Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	10,169	n/a	n/a
Reported in House	10,663	70	10%
Engrossed in House	17,548	251	58%
Referred in Senate	17,445	5 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate

HR 3570 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3570CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To extend the statutory license for secondary transmissions under title 17, United States Code, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Satellite Home Viewer Reauthorization Act of 2009’.CommentsClose CommentsPermalink

TITLE I--STATUTORY LICENSESCommentsClose CommentsPermalink

SEC. 101. REFERENCE.

Except as otherwise provided, whenever in this title an amendment is made to a section or other provision, the reference shall be considered to be made to such section or provision of title 17, United States Code.CommentsClose CommentsPermalink

SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE CARRIERS.

(a) Heading Renamed-CommentsClose CommentsPermalink





(1) IN GENERAL- The heading of section 119 is amended by striking ‘superstations and network stations for private home viewing’ and inserting ‘distant television programming by satellite’.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents for chapter 1 is amended by striking the item relating to section 119 and inserting the following:CommentsClose CommentsPermalink





‘119. Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite.’.CommentsClose CommentsPermalink





(b) Unserved Household Defined- Section 119(d)(10) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over-the-air signal containing the primary stream, or, on or after January 1, 2013, the multicast stream, originating in that household’s local market and affiliated with that network of--CommentsClose CommentsPermalink





‘(i) if the signal originates as an analog signal, Grade B intensity as defined by the Federal Communications Commission in section 73.683(a) of title 47, Code of Federal Regulations, as in effect on January 1, 1999; orCommentsClose CommentsPermalink





‘(ii) if the signal originates as a digital signal, intensity defined in the values for digital television noise-limited service contour, as defined in regulations issued by the Federal Communications Commission (section 73.622(e) of title 47, Code of Federal Regulations), as such regulations may be amended from time to time;’;CommentsClose CommentsPermalink





(2) in subparagraph (B)--CommentsClose CommentsPermalink





(A) by striking ‘subsection (a)(14)’ and inserting ‘subsection (a)(13),’; andCommentsClose CommentsPermalink





(B) by striking ‘Satellite Home Viewer Extension and Reauthorization Act of 2004’ and inserting ‘Satellite Home Viewer Reauthorization Act of 2009’; andCommentsClose CommentsPermalink





(3) in subparagraph (D), by striking ‘(a)(12)’ and inserting ‘(a)(11)’.CommentsClose CommentsPermalink





(c) Filing Fee- Section 119(b)(1) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) a filing fee, as determined by the Register of Copyrights pursuant to section 708(a).’.CommentsClose CommentsPermalink





(d) Emergency Monitoring, Planning, or Responding- Section 119(a) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(17) RETRANSMISSION FOR EMERGENCY PREPARATION, RESPONSE, OR RECOVERY-CommentsClose CommentsPermalink





‘(A) AUTHORITY- The secondary transmission by a satellite carrier of a performance or display of a work embodied in a primary transmission of a television broadcast station is not an infringement of copyright if such secondary transmission is made--CommentsClose CommentsPermalink





‘(i) to a Federal governmental body designated by the Office of Emergency Communications, in coordination with the Federal Communications Commission, or an organization established with the purpose of carrying out a system of national and international relief efforts and chartered under section 300101 of title 36;CommentsClose CommentsPermalink





‘(ii) to officers or employees of such body or such organization as a part of the official duties or employment of such officers or employees;CommentsClose CommentsPermalink





‘(iii) at the request of the Secretary of Homeland Security; andCommentsClose CommentsPermalink





‘(iv) for the sole purpose of preparing for, responding to, or recovering from an emergency described under subparagraph (B).CommentsClose CommentsPermalink





‘(B) EMERGENCIES- An emergency is described under this subparagraph if the Secretary of Homeland Security identifies such emergency as a major disaster, a catastrophic incident, an act of terrorism, or a transportation security incident.CommentsClose CommentsPermalink





‘(C) REGULATIONS- Not later than 6 months after the date of the enactment of this paragraph, the Secretary of Homeland Security, in coordination with the Federal Communications Commission, the National Telecommunications and Information Administration, and the Register of Copyrights, shall issue regulations to protect copyright owners by preventing the unauthorized access to the secondary transmissions described in subparagraph (A).CommentsClose CommentsPermalink





‘(D) REPORTS TO CONGRESSIONAL COMMITTEES- Not later than one year after the date of the enactment of this paragraph and by September 30 of each year thereafter, the Secretary of Homeland Security, acting through the Office of Emergency Communications, shall submit a report to the Committees on the Judiciary, on Homeland Security, and on Energy and Commerce of the House of Representatives and the Committees on the Judiciary, on Homeland Security, and on Commerce, Science, and Transportation of the Senate describing--CommentsClose CommentsPermalink





‘(i) the manner in which the authority granted under subparagraph (A) is being used, including to whom and for what purposes the secondary transmissions are being provided; andCommentsClose CommentsPermalink





‘(ii) any additional legislative recommendations the Secretary may have.CommentsClose CommentsPermalink





‘(E) DEFINITIONS- As used in this paragraph:CommentsClose CommentsPermalink





‘(i) TERRORISM- The term ‘terrorism’ has the meaning given that term in section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).CommentsClose CommentsPermalink





‘(ii) TRANSPORTATION SECURITY INCIDENT- The term ‘transportation security incident’ has the meaning given that term in section 70101 of title 46.CommentsClose CommentsPermalink





‘(iii) CATASTROPHIC INCIDENT- The term ‘catastrophic incident’ means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, the environment, the economy, national morale, or government functions in a geographic area.CommentsClose CommentsPermalink





‘(F) EFFECTIVE DATE- This paragraph shall apply with respect to secondary transmissions described under subparagraph (A) that are made after the end of the 30-day period beginning on the effective date of the regulations issued by the Secretary of Homeland Security under subparagraph (C).’.CommentsClose CommentsPermalink





(e) License Provided for Certain Networks of Noncommercial Educational Broadcast Stations- Section 119(a)(2)(C) is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(vi) NETWORKS OF NONCOMMERCIAL EDUCATIONAL BROADCAST STATIONS- In the case of a system of three or more noncommercial educational broadcast stations licensed by a single State, public agency, or political, educational, or special purpose subdivision of a State, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission of the primary transmission of such system to any subscriber in any county within such State, if such subscriber is located in a designated market area that is not otherwise eligible to receive the secondary transmission of the primary transmission of a noncommercial educational broadcast station located with the State pursuant to section 122(a).’.CommentsClose CommentsPermalink





(f) Deposit of Statements and Fees; Verification Procedures- Section 119(b) is amended--CommentsClose CommentsPermalink





(1) by amending the subsection heading to read as follows: ‘(b) Deposit of Statements and Fees; Verification Procedures- ’;CommentsClose CommentsPermalink





(2) in paragraph (1), by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) a royalty fee payable to copyright owners pursuant to paragraph (4) for that 6 month period, computed by multiplying the total number of subscribers receiving each secondary transmission of a primary or multicast stream of each non-network station or network station during each calendar year month by the appropriate rate in effect under this subsection’.CommentsClose CommentsPermalink





(3) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;CommentsClose CommentsPermalink





(4) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) VERIFICATION OF ACCOUNTS AND FEE PAYMENTS- The Register of Copyrights shall issue regulations to permit interested parties to verify and audit the statements of account and royalty fees submitted by satellite carriers under this subsection.’;CommentsClose CommentsPermalink





(5) in paragraph (3), as redesignated, in the first sentence--CommentsClose CommentsPermalink





(A) by inserting ‘(including the filing fee specified in paragraph (1)(C))’ after ‘shall receive all fees’; andCommentsClose CommentsPermalink





(B) by striking ‘paragraph (4)’ and inserting ‘paragraph (5)’;CommentsClose CommentsPermalink





(6) in paragraph (4), as redesignated--CommentsClose CommentsPermalink





(A) by striking ‘paragraph (2)’ and inserting ‘paragraph (3)’; andCommentsClose CommentsPermalink





(B) by striking ‘paragraph (4)’ each place it appears and inserting ‘paragraph (5)’; andCommentsClose CommentsPermalink





(7) in paragraph (5), as redesignated, by striking ‘paragraph (2)’ and inserting ‘paragraph (3)’.CommentsClose CommentsPermalink





(g) Adjustment of Royalty Fees- Section 119(c) is amended as follows:CommentsClose CommentsPermalink





(1) Paragraph (1) is amended--CommentsClose CommentsPermalink





(A) in the heading for such paragraph, by striking ‘ANALOG’;CommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘primary analog transmissions’ and inserting ‘primary transmissions’; andCommentsClose CommentsPermalink





(ii) by striking ‘July 1, 2004’ and inserting ‘July 1, 2009’;CommentsClose CommentsPermalink





(C) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking ‘January 2, 2005, the Librarian of Congress’ and inserting ‘January 4, 2010, the Copyright Royalty Judges’; andCommentsClose CommentsPermalink





(ii) by striking ‘primary analog transmission’ and inserting ‘primary transmissions’;CommentsClose CommentsPermalink





(D) in subparagraph (C), by striking ‘Librarian of Congress’ and inserting ‘Copyright Royalty Judges’;CommentsClose CommentsPermalink





(E) in subparagraph (D)--CommentsClose CommentsPermalink





(i) in clause (i)--CommentsClose CommentsPermalink





(I) by striking ‘(i) Voluntary agreements’ and inserting the following:CommentsClose CommentsPermalink





‘(i) VOLUNTARY AGREEMENTS; FILING- Voluntary agreements’; andCommentsClose CommentsPermalink





(II) by striking ‘that a parties’ and inserting ‘that are parties’; andCommentsClose CommentsPermalink





(ii) in clause (ii)--CommentsClose CommentsPermalink





(I) by striking ‘(ii)(I) Within’ and inserting the following:CommentsClose CommentsPermalink





‘(ii) PROCEDURE FOR ADOPTION OF FEES-CommentsClose CommentsPermalink





‘(I) PUBLICATION OF NOTICE- Within’;CommentsClose CommentsPermalink





(II) in subclause (I), by striking ‘an arbitration proceeding pursuant to subparagraph (E)’ and inserting ‘a proceeding under subparagraph (F)’;CommentsClose CommentsPermalink





(III) in subclause (II), by striking ‘(II) Upon receiving a request under subclause (I), the Librarian of Congress’ and inserting the following:CommentsClose CommentsPermalink





‘(II) PUBLIC NOTICE OF FEES- Upon receiving a request under subclause (I), the Copyright Royalty Judges’; andCommentsClose CommentsPermalink





(IV) in subclause (III)--CommentsClose CommentsPermalink

(aa) by striking ‘(III) The Librarian’ and inserting the following:CommentsClose CommentsPermalink

‘(III) ADOPTION OF FEES- The Copyright Royalty Judges’;CommentsClose CommentsPermalink

(bb) by striking ‘an arbitration proceeding’ and inserting ‘the proceeding under subparagraph (F)’; andCommentsClose CommentsPermalink

