PUBLIC LAW 111–175—MAY 27, 2010
SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010
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124 STAT. 1218 PUBLIC LAW 111–175—MAY 27, 2010
Public Law 111–175 111th Congress
An Act To extend the statutory license for secondary transmissions under title 17, United
States Code, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Satellite Television Extension and Localism Act of 2010’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—STATUTORY LICENSES Sec. 101. Reference. Sec. 102. Modifications to statutory license for satellite carriers. Sec. 103. Modifications to statutory license for satellite carriers in local markets. Sec. 104. Modifications to cable system secondary transmission rights under section
111. Sec. 105. Certain waivers granted to providers of local-into-local service for all
DMAs. Sec. 106. Copyright Office fees. Sec. 107. Termination of license. Sec. 108. Construction.
TITLE II—COMMUNICATIONS PROVISIONS Sec. 201. Reference. Sec. 202. Extension of authority. Sec. 203. Significantly viewed stations. Sec. 204. Digital television transition conforming amendments. Sec. 205. Application pending completion of rulemakings. Sec. 206. Process for issuing qualified carrier certification. Sec. 207. Nondiscrimination in carriage of high definition digital signals of non-
commercial educational television stations. Sec. 208. Savings clause regarding definitions. Sec. 209. State public affairs broadcasts.
TITLE III—REPORTS AND SAVINGS PROVISION Sec. 301. Definition. Sec. 302. Report on market based alternatives to statutory licensing. Sec. 303. Report on communications implications of statutory licensing modifica-
tions. Sec. 304. Report on in-state broadcast programming. Sec. 305. Local network channel broadcast reports. Sec. 306. Savings provision regarding use of negotiated licenses. Sec. 307. Effective date; Noninfringement of copyright.
TITLE IV—SEVERABILITY Sec. 401. Severability.
TITLE V—DETERMINATION OF BUDGETARY EFFECTS Sec. 501. Determination of Budgetary Effects.
17 USC 101 note.
Satellite Television Extension and Localism Act of 2010.
May 27, 2010 [S. 3333]
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124 STAT. 1219PUBLIC LAW 111–175—MAY 27, 2010
TITLE I—STATUTORY LICENSES SEC. 101. REFERENCE.
Except as otherwise provided, whenever in this title an amend- ment 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. SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE
CARRIERS.
(a) HEADING RENAMED.— (1) IN GENERAL.—The heading of section 119 is amended
by striking ‘‘superstations and network stations for pri- vate home viewing’’ and inserting ‘‘distant television programming by satellite’’.
(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:
‘‘119. Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite.’’.
(b) UNSERVED HOUSEHOLD DEFINED.— (1) IN GENERAL.—Section 119(d)(10) is amended—
(A) by striking subparagraph (A) and inserting the following:
‘‘(A) cannot receive, through the use of an antenna, an over-the-air signal containing the primary stream, or, on or after the qualifying date, the multicast stream, origi- nating in that household’s local market and affiliated with that network of—
‘‘(i) if the signal originates as an analog signal, Grade B intensity as defined by the Federal Commu- nications Commission in section 73.683(a) of title 47, Code of Federal Regulations, as in effect on January 1, 1999; or
‘‘(ii) if the signal originates as a digital signal, intensity defined in the values for the 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 Regula- tions), as such regulations may be amended from time to time;’’; (B) in subparagraph (B)—
(i) by striking ‘‘subsection (a)(14)’’ and inserting ‘‘subsection (a)(13),’’; and
(ii) by striking ‘‘Satellite Home Viewer Extension and Reauthorization Act of 2004’’ and inserting ‘‘Sat- ellite Television Extension and Localism Act of 2010’’; and (C) in subparagraph (D), by striking ‘‘(a)(12)’’ and
inserting ‘‘(a)(11)’’. (2) QUALIFYING DATE DEFINED.—Section 119(d) is amended
by adding at the end the following: ‘‘(14) QUALIFYING DATE.—The term ‘qualifying date’, for
purposes of paragraph (10)(A), means— ‘‘(A) October 1, 2010, for multicast streams that exist
on March 31, 2010; and
17 USC 119.
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124 STAT. 1220 PUBLIC LAW 111–175—MAY 27, 2010
‘‘(B) January 1, 2011, for all other multicast streams.’’. (c) FILING FEE.—Section 119(b)(1) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ after the semi- colon at the end;
(2) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and
(3) by adding at the end the following: ‘‘(C) a filing fee, as determined by the Register of
Copyrights pursuant to section 708(a).’’. (d) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCE-
DURES.—Section 119(b) is amended— (1) by amending the subsection heading to read as follows:
‘‘(b) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCE- DURES.—’’;
(2) in paragraph (1), by striking subparagraph (B) and inserting the following:
‘‘(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 stream 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; and’’; (3) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively; (4) by inserting after paragraph (1) the following: ‘‘(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 sub- section.’’;
(5) in paragraph (3), as redesignated, in the first sentence— (A) by inserting ‘‘(including the filing fee specified in
paragraph (1)(C))’’ after ‘‘shall receive all fees’’; and (B) by striking ‘‘paragraph (4)’’ and inserting ‘‘para-
graph (5)’’; (6) in paragraph (4), as redesignated—
(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘para- graph (3)’’; and
(B) by striking ‘‘paragraph (4)’’ each place it appears and inserting ‘‘paragraph (5)’’; and (7) in paragraph (5), as redesignated, by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (3)’’. (e) ADJUSTMENT OF ROYALTY FEES.—Section 119(c) is amended
as follows: (1) Paragraph (1) is amended—
(A) in the heading for such paragraph, by striking ‘‘ANALOG’’;
(B) in subparagraph (A)— (i) by striking ‘‘primary analog transmissions’’ and
inserting ‘‘primary transmissions’’; and (ii) by striking ‘‘July 1, 2004’’ and inserting ‘‘July
1, 2009’’; (C) in subparagraph (B)—
(i) by striking ‘‘January 2, 2005, the Librarian of Congress’’ and inserting ‘‘June 1, 2010, the Copyright Royalty Judges’’; and
Regulations.
17 USC 119.
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124 STAT. 1221PUBLIC LAW 111–175—MAY 27, 2010
(ii) by striking ‘‘primary analog transmission’’ and inserting ‘‘primary transmissions’’; (D) in subparagraph (C), by striking ‘‘Librarian of Con-
gress’’ and inserting ‘‘Copyright Royalty Judges’’; (E) in subparagraph (D)—
(i) in clause (i)— (I) by striking ‘‘(i) Voluntary agreements’’ and
inserting the following: ‘‘(i) VOLUNTARY AGREEMENTS; FILING.—Voluntary
agreements’’; and (II) by striking ‘‘that a parties’’ and inserting
‘‘that are parties’’; and (ii) in clause (ii)—
(I) by striking ‘‘(ii)(I) Within’’ and inserting the following: ‘‘(ii) PROCEDURE FOR ADOPTION OF FEES.—
‘‘(I) PUBLICATION OF NOTICE.—Within’’; (II) in subclause (I), by striking ‘‘an arbitration
proceeding pursuant to subparagraph (E)’’ and inserting ‘‘a proceeding under subparagraph (F)’’;
(III) in subclause (II), by striking ‘‘(II) Upon receiving a request under subclause (I), the Librarian of Congress’’ and inserting the following:
‘‘(II) PUBLIC NOTICE OF FEES.—Upon receiving a request under subclause (I), the Copyright Roy- alty Judges’’; and
(IV) in subclause (III)— (aa) by striking ‘‘(III) The Librarian’’ and
inserting the following: ‘‘(III) ADOPTION OF FEES.—The Copyright Roy-
alty Judges’’; (bb) by striking ‘‘an arbitration pro-
ceeding’’ and inserting ‘‘the proceeding under subparagraph (F)’’; and
(cc) by striking ‘‘the arbitration pro- ceeding’’ and inserting ‘‘that proceeding’’;
(F) in subparagraph (E)— (i) by striking ‘‘Copyright Office’’ and inserting
‘‘Copyright Royalty Judges’’; and (ii) by striking ‘‘May 31, 2010’’ and inserting
‘‘December 31, 2014’’; and (G) in subparagraph (F)—
(i) in the heading, by striking ‘‘COMPULSORY ARBITRATION’’ and inserting ‘‘COPYRIGHT ROYALTY JUDGES PROCEEDING’’;
(ii) in clause (i)— (I) in the heading, by striking ‘‘PROCEEDINGS’’
and inserting ‘‘THE PROCEEDING’’; (II) in the matter preceding subclause (I)—
(aa) by striking ‘‘May 1, 2005, the Librarian of Congress’’ and inserting ‘‘Sep- tember 1, 2010, the Copyright Royalty Judges’’;
(bb) by striking ‘‘arbitration proceedings’’ and inserting ‘‘a proceeding’’;
(cc) by striking ‘‘fee to be paid’’ and inserting ‘‘fees to be paid’’;
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124 STAT. 1222 PUBLIC LAW 111–175—MAY 27, 2010
(dd) by striking ‘‘primary analog trans- mission’’ and inserting ‘‘the primary trans- missions’’; and
(ee) by striking ‘‘distributors’’ and inserting ‘‘distributors—’’; (III) in subclause (II)—
(aa) by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and
(bb) by striking ‘‘arbitration’’; and (IV) by amending the last sentence to read
as follows: ‘‘Such proceeding shall be conducted under chapter 8.’’; (iii) in clause (ii), by amending the matter pre-
ceding subclause (I) to read as follows: ‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In deter-
mining royalty fees under this subparagraph, the Copy- right Royalty Judges shall establish fees for the sec- ondary 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 vol- untary agreement filed with the Copyright Royalty Judges in accordance with subparagraph (D). In deter- mining the fair market value, the Judges shall base their decision on economic, competitive, and program- ming information presented by the parties, including— ’’;
(iv) by amending clause (iii) to read as follows: ‘‘(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.’’; and
(v) in clause (iv)— (I) in the heading, by striking ‘‘FEE’’ and
inserting ‘‘FEES’’; and (II) by striking ‘‘fee referred to in (iii)’’ and
inserting ‘‘fees referred to in clause (iii)’’. (2) Paragraph (2) is amended to read as follows: ‘‘(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 occur- ring 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.’’. (f) DEFINITIONS.—
(1) SUBSCRIBER.—Section 119(d)(8) is amended to read as follows:
