(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.