U.S Code last checked for updates: Jul 21, 2024
§ 338.
Carriage of local television signals by satellite carriers
(a)
Carriage obligations
(1)
In general
(2)
Remedies for failure to carry
(3)
Low power station carriage optional
(4)
Carriage of signals of local stations in certain markets
(5)
Nondiscrimination in carriage of high definition signals of noncommercial educational television stations
(A)
Existing carriage of high definition signals
If, before the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier is providing, under section 122 of title 17, any secondary transmissions in high definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the signals in high-definition format of qualified noncommercial educational television stations located within that local market in accordance with the following schedule:
(i)
By December 31, 2010, in at least 50 percent of the markets in which such satellite carrier provides such secondary transmissions in high definition format.
(ii)
By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition format.
(B)
New initiation of service
(b)
Good signal required
(1)
Costs
(2)
Regulations
(c)
Duplication not required
(1)
Commercial stations
(2)
Noncommercial stations
(d)
Channel positioning
(e)
Compensation for carriage
(f)
Remedies
(1)
Complaints by broadcast stations
(2)
Opportunity to respond
(3)
Remedial actions; dismissal
(g)
Carriage of local stations on a single reception antenna
(1)
Single reception antenna
(2)
Additional reception antenna
(h)
Additional notices to subscribers, networks, and stations concerning signal carriage
(1)
Notices to and elections by subscribers concerning grandfathered signals
Any carrier that provides a distant signal of a network station to a subscriber pursuant 2
2
 So in original. Probably should be followed by “to”.
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
(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
(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
(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
(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
(6)
Destruction of information
(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
(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
(k)
Definitions
As used in this section:
(1)
Distributor
(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
(4)
Local market
(5)
Low power television station
(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
(8)
Secondary transmission
(9)
Subscriber
(10)
Television broadcast station
(l)
Market determinations
(1)
In general
(2)
Considerations
In considering requests filed under paragraph (1), the Commission—
(A)
may determine that particular communities are part of more than one local market; and
(B)
shall afford particular attention to the value of localism by taking into account such factors as—
(i)
whether the station, or other stations located in the same area—
(I)
have been historically carried on the cable system or systems within such community; or
(II)
have been historically carried on the satellite carrier or carriers serving such community;
(ii)
whether the television station provides coverage or other local service to such community;
(iii)
whether modifying the local market of the television station would promote consumers’ access to television broadcast station signals that originate in their State of residence;
(iv)
whether any other television station that is eligible to be carried by a satellite carrier in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and
(v)
evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community.
(3)
Carriage of signals
(A)
Carriage obligation
(B)
Deletion of signals
(4)
Determinations
(5)
No effect on eligibility to receive distant signals
(June 19, 1934, ch. 652, title III, § 338, as added Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1008(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–531; amended Pub. L. 108–447, div. J, title IX [title II, §§ 203, 205, 206(a), 210], Dec. 8, 2004, 118 Stat. 3414, 3424, 3425, 3429; Pub. L. 111–175, title II, §§ 204(a), 207, May 27, 2010, 124 Stat. 1246, 1253; Pub. L. 113–200, title I, § 102(a), Dec. 4, 2014, 128 Stat. 2060.)
cite as: 47 USC 338