118 STAT. 3399 PUBLIC LAW 108–447—DEC. 8, 2004 carrier, not later than March 1, 2005, submits to that television network a list, aggregated by designated market area (as defined in section 122(j)(2)(C)), that identifies that subscriber by name and address (street or rural route number, city, State, and zip code) and specifies the distant analog signals received by the subscriber. ‘‘(ii) In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the secondary transmission of the primary analog transmission of a local network station affiliated with the same television network pursuant to the statutory license under section 122, the statutory license under paragraph (2) shall apply only to secondary trans missions by that satellite carrier of the distant analog signal of a station affiliated with the same network to that subscriber if— ‘‘(I) that subscriber seeks to subscribe to such distant analog signal before the date on which such carrier commences to provide pursuant to the statutory license under section 122 the sec ondary transmissions of the primary analog trans mission of stations from the local market of such local network station; and ‘‘(II) the satellite carrier, within 60 days after such date, submits to each television network a list that identifies each subscriber in that local market provided such an analog signal by name and address (street or rural route number, city, State, and zip code) and specifies the distant ana log signals received by the subscriber. ‘‘(C) FUTURE APPLICABILITY.—The statutory license under paragraph (2) shall not apply to the secondary trans mission by a satellite carrier of a primary analog trans mission of a network station to a person who— ‘‘(i) is not a subscriber lawfully receiving such sec ondary transmission as of the date of the enactment of the Satellite Home Viewer Extension and Reauthor ization Act of 2004; and ‘‘(ii) at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes avail able to that person the secondary transmission of the primary analog transmission of a local network station affiliated with the same television network pursuant to the statutory license under section 122, and such secondary transmission of such primary transmission can reach such person. ‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.— The statutory license under paragraph (2) shall apply to secondary transmissions by a satellite carrier to a sub scriber of primary digital transmissions of network stations if such secondary transmissions to such subscriber are permitted under section 339(a)(2)(D) of the Communica tions Act of 1934, as in effect on the day after the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, except that the reference Applicability. Deadline.
�
