§ 119. — Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC119]
TITLE 17--COPYRIGHTS
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec. 119. Limitations on exclusive rights: Secondary
transmissions of superstations and network stations for private
home viewing
(a) Secondary Transmissions by Satellite Carriers.--
(1) Superstations and pbs satellite feed.--Subject to the
provisions of paragraphs (3), (4), and (6) of this subsection and
section 114(d), secondary transmissions of a performance or display
of a work embodied in a primary transmission made by a superstation
or by the Public Broadcasting Service satellite feed shall be
subject to statutory licensing under this section if the secondary
transmission is made by a satellite carrier to the public for
private home viewing, with regard to secondary transmissions the
satellite carrier is in compliance with the rules, regulations, or
authorizations of the Federal Communications Commission governing
the carriage of television broadcast station signals, and the
carrier makes a direct or indirect charge for each retransmission
service to each household receiving the secondary transmission or to
a distributor that has contracted with the carrier for direct or
indirect delivery of the secondary transmission to the public for
private home viewing. In the case of the Public Broadcasting Service
satellite feed, the statutory license shall be effective until
January 1, 2002.
(2) Network stations.--
(A) In general.--Subject to the provisions of subparagraphs
(B) and (C) of this paragraph and paragraphs (3), (4), (5), and
(6) of this subsection and section 114(d), secondary
transmissions of a performance or display of a work embodied in
a primary transmission made by a network station shall be
subject to statutory licensing under this section if the
secondary transmission is made by a satellite carrier to the
public for private home viewing, with regard to secondary
transmissions the satellite carrier is in compliance with the
rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals, and the carrier makes a direct or
indirect charge for such retransmission service to each
subscriber receiving the secondary transmission.
(B) Secondary transmissions to unserved households.--
(i) In general.--The statutory license provided for in
subparagraph (A) shall be limited to secondary transmissions
of the signals of no more than two network stations in a
single day for each television network to persons who reside
in unserved households.
(ii) Accurate determinations of eligibility.--
(I) Accurate predictive model.--In determining
presumptively whether a person resides in an unserved
household under subsection (d)(10)(A), a court shall
rely on the Individual Location Longley-Rice model set
forth by the Federal Communications Commission in Docket
No. 98-201, as that model may be amended by the
Commission over time under section 339(c)(3) of the
Communications Act of 1934 to increase the accuracy of
that model.
(II) Accurate measurements.--For purposes of site
measurements to determine whether a person resides in an
unserved household under subsection (d)(10)(A), a court
shall rely on section 339(c)(4) of the Communications
Act of 1934.
(iii) C-band exemption to unserved households.--
(I) In general.--The limitations of clause (i) shall
not apply to any secondary transmissions by C-band
services of network stations that a subscriber to C-band
service received before any termination of such
secondary transmissions before October 31, 1999.
(II) Definition.--In this clause the term ``C-band
service'' means a service that is licensed by the
Federal Communications Commission and operates in the
Fixed Satellite Service under part 25 of title 47 of the
Code of Federal Regulations.
(C) Submission of subscriber lists to networks.--A satellite
carrier that makes secondary transmissions of a primary
transmission made by a network station pursuant to subparagraph
(A) shall, 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 street
address, including county and zip code) all subscribers to which
the satellite carrier makes secondary transmissions of that
primary transmission. Thereafter, on the 15th of each month, the
satellite carrier shall submit to the network a list identifying
(by name and street address, including county and zip code) any
persons who have been added or dropped as such subscribers since
the last submission under this subparagraph. Such subscriber
information submitted by a satellite carrier may be used only
for purposes of monitoring compliance by the satellite carrier
with this subsection. The submission requirements of this
subparagraph shall apply to a satellite carrier only if the
network 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.
(3) Noncompliance with reporting and payment requirements.--
Notwithstanding the provisions of paragraphs (1) and (2), the
willful or repeated secondary transmission to the public by a
satellite carrier of a primary transmission made by a superstation
or a network 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, where the satellite carrier has not deposited the
statement of account and royalty fee required by subsection (b), or
has failed to make the submissions to networks required by paragraph
(2)(C).
(4) Willful alterations.--Notwithstanding the provisions of
paragraphs (1) and (2), the secondary transmission to the public by
a satellite carrier of a performance or display of a work embodied
in a primary transmission made by a superstation or a network
station 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.
(5) Violation of territorial restrictions on statutory license
for network stations.--
(A) Individual violations.--The willful or repeated
secondary transmission by a satellite carrier of a primary
transmission made by a network station and embodying a
performance or display of a work to a subscriber who does not
reside in an unserved household 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--
(i) 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
(ii) any statutory damages shall not exceed $5 for such
subscriber for each month during which the violation
occurred.
(B) Pattern of violations.--If a satellite carrier engages
in a willful or repeated pattern or practice of delivering a
primary transmission made by a network station and embodying a
performance or display of a work to subscribers who do not
reside in unserved households, then in addition to the remedies
set forth in subparagraph (A)--
(i) 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, for private home viewing, of the
primary transmissions of any primary network station
affiliated with the same network, and the court may order
statutory damages of not to exceed $250,000 for each 6-month
period during which the pattern or practice was carried out;
and
(ii) if the pattern or practice has been carried out on
a local or regional basis, the court shall order a permanent
injunction barring the secondary transmission, for private
home viewing in that locality or region, by the satellite
carrier of the primary transmissions of any primary network
station affiliated with the same network, and the court may
order statutory damages of not to exceed $250,000 for each
6-month period during which the pattern or practice was
carried out.
