Home > 106th Congressional Bills > H.R. 1028 (ih) To direct the Administrator of the Small Business Administration to redesignate the branch office of the Administration located in Melville, New York, as a district office. [Introduced in House] ...

H.R. 1028 (ih) To direct the Administrator of the Small Business Administration to redesignate the branch office of the Administration located in Melville, New York, as a district office. [Introduced in House] ...


Google
 
Web GovRecords.org






                                                  Union Calendar No. 52

106th CONGRESS

  1st Session

                               H. R. 1027

                      [Report No. 106-86, Part I]

_______________________________________________________________________

                                 A BILL

 To provide for the carriage by satellite carriers of local broadcast 
                station signals, and for other purposes.

_______________________________________________________________________

                             April 16, 1999

  Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed





                                                  Union Calendar No. 52
106th CONGRESS
  1st Session
                                H. R. 1027

                      [Report No. 106-86, Part I]

 To provide for the carriage by satellite carriers of local broadcast 
                station signals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 1999

  Mr. Coble introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                             April 12, 1999

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 12, 1999

Referral to the Committee on Commerce extended for a period ending not 
                       later than April 16, 1999

                             April 16, 1999

  Committee on Commerce discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                                8, 1999]

_______________________________________________________________________

                                 A BILL


 
 To provide for the carriage by satellite carriers of local broadcast 
                station signals, 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.

    This Act may be cited as the ``Copyright Compulsory License 
Improvement Act''.

SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY 
              SATELLITE CARRIERS WITHIN LOCAL MARKETS.