(cc) by striking ‘the arbitration proceeding’ and inserting ‘that proceeding’;CommentsClose CommentsPermalink

(F) in subparagraph (E)--CommentsClose CommentsPermalink





(i) by striking ‘Copyright Office’ and inserting ‘Copyright Royalty Judges’; andCommentsClose CommentsPermalink





(ii) by striking ‘December 31, 2009’ and inserting ‘December 31, 2014’; andCommentsClose CommentsPermalink





(G) in subparagraph (F)--CommentsClose CommentsPermalink





(i) in the heading, by striking ‘COMPULSORY ARBITRATION’ and inserting ‘ COPYRIGHT ROYALTY JUDGES PROCEEDING’;CommentsClose CommentsPermalink





(ii) in clause (i)--CommentsClose CommentsPermalink





(I) in the heading, by striking ‘PROCEEDINGS’ and inserting ‘THE PROCEEDING’;CommentsClose CommentsPermalink





(II) in the matter preceding subclause (I)--CommentsClose CommentsPermalink

(aa) by striking ‘May 1, 2005, the Librarian of Congress’ and inserting ‘May 3, 2010, the Copyright Royalty Judges’;CommentsClose CommentsPermalink

(bb) by striking ‘arbitration proceedings’ and inserting ‘a proceeding’;CommentsClose CommentsPermalink

(cc) by striking ‘fee to be paid’ and inserting ‘fees to be paid’;CommentsClose CommentsPermalink

(dd) by striking ‘primary analog transmission’ and inserting ‘the primary transmissions’; andCommentsClose CommentsPermalink

(ee) by striking ‘distributors’ and inserting ‘distributors--’;CommentsClose CommentsPermalink

(III) in subclause (II)--CommentsClose CommentsPermalink

(aa) by striking ‘Librarian of Congress’ and inserting ‘Copyright Royalty Judges’; andCommentsClose CommentsPermalink

(bb) by striking ‘arbitration’; andCommentsClose CommentsPermalink

(IV) by amending the last sentence to read as follows: ‘Such proceeding shall be conducted under chapter 8.’;CommentsClose CommentsPermalink





(iii) in clause (ii), by amending the matter preceding subclause (I) to read as follows:CommentsClose CommentsPermalink





‘(ii) ESTABLISHMENT OF ROYALTY FEES- In determining royalty fees under this subparagraph, the Copyright Royalty Judges shall establish fees for the secondary transmissions of the primary transmissions of network stations and non-network stations that most clearly represent the fair market value of secondary transmissions, except that the Copyright Royalty Judges shall adjust royalty fees to account for the obligations of the parties under any applicable voluntary agreement filed with the Copyright Royalty Judges in accordance with subparagraph (D). In determining the fair market value, the Judges shall base their decision on economic, competitive, and programming information presented by the parties, including--’;CommentsClose CommentsPermalink





(iv) by amending clause (iii) to read as follows:CommentsClose CommentsPermalink





‘(iii) EFFECTIVE DATE FOR DECISION OF COPYRIGHT ROYALTY JUDGES- The obligation to pay the royalty fees established under a determination that is made by the Copyright Royalty Judges in a proceeding under this paragraph shall be effective as of January 1, 2010.’; andCommentsClose CommentsPermalink





(v) in clause (iv)--CommentsClose CommentsPermalink





(I) in the heading, by striking ‘FEE’ and inserting ‘FEES’; andCommentsClose CommentsPermalink





(II) by striking ‘fee’ and inserting ‘fees’.CommentsClose CommentsPermalink





(2) Paragraph (2) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) ANNUAL ROYALTY FEE ADJUSTMENT- Effective January 1 of each year, the royalty fee payable under subsection (b)(1)(B) for the secondary transmission of the primary transmissions of network stations and non-network stations shall be adjusted by the Copyright Royalty Judges to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) published by the Secretary of Labor before December 1 of the preceding year. Notification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.’.CommentsClose CommentsPermalink





(h) Definitions-CommentsClose CommentsPermalink





(1) SUBSCRIBER- Section 119(d)(8) is amended to read as follows:CommentsClose CommentsPermalink





‘(8) SUBSCRIBER; SUBSCRIBE-CommentsClose CommentsPermalink





‘(A) SUBSCRIBER- The term ‘subscriber’ means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.CommentsClose CommentsPermalink





‘(B) SUBSCRIBE- The term ‘subscribe’ means to elect to become a subscriber.’.CommentsClose CommentsPermalink





(2) LOW POWER TELEVISION STATION- Section 119(d)(12) is amended by striking ‘low power television as’ and inserting ‘low power TV station as’.CommentsClose CommentsPermalink





(3) LOCAL MARKET- Section 119(d)(11) is amended to read as follows:CommentsClose CommentsPermalink





‘(11) LOCAL MARKET- The term ‘local market’ has the meaning given such term under section 122(j).’.CommentsClose CommentsPermalink





(4) NONCOMMERCIAL EDUCATIONAL BROADCAST STATION- Section 119(d) is amended--CommentsClose CommentsPermalink





(A) in paragraph (2)(B), by striking ‘(as defined in section 397 of the Communications Act of 1934)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(14) NONCOMMERCIAL EDUCATIONAL BROADCAST STATION- The term ‘noncommercial educational broadcast station’ means a television broadcast station that--CommentsClose CommentsPermalink





‘(A) under the rules and regulations of the Federal Communications Commission in effect on November 2, 1978, is eligible to be licensed by the Federal Communications Commission as a noncommercial educational television broadcast station and is owned and operated by a public agency or nonprofit private foundation, corporation, or association; orCommentsClose CommentsPermalink





‘(B) is owned and operated by a municipality and transmits only noncommercial programs for education purposes.’.CommentsClose CommentsPermalink





(5) MULTICAST STREAM- Section 119(d), as amended by paragraph (4), is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(15) 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.’.CommentsClose CommentsPermalink





(6) PRIMARY STREAM- Section 119(d), as amended by paragraph (5), is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(16) PRIMARY STREAM- The term ‘primary stream’ means--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(B) if there is no such stream, either--CommentsClose CommentsPermalink





‘(i) the single digital stream of programming associated with the network last transmitted by the station as an analog signal; orCommentsClose CommentsPermalink





‘(ii) 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.’.CommentsClose CommentsPermalink





(7) CLERICAL AMENDMENT- Section 119(d) is amended in paragraphs (1), (2), and (5) by striking ‘which’ each place it appears and inserting ‘that’.CommentsClose CommentsPermalink





(i) Superstation Redesignated as Non-network Station- Section 119 is amended--CommentsClose CommentsPermalink





(1) by striking ‘superstation’ each place it appears in a heading and each place it appears in text and inserting ‘non-network station’; andCommentsClose CommentsPermalink





(2) by striking ‘superstations’ each place it appears in a heading and each place it appears in text and inserting ‘non-network stations’.CommentsClose CommentsPermalink





(j) Low Power Television Stations- Section 119(a)(15) is amended to read as follows:CommentsClose CommentsPermalink





‘(15) SECONDARY TRANSMISSIONS OF LOW POWER TELEVISION PROGRAMMING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding paragraph (2)(B), and subject to subparagraphs (B) through (D) of this paragraph, the statutory license provided for in paragraph (1) shall apply to the secondary transmission by a satellite carrier of the primary transmission of the programming of a non-network station that is licensed as a low power television station, to a subscriber who resides within the same designated market area as the station that originates the programming signal.CommentsClose CommentsPermalink





‘(B) NO APPLICABILITY TO REPEATERS AND TRANSLATORS- Secondary transmissions provided for in subparagraph (A) shall not apply to any low power television station that retransmits the programs and signals of another television station for more than 2 hours each day.CommentsClose CommentsPermalink





‘(C) ROYALTY FEES- A satellite carrier whose secondary transmission of the primary transmission of the programming of a low power television station is subject to statutory licensing under this section shall be subject to royalty payments under subsection (b)(1)(B) for any transmission to a subscriber outside of the local market of the low power television station.CommentsClose CommentsPermalink





‘(D) LIMITATION TO SUBSCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE- Secondary transmissions provided for in subparagraph (A) may be made by a satellite carrier only to subscribers who receive secondary transmissions of primary transmissions from that satellite carrier pursuant to the statutory license under section 122.’.CommentsClose CommentsPermalink





(k) Removal of Significantly Viewed Provision-CommentsClose CommentsPermalink





(1) REMOVAL OF PROVISION- Section 119(a), as amended by subsections (d) and (j), is amended by striking paragraph (3) and redesignating paragraphs (4) through (17) as paragraphs (3) through (16), respectively.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 119 is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘(5), (6), and (8)’ and inserting ‘(4), (5), and (7)’;CommentsClose CommentsPermalink





(ii) in paragraph (2)--CommentsClose CommentsPermalink





(I) in subparagraph (A), by striking ‘paragraphs (5), (6), (7), and (8)’ and inserting ‘paragraphs (4), (5), (6), and (7)’;CommentsClose CommentsPermalink





(II) in subparagraph (B)(i), by striking the second sentence; andCommentsClose CommentsPermalink





(III) in subparagraph (D), by striking clauses (i) and (ii) and inserting the following:CommentsClose CommentsPermalink





‘(i) INITIAL LISTS- A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, not later than 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name and address, including street or rural route number, city, State, and 9-digit zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission to subscribers in unserved households.CommentsClose CommentsPermalink





‘(ii) MONTHLY LISTS- After the submission of the initial lists under clause (i), the satellite carrier shall, not later than the 15th of each month, submit to the network a list identifying (by name and address, including street or rural route number, city, State, and 9-digit zip code) any persons who have been added or dropped as subscribers under clause (i) since the last submission under clause (i).’; andCommentsClose CommentsPermalink





(iii) in subparagraph (E) of paragraph (3) (as redesignated)--CommentsClose CommentsPermalink





(I) by striking ‘under paragraph (3) or’; andCommentsClose CommentsPermalink





(II) by striking ‘paragraph (12)’ and inserting ‘paragraph (11)’; andCommentsClose CommentsPermalink





(B) in subsection (b)(1), by striking the final sentence.CommentsClose CommentsPermalink





(l) Modifications to Provisions for Secondary Transmissions by Satellite Carriers-CommentsClose CommentsPermalink





(1) PREDICTIVE MODEL- Section 119(a)(2)(B)(ii) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(III) ACCURATE PREDICTIVE MODEL WITH RESPECT TO DIGITAL SIGNALS- Notwithstanding subclause (I), in determining presumptively whether a person resides in an unserved household under subsection (d)(10)(A) with respect to digital signals, a court shall rely on a predictive model set forth by the Federal Communications Commission pursuant to a rulemaking as provided in section 339(c)(3) of the Communications Act of 1934 (47 U.S.C. 339(c)(3)), as that model may be amended by the Commission over time under such section to increase the accuracy of that model. Until such time as the Commission sets forth such model, a court shall rely on the predictive model as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket N. 05-182, FCC 05-199 (released December 9, 2005).’.CommentsClose CommentsPermalink