(C) Previous subscribers excluded.--Subparagraphs (A) and
(B) do not apply to secondary transmissions by a satellite
carrier to persons who subscribed to receive such secondary
transmissions from the satellite carrier or a distributor before
November 16, 1988.
(D) Burden of proof.--In any action brought under this
paragraph, the satellite carrier shall have the burden of
proving that its secondary transmission of a primary
transmission by a network station is for private home viewing to
an unserved household.
(E) Exception.--The secondary transmission by a satellite
carrier of a performance or display of a work embodied in a
primary transmission made by a network station to subscribers
who do not reside in unserved households shall not be an act of
infringement if--
(i) the station on May 1, 1991, was retransmitted by a
satellite carrier and was not on that date owned or operated
by or affiliated with a television network that offered
interconnected program service on a regular basis for 15 or
more hours per week to at least 25 affiliated television
licensees in 10 or more States;
(ii) as of July 1, 1998, such station was retransmitted
by a satellite carrier under the statutory license of this
section; and
(iii) the station is not owned or operated by or
affiliated with a television network that, as of January 1,
1995, offered interconnected program service on a regular
basis for 15 or more hours per week to at least 25
affiliated television licensees in 10 or more States.
(6) Discrimination by a satellite carrier.--Notwithstanding the
provisions of paragraph (1), the willful or repeated secondary
transmission to the public by a satellite carrier of a performance
or display of a work embodied in a primary transmission made by a
superstation or a network station 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.
(7) Geographic limitation on secondary transmissions.--The
statutory license created by this section shall apply only to
secondary transmissions to households located in the United States.
(8) Transitional signal intensity measurement procedures.--
(A) In general.--Subject to subparagraph (C), upon a
challenge by a network station regarding whether a subscriber is
an unserved household within the predicted Grade B Contour of
the station, the satellite carrier shall, within 60 days after
the receipt of the challenge--
(i) terminate service to that household of the signal
that is the subject of the challenge, and within 30 days
thereafter notify the network station that made the
challenge that service to that household has been
terminated; or
(ii) conduct a measurement of the signal intensity of
the subscriber's household to determine whether the
household is an unserved household after giving reasonable
notice to the network station of the satellite carrier's
intent to conduct the measurement.
(B) Effect of measurement.--If the satellite carrier
conducts a signal intensity measurement under subparagraph (A)
and the measurement indicates that--
(i) the household is not an unserved household, the
satellite carrier shall, within 60 days after the
measurement is conducted, terminate the service to that
household of the signal that is the subject of the
challenge, and within 30 days thereafter notify the network
station that made the challenge that service to that
household has been terminated; or
(ii) the household is an unserved household, the station
challenging the service shall reimburse the satellite
carrier for the costs of the signal measurement within 60
days after receipt of the measurement results and a
statement of the costs of the measurement.
(C) Limitation on measurements.--(i) Notwithstanding
subparagraph (A), a satellite carrier may not be required to
conduct signal intensity measurements during any calendar year
in excess of 5 percent of the number of subscribers within the
network station's local market that have subscribed to the
service as of the effective date of the Satellite Home Viewer
Act of 1994.
(ii) If a network station challenges whether a subscriber is
an unserved household in excess of 5 percent of the subscribers
within the network station's local market within a calendar
year, subparagraph (A) shall not apply to challenges in excess
of such 5 percent, but the station may conduct its own signal
intensity measurement of the subscriber's household after giving
reasonable notice to the satellite carrier of the network
station's intent to conduct the measurement. If such measurement
indicates that the household is not an unserved household, the
carrier shall, within 60 days after receipt of the measurement,
terminate service to the household of the signal that is the
subject of the challenge and within 30 days thereafter notify
the network station that made the challenge that service has
been terminated. The carrier shall also, within 60 days after
receipt of the measurement and a statement of the costs of the
measurement, reimburse the network station for the cost it
incurred in conducting the measurement.
(D) Outside the predicted grade b contour.--(i) If a network
station challenges whether a subscriber is an unserved household
outside the predicted Grade B Contour of the station, the
station may conduct a measurement of the signal intensity of the
subscriber's household to determine whether the household is an
unserved household after giving reasonable notice to the
satellite carrier of the network station's intent to conduct the
measurement.
(ii) If the network station conducts a signal intensity
measurement under clause (i) and the measurement indicates
that--
(I) the household is not an unserved household, the
station shall forward the results to the satellite carrier
who shall, within 60 days after receipt of the measurement,
terminate the service to the household of the signal that is
the subject of the challenge, and shall reimburse the
station for the costs of the measurement within 60 days
after receipt of the measurement results and a statement of
such costs; or
(II) the household is an unserved household, the station
shall pay the costs of the measurement.
(9) Loser pays for signal intensity measurement; recovery of
measurement costs in a civil action.--In any civil action filed
relating to the eligibility of subscribing households as unserved
households--
(A) a network station challenging such eligibility shall,
within 60 days after receipt of the measurement results and a
statement of such costs, reimburse the satellite carrier for any
signal intensity measurement that is conducted by that carrier
in response to a challenge by the network station and that
establishes the household is an unserved household; and
(B) a satellite carrier shall, within 60 days after receipt
of the measurement results and a statement of such costs,
reimburse the network station challenging such eligibility for
any signal intensity measurement that is conducted by that
station and that establishes the household is not an unserved
household.
(10) Inability to conduct measurement.--If a network station
makes a reasonable attempt to conduct a site measurement of its
signal at a subscriber's household and is denied access for the
purpose of conducting the measurement, and is otherwise unable to
conduct a measurement, the satellite carrier shall within 60 days
notice thereof, terminate service of the station's network to that
household.