    (a) In General.--Chapter 1 of title 17, United States Code, is 
amended by adding after section 121 the following new section:
``Sec. 122. Limitations on exclusive rights; secondary transmissions by 
              satellite carriers within local markets
    ``(a) Secondary Transmissions of Television Broadcast Stations by 
Satellite Carriers.--A secondary transmission of a primary transmission 
of a television broadcast station into the station's local market shall 
be subject to statutory licensing under this section if--
            ``(1) the secondary transmission is made by a satellite 
        carrier to the public;
            ``(2) the satellite carrier is in compliance with the 
        rules, regulations, or authorizations of the Federal 
        Communications Commission governing the carriage of television 
        broadcast station signals; and
            ``(3) the satellite carrier makes a direct or indirect 
        charge for the secondary transmission to--
                    ``(A) each subscriber receiving the secondary 
                transmission; or
                    ``(B) a distributor that has contracted with the 
                satellite carrier for direct or indirect delivery of 
                the secondary transmission to the public.
    ``(b) Reporting Requirements.--
            ``(1) Initial lists.--A satellite carrier that makes 
        secondary transmissions of a primary transmission made by a 
        network station under subsection (a) shall, within 90 days 
        after commencing such secondary transmissions, submit to that 
        station a list identifying (by name in alphabetical order and 
        street address, including county and zip code) only those 
        subscribers located in that station's local market to which the 
        satellite carrier currently makes secondary transmissions of 
        that primary transmission.
            ``(2) Subsequent lists.--After the list is submitted under 
        paragraph (1), the satellite carrier shall, on the 15th of each 
        month, submit to the station a list identifying (by name and 
        street address, including county and zip code) any subscribers 
        who have been added or dropped as subscribers since the last 
        submission under this subsection.
            ``(3) Use of subscriber information.--Subscriber 
        information submitted by a satellite carrier under this 
        subsection may be used only for the purposes of monitoring 
        compliance by the satellite carrier with this section.
            ``(4) Requirements of stations.--The submission 
        requirements of this subsection shall apply to a satellite 
        carrier only if the station to whom the submissions are to be 
        made places on file with the Register of Copyrights a document 
        identifying the name and address of the person to whom such 
        submissions are to be made. The Register shall maintain for 
        public inspection a file of all such documents.
    ``(c) No Royalty Fee Required.--A satellite carrier whose secondary 
transmissions are subject to statutory licensing under subsection (a) 
shall have no royalty obligation for such secondary transmissions.
    ``(d) Noncompliance With Reporting Requirements.--Notwithstanding 
subsection (a), the willful or repeated secondary transmission to the 
public by a satellite carrier into the local market of a television 
broadcast station of a primary transmission made by that television 
broadcast station and embodying a performance or display of a work is 
actionable as an act of infringement under section 501, and is fully 
subject to the remedies provided under sections 502 through 506 and 
509, if the satellite carrier has not complied with the reporting 
requirements of subsection (b).
    ``(e) Willful Alterations.--Notwithstanding subsection (a), the 
secondary transmission to the public by a satellite carrier into the 
local market of a television broadcast station of a primary 
transmission made by that television broadcast station and embodying a 
performance or display of a work is actionable as an act of 
infringement under section 501, and is fully subject to the remedies 
provided by sections 502 through 506 and sections 509 and 510, if the 
content of the particular program in which the performance or display 
is embodied, or any commercial advertising or station announcement 
transmitted by the primary transmitter during, or immediately before or 
after, the transmission of such program, is in any way willfully 
altered by the satellite carrier through changes, deletions, or 
additions, or is combined with programming from any other broadcast 
signal.
    ``(f) Violation of Territorial Restrictions on Statutory License 
for Television Broadcast Stations.--
            ``(1) Individual violations.--The willful or repeated 
        secondary transmission to the public by a satellite carrier of 
        a primary transmission made by a television broadcast station 
        and embodying a performance or display of a work to a 
        subscriber who does not reside in that station's local market, 
        and is not subject to statutory licensing under section 119, is 
        actionable as an act of infringement under section 501 and is 
        fully subject to the remedies provided by sections 502 through 
        506 and 509, except that--
                    ``(A) no damages shall be awarded for such act of 
                infringement if the satellite carrier took corrective 
                action by promptly withdrawing service from the 
                ineligible subscriber; and
                    ``(B) any statutory damages shall not exceed $5 for 
