118 STAT. 3418 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(i) ELIGIBILITY.—In the case of a subscriber of a satellite carrier who, with respect to a local network station— ‘‘(I) is a subscriber whose household is located outside the coverage area of the analog signal of such station as predicted by the model specified in subsection (c)(3) of this section for the signal intensity required under section 73.683(a) of title 47 of the Code of Federal Regulations, or a suc cessor regulation; ‘‘(II) is in an unserved household as deter mined under section 119(d)(1)(A) of title 17, United States Code; or ‘‘(III) is, after the date on which the conditions required by clause (vii) are met with respect to such station, determined under clause (vi) of this subparagraph to be unable to receive a digital signal of such local network station that exceeds the signal intensity standard specified in such clause; such subscriber is eligible to receive the digital signal of a distant network station affiliated with the same network under this section (in this subparagraph referred to as a ‘distant digital signal’) subject to the provisions of this subparagraph. ‘‘(ii) PRE ENACTMENT DISTANT DIGITAL SIGNAL SUB SCRIBERS.—Any eligible subscriber under this subpara graph who is a lawful subscriber to such a distant digital signal as of the date of enactment of the Sat ellite Home Viewer Extension and Reauthorization Act of 2004 may continue to receive such distant digital signal, whether or not such subscriber elects to sub scribe to local digital signals. ‘‘(iii) LOCAL TO LOCAL ANALOG MARKETS.—In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph the analog signal of a local network station pursuant to section 338, the carrier may only provide the distant digital signal of a station affiliated with the same network to that subscriber if— ‘‘(I) in the case of any local market in the 48 contiguous States of the United States, the distant digital signal is the secondary transmission of a station whose prime time network program ming is generally broadcast simultaneously with, or later than, the prime time network program ming of the affiliate of the same network in the local market; ‘‘(II) in any local market, the retransmission of the distant digital signal of the distant station occupies at least the equivalent bandwidth (as such term is defined by the Commission under section 340(h)(4)) as the digital signal broadcast by such station; and ‘‘(III) the subscriber subscribes to the analog signal of such local network station within 60 days after such signal is made available by the satellite Deadlines.
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