(11) Service to recreational vehicles and commercial trucks.--
(A) Exemption.--
(i) In general.--For purposes of this subsection, and
subject to clauses (ii) and (iii), the term ``unserved
household'' shall include--
(I) recreational vehicles as defined in regulations
of the Secretary of Housing and Urban Development under
section 3282.8 of title 24 of the Code of Federal
Regulations; and
(II) commercial trucks that qualify as commercial
motor vehicles under regulations of the Secretary of
Transportation under section 383.5 of title 49 of the
Code of Federal Regulations.
(ii) Limitation.--Clause (i) shall apply only to a
recreational vehicle or commercial truck if any satellite
carrier that proposes to make a secondary transmission of a
network station to the operator of such a recreational
vehicle or commercial truck complies with the documentation
requirements under subparagraphs (B) and (C).
(iii) Exclusion.--For purposes of this subparagraph, the
terms ``recreational vehicle'' and ``commercial truck''
shall not include any fixed dwelling, whether a mobile home
or otherwise.
(B) Documentation requirements.--A recreational vehicle or
commercial truck shall be deemed to be an unserved household
beginning 10 days after the relevant satellite carrier provides
to the network that owns or is affiliated with the network
station that will be secondarily transmitted to the recreational
vehicle or commercial truck the following documents:
(i) Declaration.--A signed declaration by the operator
of the recreational vehicle or commercial truck that the
satellite dish is permanently attached to the recreational
vehicle or commercial truck, and will not be used to receive
satellite programming at any fixed dwelling.
(ii) Registration.--In the case of a recreational
vehicle, a copy of the current State vehicle registration
for the recreational vehicle.
(iii) Registration and license.--In the case of a
commercial truck, a copy of--
(I) the current State vehicle registration for the
truck; and
(II) a copy of a valid, current commercial driver's
license, as defined in regulations of the Secretary of
Transportation under section 383 of title 49 of the Code
of Federal Regulations, issued to the operator.
(C) Updated documentation requirements.--If a satellite
carrier wishes to continue to make secondary transmissions to a
recreational vehicle or commercial truck for more than a 2-year
period, that carrier shall provide each network, upon request,
with updated documentation in the form described under
subparagraph (B) during the 90 days before expiration of that 2-
year period.
(12) Statutory license contingent on compliance with fcc rules
and remedial steps.--Notwithstanding any other provision of this
section, the willful or repeated secondary transmission to the
public by a satellite carrier of a primary transmission embodying a
performance or display of a work made by a broadcast station
licensed by the Federal Communications Commission 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, at
the time of such transmission, the satellite carrier is not in
compliance with the rules, regulations, and authorizations of the
Federal Communications Commission concerning the carriage of
television broadcast station signals.
(b) Statutory License for Secondary Transmissions for Private Home
Viewing.--
(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 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 superstations
and network stations whose signals were retransmitted, at any
time during that period, to subscribers for private home viewing
as described in subsections (a)(1) and (a)(2), the total number
of subscribers that received such retransmissions, 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 by--
(i) multiplying the total number of subscribers
receiving each secondary transmission of a superstation
during each calendar month by 17.5 cents per subscriber in
the case of superstations that as retransmitted by the
satellite carrier include any program which, if delivered by
any cable system in the United States, would be subject to
the syndicated exclusivity rules of the Federal
Communications Commission, and 14 cents per subscriber in
the case of superstations that are syndex-proof as defined
in section 258.2 of title 37, Code of Federal Regulations;
(ii) multiplying the number of subscribers receiving
each secondary transmission of a network station or the
Public Broadcasting Service satellite feed during each
calendar month by 6 cents; and
(iii) adding together the totals computed under clauses
(i) and (ii).
(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. All 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.
(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 for private home viewing 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).
(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 for private home
viewing shall file a claim with the Librarian of Congress, in
accordance with requirements that the Librarian of Congress
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 of Congress
determines that no such controversy exists, the Librarian of
Congress 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 of Congress finds the existence of a
controversy, the Librarian of Congress shall, pursuant to
chapter 8 of this title, convene a copyright arbitration royalty
panel to determine the distribution of royalty 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) Adjustment of Royalty Fees.--
(1) Applicability and determination of royalty fees.--The rate
of the royalty fee payable under subsection (b)(1)(B) shall be
effective unless a royalty fee is established under paragraph (2) or
(3) of this subsection.
(2) Fee set by voluntary negotiation.--
(A) Notice of initiation of proceedings.--On or before July
1, 1996, the Librarian of Congress shall cause notice to be
published in the Federal Register of the initiation of voluntary
negotiation proceedings for the purpose of determining the
royalty fee to be paid by satellite carriers under subsection
(b)(1)(B).
(B) Negotiations.--Satellite carriers, distributors, and
copyright owners entitled to royalty fees under this section
shall negotiate in good faith in an effort to reach a voluntary
agreement or voluntary agreements for the payment of royalty
fees. Any such satellite carriers, distributors, and copyright
owners may at any time negotiate and agree to the royalty fee,
and may designate common agents to negotiate, agree to, or pay
such fees. If the parties fail to identify common agents, the
Librarian of Congress shall do so, after requesting
recommendations from the parties to the negotiation proceeding.
The parties to each negotiation proceeding shall bear the entire
cost thereof.
(C) Agreements binding on parties; filing of agreements.--
Voluntary agreements negotiated at any time in accordance with
this paragraph shall be binding upon all satellite carriers,
distributors, and copyright owners that are parties thereto.