                such subscriber for each month during which the 
                violation occurred.
            ``(2) Pattern of violations.--If a satellite carrier 
        engages in a willful or repeated pattern or practice of 
        secondarily transmitting to the public a primary transmission 
        made by a television broadcast station and embodying a 
        performance or display of a work to subscribers who do not 
        reside in that station's local market, and are not subject to 
        statutory licensing under section 119, then in addition to the 
        remedies under paragraph (1)--
                    ``(A) if the pattern or practice has been carried 
                out on a substantially nationwide basis, the court 
                shall order a permanent injunction barring the 
                secondary transmission by the satellite carrier of the 
                primary transmissions of that television broadcast 
                station (and if such television broadcast station is a 
                network station, all other television broadcast 
                stations affiliated with such network), and the court 
                may order statutory damages not exceeding $250,000 for 
                each 6-month period during which the pattern or 
                practice was carried out; and
                    ``(B) if the pattern or practice has been carried 
                out on a local or regional basis with respect to more 
                than one television broadcast station (and if such 
                television broadcast station is a network station, all 
                other television broadcast stations affiliated with 
                such network), the court shall order a permanent 
                injunction barring the secondary transmission in that 
                locality or region by the satellite carrier of the 
                primary transmissions of any television broadcast 
                station, and the court may order statutory damages not 
                exceeding $250,000 for each 6-month period during which 
                the pattern or practice was carried out.
    ``(g) Burden of Proof.--In any action brought under subsection (d), 
(e), or (f), the satellite carrier shall have the burden of proving 
that its secondary transmission of a primary transmission by a 
television broadcast station is made only to subscribers located within 
that station's local market.
    ``(h) Geographic Limitations on Secondary Transmissions.--The 
statutory license created by this section shall apply to secondary 
transmissions to locations in the United States, and any commonwealth, 
territory, or possession of the United States.
    ``(i) Exclusivity With Respect to Secondary Transmissions of 
Broadcast Stations by Satellite to Members of the Public.--No provision 
of section 111 or any other law (other than this section and section 
119) shall be construed to contain any authorization, exemption, or 
license through which secondary transmissions by satellite carriers of 
programming contained in a primary transmission made by a television 
broadcast station may be made without obtaining the consent of the 
copyright owner.
    ``(j) Definitions.--In this section--
            ``(1) Distributor.--The term `distributor' means an entity 
        which contracts to distribute secondary transmissions from a 
        satellite carrier and, either as a single channel or in a 
        package with other programming, provides the secondary 
        transmission either directly to individual subscribers or 
        indirectly through other program distribution entities.
            ``(2) Local market.--The `local market' of a television 
        broadcast station has the meaning given that term under rules, 
        regulations, and authorizations of the Federal Communications 
        Commission relating to carriage of television broadcast signals 
        by satellite carriers.
            ``(3) Network station; satellite carrier; secondary 
        transmission.--The terms `network station', `satellite carrier' 
        and `secondary transmission' have the meanings given such terms 
        under section 119(d).
            ``(4) Subscriber.--The term `subscriber' means an entity 
        that receives a secondary transmission service by means of a 
        secondary transmission from a satellite and pays a fee for the 
        service, directly or indirectly, to the satellite carrier or to 
        a distributor.
            ``(5) Television broadcast station.--The term `television 
        broadcast station' means an over-the-air, commercial or 
        noncommercial television broadcast station licensed by the 
        Federal Communications Commission under subpart E of part 73 of 
        title 47, Code of Federal Regulations.''.
    (b) Infringement of Copyright.--Section 501 of title 17, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(f) With respect to any secondary transmission that is made by a 
satellite carrier of a primary transmission embodying the performance 
or display of a work and is actionable as an act of infringement under 
section 122, a television broadcast station holding a copyright or 
other license to transmit or perform the same version of that work 
shall, for purposes of subsection (b) of this section, be treated as a 
legal or beneficial owner if such secondary transmission occurs within 
the local market of that station.''.
    (c) Technical and Conforming Amendments.--The table of sections for 
chapter 1 of title 17, United States Code, is amended by adding after 
the item relating to section 121 the following:

