II 

Calendar No. 584 

108TH CONGRESS 

2D SESSION S. 2013 

To amend section 119 of title 17, United States Code, to extend satellite 

home viewer provisions. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 21, 2004 

Mr. HATCH (for himself, Mr. LEAHY, Mr. DEWINE, and Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

JUNE 17, 2004 

Reported by Mr. HATCH, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend section 119 of title 17, United States Code, to 

extend satellite home viewer provisions. 

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 Home Viewer 

5 Extension Act of 2004’’. 
2 

•S 2013 RS 

1 SEC. 2. EXTENSION. 

2 (a) IN GENERAL.—Section 119 of title 17, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(f) This section shall cease to be effective after De6 cember 31, 2009.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 Section 4 of the Satellite Home Viewer Act of 1994 (17 

9 U.S.C. 119 note) is amended by striking subsection (a). 

10 SECTION 1. SHORT TITLE. 

11 This Act may be cited as the ‘‘Satellite Home Viewer 

12 Extension Act of 2004’’. 

13 SEC. 2. EXTENSION OF AUTHORITY. 

14 (a) IN GENERAL.—Section 4(a) of the Satellite Home 

15 Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103– 

16 369; 108 Stat. 3481) is amended by striking ‘‘December 31, 

17 2004’’ and inserting ‘‘December 31, 2009’’. 

18 (b) EXTENSION FOR CERTAIN SUBSCRIBERS.—Section 

19 119(e) of title 17, United States Code, is amended by strik20 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

21 2009’’. 

22 SEC. 3. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY 

23 VIEWED AND OTHER SIGNALS; TECHNICAL 

24 AMENDMENTS. 

25 Section 119(a) of title 17, United States Code, is 

26 amended— 
3 

•S 2013 RS 

1 (1) in paragraph (1)— 

2 (A) in the paragraph heading, by striking 

3 ‘‘AND PBS SATELLITE FEED’’; 

4 (B) in the first sentence, by striking ‘‘(3), 

5 (4), and (6)’’ and inserting ‘‘(5), (6), and (8)’’; 

6 (C) in the first sentence, by striking ‘‘or by 

7 the Public Broadcasting Service satellite feed’’; 

8 and 

9 (D) by striking the second sentence; 

10 (2) in paragraph (2)— 

11 (A) in subparagraph (A), by striking ‘‘(3), 

12 (4), (5), and (6)’’ and inserting ‘‘(5), (6), (7), 

13 and (8)’’; 

14 (B) by amending subparagraph (C) to read 

15 as follows: 

16 ‘‘(C) SUBMISSION OF SUBSCRIBER LISTS TO

17 NETWORKS.— 

18 ‘‘(i) INITIAL LISTS.—A satellite carrier 

19 that makes secondary transmissions of a 

20 primary transmission made by a network 

21 station pursuant to subparagraph (A) shall, 

22 90 days after commencing such secondary 

23 transmissions, submit to the network that 

24 owns or is affiliated with the network sta25 tion— 
4 

•S 2013 RS 

1 ‘‘(I) a list identifying (by name 

2 and street address, including county 

3 and zip code) all subscribers to which 

4 the satellite carrier makes secondary 

5 transmissions of that primary trans6 mission to subscribers in unserved 

7 households; and 

8 ‘‘(II) a separate list, aggregated 

9 by designated market area (as defined 

10 in section 122(j)) (by name and street 

11 address, including county and zip 

12 code), which shall indicate those sub13 scribers being served pursuant to sub14 section (a)(3), relating to significantly 

15 viewed stations. 

16 ‘‘(ii) MONTHLY LISTS.—After the sub17 mission of the initial lists under clause (i), 

18 on the 15th of each month, the satellite car19 rier shall submit to the network— 

20 ‘‘(I) a list identifying (by name 

21 and street address, including county 

22 and zip code) any persons who have 

23 been added or dropped as subscribers 

24 under clause (i)(I) since the last sub25 mission under clause (i); and 
5 

•S 2013 RS 

1 ‘‘(II) a separate list, aggregated 

2 by designated market area (by name 

3 and street address, including county 

4 and zip code), identifying those sub5 scribers whose service pursuant to sub6 section (a)(3), relating to significantly 

7 viewed stations, has been added or 

8 dropped. 

9 ‘‘(iii) USE OF SUBSCRIBER INFORMA10 TION.—Subscriber information submitted by 

11 a satellite carrier under this subparagraph 

12 may be used only for purposes of moni13 toring compliance by the satellite carrier 

14 with this subsection. 