Copies of such agreements shall be filed with the Copyright
Office within 30 days after execution in accordance with
regulations that the Register of Copyrights shall prescribe.
(D) Period agreement is in effect.--The obligation to pay
the royalty fees established under a voluntary agreement which
has been filed with the Copyright Office in accordance with this
paragraph shall become effective on the date specified in the
agreement, and shall remain in effect until December 31, 1999,
or in accordance with the terms of the agreement, whichever is
later.
(3) Fee set by compulsory arbitration.--
(A) Notice of initiation of proceedings.--On or before
January 1, 1997, the Librarian of Congress shall cause notice to
be published in the Federal Register of the initiation of
arbitration proceedings for the purpose of determining a
reasonable royalty fee to be paid under subsection (b)(1)(B) by
satellite carriers who are not parties to a voluntary agreement
filed with the Copyright Office in accordance with paragraph
(2). Such arbitration proceeding shall be conducted under
chapter 8.
(B) Establishment of royalty fees.--In determining royalty
fees under this paragraph, the copyright arbitration royalty
panel appointed under chapter 8 shall establish fees for the
retransmission of network stations and superstations that most
clearly represent the fair market value of secondary
transmissions. In determining the fair market value, the panel
shall base its decision on economic, competitive, and
programming information presented by the parties, including--
(i) the competitive environment in which such
programming is distributed, the cost of similar signals in
similar private and compulsory license marketplaces, and any
special features and conditions of the retransmission
marketplace;
(ii) the economic impact of such fees on copyright
owners and satellite carriers; and
(iii) the impact on the continued availability of
secondary transmissions to the public.
(C) Period during which decision of arbitration panel or
order of librarian effective.--The obligation to pay the royalty
fee established under a determination which--
(i) is made by a copyright arbitration royalty panel in
an arbitration proceeding under this paragraph and is
adopted by the Librarian of Congress under section 802(f),
or
(ii) is established by the Librarian of Congress under
section 802(f),
shall become effective as provided in section 802(g) or July 1,
1997, whichever is later.
(D) Persons subject to royalty fee.--The royalty fee
referred to in subparagraph (C) shall be binding on all
satellite carriers, distributors, and copyright owners, who are
not party to a voluntary agreement filed with the Copyright
Office under paragraph (2).
(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 and public broadcasting satellite feed.--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 satellite feed,
the Public Broadcasting Service shall be the agent for all public
television copyright claimants and all Public Broadcasting Service
member stations.
(d) Definitions.--As used 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 for private home viewing or indirectly
through other program distribution entities.
(2) Network station.--The term ``network station'' means--
(A) a television broadcast station, including any translator
station or terrestrial satellite station that rebroadcasts all
or substantially all of the programming broadcast by a network
station, that is owned or operated by, or affiliated with, one
or more of the television networks in the United States which
offer an interconnected program service on a regular basis for
15 or more hours per week to at least 25 of its affiliated
television licensees in 10 or more States; or
(B) a noncommercial educational broadcast station (as
defined in section 397 of the Communications Act of 1934);
except that the term does not include the signal of the Alaska Rural
Communications Service, or any successor entity to that service.
(3) Primary network station.--The term ``primary network
station'' means a network station that broadcasts or rebroadcasts
the basic programming service of a particular national network.
(4) Primary transmission.--The term ``primary transmission'' has
the meaning given that term in section 111(f) of this title.
(5) Private home viewing.--The term ``private home viewing''
means the viewing, for private use in a household by means of
satellite reception equipment which is operated by an individual in
that household and which serves only such household, of a secondary
transmission delivered by a satellite carrier of a primary
transmission of a television station licensed by the Federal
Communications Commission.
(6) Satellite carrier.--The term ``satellite carrier'' means an
entity that uses the facilities of a satellite or satellite service
licensed by the Federal Communications 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 the
Communications Act of 1934, other than for private home viewing.
(7) Secondary transmission.--The term ``secondary transmission''
has the meaning given that term in section 111(f) of this title.
(8) Subscriber.--The term ``subscriber'' means an individual who
receives a secondary transmission service for private home viewing
by means of a secondary transmission from a satellite carrier and
pays a fee for the service, directly or indirectly, to the satellite
carrier or to a distributor.
(9) Superstation.--The term ``superstation''--
(A) means a television broadcast station, other than a
network station, licensed by the Federal Communications
Commission that is secondarily transmitted by a satellite
carrier; and
(B) except for purposes of computing the royalty fee,
includes the Public Broadcasting Service satellite feed.
(10) Unserved household.--The term ``unserved household'', with
respect to a particular television network, means a household that--
(A) cannot receive, through the use of a conventional,
stationary, outdoor rooftop receiving antenna, an over-the-air
signal of a primary network station affiliated with that network
of Grade B intensity as defined by the Federal Communications
Commission under section 73.683(a) of title 47 of the Code of
Federal Regulations, as in effect on January 1, 1999;
(B) is subject to a waiver granted under regulations
established under section 339(c)(2) of the Communications Act of
1934;
(C) is a subscriber to whom subsection (e) applies;
(D) is a subscriber to whom subsection (a)(11) applies; or
(E) is a subscriber to whom the exemption under subsection
(a)(2)(B)(iii) applies.
(11) Local market.--The term ``local market'' has the meaning
given such term under section 122(j).
(12) Public broadcasting service satellite feed.--The term
``Public Broadcasting Service satellite feed'' means the national
satellite feed distributed and designated for purposes of this
section by the Public Broadcasting Service consisting of educational
and informational programming intended for private home viewing, to
which the Public Broadcasting Service holds national terrestrial
broadcast rights.
