Page:United States Statutes at Large Volume 124.djvu/1275

124 STAT. 1249 PUBLIC LAW 111–175—MAY 27, 2010 contiguous States of the United States, the distant signal is the secondary transmission of a station whose prime time network programming is generally broad- cast simultaneously with, or later than, the prime time network programming of the affiliate of the same net- work in the local market.’’; and (VII) by redesignating clause (x) as clause (iv); and (vi) in subparagraph (E), by striking ‘‘distant ana- log signal or’’ and all that follows through ‘‘(B), or (D))’’ and inserting ‘‘distant signal’’; (2) in subsection (c)— (A) by amending paragraph (3) to read as follows: ‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED.— ‘‘(A) PREDICTIVE MODEL.—Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations, through the use of an antenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or a successor regulation, including to account for the continuing operation of translator stations and low power television stations. In prescribing such model, the Commission shall rely on the Individual Location Longley- Rice model set forth by the Commission in CS Docket No. 98 –201, as previously revised with respect to analog signals, and as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05–182, FCC 05–199 (released December 9, 2005). The Commission shall establish procedures for the continued refinement in the application of the model by the use of additional data as it becomes available. ‘‘(B) ON-LOCATION TESTING.—The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.’’; (B) by amending paragraph (4)(A) to read as follows: ‘‘(A) IN GENERAL.—If a subscriber’s request for a waiver under paragraph (2) is rejected and the subscriber submits to the subscriber’s satellite carrier a request for a test verifying the subscriber’s inability to receive a signal of the signal intensity referenced in clause (i) of subsection (a)(2)(D), the satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct the test referenced in such clause. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test con- ducted in accordance with such clause demonstrate that the subscriber does not receive a signal that meets or Deadline. Procedures. Regulations. Deadlines.