(2) MODIFICATIONS TO STATUTORY LICENSE WHERE RETRANSMISSIONS INTO LOCAL MARKET AVAILABLE- Section 119(a)(3) (as redesignated) is amended--CommentsClose CommentsPermalink





(A) by striking ‘analog’ each place it appears in a heading and text;CommentsClose CommentsPermalink





(B) by striking subparagraphs (B), (C), and (D), and inserting the following:CommentsClose CommentsPermalink





‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF DATE OF ENACTMENT OF 2009 ACT- In the case of a subscriber of a satellite carrier who, on the day before the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009, was lawfully receiving the secondary transmission of the primary transmission of a network station under the statutory license under paragraph (2) (in this subparagraph referred to as the ‘distant signal’), other than subscribers to whom subparagraph (A) applies, the statutory license under paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network, and the subscriber’s household shall continue to be considered to be an unserved household with respect to such network, until such time as the subscriber elects to terminate such secondary transmissions.CommentsClose CommentsPermalink





‘(C) RULES FOR NEW SUBSCRIBERS AFTER ENACTMENT OF 2009 ACT- In the case of a person who first seeks to subscribe with a satellite carrier, on or after the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009, to receive secondary transmissions of the primary transmission of a network station under the statutory license under paragraph (2) (in this subparagraph referred to as the ‘distant signal’), the following shall apply:CommentsClose CommentsPermalink





‘(i) Except in a case in which clause (ii) applies, the statutory license under paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network, and the subscriber’s household shall continue to be considered an unserved household with respect to such network, until such time as the satellite carrier makes available to the subscriber and the subscriber receives from the satellite carrier the secondary transmission of the primary transmission of a primary stream or a multicast stream affiliated with that network and located in the subscriber’s local market.CommentsClose CommentsPermalink





‘(ii) If, at the time such person seeks to so subscribe, the satellite carrier does not offer service in the subscriber’s local market pursuant to section 122, the statutory license under paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the distant signal of a station affiliated with the same television network, and the subscriber’s household shall continue to be considered an unserved household with respect to such network, until such time as the subscriber elects to terminate such secondary transmissions.’;CommentsClose CommentsPermalink





(C) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E), and (F), respectively;CommentsClose CommentsPermalink





(D) in subparagraph (E) (as redesignated), by striking ‘(C) or (D)’ and inserting ‘(B) or (C)’; andCommentsClose CommentsPermalink





(E) in subparagraph (F) (as redesignated), by inserting ‘9-digit’ before ‘zip code’.CommentsClose CommentsPermalink





(3) STATUTORY DAMAGES FOR TERRITORIAL RESTRICTIONS- Section 119(a)(6) (as redesignated) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A)(ii), by striking ‘$5’ and inserting ‘$250’;CommentsClose CommentsPermalink





(B) in subparagraph (B)----CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘$250,000 for each 6-month period’ and inserting ‘$2,500,000 for each 3-month period’; andCommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘$250,000’ and inserting ‘$2,500,000’; andCommentsClose CommentsPermalink





(C) by adding at the end the following flush sentence:CommentsClose CommentsPermalink





‘The court shall direct one half of any statutory damages ordered under clause (i) to be deposited with the Register of Copyrights for distribution to copyright owners pursuant to subsection (b). The Copyright Royalty Judges shall issue regulations establishing procedures for distributing such funds, on a proportional basis, to copyright owners whose works were included in the secondary transmissions that were the subject of the statutory damages.’.CommentsClose CommentsPermalink





(4) CLERICAL AMENDMENT- Section 119(a)(2)(B)(iii)(II) is amended by striking ‘In this clause’ and inserting ‘In this clause,’.CommentsClose CommentsPermalink





(m) Moratorium Extension- Section 119(e) is amended by striking ‘2009’ and inserting ‘2014’.CommentsClose CommentsPermalink





(n) Clerical Amendments- Section 119 is amended--CommentsClose CommentsPermalink





(1) by striking ‘of the Code of Federal Regulations’ each place it appears and inserting ‘, Code of Federal Regulations’; andCommentsClose CommentsPermalink





(2) in subsection (d)(6), by striking ‘or the Direct’ and inserting ‘, or the Direct’.CommentsClose CommentsPermalink

SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE CARRIERS IN LOCAL MARKETS.

(a) Heading Renamed-CommentsClose CommentsPermalink





(1) IN GENERAL- The heading of section 122 is amended by striking ‘by satellite carriers within local markets’ and inserting ‘of local television programming by satellite’.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents for chapter 1 is amended by striking the item relating to section 122 and inserting the following:CommentsClose CommentsPermalink





‘122. Limitations on exclusive rights: Secondary transmissions of local television programming by satellite.’.CommentsClose CommentsPermalink





(b) Statutory License- Section 122(a) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Secondary Transmissions Into Local Markets-CommentsClose CommentsPermalink





‘(1) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST STATIONS WITHIN A LOCAL MARKET- A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station’s local market shall be subject to statutory licensing under this section if--CommentsClose CommentsPermalink





‘(A) the secondary transmission is made by a satellite carrier to the public;CommentsClose CommentsPermalink





‘(B) with regard to secondary transmissions, the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals; andCommentsClose CommentsPermalink





‘(C) the satellite carrier makes a direct or indirect charge for the secondary transmission to--CommentsClose CommentsPermalink





‘(i) each subscriber receiving the secondary transmission; orCommentsClose CommentsPermalink





‘(ii) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary transmission to the public.CommentsClose CommentsPermalink





‘(2) SIGNIFICANTLY VIEWED STATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The statutory license under paragraph (1) shall apply to the secondary transmission of the primary transmission of a network station or a non-network station to a subscriber who resides outside the station’s local market but within a community in which the signal has been determined by the Federal Communications Commission to be significantly viewed in such community, pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, applicable to determining with respect to a cable system whether signals are significantly viewed in a community.CommentsClose CommentsPermalink





‘(B) LIMITATION- Subparagraph (A) shall apply only to secondary transmissions of the primary transmissions of network stations or non-network stations to subscribers who receive secondary transmissions from a satellite carrier pursuant to the statutory license under paragraph (1).CommentsClose CommentsPermalink





‘(C) WAIVER- A subscriber who is denied the secondary transmission of the primary transmission of a network station or a non-network station under subparagraph (B) may request a waiver from such denial by submitting a request, through the subscriber’s satellite carrier, to the network station or non-network station in the local market affiliated with the same network or non-network where the subscriber is located. The network station or non-network station shall accept or reject the subscriber’s request for a waiver within 30 days after receipt of the request. If the network station or non-network station fails to accept or reject the subscriber’s request for a waiver within that 30-day period, that network station or non-network station shall be deemed to agree to the waiver request.CommentsClose CommentsPermalink





‘(3) SECONDARY TRANSMISSION OF LOW POWER PROGRAMMING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraphs (B) through (D) of this paragraph, the statutory license provided under paragraph (1) shall apply to the secondary transmission by a satellite carrier of the primary transmission of a network station or a non-network station that is licensed as a low power television station, to a subscriber who resides within the same local market as the station that originates the transmission.CommentsClose CommentsPermalink





‘(B) NO APPLICABILITY TO REPEATERS AND TRANSLATORS- Secondary transmissions provided for in subparagraph (A) shall not apply to any low power television station that retransmits the programs and signals of another television station for more than 2 hours each day.CommentsClose CommentsPermalink





‘(C) LIMITATION TO SUBSCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE- Secondary transmissions by a satellite carrier provided for in subparagraph (A) may be made only to subscribers who receive secondary transmissions of primary transmissions from that satellite carrier pursuant to the statutory license in paragraph (1), and only in conformity with the requirements under section 340(b) of the Communications Act of 1934, as in effect on the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009.CommentsClose CommentsPermalink





‘(D) NO IMPACT ON OTHER SECONDARY TRANSMISSIONS OBLIGATIONS- A satellite carrier that makes secondary transmissions of a primary transmission of a low power television station under a statutory license provided under this section is not required, by reason of such secondary transmissions, to make any other secondary transmissions.’.CommentsClose CommentsPermalink





(c) Reporting Requirements- Section 122(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘station a list’ and all that follows through the end and inserting the following: ‘station--CommentsClose CommentsPermalink





‘(A) a list identifying (by name in alphabetical order and street address, including county and 9-digit zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission under subsection (a); andCommentsClose CommentsPermalink





‘(B) a separate list, aggregated by designated market area (by name and address, including street or rural route number, city, State, and 9-digit zip code), which shall indicate those subscribers being served pursuant to subsection (a)(2), relating to significantly viewed stations.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘network a list’ and all that follows through the end and inserting the following: ‘network--CommentsClose CommentsPermalink





‘(A) a list identifying (by name in alphabetical order and street address, including county and 9-digit zip code) any subscribers who have been added or dropped as subscribers since the last submission under this subsection; andCommentsClose CommentsPermalink





‘(B) a separate list, aggregated by designated market area (by name and street address, including street or rural route number, city, State, and 9-digit zip code), identifying those subscribers whose service pursuant to subsection (a)(2), relating to significantly viewed stations, has been added or dropped since the last submission under this subsection.’.CommentsClose CommentsPermalink





(d) Violations for Territorial Restrictions-CommentsClose CommentsPermalink





(1) MODIFICATION TO STATUTORY DAMAGES- Section 122(f) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)(B), by striking ‘$5’ and inserting ‘$250’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘$250,000’ each place it appears and inserting ‘$2,500,000’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT FOR SIGNIFICANTLY VIEWED STATIONS- Section 122 is amended--CommentsClose CommentsPermalink





(A) in subsection (f), by striking ‘section 119 or’ each place it appears and inserting the following: ‘section 119, subject to statutory licensing by reason of subsection (a)(2)(A), or subject to’; andCommentsClose CommentsPermalink





(B) in subsection (g), by striking ‘section 119 or’ and inserting the following: ‘section 119, subsection (a)(2)(A), or’.CommentsClose CommentsPermalink





(e) Definitions- Section 122(j) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘which contracts’ and inserting ‘that contracts’;CommentsClose CommentsPermalink





(2) by amending paragraph (2)(A) to read as follows:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘local market’ means--CommentsClose CommentsPermalink





‘(i) in the case of a television broadcast station that is not a low power television station, the designated market area in which such station is located, and--CommentsClose CommentsPermalink





‘(I) in the case of a commercial television broadcast station, all commercial television broadcast stations licensed to a community within the same designated market area are within the same local market; andCommentsClose CommentsPermalink





‘(II) in the case of a noncommercial educational television broadcast station, any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station; andCommentsClose CommentsPermalink





‘(ii) in the case of a low power television broadcast station, the area that is both--CommentsClose CommentsPermalink





‘(I) within the designated market area in which such station is located; andCommentsClose CommentsPermalink





‘(II) within the area within 35 miles of the transmitter site of such station, except that in the case of such a station located in a standard metropolitan statistical area that has 1 of the 50 largest populations of all standard metropolitan statistical areas (based on the 1980 decennial census of population taken by the Secretary of Commerce), the area within 20 miles of the transmitter site of such station.’;CommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) in the heading of such paragraph, by inserting ‘NON-NETWORK STATION; NONCOMMERCIAL EDUCATIONAL BROADCAST STATION;’ after ‘NETWORK STATION;’; andCommentsClose CommentsPermalink





(B) by inserting ‘non-network station; noncommercial educational broadcast station’,’ after ‘network station’,’;CommentsClose CommentsPermalink





(4) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





‘(4) SUBSCRIBER- The term ‘subscriber’ means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) LOW POWER TELEVISION STATION- The term ‘low power television station’ means a low power TV station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term ‘low power television station’ includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.’.CommentsClose CommentsPermalink

SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY TRANSMISSION RIGHTS UNDER SECTION 111.