``122. Limitations on exclusive rights; secondary transmissions by 
                            satellite carriers within local market.''.

SEC. 3. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF TITLE 17, 
              UNITED STATES CODE.

    Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 
119 note; Public Law 103-369; 108 Stat. 3481) is amended by striking 
``December 31, 1999'' and inserting ``December 31, 2004''.

SEC. 4. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.

    Section 119(c) of title 17, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4) Reduction.--
                    ``(A) Superstation.--The rate of the royalty fee in 
                effect on January 1, 1998, payable in each case under 
                subsection (b)(1)(B)(i) shall be reduced by 30 percent.
                    ``(B) Network.--The rate of the royalty fee in 
                effect on January 1, 1998, payable under subsection 
                (b)(1)(B)(ii) shall be reduced by 45 percent.
            ``(5) Public broadcasting service as agent.--For purposes 
        of section 802, with respect to royalty fees paid by satellite 
        carriers for retransmitting the Public Broadcasting Service 

Pages: 1 2 3 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 3381 (enr) To reauthorize the Overseas Private Investment Corporation and the Trade and Development Agency, and for other purposes. [Enrolled bill] ...
2 H.R. 4941 (ih) To amend the Federal Power Act to provide for the reliability of the electric power transmission system in the United States, and for other purposes. [Introduced in House] ...
3 H.R. 3760 (ih) To temporarily suspend the duty on benzenesulfonamide,4-amino-2,5- dimethyoxy-N-phenyl. [Introduced in House] ...
4 H.R. 1666 (ih) To designate the facility of the United States Postal Service at 200 East Pinckney Street in Madison, Florida, as the ``Captain Colin P. Kelly, Jr. Post Office''. [Introduced in House] ...
5 S. 323 (enr) To redesignate the Black Canyon of the Gunnison National Monument as a national park and establish the Gunnison Gorge National Conservation Area, and for other purposes. [Enrolled bill] ...
6 H.R. 4425 (pcs) Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. [Placed on Calendar Senate] %%Filename:...
7 H.Res. 183 (ih) Expressing the sense of the House of Representatives regarding the [Introduced in House] ...
8 H.R. 4608 (rs) To designate the United States courthouse located at 220 West Depot Street in Greeneville, Tennessee, as the ``James H. Quillen United States Courthouse''. [Reported in Senate] ...
9 H.R. 371 (ih) To expedite the naturalization of aliens who served with special guerrilla units in Laos. [Introduced in House] ...
10 S. 2289 (rs) For the relief of Jose Guadalupe Tellez Pinales. [Reported in Senate] ...
11 H.R. 193 (ih) To designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers System. [Introduced in House] ...
12 S.Res. 387 (ats) Relative to the death of Representative Julian C. Dixon, of California. [Agreed to Senate] ...
13 S. 330 (rfh) To promote the research, identification, assessment, exploration, and development of methane hydrate resources, and for other purposes. [Referred in House] ...
14 S. 3037 (is) To amend title XVIII of the Social Security Act to increase payments under the medicare program to Puerto Rico hospitals. [Introduced in Senate] ...
15 H.Res. 299 (eh) [Engrossed in House] ...
16 S. 1418 (rfh) To provide for the holding of court at Natchez, Mississippi, in the same manner as court is held at Vicksburg, Mississippi, and for other purposes. [Referred in House] ...
17 S.Con.Res. 151 (enr) [Enrolled bill] ...
18 S. 141 (is) To amend section 845 of title 18, United States Code, relating to explosive materials. [Introduced in Senate] ...
19 S. 1744 (es) To amend the Endangered Species Act of 1973 to provide that certain species conservation reports shall continue to be required to be submitted. [Engrossed in Senate] ...
20 H.R. 5601 (ih) To amend titles XVIII, XIX, and XXI of the Social Security Act to [Introduced in House] ...
21 H.Con.Res. 188 (ih) Commending Greece and Turkey for their mutual and swift response to the recent earthquakes in both countries by providing to each other humanitarian assistance and rescue relief. [Introduced in House] ...
22 H.R. 5585 (ih) To ensure the energy self-sufficiency of the United States by 2010, and for other purposes. [Introduced in House] ...
23 S. 156 (is) To amend chapter 44 of title 18, United States Code, to prohibit the manufacture, transfer, or importation of .25 caliber and .32 caliber and 9 millimeter ammunition. [Introduced in Senate] ...
24 H.R. 1666 (eh) To designate the facility of the United States Postal Service at 200 East Pinckney Street in Madison, Florida, as the ``Captain Colin P. Kelly, Jr. Post Office''. [Engrossed in House] ...
25 S. 2522 (pcs) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2001, and for other purposes. [Placed on Calendar Senate] ...
26 H.R. 5463 (ih) To amend the Internal Revenue Code of 1986 to affirm the confidentiality of closing and similar agreements and agreements with foreign governments. [Introduced in House] ...
27 H.R. 4189 (ih) To direct the Secretary of Transportation to carry out a vessel scrapping and processing pilot program in the United States. [Introduced in House] ...
28 H.R. 5049 (ih) To amend the Federal Water Pollution Control Act to increase efforts to prevent and reduce contamination of navigable waters by methyl tertiary butyl ether, tetrachloroethylene, and trichloroethylene, and for other purposes. [Introduced in...
29 H.Res. 279 (eh) [Engrossed in House] ...
30 S.Con.Res. 158 (enr) [Enrolled bill] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy