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S 760 IS

To provide certain counties with the ability to receive television broadcast signals of their choice.

March 5, 2007

Mr. SALAZAR introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To provide certain counties with the ability to receive television broadcast signals of their choice.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Four Corners Television Access Act of 2007'.

SEC. 2. SATELLITE CARRIAGE OF TELEVISION BROADCAST SIGNALS.

Section 119(a)(2)(C) of title 17, United States Code, is amended--

(1) by redesignating clause (v) as clause (vi);

(2) by inserting after clause (v) the following:

`(v) FURTHER ADDITIONAL STATIONS- If 2 adjacent counties in a single State are in a local market comprised principally of counties located in another State, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission by a satellite carrier to subscribers in those 2 counties of the primary transmissions of any network station located in the capital of the State in which such 2 counties are located, if--

`(I) the 2 counties are located in the 46th largest designated market area for the year 2005 according to Nielsen Media Research; and

`(II) the total number of television households in the 2 counties combined did not exceed 30,000 for the year 2005 according to Nielsen Media Research.'; and

(3) in clause (vi) as redesignated, by striking `and (iv)' and inserting `(iv), and (v)'.

SEC. 3. WAIVER OF RETRANSMISSION RULES FOR CERTAIN SATELLITE CARRIERS.

(a) In General- Chapter 1 of title 17, United States Code, is amended by inserting after section 119 the following:

`Sec. 119A. Waiver of secondary transmission rules

`Notwithstanding any other provision of law, a satellite carrier, cable system, or translator station that elects to provide the secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station located in a State only to subscribers in that State who otherwise would not receive the primary transmission of such network because such subscribers are determined to be located in a designated market area outside of that State may do so if--

`(1) the Federal Communications Commission determines that it is in the best interest of the public welfare; and

`(2) such satellite carrier, cable system, or translator station agrees to also provide the secondary transmission of the primary transmission of the network station in the assigned designated market area.'.

(b) Technical and Conforming Amendment- The table of sections for chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 119 the following:

`119A. Waiver of secondary transmission rules.'.

SEC. 4. CABLE CARRIAGE OF TELEVISON BROADCAST SIGNALS.

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:

`SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN TELEVISION MARKET AREAS.

`(a) In General- Notwithstanding any other provision of law, each cable operator providing service in an eligible area may elect to carry the primary signal of any network station located in the capital of the State in which such area is located.

`(b) Definitions- As used in this section:

`(1) ELIGIBLE AREA- The term `eligible area' means 1 of 2 counties that--

`(A) are all in a single State;

`(B) on the date of enactment of the Four Corners Television Access Act of 2007, were each located in--

`(i) the 46th largest designated market area for the year 2005 according to Nielsen Media Research; and

`(ii) a designated market area comprised principally of counties located in another State; and

`(C) as a group had a total number of television households that when combined did not exceed 30,000 for the year 2005 according to Nielsen Media Research.

`(2) NETWORK STATION- The term `network station' has the same meaning as in section 119(d) of title 17, United States Code.'.

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