llenge that service has been terminated. The carrier shall
also, within 60 days after receipt of the measurement and a statement of
the costs of the measurement, reimburse the network station for the cost
it incurred in conducting the measurement.
(D) Outside the predicted grade b contour.-
(i) If a network station challenges whether a subscriber is an unserved
household outside the predicted Grade B Contour of the station, the
station may conduct a measurement of the signal intensity of the
subscriber's household to determine whether the household is an unserved
household after giving reasonable notice to the satellite carrier of the
network station's intent to conduct the measurement.
(ii) If the network station conducts a signal intensity measurement
under clause (i) and the measurement indicates that-
(I) the household is not an unserved household, the station shall
forward the results to the satellite carrier who shall, within 60 days
after receipt of the measurement, terminate the service to the household
of the signal that is the subject of the challenge, and shall reimburse
the station for the costs of the measurement within 60 days after
receipt of the measurement results and a statement of such costs; or
(II) the household is an unserved household, the station shall pay the
costs of the measurement.
(9) Loser pays for signal intensity measurement; recovery of measurement
costs in a civil action. In any civil action filed relating to the
eligibility of subscribing households as unserved households-
(A) a network station challenging such eligibility shall, within 60 days
after receipt of the measurement results and a statement of such costs,
reimburse the satellite carrier for any signal intensity measurement
that is conducted by that carrier in response to a challenge by the
network station and that establishes the household is an unserved
household; and
(B) a satellite carrier shall, within 60 days after receipt of the
measurement results and a statement of such costs, reimburse the network
station challenging such eligibility for any signal intensity
measurement that is conducted by that station and that establishes the
household is not an unserved household.
(10) inability to conduct measurement. If a network station makes a
reasonable attempt to conduct a site measurement of its signal at a
subscriber's household and is denied access for the purpose of
conducting the measurement, and is
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