WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/USA/C/4 
17 August 2012 
 
 (12-4480) 
Council for Trade-Related Aspects  of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
UNITED STATES 
 
 The present document reproduces the text
1 of the Satellite Television Extension and Localism 
Act of 2010, which entered into force on 27 February 2010, as notified by the United States on 20 June 2012 under Article 63.2 of the Ag reement (see document IP/N/1/USA/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ÉTATS-UNIS 
 
 Le présent document contient le texte1 de la Loi de 2010 sur l'exte nsion de la télévision par 
satellite et le localisme, qui est entrée en vigueur le 27 février 2010, et a été notifiée par les États-Unis 
le 20 juin 2012 au titre de l'article 63:2 de  l'Accord (voir le document IP/N/1/USA/5). 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ESTADOS UNIDOS 
  En el presente documento se reproduce el texto
1 de la Ley de 2010 sobre la ampliación y el 
localismo de las retransmisiones de televisión por sat élite, que entró en vigor el 27 de febrero de 2010, 
notificado por los Estados Unidos el 20 de junio de 2012 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/USA/5).  
                                                      
1 In English only./En anglais seulement./En inglés solamente.     
   IP/N/1/USA/C/4 
 Page 3 
 
 
   
    
 
  
PUBLIC LAW 111-175 – MAY 27, 2010 
 
 
    
 
     
 
 
SATELLITE TELEVISION EXTENSION 
AND LOCALISM ACT OF 2010 
 
 
     
    IP/N/1/USA/C/4 
 Page 5 
 
 
   
124 STAT. 1218    PUBLIC LAW 111–175—MAY 27, 2010  
 
 
 
 
 
 
 
 
May 27, 2010 
[S. 3333] 
 
 
Satellite 
Television 
Extension and 
Localism Act of 2010. 
 
17 USC 101 
note. 
 Public Law 111–175 
111th Congress 
  
An Act 
 
To extend the statutory license for secondary transmissions under title 17, 
United States Code, and for other purposes. 
  Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
 
 (a) SHORT TITLE.—This Act may be cited as the "Satellite 
Television Extension and Localism Act of 2010". 
 (b) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
 
Sec. 1. Short title; table of contents.  
TITLE I—STATUTORY LICENSES 
 Sec. 101.  Reference. 
Sec. 102.  Modifications to statutory license for satellite carriers. 
Sec. 103.  Modifications to statutory license for satellite carriers in local 
markets. 
Sec. 104.  Modifications to cable system secondary transmission rights 
under section 111. 
Sec. 105. Certain waivers granted to providers of local-into-local service for 
all DMAs. 
Sec. 106.  Copyright Office fees. Sec. 107.  Termination of license. 
Sec. 108.  Construction. 
 
TITLE II—COMMUNICATIONS PROVISIONS 
 Sec. 201.  Reference. 
Sec. 202.  Extension of authority. 
Sec. 203.  Significantly viewed stations. Sec. 204.  Digital television transition conforming amendments. 
Sec. 205.  Application pending completion of rulemakings. 
Sec. 206.  Process for issuin g qualified carrier certification. 
Sec. 207.  Nondiscrimination in carriage of high definition digital signals of 
non-commercial educationa l television stations. 
Sec. 208.  Savings clause regarding definitions. Sec. 209.  State public affairs broadcasts. 
  IP/N/1/USA/C/4 
Page 6  
 
   TITLE III—REPORTS AND SAVINGS PROVISION 
 Sec. 301. Definition. 
Sec. 302.  Report on market based alternatives to statutory licensing. 
Sec. 303. Report on communications implications of statutory    licensing modifications. 
Sec. 304.  Report on in-state broadcast programming. 
Sec. 305.  Local network channel broadcast reports. 
Sec. 306.  Savings provision regarding use of negotiated licenses. 
Sec. 307.  Effective date; Noninfringement of copyright.  
TITLE IV—SEVERABILITY 
 Sec. 401.  Severability. 
 
TITLE V—DETERMINATION OF BUDGETARY EFFECTS 
 
Sec. 501.  Determination of Budgetary Effects. 
 
TITLE I—STATUTORY LICENSES 
 
SEC. 101.  REFERENCE. 
 
 Except as otherwise provided, whenever in this title an amendment is 
made to a section or other provision, the reference shall be considered to be made to such section or provision of title 17, United States Code. 
 
SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 
SATELLITE CARRIERS. 
 
 (a) HEADING RENAMED.— 
  (1) IN GENERAL.—The heading of section 119 is 
 amended by striking " superstations and network stations for 
 private home viewing " and inserting " distant television 
 programming by satellite ". 
  (2) TABLE OF CONTENTS.—The table of contents for 
chapter 1 is amended by striking the item relating to section 119 and 
inserting the following: 
 "119. Limitations on exclusive rights: Secondary transmissions of distant 
television programming by satellite.". 
  (b) UNSERVED HOUSEHOLD DEFINED.— 
  (1) IN GENERAL.—Section 119(d)(10) is amended— 
   (A) by striking subparagraph (A) and inserting the 
 following: 
   "(A) cannot receive, through the use of an antenna, an over-
the-air signal containing the primary stream, or, on or after the 
qualifying date, the multicast stream, originating in that 
household's local market and affiliated with that network of— 
    "(i) if the signal originates as an analog signal, 
Grade B intensity as defined by the Federal 
Communications Commission in section 73.683(a) of title 47, Code of Federal Regulations, as in effect on 
January 1, 1999; or  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 119. 
  IP/N/1/USA/C/4 
 Page 7 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
17 USC 119. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Regulations. 
     "(ii) if the signal originates as a digital signal, intensity 
defined in the values for the digital television noise-limited service contour, as defined in regulations issued by the 
Federal Communications Commission (section 73.622(e) of 
title 47, Code of Federal Regulations), as such regulations may be amended from time to time;"; 
   (B) in subparagraph (B)— 
    (i) by striking "subs ection (a)(14)" and inserting 
"subsection (a)(13),"; and 
    (ii) by striking "Satellite Home Viewer Extension and 
Reauthorization Act of 2004" and inserting "Satellite 
Television Extension and Localism Act of 2010"; and 
   (C) in subparagraph (D), by striking "(a)(12)" and inserting 
"(a)(11)". 
  (2) QUALIFYING DATE DEFINED.—Section 119(d) is 
amended by adding at the end the following: 
  "(14) QUALIFYING DATE.—The term 'qualifying date', for 
purposes of paragraph (10)(A), means— 
   "(A) October 1, 2010, for multicast streams that exist on 
March 31, 2010; and 
   "(B) January 1, 2011, for all other multicast streams.". 
 (c) FILING FEE.—Section 119(b)(1) is amended—   (1) in subparagraph (A), by striking "and" after the semicolon at 
the end; 
  (2) in subparagraph (B), by striking the period and inserting "; 
and"; and 
  (3) by adding at the end the following: 
   "(C) a filing fee, as determined by the Register of 
Copyrights pursuant to section 708(a).". 
 (d) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCEDURES.—Section 119(b) is amended— 
  (1) by amending the subsectio n heading to read as follows: 
 "(b) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCEDURES.—"; 
  (2) in paragraph (1), by striking subparagraph (B) and 
 inserting the following:    "(B) a royalty fee payable to copyright owners pursuant to 
paragraph (4) for that 6-month period, computed by multiplying 
the total number of subscrib ers receiving each secondary 
transmission of a primary stream or multicast stream of each non-
network station or ne twork station during each calendar year 
month by the appropriate rate in effect under this subsection; and"; 
  (3) by redesignating paragraphs (2),  (3), and (4) as paragraphs (3), 
(4), and (5), respectively; 
  (4) by inserting after paragraph (1) the following: 
  "(2) VERIFICATION OF ACCOUNTS AND FEE 
PAYMENTS.—The Register of Copyrights shall issue regulations to 
permit interested parties to verify and audit the statements of account 
and royalty fees submitted by satellite carriers under this subsection."; 
  (5) in paragraph (3), as redesignated, in the first sentence— 
   (A) by inserting "(including the filing fee specified in 
paragraph (1)(C))" after "sha ll receive all fees"; and 
   (B) by striking "paragraph (4)" and inserting 
"paragraph (5)"; 
  IP/N/1/USA/C/4 
Page 8  
 
     (6) in paragraph (4), as redesignated— 
   (A) by striking "paragraph (2)" and inserting 
 "paragraph (3)"; and 
   (B) by striking "paragraph  (4)" each place it appears and 
inserting "paragraph (5)"; and 
  (7) in paragraph (5), as redesignated, by striking  "paragraph (2)" 
and inserting "paragraph (3)". 
 (e) ADJUSTMENT OF ROYALTY FEES.—Section 119(c) is 
amended as follows: 
  (1) Paragraph (1) is amended—    (A) in the heading for such paragraph, by striking 
"ANALOG"; 
   (B) in subparagraph (A)—     (i) by striking "prima ry analog transmissions" and 
inserting "primary transmissions"; and 
    (ii) by striking "July 1, 2004" and inserting 
"July 1, 2009"; 
   (C) in subparagraph (B)— 
    (i) by striking "January 2, 2005, the Librarian of 
Congress" and inserting "June 1, 2010, the Copyright 
Royalty Judges"; and  
    (ii) by striking "primary analog transmission" and 
inserting "primary transmissions"; 
   (D) in subparagraph (C), by striking "Librarian of Congress" 
and inserting "Copyright Royalty Judges"; 
   (E) in subparagraph (D)— 
    (i) in clause (i)— 
      (I) by striking "( i) Voluntary agreements" and 
inserting the following: 
    "(i) VOLUNTARY AGREEMENTS; FILING.—
Voluntary agreements"; and 
      (II) by striking "that a parties" and inserting "that 
are parties"; and 
    (ii) in clause (ii)— 
      (I) by striking "(ii)(I) Within" and inserting the 
following: 
    "(ii) PROCEDURE FOR ADOPTION OF FEES.— 
      "(I) PUBLICATION OF NOTICE.—Within"; 
      (II) in subclause (I), by striking "an arbitration 
proceeding pursuant to subparagraph (E)" and inserting 
"a proceeding under subparagraph (F)"; 
      (III) in subclause (II), by striking "(II) Upon 
receiving a request under subclause (I), the Librarian of 
Congress" and inserting the following: 
      "(II) PUBLIC NOTICE OF FEES.—Upon 
receiving a request under su bclause (I), the Copyright 
Royalty Judges"; and 
      (IV) in subclause (III)— 
       (aa) by striking "(III) The Librarian" and 
inserting the following: 
      "(III) ADOPTION OF FEES.—The Copyright 
Royalty Judges"; 
       (bb) by striking "an arbitration proceeding" 
and inserting "the proceeding under 
subparagraph (F)"; and 
       (cc) by striking "the arbitration proceeding" 
and inserting "t hat proceeding"; 
   IP/N/1/USA/C/4 
 Page 9 
 
 
      (F) in subparagraph (E)— 
    (i) by striking "Copyright Office" and inserting 
"Copyright Royalty Judges"; and 
    (ii) by striking "May 31, 2010" and inserting 
"December 31, 2014"; and 
   (G) in subparagraph (F)— 
    (i) in the heading, by striking "COMPULSORY 
 ARBITRATION" and inserting "COPYRIGHT ROYALTY 
 JUDGES PROCEEDING"; 
    (ii) in clause (i)— 
       (I) in the heading, by striking "PROCEEDINGS" 
and inserting "THE PROCEEDING"; 
      (II) in the matter preceding subclause (I)—        (aa) by striking "May 1, 2005, the Librarian 
of Congress" and inserting "September 1, 2010, 
the Copyright Royalty Judges"; 
       (bb) by stri king "arbitration proceedings" 
and inserting "a proceeding"; 
       (cc) by striking "fee to be paid" and inserting 
"fees to be paid"; 
       (dd) by striking "primary analog 
transmission" and inserting "the primary transmissions"; and 
       (ee) by striking "distributors" and inserting 
"distributors—"; 
      (III) in subclause (II)— 
       (aa) by striking "Librarian of Congress" and 
inserting "Copyright Royalty Judges"; and  
       (bb) by striking "arbitration"; and  
      (IV) by amending the last sentence to read as 
follows: "Such proceeding shall be conducted under 
chapter 8."; 
    (iii) in clause (ii), by amending the matter preceding    subclause (I) to read as follows: 
    "(ii) ESTABLISHMENT OF ROYALTY FEES.—In 
determining royalty fees under this subparagraph, the Copyright Royalty Judges shall establish fees for the 
secondary transmissions of th e primary transmissions of 
network stations and non-network stations that most clearly represent the fair market valu e of secondary transmissions, 
except that the Copyright Royalty Judges shall adjust royalty 
fees to account for the obligations of the parties under any applicable voluntary  agreement filed with the Copyright 
Royalty Judges in accordance with subparagraph (D). In 
determining the fair market value, the Judges shall base their decision on economic, competitive, and programming 
information presented by the parties, including—"; 
    (iv) by amending clause (iii) to read as follows: 
    "(iii) EFFECTIVE DATE FOR DECISION OF 
COPYRIGHT ROYALTY JUDG ES.—The obligation to 
pay the royalty fees established under a determination that is 
made by the Copyright Royalty Judges in a proceeding 
under this paragraph shall be effective as of January 1, 2010."; and 
  IP/N/1/USA/C/4 
Page 10  
 
   
 
. 
 
