Last week, the House of Representatives began debate on H.R. 3570, the Satellite Home Viewer Update and Reauthorization Act. This bill is the combined work product of the House Energy and Commerce Committee, which has jurisdiction over communications policy, and the House Judiciary Committee which has jurisdiction over copyright policy.

The provisions in the combined bill are largely the same as the provisions that were present in the versions of the bill that the House Judiciary and Commerce committees passed earlier this year. Those provisions include but are not limited to: an update in the law to reflect the transition to digital television; a reauthorization of the distant signal license, which was set to expire at the end of this calendar year; language offering incentives to the DISH network so that DISH would offer local into local programming in every market in the country; and language to facilitate the delivery of all the big four networks in “short markets” that do not currently have a full complement of network affiliates.

The two key changes incorporated into the merged bill are: language directing the Copyright Office to analyze ways to phase out compulsory licenses, and language placing additional burdens on the DISH network to help to ensure its compliance with the provisions that will allow DISH to get its distant signal license back in return for offering local into local programming in all 210 television markets.

The House passed the bill by a vote of 394 – 11, with 30 representatives not voting. After the vote, House Majority Leader Steny Hoyer (MD-05) expressed his hope that the House will complete its legislative activity for the year by December 18. While it is uncertain if the House will adjourn by that date, there is considerable work that remains to be done within the next two weeks. The Senate must approve its version of the bill and attempt to work out the remaining differences that exist between the House and Senate bills. Once a final version is agreed upon, the final bill must be approved by the House and Senate and signed into law by the president. In light of the limited timeline, it is also possible that there will be a short-term extension of existing law. We will continue to keep you updated on the status of this legislation.