Page:United States Statutes at Large Volume 118.djvu/3452

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

118 STAT. 3422 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(ix) SPECIAL WAIVER PROVISION FOR TRANS LATORS.—Upon request by a television translator sta tion, the Commission may grant, for not more than 3 years, a waiver with respect to such station to the beginning of testing under clause (vii), and prohibit subscribers from receiving digital signal strength testing with respect to such station, if the Commission determines that the translator station is not broad casting a digital signal due to one or more of the following: ‘‘(I) frequent occurrence of inclement weather; or ‘‘(II) mountainous terrain at the transmitter tower location. ‘‘(x) SAVINGS PROVISION.—Nothing in this subpara graph shall be construed to affect a satellite carrier’s obligations under section 338. ‘‘(xi) DEFINITION.—For purposes of clause (viii), the term ‘emergency response providers’ means Federal, State, or local governmental and nongovernmental emergency public safety, law enforcement, fire, emer gency response, emergency medical (including hospital emergency facilities), and related personnel, organiza tions, agencies, or authorities. ‘‘(E) AUTHORITY TO GRANT STATION SPECIFIC WAIVERS.— This paragraph shall not prohibit a retransmission of a distant analog signal or distant digital signal (within the meaning of subparagraph (A), (B), or (D)) of any distant network station to any subscriber to whom the signal of a local network station affiliated with the same network is available, if and to the extent that such local network station has affirmatively granted a waiver from the require ments of this paragraph to such satellite carrier with respect to retransmission of such distant network station to such subscriber. ‘‘(F) NOTICES TO NETWORKS OF DISTANT SIGNAL SUB SCRIBERS.— ‘‘(i) Within 60 days after the date of enactment of the Satellite Home Viewer Extension and Reauthor ization Act of 2004, each satellite carrier that provides a distant signal of a network station to a subscriber pursuant to subparagraph (A) or (B)(i) of this para graph shall submit to each network— ‘‘(I) a list, aggregated by designated market area, identifying each subscriber provided such a signal by— ‘‘(aa) name; ‘‘(bb) address (street or rural route number, city, State, and zip code); and ‘‘(cc) the distant network signal or signals received; and ‘‘(II) a statement that, to the best of the car rier’s knowledge and belief after having made dili gent and good faith inquiries, the subscriber is qualified under the existing law to receive the distant network signal or signals pursuant to subparagraph (A) or (B)(i) of this paragraph. Deadline.