Local Satellite Broadcast Programming Receives Boost with House Approval of SHVRA

The U.S. House of Representatives has passed by a vote of 394-11 the Satellite Home Viewer Reauthorization Act of 2009 (“SHVRA”), H.R. 3570.  The proposed legislation amends satellite providers’ compulsory copyright licenses to allow them to retransmit broadcast network programming in rural markets lacking local TV services, in an effort to foster competition between cable and satellite providers.

The SHVRA has these key provisions:

• Renews for 5 years the provision allowing carriers to deliver a distant network station to homes under specified circumstances, which otherwise would expire at the end of this year.

• Reauthorizes the good faith negotiation requirements in the Communications Act that otherwise would expire at the end of this year.

• Provides needed clarification regarding the provision by satellite carriers of significantly viewed signals, by stating that a significantly viewed signal may only be provided in high definition format if the satellite carrier is passing through all of the high definition programming of the corresponding local station in high definition format as well.

• Directs the Federal Communications Commission (“FCC”) to develop a predictive methodology for the reception of digital signals within 6 months in order to determine which households are eligible to receive distant network signals.

• Makes technical changes to the law to reflect the fact that after last Friday, full-power television stations are no longer broadcasting analog signals.

Rep. John Conyers, Jr. introduced the bill on September 15, 2009.  The Senate received the House bill on December 15, 2009, and after subjecting the bill to two readings, referred it to the Senate Judiciary Committee for study and deliberation.

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