‘‘(8) SUBSCRIBER; SUBSCRIBE.—
17 USC 119.
Notification. Federal Register, publication. Deadline.
Effective date.
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124 STAT. 1223PUBLIC LAW 111–175—MAY 27, 2010
‘‘(A) SUBSCRIBER.—The term ‘subscriber’ means a per- son 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 dis- tributor.
‘‘(B) SUBSCRIBE.—The term ‘subscribe’ means to elect to become a subscriber.’’. (2) LOCAL MARKET.—Section 119(d)(11) is amended to read
as follows: ‘‘(11) LOCAL MARKET.—The term ‘local market’ has the
meaning given such term under section 122(j).’’. (3) LOW POWER TELEVISION STATION.—Section 119(d) is
amended by striking paragraph (12) and redesignating para- graphs (13) and (14) as paragraphs (12) and (13), respectively.
(4) MULTICAST STREAM.—Section 119(d), as amended by paragraph (3), is further amended by adding at the end the following new paragraph:
‘‘(14) 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.’’.
(5) PRIMARY STREAM.—Section 119(d), as amended by para- graph (4), is further amended by adding at the end the following new paragraph:
‘‘(15) PRIMARY STREAM.—The term ‘primary stream’ means—
‘‘(A) the single digital stream of programming as to which a television broadcast station has the right to manda- tory carriage with a satellite carrier under the rules of the Federal Communications Commission in effect on July 1, 2009; or
‘‘(B) if there is no stream described in subparagraph (A), then either—
‘‘(i) the single digital stream of programming asso- ciated with the network last transmitted by the station as an analog signal; or
‘‘(ii) if there is no stream described in clause (i), then the single digital stream of programming affili- ated with the network that, as of July 1, 2009, had been offered by the television broadcast station for the longest period of time.’’.
(6) CLERICAL AMENDMENT.—Section 119(d) is amended in paragraphs (1), (2), and (5) by striking ‘‘which’’ each place it appears and inserting ‘‘that’’. (g) SUPERSTATION REDESIGNATED AS NON-NETWORK STATION.—
Section 119 is amended— (1) by striking ‘‘superstation’’ each place it appears in a
heading and each place it appears in text and inserting ‘‘non- network station’’; and
(2) by striking ‘‘superstations’’ each place it appears in a heading and each place it appears in text and inserting ‘‘non-network stations’’. (h) REMOVAL OF CERTAIN PROVISIONS.—
(1) REMOVAL OF PROVISIONS.—Section 119(a) is amended— (A) in paragraph (2), by striking subparagraph (C)
and redesignating subparagraph (D) as subparagraph (C);
17 USC 119.
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124 STAT. 1224 PUBLIC LAW 111–175—MAY 27, 2010
(B) by striking paragraph (3) and redesignating para- graphs (4) through (14) as paragraphs (3) through (13), respectively; and
(C) by striking paragraph (15) and redesignating para- graph (16) as paragraph (14). (2) CONFORMING AMENDMENTS.—Section 119 is amended—
(A) in subsection (a)— (i) in paragraph (1), by striking ‘‘(5), (6), and (8)’’
and inserting ‘‘(4), (5), and (7)’’; (ii) in paragraph (2)—
(I) in subparagraph (A), by striking ‘‘subpara- graphs (B) and (C) of this paragraph and para- graphs (5), (6), (7), and (8)’’ and inserting ‘‘subpara- graph (B) of this paragraph and paragraphs (4), (5), (6), and (7)’’;
(II) in subparagraph (B)(i), by striking the second sentence; and
(III) in subparagraph (C) (as redesignated), by striking clauses (i) and (ii) and inserting the following: ‘‘(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 trans- mission to subscribers in unserved households.
‘‘(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, aggregated by designated market area, 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 sub- scribers under clause (i) since the last submission under this subparagraph.’’; and
(iii) in subparagraph (E) of paragraph (3) (as redesignated)—
(I) by striking ‘‘under paragraph (3) or’’; and (II) by striking ‘‘paragraph (12)’’ and inserting
‘‘paragraph (11)’’; and (B) in subsection (b)(1), by striking the final sentence.
(i) MODIFICATIONS TO PROVISIONS FOR SECONDARY TRANS- MISSIONS BY SATELLITE CARRIERS.—
(1) PREDICTIVE MODEL.—Section 119(a)(2)(B)(ii) is amended by adding at the end the following:
‘‘(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
Deadline.
Deadline.
17 USC 119.
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124 STAT. 1225PUBLIC LAW 111–175—MAY 27, 2010
set forth by the Federal Communications Commis- sion pursuant to a rulemaking as provided in sec- tion 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 No. 05–182, FCC 05–199 (released December 9, 2005).’’.
(2) MODIFICATIONS TO STATUTORY LICENSE WHERE RETRANS- MISSIONS INTO LOCAL MARKET AVAILABLE.—Section 119(a)(3) (as redesignated) is amended—
(A) by striking ‘‘analog’’ each place it appears in a heading and text;
(B) by striking subparagraphs (B), (C), and (D), and inserting the following:
‘‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF DATE OF ENACTMENT OF 2010 ACT.—In the case of a subscriber of a satellite carrier who, on the day before the date of the enactment of the Satellite Television Extension and Localism Act of 2010, 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 sub- scriber elects to terminate such secondary transmissions, whether or not the subscriber elects to subscribe to receive the secondary transmission of the primary transmission of a local network station affiliated with the same network pursuant to the statutory license under section 122.
‘‘(C) FUTURE APPLICABILITY.— ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME OF
SUBSCRIPTION.—The statutory license under paragraph (2) shall not apply to the secondary transmission by a satellite carrier of the primary transmission of a network station to a person who is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment of the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such sec- ondary transmission, resides in a local market where the satellite carrier makes available to that person the secondary transmission of the primary trans- mission of a local network station affiliated with the same network pursuant to the statutory license under section 122.
Applicability.
117 USC 119.
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124 STAT. 1226 PUBLIC LAW 111–175—MAY 27, 2010
‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE AFTER SUBSCRIPTION.—In the case of a subscriber who law- fully subscribes to and receives the secondary trans- mission by a satellite carrier of the primary trans- mission of a network station under the statutory license under paragraph (2) (in this clause referred to as the ‘distant signal’) on or after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the statutory license under para- graph (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 sub- scriber elects to terminate such secondary trans- missions, but only if such subscriber subscribes to the secondary transmission of the primary transmission of a local network station affiliated with the same network within 60 days after the satellite carrier makes available to the subscriber such secondary transmission of the primary transmission of such local network station.’’; (C) by redesignating subparagraphs (E), (F), and (G)
as subparagraphs (D), (E), and (F), respectively; (D) in subparagraph (E) (as redesignated), by striking
‘‘(C) or (D)’’ and inserting ‘‘(B) or (C)’’; and (E) in subparagraph (F) (as redesignated), by inserting
‘‘9-digit’’ before ‘‘zip code’’. (3) STATUTORY DAMAGES FOR TERRITORIAL RESTRICTIONS.—
Section 119(a)(6) (as redesignated) is amended— (A) in subparagraph (A)(ii), by striking ‘‘$5’’ and
inserting ‘‘$250’’; (B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘$250,000 for each 6-month period’’ and inserting ‘‘$2,500,000 for each 3-month period’’; and
(ii) in clause (ii), by striking ‘‘$250,000’’ and inserting ‘‘$2,500,000’’; and (C) by adding at the end the following flush sentences:
‘‘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.’’. (4) TECHNICAL AMENDMENT.—Section 119(a)(4) (as redesig-
nated) is amended by striking ‘‘and 509’’. (5) CLERICAL AMENDMENT.—Section 119(a)(2)(B)(iii)(II) is
amended by striking ‘‘In this clause’’ and inserting ‘‘In this clause,’’. (j) MORATORIUM EXTENSION.—Section 119(e) is amended by
striking ‘‘May 31, 2010’’ and inserting ‘‘December 31, 2014’’. (k) CLERICAL AMENDMENTS.—Section 119 is amended—
Regulations. Procedures.
