(13) Qualifying date.–The term “qualifying date”, for purposes of paragraph (10)(A), means–
(A) October 1, 2010, for multicast streams that exist on March 31, 2010; and
(B) January 1, 2011, for all other multicast streams.
(14) Multicast stream.–The term “multicast stream” means a digital stream containing programming and program-related material affiliated with a television network, other than the primary stream.
(15) Primary stream.–The term “primary stream” means–
(A) the single digital stream of programming as to which a television broadcast station has the right to mandatory carriage with a satellite carrier under the rules of the Federal Communications Commission in effect on July 1, 2009; or
(B) if there is no stream described in subparagraph (A), then either–
(i) the single digital stream of programming associated with the network last transmitted by the station as an analog signal; or
(ii) if there is no stream described in clause (i), then the single digital stream of programming affiliated with the network that, as of July 1, 2009, had been offered by the television broadcast station for the longest period of time.
(e) Moratorium on copyright liability.–Until December 31, 2014, a subscriber who does not receive a signal of Grade A intensity (as defined in the regulations of the Federal Communications Commission under section 73.683(a) of title 47, Code of Federal Regulations, as in effect on January 1, 1999, or predicted by the Federal Communications Commission using the Individual Location Longley-Rice methodology described by the Federal Communications Commission in Docket No. 98-201) of a local network television broadcast station shall remain eligible to receive signals of network stations affiliated with the same network, if that subscriber had satellite service of such network signal terminated after July 11, 1998, and before October 31, 1999, as required by this section, or received such service on October 31, 1999.
(f) Expedited consideration by Justice Department of voluntary agreements to provide satellite secondary transmissions to local markets.–
(1) In general.–In a case in which no satellite carrier makes available, to subscribers located in a local market, as defined in section 122(j)(2), the secondary transmission into that market of a primary transmission of one or more television broadcast stations licensed by the Federal Communications Commission, and two or more satellite carriers request a business review letter in accordance with section 50.6 of title 28, Code of Federal Regulations (as in effect on July 7, 2004), in order to assess the legality under the antitrust laws of proposed business conduct to make or carry out an agreement to provide such secondary transmission into such local market, the appropriate official of the Department of Justice shall respond to the request no later than 90 days after the date on which the request is received.
(2) Definition.–For purposes of this subsection, the term “antitrust laws”–
(A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws referred to in paragraph (1).
(g) Certain waivers granted to providers of local-into-local service to all DMAs.–
(1) Injunction waiver.–A court that issued an injunction pursuant to subsection (a)(7)(B) before the date of the enactment of this subsection shall waive such injunction if the court recognizes the entity against which the injunction was issued as a qualified carrier.
(2) Limited temporary waiver.–
(A) In general.–Upon a request made by a satellite carrier, a court that issued an injunction against such carrier under subsection (a)(7)(B) before the date of the enactment of this subsection shall waive such injunction with respect to the statutory license provided under subsection (a)(2) to the extent necessary to allow such carrier to make secondary transmissions of primary transmissions made by a network station to unserved households located in short markets in which such carrier was not providing local service pursuant to the license under section 122 as of December 31, 2009.
(B) Expiration of temporary waiver.–A temporary waiver of an injunction under subparagraph (A) shall expire after the end of the 120-day period beginning on the date such temporary waiver is issued unless extended for good cause by the court making the temporary waiver.
(C) Failure to provide local-into-local service to all DMAs.–
(i) Failure to act reasonably and in good faith.–If the court issuing a temporary waiver under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to act reasonably or has failed to make a good faith effort to provide local-into-local service to all DMAs, such failure–
(I) is actionable as an act of infringement under section 501 and the court may in its discretion impose the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; and
(II) shall result in the termination of the waiver issued under subparagraph (A).
(ii) Failure to provide local-into-local service.–If the court issuing a temporary waiver under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to provide local-into-local service to all DMAs, but determines that the carrier acted reasonably and in good faith, the court may in its discretion impose financial penalties that reflect–
(I) the degree of control the carrier had over the circumstances that resulted in the failure;
(II) the quality of the carrier’s efforts to remedy the failure; and
(III) the severity and duration of any service interruption.
(D) Single temporary waiver available.–An entity may only receive one temporary waiver under this paragraph.
(E) Short market defined.–For purposes of this paragraph, the term “short market” means a local market in which programming of one or more of the four most widely viewed television networks nationwide as measured on the date of the enactment of this subsection is not offered on the primary stream transmitted by any local television broadcast station.
(3) Establishment of qualified carrier recognition.–
(A) Statement of eligibility.–An entity seeking to be recognized as a qualified carrier under this subsection shall file a statement of eligibility with the court that imposed the injunction. A statement of eligibility must include–
(i) an affidavit that the entity is providing local-into-local service to all DMAs;
(ii) a motion for a waiver of the injunction;
(iii) a motion that the court appoint a special master under Rule 53 of the Federal Rules of Civil Procedure;
(iv) an agreement by the carrier to pay all expenses incurred by the special master under paragraph (4)(B)(ii); and
(v) a certification issued pursuant to section 342(a) of Communications Act of 1934.
(B) Grant of recognition as a qualified carrier.–Upon receipt of a statement of eligibility, the court shall recognize the entity as a qualified carrier and issue the waiver under paragraph (1). Upon motion pursuant to subparagraph (A)(iii), the court shall appoint a special master to conduct the examination and provide a report to the court as provided in paragraph (4)(B).
(C) Voluntary termination.–At any time, an entity recognized as a qualified carrier may file a statement of voluntary termination with the court certifying that it no longer wishes to be recognized as a qualified carrier. Upon receipt of such statement, the court shall reinstate the injunction waived under paragraph (1).
(D) Loss of recognition prevents future recognition.–No entity may be recognized as a qualified carrier if such entity had previously been recognized as a qualified carrier and subsequently lost such recognition or voluntarily terminated such recognition under subparagraph (C).