(a) Heading Renamed-CommentsClose CommentsPermalink





(1) IN GENERAL- The heading of section 111 is amended by inserting at the end the following: ‘of broadcast programming by cable’.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents for chapter 1 is amended by striking the item relating to section 111 and inserting the following:CommentsClose CommentsPermalink





‘111. Limitations on exclusive rights: Secondary transmissions of broadcast programming by cable.’.CommentsClose CommentsPermalink





(b) National Emergency Monitoring Exemption- Section 111 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking ‘; or’ and inserting ‘or section 122;’;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) the secondary transmission is made by a cable system for emergency preparation, response, or recovery as described under subsection (g).’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Retransmission for Emergency Preparation, Response, or Recovery-CommentsClose CommentsPermalink





‘(1) AUTHORITY- For purposes of subsection (a)(6), a secondary transmission by a cable system of a performance or display of a work embodied in a primary transmission by a television broadcast station is made for emergency preparation, response, or recovery if such transmission is made--CommentsClose CommentsPermalink





‘(A) by a cable system to a Federal governmental body designated by the Office of Emergency Communications, in coordination with the Federal Communications Commission, or an organization established with the purpose of carrying out a system of national and international relief efforts and chartered under section 300101 of title 36;CommentsClose CommentsPermalink





‘(B) to officers or employees of such body or such organization as a part of the official duties or employment of such officers or employees;CommentsClose CommentsPermalink





‘(C) at the request of the Secretary of Homeland Security; andCommentsClose CommentsPermalink





‘(D) for the sole purpose of preparing for, responding to, or recovering from an emergency described under paragraph (2).CommentsClose CommentsPermalink





‘(2) EMERGENCIES- An emergency is described under this paragraph if the Secretary of Homeland Security identifies such emergency as a major disaster, a catastrophic incident, an act of terrorism, or a transportation security incident.CommentsClose CommentsPermalink





‘(3) REGULATIONS- Not later than 6 months after the date of the enactment of this subsection, the Secretary of Homeland Security, in coordination with the Federal Communications Commission, the National Telecommunications and Information Administration, and the Register of Copyrights, shall issue regulations to protect copyright owners by preventing the unauthorized access to the secondary transmissions described in paragraph (1).CommentsClose CommentsPermalink





‘(4) REPORTS TO CONGRESSIONAL COMMITTEES- Not later than one year after the date of the enactment of this subsection and by September 30 of each year thereafter, the Secretary of Homeland Security, acting through the Office of Emergency Communications, shall submit a report to the Committees on the Judiciary, on Homeland Security, and on Energy and Commerce of the House of Representatives and the Committees on the Judiciary, on Homeland Security, and on Commerce, Science, and Transportation of the Senate describing--CommentsClose CommentsPermalink





‘(A) the manner in which the authority granted under paragraph (1) is being used, including to whom and for what purposes the secondary transmissions are being provided; andCommentsClose CommentsPermalink





‘(B) any additional legislative recommendations the Secretary may have.CommentsClose CommentsPermalink





‘(5) DEFINITIONS- As used in this subsection:CommentsClose CommentsPermalink





‘(A) TERRORISM- The term ‘terrorism’ has the meaning given that term in section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).CommentsClose CommentsPermalink





‘(B) TRANSPORTATION SECURITY INCIDENT- The term ‘transportation security incident’ has the meaning given that term in section 70101 of title 46.CommentsClose CommentsPermalink





‘(C) CATASTROPHIC INCIDENT- The term ‘catastrophic incident’ means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, the environment, the economy, national morale, or government functions in a geographic area.CommentsClose CommentsPermalink





‘(6) EFFECTIVE DATE- This subsection shall apply with respect to secondary transmissions described under paragraph (1) that are made after the end of the 30-day period beginning on the effective date of the regulations issued by the Secretary of Homeland Security under paragraph (3).’.CommentsClose CommentsPermalink





(c) Statutory License for Secondary Transmissions by Cable Systems- Section 111(d) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘A cable system whose secondary’ and inserting the following: ‘STATEMENT OF ACCOUNT AND ROYALTY FEES- Subject to paragraph (5), a cable system whose secondary’; andCommentsClose CommentsPermalink





(ii) by striking ‘by regulation--’ and inserting ‘by regulation the following:’;CommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘a statement of account’ and inserting ‘A statement of account’; andCommentsClose CommentsPermalink





(ii) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(C) by striking subparagraphs (B), (C), and (D), and inserting the following:CommentsClose CommentsPermalink





‘(B) Except in the case of a cable system whose royalty fee is specified in subparagraph (E) or (F), a total royalty fee payable to copyright owners pursuant to paragraph (3) for the period covered by the statement, computed on the basis of specified percentages of the gross receipts from subscribers to the cable service during such period for the basic service of providing secondary transmissions of primary broadcast transmitters, as follows:CommentsClose CommentsPermalink





‘(i) 1.064 percent of such gross receipts for the privilege of further transmitting, beyond the local service area of such primary transmitter, any non-network programming of a primary transmitter in whole or in part, such amount to be applied against the fee, if any, payable pursuant to clauses (ii) through (iv);CommentsClose CommentsPermalink





‘(ii) 1.064 percent of such gross receipts for the first distant signal equivalent;CommentsClose CommentsPermalink





‘(iii) 0.701 percent of such gross receipts for each of the second, third, and fourth distant signal equivalents; andCommentsClose CommentsPermalink





‘(iv) 0.330 percent of such gross receipts for the fifth distant signal equivalent and each distant signal equivalent thereafter.CommentsClose CommentsPermalink





‘(C) In computing amounts under clauses (ii) through (iv) of subparagraph (B)--CommentsClose CommentsPermalink





‘(i) any fraction of a distant signal equivalent shall be computed at its fractional value;CommentsClose CommentsPermalink





‘(ii) in the case of any cable system located partly within and partly outside of the local service area of a primary transmitter, gross receipts shall be limited to those gross receipts derived from subscribers located outside of the local service area of such primary transmitter; andCommentsClose CommentsPermalink





‘(iii) if a cable system provides a secondary transmission of a primary transmitter to some but not all communities served by that cable system--CommentsClose CommentsPermalink





‘(I) the gross receipts and the distant signal equivalent values for such secondary transmission shall be derived solely on the basis of the subscribers in those communities where the cable system provides such secondary transmission; andCommentsClose CommentsPermalink





‘(II) the total royalty fee for the period paid by such system shall not be less than the royalty fee calculated under subparagraph (B)(i) multiplied by the gross receipts from all subscribers to the system.CommentsClose CommentsPermalink





‘(D) A cable system that, on a statement submitted before the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009, computed its royalty fee consistent with the methodology under subparagraph (C)(iii) or that amends a statement filed before such date of enactment to compute the royalty fee due using such methodology shall not be subject to an action for infringement, or eligible for any royalty refund or offset, arising out of its use of such methodology on such statement.CommentsClose CommentsPermalink





‘(E) If the actual gross receipts paid by subscribers to a cable system for the period covered by the statement for the basic service of providing secondary transmissions of primary broadcast transmitters are $263,800 or less--CommentsClose CommentsPermalink





‘(i) gross receipts of the cable system for the purpose of this paragraph shall be computed by subtracting from such actual gross receipts the amount by which $263,800 exceeds such actual gross receipts, except that in no case shall a cable system’s gross receipts be reduced to less than $10,400; andCommentsClose CommentsPermalink





‘(ii) the royalty fee payable under this paragraph to copyright owners pursuant to paragraph (3) shall be 0.5 percent, regardless of the number of distant signal equivalents, if any.CommentsClose CommentsPermalink





‘(F) If the actual gross receipts paid by subscribers to a cable system for the period covered by the statement for the basic service of providing secondary transmissions of primary broadcast transmitters are more than $263,800 but less than $527,600, the royalty fee payable under this paragraph to copyright owners pursuant to paragraph (3) shall be--CommentsClose CommentsPermalink





‘(i) 0.5 percent of any gross receipts up to $263,800, regardless of the number of distant signal equivalents, if any; andCommentsClose CommentsPermalink





‘(ii) 1 percent of any gross receipts in excess of $263,800, but less than $527,600, regardless of the number of distant signal equivalents, if any.CommentsClose CommentsPermalink





‘(G) A filing fee, as determined by the Register of Copyrights pursuant to section 708(a).’;CommentsClose CommentsPermalink





(2) in paragraph (2), in the first sentence--CommentsClose CommentsPermalink





(A) by striking ‘The Register of Copyrights’ and inserting the following ‘HANDLING OF FEES- The Register of Copyrights’;CommentsClose CommentsPermalink





(B) by inserting ‘(including the filing fee specified in paragraph (1)(G))’ after ‘shall receive’; andCommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking ‘The royalty fees’ and inserting the following: ‘DISTRIBUTION OF ROYALTY FEES TO COPYRIGHT OWNERS- The royalty fees’;CommentsClose CommentsPermalink





(B) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘any such’ and inserting ‘Any such’; andCommentsClose CommentsPermalink





(ii) by striking ‘; and’ and inserting a period;CommentsClose CommentsPermalink





(C) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking ‘any such’ and inserting ‘Any such’; andCommentsClose CommentsPermalink





(ii) by striking the semicolon and inserting a period; andCommentsClose CommentsPermalink





(D) in subparagraph (C), by striking ‘any such’ and inserting ‘Any such’;CommentsClose CommentsPermalink





(4) in paragraph (4), by striking ‘The royalty fees’ and inserting the following: ‘PROCEDURES FOR ROYALTY FEE DISTRIBUTION- The royalty fees’; andCommentsClose CommentsPermalink





(5) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(5) 3.75 PERCENT RATE AND SYNDICATED EXCLUSIVITY SURCHARGE NOT APPLICABLE TO MULTICAST STREAMS- The royalty rates specified in sections 256.2(c) and 256.2(d) of title 37, Code of Federal Regulations (commonly referred to as the ‘3.75 percent rate’ and the ‘syndicated exclusivity surcharge’, respectively), as in effect on the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, as such rates may be adjusted, or such sections redesignated, thereafter by the Copyright Royalty Judges, shall not apply to the secondary transmission of a multicast stream.CommentsClose CommentsPermalink