Courts.
17 USC 119.
Deadline.
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124 STAT. 1227PUBLIC LAW 111–175—MAY 27, 2010
(1) by striking ‘‘of the Code of Federal Regulations’’ each place it appears and inserting ‘‘, Code of Federal Regulations’’; and
(2) in subsection (d)(6), by striking ‘‘or the Direct’’ and inserting ‘‘, or the Direct’’.
SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE CARRIERS IN LOCAL MARKETS.
(a) HEADING RENAMED.— (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 sat- ellite’’.
(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:
‘‘122. Limitations on exclusive rights: Secondary transmissions of local television programming by satellite.’’.
(b) STATUTORY LICENSE.—Section 122(a) is amended to read as follows:
‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MARKETS.— ‘‘(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—
‘‘(A) the secondary transmission is made by a satellite carrier to the public;
‘‘(B) with regard to secondary transmissions, the sat- ellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commis- sion governing the carriage of television broadcast station signals; and
‘‘(C) the satellite carrier makes a direct or indirect charge for the secondary transmission to—
‘‘(i) each subscriber receiving the secondary trans- mission; or
‘‘(ii) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary transmission to the public.
‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— ‘‘(A) IN GENERAL.—A secondary transmission of a
performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of primary trans- missions under paragraph (1) shall be subject to statutory licensing under this paragraph if the secondary trans- mission is 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 Communica- tions Commission to be significantly viewed in such commu- nity, pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, applicable to determining with respect to
Applicability.
17 USC 122.
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124 STAT. 1228 PUBLIC LAW 111–175—MAY 27, 2010
a cable system whether signals are significantly viewed in a community.
‘‘(B) WAIVER.—A subscriber who is denied the sec- ondary transmission of the primary transmission of a net- work station or a non-network station under subparagraph (A) 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-net- work 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. ‘‘(3) SECONDARY TRANSMISSION OF LOW POWER PROGRAM-
MING.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), a secondary transmission of a performance or display of a work embodied in a primary transmission of a tele- vision broadcast station to subscribers who receive sec- ondary transmissions of primary transmissions under para- graph (1) shall be subject to statutory licensing under this paragraph if the secondary transmission is of the primary transmission of a television broadcast 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 transmission.
‘‘(B) NO APPLICABILITY TO REPEATERS AND TRANS- LATORS.—Secondary transmissions provided for in subpara- graph (A) shall not apply to any low power television sta- tion that retransmits the programs and signals of another television station for more than 2 hours each day.
‘‘(C) 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. ‘‘(4) SPECIAL EXCEPTIONS.—A secondary transmission of a
performance or display of a work embodied in a primary trans- mission of a television broadcast station to subscribers who receive secondary transmissions of primary transmissions under paragraph (1) shall, if the secondary transmission is made by a satellite carrier that complies with the requirements of paragraph (1), be subject to statutory licensing under this paragraph as follows:
‘‘(A) STATES WITH SINGLE FULL-POWER NETWORK STA- TION.—In a State in which there is licensed by the Federal Communications Commission a single full-power station that was a network station on January 1, 1995, the statu- tory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier of the primary transmission of that station to any subscriber in a community that is located within that State and that is not within the first 50 television markets as listed in
Applicability.
Deadline.
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124 STAT. 1229PUBLIC LAW 111–175—MAY 27, 2010
the regulations of the Commission as in effect on such date (47 C.F.R. 76.51).
‘‘(B) STATES WITH ALL NETWORK STATIONS AND NON- NETWORK STATIONS IN SAME LOCAL MARKET.—In a State in which all network stations and non-network stations licensed by the Federal Communications Commission within that State as of January 1, 1995, are assigned to the same local market and that local market does not encompass all counties of that State, the statutory license provided under this paragraph shall apply to the secondary transmission by a satellite carrier of the primary trans- missions of such station to all subscribers in the State who reside in a local market that is within the first 50 major television markets as listed in the regulations of the Commission as in effect on such date (section 76.51 of title 47, Code of Federal Regulations).
‘‘(C) ADDITIONAL STATIONS.—In the case of that State in which are located 4 counties that—
‘‘(i) on January 1, 2004, were in local markets principally comprised of counties in another State, and
‘‘(ii) had a combined total of 41,340 television households, according to the U.S. Television Household Estimates by Nielsen Media Research for 2004,
the statutory license provided under this paragraph shall apply to secondary transmissions by a satellite carrier to subscribers in any such county of the primary trans- missions of any network station located in that State, if the satellite carrier was making such secondary trans- missions to any subscribers in that county on January 1, 2004.
‘‘(D) CERTAIN ADDITIONAL STATIONS.—If 2 adjacent counties in a single State are in a local market comprised principally of counties located in another State, the statu- tory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier to sub- scribers in those 2 counties of the primary transmissions of any network station located in the capital of the State in which such 2 counties are located, if—
‘‘(i) the 2 counties are located in a local market that is in the top 100 markets for the year 2003 according to Nielsen Media Research; and
‘‘(ii) the total number of television households in the 2 counties combined did not exceed 10,000 for the year 2003 according to Nielsen Media Research. ‘‘(E) NETWORKS OF NONCOMMERCIAL EDUCATIONAL
BROADCAST STATIONS.—In the case of a system of three or more noncommercial educational broadcast stations licensed to a single State, public agency, or political, edu- cational, or special purpose subdivision of a State, the statutory license provided for in this paragraph shall apply to the secondary transmission of the primary transmission of such system to any subscriber in any county or county equivalent 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 trans- mission of a noncommercial educational broadcast station located within the State pursuant to paragraph (1).
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124 STAT. 1230 PUBLIC LAW 111–175—MAY 27, 2010
‘‘(5) APPLICABILITY OF ROYALTY RATES AND PROCEDURES.— The royalty rates and procedures under section 119(b) shall apply to the secondary transmissions to which the statutory license under paragraph (4) applies.’’. (c) REPORTING REQUIREMENTS.—Section 122(b) is amended—
(1) in paragraph (1), by striking ‘‘station a list’’ and all that follows through the end and inserting the following: ‘‘sta- tion—
‘‘(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 sec- ondary transmissions of that primary transmission under subsection (a); and
‘‘(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 para- graph (2) of subsection (a).’’; and (2) in paragraph (2), by striking ‘‘network a list’’ and all
that follows through the end and inserting the following: ‘‘net- work—
‘‘(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 sub- scribers since the last submission under this subsection; and
‘‘(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 paragraph (2) of subsection (a) has been added or dropped since the last submission under this subsection.’’.
(d) NO ROYALTY FEE FOR CERTAIN SECONDARY TRANS- MISSIONS.—Section 122(c) is amended—
(1) in the heading, by inserting ‘‘FOR CERTAIN SECONDARY TRANSMISSIONS’’ after ‘‘REQUIRED’’; and
(2) by striking ‘‘subsection (a)’’ and inserting ‘‘paragraphs (1), (2), and (3) of subsection (a)’’. (e) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.—
(1) MODIFICATION TO STATUTORY DAMAGES.—Section 122(f) is amended—
(A) in paragraph (1)(B), by striking ‘‘$5’’ and inserting ‘‘$250’’; and
(B) in paragraph (2), by striking ‘‘$250,000’’ each place it appears and inserting ‘‘$2,500,000’’. (2) CONFORMING AMENDMENTS FOR ADDITIONAL STATIONS.—
Section 122 is amended— (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 paragraph (2)(A), (3), or (4) of subsection (a), or subject to’’; and
(B) in subsection (g), by striking ‘‘section 119 or’’ and inserting the following: ‘‘section 119, paragraph (2)(A), (3), or (4) of subsection (a), or’’.
(f) DEFINITIONS.—Section 122(j) is amended— (1) in paragraph (1), by striking ‘‘which contracts’’ and
inserting ‘‘that contracts’’;
17 USC 122.
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124 STAT. 1231PUBLIC LAW 111–175—MAY 27, 2010
(2) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively;
(3) in paragraph (3)— (A) by redesignating such paragraph as paragraph (4); (B) in the heading of such paragraph, by inserting
‘‘NON-NETWORK STATION;’’ after ‘‘NETWORK STATION;’’; and (C) by inserting ‘‘ ‘non-network station’,’’ after ‘‘ ‘net-
work station’,’’; (4) by inserting after paragraph (2) the following: ‘‘(3) LOW POWER TELEVISION STATION.—The term ‘low power
television station’ means a low power TV station as defined in 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.’’;
(5) by inserting after paragraph (4) (as redesignated) the following:
‘‘(5) NONCOMMERCIAL EDUCATIONAL BROADCAST STATION.— The term ‘noncommercial educational broadcast station’ means a television broadcast station that is a noncommercial edu- cational 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 Television Extension and Localism Act of 2010.’’; and
(6) by amending paragraph (6) (as redesignated) to read as follows:
‘‘(6) 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.’’.
SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY TRANS- MISSION RIGHTS UNDER SECTION 111.
(a) HEADING RENAMED.— (1) IN GENERAL.—The heading of section 111 is amended
by inserting at the end the following: ‘‘of broadcast program- ming by cable’’.
(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:
‘‘111. Limitations on exclusive rights: Secondary transmissions of broadcast pro- gramming by cable.’’.
(b) TECHNICAL AMENDMENT.—Section 111(a)(4) is amended by striking ‘‘; or’’ and inserting ‘‘or section 122;’’.
(c) STATUTORY LICENSE FOR SECONDARY TRANSMISSIONS BY CABLE SYSTEMS.—Section 111(d) is amended—
(1) in paragraph (1)— (A) in the matter preceding subparagraph (A)—
(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’’; and
(ii) by striking ‘‘by regulation—’’ and inserting ‘‘by regulation the following:’’; (B) in subparagraph (A)—
17 USC 111.
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(i) by striking ‘‘a statement of account’’ and inserting ‘‘A statement of account’’; and
(ii) by striking ‘‘; and’’ and inserting a period; and (C) by striking subparagraphs (B), (C), and (D) and
inserting the following: ‘‘(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:
‘‘(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);
‘‘(ii) 1.064 percent of such gross receipts for the first distant signal equivalent;
‘‘(iii) 0.701 percent of such gross receipts for each of the second, third, and fourth distant signal equiva- lents; and
‘‘(iv) 0.330 percent of such gross receipts for the fifth distant signal equivalent and each distant signal equivalent thereafter. ‘‘(C) In computing amounts under clauses (ii) through
(iv) of subparagraph (B)— ‘‘(i) any fraction of a distant signal equivalent shall
be computed at its fractional value; ‘‘(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 trans- mitter; and
‘‘(iii) if a cable system provides a secondary trans- mission of a primary transmitter to some but not all communities served by that cable system—
‘‘(I) the gross receipts and the distant signal equivalent values for such secondary transmission shall be derived solely on the basis of the sub- scribers in those communities where the cable system provides such secondary transmission; and
‘‘(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.
‘‘(D) A cable system that, on a statement submitted before the date of the enactment of the Satellite Television Extension and Localism Act of 2010, computed its royalty fee consistent with the methodology under subparagraph (C)(iii), or that amends a statement filed before such date
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124 STAT. 1233PUBLIC LAW 111–175—MAY 27, 2010
of enactment to compute the royalty fee due using such methodology, shall not be subject to an action for infringe- ment, or eligible for any royalty refund or offset, arising out of its use of such methodology on such statement.
‘‘(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—
‘‘(i) gross receipts of the cable system for the pur- pose of this paragraph shall be computed by sub- tracting 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; and
‘‘(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. ‘‘(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—
‘‘(i) 0.5 percent of any gross receipts up to $263,800, regardless of the number of distant signal equivalents, if any; and
‘‘(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. ‘‘(G) A filing fee, as determined by the Register of
Copyrights pursuant to section 708(a).’’; (2) in paragraph (2), in the first sentence—
(A) by striking ‘‘The Register of Copyrights’’ and inserting the following ‘‘HANDLING OF FEES.—The Register of Copyrights’’; and
(B) by inserting ‘‘(including the filing fee specified in paragraph (1)(G))’’ after ‘‘shall receive all fees’’; (3) in paragraph (3)—
(A) by striking ‘‘The royalty fees’’ and inserting the following: ‘‘DISTRIBUTION OF ROYALTY FEES TO COPYRIGHT OWNERS.—The royalty fees’’;
(B) in subparagraph (A)— (i) by striking ‘‘any such’’ and inserting ‘‘Any such’’;
and (ii) by striking ‘‘; and’’ and inserting a period;
(C) in subparagraph (B)— (i) by striking ‘‘any such’’ and inserting ‘‘Any such’’;
and (ii) by striking the semicolon and inserting a
period; and (D) in subparagraph (C), by striking ‘‘any such’’ and
inserting ‘‘Any such’’; (4) in paragraph (4), by striking ‘‘The royalty fees’’ and
inserting the following: ‘‘PROCEDURES FOR ROYALTY FEE DIS- TRIBUTION.—The royalty fees’’; and
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(5) by adding at the end the following new paragraphs: ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EXCLUSIVITY SUR-
CHARGE 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’, respec- tively), as in effect on the date of the enactment of the Satellite Television Extension and Localism Act of 2010, 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.
‘‘(6) VERIFICATION OF ACCOUNTS AND FEE PAYMENTS.—The Register of Copyrights shall issue regulations to provide for the confidential verification by copyright owners whose works were embodied in the secondary transmissions of primary trans- missions pursuant to this section of the information reported on the semiannual statements of account filed under this sub- section for accounting periods beginning on or after January 1, 2010, in order that the auditor designated under subpara- graph (A) is able to confirm the correctness of the calculations and royalty payments reported therein. The regulations shall—
‘‘(A) establish procedures for the designation of a quali- fied independent auditor—
‘‘(i) with exclusive authority to request verification of such a statement of account on behalf of all copyright owners whose works were the subject of secondary transmissions of primary transmissions by the cable system (that deposited the statement) during the accounting period covered by the statement; and
‘‘(ii) who is not an officer, employee, or agent of any such copyright owner for any purpose other than such audit; ‘‘(B) establish procedures for safeguarding all non-
public financial and business information provided under this paragraph;
‘‘(C)(i) require a consultation period for the independent auditor to review its conclusions with a designee of the cable system;
‘‘(ii) establish a mechanism for the cable system to remedy any errors identified in the auditor’s report and to cure any underpayment identified; and
‘‘(iii) provide an opportunity to remedy any disputed facts or conclusions;
‘‘(D) limit the frequency of requests for verification for a particular cable system and the number of audits that a multiple system operator can be required to undergo in a single year; and
‘‘(E) permit requests for verification of a statement of account to be made only within 3 years after the last day of the year in which the statement of account is filed. ‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.—Any royalty
fee payments received by the Copyright Office from cable sys- tems 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
Regulations. Time period.
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they are received and shall be distributed as specified under this subsection.’’. (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 occur- ring in 2010.
(e) DEFINITIONS.—Section 111(f) is amended— (1) by striking the first undesignated paragraph and
inserting the following: ‘‘(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.’’;
(2) in the second undesignated paragraph— (A) by striking ‘‘A ‘secondary transmission’ ’’ and
inserting the following: ‘‘(2) SECONDARY TRANSMISSION.—A ‘secondary trans-
mission’ ’’; and (B) by striking ‘‘ ‘cable system’ ’’ and inserting ‘‘cable
system’’; (3) in the third undesignated paragraph—
(A) by striking ‘‘A ‘cable system’ ’’ and inserting the following: ‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; and
(B) by striking ‘‘Territory, Trust Territory, or Posses- sion’’ and inserting ‘‘territory, trust territory, or possession of the United States’’; (4) in the fourth undesignated paragraph, in the first sen-
tence— (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: ‘‘(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 trans- mitted by a primary transmitter that is a television broadcast station, comprises the area where such primary transmitter could have insisted’’;
(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 Fed- eral Regulations’’; and
(C) by striking ‘‘as defined by the rules and regulations of the Federal Communications Commission,’’; (5) by amending the fifth undesignated paragraph to read
as follows: ‘‘(5) DISTANT SIGNAL EQUIVALENT.—
‘‘(A) IN GENERAL.—Except as provided under subpara- graph (B), a ‘distant signal equivalent’—
17 USC 111.
17 USC 111 note.
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‘‘(i) is the value assigned to the secondary trans- mission 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; and
‘‘(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 pri- mary stream and to each multicast stream (other than a simulcast) that is a network station or a noncommer- cial educational station. ‘‘(B) EXCEPTIONS.—The values for independent, net-
work, and noncommercial educational stations specified in subparagraph (A) are subject to the following:
‘‘(i) Where the rules and regulations of the Federal Communications Commission require a cable system to omit the further transmission of a particular pro- gram and such rules and regulations also permit the substitution of another program embodying a perform- ance or display of a work in place of the omitted transmission, or where such rules and regulations in effect on the date of the 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 trans- mitted by primary transmitters within whose local service area the cable system is located, no value shall be assigned for the substituted or additional program.
‘‘(ii) Where the rules, regulations, or authorizations of the Federal Communications Commission in effect on the date of the 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 substi- tution occurs and as its denominator the number of days in the year.
‘‘(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 program- ming rules of the Federal Communications Commis- sion, or the secondary transmission of a primary trans- mitter 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 inde- pendent, network, and noncommercial educational sta- tions set forth in subparagraph (A), as the case may be, shall be multiplied by a fraction that is equal
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124 STAT. 1237PUBLIC LAW 111–175—MAY 27, 2010
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.
