124 STAT. 1225 PUBLIC LAW 111–175—MAY 27, 2010 set forth by the Federal Communications Commis- sion pursuant to a rulemaking as provided in sec- tion 339(c)(3) of the Communications Act of 1934 (47 U.S.C. 339(c)(3)), as that model may be amended by the Commission over time under such section to increase the accuracy of that model. Until such time as the Commission sets forth such model, a court shall rely on the predictive model as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05 –182, FCC 05–199 (released December 9, 2005).’’. (2) MODIFICATIONS TO STATUTORY LICENSE WHERE RETRANS- MISSIONS INTO LOCAL MARKET AVAILABLE.—Section 119(a)(3) (as redesignated) is amended— (A) by striking ‘‘analog’’ each place it appears in a heading and text; (B) by striking subparagraphs (B), (C), and (D), and inserting the following: ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF DATE OF ENACTMENT OF 2010 ACT.—In the case of a subscriber of a satellite carrier who, on the day before the date of the enactment of the Satellite Television Extension and Localism Act of 2010, was lawfully receiving the secondary transmission of the primary transmission of a network station under the statutory license under paragraph (2) (in this subparagraph referred to as the ‘distant signal’), other than subscribers to whom subparagraph (A) applies, the statutory license under paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network, and the subscriber’s household shall continue to be considered to be an unserved household with respect to such network, until such time as the sub- scriber elects to terminate such secondary transmissions, whether or not the subscriber elects to subscribe to receive the secondary transmission of the primary transmission of a local network station affiliated with the same network pursuant to the statutory license under section 122. ‘‘(C) FUTURE APPLICABILITY.— ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME OF SUBSCRIPTION.—The statutory license under paragraph (2) shall not apply to the secondary transmission by a satellite carrier of the primary transmission of a network station to a person who is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such sec- ondary transmission, resides in a local market where the satellite carrier makes available to that person the secondary transmission of the primary trans- mission of a local network station affiliated with the same network pursuant to the statutory license under section 122. Applicability. 117 USC 119.
