118 STAT. 3419 PUBLIC LAW 108–447—DEC. 8, 2004 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 sat ellite 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 the date of enactment of the Satellite Home Viewer Exten sion and Reauthorization Act of 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 dig ital signal from a station affiliated with the same net work 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 net work 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 affili ated 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 accord ance 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 Regula tions, as in effect on the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004. ‘‘(II) Such test shall be conducted, upon writ ten request for a digital signal strength test by the subscriber to the satellite carrier, within 30 days after the date the subscriber submits such Deadline.
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