Page:United States Statutes at Large Volume 124.djvu/1254

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124 STAT. 1228 PUBLIC LAW 111–175—MAY 27, 2010 a cable system whether signals are significantly viewed in a community. ‘‘(B) WAIVER.—A subscriber who is denied the sec- ondary transmission of the primary transmission of a net- work station or a non-network station under subparagraph (A) may request a waiver from such denial by submitting a request, through the subscriber’s satellite carrier, to the network station or non-network station in the local market affiliated with the same network or non-network where the subscriber is located. The network station or non-net- work station shall accept or reject the subscriber’s request for a waiver within 30 days after receipt of the request. If the network station or non-network station fails to accept or reject the subscriber’s request for a waiver within that 30-day period, that network station or non-network station shall be deemed to agree to the waiver request. ‘‘(3) SECONDARY TRANSMISSION OF LOW POWER PROGRAM- MING.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and (C), a secondary transmission of a performance or display of a work embodied in a primary transmission of a tele- vision broadcast station to subscribers who receive sec- ondary transmissions of primary transmissions under para- graph (1) shall be subject to statutory licensing under this paragraph if the secondary transmission is of the primary transmission of a television broadcast station that is licensed as a low power television station, to a subscriber who resides within the same designated market area as the station that originates the transmission. ‘‘(B) NO APPLICABILITY TO REPEATERS AND TRANS- LATORS.—Secondary transmissions provided for in subpara- graph (A) shall not apply to any low power television sta- tion that retransmits the programs and signals of another television station for more than 2 hours each day. ‘‘(C) NO IMPACT ON OTHER SECONDARY TRANSMISSIONS OBLIGATIONS.—A satellite carrier that makes secondary transmissions of a primary transmission of a low power television station under a statutory license provided under this section is not required, by reason of such secondary transmissions, to make any other secondary transmissions. ‘‘(4) SPECIAL EXCEPTIONS.—A secondary transmission of a performance or display of a work embodied in a primary trans- mission of a television broadcast station to subscribers who receive secondary transmissions of primary transmissions under paragraph (1) shall, if the secondary transmission is made by a satellite carrier that complies with the requirements of paragraph (1), be subject to statutory licensing under this paragraph as follows: ‘‘(A) STATES WITH SINGLE FULL-POWER NETWORK STA- TION.—In a State in which there is licensed by the Federal Communications Commission a single full-power station that was a network station on January 1, 1995, the statu- tory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier of the primary transmission of that station to any subscriber in a community that is located within that State and that is not within the first 50 television markets as listed in Applicability. Deadline.