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: In this section— the term cable operator has the meaning given the term in section 602; the terms covered county and in-State, adjacent-market network station retransmission have the meanings given those 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; the term local market has the meaning given the term in section 122(j) of title 17, United States Code; the term local network station means, with respect to a subscriber and a television network, the network station— that is affiliated with the television network; and within the local market in which the subscriber is located; and the terms network station and satellite carrier have the meanings given those terms in section 119(d) of title 17, United States Code.
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 the subscriber— retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; an in-State, adjacent-market network station retransmission; or both retransmissions described in paragraphs
(1)and (2). If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)— the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the 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(f) of title 17, United States Code, the provision of that 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 that section and section 342 of this Act. A satellite carrier shall be required to provide a retransmission under subsection
(b)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 the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation. . 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 redesignating paragraphs
(1)through
(5)as paragraphs
(3)through (7), respectively; and by inserting before paragraph (3), as so redesignated, the following: The term covered county has the meaning given the term in section 119(d) of title 17, United States Code. The term in-State, adjacent-market network station retransmission has the meaning given the 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 346(b), 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 346) .
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