‘‘(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.’’;
(6) by striking the sixth undesignated paragraph and inserting the following:
‘‘(6) NETWORK STATION.— ‘‘(A) TREATMENT OF PRIMARY STREAM.—The term ‘net-
work 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.
‘‘(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—
‘‘(i) is owned or operated by, or affiliated with, one or more of the television networks described in subparagraph (A); and
‘‘(ii) offers programming on a regular basis for 15 or more hours per week to at least 25 of the affili- ated television licensees of the interconnected program service in 10 or more States.’’;
(7) by striking the seventh undesignated paragraph and inserting the following:
‘‘(7) INDEPENDENT STATION.—The term ‘independent sta- tion’ 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.’’;
(8) by striking the eighth undesignated paragraph and inserting the following:
‘‘(8) NONCOMMERCIAL EDUCATIONAL STATION.—The term ‘noncommercial educational station’ shall be applied to the pri- mary stream or a multicast stream of a television broadcast 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 Tele- vision Extension and Localism Act of 2010.’’; and
(9) by adding at the end the following: ‘‘(9) PRIMARY STREAM.—A ‘primary stream’ is—
‘‘(A) the single digital stream of programming that, before June 12, 2009, was substantially duplicating the programming transmitted by the television broadcast sta- tion as an analog signal; or
‘‘(B) if there is no stream described in subparagraph (A), then the single digital stream of programming trans- mitted by the television broadcast station for the longest period of time.
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‘‘(10) PRIMARY TRANSMITTER.—A ‘primary transmitter’ is a television or radio broadcast station licensed by the Federal Communications Commission, or by an appropriate govern- mental authority of Canada or Mexico, that makes primary transmissions to the public.
‘‘(11) MULTICAST STREAM.—A ‘multicast stream’ is a digital stream of programming that is transmitted by a television broadcast station and is not the station’s primary stream.
‘‘(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.
‘‘(13) SUBSCRIBER; SUBSCRIBE.— ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ means a per-
son 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.
‘‘(B) SUBSCRIBE.—The term ‘subscribe’ means to elect to become a subscriber.’’.
(f) TIMING OF SECTION 111 PROCEEDINGS.—Section 804(b)(1) is amended by striking ‘‘2005’’ each place it appears and inserting ‘‘2015’’.
(g) TECHNICAL AND CONFORMING AMENDMENTS.— (1) CORRECTIONS TO FIX LEVEL DESIGNATIONS.—Section 111
is amended— (A) in subsections (a), (c), and (e), by striking ‘‘clause’’
each place it appears and inserting ‘‘paragraph’’; (B) in subsection (c)(1), by striking ‘‘clauses’’ and
inserting ‘‘paragraphs’’; and (C) in subsection (e)(1)(F), by striking ‘‘subclause’’ and
inserting ‘‘subparagraph’’. (2) CONFORMING AMENDMENT TO HYPHENATE NONNET-
WORK.—Section 111 is amended by striking ‘‘nonnetwork’’ each place it appears and inserting ‘‘non-network’’.
(3) PREVIOUSLY UNDESIGNATED PARAGRAPH.—Section 111(e)(1) is amended by striking ‘‘second paragraph of sub- section (f)’’ and inserting ‘‘subsection (f)(2)’’.
(4) REMOVAL OF SUPERFLUOUS ANDS.—Section 111(e) is amended—
(A) in paragraph (1)(A), by striking ‘‘and’’ at the end; (B) in paragraph (1)(B), by striking ‘‘and’’ at the end; (C) in paragraph (1)(C), by striking ‘‘and’’ at the end; (D) in paragraph (1)(D), by striking ‘‘and’’ at the end;
and (E) in paragraph (2)(A), by striking ‘‘and’’ at the end.
(5) REMOVAL OF VARIANT FORMS REFERENCES.—Section 111 is amended—
(A) in subsection (e)(4), by striking ‘‘, and each of its variant forms,’’; and
(B) in subsection (f), by striking ‘‘and their variant forms’’. (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’’. (h) EFFECTIVE DATE WITH RESPECT TO MULTICAST STREAMS.—17 USC 111 note.
17 USC 804.
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(1) IN GENERAL.—Subject to paragraphs (2) and (3), the amendments made by this section, to the extent such amend- ments 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.
(2) DELAYED APPLICABILITY.— (A) SECONDARY TRANSMISSIONS OF A MULTICAST STREAM
BEYOND THE LOCAL SERVICE AREA OF ITS PRIMARY TRANS- MITTER BEFORE 2010 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 trans- mitter 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.
(B) MULTICAST STREAMS SUBJECT TO PREEXISTING WRIT- TEN AGREEMENTS FOR THE SECONDARY TRANSMISSION OF SUCH STREAMS.—In any case in which the secondary trans- mission 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 associa- tion representing the cable system and a primary trans- mitter or an association representing the primary trans- mitter, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary trans- missions 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.
(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. (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.
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:
‘‘(g) CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO- LOCAL SERVICE TO ALL DMAS.—
‘‘(1) INJUNCTION WAIVER.—A court that issued an injunction pursuant to subsection (a)(7)(B) before the date of the enact- ment of this subsection shall waive such injunction if the court recognizes the entity against which the injunction was issued as a qualified carrier.
‘‘(2) LIMITED TEMPORARY WAIVER.—
17 USC 119.
Courts.
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‘‘(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 sub- section (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.
‘‘(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.
‘‘(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL SERVICE TO ALL DMAS.—
‘‘(i) FAILURE TO ACT REASONABLY AND IN GOOD FAITH.—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 act reasonably or has failed to make a good faith effort to provide local-into-local service to all DMAs, such failure—
‘‘(I) is actionable as an act of infringement under section 501 and the court may in its discre- tion impose the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; and
‘‘(II) shall result in the termination of the waiver issued under subparagraph (A). ‘‘(ii) FAILURE TO PROVIDE LOCAL-INTO-LOCAL
SERVICE.—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 provide local-into-local service to all DMAs, but determines that the carrier acted reasonably and in good faith, the court may in its discretion impose financial penalties that reflect—
‘‘(I) the degree of control the carrier had over the circumstances that resulted in the failure;
‘‘(II) the quality of the carrier’s efforts to remedy the failure; and
‘‘(III) the severity and duration of any service interruption.
‘‘(D) SINGLE TEMPORARY WAIVER AVAILABLE.—An entity may only receive one temporary waiver under this para- graph.
‘‘(E) SHORT MARKET DEFINED.—For purposes of this paragraph, the term ‘short market’ means a local market in which programming of one or more of the four most widely viewed television networks nationwide as measured on the date of the enactment of this subsection is not offered on the primary stream transmitted by any local television broadcast station. ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER RECOGNITION.—
Time period.
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‘‘(A) STATEMENT OF ELIGIBILITY.—An entity seeking to be recognized as a qualified carrier under this subsection shall file a statement of eligibility with the court that imposed the injunction. A statement of eligibility must include—
‘‘(i) an affidavit that the entity is providing local- into-local service to all DMAs;
‘‘(ii) a motion for a waiver of the injunction; ‘‘(iii) a motion that the court appoint a special
master under Rule 53 of the Federal Rules of Civil Procedure;
‘‘(iv) an agreement by the carrier to pay all expenses incurred by the special master under para- graph (4)(B)(ii); and
‘‘(v) a certification issued pursuant to section 342(a) of Communications Act of 1934. ‘‘(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). Upon motion pursuant to subparagraph (A)(iii), the court shall appoint a special master to conduct the examination and provide a report to the court as provided in paragraph (4)(B).
‘‘(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).
‘‘(D) LOSS OF RECOGNITION PREVENTS FUTURE RECOGNI- TION.—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 volun- tarily terminated such recognition under subparagraph (C). ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND COMPLIANCE.—
‘‘(A) CONTINUING OBLIGATIONS.— ‘‘(i) IN GENERAL.—An entity recognized as a quali-
fied carrier shall continue to provide local-into-local service to all DMAs.
‘‘(ii) COOPERATION WITH COMPLIANCE EXAMINA- TION.—An entity recognized as a qualified carrier shall fully cooperate with the special master appointed by the court under paragraph (3)(B) in an examination set forth in subparagraph (B). ‘‘(B) QUALIFIED CARRIER COMPLIANCE EXAMINATION.—
‘‘(i) EXAMINATION AND REPORT.—A special master appointed by the court under paragraph (3)(B) shall conduct an examination of, and file a report on, the qualified carrier’s compliance with the royalty payment and household eligibility requirements of the license under this section. The report shall address the quali- fied 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 April 30, 2012.
‘‘(ii) RECORDS OF QUALIFIED CARRIER.—Beginning on the date that is one year after the date on which
Time period.
Time period.
Appointment. Reports.
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the qualified carrier is recognized as such under para- graph (3)(B), but not later than December 1, 2011, the qualified carrier shall provide the special master with all records that the special master considers to be directly pertinent to the following requirements under this section:
‘‘(I) Proper calculation and payment of royal- ties under the statutory license under this section.