‘(6) VERIFICATION OF ACCOUNTS AND FEE PAYMENTS- The Register of Copyrights shall issue regulations to provide for the confidential verification and audit of the information reported on the semi-annual statements of account filed after the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009. The regulations shall provide for a single verification procedure, with respect to the semi-annual statements of account filed by a cable system, to be conducted by a qualified independent auditor on behalf of all copyright owners whose works were the subject of a secondary transmission to the public by a cable system of a performance or display of a work embodied in a primary transmission and for a mechanism to review and cure defects identified by any such audit.CommentsClose CommentsPermalink





‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS- Any royalty fee payments received by the Copyright Office from cable systems for the secondary transmission of primary transmissions that are in addition to the payments calculated and deposited in accordance with this subsection shall be deemed to have been deposited for the particular accounting period for which they are received and shall be distributed as specified under this subsection.’.CommentsClose CommentsPermalink





(d) Effective Date of New Royalty Fee Rates- The royalty fee rates established in section 111(d)(1)(B) of title 17, United States Code, as amended by subsection (c)(1)(C) of this section, shall take effect commencing with the first accounting period occurring in 2010.CommentsClose CommentsPermalink





(e) Definitions- Section 111(f) is amended--CommentsClose CommentsPermalink





(1) by striking the first undesignated paragraph and inserting the following:CommentsClose CommentsPermalink





‘(1) PRIMARY TRANSMISSION- A ‘primary transmission’ is a transmission made to the public by a transmitting facility whose signals are being received and further transmitted by a secondary transmission service, regardless of where or when the performance or display was first transmitted. In the case of a television broadcast station, the primary stream and any multicast streams transmitted by the station constitute primary transmissions.’;CommentsClose CommentsPermalink





(2) in the second undesignated paragraph--CommentsClose CommentsPermalink





(A) by striking ‘A ‘secondary transmission’ and inserting the following:CommentsClose CommentsPermalink





‘(2) SECONDARY TRANSMISSION- A ‘secondary transmission’; andCommentsClose CommentsPermalink





(B) by striking ‘cable system’ and inserting ‘cable system’;CommentsClose CommentsPermalink





(3) in the third undesignated paragraph--CommentsClose CommentsPermalink





(A) by striking ‘A ‘cable system’ and inserting the following:CommentsClose CommentsPermalink





‘(3) CABLE SYSTEM- A ‘cable system’; andCommentsClose CommentsPermalink





(B) by striking ‘Territory, Trust Territory, or Possession’ and inserting ‘territory, trust territory, or possession of the United States’;CommentsClose CommentsPermalink





(4) in the fourth undesignated paragraph, in the first sentence--CommentsClose CommentsPermalink





(A) by striking ‘The ‘local service area of a primary transmitter’, in the case of a television broadcast station, comprises the area in which such station is entitled to insist’ and inserting the following:CommentsClose CommentsPermalink





‘(4) LOCAL SERVICE AREA OF A PRIMARY TRANSMITTER- The ‘local service area of a primary transmitter’, in the case of both the primary stream and any multicast streams transmitted by a primary transmitter that is a television broadcast station, comprises the area where such primary transmitter could have insisted’;CommentsClose CommentsPermalink





(B) by striking ‘76.59 of title 47 of the Code of Federal Regulations’ and inserting the following: ‘76.59 of title 47, Code of Federal Regulations, or within the noise-limited contour as defined in 73.622(e)(1) of title 47, Code of Federal Regulations’; andCommentsClose CommentsPermalink





(C) by striking ‘as defined by the rules and regulations of the Federal Communications Commission,’;CommentsClose CommentsPermalink





(5) by amending the fifth undesignated paragraph to read as follows:CommentsClose CommentsPermalink





‘(5) DISTANT SIGNAL EQUIVALENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided under subparagraph (B), a ‘distant signal equivalent’--CommentsClose CommentsPermalink





‘(i) is the value assigned to the secondary transmission of any non-network television programming carried by a cable system in whole or in part beyond the local service area of the primary transmitter of such programming; andCommentsClose CommentsPermalink





‘(ii) is computed by assigning a value of one to each primary stream and to each multicast stream (other than a simulcast) that is an independent station, and by assigning a value of one-quarter to each primary stream and to each multicast stream (other than a simulcast) that is a network station or a noncommercial educational station.CommentsClose CommentsPermalink





‘(B) EXCEPTIONS- The values for independent, network, and noncommercial educational stations specified in subparagraph (A) are subject to the following:CommentsClose CommentsPermalink





‘(i) Where the rules and regulations of the Federal Communications Commission require a cable system to omit the further transmission of a particular program and such rules and regulations also permit the substitution of another program embodying a performance or display of a work in place of the omitted transmission, or where such rules and regulations in effect on the date of enactment of the Copyright Act of 1976 permit a cable system, at its election, to effect such omission and substitution of a nonlive program or to carry additional programs not transmitted by primary transmitters within whose local service area the cable system is located, no value shall be assigned for the substituted or additional program.CommentsClose CommentsPermalink





‘(ii) Where the rules, regulations, or authorizations of the Federal Communications Commission in effect on the date of enactment of the Copyright Act of 1976 permit a cable system, at its election, to omit the further transmission of a particular program and such rules, regulations, or authorizations also permit the substitution of another program embodying a performance or display of a work in place of the omitted transmission, the value assigned for the substituted or additional program shall be, in the case of a live program, the value of one full distant signal equivalent multiplied by a fraction that has as its numerator the number of days in the year in which such substitution occurs and as its denominator the number of days in the year.CommentsClose CommentsPermalink





‘(iii) In the case of the secondary transmission of a primary transmitter that is a television broadcast station pursuant to the late-night or specialty programming rules of the Federal Communications Commission, or the secondary transmission of a primary transmitter that is a television broadcast station on a part-time basis where full-time carriage is not possible because the cable system lacks the activated channel capacity to retransmit on a full-time basis all signals that it is authorized to carry, the values for independent, network, and noncommercial educational stations set forth in subparagraph (A), as the case may be, shall be multiplied by a fraction that is equal to the ratio of the broadcast hours of such primary transmitter retransmitted by the cable system to the total broadcast hours of the primary transmitter.CommentsClose CommentsPermalink





‘(iv) No value shall be assigned for the secondary transmission of the primary stream or any multicast streams of a primary transmitter that is a television broadcast station in any community that is within the local service area of the primary transmitter.’;CommentsClose CommentsPermalink





(6) by striking the sixth undesignated paragraph and inserting the following:CommentsClose CommentsPermalink





‘(6) NETWORK STATION-CommentsClose CommentsPermalink





‘(A) TREATMENT OF PRIMARY STREAM- The term ‘network station’ shall be applied to a primary stream of a television broadcast station that is owned or operated by, or affiliated with, one or more of the television networks in the United States providing nationwide transmissions, and that transmits a substantial part of the programming supplied by such networks for a substantial part of the primary stream’s typical broadcast day.CommentsClose CommentsPermalink





‘(B) TREATMENT OF MULTICAST STREAMS- The term ‘network station’ shall be applied to a multicast stream on which a television broadcast station transmits all or substantially all of the programming of an interconnected program service that--CommentsClose CommentsPermalink





‘(i) is owned or operated by, or affiliated with, one or more of the television networks described in subparagraph (A); andCommentsClose CommentsPermalink





‘(ii) offers programming on a regular basis for 15 or more hours per week to at least 25 of the affiliated television licensees of the interconnected program service in 10 or more States.’; andCommentsClose CommentsPermalink





(7) by striking the seventh undesignated paragraph and inserting the following:CommentsClose CommentsPermalink





‘(7) INDEPENDENT STATION- The term ‘independent station’ shall be applied to the primary stream or a multicast stream of a television broadcast station that is not a network station or a noncommercial educational station.’;CommentsClose CommentsPermalink





(8) by striking the eighth undesignated paragraph and inserting the following:CommentsClose CommentsPermalink





‘(8) NONCOMMERCIAL EDUCATIONAL STATION- A ‘noncommercial educational station’ is television station that is a noncommercial educational broadcast station as defined in section 397 of the Communications Act of 1934, as in effect on the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009.’; andCommentsClose CommentsPermalink





(9) by adding at the end the following:CommentsClose CommentsPermalink





‘(9) PRIMARY STREAM- A ‘primary stream’ is--CommentsClose CommentsPermalink





‘(A) the single digital stream of programming that prior to june 12, 2009 was substantially duplicating the programming transmitted by the television broadcast station as an analog signal; orCommentsClose CommentsPermalink





‘(B) if there is no such stream, the single digital stream of programming transmitted by the station for the longest period of time.CommentsClose CommentsPermalink





‘(10) PRIMARY TRANSMITTER- A ‘primary transmitter’ is a television or radio broadcast station licensed by the Federal Communications Commission, or by an appropriate governmental authority of Canada or Mexico, that makes primary transmissions to the public.CommentsClose CommentsPermalink





‘(11) MULTICAST STREAM- A ‘multicast stream’ is a digital stream of programming transmitted by a television broadcast station that is not the station’s primary stream.CommentsClose CommentsPermalink





‘(12) SIMULCAST- A ‘simulcast’ is a multicast stream of a television broadcast station that duplicates the programming transmitted by the primary stream or another multicast stream of such station.CommentsClose CommentsPermalink





‘(13) SUBSCRIBER; SUBSCRIBE-CommentsClose CommentsPermalink





‘(A) SUBSCRIBER- The term ‘subscriber’ means a person or entity that receives a secondary transmission service from a cable system and pays a fee for the service, directly or indirectly, to the cable system.CommentsClose CommentsPermalink





‘(B) SUBSCRIBE- The term ‘subscribe’ means to elect to become a subscriber.’.CommentsClose CommentsPermalink





(f) Timing of Section 111 Proceedings- Section 804(b)(1) is amended by striking ‘2005’ each place it appears and inserting ‘2015’.CommentsClose CommentsPermalink





(g) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) CORRECTIONS TO FIX LEVEL DESIGNATIONS- Section 111 is amended--CommentsClose CommentsPermalink





(A) in subsections (a), (c), and (e), by striking ‘clause’ each place it appears and inserting ‘paragraph’;CommentsClose CommentsPermalink





(B) in subsection (c)(1), by striking ‘clauses’ and inserting ‘paragraphs’; andCommentsClose CommentsPermalink





(C) in subsection (e)(1)(F), by striking ‘subclause’ and inserting ‘subparagraph’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT TO HYPHENATE NONNETWORK- Section 111 is amended by striking ‘nonnetwork’ each place it appears and inserting ‘non-network’.CommentsClose CommentsPermalink





(3) PREVIOUSLY UNDESIGNATED PARAGRAPH- Section 111(e)(1) is amended by striking ‘second paragraph of subsection (f)’ and inserting ‘subsection (f)(2)’.CommentsClose CommentsPermalink





