of title 17, United States Code, is amended by adding at the end thereof the following: ‘‘(D) CERTAIN AREAS OUTSIDE OF ANY DESIGNATED MARKET AREA.—Any census area, borough, or other area in the State of Alaska that is outside of a designated market area, as determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the State of Alaska. A satellite carrier may determine which local market in the State of Alaska will be deemed to be the relevant local market in connection with each subscriber in such census area, borough, or other area.’’. SEC. 112. TECHNICAL AMENDMENT. Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as amended by the Copyright Royalty and Distribution Reform Act of 2004, is amended by inserting before the period at the end the following: ‘‘, except that in the case of proceedings under section 111 that are scheduled to commence in 2005, such notice may not be published. TITLE II—FEDERAL COMMUNICATIONS COMMISSION OPERATIONS SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION. Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(2)(C)) is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2009’’. SEC. 202. CABLE/SATELLITE COMPARABILITY. (a) AMENDMENT.—Part I of title III of the Communications Act of 1934 is amended by inserting after section 339 (47 U.S.C. 339) the following new section: ‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CAR RIED. ‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addition to the broadcast signals that subscribers may receive under section 338 and 339, a satellite carrier is also authorized to retransmit to a subscriber located in a community the signal of any station located outside the local market in which such subscriber is located, to the extent such signal— ‘‘(1) has, before the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, been deter mined by the Federal Communications Commission to be a signal a cable operator may carry as significantly viewed in such community, except to the extent that such signal is pre vented from being carried by a cable system in such community under the Commission’s network nonduplication and syndicated exclusivity rules; or ‘‘(2) is, after such date of enactment, determined by the Commission to be significantly viewed in such community in accordance with the same standards and procedures concerning shares of viewing hours and audience surveys as are applicable 47 USC 340.
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