‘‘(II) Provision of service under this license to eligible subscribers only. ‘‘(iii) SUBMISSION OF REPORT.—The special master
shall file the report required by clause (i) not later than July 24, 2012, with the court referred to in para- graph (1) that issued the injunction, and the court shall transmit a copy of the report to the Register of Copyrights, the Committees on the Judiciary and on Energy and Commerce of the House of Representa- tives, and the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate.
‘‘(iv) EVIDENCE OF INFRINGEMENT.—The special master shall include in the report a statement of whether the examination by the special master indicated that there is substantial evidence that a copy- right holder could bring a successful action under this section against the qualified carrier for infringement.
‘‘(v) SUBSEQUENT EXAMINATION.—If the special master’s report includes a statement that its examina- tion indicated the existence of substantial evidence that a copyright holder could bring a successful action under this section against the qualified carrier for infringement, the special master shall, not later than 6 months after the report under clause (i) is filed, 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 special master shall file a report on the results of the examination conducted under this clause with the court referred to in paragraph (1) that issued the injunction, and the court shall transmit a copy to the Register of Copyrights, the Committees on the Judiciary and on Energy and Commerce of the House of Representatives, and the Committees on the Judiciary and on Commerce, Science, and Transpor- tation of the Senate. The report shall include a state- ment described in clause (iv).
‘‘(vi) COMPLIANCE.—Upon motion filed by an aggrieved copyright owner, the court recognizing an entity as a qualified carrier shall terminate such des- ignation upon finding that the entity has failed to cooperate with the examinations required by this subparagraph.
‘‘(vii) OVERSIGHT.—During the period of time that the special master is conducting an examination under
Reports. Records.
Deadline.
Records.
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this subparagraph, the Comptroller General shall mon- itor the degree to which the entity seeking to be recog- nized or recognized as a qualified carrier under para- graph (3) is complying with the special master’s exam- ination. The qualified carrier shall make available to the Comptroller General all records and individuals that the Comptroller General considers necessary to meet the Comptroller General’s obligations under this clause. The Comptroller General shall report the results of the monitoring required by this clause to the Committees on the Judiciary and on Energy and Commerce of the House of Representatives and the Committees on the Judiciary and on Commerce, Science, and Transportation of the Senate at intervals of not less than six months during such period. ‘‘(C) AFFIRMATION.—A qualified carrier shall file an
affidavit with the district court and the Register of Copy- rights 30 months after such status was granted stating that, to the best of the affiant’s knowledge, it is in compli- ance with the requirements for a qualified carrier. The qualified carrier shall attach to its affidavit copies of all reports or orders issued by the court, the special master, and the Comptroller General.
‘‘(D) COMPLIANCE DETERMINATION.—Upon the motion of an aggrieved television broadcast station, the court recog- nizing an entity as a qualified carrier may make a deter- mination of whether the entity is providing local-into-local service to all DMAs.
‘‘(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.
‘‘(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 car- rier shall have the burden of proving that the entity pro- vided 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. ‘‘(5) FAILURE TO PROVIDE SERVICE.—
‘‘(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—
‘‘(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; and
Affidavits. Deadline.
Reports. Deadlines.
Records.
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‘‘(ii) impose a fine of not less than $250,000 and not more than $5,000,000. ‘‘(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—
‘‘(i) the degree of control the entity had over the circumstances that resulted in the failure;
‘‘(ii) the quality of the entity’s efforts to remedy the failure and restore service; and
‘‘(iii) the severity and duration of any service interruption.
‘‘(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.
‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS DEFINED.— For purposes of this subsection:
‘‘(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.
‘‘(B) HOUSEHOLD COVERAGE.—For purposes of subpara- graph (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.
‘‘(C) GOOD QUALITY SATELLITE SIGNAL DEFINED.—The term ‘good quality satellite signal’ has the meaning given such term under section 342(e)(2) of Communications Act of 1934.’’.
SEC. 106. COPYRIGHT OFFICE FEES.
Section 708(a) is amended— (1) in paragraph (8), by striking ‘‘and’’ after the semicolon; (2) in paragraph (9), by striking the period and inserting
a semicolon; (3) by inserting after paragraph (9) the following: ‘‘(10) on filing a statement of account based on secondary
transmissions of primary transmissions pursuant to section 119 or 122; and
‘‘(11) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111.’’; and
(4) by adding at the end the following new sentence: ‘‘Fees established under paragraphs (10) and (11) shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the
17 USC 708.
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collection and administration of the statements of account and any royalty fees deposited with such statements.’’.
SEC. 107. TERMINATION OF LICENSE.
(a) TERMINATION.—Section 119 of title 17, United States Code, as amended by this Act, shall cease to be effective on December 31, 2014.
(b) CONFORMING AMENDMENT.—Section 1003(a)(2)(A) of Public Law 111–118 (17 U.S.C. 119 note) is repealed.
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 regula- tions issued thereunder.
TITLE II—COMMUNICATIONS PROVISIONS
SEC. 201. REFERENCE.
Except as otherwise provided, whenever in this title an amend- ment is made to a section or other provision, the reference shall be considered to be made to such section or provision of the Commu- nications Act of 1934 (47 U.S.C. 151 et seq.).
SEC. 202. EXTENSION OF AUTHORITY.
Section 325(b) is amended— (1) in paragraph (2)(C), by striking ‘‘May 31, 2010’’ and
inserting ‘‘December 31, 2014’’; and (2) in paragraph (3)(C), by striking ‘‘June 1, 2010’’ each
place it appears in clauses (ii) and (iii) and inserting ‘‘January 1, 2015’’.
SEC. 203. SIGNIFICANTLY VIEWED STATIONS.
(a) IN GENERAL.—Paragraphs (1) and (2) of section 340(b) are amended to read as follows:
‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAKING LOCAL-INTO- LOCAL SERVICE.—This section shall apply only to retrans- missions to subscribers of a satellite carrier who receive retrans- missions of a signal from that satellite carrier pursuant to section 338.
‘‘(2) SERVICE LIMITATIONS.—A satellite carrier may re- transmit 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.’’. (b) RULEMAKING REQUIRED.—Within 270 days after the date
of the enactment of this Act, the Federal Communications Commis- sion shall take all actions necessary to promulgate a rule to imple- ment the amendments made by subsection (a).
Deadline. 47 USC 340 note.
Applicability.
47 USC 340.
47 USC 325.
17 USC 111 note.
Repeal.
17 USC 119 note.
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SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMEND- MENTS.
(a) SECTION 338.—Section 338 is amended— (1) in subsection (a), by striking ‘‘(3) EFFECTIVE DATE.—
No satellite’’ and all that follows through ‘‘until January 1, 2002.’’; and
(2) by amending subsection (g) to read as follows: ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE RECEPTION
ANTENNA.— ‘‘(1) SINGLE RECEPTION ANTENNA.—Each satellite carrier
that retransmits the signals of local television broadcast sta- tions 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.
‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If the carrier re- transmits the signals of local television broadcast stations in a local market in high definition format, the carrier shall re- transmit 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).’’. (b) SECTION 339.—Section 339 is amended—
(1) in subsection (a)— (A) in paragraph (1)(B), by striking ‘‘Such two network
stations’’ and all that follows through ‘‘more than two net- work stations.’’; and
(B) in paragraph (2)— (i) in the heading for subparagraph (A), by striking
‘‘TO ANALOG SIGNALS’’; (ii) in subparagraph (A)—
(I) in the heading for clause (i), by striking ‘‘ANALOG’’;
(II) in clause (i)— (aa) by striking ‘‘analog’’ each place it
appears; and (bb) by striking ‘‘October 1, 2004’’ and
inserting ‘‘October 1, 2009’’; (III) in the heading for clause (ii), by striking
‘‘ANALOG’’; and (IV) in clause (ii)—
(aa) by striking ‘‘analog’’ each place it appears; and
(bb) by striking ‘‘2004’’ and inserting ‘‘2009’’;
(iii) by amending subparagraph (B) to read as fol- lows: ‘‘(B) RULES FOR OTHER SUBSCRIBERS.—
‘‘(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 subpara- graph referred to as a ‘distant signal’), other than subscribers to whom subparagraph (A) applies, the following shall apply:
‘‘(I) In a case in which the satellite carrier makes available to that subscriber, on January
Applicability. Deadlines.
47 USC 339.
47 USC 338.
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1, 2005, the signal of a local network station affili- ated 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 tele- vision network the list and statement required by subparagraph (F)(i).
‘‘(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—
‘‘(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; and
‘‘(bb) the satellite carrier, within 60 days after such date, submits to each television net- work the list and statement required by subparagraph (F)(ii).