(4) REMOVAL OF SUPERFLUOUS ANDS- Section 111(e) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (1)(B), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(C) in paragraph (1)(C), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(D) in paragraph (1)(D), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(E) in paragraph (2)(A), by striking ‘and’ at the end.CommentsClose CommentsPermalink





(5) REMOVAL OF VARIANT FORMS REFERENCES- Section 111 is amended--CommentsClose CommentsPermalink





(A) in subsection (e)(4), by striking ‘, and each of its variant forms,’; andCommentsClose CommentsPermalink





(B) in subsection (f), by striking ‘and their variant forms’.CommentsClose CommentsPermalink





(6) CORRECTION TO TERRITORY REFERENCE- Section 111(e)(2) is amended in the matter preceding subparagraph (A) by striking ‘three territories’ and inserting ‘five entities’.CommentsClose CommentsPermalink





(h) Effective Date With Respect to Multicast Streams-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraphs (2) and (3), the amendments made by this section, to the extent such amendments assign a distant signal equivalent value to the secondary transmission of the multicast stream of a primary transmitter, shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) DELAYED APPLICABILITY-CommentsClose CommentsPermalink





(A) SECONDARY TRANSMISSIONS OF A MULTICAST STREAM BEYOND THE LOCAL SERVICE AREA OF ITS PRIMARY TRANSMITTER BEFORE 2009 ACT- In any case in which a cable system was making secondary transmissions of a multicast stream beyond the local service area of its primary transmitter before the date of the enactment of this Act, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary transmissions of such multicast stream that are made on or before June 30, 2010.CommentsClose CommentsPermalink





(B) MULTICAST STREAMS SUBJECT TO PREEXISTING WRITTEN AGREEMENTS FOR THE SECONDARY TRANSMISSION OF SUCH STREAMS- In any case in which the secondary transmission of a multicast stream of a primary transmitter is the subject of a written agreement entered into on or before June 30, 2009, between a cable system or an association representing the cable system and a primary transmitter or an association representing the primary transmitter, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary transmissions of such multicast stream beyond the local service area of its primary transmitter that are made on or before the date on which such written agreement expires.CommentsClose CommentsPermalink





(C) NO REFUNDS OR OFFSETS FOR PRIOR STATEMENTS OF ACCOUNT- A cable system that has reported secondary transmissions of a multicast stream beyond the local service area of its primary transmitter on a statement of account deposited under section 111 of title 17, United States Code, before the date of the enactment of this Act shall not be entitled to any refund, or offset, of royalty fees paid on account of such secondary transmissions of such multicast stream.CommentsClose CommentsPermalink





(3) DEFINITIONS- In this subsection, the terms ‘cable system’, ‘secondary transmission’, ‘multicast stream’, and ‘local service area of a primary transmitter’ have the meanings given those terms in section 111(f) of title 17, United States Code, as amended by this section.CommentsClose CommentsPermalink

SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS.

Section 119 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Certain Waivers Granted to Providers of Local-Into-Local Service to All DMAs-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) LIMITED TEMPORARY WAIVER-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) FAILURE TO MAKE GOOD FAITH EFFORT TO PROVIDE LOCAL-INTO-LOCAL SERVICE TO ALL DMAS-CommentsClose CommentsPermalink





‘(i) WILLFUL FAILURE- 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 make a good faith effort to provide local-into-local service to all DMAs and determines that such failure was willful, such failure--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(II) shall result in the termination of the waiver issued under subparagraph (A).CommentsClose CommentsPermalink





‘(ii) NONWILLFUL FAILURE- 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 make a good faith effort to provide local-into-local service to all DMAs and determines that such failure was nonwillful, the court may in its discretion impose financial penalties that reflect--CommentsClose CommentsPermalink





‘(I) the degree of control the carrier had over the circumstances that resulted in the failure;CommentsClose CommentsPermalink





‘(II) the quality of the carrier’s efforts to remedy the failure; andCommentsClose CommentsPermalink





‘(III) the severity and duration of any service interruption.CommentsClose CommentsPermalink





‘(D) SINGLE TEMPORARY WAIVER AVAILABLE- An entity may only receive one temporary waiver under this paragraph.CommentsClose CommentsPermalink





‘(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 enactment of this subsection is not offered on the primary stream transmitted by any local television broadcast station.CommentsClose CommentsPermalink





‘(3) ESTABLISHMENT OF QUALIFIED CARRIER RECOGNITION-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) an affidavit that the entity is providing local-into-local service to all DMAs;CommentsClose CommentsPermalink





‘(ii) a request for a waiver of the injunction; andCommentsClose CommentsPermalink





‘(iii) a certification issued pursuant to section 342(a) of Communications Act of 1934.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(4) QUALIFIED CARRIER OBLIGATIONS AND COMPLIANCE-CommentsClose CommentsPermalink





‘(A) CONTINUING OBLIGATIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An entity recognized as a qualified carrier shall continue to provide local-into-local service to all DMAs.CommentsClose CommentsPermalink





‘(ii) COOPERATION WITH GAO EXAMINATION- An entity recognized as a qualified carrier shall fully cooperate with the Comptroller General in the examination required by subparagraph (B).CommentsClose CommentsPermalink





‘(B) QUALIFIED CARRIER COMPLIANCE EXAMINATION-CommentsClose CommentsPermalink





‘(i) EXAMINATION AND REPORT- The Comptroller General shall conduct an examination and publish a report concerning the qualified carrier’s compliance with the royalty payment and household eligibility requirements of the license under this section. The report shall address the qualified carrier’s conduct during the period beginning on the date on which the qualified carrier is recognized as such under paragraph (3)(B) and ending on December 31, 2011.CommentsClose CommentsPermalink





‘(ii) RECORDS OF QUALIFIED CARRIER- Beginning on the date that is one year after the date on which the qualified carrier is recognized as such under paragraph (3)(B), the qualified carrier shall provide the Comptroller General with all records that the Comptroller General, in consultation with the Register of Copyrights, considers to be directly pertinent to the following requirements under this section:CommentsClose CommentsPermalink





‘(I) Proper calculation and payment of royalties under the statutory license under this section.CommentsClose CommentsPermalink





‘(II) Provision of service under this license to eligible subscribers only.CommentsClose CommentsPermalink





‘(iii) SUBMISSION OF REPORT- The Comptroller General shall file the report required by clause (i) not later than March 1, 2012, with the court referred to in paragraph (1) that issued the injunction, the Register of Copyrights, and the Committees on the Judiciary of the House of Representatives and the Senate.CommentsClose CommentsPermalink





‘(iv) EVIDENCE OF INFRINGEMENT- The Comptroller General shall include in the report a statement of whether the examination by the Comptroller General indicated that there is substantial evidence that a copyright holder could bring a successful action under this section against the qualified carrier for infringement. The Comptroller General shall consult with the Register of Copyrights in preparing such statement.CommentsClose CommentsPermalink





‘(v) SUBSEQUENT EXAMINATION- If the report includes the Comptroller General’s statement that there is substantial evidence that a copyright holder could bring a successful action under this section against the qualified carrier for infringement, the Comptroller General shall, not later than 6 months after the report under clause (i) is published, initiate another examination of the qualified carrier’s compliance with the royalty payment and household eligibility requirements of the license under this section since the last report was filed under clause (iii). The Comptroller General shall file a report on such examination with the court referred to in paragraph (1) that issued the injunction, the Register of Copyrights, and the Committees on the Judiciary of the House of Representatives and the Senate. The report shall include a statement described in clause (iv), prepared in consultation with the Register of Copyrights.CommentsClose CommentsPermalink





‘(C) AFFIRMATION- A qualified carrier shall file an affidavit with the district court and the Register of Copyrights 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.CommentsClose CommentsPermalink





‘(D) COMPLIANCE DETERMINATION- Upon the motion of an aggrieved television broadcast station, the court recognizing an entity as a qualified carrier may make a determination of whether the entity is providing local-into-local service to all DMAs.CommentsClose CommentsPermalink





‘(E) PLEADING REQUIREMENT- In any motion brought under subparagraph (D), the party making such motion shall specify one or more designated market areas (as such term is defined in section 122(j)(2)(C)) for which the failure to provide service is being alleged, and, for each such designated market area, shall plead with particularity the circumstances of the alleged failure.CommentsClose CommentsPermalink





‘(F) BURDEN OF PROOF- In any proceeding to make a determination under subparagraph (D), and with respect to a designated market area for which failure to provide service is alleged, the entity recognized as a qualified carrier shall have the burden of proving that the entity provided local-into-local service with 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) at the time and place alleged.CommentsClose CommentsPermalink





‘(G) ENFORCEMENT- Upon motion filed by an interested party, the court recognizing an entity as a qualified carrier shall terminate such designation upon finding that the entity has failed to meet the requirements imposed on the entity under this paragraph.CommentsClose CommentsPermalink





‘(5) FAILURE TO PROVIDE SERVICE-CommentsClose CommentsPermalink





‘(A) PENALTIES- If the court recognizing an entity as a qualified carrier finds that such entity has willfully failed to provide local-into-local service to all DMAs, such finding shall result in the loss of recognition of the entity as a qualified carrier and the termination of the waiver provided under paragraph (1), and the court may, in its discretion--CommentsClose CommentsPermalink





‘(i) treat such failure as an act of infringement under section 501, and subject such infringement to the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; andCommentsClose CommentsPermalink





‘(ii) impose a fine of not more than $250,000.CommentsClose CommentsPermalink





‘(B) EXCEPTION FOR NONWILLFUL VIOLATION- If the court determines that the failure to provide local-into-local service to all DMAs is nonwillful, the court may in its discretion impose financial penalties for noncompliance that reflect--CommentsClose CommentsPermalink





‘(i) the degree of control the entity had over the circumstances that resulted in the failure;CommentsClose CommentsPermalink





‘(ii) the quality of the entity’s efforts to remedy the failure and restore service; andCommentsClose CommentsPermalink





‘(iii) the severity and duration of the service interruption.CommentsClose CommentsPermalink





‘(6) PENALTIES FOR VIOLATIONS OF LICENSE- A court that finds, under subsection (a)(6)(A), that an entity recognized as a qualified carrier has willfully made a secondary transmission of a primary transmission made by a network station and embodying a performance or display of a work to a subscriber who is not eligible to receive the transmission under this section shall reinstate the injunction waived under paragraph (1), and the court may order statutory damages of not more than $2,500,000.CommentsClose CommentsPermalink





‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS DEFINED- For purposes of this subsection:CommentsClose CommentsPermalink





‘(A) IN GENERAL- An entity provides ‘local-into-local service to all DMAs’ if the entity provides local service in all designated market areas (as such term is defined in section 122(j)(2)(C)) pursuant to the license under section 122.CommentsClose CommentsPermalink





‘(B) HOUSEHOLD COVERAGE- For purposes of subparagraph (A), an entity that makes available local-into-local service with a good quality satellite signal to at least 90 percent of the households in a designated market area based on the most recent census data released by the United States Census Bureau shall be considered to be providing local service to such designated market area.CommentsClose CommentsPermalink





‘(C) GOOD QUALITY SATELLITE SIGNAL DEFINED- The term ‘good quality signal’ has the meaning given such term under section 342(e)(2) of Communications Act of 1934.’.CommentsClose CommentsPermalink

SEC. 106. TERMINATION OF LICENSE.

