Sec. 2. Carriage of network station signals in certain counties
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Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to such subscriber— retransmission of the signal of any local network station that such operator or carrier is required to retransmit to such subscriber without regard to this section; an in-State, adjacent-market network station retransmission; or both such retransmissions.
If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (a)— the provision of such retransmission to such subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to such subscriber the signal of a local network station under section 338, 614, or 615; and in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(g) of title 17, United States Code, the provision of such retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of such section and section 342 of this Act.
A satellite carrier is required to provide a retransmission under subsection
(a)only to the extent that such provision is technically feasible, as determined by the Commission. Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. In the case of an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of such station is deemed to be significantly viewed in such county within the meaning of section 76.54 of the Commission’s regulations (47 C.F.R. 76.54). In this section— the term local network station means, with respect to a subscriber and a television network, the network station— that is affiliated with such television network; and within the local market of which such subscriber is located; the term cable operator has the meaning given such term in section 602; the terms network station and satellite carrier have the meanings given such terms in section 119(d) of title 17, United States Code; the terms covered county and in-State, adjacent-market network station retransmission have the meanings given such terms in section 119(d) of title 17, United States Code, except that, in the case of a cable operator, any reference to a satellite carrier or a subscriber of a satellite carrier shall be considered to be a reference to a cable operator or a subscriber of a cable operator, respectively; and the term local market has the meaning given such term in section 122(j) of title 17, United States Code. . Section 339 of the Communications Act of 1934 ( 47 U.S.C. 339 ) is amended— in subsection (a)— in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ; and in paragraph (2), by adding at the end the following: Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and in subsection (d), by adding at the end the following: The term in-State, adjacent-market network station retransmission has the meaning given such term in section 119(d) of title 17, United States Code. The term covered county has the meaning given such term in section 119(d) of title 17, United States Code. . Section 340(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 340(b)(3) ) is amended by inserting before the period at the end the following: or to a subscriber who elects under section 343(a), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in-State, adjacent-market network station retransmission (as defined in . section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 343(e))
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- 47 CFR 76.54
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Sec. 2
Carriage of network station signals in certain counties
Cite47 CFR 76.54
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