Home > 106th Congressional Bills > H.R. 852 (ih) To require the Department of Agriculture to establish an electronic [Introduced in House] ...H.R. 852 (ih) To require the Department of Agriculture to establish an electronic [Introduced in House] ...
market includes any station that is licensed to
a community within the same designated market
area as the noncommercial educational
television broadcast station.
``(B) County of license.--In addition to the area
described in subparagraph (A), a station's local market
includes the county in which the station's community of
license is located.
``(C) Designated market area.--For purposes of
subparagraph (A), the term `designated market area'
means a designated market area, as determined by
Nielsen Media Research and published in the DMA Market
and Demographic Report.'';
(3) by inserting after paragraph (39) (as redesignated by
paragraph (1) of this section) the following new paragraph:
``(40) Satellite carrier.--The term `satellite carrier'
means an entity that uses the facilities of a satellite or
satellite service licensed by the Commission, and operates in
the Fixed-Satellite Service under part 25 of title 47 of the
Code of Federal Regulations or the Direct Broadcast Satellite
Service under part 100 of title 47 of the Code of Federal
Regulations, to establish and operate a channel of
communications for point-to-multipoint distribution of
television station signals, and that owns or leases a capacity
or service on a satellite in order to provide such point-to-
multipoint distribution, except to the extent that such entity
provides such distribution pursuant to tariff under this
Act.''; and
(3) by inserting after paragraph (50) (as redesignated by
paragraph (1) of this section) the following new paragraph:
``(51) Television network; television network station.--
``(A) Television network.--The term `television
network' means a television network in the United
States which offers an interconnected program service
on a regular basis for 15 or more hours per week to at
least 25 affiliated broadcast stations in 10 or more
States.
``(B) Television network station.--The term
`television network station' means a television
broadcast station that is owned or operated by, or
affiliated with, a television network.''.
SEC. 107. COMPLETION OF BIENNIAL REGULATORY REVIEW.
Within 180 days after the date of enactment of this Act, the
Commission shall complete the biennial review required by section
202(h) of the Telecommunications Act of 1996.
TITLE II--AMENDMENTS TO TITLE 17, UNITED STATES CODE
SEC. 201. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY
SATELLITE CARRIERS WITHIN LOCAL MARKETS.
(a) In General.--Section 119 of title 17, United States Code, is
amended to read as follows:
``Sec. 119. Limitations on exclusive rights; Secondary transmissions by
satellite carriers
``(a) Secondary Transmissions of Television Broadcast Stations by
Satellite Carriers.--
``(1) Statutory license.--Subject to the provisions of
paragraphs (2), (3), (4), and (5) of this subsection and
section 114(d), a secondary transmission that is in compliance
with the rules, regulations, and authorizations of the Federal
Communications Commission of a primary transmission made by a
television broadcast station and embodying a performance or
display of a work may have a statutory license under this
section if the satellite carrier makes a direct or indirect
charge to subscribers for the secondary transmission or to a
distributor that has contracted with the satellite carrier for
direct or indirect delivery of the secondary transmission. For
purposes of this section, the Public Broadcasting Service
satellite feed shall be considered a primary transmission made
by a television broadcast station that is in compliance with
the rules, regulations, and authorizations of the Federal
Communications Commission, except that subsequent to--
``(A) the date when a majority of subscribers to
satellite carriers are able to receive the signal of at
least one noncommercial educational television
broadcast station from their satellite carrier within
such stations' local market, or
``(B) 2 years after the effective date of the
Satellite Competition and Consumer Protection Act,
whichever is earlier, the statutory license created by this
section with respect to such satellite feed shall be
conditioned on the annual certification of support under
section 396(n) of the Communications Act of 1934.
``(2) Submission of subscriber lists.--(A) A satellite
carrier that makes secondary transmissions of a primary
transmission of a television broadcast station under paragraph
(1) shall, within 90 days after commencing such secondary
transmissions, submit to that station a list identifying all
subscribers to which the satellite carrier currently makes
secondary transmissions of that primary transmission. Such list
shall be organized by State, identifying all subscribers by
name (including street address, county, and 9-digit zip code)
in that State that receive secondary transmissions of that
primary transmission.
``(B) After the list is submitted under subparagraph (A),
the satellite carrier shall, on the 15th of each month, submit
to the television broadcast station a list identifying by State
the names (including street address, county, and 9-digit zip
code) of any subscribers who have been added or dropped as
subscribers since the last submission under this paragraph.
``(C) Subscriber information submitted by a satellite
carrier under this paragraph may be used only for purposes of
monitoring compliance by the satellite carrier with the
statutory license created by this section. The submission of
subscriber lists is only required for those television
broadcast stations that place 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.
``(3) Noncompliance with reporting and payment
requirements.--Notwithstanding the provisions of paragraph (1),
the willful or repeated secondary transmission to the public
that is in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission by a
satellite carrier of a primary transmission made by a
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 509, if the satellite carrier has
not deposited the statement of account and royalty fees
required by subsection (b).
``(4) Willful alterations.--Notwithstanding the provisions
of paragraph (1), the secondary transmission to the public that
is in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission by a
satellite carrier of a primary transmission made by a
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 a 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.
``(5) Discrimination by satellite carrier.--Notwithstanding
the provisions of paragraph (1), the willful or repeated
secondary transmission to the public that is in compliance with
the rules, regulations, and authorizations of the Federal
Communications Commission by a satellite carrier of a primary
transmission made by a television broadcast station and
embodying the 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 509,
if the satellite carrier unlawfully discriminates against a
distributor.
``(6) Geographic limitation on secondary transmissions.--
The statutory license created by this section shall apply only
to secondary transmissions to subscribers located in the United States.
