Page:United States Statutes at Large Volume 118.djvu/3461

This page needs to be proofread.

118 STAT. 3431 PUBLIC LAW 108–447—DEC. 8, 2004 SEC. 212. DIGITAL TRANSITION SAVINGS PROVISION. Nothing in the dates by which requirements or other provisions are effective under this Act or the amendments made by this Act shall be construed— (1) to impair the authority of the Federal Communications Commission to take any action with respect to the transition by television broadcasters to the digital television service; or (2) to require the Commission to take any such action. SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF ALASKA. Title III of the Communications Act of 1934 is amended as follows: (1) In section 307(c)(3)— (A) by striking ‘‘any hearing’’ and inserting ‘‘any administrative or judicial hearing’’; and (B) by inserting ‘‘or section 402’’ after ‘‘section 405’’. (2) In section 307, by adding at the end the following new subsection: ‘‘(f) Notwithstanding any other provision of law, (1) any holder of a broadcast license may broadcast to an area of Alaska that otherwise does not have access to over the air broadcasts via trans lator, microwave, or other alternative signal delivery even if another holder of a broadcast license begins broadcasting to such area, (2) any holder of a broadcast license who has broadcast to an area of Alaska that did not have access to over the air broadcasts via translator, microwave, or other alternative signal delivery may continue providing such service even if another holder of a broadcast license begins broadcasting to such area, and shall not be fined or subject to any other penalty, forfeiture, or revocation related to providing such service including any fine, penalty, forfeiture, or revocation for continuing to operate notwithstanding orders to the contrary.’’. (3) In section 312(g), by inserting before the period at the end the following: ‘‘, except that the Commission may extend or reinstate such station license if the holder of the station license prevails in an administrative or judicial appeal, the applicable law changes, or for any other reason to promote equity and fairness. Any broadcast license revoked or termi nated in Alaska in a proceeding related to broadcasting via translator, microwave, or other alternative signal delivery is reinstated’’. TITLE X—SNAKE RIVER WATER RIGHTS ACT OF 2004 SECTION 1. SHORT TITLE. This title may be cited as the ‘‘Snake River Water Rights Act of 2004’’. SEC. 2. PURPOSES. The purposes of this Act are— (1) to resolve some of the largest outstanding issues with respect to the Snake River Basin Adjudication in Idaho in such a manner as to provide important benefits to the United States, the State of Idaho, the Nez Perce Tribe, the allottees, and citizens of the State; Snake River Water Rights Act of 2004. Idaho. Native Americans. 47 USC 312. 47 USC 307. 47 USC 325 note.