 
 
 
Effective date. 
 
 
 
 
Notification. 
Federal 
Register, 
publication. 
Deadline  
 
17 USC 119.  
 
 
 
 
 
 
 
17 USC 119. 
     (v) in clause (iv)— 
      (I) in the heading, by striking "FEE" and inserting      "FEES"; and  
      (II) by striking "fee referred to in (iii)" and 
inserting "fees referred to in clause (iii)". 
 (2) Paragraph (2) is amended to read as follows: 
 "(2) ANNUAL ROYALTY FEE ADJUSTMENT.—Effective 
January 1 of each year, th e royalty fee payable under subsection (b)(1)(B) for 
the secondary transmission of the primary transmissions of network stations 
and non-network stations shall be adjusted by the Copyright Royalty Judges to reflect any changes occurring in the cost of living as determined by the most 
recent Consumer Price Index (for all consumers and for all items) published 
by the Secretary of Labor before December 1 of the preceding year. 
Notification of the adjusted fees shall be published in the Federal Register at 
least 25 days before January 1.". 
(f) DEFINITIONS.—  (1) SUBSCRIBER.—Section 119(d)(8) is amended to read as follows: 
 "(8) SUBSCRIBER; SUBSCRIBE.— 
  "(A) SUBSCRIBER.—The term 'subscriber' means a person or 
entity that receives a secondary transmission service from a satellite 
carrier and pays a fee for the servi ce, directly or indirectly, to the 
satellite carrier or to a distributor. 
  "(B) SUBSCRIBE.—The term 'subscribe' means to elect to 
become a subscriber.". 
 (2) LOCAL MARKET.—Section 119(d)(11) is amended to read as follows: 
 "(11) LOCAL MARKET.—The term 'local market' has the meaning 
given such term under section 122(j).". 
 (3) LOW POWER TELEVISION STATION.—Section 119(d) is 
amended by striking paragraph (12) and redesignating paragraphs (13) and (14) as paragraphs (12) and (13), respectively. 
 (4) MULTICAST STREAM.—Section 119(d), as amended by 
paragraph (3), is further amended by adding at the end the following new paragraph: 
 "(14) MULTICAST STREAM.—The term 'multicast stream' means a 
digital stream containing programming and program related material affiliated with a television network, other than the primary stream.". 
 (5) PRIMARY STREAM.—Section 119(d), as amended by 
paragraph (4), is further amended by adding at the end the following new paragraph: 
 "(15) PRIMARY STREAM.—The term 'primary stream' means— 
  "(A) the single digital stream of programming as to which a 
television broadcast station has the right to mandatory carriage with a 
satellite carrier under the rules of the Federal Communications 
Commission in effect on July 1, 2009; or 
  "(B) if there is no stream described in subparagraph (A), then 
either— 
   "(i) the single digital stream  of programming associated with 
the network last transmitted by the station as an analog signal; or 
   "(ii) if there is no stream described in clause (i), then the 
single digital stream of progra mming affiliated with the network 
that, as of July 1, 2009, had been offered by the television 
broadcast station for the longest period of time.". 
 (6) CLERICAL AMENDMENT.—Section 119(d) is amended in 
paragraphs (1), (2), and (5) by striking "which" each place it appears and 
inserting "that".    IP/N/1/USA/C/4 
 Page 11 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 119. 
 
  
 
 
 
 
 
 
 
 
 
 
Deadline. 
 
 
 
 
 
 
 
 
 
Deadline. (g) SUPERSTATION REDESIGNATED AS NON-NETWORK 
STATION.— Section 119 is amended—  (1) by striking "supe rstation" each place it appears in a heading and 
each place it appears in text and inserting "nonnetwork station"; and 
 (2) by striking "superstations" each  place it appears in a heading and 
each place it appears in text and in serting "non-network stations". 
(h) REMOVAL OF CERTAIN PROVISIONS.— 
 (1) REMOVAL OF PROVISIONS.—Section 119(a) is amended— 
  (A) in paragraph (2), by striking subparagraph (C) and 
 redesignating subparagraph (D) as subparagraph (C);   (B) by striking paragraph (3) and redesignating paragraphs (4) 
through (14) as paragraphs (3) through (13), respectively; and 
  (C) by striking paragraph (15) and redesignating paragraph (16) 
as paragraph (14). 
 (2) CONFORMING AMENDMENTS.—Section 119 is amended— 
  (A) in subsection (a)—    (i) in paragraph (1), by striking "(5), (6), and (8)" and  
 inserting "(4), (5), and (7)"; 
   (ii) in paragraph (2)—     (I) in subparagraph (A), by striking "subparagraphs (B) 
and (C) of this paragraph and paragraphs (5), (6), (7), and 
(8)" and inserting "subparagraph (B) of this paragraph and paragraphs (4), (5), (6), and (7)"; 
    (II) in subparagraph (B)(i), by striking the second 
   sentence; and     (III) in subparagraph (C) (as redesignated), by striking 
clauses (i) and (ii) and inserting the following: 
   "(i) INITIAL LISTS.—A satellite carrier that makes 
secondary transmissions of a primary transmission made by a 
network station pursuant to subparagraph (A) shall, not later than 90 days after commencing such secondary transmissions, submit 
to the network that  owns or is affiliated with the network station 
a list identifying (by name and addr ess, including street or rural 
route number, city, State, and 9-di git zip code) all subscribers to 
which the satellite carrier makes secondary transmissions of that 
primary transmission to subscr ibers in unserved households. 
   "(ii) MONTHLY LISTS.—After the submission of the 
initial lists under clause (i), the satellite carrier shall, not later than 
the 15th of each month, submit to the network a list, aggregated by designated market area, iden tifying (by name and address, 
including street or rural route number, city, State, and 9-digit zip 
code) any persons who have been added or dropped as subscribers under clause (i) since the last submission under this 
subparagraph."; and 
   (iii) in subparagraph  (E) of paragraph (3) (as 
 redesignated)— 
    (I) by striking "under paragraph (3) or"; and 
    (II) by striking "paragraph (12)" and inserting 
 "paragraph (11)"; and 
  (B) in subsection (b)(1), by striking the final sentence.  
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Page 12  
 
   (i) MODIFICATIONS TO PROVISIONS FOR SECONDARY 
TRANSMISSIONS BY SATELLITE CARRIERS.—  (1) PREDICTIVE MODEL.—Section 119(a)(2)(B)(ii) is amended by 
adding at the end the following: 
  "(III) ACCURATE PREDICTIVE MODEL WITH RESPECT 
TO DIGITAL SIGNALS.—Notwithstanding subclause (I), in 
determining presumptively whether a person resides in an unserved 
household under subsection (d)(10)(A) with respect to digital signals, a 
court shall rely on a predictive model set forth by the Federal 
Communications Commission pursuant to a rulemaking as provided in section 339(c)(3) of the Communications Act of 1934 (47 
U.S.C. 339(c)(3)), as that model may be amended by the Commission 
over time under such section to incr ease the accuracy of that model. 
Until such time as the Commission sets forth such model, a court shall 
rely on the predictive model as recommended by the Commission with 
respect to digital signals in its Report to Congress in ET Docket No. 05–182, FCC 05–1 99 (released  December 9, 2005).". 
 (2) MODIFICATIONS TO STATUTORY LICENSE WHERE 
RETRANSMISSIONS INTO LOCAL MARKET AVAILABLE.—
Section 119(a)(3) (as redesignated) is amended— 
  (A) by striking "analog" eac h place it appears in a heading and 
text; 
  (B) by striking subparagraphs (B), (C), and (D), and 
 inserting the following: 
  "(B) RULES FOR LAWFUL SUBSCRIBERS AS OF DATE OF 
ENACTMENT OF 2010 ACT.—In the case of a subscriber of a 
satellite carrier who, on the day before the date of the enactment of the 
Satellite Television Extension and Localism Act of 2010, was lawfully 
receiving the secondary transmission f the primary transmission of a 
network station under the statutory license under paragraph (2) (in this subparagraph referred to as the 'distant signal'), other than subscribers 
to whom subparagraph (A) applies, the statutory license under 
paragraph (2) shall apply to secondary transmissions by that satellite carrier to that subscriber of the dist ant signal of a station affiliated with 
the same television network, and the subscriber's household shall 
continue to be considered to be an unserved household with respect to such network, until such time as the subscriber elects to terminate such 
secondary transmissions, whether or not the subscriber elects to 
subscribe to receive the second ary transmission of the primary 
transmission of a local network statio n affiliated with the same network 
pursuant to the statutory license under section 122. 
  "(C) FUTURE APPLICABILITY.—    "(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME OF 
SUBSCRIPTION.—The statutory license under paragraph (2) 
shall not apply to the secondary transmission by a satellite carrier of the primary transmission of a network station to a person who 
is not a subscriber lawfully r eceiving such secondary transmission 
as of the date of the enactment of the Satellite Television 
Extension and Localism Act of 2010 and, at the time such person 
seeks to subscribe to receive such  secondary transmission, resides 
in a local market where the satellite carrier makes available to that 
person the secondary transmission of the primary transmission of 
a local network station affiliated with the same network pursuant to the statutory license under section 122. 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
117 USC 119. 
 
 
 
 
 
 
Applicability. 
 
 
  IP/N/1/USA/C/4 
 Page 13 
 
 
  Deadline. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
117 USC 119. 
 
 
 
 
 
 
 
 
Courts. 
 
 
Regulations. 
Procedures.    "(ii) WHEN LOCAL SIGNAL AVAILABLE AFTER 
SUBSCRIPTION.—In the case of a subscriber who lawfully 
subscribes to and receives th e secondary transmission by a 
satellite carrier of the primary transmission of a network station 
under the statutory license under paragraph (2) (in this clause referred to as the 'distant signa l') on or after the date of the 
enactment of the Satellite Television Extension and Localism Act 
of 2010, the statutory license under paragraph (2) shall apply to 
secondary transmissions by that sa tellite carrier to that subscriber 
of the distant signal of a station affiliated with the same television network, and the subscriber's household shall continue to be 
considered to be an unserved household with respect to such 
network, until such time as the subscriber elects to terminate such secondary transmissions, but only if such subscriber subscribes to 
the secondary transmission of the primary transmission of a local 
network station affiliated with th e same network within 60 days 
after the satellite carrier makes available to the subscriber such 
secondary transmission of the prim ary transmission of such local 
network station."; 
  (C) by redesignating subparagraphs (E), (F), and (G) as 
 subparagraphs (D), (E), and (F), respectively;  
  (D) in subparagraph (E) (as redesignated), by striking "(C) or (D)" 
and inserting "(B) or (C)"; and (E) in subparagraph (F) (as 
redesignated), by inserting "9-digit" before "zip code". 
 (3) STATUTORY DAMAGES FOR TERRITORIAL RESTRICTIONS.— Section 119(a)(6) (as redesignated) is amended— 
  (A) in subparagraph (A)(ii), by striking "$5" and inserting 
"$250"; 
  (B) in subparagraph (B)— 
   (i) in clause (i), by st riking "$250,000 for each 6-month 
period" and inserting "$2,500,000 for each 3-month period"; and 
   (ii) in clause (ii), by striking "$250,000" and inserting 
"$2,500,000"; and  
  (C) by adding at the end the following flush sentences: "The court 
shall direct one half of any statutory damages ordered under clause (i) 
to be deposited with the Register of Copyrights for distribution to copyright owners pursuant to subsection (b). The Copyright Royalty 
Judges shall issue regulations establishing procedures for distributing 
such funds, on a proportional basis, to copyright owners whose works were included in the secondary tran smissions that were the subject of 
the statutory damages.". 
 (4) TECHNICAL AMENDMENT.—Section 119(a)(4) (as redesignated) is amended by striking "and 509". 
 (5) CLERICAL AMENDMENT.—Section 119(a)(2)(B)(iii)(II) is 
amended by striking "In this clause" and inserting "In this clause,". (j) MORATORIUM EXTENSION.—Section 119(e) is amended by striking 
"May 31, 2010" and inser ting "December 31, 2014". 
(k) CLERICAL AMENDMENTS.—Section 119 is amended— 
 (1) by striking "of the Code of  Federal Regulations" each place it 
appears and inserting ", Code of Federal Regulations"; and  (2) in subsection (d)(6), by striking "or the Direct" and inserting ", or 
the Direct". 
   IP/N/1/USA/C/4 
Page 14  
 
   
 SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 
SATELLITE CARRIERS IN  LOCAL MARKETS. 
 
 (a) HEADING RENAMED.— 
  (1) IN GENERAL.—The heading of section 122 is  amended by striking " by satellite carriers within local 
 markets " and inserting " of local television programming by 
 satellite ". 
  (2) TABLE OF CONTENTS.—The table of contents for 
chapter 1 is amended by striking the item relating to section 122 and inserting the following: 
 
"122. Limitations on exclusive rights: Secondary transmissions of local television programming by satellite.". 
 
 (b) STATUTORY LICENSE.—Section 122(a) is amended to read as follows: 
 "(a) SECONDARY TRANSMISSIONS INTO LOCAL MARKETS.— 
  "(1) SECONDARY TRANSMISSIONS OF TELEVISION 
BROADCAST STATIONS WITHIN A LOCAL MARKET.—A 
secondary transmission of a performance or display of a work 
embodied in a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing 
under this section if— 
   "(A) the secondary transm ission is made by a satellite 
  carrier to the public; 
   "(B) with regard to secondary transmissions, the satellite 
carrier is in compliance with the rules, regulations, or 
authorizations of the Federal Communications Commission 
governing the carriage of television broadcast station signals; and 
   "(C) the satellite carrier makes a direct or indirect charge for 
the secondary transmission to— 
    "(i) each subscriber receiving the secondary 
transmission; or 
    "(ii) a distributor that has contracted with the satellite 
carrier for direct or indire ct delivery of the secondary 
transmission to the public. 
  "(2) SIGNIFICANTLY VIEWED STATIONS.— 
   "(A) IN GENERAL.—A secondary transmission of a 
performance or display of a work embodied in a primary 
transmission of a television broadcast station to subscribers who 
receive secondary transmissions of primary transmissions under 
paragraph (1) shall be subject to statutory licensing under this 
paragraph if the secondary transmission is of the primary 
transmission of a network station or a non-network station to a subscriber who resides outside the station's local market but 
within a community in which the signal has been determined by 
the Federal Communications Commission to be significantly 
viewed in such community, pursuant to the rules, regulations, and 
authorizations of the Federal Communications Commission in effect on April 15, 1976, applicable to determining with respect to 
a cable system whether signals are significantly viewed in a 
community. 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 122. 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Applicability.  IP/N/1/USA/C/4 
 Page 15 
 
 
   
 
 
 
 
 
 
Deadline. 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Applicability. 
    "(B) WAIVER.—A subscriber  who is denied the secondary 
transmission of the primary transmission of a network station or a non-network station under subparagraph (A) may request a 
waiver from such denial by submitting a request, through the 
subscriber's satellite carrier, to the network station or non-network station in the local market affiliated with the same network or 
non-network where the subscriber is located. The network station 
or non-network station shall accep t or reject the subscriber's 
request for a waiver within 30 days  after receipt of the request. If 
the network station or non-network station fails to accept or reject 
the subscriber's request for a waiv er within that 30-day period, 
that network station or non-network station shall be deemed to 
agree to the waiver request. 
  "(3) SECONDARY TRANSMISSION OF LOW POWER 
PROGRAMMING.— 
   "(A) IN GENERAL.—Subject to subparagraphs (B) and (C), 
a secondary transmission of a perf ormance or display of a work 
embodied in a primary transmission of a television broadcast 
station to subscribers who recei ve secondary transmissions of 
primary transmissions under paragraph (1) shall be subject to 
statutory licensing under this paragraph if the secondary 
transmission is of the primary transmission of a television 
broadcast station that is licensed as  a low power television station, 
to a subscriber who resides within the same designated market 
area as the station that or iginates the transmission. 
   "(B) NO APPLICABILITY TO REPEATERS AND 
TRANSLATORS.— Secondary transmissions provided for in 
subparagraph (A) shall not apply to any low power television 
station that retransmits the programs and signals of another 
television station for more than 2 hours each day. 
   "(C) NO IMPACT ON OTHER SECONDARY 
TRANSMISSIONS OBLI GATIONS.—A satellite carrier that 
makes secondary transmissions of a primary transmission of a low power television station under a statutory license provided 
under this section is not required, by reason of such secondary 
transmissions, to make any other secondary transmissions. 
  "(4) SPECIAL EXCEPTIONS.—A secondary transmission of a 
performance or display of a work em bodied in a primary transmission 
of a television broadcast station to  subscribers who receive secondary 
transmissions of primary transmissions under paragraph (1) shall, if the 
secondary transmission is made by a satellite carrier that complies with 
the requirements of paragraph (1), be subject to statutory licensing under this paragraph as follows: 
   "(A) STATES WITH SINGLE FULL-POWER NETWORK 
STATION.— In a State in which th ere is licensed by the Federal 
Communications Commission a single full-power station that was 
a network station on January 1, 1995, the statutory license 
provided for in this paragraph shall apply to the secondary 
transmission by a satellite carrier of the primary transmission of 
that station to any subscriber in a community that is located 
within that State and that is not within the first 50 television 
markets as listed in the regulations  of the Commission as in effect 
on such date (47 C.F.R. 76.51). 
 
  IP/N/1/USA/C/4 
Page 16  
 
      "(B) STATES WITH ALL NETWORK STATIONS AND 
NON-NETWORK STATIONS IN SAME LOCAL MARKET.—In a State in which all network stations and non-network stations 
licensed by the Federal Communications Commission within that 
State as of January 1, 1995, are assigned to the same local market 
and that local market does not encompass all counties of that 
State, the statutory licence provid ed under this paragraph shall 
apply to the secondary transmission by a satellite carrier of the 
primary transmissions of such station to all subscribers in the 
State who reside in a local market that is within the first 50 major television markets as listed in the regulations of the Commission 
as in effect on such date (section 76.51 of title 47, Code of 
Federal Regulations). 
   "(C) ADDITIONAL STATIONS.—In the case of that 
  State in which are located 4 counties that— 
    "(i) on January 1, 2004, were in local markets 
principally comprised of counties in another State, and 
    "(ii) had a combined total of 41,340 television 
households, according to the U.S. Television Household Estimates by Nielsen Media Res earch for 2004, the statutory 
license provided under this paragraph shall apply to 
secondary transmissions by a satellite carrier to subscribers in any such county of the primary transmissions of any 
network station located in that State, if the satellite carrier 
was making such secondary transmissions to any subscribers in that county on January 1, 2004. 
   "(D) CERTAIN ADDITIONAL STATIONS.—If 2 adjacent 
counties in a single State are in a local market comprised 
principally of counties located in another State, the statutory 
license provided for in this para graph shall apply to the secondary 
transmission by a satellite carrier to subscribers in those 2 
counties of the primary transmissions of any network station 
located in the capital of the State in which such 2 counties are 
located, if— 
    "(i) the 2 counties are locat ed in a local market that is 
in the top 100 markets for the year 2003 according to 
Nielsen Media Research; and 
    "(ii) the total number of television households in the 2 
counties combined did not ex ceed 10,000 fo r the year 2003 
according to Nielsen Media Research. 
   "(E) NETWORKS OF NONCOMMERCIAL 
EDUCATIONAL BROADCAST STATIONS.—In the case of a system of three or more noncommercial educational broadcast 
stations licensed to a single State, public agency, or political, 
educational, or special purpos e subdivision of a State, the 
statutory license provided for in this paragraph shall apply to the 
secondary transmission of the primary transmission of such 
system to any subscriber in any county or county equivalent 
within such State, if such subs criber is located in a designated 
market area that is not otherwise eligible to recei ve the secondary 
transmission of the primary tr ansmission of a noncommercial 
educational broadcast station located within the State pursuant to 
paragraph (1). 
  "(5) APPLICABILITY OF ROYALTY RATES AND 
PROCEDURES.— The royalty rates and procedures under 
section 119(b) shall apply to the secondary transmissions to which the statutory license under paragraph (4) applies.". 
   IP/N/1/USA/C/4 
 Page 17 
 
 
  17 USC 122. (c) REPORTING REQUIREMENTS.—Section 122(b) is amended— 
 (1) in paragraph (1), by striking "station a list" and all that follows 
through the end and inserting the following: "station— 
  "(A) a list identifying (by name in alphabetical order and street 
address, including county and 9-dig it zip code) all subscribers to which 
the satellite carrier makes secondary transmissions of that primary 
transmission under subsection (a); and 
  "(B) a separate list, aggregat ed by designated market area (by 
name and address, including street or rural route number, city, State, 
and 9-digit zip code), which shall indicate those subscribers being served pursuant to paragraph (2) of subsection (a)."; and 
 (2) in paragraph (2), by striking "network a list" and all that follows 
through the end and inserting the following: "network—   "(A) a list identifying (by name in alphabetical order and street 
address, including county and 9-digit zip code) any subscribers who 
have been added or dropped as subscribers since the last submission under this subsection; and 
  "(B) a separate list, aggregat ed by designated market area (by 
name and street address, including street or rural route number, city, 
State, and 9-digit zip code), identifying those subscribers whose service 
pursuant to paragraph (2) of subsection (a) has been added or dropped 
since the last submission under this subsection.". 
 (d) NO ROYALTY FEE FOR CERTAIN SECONDARY 
TRANSMISSIONS.— Section 122(c) is amended— 
  (1) in the heading, by inserting "FOR CERTAIN SECONDARY 
TRANSMISSIONS" after "REQUIRED"; and 
  (2) by striking "subsection (a)" and inserting 
 "paragraphs (1), (2), and (3) of subsection (a)". 
 (e) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 
  (1) MODIFICATION TO STATUTORY DAMAGES.— Section 122(f) is amended— 
   (A) in paragraph (1)(B), by striking "$5" and 
 inserting "$250"; and 
   (B) in paragraph (2), by  striking "$250,000" each place it 
appears and inserting "$2,500,000". 
 (2) CONFORMING AMENDMENTS FOR ADDITIONAL STATIONS.— Section 122 is amended— 
   (A) in subsection (f), by striking "section 119 or" each place 
it appears and inserting the following: "section 119, subject to statutory licensing by reason of paragraph (2)(A),(3), or (4) of 
subsection (a), or subject to"; and 
   (B) in subsection (g), by striking "section 119 or" and 
inserting the following: "section 119 , paragraph (2)(A), (3), or (4) 
of subsection (a), or". 
(f) DEFINITIONS.—Section 122(j) is amended—  (1) in paragraph (1), by striking "which contracts" and inserting "that 
contracts";  
 (2) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), 
respectively; 
 (3) in paragraph (3)—   (A) by redesignating such paragraph as paragraph (4); 
  (B) in the heading of such paragraph, by inserting "NON-
 NETWORK STATION;" after "NETWORK STATION;"; and   (C) by inserting " 'non-netwo rk station'," after " 'network 
 station',"; 
  IP/N/1/USA/C/4 
Page 18  
 
    (4) by inserting after paragraph (2) the following: 
 "(3) LOW POWER TELEVISION STATION.—The term 'low power 
television station' means a low power TV station as defined in 
section 74.701(f) of title 47, Code of  Federal Regulations, as in effect 
on June 1, 2004. For purposes of this paragraph, the term 'low power television station' includes a low power television station that has been 
accorded primary status as a Class A television licensee under 
section 73.6001(a) of title 47, Code of Federal Regulations."; 
 (5) by inserting after paragraph (4) (as redesignated) the following: 
 "(5) NONCOMMERCIAL EDUCATIONAL BROADCAST 
STATION.— The term 'noncommercial educational broadcast station' 
means a television broadcast st ation that is a noncommercial 
educational broadcast station as defined in section 397 of the Communications Act of 1934, as in effect on the date of the enactment 
of the Satellite Television Extension and Localism Act of 2010."; and 
 (6) by amending paragraph (6) (as redesignated) to read as follows:  "(6) SUBSCRIBER.—The term 'subs criber' means a person or entity 
that receives a secondary transmi ssion service from a satellite carrier 
and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.".  
 
SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY 
TRANSMISSION RIGHTS UNDER SECTION 111. 
 
 (a) HEADING RENAMED.— 
  (1) IN GENERAL.—The heading of section 111 is amended by 
inserting at the end the following: " of broadcast programming by 
cable ". 
  (2) TABLE OF CONTENTS.—The table of contents for 
chapter 1 is amended by striking the item relating to section 111 and inserting the following: 
 
"111. Limitations on exclusive rights: Secondary transmissions of broadcast 
programming by cable.". 
 
 (b) TECHNICAL AMENDMENT.—Section 111(a)(4) is amended by striking ''; or'' and inserting ''or section 122;''. 
 (c) STATUTORY LICENSE FOR SECONDARY TRANSMISSIONS 
BY CABLE SYSTEMS.—Section 111(d) is amended—   (1) in paragraph (1)— 
   (A) in the matter preceding subparagraph (A)— 
    (i) by striking ''A cable  system whose secondary'' and 
inserting the following: ''STATEMENT OF ACCOUNT 
AND ROYALTY FEES.—Subject to  paragraph (5), a cable 
system whose secondary''; and 
    (ii) by striking ''by regulation—'' and inserting ''by 
regulation the following:'';  
   (B) in subparagraph (A)— 
    (i) by striking ''a statem ent of account'' and inserting ''A 
statement of account''; and 
    (ii) by striking ''; and'' and inserting a period; and 
   (C) by striking subparagraphs (B), (C), and (D) and inserting 
the following: 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 111.  IP/N/1/USA/C/4 
 Page 19 
 
 
      ''(B) Except in the case of a cable system whose royalty fee 
is specified in subparagraph (E) or (F), a total royalty fee payable to copyright owners pursuant to paragraph (3) for the period 
covered by the statement, comput ed on the basis of specified 
percentages of the gross receipts from subscribers to the cable service during such period for the basic service of providing 
secondary transmissions of primary broadcast transmitters, as 
follows: 
    ''(i) 1.064 percent of such gross receipts for the 
privilege of further transmitting, beyond the local service area of such primary transmitter, any nonnetwork 
programming of a primary transmitter in whole or in part, 
such amount to be applied against the fee, if any, payable pursuant to clauses (ii) through (iv); 
    "(ii) 1.064 percent of su ch gross receipts for the first 
distant signal equivalent; 
    "(iii) 0.701 percent of such gross receipts for each of 
the second, third, and fourth distant signal equivalents; and 
    "(iv) 0.330 percent of su ch gross receipts for the fifth 
distant signal equivalent and each distant signal equivalent 
thereafter. 
   "(C) In computing amounts under clauses (ii) through (iv) of 
subparagraph (B)— 
    "(i) any fraction of a distant signal equivalent shall be 
computed at its fractional value; 
    "(ii) in the case of an y cable system located partly 
within and partly outside of the local service area of a 
primary transmitter, gross recei pts shall be limited to those 
gross receipts derived from subs cribers located outside of 
the local service area of such primary transmitter; and 
    "(iii) if a cable system provides a secondary 
transmission of a primary transmitter to some but not all 
communities served by that cable system— 
      "(I) the gross receipts and the distant signal 
equivalent values for such secondary transmission 
shall be derived solely on the basis of the subscribers in those communities where the cable system provides 
such secondary transmission; and 
      "(II) the total royalty fee for the period paid by 
such system shall not be less than the royalty fee 
calculated under subparagraph (B)(i) multiplied by the 
gross receipts from all subscribers to the system. 
   "(D) A cable system that, on a statement submitted before 
the date of the enactment of the Satellite Television Extension and 
Localism Act of 2010, computed its royalty fee consistent with the methodology under subparagraph (C)(iii), or that amends a 
statement filed before such date of enactment to compute the 
royalty fee due using such methodology, shall not be subject to an 
action for infringement, or eligible for any royalty refund or 
offset, arising out of its use of such methodology on such statement. 
  IP/N/1/USA/C/4 
Page 20  
 
      "(E) If the actual gross re ceipts paid by subscribers to a 
cable system for the period covere d by the statement for the basic 
service of providing secondary transmissions of primary 
broadcast transmitters are $263,800 or less— 
    "(i) gross receipts of th e cable system for the purpose 
of this paragraph shall be computed by subtracting from 
such actual gross receipts th e amount by which $263,800 
exceeds such actual gross receipts, except that in no case 
shall a cable system's gross r eceipts be reduced to less than 
$10,400; and 
    "(ii) the royalty fee payable under this paragraph to 
copyright owners pursuant to paragraph (3) shall be 0.5 
percent, regardless of the number of distant signal equivalents, if any. 
   "(F) If the actual gross receipt s paid by subscribers to a cable 
system for the period covered by the statement for the basic 
service of providing secondary transmissions of primary 
broadcast transmitters are more than $263,800 but less than 
$527,600, the royalty fee payable under this paragraph to copyright owners pursuant to paragraph (3) shall be— 
    "(i) 0.5 percent of any gross receipts up to $263,800, 
regardless of the number of distant signal equivalents, if any; and 
    "(ii) 1 percent of an y gross receipts in excess of 
$263,800, but less than $527,600, regardless of the number of distant signal equivalents, if any.  
   "(G) A filing fee, as determined by the Register of 
Copyrights pursuant to section 708(a)."; 
  (2) in paragraph (2), in the first sentence— 
   (A) by striking "The Register of Copyrights" and inserting 
the following "HANDLING OF FEES.—The Register of 
Copyrights"; and 
   (B) by inserting "(including the filing fee specified in 
paragraph (1)(G))" after "shall receive all fees"; 
  (3) in paragraph (3)— 
   (A) by striking "The royalty fees" and inserting the 
following: "DISTRIBUTION OF ROYALTY FEES TO 
COPYRIGHT OWNERS.—The royalty fees"; 
   (B) in subparagraph (A)—     (i) by striking "any such" and inserting "Any such"; 
and 
    (ii) by striking "; and" and inserting a period;    (C) in subparagraph (B)— 
    (i) by striking "any such" and inserting "Any such"; 
and 
    (ii) by striking the semicolon and inserting a period; 
and 
   (D) in subparagraph (C), by striking "any such" and 
inserting "Any such"; 
  (4) in paragraph (4), by striking "The royalty fees" and inserting 
the following: "PROCEDURES FOR ROYALTY FEE 
DISTRIBUTION.— The royalty fees"; and 
   IP/N/1/USA/C/4 
 Page 21 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
Regulations. 
Time period.   (5) by adding at the end the following new paragraphs:  
  "(5) 3.75 PERCENT RATE AND SYNDICATED 
EXCLUSIVITY SURCHARGE NOT APPLICABLE TO 
MULTICAST STREAMS.—The ro yalty rates specified in 
sections 256.2(c) and 256.2(d) of title 37, Code of Federal Regulations 
(commonly referred to as the '3. 75 percent rate' and the 'syndicated 
exclusivity surcharge', respectively), as in effect on the date of the 
enactment of the Satellite Television Extension and Localism Act of 
2010, as such rates may be adjusted , or such sections redesignated, 
thereafter by the Copyright Royalty Judges, shall not apply to the secondary transmission of  a multicast stream. 
  "(6) VERIFICATION OF ACCOUNTS AND FEE 
PAYMENTS.—The Register of Copyrights shall issue regulations to provide for the confidential verification by copyright owners whose 
works were embodied in the secondary transmissions of primary 
transmissions pursuant to this section of the information reported on the semiannual statements of account filed under this subsection for 
accounting periods beginning on or afte r January 1, 2010, in order that 
the auditor designated under subparagraph (A) is able to confirm the correctness of the calculations and ro yalty payments reported therein. 
The regulations shall— 
   "(A) establish procedures for the designation of a qualified 
independent auditor— 
    "(i) with exclusive authority to request verification of 
such a statement of account on behalf of all copyright owners whose works were the subject of secondary 
transmissions of primary transm issions by the cable system 
(that deposited the statement) during the accounting period 
covered by the statement; and 
    "(ii) who is not an offi cer, employee, or agent of any 
such copyright owner for any purpose other than such audit; 
   "(B) establish procedures for safeguarding all non-public 
financial and business information provided under this paragraph; 
   "(C)(i) require a consultation period for the independent 
auditor to review its conclusions with a designee of the cable 
system; 
    "(ii) establish a mechan ism for the cable system to 
remedy any errors identified in the auditor's report and to 
cure any underpayment identified; and 
    "(iii) provide an opportunity to remedy any disputed 
facts or conclusions; 
   "(D) limit the frequency of requests for verification for a 
particular cable system and the nu mber of audits that a multiple 
system operator can be required to undergo in a single year; and 
   "(E) permit requests for verification of a statement of 
account to be made only within 3 years after the last day of the 
year in which the statement of account is filed. 
  "(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.—Any 
royalty fee payments received by the Copyright Office from cable 
systems for the secondary transmissi on of primary transmissions that 
are in addition to the payments calculated and deposited in accordance 
with this subsection shall be deemed to have been deposited for the 
particular accounting period for wh ich they are received and shall be 
distributed as specified under this subsection.". 
  IP/N/1/USA/C/4 
Page 22  
 
    (d) EFFECTIVE DATE OF NEW ROYALTY FEE RATES.  The 
royalty fee rates established in section 111(d)(1)(B) of title 17, United States Code, as amended by subsection (c)(1)(C) of this section, shall take effect 
commencing with the first accounting period occurring in 2010. 
 (e) DEFINITIONS.—Section 111(f) is amended—   (1) by striking the first undesignated paragraph and inserting the 
following: 
  "(1) PRIMARY TRANSMISSION.—A 'primary transmission' is 
a transmission made to the public by a transmitting facility whose 
signals are being received and furt her transmitted by a secondary 
transmission service, regardless of where or when the performance or 
display was first transmitted. In the case of a television broadcast 
station, the primary stream and an y multicast streams transmitted by 
the station constitute primary transmissions."; 
  (2) in the second undesignated paragraph— 
   (A) by striking "A 'secondary transmission' " and inserting 
the following: 
  "(2) SECONDARY TRANSMISSION.—A 'secondary 
transmission' "; and 
   (B) by striking " 'cable system' " and inserting "cable 
system"; 
  (3) in the third undesignated paragraph—    (A) by striking "A 'cable system' " and inserting the 
following: 
  "(3) CABLE SYSTEM.—A 'cable system' "; and  
   (B) by striking "Territory, Trust Territory, or Possession" 
and inserting "territory, trust terr itory, or possession of the United 
States"; 
  (4) in the fourth undesignated paragraph, in the first sentence— 
   (A) by striking "The 'lo cal service area of a primary 
transmitter', in the case of a television broadcast station, 
comprises the area in which such station is entitled to insist" and 
inserting the following:  
  "(4) LOCAL SERVICE AREA OF A PRIMARY 
TRANSMITTER.— The 'local service ar ea of a primary transmitter', in 
the case of both the primary stream and any multicast streams transmitted by a primary transmitter that is a television broadcast 
station, comprises the area where su ch primary transmitter could have 
insisted"; 
   (B) by striking "76.59 of title 47 of the Code of Federal 
Regulations" and inserting the following: "76.59 of title 47, Code 
of Federal Regulations, or within the noise-limited contour as defined in 73.622(e)(1) of title 47, Code of Federal Regulations"; 
and 
   (C) by striking "as defined by the rules and regulations of 
the Federal Communications Commission,"; 
  (5) by amending the fifth undesignated paragraph to read as 
follows: 
  "(5) DISTANT SIGNAL EQUIVALENT.— 
   "(A) IN GENERAL.—Except as provided under 
subparagraph (B), a 'distant signal equivalent'— 
    "(i) is the value assigned to the secondary transmission 
of any non-network television programming carried by a cable system in whole or in part beyond the local service 
area of the primary transmitte r of such programming; and 
 17 USC 111 
note. 
 
 
 
17 USC 111. 
  IP/N/1/USA/C/4 
 Page 23 
 
 
        "(ii) is computed by assigning a value of one to each 
primary stream and to each mu lticast stream (other than a 
simulcast) that is an independent station, and by assigning a 
value of one-quarter to each primary stream and to each 
multicast stream (other than a simulcast) that is a network 
station or a non-commercial educational station. 
   "(B) EXCEPTIONS.—The values for independent, network, 
and noncommercial educational stations specified in 
subparagraph (A) are s ubject to the following: 
    "(i) Where the rules and regulations of the Federal 
Communications Commission require a cable system to omit 
the further transmission of a particular program and such 
rules and regulations also permit the substitution of another program embodying a performance or display of a work in 
place of the omitted transmissi on, or where such rules and 
regulations in effect on the date of the enactment of the Copyright Act of 1976 permit a cable system, at its election, 
to effect such omission and substitution of a nonlive 
program or to carry additional programs not transmitted by primary transmitters within whose local service area the 
cable system is located, no value shall be assigned for the 
substituted or additional program. 
    "(ii) Where the rules, regulations, or authorizations of 
the Federal Communications Commission in effect on the 
date of the enactment of the Copyright Act of 1976 permit a cable system, at its election, to omit the further transmission 
of a particular program and such rules, regulations, or 
authorizations also permit the substitution of another 
program embodying a performance or display of a work in 
place of the omitted transmission , the value assigned for the 
substituted or additional program shall be, in the case of a 
live program, the value of one full distant signal equivalent 
multiplied by a fraction that has as its numerator the number of days in the year in which such substitution occurs and as 
its denominator the number of days in the year. 
    "(iii) In the case of th e secondary transmission of a 
primary transmitter that is a television broadcast station 
pursuant to the late-night or specialty programming rules of 
the Federal Communications Commission, or the secondary transmission of a primary transmitter that is a television 
broadcast station on a part-time basis where full-time 
carriage is not possible becaus e the cable system lacks the 
activated channel capacity to retransmit on a full-time basis 
all signals that it is authorized to carry, the values for 
independent, network, and noncommercial educational stations set forth in subparagraph (A), as the case may be, 
shall be multiplied by a fraction that is equal  to the ratio of 
the broadcast hours of su ch primary transmitter 
retransmitted by the cable system to the total broadcast 
hours of the primary transmitter.  
    "(iv) No value shall be assigned for the secondary 
transmission of the primary str eam or any multicast streams 
of a primary transmitter that is a television broadcast station in any community that is within the local service area of the 
primary transmitter."; 
  IP/N/1/USA/C/4 
Page 24  
 
     (6) by striking the sixth undesignated paragraph and inserting the 
following: 
  "(6) NETWORK STATION.— 
   "(A) TREATMENT OF PRIMARY STREAM.—The term 
'network station' shall be applied to a primary stream of a television broadcast station that is owned or operated by, or 
affiliated with, one or more of the television networks in the 
United States providing nationwide transmissions, and that 
transmits a substantial part of the programming supplied by such 
networks for a substantial part of the primary stream's typical broadcast day. 
   "(B) TREATMENT OF MULTICAST STREAMS.—The 
term 'network station' shall be applied to a multicast stream on which a television broadcast station transmits all or substantially 
all of the programming of an interconnected program service 
that— 
    "(i) is owned or operated  by, or affiliated with, one or 
more of the television networks described in 
subparagraph (A); and 
    "(ii) offers programming on a regular basis for 15 or 
more hours per week to at least 25 of the affiliated television 
licensees of the interconnected  program service in 10 or 
more States."; 
  (7) by striking the seventh undesignated paragraph and inserting 
the following: 
  "(7) INDEPENDENT STATION.—The term 'independent 
station' shall be applied to the primary stream or a multicast stream of a 
television broadcast station that is not a network station or a 
noncommercial educational station."; 
  (8) by striking the eighth undesignated paragraph and inserting 
the following: 
  "(8) NONCOMMERCIAL EDUCATIONAL STATION.—The 
term 'noncommercial educational station' shall be applied to the primary stream or a multicast stream of a television broadcast station 
that is a noncommercial educational broadcast station as defined in 
section 397 of the Communications Act of 1934, as in effect on the date of the enactment of the Satellite Television Extension and 
Localism Act of 2010."; and  
  (9) by adding at the end the following:   "(9) PRIMARY STREAM.—A 'primary stream' is— 
   "(A) the single digital stream of programming that, before 
June 12, 2009, was substantially duplicating the programming transmitted by the television broadcast station as an analog signal; 
or 
   "(B) if there is no stream described in subparagraph (A), 
then the single digital stream of programming transmitted by the 
television broadcast station for the longest period of time. 
  "(10) PRIMARY TRANSMITTER.—A 'primary transmitter' is a 
television or radio broadcast station licensed by the Federal 
Communications Commission, or by an appropriate governmental authority of Canada or Mexico, that makes primary transmissions to 
the public. 
  "(11) MULTICAST STREAM.—A 'm ulticast stream' is a digital 
stream of programming that is transmitted by a television broadcast 
station and is not the station's primary stream. 
   IP/N/1/USA/C/4 
 Page 25 
 
 
   
 
 
 
 
 
 
 
 
 
 
17 USC 804. 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 111 
note.   "(12) SIMULCAST.—A 'simulcast' is a multicast stream of a 
television broadcast station that duplicates the programming transmitted by the primary stream or another multicast stream of such station. 
  "(13) SUBSCRIBER; SUBSCRIBE.— 
   "(A) SUBSCRIBER.—The term 'subscriber' means a person 
or entity that receives a second ary transmission service from a 
cable system and pays a fee for the service, directly or indirectly, 
to the cable system. 
   "(B) SUBSCRIBE.—The term 'subscribe' means to elect to 
become a subscriber.". 
 (f) TIMING OF SECTION 111 PROCEEDINGS.—Section 804(b)(1) 
is amended by striking "2005" each place it appears and inserting "2015". 
 (g) TECHNICAL AND CONFORMING AMENDMENTS.—   (1) CORRECTIONS TO FIX LEVEL DESIGNATIONS.—
Section 111 is amended— 
   (A) in subsections (a), (c), and (e), by striking "clause" each 
place it appears and inserting "paragraph"; 
   (B) in subsection (c)(1), by striking "clauses" and inserting 
"paragraphs"; and  
   (C) in subsection (e)(1)(F), by striking "subclause" and 
inserting "subparagraph". 
  (2) CONFORMING AMENDMENT TO HYPHENATE 
NONNETWORK.— Section 111 is amended by striking "nonnetwork" 
each place it appears and inserting "non-network". 
  (3) PREVIOUSLY UNDESIGNATED PARAGRAPH.—
Section 111(e)(1) is amended by striking "second paragraph of 
subsection (f)" and inserting "subsection (f)(2)". 
  (4) REMOVAL OF SUPERFLUOUS ANDS.—Section 111(e) is 
amended— 
   (A) in paragraph (1)(A), by striking "and" at the end;    (B) in paragraph (1)(B), by striking "and" at the end; 
   (C) in paragraph (1)(C), by striking "and" at the end; 
   (D) in paragraph (1)(D), by striking "and" at the end; and    (E) in paragraph (2)(A), by striking "and" at the end. 
  (5) REMOVAL OF VARIANT FORMS REFERENCES.—
Section 111 is amended— 
   (A) in subsection (e)(4), by striking ", and each of its variant 
forms,"; and 
   (B) in subsection (f), by striking "and their variant 
 forms". 
  (6) CORRECTION TO TERRITORY REFERENCE.—
Section 111(e)(2) is amended in th e matter preceding subparagraph (A) 
by striking "three territories" and inserting "five entities". 
 (h) EFFECTIVE DATE WITH RESPECT TO MULTICAST 
STREAMS.—   (1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
amendments made by this section, to the extent such amendments 
assign a distant signal equivalent value to the secondary transmission 
of the multicast stream of a primary transmitter, shall take effect on the 
date of the enactment of this Act. 
  IP/N/1/USA/C/4 
Page 26  
 
     (2) DELAYED APPLICABILITY.— 
   (A) SECONDARY TRANSMISSIONS OF A MULTICAST 
STREAM BEYOND THE LOCAL SERVICE AREA OF ITS 
PRIMARY TRANSMITTER BEFORE 2010 ACT.—In any case 
in which a cable system was making secondary transmissions of a multicast stream beyond the local service area of its primary 
transmitter before the date of the enactment of this Act, a distant 
signal equivalent value (referred to in paragraph (1)) shall not be 
assigned to secondary transmissions of such multicast stream that 
are made on or before June 30, 2010. 
   (B) MULTICAST STREAMS SUBJECT TO 
PREEXISTING WRITTEN AGREEMENTS FOR THE 
SECONDARY TRANSMISSION OF SUCH STREAMS.—In any case in which the secondar y transmission of a multicast 
stream of a primary transmitter is the subject of a written 
agreement entered into on or be fore June 30, 2009, between a 
cable system or an association re presenting the cable system and a 
primary transmitter or an asso ciation representing the primary 
transmitter, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary transmissions of 
such multicast stream beyond the lo cal service area of its primary 
transmitter that are made on or before the date on which such written agreement expires. 
   (C) NO REFUNDS OR OFFSETS FOR PRIOR 
STATEMENTS OF ACCOUNT.—A cable system that has reported secondary transmissions of a multicast stream beyond 
the local service area of its prim ary transmitter on a statement of 
account deposited under section 111 of title 17, United States 
Code, before the date of the enactment of this Act shall not be 
entitled to any refund, or offset, of royalty fees paid on account of such secondary transmissions of such multicast stream. 
  (3) DEFINITIONS.—In this subsection, the terms "cable system", 
"secondary transmission", "multicast stream", and "local service area 
of a primary transmitter" have the meanings given those terms in 
section 111(f) of title 17, United States Code, as amended by this 
section. 
 
SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF 
LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS. 
 
 Section 119 is amended by adding at the end the following new 
subsection:  "(g) CERTAIN WAIVERS GRANTED TO PROVIDERS OF 
LOCAL-INTO-LOCAL SERVICE TO ALL DMAS.—  
  "(1) INJUNCTION WAIVER.—A co urt that issued an injunction 
pursuant to subsection (a)(7)(B) before the date of the enactment of this 
subsection shall waive such injunction if the court recognizes the entity 
against which the injunction was issued as a qualified carrier. 
  "(2) LIMITED TEMPORARY WAIVER.— 
   "(A) IN GENERAL.—Upon a request made by a satellite 
carrier, a court that issued an in junction against such carrier under 
subsection (a)(7)(B) before the date of the enactment of this subsection 
shall waive such injunction with respect to the statutory license provided under subsection (a)(2) to the extent necessary to allow such 
carrier to make secondary transmissi ons of primary transmissions made 
by a network station to unserved households located in short markets in which such carrier was not providing local service pursuant to the 
license under section 122 as of December 31, 2009.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Courts. 
 
 
 
17 USC 119. 
 
  IP/N/1/USA/C/4 
 Page 27 
 
 
      "(B) EXPIRATION OF TEMPORARY WAIVER.—A 
temporary waiver of an injunction under subparagraph (A) shall expire after the end of the 120-day period beginning on the date 
such temporary waiver is issued unless extended for good cause 
by the court making the temporary waiver.  
   "(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL 
SERVICE TO ALL DMAS.— 
    "(i) FAILURE TO ACT REASONABLY AND IN 
GOOD FAITH.—If the court is suing a temporary waiver 
under subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to act 
reasonably or has failed to make a good faith effort to 
provide local-into-local servi ce to all DMAs, such failure— 
      "(I) is actionable as an act of infringement under 
section 501 and the court may in its discretion impose 
the remedies provided for in sections 502 through 506 and subsection (a)(6)(B) of this section; and 
      "(II) shall result in the termination of the waiver 
issued under subparagraph (A). 
    "(ii) FAILURE TO PROVIDE LOCAL-INTO-LOCAL 
SERVICE.—If the court issuing a temporary waiver under 
subparagraph (A) determines that the satellite carrier that made the request for such waiver has failed to provide local-
into-local service to all DMAs, but determines that the 
carrier acted reasonably and in  good faith, the court may in 
its discretion impose financial penalties that reflect— 
      "(I) the degree of control the carrier had over the 
circumstances that resulted in the failure; 
      "(II) the quality of the carrier's efforts to remedy 
   the failure; and  
      "(III) the severity and duration of any service 
interruption. 
   "(D) SINGLE TEMPORA RY WAIVER AVAILABLE.—
An entity may only receive one temporary waiver under this 
paragraph. 
   "(E) SHORT MARKET DEFINED.—For purposes of this 
paragraph, the term 'short market ' means a local market in which 
programming of one or more of the four most widely viewed 
television networks nationwide as measured on the date of the enactment of this subsection is not offered on the primary stream 
transmitted by any local television broadcast station. 
  " (3) ESTABLISHMENT OF QUALIFIED CARRIER 
RECOGNITION.—  
   "(A) STATEMENT OF EL IGIBILITY.—An entity seeking 
to be recognized as a qualified car rier under this subsection shall 
file a statement of eligibility with the court that imposed the 
injunction. A statement of eligibility must include— 
    "(i) an affidavit that the entity is providing local-into-
local service to all DMAs;  
    "(ii) a motion for a waiver of the injunction;     "(iii) a motion that the court appoint a special master 
under Rule 53 of the Federal Rules of Civil Procedure; 
    "(iv) an agreement by the carrier to pay all expenses 
incurred by the special master under paragraph (4)(B)(ii); 
and 
    "(v) a certification issued pursuant to section 342(a) of 
Communications Act of 1934. Time period. IP/N/1/USA/C/4 
Page 28  
 
      "(B) GRANT OF RECOGNITION AS A QUALIFIED 
CARRIER.— Upon receipt of a st atement of eligibility, the court 
shall recognize the entity as a qualified carrier and issue the 
waiver under paragraph (1). Upon motion pursuant to 
subparagraph (A)(iii), the court shall appoint a special master to conduct the examination and prov ide a report to the court as 
provided in paragraph (4)(B). 
   "(C) VOLUNTARY TERMINATION.—At any time, an 
entity recognized as a qualified carrier may file a statement of 
voluntary termination with the co urt certifying that it no longer 
wishes to be recognized as a qualified carrier. Upon receipt of 
such statement, the court shall reinstate the injunction waived 
under paragraph (1). 
   "(D) LOSS OF RECOGNITION PREVENTS FUTURE 
RECOGNITION.— No entity may be recognized as a qualified 
carrier if such entity had previously been recognized as a qualified carrier and subsequently lost such recognition or 
voluntarily terminated such recognition under subparagraph (C). 
  "(4) QUALIFIED CARRIER OBLIGATIONS AND 
COMPLIANCE.— 
   "(A) CONTINUING OBLIGATIONS.— 
    "(i) IN GENERAL.—A n entity recognized as a 
qualified carrier shall continue to provide local-into-local 
service to all DMAs. 
    "(ii) COOPERATION WITH COMPLIANCE 
EXAMINATION.— An entity recognized as a qualified 
carrier shall fully cooperat e with the special master 
appointed by the court under paragraph (3)(B) in an 
examination set forth in subparagraph (B). 
   "(B) QUALIFIED CARRIER COMPLIANCE 
EXAMINATION.— 
    "(i) EXAMINATION AND REPORT.—A special 
master appointed by the court under paragraph (3)(B) shall conduct an examination of, and f ile a report on, the qualified 
carrier's compliance with the royalty payment and household 
eligibility requirements of the licence under this section. The report shall address the qualifi ed carrier's conduct during the 
period beginning on the date on which the qualified carrier 
is recognized as such under paragraph (3)(B) and ending on April 30, 2012. 
    "(ii) RECORDS OF QUALIFIED CARRIER.—
Beginning on the date that is one year after the date on which the qualified carrier is recognized as such under 
paragraph (3)(B), but not late r than December 1, 2011, the 
qualified carrier shall provide the special master with all records that the special master considers to be directly 
pertinent to the following requirements under this section: 
      "(I) Proper calculation and payment of royalties 
under the statutory license under this section. 
      "(II) Provision of service under this licence to 
eligible subscribers only. 
  
 
 
Appointment. 
Reports.  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Time period. 
 
 
 
 
Time period. 
  IP/N/1/USA/C/4 
 Page 29 
 
 
  Records. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Deadline. 
 
