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United States Code (Last Updated: May 24, 2014) |
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Title 47. TELECOMMUNICATIONS |
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Chapter 5. WIRE OR RADIO COMMUNICATION |
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SubChapter III. SPECIAL PROVISIONS RELATING TO RADIO |
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Part I. General Provisions |
§ 338. Carriage of local television signals by satellite carriers
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(a) Carriage obligations (1) In general Each satellite carrier providing, under section 122 of title 17, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b) of this title.
(2) Remedies for failure to carry In addition to the remedies available to television broadcast stations under section 501(f) of title 17, the Commission may use the Commission’s authority under this chapter to assure compliance with the obligations of this subsection, but in no instance shall a Commission enforcement proceeding be required as a predicate to the pursuit of a remedy available under such section 501(f).
(3) Low power station carriage optional No low power television station whose signals are provided under section 119(a)(14) section 339(a)(2)(A) of this title shall—
(A) within 60 days after the local signal of a network station of the same television network is available pursuant to section 338 of this title, or within 60 days after December 8, 2004 , whichever is later, send a notice to the subscriber—(i) offering to substitute the local network signal for the duplicating distant network signal; and (ii) informing the subscriber that, if the subscriber fails to respond in 60 days, the subscriber will lose the distant network signal but will be permitted to subscribe to the local network signal; and (B) if the subscriber— (i) elects to substitute such local network signal within such 60 days, switch such subscriber to such local network signal within 10 days after the end of such 60-day period; or (ii) fails to respond within such 60 days, terminate the distant network signal within 10 days after the end of such 60-day period. (2) Notice to station licensees of commencement of local-into-local service (A) Notice required Within 180 days after
December 8, 2004 , the Commission shall revise the regulations under this section relating to notice to broadcast station licensees to comply with the requirements of this paragraph.(B) Contents of commencement notice The notice required by such regulations shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage— (i) of the carrier’s intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier’s proposed local receive facility for that local market; (ii) of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b) of this title; (iii) that such licensee has 30 days from the date of the receipt of such notice to make such election; and (iv) that failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under section 325 of this title. (C) Transmission of notices Such regulations shall require that each satellite carrier shall transmit the notices required by such regulation via certified mail to the address for such television station licensee listed in the consolidated database system maintained by the Commission.
(i) Privacy rights of satellite subscribers (1) Notice At the time of entering into an agreement to provide any satellite service or other service to a subscriber and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of— (A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (C) the period during which such information will be maintained by the satellite carrier; (D) the times and place at which the subscriber may have access to such information in accordance with paragraph (5); and (E) the limitations provided by this section with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this subsection, such notice shall be provided within 180 days of such date and at least once a year thereafter. (2) Definitions For purposes of this subsection, other than paragraph (9)— (A) the term “personally identifiable information” does not include any record of aggregate data which does not identify particular persons; (B) the term “other service” includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and (C) the term “satellite carrier” includes, in addition to persons within the definition of satellite carrier, any person who— (i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and (ii) provides any wire or radio communications service. (3) Prohibitions (A) Consent to collection Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.
(B) Exceptions A satellite carrier may use such facilities to collect such information in order to— (i) obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; or (ii) detect unauthorized reception of satellite communications. (4) Disclosure (A) Consent to disclosure Except as provided in subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier.
(B) Exceptions A satellite carrier may disclose such information if the disclosure is— (i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber; (ii) subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; (iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if— (I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; and (II) the disclosure does not reveal, directly or indirectly, the— (aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or (bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; or (iv) to a government entity as authorized under chapter 119, 121, or 206 of title 18, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier. (5) Access by subscriber A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information.
(6) Destruction of information A satellite carrier shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order.
(7) Penalties Any person aggrieved by any act of a satellite carrier in violation of this section may bring a civil action in a United States district court. The court may award— (A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys’ fees and other litigation costs reasonably incurred. The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber. (8) Rule of construction Nothing in this subchapter shall be construed to prohibit any State from enacting or enforcing laws consistent with this section for the protection of subscriber privacy.
(9) Court orders Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order— (A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (B) the subject of the information is afforded the opportunity to appear and contest such entity’s claim. (j) Regulations by Commission Within 1 year after
November 29, 1999 , the Commission shall issue regulations implementing this section following a rulemaking proceeding. The regulations prescribed under this section shall include requirements on satellite carriers that are comparable to the requirements on cable operators under sections 534(b)(3) and (4) and 535(g)(1) and (2) of this title.(k) Definitions As used in this section: (1) Distributor The term “distributor” means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.