(a) Termination- Section 119, as amended by this title, shall cease to be effective on December 31, 2014.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-369) is repealed.CommentsClose CommentsPermalink

SEC. 107. SURCHARGE ON STATUTORY LICENSES.

(a) Surcharges- The Copyright Royalty Judges shall establish a surcharge or surcharges to be paid, in accordance with subsection (b), by cable systems subject to statutory licensing under section 111(c) of title 17, United States Code, and satellite carriers whose secondary transmissions are subject to statutory licensing under section 119(a) of such title, in addition to the royalty fees paid by such cable systems under section 111(d)(1) of such title and by such satellite carriers under section 119(b)(1) of such title.CommentsClose CommentsPermalink





(b) Amount and Timing of Surcharges- Surcharges under subsection (a) shall be assessed, during fiscal years 2009 through 2019, in amounts that, in the aggregate, will equal at least $92,000,000.CommentsClose CommentsPermalink





(c) Funds Unavailable for Obligation- Surcharges collected under this section shall be deposited in the Treasury of the United States and shall not be available for obligation.CommentsClose CommentsPermalink





(d) Authorities- The Copyright Royalty Judges may exercise the authorities such Judges have under chapter 8 of title 17, United States Code, to carry out this section.CommentsClose CommentsPermalink

SEC. 108. CONSTRUCTION.

Nothing in section 111, 119, or 122 of title 17, United States Code, including the amendments made to such sections by this title, shall be construed to affect the meaning of any terms under the Communications Act of 1934, except to the extent that such sections are specifically cross-referenced in such Act or the regulations issued thereunder.CommentsClose CommentsPermalink

TITLE II--COMMUNICATIONS PROVISIONSCommentsClose CommentsPermalink

SEC. 201. REFERENCE.

Except as otherwise provided, whenever in this title an amendment is made to a section or other provision, the reference shall be considered to be made to such section or provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.).CommentsClose CommentsPermalink

SEC. 202. EXTENSION OF AUTHORITY.

Section 325(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(C), by striking ‘December 31, 2009’ and inserting ‘December 31, 2014’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(C), by striking ‘January 1, 2010’ each place it appears in clauses (ii) and (iii) and inserting ‘January 1, 2015’.CommentsClose CommentsPermalink

SEC. 203. SIGNIFICANTLY VIEWED STATIONS.

(a) In General- Paragraphs (1) and (2) of section 340(b) are amended to read as follows:CommentsClose CommentsPermalink





‘(1) SERVICE LIMITED TO SUBSCRIBERS TAKING LOCAL-INTO-LOCAL SERVICE- This section shall apply only to retransmissions to subscribers of a satellite carrier who receive retransmissions of a signal from that satellite carrier pursuant to section 338.CommentsClose CommentsPermalink





‘(2) SERVICE LIMITATIONS- A satellite carrier may retransmit to a subscriber in high definition format the signal of a station determined by the Commission to be significantly viewed under subsection (a) only if such carrier also retransmits in high definition format the signal of a station located in the local market of such subscriber and affiliated with the same network whenever such format is available from such station.’.CommentsClose CommentsPermalink





(b) Rulemaking Required- Within 180 days after the date of the enactment of this Act, the Federal Communications Commission shall take all actions necessary to promulgate a rule to implement the amendments made by subsection (a).CommentsClose CommentsPermalink

SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.

(a) Section 338- Section 338 is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘(3) EFFECTIVE DATE- No satellite’ and all that follows through ‘until January 1, 2002.’; andCommentsClose CommentsPermalink





(2) by amending subsection (g) to read as follows:CommentsClose CommentsPermalink





‘(g) Carriage of Local Stations on a Single Reception Antenna-CommentsClose CommentsPermalink





‘(1) SINGLE RECEPTION ANTENNA- Each satellite carrier that retransmits the signals of local television broadcast stations in a local market shall retransmit such stations in such market so that a subscriber may receive such stations by means of a single reception antenna and associated equipment.CommentsClose CommentsPermalink





‘(2) ADDITIONAL RECEPTION ANTENNA- If the carrier retransmits the signals of local television broadcast stations in a local market in high definition format, the carrier shall retransmit such signals in such market so that a subscriber may receive such signals by means of a single reception antenna and associated equipment, but such antenna and associated equipment may be separate from the single reception antenna and associated equipment used to comply with paragraph (1).’.CommentsClose CommentsPermalink





(b) Section 339- Section 339 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)(B), by striking ‘Such two network stations’ and all that follows through ‘more than two network stations.’; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in the heading for subparagraph (A), by striking ‘TO ANALOG SIGNALS’;CommentsClose CommentsPermalink





(ii) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the heading for clause (i), by striking ‘ANALOG’;CommentsClose CommentsPermalink





(II) in clause (i)--CommentsClose CommentsPermalink

(aa) by striking ‘analog’ each place it appears; andCommentsClose CommentsPermalink

(bb) by striking ‘October 1, 2004’ and inserting ‘October 1, 2009’;CommentsClose CommentsPermalink

(III) in the heading for clause (ii), by striking ‘ANALOG’; andCommentsClose CommentsPermalink





(IV) in clause (ii)--CommentsClose CommentsPermalink

(aa) by striking ‘analog’ each place it appears; andCommentsClose CommentsPermalink

(bb) by striking ‘2004’ and inserting ‘2009’;CommentsClose CommentsPermalink

(iii) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink





‘(B) RULES FOR OTHER SUBSCRIBERS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of a subscriber of a satellite carrier who is eligible to receive the signal of a network station under this section (in this subparagraph referred to as a ‘distant signal’), other than subscribers to whom subparagraph (A) applies, the following shall apply:CommentsClose CommentsPermalink





‘(I) In a case in which the satellite carrier makes available to that subscriber, on January 1, 2005, the signal of a local network station affiliated with the same television network pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if the subscriber’s satellite carrier, not later than March 1, 2005, submits to that television network the list and statement required by subparagraph (F)(i).CommentsClose CommentsPermalink





‘(II) In a case in which the satellite carrier does not make available to that subscriber, on January 1, 2005, the signal of a local network station pursuant to section 338, the carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the same network to that subscriber if--CommentsClose CommentsPermalink

‘(aa) that subscriber seeks to subscribe to such distant signal before the date on which such carrier commences to carry pursuant to section 338 the signals of stations from the local market of such local network station; andCommentsClose CommentsPermalink

‘(bb) the satellite carrier, within 60 days after such date, submits to each television network the list and statement required by subparagraph (F)(ii).CommentsClose CommentsPermalink

‘(ii) SPECIAL CIRCUMSTANCES- A subscriber of a satellite carrier who was lawfully receiving the distant signal of a network station on the day before the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009 may receive both such distant signal and the local signal of a network station affiliated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier.’;CommentsClose CommentsPermalink





(iv) in subparagraph (C)--CommentsClose CommentsPermalink





(I) by striking ‘analog’;CommentsClose CommentsPermalink





(II) in clause (i), by striking ‘the Satellite Home Viewer Extension and Reauthorization Act of 2004’ and inserting ‘the Satellite Home Viewer Reauthorization Act of 2009’; andCommentsClose CommentsPermalink





(III) by amending clause (ii) to read as follows:CommentsClose CommentsPermalink





‘(ii) either--CommentsClose CommentsPermalink





‘(I) at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes available to that person the signal of a local network station affiliated with the same television network pursuant to section 338, and the retransmission of such signal by such carrier can reach such subscriber; orCommentsClose CommentsPermalink





‘(II) receives from the satellite carrier the programming of a network station affiliated with the same network that is broadcast by a local station in the market where the subscriber resides, but such programming is not contained within the local station’s primary video.’;CommentsClose CommentsPermalink





(v) in subparagraph (D)--CommentsClose CommentsPermalink





(I) in the heading, by striking ‘DIGITAL’;CommentsClose CommentsPermalink





(II) by striking clauses (i), (iii) through (v), (vii) through (ix), and (xi);CommentsClose CommentsPermalink





(III) by redesignating clause (vi) as clause (i) and transferring such clause to appear before clause (ii);CommentsClose CommentsPermalink





(IV) by amending such clause (i) (as so redesignated) to read as follows:CommentsClose CommentsPermalink





‘(i) SIGNAL TESTING- A subscriber shall be eligible to receive a distant signal of a distant network station affiliated with the same network under this section if such subscriber is determined, based on a test conducted in accordance with section 73.686(d) of title 47, Code of Federal Regulations, or any successor regulation, not to be able to receive a signal that exceeds the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations.’;CommentsClose CommentsPermalink





(V) in clause (ii)--CommentsClose CommentsPermalink

(aa) by striking ‘DIGITAL’ in the heading;CommentsClose CommentsPermalink

(bb) by striking ‘digital’ the first two places such term appears;CommentsClose CommentsPermalink

(cc) by striking ‘Satellite Home Viewer Extension and Reauthorization Act of 2004’ and inserting ‘Satellite Home Viewer Reauthorization Act of 2009’; andCommentsClose CommentsPermalink

(dd) by striking ‘, whether or not such subscriber elects to subscribe to local digital signals’;CommentsClose CommentsPermalink

(VI) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink





‘(iii) TIME-SHIFTING PROHIBITED- In a case in which the satellite carrier makes available to an eligible subscriber under this subparagraph the signal of a local network station pursuant to section 338, the carrier may only provide the distant signal of a station affiliated with the same network to that subscriber if, in the case of any local market in the 48 contiguous States of the United States, the distant signal is the secondary transmission of a station whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time network programming of the affiliate of the same network in the local market.’; andCommentsClose CommentsPermalink





(VII) by redesignating clause (x) as clause (iv); andCommentsClose CommentsPermalink





(vi) in subparagraph (E), by striking ‘distant analog signal or’ and all that follows through ‘(B), or (D))’ and inserting ‘distant signal’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink





‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED-CommentsClose CommentsPermalink





‘(A) PREDICTIVE MODEL- Within 180 days after the date of the enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall take all actions necessary to develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations, through the use of a conventional, stationary, outdoor rooftop receiving antenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, including to account for the continuing operation of translator stations and low power television stations. In prescribing such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Commission in CS Docket No. 98-201, as previously revised with respect to analog signals, and as recommended by the Commission with respect to digital signals in its Report to Congress in ET Docket No. 05-182, FCC 05-199 (released December 9, 2005). The Commission shall establish procedures for the continued refinement in the application of the model by the use of additional data as it becomes available.CommentsClose CommentsPermalink





‘(B) ON-LOCATION TESTING- The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06-94 within 180 days after the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009.CommentsClose CommentsPermalink





