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 NEWS  News  media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202/  418-  2555  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974). 
 FOR  IMMEDIATE  RELEASE  News  Media  Contact:  December  22,  1999  Michelle  Russo  at  (202)  418-  2358 
 FCC  BEGINS  IMPLEMENTATION  OF  SATELLITE  HOME  VIEWER  IMPROVEMENT  ACT 
 FCC  Seeking  Comment  on  Retransmission  Consent  for  Satellite 
 Washington,  DC  –  The  Federal  Communications  Commission  (FCC)  today  launched  the  first  of  several  proceedings  to  implement  the  Satellite  Home  Viewer  Improvement  Act  (SHVIA) 
 that  was  enacted  on  November  29,  1999.  This  law,  for  the  first  time,  permits  satellite  carriers  to  transmit  local  television  broadcast  signals  into  local  markets.  The  legislation  generally  seeks  to 
 place  satellite  carriers  on  an  equal  footing  with  local  cable  television  operators  when  it  comes  to  the  availability  of  broadcast  programming,  and  thus  gives  consumers  more  and  better  choices  in 
 selecting  a  multichannel  video  program  distributor  (MVPD),  such  as  cable  or  satellite  service. 
 The  SHVIA  outlined  numerous  tasks  for  the  FCC,  many  with  strict  statutory  deadlines  that  must  be  completed  within  one  year  of  enactment.  Among  other  things,  the  law  requires  the 
 Commission  to  establish  rules  for  satellite  companies  in  regard  to  mandatory  carriage  of  broadcast  signals,  retransmission  consent  and  program  exclusivity.  The  Commission  must  also 
 make  recommendations  on  the  Grade  B  signal  standard  and  improve  the  ILLR  computer  model  that  predicts  signal  intensity  at  a  household  for  the  purpose  of  determining  eligibility  for 
 receiving  distant  television  broadcast  signals  via  satellite. 
 Under  this  law,  before  a  local  television  broadcast  signal  can  be  delivered  into  a  local  market,  the  satellite  carrier  must  obtain  the  retransmission  consent  of  the  local  broadcaster. 
 Today,  the  FCC  released  a  Notice  of  Proposed  Rule  Making  seeking  comment  on  retransmission  consent  negotiations  between  broadcast  television  stations  and  multichannel  video  program 
 distributors,  such  as  cable  and  satellite  companies.  This  notice  addresses  retransmission  consent  only;  “must  carry”  rights  of  broadcasters  via  satellite  will  be  addressed  in  a  future  proceeding. 
 Congress  set  statutory  deadlines  of  45  days  to  commence  the  retransmission  consent  rule  making  and  one  year  to  adopt  the  rules. 


 FCC  Chairman  William  E.  Kennard  said,  “Today’s  action,  adopted  three  weeks  earlier  than  mandated,  reflects  the  FCC’s  intent  to  implement  the  law  aggressively  and  bring  the 
 competitive  benefits  of  this  legislation  home  to  consumers.” 


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 The  SHVIA  prohibits  broadcasters  from  entering  into  exclusive  retransmission  agreements  and  requires  broadcasters,  until  2006,  to  negotiate  in  good  faith  with  satellite  carriers 
 and  other  MVPDs  with  respect  to  the  broadcasters’  signals.  This  notice  seeks  comment  on  what  criteria  should  be  employed  to  define  “good  faith.”  The  notice  also  seeks  comment  on  the 
 statutory  provision  that  allows  broadcasters  to  discriminate  between  MVPDs  based  on  “competitive  marketplace  considerations.” 


 Comment  deadlines  for  Section  IV  (Exclusivity  and  Good  Faith  Negotiations):  Comments  due:  14  days  after  publication  in  Federal  Register 
 Reply  comments  due:  21  days  after  publication  in  Federal  Register 


 Comment  deadlines  for  Section  III  (Retransmission  Consent)  &  Section  V  (Administrative  Matters): 
 Comments  due:  February  1,  2000  Reply  comments  due:  February  20,  2000 


 Action  by  the  Commission,  December  21,  1999,  by  Notice  of  Proposed  Rule  Making  (FCC  99-  406).  Chairman  Kennard,  Commissioners  Ness,  Furchtgott-  Roth,  Powell  and  Tristani. 
 Cable  Services  Bureau  Contacts  for  this  NPRM:  Steve  Broeckaert  and  Jay  Heimbach  at  (202)  418-  7200. 
 CS  Docket  No.  99-  363 
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