(2) Eligible satellite carrier The term “eligible satellite carrier” means any satellite carrier that is not a party to a carriage contract that— (A) governs carriage of at least 30 qualified noncommercial educational television stations; and (B) is in force and effect within 150 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. (3) Local receive facility The term “local receive facility” means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.
(4) Local market The term “local market” has the meaning given that term under section 122(j) of title 17.
(5) Low power television station The term “low power television station” means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on
June 1, 2004 . For purposes of this paragraph, the term “low power television station” includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.(6) Qualified noncommercial educational television station The term “qualified noncommercial educational television station” means any full-power television broadcast station that— (A) under the rules and regulations of the Commission in effect on March 29, 1990 , is licensed by the Commission as a noncommercial educational broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; and(B) has as its licensee an entity that is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of this title. (7) Satellite carrier The term “satellite carrier” has the meaning given such term under section 119(d) of title 17.
(8) Secondary transmission The term “secondary transmission” has the meaning given such term in section 119(d) of title 17.
(9) Subscriber The term “subscriber” has the meaning given that term under section 122(j) of title 17.
(10) Television broadcast station The term “television broadcast station” has the meaning given such term in section 325(b)(7) of this title.
References In Text
This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Section 119(a)(14) of title 17, referred to in subsec. (a)(3), was redesignated as section 119(a)(13) of title 17 by Pub. L. 111–175, title I, § 102(h)(1)(B),
The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(5) and (k)(2)(B), is the date of enactment of Pub. L. 111–175, which shall be deemed to refer to
For the effective date of this subsection, referred to in subsec. (i)(1), as 60 days after
Amendments
2010—Subsec. (a)(3). Pub. L. 111–175, § 204(a)(1), struck out par. (3) relating to effective date. Text read as follows: “No satellite carrier shall be required to carry local television broadcast stations under paragraph (1) until
Subsec. (a)(5). Pub. L. 111–175, § 207(a), added par. (5).
Subsec. (g). Pub. L. 111–175, § 204(a)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to carriage of local stations on a single dish.
Subsec. (k)(2) to (5). Pub. L. 111–175, § 207(b)(1), (2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6).
Subsec. (k)(6). Pub. L. 111–175, § 207(b)(4), added par. (6). Former par. (6) redesignated (7).
Pub. L. 111–175, § 207(b)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (k)(7) to (9). Pub. L. 111–175, § 207(b)(3), redesignated pars. (6) to (8) as (7) to (9), respectively. Former par. (9) redesignated (10).
Pub. L. 111–175, § 207(b)(1), redesignated pars. (6) to (8) as (7) to (9), respectively.
Subsec. (k)(10). Pub. L. 111–175, § 207(b)(3), redesignated par. (9) as (10).
2004—Subsec. (a)(1) to (3). Pub. L. 108–447, § 203(b)(1), added pars. (1) and (2) and the par. (3) relating to low power station carriage and struck out former pars. (1) and (2) which required each satellite carrier providing secondary transmissions within the local market of a television broadcast station of a primary transmission made by that station to carry upon request the signals of all television broadcast stations within that local market and provided for remedies for failure to carry.
Subsec. (a)(4). Pub. L. 108–447, § 210, added par. (4).
Subsec. (c)(1). Pub. L. 108–447, § 203(b)(2), substituted “subsection (a)(1)” for “subsection (a)”.
Subsecs. (g), (h). Pub. L. 108–447, §§ 203(a)(2), 205, added subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (j) and (k), respectively.
Subsec. (i). Pub. L. 108–447, § 206(a), added subsec. (i).
Subsec. (j). Pub. L. 108–447, § 203(a)(1), redesignated subsec. (g) as (j).
Subsec. (k). Pub. L. 108–447, § 203(a)(1), redesignated subsec. (h) as (k).
Subsec. (k)(4) to (8). Pub. L. 108–447, § 203(b)(3), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), respectively.
Effective Date Of Amendment
Amendment by Pub. L. 111–175 effective
Pub. L. 108–447, div. J, title IX [title II, § 206(b)],
Miscellaneous
Pub. L. 111–175, title II, § 205,
Pub. L. 111–175, title III, §§ 301, 305, “In this title [enacting provisions set out as notes under section 111 of Title 17, Copyrights], the term ‘appropriate Congressional committees’ means the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate and the Committees on the Judiciary and on Energy and Commerce of the House of Representatives.
Pub. L. 106–113, div. B, § 1000(a)(9) [title II], “This title may be cited as the ‘Rural Local Broadcast Signal Act’.