‘(C) STUDY OF TYPES OF ANTENNAS AVAILABLE TO RECEIVE DIGITAL SIGNALS-CommentsClose CommentsPermalink





‘(i) STUDY REQUIRED- Not later than 1 year after the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall complete a study regarding whether, for purposes of identifying if a household is unserved by an adequate digital signal under section 119(d)(10) of title 17, United States Code, the digital signal strength standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or the testing procedures in section 73.686 of title 47, Code of Federal Regulations, such statutes or regulations should be revised to take into account the types of antennas that are available to and used by consumers.CommentsClose CommentsPermalink





‘(ii) STUDY CONSIDERATION- In conducting the study under clause (i), the Commission shall consider whether to account for the fact that an antenna can be mounted on a roof or placed in a home and can be fixed or capable of rotating.CommentsClose CommentsPermalink





‘(iii) REPORT- Not later than 1 year after the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing--CommentsClose CommentsPermalink





‘(I) the results of the study conducted under clause (i); andCommentsClose CommentsPermalink





‘(II) recommendations, if any, regarding changes to be made to Federal statutes or regulations.’;CommentsClose CommentsPermalink





(B) by amending paragraph (4)(A) to read as follows:CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a subscriber’s request for a waiver under paragraph (2) is rejected and the subscriber submits to the subscriber’s satellite carrier a request for a test verifying the subscriber’s inability to receive a signal of the signal intensity referenced in clause (i) of subsection (a)(2)(D), the satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct the test referenced in such clause. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in accordance with such clause demonstrate that the subscriber does not receive a signal that meets or exceeds the requisite signal intensity standard in such clause, the subscriber shall not be denied the retransmission of a signal of a network station under section 119(d)(10)(A) of title 17, United States Code.’;CommentsClose CommentsPermalink





(C) in paragraph (4)(B), by striking ‘the signal intensity’ and all that follows through ‘United States Code’ and inserting ‘such requisite signal intensity standard’; andCommentsClose CommentsPermalink





(D) in paragraph (4)(E), by striking ‘Grade B intensity’.CommentsClose CommentsPermalink





(c) Section 340- Section 340(i) is amended by striking paragraph (4).CommentsClose CommentsPermalink

SEC. 205. APPLICATION PENDING COMPLETION OF RULEMAKINGS.

(a) In General- During the period beginning on the date of the enactment of this Act and ending on the date on which the Federal Communications Commission adopts rules pursuant to the amendments to the Communications Act of 1934 made by sections 203 and 204 of this Act, the Federal Communications Commission shall follow its rules and regulations promulgated pursuant to sections 338, 339, and 340 of the Communications Act of 1934 as in effect on the day before the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Translator Stations and Low Power Television Stations- Notwithstanding subsection (a), for purposes of determining whether a subscriber within the local market served by a translator station or a low power television station affiliated with a television network is eligible to receive distant signals under section 339 of the Communications Act of 1934, the Federal Communications Commission shall follow its rules and regulations for determining such subscriber’s eligibility as in effect on the day before the date of enactment of this Act until the date on which the translator station or low power television station is licensed to broadcast a digital signal.CommentsClose CommentsPermalink





(c) Definitions- As used in this title:CommentsClose CommentsPermalink





(1) LOCAL MARKET; LOW POWER TELEVISION STATION; SATELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION- The terms ‘local market’, ‘low power television station’, ‘satellite carrier’, ‘subscriber’, and ‘television broadcast station’ have the meanings given such terms in section 338(k) of the Communications Act of 1934.CommentsClose CommentsPermalink





(2) NETWORK STATION; TELEVISION NETWORK- The terms ‘network station’ and ‘television network’ have the meanings given such terms in section 339(d) of such Act.CommentsClose CommentsPermalink

SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.

Part I of title III is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.

‘(a) Certification- The Commission shall issue a certification for the purposes of section 119(g)(3)(A)(iii) of title 17, United States Code, if the Commission determines that--CommentsClose CommentsPermalink





‘(1) a satellite carrier is providing local service pursuant to the statutory license under section 122 of such title in each designated market area; andCommentsClose CommentsPermalink





‘(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 Home Viewer Reauthorization Act of 2009--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(b) Information Required- Any entity seeking the certification provided for in subsection (a) shall submit to the Commission the following information:CommentsClose CommentsPermalink





‘(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, United States Code, and listing those designated market areas in which local service was provided as of the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009.CommentsClose CommentsPermalink





‘(2) For each designated market area not listed in paragraph (1):CommentsClose CommentsPermalink





‘(A) Identification of each such designated market area and the location of its local receive facility.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Certification Issuance-CommentsClose CommentsPermalink





‘(1) PUBLIC COMMENT- The Commission shall provide 30 days for public comment on a request for certification under this section.CommentsClose CommentsPermalink





‘(2) DEADLINE FOR DECISION- The Commission shall grant or deny a request for certification within 90 days after the date on which such request is filed.CommentsClose CommentsPermalink





‘(d) Subsequent Affirmation- An entity granted qualified carrier status pursuant to section 119(g) of title 17, United States Code, 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.CommentsClose CommentsPermalink





‘(e) Definitions- For the purposes of this section:CommentsClose CommentsPermalink





‘(1) DESIGNATED MARKET AREA- The term ‘designated market area’ has the meaning given such term in section 122(j)(2)(C) of title 17, United States Code.CommentsClose CommentsPermalink





‘(2) GOOD QUALITY SATELLITE SIGNAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘good quality satellite signal’ means--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) models of satellite antennas normally used by the satellite carrier’s subscribers; andCommentsClose CommentsPermalink





‘(II) the same calculation methodology used by the satellite carrier to determine predicted signal availability in the top 100 designated market areas; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) the satellite carrier treats all television broadcast stations’ signals the same with respect to statistical multiplexer prioritization; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) DETERMINATION- 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.’.CommentsClose CommentsPermalink

SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.

(a) In General- Section 338(a) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS-CommentsClose CommentsPermalink





‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS- If, prior to the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, an eligible satellite carrier is providing, under section 122 of title 17, United States Code, any secondary transmissions in high definition to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the high-definition signals of qualified noncommercial educational television stations located within that local market in accordance with the following schedule:CommentsClose CommentsPermalink





‘(i) By December 31, 2010, in at least 50 percent of the markets in which such satellite carrier provides such secondary transmissions in high definition.CommentsClose CommentsPermalink





‘(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition.CommentsClose CommentsPermalink





‘(B) NEW INITIATION OF SERVICE- If, after the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009, an eligible satellite carrier initiates the provision, under section 122 of title 17, United States Code, of any secondary transmissions in high definition to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, the such satellite carrier shall carry the high-definition signals of all qualified noncommercial educational television stations located within that local market.’.CommentsClose CommentsPermalink





(b) Definitions- Section 338(k) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively;CommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





‘(2) ELIGIBLE SATELLITE CARRIER- The term ‘eligible satellite carrier’ means any satellite carrier that is not a party to a carriage contract with a qualified noncommercial educational television station, or its representative, that is in force and effect as of the date of enactment of the Satellite Home Viewer Reauthorization Act of 2009.’;CommentsClose CommentsPermalink





(3) by redesignating paragraphs (6) through (9) (as previously redesignated) as paragraphs (7) through (10), respectively; andCommentsClose CommentsPermalink





(4) by inserting after paragraph (5) (as so redesignated) the following new paragraph:CommentsClose CommentsPermalink





‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION- The term ‘qualified noncommercial educational television station’ has the meaning given such term in section 615(l)(1) of this Act.’.CommentsClose CommentsPermalink

SEC. 208. SAVINGS CLAUSE REGARDING USE OF NON-COMPULSORY LICENSES.

(a) In General- Nothing in this title, the Communications Act of 1934, or regulations promulgated by the Federal Communications Commission under this title or the Communications Act of 1934 shall be construed to prevent a multichannel video programming distributor from retransmitting a performance or display of a work pursuant to an authorization granted by the copyright owner or, if within the scope of its authorization, its licensee.CommentsClose CommentsPermalink





(b) Limitation- Nothing in subsection (a) shall be construed to affect any obligation of a multichannel video programming distributor under section 325(b) of the Communications Act of 1934 to obtain the authority of a television broadcast station before retransmitting that station’s signal.CommentsClose CommentsPermalink

SEC. 209. SAVINGS CLAUSE REGARDING DEFINITIONS.

Nothing in this title or the amendments made by this title shall be construed to affect--CommentsClose CommentsPermalink





(1) the meaning of the terms ‘program related’ and ‘primary video’ under the Communications Act of 1934; orCommentsClose CommentsPermalink





(2) the meaning of the term ‘multicast’ in any regulations issued by the Federal Communications Commission.CommentsClose CommentsPermalink

TITLE III--REPORTSCommentsClose CommentsPermalink

SEC. 301. DEFINITION.

In this title, the term ‘appropriate Congressional committees’ means the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate and the Committees on the Judiciary and on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink

SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY LICENSING.

Not later than 1 year after the date of the enactment of this Act, and after consultation with the Federal Communications Commission, the Register of Copyrights shall submit to the appropriate Congressional committees a report containing--CommentsClose CommentsPermalink





(1) proposed mechanisms, methods, and recommendations on how to implement a phase-out of the statutory licensing requirements set forth in sections 111, 119, and 122 of title 17, United States Code, by making such sections inapplicable to the secondary transmission of a performance or display of a work embodied in a primary transmission of a broadcast station that is authorized to license the same secondary transmission directly with respect to all of the performances and displays embodied in such primary transmission;CommentsClose CommentsPermalink





(2) any recommendations for alternative means to implement a timely and effective phase-out of the statutory licensing requirements set forth in sections 111, 119, and 122 of title 17, United States Code; andCommentsClose CommentsPermalink





(3) any recommendations for legislative or administrative actions as may be appropriate to achieve such a phase-out.CommentsClose CommentsPermalink

SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING MODIFICATIONS.

(a) Study- The Comptroller General shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Federal Communications Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General deems appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall report to the appropriate Congressional committees the results of the study, including any recommendations for legislative or administrative actions.CommentsClose CommentsPermalink

SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING.

Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall submit to the appropriate Congressional committees a report containing an analysis of--CommentsClose CommentsPermalink





(1) the number of households in a State that receive local broadcast stations from a station of license that is located in a different State;CommentsClose CommentsPermalink





(2) the extent to which consumers have access to in-state broadcast programming; andCommentsClose CommentsPermalink





(3) whether there are alternatives to the use of designated market areas, as defined in section 122 of title 17, United States Code, to define local markets that would provide more consumers with in-state broadcast programming.CommentsClose CommentsPermalink

TITLE IV--SEVERABILITYCommentsClose CommentsPermalink

SEC. 401. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.CommentsClose CommentsPermalink

Passed the House of Representatives December 3, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 3570

AN ACT

To extend the statutory license for secondary transmissions under title 17, United States Code, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink