II

103D CONGRESS

1ST SESSION S. 1485

To extend certain satellite carrier compulsory licenses, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22 (legislative day, SEPTEMBER 7), 1993

Mr. DECONCINI introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To extend certain satellite carrier compulsory licenses, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Satellite Carrier Com5 pulsory License Extension Act of 1993’’.

6 SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS.

7 Section 119 of title 17, United States Code, is

8 amended—

9 (1) in subsection (a)(2)—

10 (A) in subparagraph (C)—
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1 (i) by striking out ‘‘90 days after the

2 effective date of the Satellite Home Viewer

3 Act of 1988, or’’;

4 (ii) by striking out ‘‘whichever is

5 later,’’;

6 (iii) by inserting ‘‘name and’’ after

7 ‘‘identifying (by’’ each place it appears;

8 and

9 (iv) by striking out ‘‘, on or after the

10 effective date of the Satellite Home Viewer

11 Act of 1988,’’; and

12 (B) by adding at the end thereof the fol13 lowing new subparagraph:

14 ‘‘(D) SAMPLE SITE MEASUREMENTS.—On

15 or before January 1, 1995, and thereafter on or

16 before each January 1, upon the request of a

17 network each satellite carrier referred to under

18 subparagraph (C) shall, jointly with that net19 work, conduct measurements of the reception of

20 over-the-air television broadcast signals of net21 work stations affiliated with that network. The

22 foregoing measurements shall be conducted

23 within the predicted Grade B contours of up to

24 5 network affiliated stations selected by the net25 work and taken at up to 20 subscriber house-
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1 holds per affiliated station that are selected by

2 the network.’’;

3 (2) in subsection (a)(5)(C) by striking out ‘‘the

4 Satellite Home Viewer Act of 1988’’ and inserting in

5 lieu thereof ‘‘this section’’;

6 (3) in subsection (b)(1)(B)—

7 (A) in clause (i) by striking out ‘‘12 cents’’

8 and inserting in lieu thereof ‘‘17.5 cents per

9 subscriber in the case of superstations not sub10 ject to syndicated exclusivity under the regula11 tions of the Federal Communications Commis12 sion, and 14 cents per subscriber in the case of

13 superstations subject to such syndicated exclu14 sivity’’; and

15 (B) in clause (ii) by striking out ‘‘3’’ and

16 inserting in lieu thereof ‘‘6’’;

17 (4) in subsection (c)—

18 (A) in the heading by striking out ‘‘DE19 TERMINATION’’ and inserting in lieu thereof

20 ‘‘ADJUSTMENT’’;

21 (B) in paragraph (1)—

22 (i) by striking out ‘‘December 31,

23 1992, unless’’; and
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1 (ii) by striking out ‘‘After that date,’’

2 and inserting in lieu thereof ‘‘All adjust3 ments of’’;

4 (C) in paragraph (2)—

5 (i) in subparagraph (A) by striking

6 out ‘‘July 1, 1991,’’ and inserting in lieu

7 thereof ‘‘January 1, 1996, and every 5

8 years thereafter,’’; and

9 (ii) in subparagraph (D) by striking

10 out ‘‘until December 31, 1994’’ and insert11 ing in lieu thereof ‘‘in accordance with the

12 terms of the agreement’’; and

13 (D) in paragraph (3)—

14 (i) in subparagraph (A) by striking

15 out ‘‘December 31, 1991,’’ and inserting in

16 lieu thereof ‘‘July 1, 1996, and every 5

17 years thereafter,’’;

18 (ii) in subparagraph (E) by striking

19 out ‘‘60’’ and inserting in lieu thereof

20 ‘‘180’’; and

21 (iii) in subparagraph (G) by striking

22 out ‘‘, or until December 31, 1994’’; and

23 (5) in subsection (d)—

24 (A) by amending paragraph (2) to read as

25 follows:
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1 ‘‘(2) NETWORK STATION.—The term ‘network

2 station’ means a television broadcast station, includ3 ing any translator station or terrestrial satellite sta4 tion that rebroadcasts all or substantially all of the

5 programming broadcast by a network station, that is

6 owned or operated by, or affiliated with, one or more

7 of the television networks in the United States which

8 offer an interconnected program service on a regular

9 basis for 15 or more hours per week to at least 25

10 of its affiliated television licensees in 10 or more

11 States.’’; and

12 (B) in paragraph (6) by inserting ‘‘, and

13 operates in the Fixed Satellite Service under

14 part 25 of title 47 of the Code of Federal Regu15 lations or the Direct Broadcast Satellite Service

16 under part 100 of title 47 of the Code of Fed17 eral Regulations,’’ after ‘‘Commission’’.

18 SEC. 3. CABLE COMPULSORY LICENSE.

19 Section 111(f) of title 17, United States Code, is

20 amended in the paragraph relating to the definition of

21 ‘‘cable system’’ by striking out ‘‘wires, cables’’ and insert22 ing in lieu thereof ‘‘wires, microwave cables, terrestrially

23 based transmission paths,’’.

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