(e) Moratorium on Copyright Liability.--Until December 31, 2004, a
subscriber who does not receive a signal of Grade A intensity (as
defined in the regulations of the Federal Communications Commission
under section 73.683(a) of title 47 of the Code of Federal Regulations,
as in effect on January 1, 1999, or predicted by the Federal
Communications Commission using the Individual Location Longley-Rice
methodology described by the Federal Communications Commission in Docket
No. 98-201) of a local network television broadcast station shall remain
eligible to receive signals of network stations affiliated with the same
network, if that subscriber had satellite service of such network signal
terminated after July 11, 1998, and before October 31, 1999, as required
by this section, or received such service on October 31, 1999.
(Added Pub. L. 100-667, title II, Sec. 202(2), Nov. 16, 1988, 102 Stat.
3949; amended Pub. L. 103-198, Sec. 5, Dec. 17, 1993, 107 Stat. 2310;
Pub. L. 103-369, Sec. 2, Oct. 18, 1994, 108 Stat. 3477; Pub. L. 104-39,
Sec. 5(c), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105-80, Secs. 1,
12(a)(8), Nov. 13, 1997, 111 Stat. 1529, 1535; Pub. L. 106-44,
Sec. 1(g)(4), Aug. 5, 1999, 113 Stat. 222; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title I, Secs. 1004-1007, 1008(b), 1011(b)(2), (c)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-527 to 1501A-531, 1501A-537, 1501A-
543, 1501A-544; Pub. L. 107-273, div. C, title III, Secs. 13209,
13210(1), (8), Nov. 2, 2002, 116 Stat. 1908, 1909.)
Termination of Section
For termination of section by section 4(a) of Pub. L. 103-369,
see Termination of Section note below.
References in Text
For effective date of the Satellite Home Viewer Act of 1994,
referred to in subsec. (a)(8)(C)(i), see section 6 of Pub. L. 103-369,
set out as an Effective and Termination Dates of 1994 Amendment note
below.
The Communications Act of 1934, referred to in subsec. (d)(6), is
act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is
classified principally to chapter 5 (Sec. 151 et seq.) of Title 47,
Telegraphs, Telephones, and Radiotelegraphs. Sections 339 and 397 of the
Act are classified to sections 339 and 397, respectively, of Title 47.
For complete classification of this Act to the Code, see section 609 of
Title 47 and Tables.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-273, Sec. 13209(3)(B), amended
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(A)]. See 1999
Amendment note below.
Pub. L. 107-273, Sec. 13209(3)(A), amended Pub. L. 106-113,
Sec. 1000(a)(9) [title I, Sec. 1006(a)]. See 1999 Amendment note below.
Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 13209(1)(A), made technical
correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9)
[title I, Sec. 1007(2)]. See 1999 Amendment note below.
Subsec. (a)(6). Pub. L. 107-273, Sec. 13210(1), substituted ``of a
performance'' for ``of performance''.
Subsec. (a)(12). Pub. L. 107-273, Sec. 13209(1)(B), made technical
correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9)
[title I, Sec. 1007(3)]. See 1999 Amendment note below.
Subsec. (b)(1)(A). Pub. L. 107-273, Sec. 13210(8), substituted
``retransmitted'' for ``transmitted'' and ``retransmissions'' for
``transmissions''.
Subsec. (b)(1)(B)(ii). Pub. L. 107-273, Sec. 13209(2), made
technical correction to directory language of Pub. L. 106-113,
Sec. 1000(a)(9) [title I, Sec. 1006(b)]. See 1999 Amendment note below.
1999--Subsec. (a)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(A)], as amended by Pub. L. 107-273, Sec. 13209(3)(B),
substituted ``performance or display of a work embodied in a primary
transmission made by a superstation or by the Public Broadcasting
Service satellite feed'' for ``primary transmission made by a
superstation and embodying a performance or display of a work''.
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(1)], inserted
``with regard to secondary transmissions the satellite carrier is in
compliance with the rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television broadcast
station signals,'' after ``satellite carrier to the public for private
home viewing,''.
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)], as amended
by Pub. L. 107-273, Sec. 13209(3)(A), in heading substituted
``Superstations and pbs satellite feed'' for ``Superstations'' and in
text inserted ``In the case of the Public Broadcasting Service satellite
feed, the statutory license shall be effective until January 1, 2002.''
at end. Pub. L. 107-273, Sec. 13209(3)(A)(ii), which repealed Pub. L.
106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)(2)], was executed by
striking out ``or by the Public Broadcasting Service satellite feed''
which had been inserted by section 1006(a)(2) after ``of a primary
transmission made by a superstation'', to reflect the probable intent of
Congress.
Subsec. (a)(2)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(A)], substituted ``a performance or display of a work
embodied in a primary transmission made by a network station'' for
``programming contained in a primary transmission made by a network
station and embodying a performance or display of a work''.
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(2)], as amended
by Pub. L. 107-273, Sec. 13209(1)(A), inserted ``with regard to
secondary transmissions the satellite carrier is in compliance with the
rules, regulations, or authorizations of the Federal Communications
Commission governing the carriage of television broadcast station
signals,'' after ``satellite carrier to the public for private home
viewing,''.
Subsec. (a)(2)(B). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(a)(2)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: ``The statutory
license provided for in subparagraph (A) shall be limited to secondary
transmissions to persons who reside in unserved households.''
Subsec. (a)(2)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(c)], struck out ``currently'' after ``all subscribers to which
the satellite carrier'' in first sentence.
