Lawyers at Directv v. AAD
must disagree. As I understand it Directv supplies distant signals from NY to the Eastern & Central time zones, and LA to the Mountain & Pacific time zones.
Gee, lawyers that disagree, what a concept!
If any of you are having trouble sleeping I offer you the following.....
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47 U.S.C. § 339. Carriage of distant television stations by satellite carriers
[(a)(2)(D)] Special rules for distant digital signals
(i) Eligibility In the case of a subscriber of a satellite carrier who, with respect to a local network station—
(I) is a subscriber whose household is located outside the coverage area of the analog signal of such station as predicted by the model specified in subsection (c)(3) of this section for the signal intensity required under section 73.683(a) of title 47 of the Code of Federal Regulations, or a successor regulation;
(II) is in an unserved household as determined under section 119 (d)(1)(A) of title 17; or
(III) is, after the date on which the conditions required by clause (vii) are met with respect to such station, determined under clause (vi) of this subparagraph to be unable to receive a digital signal of such local network station that exceeds the signal intensity standard specified in such clause;
such subscriber is eligible to receive the digital signal of a distant network station affiliated with the same network under this section (in this subparagraph referred to as a “distant digital signal”) subject to the provisions of this subparagraph.
(ii) Pre-enactment distant digital signal subscribers Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant digital signal as of the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004 [December 8, 2004] may continue to receive such distant digital signal, whether or not such subscriber elects to subscribe to local digital signals.
(iii) Local-to-local analog markets In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph the analog signal of a local network station pursuant to section 338 of this title, the carrier may only provide the distant digital signal of a station affiliated with the same network to that subscriber if—
(I) in the case of any local market in the 48 contiguous States of the United States, the distant digital signal is the secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time network programming of the affiliate of the same network in the local market;
(II) in any local market, the retransmission of the distant digital signal of the distant station occupies at least the equivalent bandwidth (as such term is defined by the Commission under section 340 (h)(4) of this title) as the digital signal broadcast by such station; and
(III) the subscriber subscribes to the analog signal of such local network station within 60 days after such signal is made available by the satellite carrier, and adds to or replaces such analog signal with the digital signal from such local network station within 60 days after such signal is made available by the satellite carrier, except that such distant digital signal may continue to be provided to a subscriber who cannot be reached by the satellite transmission of the local digital signal.
(iv) Local-to-local digital markets After the date on which a satellite carrier makes available the digital signal of a local network station, the carrier may not offer the distant digital signal of a network station affiliated with the same television network to any new subscriber to such distant digital signal after such date, except that such distant digital signal may be provided to a new subscriber who cannot be reached by the satellite transmission of the local digital signal.
(v) Non-local-to-local markets After December 8, 2004, if the satellite carrier does not make available the digital signal of a local network station in a local market, the satellite carrier may offer a new subscriber after such date who is eligible under this subparagraph a distant digital signal from a station affiliated with the same network and, in the case of any local market in the 48 contiguous States of the United States, whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time network programming of the affiliate of the same network in the local market, except that—
(I) such carrier may continue to provide such distant digital signal to such a subscriber after the date on which the carrier makes available the digital signal of a local network station affiliated with such network only if such subscriber subscribes to the digital signal from such local network station; and
(II) the limitation contained in subclause (I) of this clause shall not apply to a subscriber that cannot be reached by the satellite transmission of the local digital signal.
(vi) Signal testing for digital signals
(I) A subscriber shall be eligible for a distant digital signal under clause (i)(III) if such subscriber is determined, based on a test conducted in accordance with section 73.686(d) of title 47, Code of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, as in effect on December 8, 2004.
(II) Such test shall be conducted, upon written request for a digital signal strength test by the subscriber to the satellite carrier, within 30 days after the date the subscriber submits such request for the test. Such test shall be conducted by a qualified and independent person selected by the satellite carrier and the network station or stations, or who has been previously approved by the satellite carrier and by each affected network station but not previously disapproved. A tester may not be so disapproved for a test after the tester has commenced such test.
(III) Unless the satellite carrier and the network station or stations otherwise agree, the costs of conducting the test shall be borne as follows:
(aa) If the subscriber is not eligible for a distant digital signal under clause (i)(I) of this subparagraph (by reason of being outside of the coverage area of the analog signal), the satellite carrier may request the station licensee for a waiver.
(bb) If the licensee agrees to a waiver, or fails to respond to a waiver request within 30 days, the subscriber may receive such distant digital signal.
(cc) If the licensee refuses to grant a waiver, the subscriber may request the satellite carrier to conduct the test.
(dd) If the satellite carrier requests the test and—
(AA) the station’s signal is determined to exceed such signal intensity standard, the costs of the test shall be borne by the satellite carrier; and
(BB) the station’s signal is determined to not exceed such signal intensity standard, the costs of the test shall be borne by the licensee.
(ee) If the satellite carrier does not request the test, or fails to respond within 30 days, the subscriber may request the test be conducted under the supervision of the carrier, and the costs of the test shall be borne by the subscriber in accordance with regulations prescribed by the Commission. Such regulations shall also require the carrier to notify the subscriber of the typical costs of such test.
(vii) Trigger events for use of testing A subscriber shall not be eligible for a distant digital signal under clause (i)(III) pursuant to a test conducted under clause (vii) until—
(I) in the case of a subscriber whose household is located within the area predicted to be served (by the predictive model for analog signals under subsection (b)(3) of this section) by the signal of a local network station and who is seeking a distant digital signal of a station affiliated with the same network as that local network station—
(aa) April 30, 2006, if such local network station is within the top 100 television markets and—
(AA) has received a tentative digital television service channel designation that is the same as such station’s current digital television service channel; or
(BB) has been found by the Commission to have lost interference protection; or
(bb) July 15, 2007, for any other local network stations, other than translator stations licensed to broadcast on December 8, 2004; or
(II) in the case of a translator station, 1 year after the date on which the Commission completes all actions necessary for the allocation and assignment of digital television licenses to television translator stations.
(viii) Testing waivers Upon request by a local network station, the Commission may grant 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. Such a request shall be filed not less than 5 months prior to the implementation deadline specified in such clause, and the Commission shall act on such request by such implementation deadline. Such a waiver shall expire at the end of not more than 6 months, except that a waiver may be renewed upon a proper showing. The Commission may only grant such a request upon submission of clear and convincing evidence that the station’s digital signal coverage is limited due to the unremediable presence of one or more of the following:
(I) the need for international coordination or approvals;
(II) clear zoning or environmental legal impediments;
(III) force majeure;
(IV) the station experiences a substantial decrease in its digital signal coverage area due to necessity of using side-mounted antenna;
(V) substantial technical problems that result in a station experiencing a substantial decrease in its coverage area solely due to actions to avoid interference with emergency response providers; or
(VI) no satellite carrier is providing the retransmission of the analog signals of local network stations under section 338 of this title in the local market.
Under no circumstances may such a waiver be based upon financial exigency.
(ix) Special waiver provision for translators Upon request by a television translator station, 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 broadcasting 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 subparagraph shall be construed to affect a satellite carrier’s obligations under section 338 of this title.
(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, emergency response, emergency medical (including hospital emergency facilities), and related personnel, organizations, agencies, or authorities.
just too funny