 
 
 
 
 
 
 
 
 
Reports. 
Records. 
       "(iii) SUBMISSION  OF REPORT.—The special 
master shall file the report required by clause (i) not later than July 24, 2012, with the court referred to in 
paragraph (1) that issued the injunction, and the court 
shall transmit a copy of the report to the Register of Copyrights, the Committees on the Judiciary and on 
Energy and Commerce of the House of 
Representatives, and the Committees on the Judiciary 
and on Commerce, Science, and Transportation of the 
Senate. 
      "(iv) EVIDENCE OF INFRINGEMENT.—The 
special master shall include in the report a statement of 
whether the examination by the special master indicated that there is su bstantial evidence that a 
copyright holder could bring a successful action under 
this section against the qualified carrier for infringement. 
      "(v) SUBSEQUENT EXAMINATION.—If the 
special master's report includes a statement that its examination indicated the existence of substantial 
evidence that a copyright holder could bring a 
successful action under th is section against the 
qualified carrier for infringement, the special master 
shall, not later than 6 months after the report under 
clause (i) is filed, initiate another examination of the qualified carrier's compliance with the royalty license 
under this section since the last report was filed under 
clause (iii). The special master shall file a report on the 
results of the examination conducted under this clause 
with the court referred to in  paragraph (1) that issued 
the injunction, and the court shall transmit a copy to 
the Register of Copyrights, the Committees on the 
Judiciary and on Energy and Commerce of the House of Representatives, and the Committees on the 
Judiciary and on Commerce, Science, and 
Transportation of the payment and household eligibility requirements of the Senate. The report shall 
include a statement described in clause (iv). 
      "(vi) COMPLIANCE.—Upon motion filed by an 
aggrieved copyright owner, the court recognizing an 
entity as a qualified carrier shall terminate such 
designation upon finding that the entity has failed to cooperate with the examinations required by this 
subparagraph.  IP/N/1/USA/C/4 
Page 30  
 
         "(vii) OVERSIGHT.—During the period of time 
that the special master is conducting an examination under this subparagraph, the Comptroller General shall 
monitor the degree to which the entity seeking to be 
recognized or recognized as a qualified carrier under 
paragraph (3) is complying with the special master's 
examination. The qualified ca rrier shall make available 
to the Comptroller General all records and individuals 
that the Comptroller General considers necessary to 
meet the Comptroller General's obligations under this clause. The Comptroller General shall report the 
results of the monitoring required by this clause to the 
Committees on the Judiciary and on Energy and Commerce of the House of Representatives and the 
Committees on the Judiciary and on Commerce, 
Science, and Transportation of the Senate at intervals of not less than six months during such period. 
   "(C) AFFIRMATION.—A qua lified carrier shall file an 
affidavit with the district court and the Register of Copyrights 30 months after such status was granted stating that, to the best of 
the affiant's knowledge, it is in compliance with the requirements 
for a qualified carrier. The qualified carrier shall attach to its affidavit copies of all reports or orders issued by the court, the 
special master, and the Comptroller General. 
   "(D) COMPLIANCE DETERMINATION.—Upon the 
motion of an aggrieved television broadcast station, the court 
recognizing an entity as a qu alified carrier may make a 
determination of whether the entity is providing local-into-local 
service to all DMAs. 
   "(E) PLEADING REQUIREMENT.—In any motion 
brought under subparagraph (D), the party making such motion 
shall specify one or more designated market areas (as such term is 
defined in section 122(j)(2)(C)) for which the failure to provide service is being alleged, and, for each such designated market 
area, shall plead with particularity the circumstances of the 
alleged failure. 
   "(F) BURDEN OF PROOF.—In any proceeding to make a 
determination under subparagraph (D), and with respect to a 
designated market area for which failure to provide service is 
alleged, the entity recognized as a qualified carrier shall have the 
burden of proving that the entity provided local-into-local service 
with a good quality satellite signal to at least 90 percent of the households in such designated market area (based on the most 
recent census data released by the United States Census Bureau) 
at the time and place alleged. 
  "(5) FAILURE TO PROVIDE SERVICE.— 
   "(A) PENALTIES.—If the co urt recognizing an entity as a 
qualified carrier finds that such entity has wilfully failed to 
provide local-into-local service to  all DMAs, such finding shall 
result in the loss of recognition of the entity as a qualified carrier and the termination of the waiver provided under paragraph (1), 
and the court may, in its discretion— 
    "(i) treat such failure as  an act of infringement under 
section 501, and subject such infringement to the remedies 
provided for in sections 502 through 506 and 
subsection (a)(6)(B) of this section; and 
  
 
 
 
 
 
 
Records. 
 
 
 
Reports. 
Deadlines. 
 
 
 
 
 
 Affidavits. 
Deadline. 
 
 
 
  IP/N/1/USA/C/4 
 Page 31 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 708. 
      "(ii) impose a fine of not less than $250,000 and not 
more than $5,000,000.  
   "(B) EXCEPTION FOR NONWILLFUL VIOLATION.—If 
the court determines that the failure to provide local-into-local 
service to all DMAs is nonwillful, the court may in its discretion impose financial penalties for noncompliance that reflect— 
    "(i) the degree of control the entity had over the 
circumstances that resulted in the failure; 
    "(ii) the quality of the entity's efforts to remedy the 
failure and restore service; and 
    "(iii) the severity and duration of any service 
interruption. 
  "(6) PENALTIES FOR VIOLATIONS OF LICENSE.—A court 
that finds, under subsection (a)(6)(A ), that an entity recognized as a 
qualified carrier has willfully made  a secondary transmission of a 
primary transmission made by a network station and embodying a performance or display of a work to a subscriber who is not eligible to 
receive the transmission under this section shall reinstate the injunction 
waived under paragraph (1), and the court may order statutory damages of not more than $2,500,000. 
  "(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS 
DEFINED.— For purposes of this subsection: 
   "(A) IN GENERAL.—An entity  provides 'local-into-local 
service to all DMAs' if the entity provides local service in all 
designated market areas (as such term is defined in section 122(j)(2)(C)) pursuant to the license under section 122. 
   "(B) HOUSEHOLD COVERAGE.—For purposes of 
subparagraph (A), an entity that makes available local-into-local 
service with a good quality satellite signal to at least 90 percent of 
the households in a designated market area based on the most recent census data released by the United States Census Bureau 
shall be considered to be providing local service to such 
designated market area. 
   "(C) GOOD QUALITY SATELLITE SIGNAL 
DEFINED.—The term 'good qua lity satellite signal' has the 
meaning given such term under section 342(e)(2) of Communications Act of 1934.". 
 
SEC. 106. COPYRIGHT OFFICE FEES. 
 
 Section 708(a) is amended— 
  (1) in paragraph (8), by striking "and" after the semicolon;   (2) in paragraph (9), by striking the period and inserting a 
semicolon; 
  (3) by inserting after paragraph (9) the following:   "(10) on filing a statement of account based on secondary 
transmissions of primary transmissions pursuant to section 119 or 122; 
and 
  "(11) on filing a statement of account based on secondary 
transmissions of primary transmissions pursuant to section 111."; and 
  (4) by adding at the end th e following new sentence: "Fees 
established under paragraphs (10) and (11) shall be reasonable and may 
not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the  collection and administration 
of the statements of account and an y royalty fees deposited with such 
statements.". 
  IP/N/1/USA/C/4 
Page 32  
 
    
SEC. 107. TERMINATION OF LICENSE. 
 
 (a) TERMINATION.—Section 119 of title 17, United States Code, as 
amended by this Act, shall cease to be effective on December 31, 2014.  
 (b) CONFORMING AMENDMENT.—Section 1003(a)(2)(A) of 
Public Law 111–118 (17 U.S.C. 119 note) is repealed. 
 
SEC. 108. CONSTRUCTION. 
 
 Nothing in section 111, 119, or 122 of title 17, United States Code, 
including the amendments made to such sections by this title, shall be 
construed to affect the meaning of any terms under the Communications Act of 1934, except to the extent that such sections are specifically cross-
referenced in such Act or the regulations issued thereunder. 
 
TITLE II—COMMUNICATIO NS PROVISIONS 
 
SEC. 201. REFERENCE.  
 Except as otherwise provided, whenever in this title an amendment is 
made to a section or other provision, the reference shall be considered to be made to such section or provision of the Communications Act of 1934 (47 
U.S.C. 151 et seq.). 
 
SEC. 202. EXTENSION OF AUTHORITY. 
 
 Section 325(b) is amended— 
  (1) in paragraph (2)(C), by striking "May 31, 2010" and inserting 
"December 31, 2014"; and 
  (2) in paragraph (3)(C), by st riking "June 1, 2010" each place it 
appears in clauses (ii) and (iii) and inserting "January 1, 2015". 
 
SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 
 
 (a) IN GENERAL.—Paragraphs (1) and (2) of section 340(b) are amended to read as follows: 
  "(1) SERVICE LIMITED TO SUBSCRIBERS TAKING 
LOCAL-INTO-LOCAL SERVICE.—This section shall apply only to retransmissions to subscribers of a satellite carrier who receive 
retransmissions of a signal from that satellite carrier pursuant to 
section 338. 
  "(2) SERVICE LIMITATION S.—A satellite carrier may 
retransmit to a subscriber in high definition format the signal of a 
station determined by the Commission to be significantly viewed under subsection (a) only if such carrier also retransmits in high definition 
format the signal of a station locat ed in the local market of such 
subscriber and affiliated with the sa me network whenever such format 
is available from such station.". 
 (b) RULEMAKING REQUIRED.—Within  270 days after the date of 
the enactment of this Act, the Federal Communications Commission shall take 
all actions necessary to promulgate a rule to implement the amendments made 
by subsection (a).   
 
 
17 USC 119 
note. 
 
Repeal. 
 
 
17 USC 111 
note. 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
47 USC 325. 
 
 
 
 
 
 
 
 
47 USC 340. 
 
 
Applicability. 
 
 
 
 
 
 
 
 
 
 
  
Deadline. 
47 USC 340 
note. 
  IP/N/1/USA/C/4 
 Page 33 
 
 
   
 
 
 
47 USC 338. 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
47 USC 339. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Applicability. 
Deadlines. SEC. 204.  DIGITAL TELEVIS ION TRANSITION  CONFORMING 
AMENDMENTS. 
 
 (a) SECTION 338.—Section 338 is amended— 
  (1) in subsection (a), by striking "(3) EFFECTIVE DATE.— No 
satellite" and all that follows through "until January 1, 2002."; and 
  (2) by amending subsection (g) to read as follows: 
 "(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE 
RECEPTION ANTENNA.— 
  "(1) SINGLE RECEPTION ANT ENNA.—Each satellite carrier 
that retransmits the signals of local television broadcast stations in a 
local market shall retransmit such stations in such market so that a 
subscriber may receive such stati ons by means of a single reception 
antenna and associated equipment. 
  "(2) ADDITIONAL RECEPTION ANTENNA.—If the carrier 
retransmits the signals of local television broadcast stations in a local market in high definition format, the carrier shall retransmit such 
signals in such market so that a su bscriber may receive such signals by 
means of a single reception antenna and associated equipment, but such 
antenna and associated equipment may be separate from the single 
reception antenna and associated eq uipment used to comply with 
paragraph (1).".  
 (b) SECTION 339.—Section 339 is amended— 
  (1) in subsection (a)— 
   (A) in paragraph (1)(B), by striking "Such two network 
stations" and all that follows through "more than two network 
stations."; and 
   (B) in paragraph (2)— 
    (i) in the heading for subparagraph (A), by striking 
"TO ANALOG SIGNALS"; 
    (ii) in subparagraph (A)— 
      (I) in the heading for clause (i), by striking" 
ANALOG"; 
      (II) in clause (i)— 
       (aa) by striking "analog" each place it 
appears; and 
       (bb) by striking "October 1, 2004" and 
inserting "October 1, 2009"; 
      (III) in the heading for clause (ii), by striking 
"ANALOG"; and 
      (IV) in clause (ii)— 
       (aa) by striking "analog" each place it 
appears; and 
       (bb) by striking "2004" and inserting 
"2009"; 
    (iii) by amending subparagraph (B) to read as follows: 
   "(B) RULES FOR OTHER SUBSCRIBERS.— 
    "(i) IN GENERAL.—In the case of a subscriber of a 
satellite carrier who is eligible to receive the signal of a 
network station under this section (in this subparagraph referred to as a 'distant signal' ), other than subscribers to 
whom subparagraph (A) applies, the following shall apply: 
  IP/N/1/USA/C/4 
Page 34  
 
         "(I) In a case in which the satellite carrier makes 
available to that subscriber, on January 1, 2005, the signal of a local network station affiliated with the 
same television network pursuant to section 338, the 
carrier may only provide the secondary transmissions of the distant signal of a station affiliated with the 
same network to that subscr iber if the subscriber's 
satellite carrier, not later than March 1, 2005, submits 
to that television network the list and statement 
required by subparagraph (F)(i). 
      "(II) In a case in which the satellite carrier does 
not make available to that subscriber, on 
January 1, 2005, the signal of a local network station pursuant to section 338, the carrier may only provide 
the secondary transmissions of the distant signal of a 
station affiliated with the same network to that subscriber if— 
       "(aa) that subscriber seeks to subscribe to 
such distant signal before the date on which such carrier commences to carry pursuant to 
section 338 the signals of stations from the local 
market of such local network station; and 
      "(bb) the satellite carrier, within 60 days 
after such date, submits to each television 
network the list and statement required by subparagraph (F)(ii). 
    "(ii) SPECIAL CIRCUMSTANCES.—A subscriber of 
a satellite carrier who was la wfully receiving the distant 
signal of a network station on the day before the date of 
enactment of the Satellite Television Extension and Localism Act of 2010 may receive both such distant signal 
and the local signal of a network station affiliated with the 
same network until such subscriber chooses to no longer receive such distant signal from  such carrier, whether or not 
such subscriber elects to subscribe to such local signal."; 
    (iv) in subparagraph (C)—       (I) by striking "analog"; 
      (II) in clause (i), by striking "the Satellite Home 
Viewer Extension and Reauthorization Act of 2004; and" and inserting the following:  
    "the Satellite Television Extension and Localism Act 
of 2010 and, at the time such  person seeks to subscribe 
to receive such secondary transmission, resides in a 
local market where the satellite carrier makes available 
to that person the signal of a local network station affiliated with the same television network pursuant to 
section 338 (and the retransmission of such signal by 
such carrier can reach such  subscriber); or"; and 
   IP/N/1/USA/C/4 
 Page 35 
 