Subsec. (a)(4). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(C)], inserted ``a performance or display of a work
embodied in'' after ``by a satellite carrier of'' and struck out ``and
embodying a performance or display of a work'' after ``network
station''.
Subsec. (a)(5)(E). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(b)], added subpar. (E).
Subsec. (a)(6). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(D)], inserted ``performance or display of a work
embodied in'' after ``by a satellite carrier of'' and struck out ``and
embodying a performance or display of a work'' after ``network
station''.
Subsec. (a)(8)(C)(ii). Pub. L. 106-44 substituted ``within the
network station's'' for ``within the network's station'' in first
sentence.
Subsec. (a)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(d)], added par. (11).
Subsec. (a)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1007(3)], as amended by Pub. L. 107-273, Sec. 13209(1)(B), added
par. (12).
Subsec. (b)(1)(B)(ii). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1006(b)], as amended by Pub. L. 107-273, Sec. 13209(2), inserted
``or the Public Broadcasting Service satellite feed'' after ``network
station''.
Subsec. (c)(4), (5). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1004], added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1008(b)], substituted a semicolon for the period at end of subpar.
(B) and inserted concluding provisions.
Subsec. (d)(9). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1006(c)(1)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: ``The term
`superstation' means a television broadcast station, other than a
network station, licensed by the Federal Communications Commission that
is secondarily transmitted by a satellite carrier.''
Subsec. (d)(10). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(a)(1)], added par. (10) and struck out heading and text of
former par. (10). Text read as follows: ``The term `unserved household',
with respect to a particular television network, means a household
that--
``(A) cannot receive, through the use of a conventional outdoor
rooftop receiving antenna, an over-the-air signal of grade B
intensity (as defined by the Federal Communications Commission) of a
primary network station affiliated with that network, and
``(B) has not, within 90 days before the date on which that
household subscribes, either initially or on renewal, to receive
secondary transmissions by a satellite carrier of a network station
affiliated with that network, subscribed to a cable system that
provides the signal of a primary network station affiliated with
that network.''
Subsec. (d)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(e)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: ``The term `local
market' means the area encompassed within a network station's predicted
Grade B contour as that contour is defined by the Federal Communications
Commission.''
Subsec. (d)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1006(c)(2)], added par. (12).
Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(c)], amended heading and text of subsec. (e) generally. Prior
to amendment, text read as follows: ``No provision of section 111 of
this title or any other law (other than this section) shall be construed
to contain any authorization, exemption, or license through which
secondary transmissions by satellite carrier for private home viewing of
programming contained in a primary transmission made by a superstation
or a network station may be made without obtaining the consent of the
copyright owner.''
1997--Subsec. (a)(5)(C). Pub. L. 105-80, Sec. 1(3), amended Pub. L.
103-369, Sec. 2(5)(A). See 1994 Amendment note below.
Subsec. (b)(1)(B)(i). Pub. L. 105-80, Sec. 1(1), amended Pub. L.
103-369, Sec. 2(3)(A). See 1994 Amendment note below.
Subsec. (c)(1). Pub. L. 105-80, Sec. 12(a)(8), which directed
substitution of ``unless'' for ``until unless'' before ``a royalty
fee'', could not be executed because ``until'' did not appear subsequent
to amendment by Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub. L.
105-80, Sec. 1(2). See 1994 Amendment note below.
Pub. L. 105-80, Sec. 1(2), amended Pub. L. 103-369, Sec. 2(4)(A).
See 1994 Amendment note below.
Subsec. (c)(2)(A), (D), (3)(A)-(C). Pub. L. 105-80, Sec. 1(2),
amended Pub. L. 103-369, Sec. 2(4). See 1994 Amendment notes below.
1995--Subsec. (a)(1), (2)(A). Pub. L. 104-39 inserted ``and section
114(d)'' after ``of this subsection''.
1994--Subsec. (a)(2)(C). Pub. L. 103-369, Sec. 2(1), struck out ``90
days after the effective date of the Satellite Home Viewer Act of 1988,
or'' before ``90 days after commencing'', ``whichever is later,'' before
``submit to the network that owns'', and ``, on or after the effective
date of the Satellite Home Viewer Act of 1988,'' after ``Register of
Copyrights'', and inserted ``name and'' after ``identifying (by'' in two
places.
Subsec. (a)(5)(C). Pub. L. 103-369, Sec. 2(5)(A), as amended by Pub.
L. 105-80, Sec. 1(3), substituted ``November 16, 1988'' for ``the date
of the enactment of the Satellite Home Viewer Act of 1988''.
Subsec. (a)(5)(D). Pub. L. 103-369, Sec. 2(2), added subpar. (D).
Subsec. (a)(8) to (10). Pub. L. 103-369, Sec. 2(5)(B), added pars.
(8) to (10).
Subsec. (b)(1)(B)(i). Pub. L. 103-369, Sec. 2(3)(A), as amended by
Pub. L. 105-80, Sec. 1(1), substituted ``17.5 cents per subscriber in
the case of superstations that as retransmitted by the satellite carrier
include any program which, if delivered by any cable system in the
United States, would be subject to the syndicated exclusivity rules of
the Federal Communications Commission, and 14 cents per subscriber in
the case of superstations that are syndex-proof as defined in section
258.2 of title 37, Code of Federal Regulations'' for ``12 cents''.
Subsec. (b)(1)(B)(ii). Pub. L. 103-369, Sec. 2(3)(B), substituted
``6 cents'' for ``3 cents''.
Subsec. (c)(1). Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub. L.
105-80, Sec. 1(2), struck out ``until December 31, 1992,'' before
``unless a royalty fee'', substituted ``paragraph (2) or (3) of this
subsection'' for ``paragraph (2), (3), or (4) of this subsection'', and
struck out at end ``After that date, the fee shall be determined either
in accordance with the voluntary negotiation procedure specified in
paragraph (2) or in accordance with the compulsory arbitration procedure
specified in paragraphs (3) and (4).''
Subsec. (c)(2)(A). Pub. L. 103-369, Sec. 2(4)(B)(i), as amended by
Pub. L. 105-80, Sec. 1(2), substituted ``July 1, 1996'' for ``July 1,
1991''.
Subsec. (c)(2)(D). Pub. L. 103-369, Sec. 2(4)(B)(ii), as amended by
Pub. L. 105-80, Sec. 1(2), substituted ``December 31, 1999, or in
accordance with the terms of the agreement, whichever is later'' for
``December 31, 1994''.
Subsec. (c)(3)(A). Pub. L. 103-369, Sec. 2(4)(C)(i), as amended by
Pub. L. 105-80, Sec. 1(2), substituted ``January 1, 1997'' for
``December 31, 1991''.
Subsec. (c)(3)(B). Pub. L. 103-369, Sec. 2(4)(C)(ii), as amended by
Pub. L. 105-80, Sec. 1(2), amended subpar. (B) generally. Prior to
amendment, subpar. (B) read as follows:
``(B) Factors for determining royalty fees.--In determining royalty
fees under this paragraph, the copyright arbitration royalty panel
appointed under chapter 8 shall consider the approximate average cost to
a cable system for the right to secondarily transmit to the public a
primary transmission made by a broadcast station, the fee established
under any voluntary agreement filed with the Copyright Office in
accordance with paragraph (2), and the last fee proposed by the parties,
before proceedings under this paragraph, for the secondary transmission
of superstations or network stations for private home viewing. The fee
shall also be calculated to achieve the following objectives:
``(i) To maximize the availability of creative works to the
public.
``(ii) To afford the copyright owner a fair return for his or
her creative work and the copyright user a fair income under
existing economic conditions.
``(iii) To reflect the relative roles of the copyright owner and
the copyright user in the product made available to the public with
respect to relative creative contribution, technological
contribution, capital investment, cost, risk, and contribution to
the opening of new markets for creative expression and media for
their communication.
``(iv) To minimize any disruptive impact on the structure of the
industries involved and on generally prevailing industry
practices.''
Subsec. (c)(3)(C). Pub. L. 103-369, Sec. 2(4)(C)(iii), as amended by
Pub. L. 105-80, Sec. 1(2), inserted before period at end ``or July 1,
1997, whichever is later''.
Subsec. (d)(2). Pub. L. 103-369, Sec. 2(6)(A), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
``(2) Network station.--The term `network station' has the meaning
given that term in section 111(f) of this title, and includes any
translator station or terrestrial satellite station that rebroadcasts
all or substantially all of the programming broadcast by a network
station.''
Subsec. (d)(6). Pub. L. 103-369, Sec. 2(6)(B), inserted ``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'' after
``Federal Communications Commission''.
Subsec. (d)(11). Pub. L. 103-369, Sec. 2(6)(C), added par. (11).
1993--Subsec. (b)(1). Pub. L. 103-198, Sec. 5(1)(A), struck out ``,
after consultation with the Copyright Royalty Tribunal,'' in
introductory provisions after ``Register shall'' and in subpar. (A)
after ``Copyrights may''.
Subsec. (b)(2), (3). Pub. L. 103-198, Sec. 5(1)(B), (C), substituted
``Librarian of Congress'' for ``Copyright Royalty Tribunal''.
Subsec. (b)(4). Pub. L. 103-198, Sec. 5(1)(D), in subpar. (A),
substituted ``Librarian of Congress'' for ``Copyright Royalty Tribunal''
after ``claim with the'' and for ``Tribunal'' after ``requirements that
the'', in subpar. (B), substituted ``Librarian of Congress'' for
``Copyright Royalty Tribunal'' before ``shall determine'' and for
``Tribunal'' wherever else appearing, and substituted ``convene a
copyright arbitration royalty panel'' for ``conduct a proceeding'', and
in subpar. (C), substituted ``Librarian of Congress'' for ``Copyright
Royalty Tribunal''.
Subsec. (c). Pub. L. 103-198, Sec. 5(2)(A), substituted
``Adjustment'' for ``Determination'' in heading.
Subsec. (c)(2). Pub. L. 103-198, Sec. 5(2)(B), substituted
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' in subpars.
(A) and (B).
Subsec. (c)(3)(A). Pub. L. 103-198, Sec. 5(2)(C)(i), substituted
``Librarian of Congress'' for ``Copyright Royalty Tribunal'' and
substituted last sentence for former last sentence which read as
follows: ``Such notice shall include the names and qualifications of
potential arbitrators chosen by the Tribunal from a list of available
arbitrators obtained from the American Arbitration Association or such
similar organization as the Tribunal shall select.''
Subsec. (c)(3)(B). Pub. L. 103-198, Sec. 5(2)(C)(ii), (iii),
redesignated subpar. (D) as (B), substituted ``copyright arbitration
royalty panel appointed under chapter 8'' for ``Arbitration Panel'' in
introductory provisions, and struck out former subpar. (B) which
provided for the selection of an Arbitration Panel.