‘‘(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 Television Extension and Localism Act of 2010 may receive both such distant signal and the local signal of a network station affili- ated with the same network until such subscriber chooses to no longer receive such distant signal from such carrier, whether or not such subscriber elects to subscribe to such local signal.’’;
(iv) in subparagraph (C)— (I) by striking ‘‘analog’’; (II) in clause (i), by striking ‘‘the Satellite
Home Viewer Extension and Reauthorization Act of 2004; and’’ and inserting the following:
‘‘the Satellite Television Extension and Localism Act of 2010 and, at the time such person seeks to subscribe to receive such secondary transmission, resides in a local market where the satellite carrier makes avail- able 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); or’’; and
(III) by amending clause (ii) to read as follows: ‘‘(ii) lawfully subscribes to and receives a distant
signal on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, and, subsequent to such subscription, the satellite carrier makes available to that subscriber the signal of a local network station affiliated with the same network as the distant signal (and the retransmission of such
Deadline.
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signal by such carrier can reach such subscriber), unless such person subscribes to the signal of the local network station within 60 days after such signal is made available.’’;
(v) in subparagraph (D)— (I) in the heading, by striking ‘‘DIGITAL’’; (II) by striking clauses (i), (iii) through (v),
(vii) through (ix), and (xi); (III) by redesignating clause (vi) as clause (i)
and transferring such clause to appear before clause (ii);
(IV) by amending such clause (i) (as so redesig- nated) to read as follows: ‘‘(i) ELIGIBILITY AND SIGNAL TESTING.—A subscriber
of a satellite carrier shall be eligible to receive a distant signal of a network station affiliated with the same network under this section if, with respect to a local network station, such subscriber—
‘‘(I) is a subscriber whose household is not predicted by the model specified in subsection (c)(3) to receive the signal intensity required under sec- tion 73.622(e)(1) or, in the case of a low-power station or translator station transmitting an ana- log signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation;
‘‘(II) 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) or, in the case of a low-power station or translator station transmitting an analog signal, section 73.683(a) of such title, or a successor regu- lation; or
‘‘(III) is in an unserved household, as deter- mined under section 119(d)(10)(A) of title 17, United States Code.’’;
(V) in clause (ii)— (aa) by striking ‘‘DIGITAL’’ in the heading; (bb) by striking ‘‘digital’’ the first two
places such term appears; (cc) by striking ‘‘Satellite Home Viewer
Extension and Reauthorization Act of 2004’’ and inserting ‘‘Satellite Television Extension and Localism Act of 2010’’; and
(dd) by striking ‘‘, whether or not such subscriber elects to subscribe to local digital signals’’; (VI) by inserting after clause (ii) the following
new clause: ‘‘(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 sub- scriber if, in the case of any local market in the 48
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contiguous States of the United States, the distant signal is the secondary transmission of a station whose prime time network programming is generally broad- cast simultaneously with, or later than, the prime time network programming of the affiliate of the same net- work in the local market.’’; and
(VII) by redesignating clause (x) as clause (iv); and (vi) in subparagraph (E), by striking ‘‘distant ana-
log signal or’’ and all that follows through ‘‘(B), or (D))’’ and inserting ‘‘distant signal’’;
(2) in subsection (c)— (A) by amending paragraph (3) to read as follows:
‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND ON-LOCATION TESTING REQUIRED.—
‘‘(A) PREDICTIVE MODEL.—Within 270 days after the date of the enactment of the Satellite Television Extension and Localism Act of 2010, the Commission shall 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 an antenna, to receive signals in accordance with the signal intensity standard in section 73.622(e)(1) of title 47, Code of Federal Regulations, or a successor regulation, 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.
‘‘(B) ON-LOCATION TESTING.—The Commission shall issue an order completing its rulemaking proceeding in ET Docket No. 06–94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such rulemaking, the Commission shall seek ways to minimize consumer burdens associated with on-location testing.’’;
(B) by amending paragraph (4)(A) to read as follows: ‘‘(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 con- ducted in accordance with such clause demonstrate that the subscriber does not receive a signal that meets or
Deadline.
Procedures.
Regulations.
Deadlines.
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exceeds the requisite signal intensity standard in such clause, the subscriber shall not be denied the retrans- mission of a signal of a network station under section 119(d)(10)(A) of title 17, United States Code.’’;
(C) in paragraph (4)(B), by striking ‘‘the signal inten- sity’’ and all that follows through ‘‘United States Code’’ and inserting ‘‘such requisite signal intensity standard’’; and
(D) in paragraph (4)(E), by striking ‘‘Grade B inten- sity’’.
(c) SECTION 340.—Section 340(i) is amended by striking para- graph (4).
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 section 203 and section 204 of this title, the Federal Communica- tions 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 the enactment of this Act.
(b) TRANSLATOR STATIONS AND LOW POWER TELEVISION STA- TIONS.—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 rules and regulations of the Federal Communications Commission for determining such sub- scriber’s eligibility as in effect on the day before the date of the enactment of this Act shall apply until the date on which the translator station or low power television station is licensed to broadcast a digital signal.
(c) DEFINITIONS.—As used in this subtitle: (1) LOCAL MARKET; LOW POWER TELEVISION STATION; SAT-
ELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION.— The terms ‘‘local market’’, ‘‘low power television station’’, ‘‘sat- ellite carrier’’, ‘‘subscriber’’, and ‘‘television broadcast station’’ have the meanings given such terms in section 338(k) of the Communications Act of 1934.
(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.
SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.
Part I of title III is amended by adding at the end the following new section:
‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFI- CATION.
‘‘(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—
‘‘(1) a satellite carrier is providing local service pursuant to the statutory license under section 122 of such title in each designated market area; and
47 USC 342.
Applicability.
Time period.
47 USC 338 note.
47 USC 340.
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124 STAT. 1251PUBLIC LAW 111–175—MAY 27, 2010
‘‘(2) with respect to each designated market area in which such satellite carrier was not providing such local service as of the date of enactment of the Satellite Television Extension and Localism Act of 2010—
‘‘(A) the satellite carrier’s satellite beams are designed, and predicted by the satellite manufacturer’s pre-launch test data, to provide a good quality satellite signal to at least 90 percent of the households in each such designated market area based on the most recent census data released by the United States Census Bureau; and
‘‘(B) there is no material evidence that there has been a satellite or sub-system failure subsequent to the satellite’s launch that precludes the ability of the satellite carrier to satisfy the requirements of subparagraph (A).
‘‘(b) INFORMATION REQUIRED.—Any entity seeking the certifi- cation provided for in subsection (a) shall submit to the Commission the following information:
‘‘(1) An affidavit stating that, to the best of the affiant’s knowledge, the satellite carrier provides local service in all designated market areas pursuant to the statutory license pro- vided 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 Tele- vision Extension and Localism Act of 2010.
‘‘(2) For each designated market area not listed in para- graph (1):
‘‘(A) Identification of each such designated market area and the location of its local receive facility.
‘‘(B) Data showing the number of households, and maps showing the geographic distribution thereof, in each such designated market area based on the most recent census data released by the United States Census Bureau.
‘‘(C) Maps, with superimposed effective isotropically radiated power predictions obtained in the satellite manu- facturer’s pre-launch tests, showing that the contours of the carrier’s satellite beams as designed and the geographic area that the carrier’s satellite beams are designed to cover are predicted to provide a good quality satellite signal to at least 90 percent of the households in such designated market area based on the most recent census data released by the United States Census Bureau.
‘‘(D) For any satellite relied upon for certification under this section, an affidavit stating that, to the best of the affiant’s knowledge, there have been no satellite or sub- system failures subsequent to the satellite’s launch that would degrade the design performance to such a degree that a satellite transponder used to provide local service to any such designated market area is precluded from delivering a good quality satellite signal to at least 90 percent of the households in such designated market area based on the most recent census data released by the United States Census Bureau.
‘‘(E) Any additional engineering, designated market area, or other information the Commission considers nec- essary to determine whether the Commission shall grant a certification under this section.
‘‘(c) CERTIFICATION ISSUANCE.—
Submission.
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124 STAT. 1252 PUBLIC LAW 111–175—MAY 27, 2010
‘‘(1) PUBLIC COMMENT.—The Commission shall provide 30 days for public comment on a request for certification under this section.
‘‘(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. ‘‘(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.
‘‘(e) DEFINITIONS.—For the purposes of this section: ‘‘(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.
‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— ‘‘(A) IN GENERAL.—The term ‘‘good quality satellite
signal’’ means— ‘‘(i) a satellite signal whose power level as designed
shall achieve reception and demodulation of the signal at an availability level of at least 99.7 percent using—
‘‘(I) models of satellite antennas normally used by the satellite carrier’s subscribers; and
‘‘(II) the same calculation methodology used by the satellite carrier to determine predicted signal availability in the top 100 designated market areas; and ‘‘(ii) taking into account whether a signal is in
standard definition format or high definition format, compression methodology, modulation, error correction, power level, and utilization of advances in technology that do not circumvent the intent of this section to provide for non-discriminatory treatment with respect to any comparable television broadcast station signal, a video signal transmitted by a satellite carrier such that—
‘‘(I) the satellite carrier treats all television broadcast stations’ signals the same with respect to statistical multiplexer prioritization; and
‘‘(II) the number of video signals in the rel- evant satellite transponder is not more than the then current greatest number of video signals car- ried on any equivalent transponder serving the top 100 designated market areas.
