Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§342 Process for issuing qualified carrier certification

Title 47 › Chapter CHAPTER 5— - WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER III— - SPECIAL PROVISIONS RELATING TO RADIO › Part Part I— - General Provisions › § 342

Last updated Apr 6, 2026|Official source

Summary

The Commission must give a special certification to a satellite company when two things are true. First, the company already provides local TV service under the statutory license in every designated market area (DMA). Second, for any DMA where it did not provide local service on the date the Satellite Television Extension and Localism Act of 2010 passed, the company’s satellites were designed and shown in pre‑launch tests to give a good signal to at least 90% of the households in that DMA (using the latest Census numbers), and there is no important proof of a satellite or subsystem failure after launch that would stop the satellite from meeting that 90% coverage. To apply, the company must file an affidavit saying where it already provided local service as of that 2010 date. For each new DMA it must identify the DMA and its local receive site, give household counts and maps from the latest Census, provide pre‑launch signal‑power maps showing at least 90% household coverage, file an affidavit saying there have been no post‑launch failures that would prevent meeting the 90% test, and supply any other technical or market information the Commission asks for. The public gets 30 days to comment on an application. The Commission must decide to grant or deny the request within 90 days of filing. A company that receives qualified carrier status must file an affidavit 30 months later saying it still meets the rules. Defined terms: “designated market area” — the market definition used in section 122; “good quality satellite signal” — a signal designed to achieve at least 99.7% availability using typical subscriber antennas and the same prediction method used for the top 100 DMAs, while treating broadcast stations the same for multiplexer prioritization and keeping the number of video streams per transponder no higher than the largest equivalent transponder serving the top 100 DMAs. The top 100 DMAs are the ones listed by Nielsen at the time of the application.

Full Legal Text

Title 47, §342

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)The Commission shall issue a certification for the purposes of section 119(g)(3)(A)(iii) 11 See References in Text note below. of title 17 if the Commission determines that—
(1)a satellite carrier is providing local service pursuant to the statutory license under section 122 of such title in each designated market area; and
(2)with respect to each designated market area in which such satellite carrier was not providing such local service as of the date of enactment of the Satellite Television Extension and Localism Act of 2010—
(A)the satellite carrier’s satellite beams are designed, and predicted by the satellite manufacturer’s pre-launch test data, to provide a good quality satellite signal to at least 90 percent of the households in each such designated market area based on the most recent census data released by the United States Census Bureau; and
(B)there is no material evidence that there has been a satellite or sub-system failure subsequent to the satellite’s launch that precludes the ability of the satellite carrier to satisfy the requirements of subparagraph (A).
(b)Any entity seeking the certification provided for in subsection (a) shall submit to the Commission the following information:
(1)An affidavit stating that, to the best of the affiant’s knowledge, the satellite carrier provides local service in all designated market areas pursuant to the statutory license provided for in section 122 of title 17 and listing those designated market areas in which local service was provided as of the date of enactment of the Satellite Television Extension and Localism Act of 2010.
(2)For each designated market area not listed in paragraph (1):
(A)Identification of each such designated market area and the location of its local receive facility.
(B)Data showing the number of households, and maps showing the geographic distribution thereof, in each such designated market area based on the most recent census data released by the United States Census Bureau.
(C)Maps, with superimposed effective isotropically radiated power predictions obtained in the satellite manufacturer’s pre-launch tests, showing that the contours of the carrier’s satellite beams as designed and the geographic area that the carrier’s satellite beams are designed to cover are predicted to provide a good quality satellite signal to at least 90 percent of the households in such designated market area based on the most recent census data released by the United States Census Bureau.
(D)For any satellite relied upon for certification under this section, an affidavit stating that, to the best of the affiant’s knowledge, there have been no satellite or sub-system failures subsequent to the satellite’s launch that would degrade the design performance to such a degree that a satellite transponder used to provide local service to any such designated market area is precluded from delivering a good quality satellite signal to at least 90 percent of the households in such designated market area based on the most recent census data released by the United States Census Bureau.
(E)Any additional engineering, designated market area, or other information the Commission considers necessary to determine whether the Commission shall grant a certification under this section.
(c)(1)The Commission shall provide 30 days for public comment on a request for certification under this section.
(2)The Commission shall grant or deny a request for certification within 90 days after the date on which such request is filed.
(d)An entity granted qualified carrier status pursuant to section 119(g) 1 of title 17 shall file an affidavit with the Commission 30 months after such status was granted stating that, to the best of the affiant’s knowledge, it is in compliance with the requirements for a qualified carrier.
(e)For the purposes of this section:
(1)The term “designated market area” has the meaning given such term in section 122(j)(2)(C) of title 17.
(2)(A)The term “good quality satellite signal” means—
(i)a satellite signal whose power level as designed shall achieve reception and demodulation of the signal at an availability level of at least 99.7 percent using—
(I)models of satellite antennas normally used by the satellite carrier’s subscribers; and
(II)the same calculation methodology used by the satellite carrier to determine predicted signal availability in the top 100 designated market areas; and
(ii)taking into account whether a signal is in standard definition format or high definition format, compression methodology, modulation, error correction, power level, and utilization of advances in technology that do not circumvent the intent of this section to provide for non-discriminatory treatment with respect to any comparable television broadcast station signal, a video signal transmitted by a satellite carrier such that—
(I)the satellite carrier treats all television broadcast stations’ signals the same with respect to statistical multiplexer prioritization; and
(II)the number of video signals in the relevant satellite transponder is not more than the then current greatest number of video signals carried on any equivalent transponder serving the top 100 designated market areas.
(B)For the purposes of subparagraph (A), the top 100 designated market areas shall be as determined by Nielsen Media Research and published in the Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication as of the date of a satellite carrier’s application for certification under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 119(g) of title 17, referred to in subsecs. (a) and (d), was redesignated section 119(f) of title 17 by Pub. L. 116–94, div. P, title XI, § 1102(a)(6), Dec. 20, 2019, 133 Stat. 3203. The date of enactment of the Satellite Television Extension and Localism Act of 2010, referred to in subsecs. (a)(2) and (b)(1), is the date of enactment of Pub. L. 111–175, which shall be deemed to refer to Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as an

Effective Date

of 2010 Amendment note under section 111 of Title 17, Copyrights.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as an

Effective Date

of 2010 Amendment note under section 111 of Title 17, Copyrights.

Reference

Citations & Metadata

Citation

47 U.S.C. § 342

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73