Subsec. (c)(3)(C). Pub. L. 103-198, Sec. 5(2)(C)(ii), (v),
redesignated subpar. (G) as (C), amended subpar. generally, substituting
provisions relating to period during which decision of arbitration panel
or order of Librarian of Congress becomes effective for provisions
relating to period during which decision of Arbitration Panel or order
of Copyright Royalty Tribunal became effective, and struck out former
subpar. (C) which related to proceedings in arbitration.
Subsec. (c)(3)(D). Pub. L. 103-198, Sec. 5(2)(C)(vi), redesignated
subpar. (H) as (D) and substituted ``referred to in subparagraph (C)''
for ``adopted or ordered under subparagraph (F)''. Former subpar. (D)
redesignated (B).
Subsec. (c)(3)(E) to (H). Pub. L. 103-198, Sec. 5(2)(C)(iv)-(vi)(I),
struck out subpar. (E) which required the Arbitration Panel to report to
the Copyright Royalty Tribunal not later than 60 days after publication
of notice initiating an arbitration proceeding, struck out subpar. (F)
which required action by the Tribunal within 60 days after receiving the
report by the Panel, and redesignated subpars. (G) and (H) as (C) and
(D), respectively.
Subsec. (c)(4). Pub. L. 103-198, Sec. 5(2)(D), struck out par. (4)
which established procedures for judicial review of decisions of the
Copyright Royalty Tribunal.
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title I, Secs. 1004, 1006] of Pub.
L. 106-113 effective July 1, 1999, and amendment by section 1000(a)(9)
[title I, Secs. 1005, 1007, 1008(b), 1011(b)(2), (c)] of Pub. L. 106-113
effective Nov. 29, 1999, see section 1000(a)(9) [title I, Sec. 1012] of
Pub. L. 106-113, set out as a note under section 101 of this title.
Effective Date of 1997 Amendment
Section 13 of Pub. L. 105-80 provided that:
``(a) In General.--Except as provided in subsections (b) and (c),
the amendments made by this Act [amending this section, sections 101,
104A, 108 to 110, 114 to 116, 303, 304, 405, 407, 411, 504, 509, 601,
708, 801 to 803, 909, 910, 1006, and 1007 of this title, and section
2319 of Title 18, Crimes and Criminal Procedure, and amending provisions
set out as a note under section 914 of this title] shall take effect on
the date of the enactment of this Act [Nov. 13, 1997].
``(b) Satellite Home Viewer Act.--The amendments made by section 1
[amending this section] shall be effective as if enacted as part of the
Satellite Home Viewer Act of 1994 (Public Law 103-369).
``(c) Technical Amendment.--The amendment made by section 12(b)(1)
[amending provisions set out as a note under section 914 of this title]
shall be effective as if enacted on November 9, 1987.''
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-39 effective 3 months after Nov. 1, 1995,
see section 6 of Pub. L. 104-39, set out as a note under section 101 of
this title.
Effective and Termination Dates of 1994 Amendment
Section 6 of Pub. L. 103-369 provided that:
``(a) In General.--Except as provided in subsections (b) and (d),
this Act [amending this section and section 111 of this title, enacting
provisions set out as notes under this section and section 101 of this
title, and repealing provisions set out as a note under this section]
and the amendments made by this Act take effect on the date of the
enactment of this Act [Oct. 18, 1994].
``(b) Burden of Proof Provisions.--The provisions of section
119(a)(5)(D) of title 17, United States Code (as added by section 2(2)
of this Act) relating to the burden of proof of satellite carriers,
shall take effect on January 1, 1997, with respect to civil actions
relating to the eligibility of subscribers who subscribed to service as
an unserved household before the date of the enactment of this Act.
``(c) Transitional Signal Intensity Measurement Procedures.--The
provisions of section 119(a)(8) of title 17, United States Code (as
added by section 2(5) of this Act), relating to transitional signal
intensity measurements, shall cease to be effective on December 31,
1996.
``(d) Local Service Area of a Primary Transmitter.--The amendment
made by section 3(b) [amending section 111 of this title], relating to
the definition of the local service area of a primary transmitter, shall
take effect on July 1, 1994.''
Effective Date
Section 206 of title II of Pub. L. 100-667 provided that: ``This
title and the amendments made by this title [enacting this section and
sections 612 and 613 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending sections 111, 501, 801, and 804 of this title
and section 605 of Title 47, and enacting provisions set out as notes
under this section and section 101 of this title] take effect on January
1, 1989, except that the authority of the Register of Copyrights to
issue regulations pursuant to section 119(b)(1) of title 17, United
States Code, as added by section 202 of this Act, takes effect on the
date of the enactment of this Act [Nov. 16, 1988].''
Section 207 of title II of Pub. L. 100-667 provided that this title
and the amendments made by this title (other than the amendments made by
section 205 [amending section 605 of Title 47]) cease to be effective on
Dec. 31, 1994, prior to repeal by Pub. L. 103-369, Sec. 4(b), Oct. 18,
1994, 108 Stat. 3481.
Termination of Section
Section 4(a) of Pub. L. 103-369, as amended by Pub. L. 106-113, div.
B, Sec. 1000(a)(9) [title I, Sec. 1003], Nov. 29, 1999, 113 Stat. 1536,
1501A-527, provided that: ``Section 119 of title 17, United States Code,
as amended by section 2 of this Act, ceases to be effective on December
31, 2004.''
Applicability of 1994 Amendment
Section 5 of Pub. L. 103-369 provided that: ``The amendments made by
this section apply only to section 119 of title 17, United States
Code.''
Section Referred to in Other Sections
This section is referred to in sections 106, 111, 122, 501, 511,
801, 802, 803 of this title; title 18 section 2319; title 47 sections
325, 338, 339, 548.