‘‘(B) DETERMINATION.—For the purposes of subpara- graph (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 car- rier’s application for certification under this section.’’.
Publication.
Affidavit. Deadline.
Deadline.
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124 STAT. 1253PUBLIC LAW 111–175—MAY 27, 2010
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:
‘‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STA- TIONS.—
‘‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS.— If, before the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier is providing, under section 122 of title 17, United States Code, any secondary transmissions in high definition format 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 signals in high-definition format of qualified non- commercial educational television stations located within that local market in accordance with the following schedule:
‘‘(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 format.
‘‘(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition format. ‘‘(B) NEW INITIATION OF SERVICE.—If, on or after the
date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier initi- ates the provision, under section 122 of title 17, United States Code, of any secondary transmissions in high defini- tion format 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 signals in high-definition format of all qualified non- commercial educational television stations located within that local market.’’.
(b) DEFINITIONS.—Section 338(k) is amended— (1) by redesignating paragraphs (2) through (8) as para-
graphs (3) through (9), respectively; (2) by inserting after paragraph (1) the following new para-
graph: ‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term ‘eligible sat-
ellite carrier’ means any satellite carrier that is not a party to a carriage contract that—
‘‘(A) governs carriage of at least 30 qualified non- commercial educational television stations; and
‘‘(B) is in force and effect within 150 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010.’’; (3) by redesignating paragraphs (6) through (9) (as pre-
viously redesignated) as paragraphs (7) through (10), respec- tively; and
(4) by inserting after paragraph (5) (as so redesignated) the following new paragraph:
Deadline.
Deadlines.
47 USC 338.
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124 STAT. 1254 PUBLIC LAW 111–175—MAY 27, 2010
‘‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION.—The term ‘qualified noncommercial educational tele- vision station’ means any full-power television broadcast station that—
‘‘(A) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational broadcast station and is owned and operated by a public agency, nonprofit founda- tion, nonprofit corporation, or nonprofit association; and
‘‘(B) has as its licensee an entity that is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of this title.’’.
SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS.
Nothing in this title or the amendments made by this title shall be construed to affect—
(1) the meaning of the terms ‘‘program related’’ and ‘‘pri- mary video’’ under the Communications Act of 1934; or
(2) the meaning of the term ‘‘multicast’’ in any regulations issued by the Federal Communications Commission.
SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS.
Section 335(b) is amended— (1) by inserting ‘‘STATE PUBLIC AFFAIRS,’’ after ‘‘EDU-
CATIONAL,’’ in the heading; (2) by striking paragraph (1) and inserting the following: ‘‘(1) CHANNEL CAPACITY REQUIRED.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a provider of direct broadcast satellite service providing video programming, that the provider of such service reserve a portion of its channel capacity, equal to not less than 4 percent nor more than 7 percent, exclusively for noncommercial programming of an educational or informational nature.
‘‘(B) REQUIREMENT FOR QUALIFIED SATELLITE PRO- VIDER.—The Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a qualified satellite provider of direct broadcast satellite service providing video programming, that such provider reserve a portion of its channel capacity, equal to not less than 3.5 percent nor more than 7 percent, exclusively for noncommercial programming of an edu- cational or informational nature.’’; (3) in paragraph (5), by striking ‘‘For purposes of the sub-
section—’’ and inserting ‘‘For purposes of this subsection:’’; and (4) by adding at the end of paragraph (5) the following:
‘‘(C) The term ‘qualified satellite provider’ means any provider of direct broadcast satellite service that—
‘‘(i) provides the retransmission of the State public affairs networks of at least 15 different States;
‘‘(ii) offers the programming of State public affairs networks upon reasonable prices, terms, and conditions as determined by the Commission under paragraph (4); and
Definition.
47 USC 335.
47 USC 325 note.
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124 STAT. 1255PUBLIC LAW 111–175—MAY 27, 2010
‘‘(iii) does not delete any noncommercial program- ming of an educational or informational nature in connection with the carriage of a State public affairs network. ‘‘(D) The term ‘State public affairs network’ means
a non-commercial non-broadcast network or a noncommer- cial educational television station—
‘‘(i) whose programming consists of information about State government deliberations and public policy events; and
‘‘(ii) that is operated by— ‘‘(I) a State government or subdivision thereof; ‘‘(II) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code and that is governed by an inde- pendent board of directors; or
‘‘(III) a cable system.’’.
TITLE III—REPORTS AND SAVINGS PROVISION
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 Representa- tives. SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY
LICENSING.
Not later than 18 months 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 appro- priate Congressional committees a report containing—
(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 trans- mission directly with respect to all of the performances and displays embodied in such primary transmission;
(2) any recommendations for alternative means to imple- ment 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; and
(3) any recommendations for legislative or administrative actions as may be appropriate to achieve such a phase-out.
SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATU- TORY LICENSING MODIFICATIONS.
(a) STUDY.—The Comptroller General shall conduct a study that analyzes and evaluates the changes to the carriage require- ments currently imposed on multichannel video programming
47 USC 338 note.
Definition.
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124 STAT. 1256 PUBLIC LAW 111–175—MAY 27, 2010
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.
(b) REPORT.—Not later than 18 months after the date of the 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.
SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING.
Not later than 18 months after the date of the enactment of this Act, the Federal Communications Commission shall submit to the appropriate Congressional committees a report containing an analysis of—
(1) the number of households in a State that receive the signals of local broadcast stations assigned to a community of license that is located in a different State;
(2) the extent to which consumers in each local market have access to in-state broadcast programming over the air or from a multichannel video programming distributor; and
(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.
SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
(a) REQUIREMENT.— (1) IN GENERAL.—On the 270th day after the date of the
enactment of this Act, and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Federal Communications Commission setting forth—
(A) each local market in which it— (i) retransmits signals of 1 or more television
broadcast stations with a community of license in that market;
(ii) has commenced providing such signals in the preceding 1-year period; and
(iii) has ceased to provide such signals in the pre- ceding 1-year period; and (B) detailed information regarding the use and poten-
tial use of satellite capacity for the retransmission of local signals in each local market. (2) TERMINATION.—The requirement under paragraph (1)
shall cease after each satellite carrier has submitted 5 reports under such paragraph. (b) FCC STUDY; REPORT.—
(1) STUDY.—If no satellite carrier files a request for a certification under section 342 of the Communications Act of 1934 (as added by section 206 of this title) within 270 days
47 USC 338 note.
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after the date of the enactment of this Act, the Federal Commu- nications Commission shall initiate a study of—
(A) incentives that would induce a satellite carrier to provide the signals of 1 or more television broadcast stations licensed to provide signals in local markets in which the satellite carrier does not provide such signals; and
(B) the economic and satellite capacity conditions affecting delivery of local signals by satellite carriers to these markets. (2) REPORT.—Within 1 year after the date of the initiation
of the study under paragraph (1), the Federal Communications Commission shall submit a report to the appropriate Congres- sional committees containing its findings, conclusions, and rec- ommendations. (c) DEFINITIONS.—In this section—
(1) the terms ‘‘local market’’ and ‘‘satellite carrier’’ have the meaning given such terms in section 339(d) of the Commu- nications Act of 1934 (47 U.S.C. 339(d)); and
(2) the term ‘‘television broadcast station’’ has the meaning given such term in section 325(b)(7) of such Act (47 U.S.C. 325(b)(7)).
SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGOTIATED LICENSES.
(a) IN GENERAL.—Nothing in this Act, title 17, United States Code, the Communications Act of 1934, regulations promulgated by the Register of Copyrights under this title or title 17, United States Code, or regulations promulgated by the Federal Communica- tions Commission under this Act or the Communications Act of 1934 shall be construed to prevent a multichannel video program- ming 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.
(b) LIMITATION.—Nothing in subsection (a) shall be construed to affect any obligation of a multichannel video programming dis- tributor 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.
SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT.
(a) EFFECTIVE DATE.—Unless specifically provided otherwise, this Act, and the amendments made by this Act, shall take effect on February 27, 2010, and with the exception of the reference in subsection (b), all references to the date of enactment of this Act shall be deemed to refer to February 27, 2010, unless otherwise specified.
(b) NONINFRINGEMENT OF COPYRIGHT.—The secondary trans- mission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if it was made by a satellite carrier on or after February 27, 2010, and prior to enactment of this Act, and was in compliance with the law as in existence on February 27, 2010.
17 USC 111 note.
17 USC 111 note.
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124 STAT. 1258 PUBLIC LAW 111–175—MAY 27, 2010
LEGISLATIVE HISTORY—S. 3333: CONGRESSIONAL RECORD, Vol. 156 (2010):
May 7, considered and passed Senate. May 12, considered and passed House.
Æ
TITLE IV—SEVERABILITY
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.
TITLE V—DETERMINATION OF BUDGETARY EFFECTS
SEC. 501. DETERMINATION OF BUDGETARY EFFECTS.
(a) IN GENERAL.—The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Approved May 27, 2010.
17 USC 111 note.
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