 
         (III) by amending cl ause (ii) to read as follows: 
    "(ii) lawfully subscribes to and receives a distant signal 
on or after the date of enactment of the Satellite Television 
Extension and Localism Act of 2010, and, subsequent to 
such subscription, the satellite carrier makes available to that subscriber the signal of a lo cal network station affiliated 
with the same network as the distant signal (and the 
retransmission of such Deadline. signal by such carrier can 
reach such subscriber), unless such person subscribes to the 
signal of the local network station within 60 days after such signal is made available."; 
    (v) in subparagraph (D)— 
      (I) in the heading, by striking "DIGITAL";       (II) by striking clauses (i), (iii) through (v), (vii) 
through (ix), and (xi); 
      (III) by redesignating clause (vi) as clause (i) and 
transferring such clause to appear before clause (ii); 
      (IV) by amending such clause (i) (as so 
redesignated) to read as follows: 
    "(i) ELIGIBILITY  AND SIGNAL TESTING.—A 
subscriber of a satellite carrier shall be eligible to receive a 
distant signal of a network station affiliated with the same network under this section if, with respect to a local network 
station, such subscriber— 
      "(I) is a subscriber whose household is not 
predicted by the model specified in subsection (c)(3) to 
receive the signal intensity required under 
section 73.622(e)(1) or, in  the case of a low-power 
station or translator station transmitting an analog 
signal, section 73.683(a) of title 47, Code of Federal Regulations, or a successor regulation; 
      "(II) is determined, based on a test conducted in 
accordance with section 73.686(d) of title 47, Code of Federal Regulations, or any successor regulation, not to 
be able to receive a signal that exceeds the signal 
intensity standard in section 73.622(e)(1) or, in the case of a low-power station or translator station transmitting 
an analog signal, section 73.683(a) of such title, or a 
successor regulation; or 
      "(III) is in an unserved household, as determined 
under section 119(d)(10)(A) of title 17, United States 
Code."; 
      (V) in clause (ii)— 
       (aa) by striking "DIGITAL" in the heading; 
       (bb) by striking "digital" the first two places 
such term appears; 
       (cc) by striking "Satellite Home Viewer 
Extension and Reauthorization Act of 2004" and 
inserting "Satellite Television Extension and 
Localism Act of 2010"; and 
       (dd) by striking ", whether or not such 
subscriber elects to subscribe to local digital 
signals"; 
  
Deadline. IP/N/1/USA/C/4 
Page 36  
 
         (VI) by inserting after clause (ii) the following 
new clause: 
   "(iii) TIME-SHIFTING PROH IBITED.—In a case in which 
the satellite carrier makes available to an eligible subscriber under 
this subparagraph the signal of a local network station pursuant to section 338, the carrier may only provide the distant signal of a 
station affiliated with the same ne twork to that subscriber if, in 
the case of any local market in th e 48 contiguous States of the 
United States, the distant signal is the secondary transmission of a 
station whose prime time network programming is generally broadcast simultaneously with, or later than, the prime time 
network programming of the affiliate of the same network in the 
local market."; and 
      (VII) by redesignating clause (x) as clause (iv); 
and 
   (vi) in subparagraph (E), by striking "distant analog signal 
or" and all that follows through "(B), or (D))" and inserting 
"distant signal"; 
 (2) in subsection (c)—   (A) by amending paragraph (3) to read as follows: 
  "(3) ESTABLISHMENT OF IMPROVED PREDICTIVE 
MODEL AND ON-LOCATION TESTING REQUIRED.— 
  "(A) PREDICTIVE MODEL.—Within  270 days after the date of 
the enactment of the Satellite Television Extension and Localism Act 
of 2010, the Commission shall develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining 
the ability of individual locations, through the use of an antenna, to 
receive signals in accordance with the signal intensity standard in 
section 73.622(e)(1) of title 47, Code of Federal Regulations, or a 
successor regulation, including to acc ount for the continuing operation 
of translator stations and low power television stations. In prescribing 
such model, the Commission shall rely on the Individual Location 
Longley-Rice model set forth by the Commission in CS Docket No. 98–201, as previously revised with respect to analog signals, and 
as recommended by the Commission with respect to digital signals in 
its Report to Congress in ET Docket No. 05–182, FCC 05–199 (released December 9, 2005). The Commission shall establish 
procedures for the continued refinement in the application of the model 
by the use of additional data as it becomes available. 
  "(B) ON-LOCATION TESTING.—The Commission shall issue 
an order completing its rulemaking proceeding in ET Docket No. 06–
94 within 270 days after the date of enactment of the Satellite Television Extension and Localism Act of 2010. In conducting such 
rulemaking, the Commission shall seek ways to minimize consumer 
burdens associated with on-location testing."; 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Deadlines. 
 
Regulations. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Procedures.  
 
  IP/N/1/USA/C/4 
 Page 37 
 
 
   
 
 
 
 
 
 
 
 
 
Deadline. 
 
 
 
 
 
 
 
  
 
 
 
47 USC 340. 
 
 
47 USC 338 
note. 
 
Time period. 
 
 
 
 
 
 
 
 
 
Applicability. 
   (B) by amending paragraph (4)(A) to read as follows: 
  "(A) IN GENERAL.—If a subscriber's request for a waiver under 
paragraph (2) is rejected and the subs criber submits to the subscriber's 
satellite carrier a request for a test verifying the subscriber's inability to 
receive a signal of the signal intens ity referenced in clause (i) of 
subsection (a)(2)(D), the satellite carrier and the network station or 
stations asserting that the retransmission is prohibited with respect to 
that subscriber shall select a qualified and independent person to 
conduct the test referenced in such clause. Such test shall be conducted 
within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in 
accordance with such clause demonstr ate that the subscriber does not 
receive a signal that meets or ex ceeds the requisite signal intensity 
standard in such clause, the subscriber shall not be denied the 
retransmission of a signal of a network station under 
section 119(d)(10)(A ) of title 17, United States Code."; 
  (C) in paragraph (4)(B), by striking "the signal intensity" and all 
that follows through "United States Code" and inserting "such requisite 
signal intensity standard"; and 
  (D) in paragraph (4)(E), by striking "Grade B intensity". 
 (c) SECTION 340.—Section 340(i) is amended by striking 
paragraph (4).  
SEC. 205. APPLICATION PENDING COMPLETION OF 
RULEMAKINGS. 
 
 (a) IN GENERAL.—During the period beginning on the date of the 
enactment of this Act and ending on the date on which the Federal 
Communications Commission adopts rules pursuant to the amendments to the 
Communications Act of 1934 made by section 203 and section 204 of this title, the Federal Communications Commission shall follow its rules and 
regulations promulgated pursuant to sections 338, 339, and 340 of the 
Communications Act of 1934 as in effect on the day before the date of the enactment of this Act. 
 (b) TRANSLATOR STATIONS AND LOW POWER TELEVISION 
STATIONS.— Notwithstanding subsection (a), for purposes of determining whether a subscriber within the local mark et served by a translator station or a 
low power television station affiliated with  a television network is eligible to 
receive distant signals under section 339  of the Communications Act of 1934, 
the rules and regulations of the Federal Communications Commission for 
determining such subscriber's eligibility as in effect on the day before the date 
of the enactment of this Act shall apply until the date on which the translator station or low power television station is licensed to broadcast a digital signal. 
 (c) DEFINITIONS.—As used in this subtitle: 
  (1) LOCAL MARKET; LOW POWER TELEVISION 
STATION; SATELLITE CARRIER; SUBSCRIBER; TELEVISION 
BROADCAST STATION.— The terms "local market", "low power 
television station", "satellite carrier", "subscriber", and "television 
broadcast station" have the meanings given such terms in 
section 338(k) of the Communications Act of 1934. 
  (2) NETWORK STATION; TELEVISION NETWORK.—The 
terms "network station" and "telev ision network" have the meanings 
given such terms in section 339(d) of such Act. 
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47 USC 342. 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Submission.  
SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION. 
 
 Part I of title III is amended by adding at the end the following new section: 
 
"SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 
CERTIFICATION. 
 
 "(a) CERTIFICATION. —The Commission shall issue a certification 
for the purposes of section 119(g)(3)(A)( iii) of title 17, United States Code, if 
the Commission determines that—   "(1) a satellite carrier is providing local service pursuant to the 
statutory license under section 122 of such title in each designated 
market area; and  
   "(2) with respect to each de signated market area in which such 
satellite carrier was not providing such local service as of the date of 
enactment of the Satellite Television Extension and Localism Act of 2010— 
   "(A) the satellite carrier's satellite beams are designed, and 
predicted by the satellite manufactur er's pre-launch test data, to 
provide a good quality satellite signal to at least 90 percent of the 
households in each such designa ted market area based on the 
most recent census data released  by the United States Census 
Bureau; and 
   "(B) there is no material evidence that there has been a  
satellite or sub-system failure subsequent to the satellite's launch 
that precludes the ability of the satellite carrier to satisfy the 
requirements of subparagraph (A). 
 "(b) INFORMATION REQUIR ED.—Any entity seeking the 
certification provided for in subsection (a) shall submit to the Commission the 
following information:   "(1) An affidavit stating that, to the best of the affiant's 
knowledge, the satellite carrier provides local service in all designated 
market areas pursuant to the st atutory license provided for in 
section 122 of title 17, United States Code, and listing those designated 
market areas in which local service was provided as of the date of 
enactment of the Satellite Television Extension and Localism Act of 2010. 
  "(2) For each designated market area not listed in paragraph (1): 
   "(A) Identification of each such designated market area and 
the location of its local receive facility. 
   "(B) Data showing the number of households, and maps 
showing the geographic distribu tion thereof, in each such 
designated market area based on the most recent census data 
released by the United States Census Bureau. 
   "(C) Maps, with superimposed effective isotropically 
radiated power predictions obtained in the satellite manufacturer's 
pre-launch tests, showing that the contours of the carrier's satellite 
beams as designed and the geographic area that the carrier's 
satellite beams are designed to cover are predicted to provide a 
good quality satellite signal to at least 90 percent of the households in such designated market area based on the most 
recent census data released by the United States Census Bureau. 
   IP/N/1/USA/C/4 
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      "(D) For any satellite relied upon for certification under this 
section, an affidavit stating that, to the best of the affiant's knowledge, there have been no satellite or subsystem failures 
subsequent to the satellite's launch that would degrade the design 
performance to such a degree that  a satellite transponder used to 
provide local service to any su ch designated market area is 
precluded from delivering a good quality satellite signal to at least 
90 percent of the households in such designated market area 
based on the most recent census data released by the United 
States Census Bureau. 
   "(E) Any additional engineerin g, designated market area, or 
other information the Commiss ion considers necessary to 
determine whether the Commission shall grant a certification under this section. 
 "(c) CERTIFICATION ISSUANCE.— 
   "(1) PUBLIC COMMENT.—The Commission shall provide 
30 days for public comment on a request for certification under this 
section. 
  "(2) DEADLINE FOR DECISION.—The Commission shall grant 
or deny a request for certification within 90 days after the date on 
which such request is filed. 
 "(d) SUBSEQUENT AFFIRMATIO N.—An entity granted qualified 
carrier status pursuant to section 119(g) of title 17, United States Code, shall 
file an affidavit with the Commission 30 months after such status was granted 
stating that, to the best of the affiant's knowledge, it is in compliance with the requirements for a qualified carrier. 
 "(e) DEFINITIONS.—For the purposes of this section: 
  "(1) DESIGNATED MARKET AREA.—The term 'designated 
market area' has the meaning given such term in section 122(j)(2)(C) of 
title 17, United States Code. 
  "(2) GOOD QUALITY SATELLITE SIGNAL.— 
   "(A) IN GENERAL.—The term "good quality satellite 
signal" means— 
    "(i) a satellite signal whose power level as designed 
shall achieve reception and dem odulation of the signal at an 
availability level of at least 99.7 percent using— 
      "(I) models of satellite antennas normally used by 
the satellite carrier's subscribers; and 
      "(II) the same calculation methodology used by 
the satellite carrier to determine predicted signal 
availability in the top 100 designated market areas; 
and 
    "(ii) taking into account whether a signal is in standard 
definition format or high definition format, compression 
methodology, modulation, error correction, power level, and utilization of advances in technology that do not circumvent 
the intent of this section to provide for non-discriminatory 
treatment with respect to any comparable television 
broadcast station signal, a video signal transmitted by a 
satellite carrier such that— 
      "(I) the satellite carrier treats all television 
broadcast stations' signals the same with respect to 
statistical multiplexer prioritization; and 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Deadline   
 
 
 
 
Affidavit. 
Deadline. 
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Publication. 
 
