text: SECTION 1. SHORT TITLE.
  
      This Act may be referred to as the ``Satellite Home Viewer 
  Protection Act of 1996''.
  
  SEC. 2. NOTICE TO SUBSCRIBERS.
  
      Section 119(a)(2) is amended by adding the following at the end:
                      ``(D) Notice to subscribers.--A satellite carrier 
                  that makes secondary transmissions of a primary 
                  transmission made by a network station pursuant to 
                  subparagraph (A) shall, prior to providing service of 
                  broadcast signals under this title to a subscriber, 
                  provide the subscriber with a written statement 
                  describing and quoting the network territorial 
                  restrictions of subsections (a) (2), (5), (8), (9), and 
                  (10) of this section. Such statement shall describe the 
                  circumstances under which a subscriber may not be 
                  eligible for satellite service of a particular network 
                  station, and a subscriber's rights under subsection 
                  (a)(8) of this section. With respect to subscribers 
                  currently receiving broadcast signals under this title, 
                  the satellite carrier shall provide the written 
                  statement described in this subsection to such 
                  subscribers no later than 60 days after the enactment 
                  of this Act.''.
  
  SEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES.
  
      Section 119(a)(8) is amended as follows:
              (1) Subparagraph (A) is amended to read:
                      ``(A) In general.--Subject to subparagraph (C), 
                  upon a challenge by a network station regarding whether 
                  a subscriber is an unserved household within the 
                  predicted grade B contour of the station, the satellite 
                  carrier shall, within 30 days after receipt of the 
                  challenge--
                              ``(i) inform the subscriber who is the 
                          subject of the challenge from the network 
                          station in writing that the network station has 
                          challenged the subscriber's receipt of the 
                          signal of the same network from the satellite 
                          carrier; and
                              ``(ii) offer the subscriber the option of 
                          the satellite carrier conducting a measurement 
                          of the signal intensity of the subscriber's 
                          household to determine whether the household is 
                          an unserved household. If the subscriber does 
                          not request, in writing, the satellite carrier 
                          to conduct a signal intensity measurement 
                          within 30 days of notification of the challenge 
                          from the satellite carrier, the satellite 
                          carrier shall terminate service to that 
                          household of the signal that is the subject of 
                          the challenge, and within 30 days thereafter 
                          notify the network station that made the 
                          challenge that service to that household has 
                          been terminated.
                  If the subscriber requests the satellite carrier to 
                  conduct a signal intensity measurement as described in 
                  clause (ii), the satellite carrier shall give 
                  reasonable notice to the network station issuing the 
                  challenge to the subscriber that the satellite carrier 
                  will be conducting a signal intensity measurement.''.
              (2) Subparagraph (B) is amended to read:
                      ``(B) Effect of measurement; costs.--If the 
                  satellite carrier conducts a signal intensity 
                  measurement under subparagraph (A) and the measurement 
                  indicates that--
                              ``(i) the household is not an unserved 
                          household, the satellite carrier shall, within 
                          60 days after the measurement is conducted, 
                          terminate the service to that household of the 
                          signal that is the subject of the challenge, 
                          and within 30 days thereafter notify the 
                          network station that made the challenge that 
                          service to that household has been terminated. 
                          In addition, the subscriber that requested the 
                          satellite carrier to conduct the measurement 
                          shall reimburse the satellite carrier for the 
                          costs of the measurement within 60 days after 
                          receipt of the measurement results and a 
                          statement of costs of the measurement; or
                              ``(ii) the household is an unserved 
                          household, the station challenging the service 
                          shall reimburse the satellite carrier for the 
                          costs of the signal measurement within 60 days 
                          after receipt of the measurement results and a 
                          statement of the costs of the measurement.
              (3) Subparagraph (D) is deleted.
  
  SEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION.
  
      Section 119(a)(11) is amended as follows:
              ``(11) Signal intensity measurement; arbitration.--
                      ``(A) Voluntary negotiation.--Satellite carriers 
                  and network broadcasters may negotiate the terms and 
                  conditions, including technical standards and costs, of 
                  the signal intensity measurement described in 
                  subsection (a)(8). A complete description of the agreed 
                  upon terms of the measurement shall be filed with the 
                  Register of Copyrights no later than 30 days after 
                  execution of the agreement.
                      ``(B) Arbitration.--If satellite carriers and 
                  network broadcasters are unable to agree to the terms 
                  and conditions of the signal intensity measurement 
                  within 30 days after the enactment of this Act, they 
                  shall submit the matter to binding arbitration. Such 
                  arbitration shall be governed by the provisions of 
                  title 9 of the United States Code, and shall be 
                  completed and a decision rendered no later than 90 days 
                  after the enactment of this Act. The parties shall give 
                  notice to the Register of Copyrights of any 
                  determination reached by arbitration no later than 30 
                  days after issuance of the determination. Such 
                  determination shall be dispositive.
  
  SEC. 5. EFFECTIVE DATE.
  
      (a) In General.--Except as provided in subsection (b), this Act and 
  the amendments made by this Act take effect on the date of enactment of 
  this Act.
      (b) Transitional Signal Intensity Measurement Procedures.--The 
  provisions of section 119(a)(8), relating to the transitional signal 
  intensity measurements, shall cease to be effective on December 31, 
  1997.
target: Satellite Home Viewer Protection Act of 1996 - Amends Federal copyright law to require a satellite carrier that makes secondary transmissions of a primary transmission by a network station, prior to providing broadcasting signals to a subscriber, to provide such subscriber with a written statement describing and quoting the network territorial restrictions related to such retransmission. 
  Requires a satellite carrier, within 30 days of receipt of a challenge by a network station as to whether a subscriber is an unserved household within the predicted Grade B contour of such station, to:  (1) inform the subscriber of the challenge; and (2) offer such subscriber the option of the satellite carrier conducting a measurement of the signal intensity of the subscriber's household to determine whether such household is an unserved household.  Requires the satellite carrier to:  (1) terminate service to such a household if its subscriber does not request a signal intensity measurement within 30 days of notification of the challenge from the satellite carrier; and (2) notify the network station that such service has been terminated.  Outlines procedures to be taken after a signal measurement has been taken.  Repeals a provision allowing a network station to challenge a subscriber outside the predicted Grade B contour of the network station. 
  Authorizes satellite carriers and network broadcasters to negotiate the terms and conditions of the signal intensity measurement described under this Act.  Requires a complete description of such agreement to be filed with the Register of Copyrights within 30 days after its execution.  Provides for arbitration of such an agreement if the parties cannot agree to terms and conditions within 30 days after the enactment of this Act.
feat_title: Satellite Home Viewer Protection Act of 1996