``(b) Statutory License for Secondary Transmissions of Television
Broadcast Stations.--
``(1) Deposits with the register of copyrights.--A
satellite carrier whose secondary transmissions are subject to
statutory licensing under subsection (a) shall, on a semiannual
basis, deposit with the Register of Copyrights, in accordance
with the requirements that the Register shall prescribe by
regulation--
``(A) a statement of account, covering the
preceding 6-month period, specifying the names and
locations of all television broadcast stations whose
signals were retransmitted at any time during that
period to subscribers, the total number of subscribers
that received such secondary transmissions, and such
other data as the Register of Copyrights may from time
to time prescribe by regulation, and
``(B) a royalty fee for that 6-month period,
computed as follows:
``(i) For each television network station
that is retransmitted to subscribers located
outside the local market of that station, by
multiplying the total number of subscribers
receiving such secondary transmission during
each calendar month by the royalty fee
prescribed in section 258.3(b)(2) of title 37,
Code of Federal Regulations, as in effect on
January 1, 1998.
``(ii) For each superstation that is
retransmitted to subscribers located outside
the local market of that station, by
multiplying the total number of subscribers
receiving such secondary transmission during
each calendar month by the royalty fee
prescribed in section 258.3(b)(1) of title 37,
Code of Federal Regulations, as in effect on
January 1, 1998.
``(iii) By adding together the totals
computed under clauses (i) and (ii).
For secondary transmissions of a television broadcast station
to subscribers who reside within the local market of that
station, there shall be no royalty fee.
``(2) Investment of fees.--The Register of Copyrights shall
receive all fees deposited under this section and, after
deducting the reasonable costs incurred by the Copyright Office
under this section (other than the costs deducted under
paragraph (4)), shall deposit the balance in the Treasury of
the United States, in such manner as the Secretary of the
Treasury directs. Any funds held by the Secretary of the
Treasury shall be invested in interest bearing securities of
the United States for later distribution with interest by the
Librarian of Congress as provided by this title. The Register
may, in the Register's discretion, at any time after four years
have elapsed since the close of any calendar year, close out
the royalty payments account for that calendar year, and may
treat any funds remaining in such account and any subsequent
deposits that would otherwise be attributable to that calendar
year as attributable to the succeeding calendar year.
``(3) Persons to whom fees are distributed.--The royalty
fees deposited under paragraph (2) shall, in accordance with
the procedures provided by paragraph (4), be distributed to
those copyright owners whose works were included in a secondary
transmission to the public made by a satellite carrier during
the applicable 6-month accounting period and who file a claim
with the Librarian of Congress under paragraph (4). For
purposes of section 802 of this title, with respect to royalty
fees paid by satellite carriers for retransmitting the Public
Broadcasting Service satellite feed, the Public Broadcasting
Service shall be agent for all public television copyright
claimants and all Public Broadcasting Service member stations.
``(4) Procedures for distribution.--The royalty fees
deposited under paragraph (2) shall be distributed in
accordance with the following procedures:
``(A) Filing of claims for fees.--During the month
of July in each year, each person claiming to be
entitled to statutory license fees for secondary
transmissions under this section shall file a claim
with the Librarian of Congress, in accordance with
requirements that the Librarian shall prescribe by
regulation. For purposes of this paragraph, any
claimants may agree among themselves as to the
proportionate division of statutory license fees among
them, may lump their claims together and file them
jointly or as a single claim, or may designate a common
agent to receive payment on their behalf.
``(B) Determination of controversy;
distributions.--After the first day of August of each
year, the Librarian of Congress shall determine whether
there exists a controversy concerning the distribution
of royalty fees. If the Librarian determines that no
such controversy exists, the Librarian shall, after
deducting reasonable administrative costs under this
paragraph, distribute such fees to the copyright owners
entitled to receive them, or to their designated
agents. If the Librarian finds the existence of a
controversy, the Librarian shall, pursuant to chapter 8
of this title, convene a copyright arbitration royalty
panel to determine the distribution of fees.
``(C) Withholding of fees during controversy.--
During the pendency of any proceeding under this
subsection, the Librarian of Congress shall withhold
from distribution an amount sufficient to satisfy all
claims with respect to which a controversy exists, but
shall have discretion to proceed to distribute any
amounts that are not in controversy.
``(c) Definitions.--As used in this section--
``(1) Distributor.--The term `distributor' means any 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 term `local market' of a
television broadcast station has the meaning given that term
section 3 of the Communications Act of 1934 (47 U.S.C. 153) as
interpreted under the rules, regulations, and authorizations of
the Federal Communications Commission relating to carriage of
television broadcast signals by satellite carriers.
``(3) Primary transmission.--The term `primary
transmission' has the meaning given that term in section 111(f)
of this title.
``(4) Public broadcasting service satellite feed.--The term
`Public Broadcasting Service satellite feed' means the national
satellite feed distributed by the Public Broadcasting Service
for purposes of this section consisting of educational and
informational programming, to which the Public Broadcasting
Service holds national terrestrial broadcast rights.
``(5) Satellite carrier.--The term `satellite carrier' has
the meaning given that term in section 3 of the Communications
Act of 1934.
``(6) Secondary transmission.--The term `secondary
transmission' has the meaning given that term in section 111(f)
of this title.
``(7) 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 a
distributor.
``(8) Superstation.--The term `superstation' means a
television broadcast station, other than a television network
station, licensed by the Federal Communications Commission that
is secondarily transmitted by a satellite carrier, and includes
the Public Broadcasting Service satellite feed.
``(9) Television broadcast station.--The term `television
broadcast station' has the meaning given that term in section
325(b)(7) of the Communications Act of 1934.
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