 
 
 
 
 
 
 
47 USC 338.  
 
 
  
 
 
 
 
 
Deadlines. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
       "(II) the number of video signals in the relevant 
satellite transponder is not more than the then current greatest number of video signals carried on any 
equivalent transponder serving the top 100 designated 
market areas. 
   "(B) DETERMINATION.—For the purposes of 
subparagraph (A), the top 100 designated market areas shall be as 
determined by Nielsen Media Research and published in the 
Nielsen Station Index Directory and Nielsen Station Index United 
States Television Household Estimates or any successor publication as of the date of a satellite carrier's application for 
certification under this section.". 
 
SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH 
DEFINITION DIGITAL SIGNALS OF NONCOMMERCIAL 
EDUCATIONAL TELEVISION STATIONS. 
 
 (a) IN GENERAL.—Section 338(a) is amended by adding at the 
end the following new paragraph:   "(5) NONDISCRIMINATION IN CARRIAGE OF HIGH 
DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL 
TELEVISION STATIONS.— 
   "(A) EXISTING CARRIAGE OF HIGH DEFINITION 
SIGNALS.— If, before the date of enactment of the Satellite 
Television Extension and Localism Act of 2010, an eligible satellite carrier is providing, under section 122 of title 17, United 
States Code, any secondary transmissions in high definition 
format to subscribers located within the local market of a 
television broadcast station of a primary transmission made by 
that station, then such satellite carrier shall carry the signals in high-definition format of qualified non-commercial educational 
television stations located within that local market in accordance 
with the following schedule: 
    "(i) By December 31, 2010 , in at least 50 per cent of 
the markets in which such satellite carrier provides such 
secondary transmissions in high definition format. 
    "(ii) By December 31, 201 1, in every market in which 
such satellite carrier provides such secondary transmissions 
in high definition format. 
   "(B) NEW INITIATION OF SERVICE.—If, on or after the 
date of enactment of the Satellite Television Extension and 
Localism Act of 2010, an eligible satellite carrier initiates the provision, under section 122 of title 17, United States Code, of 
any secondary transmissions in high definition format to 
subscribers located within the local market of a television 
broadcast station of a primary transmission made by that station, 
then such satellite carrier shall carry the signals in high-definition 
format of all qualified non-commercial educational television 
stations located within that local market.". 
 (b) DEFINITIONS.—Section 338(k) is amended—   (1) by redesignating paragraphs (2) through (8) as paragraphs (3) 
through (9), respectively; 
  
 
 
 
 
 
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     (2) by inserting after paragraph (1) the following new paragraph: 
  "(2) ELIGIBLE SATELLITE CARRIER.—The term 'eligible 
satellite carrier' means any satellite carrier that is not a party to a 
carriage contract that— 
   "(A) governs carriage of at least 30 qualified non-
commercial educational television stations; and  
   "(B) is in force and effect within 150 days after the date of 
enactment of the Satellite Television Extension and Localism Act 
of 2010."; 
  (3) by redesignating paragraphs (6) through (9) (as previously 
redesignated) as paragraphs (7) through (10), respectively; and 
  (4) by inserting after paragraph (5) (as so redesignated) the 
following new paragraph: 
  "(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL 
TELEVISION STATION.—The term  'qualified noncommercial 
educational television station' means any full-power television broadcast station that— 
   "(A) under the rules and regulations of the Commission in 
effect on March 29, 1990, is licensed by the Commission as a noncommercial educational broadcast station and is owned and 
operated by a public agency, nonprofit foundation, nonprofit 
corporation, or nonprofit association; and  
   "(B) has as its licensee an en tity that is eligible to receive a 
community service grant, or any successor grant thereto, from the 
Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in 
section 396(k)(6)(B)  of this title.". 
 
SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS. 
 
 Nothing in this title or the amendments made by this title shall be 
construed to affect— 
  (1) the meaning of the terms "program related" and "primary 
video" under the Communications Act of 1934; or 
  (2) the meaning of the term "multicast" in any regulations issued 
by the Federal Communications Commission. 
 
SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS. 
 
 Section 335(b) is amended— 
  (1) by inserting " STATE PUBLIC AFFAIRS, " after 
"EDUCATIONAL, " in the heading; 
  (2) by striking paragraph (1) and inserting the following: 
  "(1) CHANNEL CA PACITY REQUIRED.— 
   "(A) IN GENERAL.—E xcept as provided in 
subparagraph (B), the Commission sh all require, as a condition of 
any provision, initial authorization, or authorization renewal for a 
provider of direct broadcast satellite service providing video 
programming, that the provider of such service reserve a portion 
of its channel capacity, equal to not less than 4 percent nor more than 7 percent, exclusively for noncommercial programming of 
an educational or informational nature. 
  
 
 
 
 
 
 
Deadline. 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
47 USC 325 
note. 
 
 
 
 
 
 
 
 
47 USC 335. 
 IP/N/1/USA/C/4 
Page 42  
 
   
 
 
 
 
 
 
 
 
 
 
 
 
Definition. 
 
 
 
 
  
 
 
 
 
Definition. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
47 USC 338 
note. 
    "(B) REQUIREMENT FOR QUALIFIED SATELLITE 
PROVIDER.— The Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a 
qualified satellite provider of direct broadcast satellite service 
providing video programming, that such provider reserve a portion of its channel capacity, equal to not less than 3.5 percent 
nor more than 7 percent, ex clusively for noncommercial 
programming of an educational or informational nature."; 
  (3) in paragraph (5), by striking "For purposes of the subsection—
" and inserting "For purposes of this subsection:"; and 
  (4) by adding at the end of paragraph (5) the following: 
   "(C) The term 'qualifie d satellite provider' means any 
provider of direct broadcast satellite service that— 
    "(i) provides the retransmission of the State public 
affairs networks of at least 15 different States; 
    "(ii) offers the programming of State public affairs 
networks upon reasonable prices, terms, and conditions as 
determined by the Commission under paragraph (4); and 
     "(iii) does not delete any noncommercial programming 
of an educational or informational nature in connection with 
the carriage of a State public affairs network. 
   "(D) The term 'State public affairs network' means a non-
commercial non-broadcast netw ork or a non-commercial 
educational television station— 
    "(i) whose programming consists of information about 
State government deliberations and public policy events; and 
    "(ii) that is operated by— 
      "(I) a State govern ment or subdivision thereof; 
      "(II) an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) 
of such Code and that is governed by an independent 
board of directors; or 
      "(III) a cable system.". 
 
TITLE III—REPORTS AND SAVINGS PROVISION 
 
SEC. 301. DEFINITION. 
 
 In this title, the term "appropriate Congressional committees" means 
the Committees on the Judiciary and on Commerce, Science, and 
Transportation of the Senate and the Committees on the Judiciary and on Energy and Commerce of the House of Representatives. 
 
SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO 
STATUTORY LICENSING. 
 
 Not later than 18 months after the date of the enactment of this Act, 
and after consultation with the Federal Communications Commission, the 
Register of Copyrights shall submit to the appropriate Congressional committees a report containing— 
   IP/N/1/USA/C/4 
 Page 43 
 
 
     (1) proposed mechanisms, methods, and recommendations on 
how to implement a phase-out of the statutory licensing requirements set forth in sections 111, 119, and 122 of title 17, United States Code, 
by making such sections inapplicable to the secondary transmission of 
a performance or display of a work embodied in a primary transmission of a broadcast station that is authorized to license the same secondary 
transmission directly with respect to all of the performances and 
displays embodied in such primary transmission;   
  (2) any recommendations for alternative means to implement a 
timely and effective phase-out of the statutory licensing requirements 
set forth in sections 111, 119, and 122 of title 17, United States Code; 
and 
  (3) any recommendations for legi slative or administrative actions 
as may be appropriate to achieve such a phase-out. 
 
SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF 
STATUTORY LICENSING MODIFICATIONS. 
 
 (a) STUDY.—The Comptroller General shall conduct a study that analyzes and evaluates the changes to  the carriage requir ements currently 
imposed on multichannel video programming distributors under the 
Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Federal Communications Commission that would be 
required or beneficial to consumers, an d such other matters as the Comptroller 
General deems appropriate,  if Congress implemented a phase-out of the 
current statutory licensing re quirements set forth under sections 111, 119, and 
122 of title 17, United States Code. Among other things, the study shall 
consider the impact such  a phase-out and related changes to carriage 
requirements would have on consumer  prices and access to programming. 
 (b) REPORT.—Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall report to the appropriate 
Congressional committees  the results of the study, including any 
recommendations for legislative or administrative actions. 
 
SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING. 
 
 Not later than 18 months after the date of the enactment of this Act, the 
Federal Communications Commission shall submit to the appropriate 
Congressional committees a report  containing an analysis of— 
  (1) the number of households in a State that receive the signals of 
local broadcast stations assigned to a community of license that is 
located in a different State; 
  (2) the extent to which consumers in each local market have 
access to in-state broadcast programming over the air or from a 
multichannel video programming distributor; and 
  (3) whether there are alternatives  to the use of designated market 
areas, as defined in section 122 of title 17, United States Code, to 
define local markets that would provide more consumers with in-state 
broadcast programming. 
 
SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS. 
 
 (a) REQUIREMENT.—   (1) IN GENERAL.—On the 270th day after the date of the 
enactment of this Act, and on each succeeding anniversary of such 
270th day, each satellite carrier shall submit an annual report to the Federal Communications Commission setting forth— 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
47 USC 338 
note. 
 
 
 IP/N/1/USA/C/4 
Page 44  
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 111 
note. 
 
 
 
 
    (A) each local market in which it— 
    (i) retransmits signals of 1 or more television broadcast 
stations with a community of license in that market; 
    (ii) has commenced pr oviding such signals in the 
preceding 1-year period; and 
    (iii) has ceased to provid e such signals in the preceding 
1-year period; and 
   (B) detailed information regarding the use and potential use 
of satellite capacity for the retran smission of local signals in each 
local market.   
  (2) TERMINATION.—The requirement under paragraph (1) 
shall cease after each satellite carrier has submitted 5 reports under 
such paragraph. 
 (b) FCC STUDY; REPORT.— 
  (1) STUDY.—If no satellite carrier files a request for a 
certification under section 342 of the Communications Act of 1934 (as added by section 206 of this title) within 270 days after the date of the 
enactment of this Act, the Federal Communications Commission shall 
initiate a study of— 
   (A) incentives that would induce a satellite carrier to provide 
the signals of 1 or more television broadcast stations licensed to 
provide signals in local markets in which the satellite carrier does not provide such signals; and 
   (B) the economic and satellite capacity conditions affecting 
delivery of local signals by satellite carriers to these markets. 
  (2) REPORT.—Within 1 year afte r the date of the initiation of the 
study under paragraph (1), the Federal Communications Commission 
shall submit a report to the appr opriate Congressional committees 
containing its findings, conclusions, and recommendations. 
 (c) DEFINITIONS.—In this section—   (1) the terms "local market" and "satellite carrier" have the 
meaning given such terms in section 339(d) of the Communications 
Act of 1934 (47 U.S.C. 339(d)); and 
  (2) the term "television broadcast station" has the meaning given 
such term in section 325(b)(7) of such Act (47 U.S.C. 325(b)(7)). 
 
SEC. 306. SAVINGS PROVISION REGARDING USE OF 
NEGOTIATED LICENSES. 
 
 (a) IN GENERAL.—Nothing in this Act, title 17, United States Code, 
the Communications Act of 1934, regulations promulgated by the Register of 
Copyrights under this title or title 17, United States Code, or regulations promulgated by the Federal Communications Commission under this Act or 
the Communications Act of 1934 shall be construed to prevent a multichannel 
video programming distributor from retransmitting a performance or display of a work pursuant to an authorization granted by the copyright owner or, if 
within the scope of its authorization, its licensee. 
 
 (b) LIMITATION.—Nothing in subsection (a) shall be construed to 
affect any obligation of a multichannel video programming distributor under section 325(b) of the Communications Act of 1934 to obtain the authority of a 
television broadcast station before retransmitting that station's signal. 
 
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   SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF 
COPYRIGHT. 
 
 (a) EFFECTIVE DATE.—Unless specifi cally provided otherwise, this 
Act, and the amendments made by this Act, shall take effect on February 27, 2010, and with the exceptio n of the reference in subsection (b), 
all references to the date of enactment of this Act shall be deemed to refer to 
February 27, 2010, unless otherwise specified. 
 (b) NONINFRINGEMENT OF COPYRIGHT.—The secondary 
transmission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if it was made by a satellite 
carrier on or after February 27, 2010, and prior to enactment of this Act, and 
was in compliance with the law as in existence on February 27, 2010. 
 
 
TITLE IV—SEVERABILITY 
 
SEC. 401. SEVERABILITY. 
 
 If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or circumstance is 
held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person 
or circumstance shall not be affected thereby. 
 
TITLE V—DETERMINATION OF BUDGETARY EFFECTS 
 
SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 
 
 (a) IN GENERAL.—The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be 
determined by reference to the latest statement titled "Budgetary Effects of 
PAYGO Legislation" for this Act, subm itted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that such 
statement has been submitted prior to the vote on passage. 
  Approved May 27, 2010. 
 
  
 17 USC 111 
note. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17 USC 111 
note.  
 
 
 
 
 
 
  
 
 
 
 __________________________________________________ 
LEGISLATIVE HISTORY - S. 3333: 
CONGRESSIONAL RECORD , Vol. 156 (2010) 
 May 7, considered and passed Senate. 
 May 12, considered and passed House. 
  
 
__________