15 ‘‘(iv) APPLICABILITY.—The submission 

16 requirements of this subparagraph shall 

17 apply to a satellite carrier only if the net18 work to whom the submissions are to be 

19 made places on file with the Register of 

20 Copyrights a document identifying the 

21 name and address of the person to whom 

22 such submissions are to be made. The Reg23 ister shall maintain for public inspection a 

24 file of all such documents.’’; and 

25 (C) by adding at the end the following: 
6 

•S 2013 RS 

1 ‘‘(D) ADJACENT MARKET EXCEPTIONS.— 

2 ‘‘(i) STATES WITH SINGLE COMMER3 CIAL FULL-POWER NETWORK STATION.—In 

4 a State in which there is licensed by the 

5 Federal Communications Commission a 

6 single full-power station that was a network 

7 station on January 1, 1995, the statutory 

8 license provided for in subparagraph (A) 

9 shall apply to the secondary transmission 

10 by a satellite carrier of the signal of that 

11 station to any subscriber in a community 

12 that is located within that State and that is 

13 not within the first 50 major television 

14 markets as listed in the regulations of the 

15 Commission as in effect on such date (sec16 tion 76.51 of title 47 of the Code of Federal 

17 Regulations). 

18 ‘‘(ii) STATES WITH ALL NETWORK STA19 TIONS AND SUPERSTATIONS IN SAME LOCAL

20 MARKET.—In a State in which all network 

21 stations and superstations licensed by the 

22 Federal Communications Commission with23 in that State as of January 1, 1995, are as24 signed to the same local market and that 

25 local market does not encompass all counties 
7 

•S 2013 RS 

1 of that State, the statutory license provided 

2 under subparagraph (A) shall apply to the 

3 secondary transmission by a satellite car4 rier of the signals of such station to all sub5 scribers in the State who reside in a local 

6 market that is within the first 50 major tel7 evision markets as listed in the regulations 

8 of the Commission as in effect on such date 

9 (section 76.51 of title 47 of the Code of Fed10 eral Regulations).’’; 

11 (3) by striking paragraph (8); 

12 (4) by redesignating paragraphs (9) through (12) 

13 as paragraphs (10) through (13), respectively; 

14 (5) by redesignating paragraphs (3) through (7) 

15 as paragraphs (5) through (9), respectively; 

16 (6) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFI19 CANTLY VIEWED SIGNALS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding the 

21 provisions of paragraph (2)(B), and subject to 

22 subparagraph (B) of this paragraph, the statu23 tory license provided for in paragraphs (1) and 

24 (2) shall apply to the secondary transmission of 

25 the signal of a network station or a superstation 
8 

•S 2013 RS 

1 to a subscriber who resides outside the local mar2 ket of the station (as defined in section 122(j)) 

3 but within a community in which the signal of 

4 that station is determined to be significantly 

5 viewed in accordance with the provisions of sec6 tion 76.54 of title 47 of the Code of Federal Reg7 ulations, as in effect on the date of enactment of 

8 the Satellite Home Viewer Extension Act of 

9 2004. 

10 ‘‘(B) LIMITATION.—Subparagraph (A) shall 

11 apply only to secondary transmissions of net12 work stations and superstations to subscribers 

13 who receive secondary transmissions from a sat14 ellite carrier pursuant to the statutory license 

15 under section 122.’’; and 

16 (7) in paragraph (2)(B)(i), by adding at the end 

17 the following: ‘‘The limitation in this clause shall not 

18 apply to secondary transmissions under paragraph 

19 (3).’’. 

20 SEC. 4. STATUTORY LICENSE FOR SATELLITE CARRIERS 

21 OUTSIDE LOCAL MARKETS. 

22 Section 119 of title 17, United States Code, is amended 

23 as follows: 
9 

•S 2013 RS 

1 (1) Subsection (a) is amended by inserting after 

2 paragraph (3), as added by section 3 of this Act, the 

3 following: 

4 ‘‘(4) STATUTORY LICENSE WHERE RETRANS5 MISSIONS INTO LOCAL MARKET AVAILABLE.— 

6 ‘‘(A) IN GENERAL.—In the case of a sub7 scriber of a satellite carrier who is eligible to re8 ceive the signal of a network station under the 

9 statutory license under paragraph (2), or solely 

10 by reason of subsection (e) (in this subparagraph 

11 both such signals shall be referred to as a ‘dis12 tant signal’), the following shall apply: 

13 ‘‘(i) In a case in which the signal of a 

14 local network station affiliated with the 

15 same television network pursuant to the 

16 statutory license under section 122 is made 

17 available by that satellite carrier to the sub18 scriber on January 1, 2005, the statutory 

19 license under paragraph (2) shall apply 

20 only to secondary transmissions by that sat21 ellite carrier of the distant signal of a net22 work station affiliated with the same net23 work to that subscriber— 

24 ‘‘(I)(aa) if, on January 1, 2005, 

25 the subscriber is receiving such distant 
10 

•S 2013 RS 

1 signal and is also receiving such local 

2 signal; and 

3 ‘‘(bb) the satellite carrier of the 

4 subscriber submits to that television 

5 network a list, aggregated by des6 ignated market area (as defined in sec7 tion 122(j)(2)(C)), that identifies that 

8 subscriber by name and address (street 

9 or RFD number, city, State, and zip 

10 code) and specifies the distant signals 

11 received by the subscriber not later 

12 than— 

13 ‘‘(AA) 60 days after the date 

14 of enactment of the Satellite Home 

15 Viewer Extension Act of 2004; or 

16 ‘‘(BB) March 1, 2005; or 

17 ‘‘(II)(aa) if, on January 1, 2005, 

18 the subscriber is receiving such distant 

19 signal and is not receiving such local 

20 signal; but 

21 ‘‘(bb) only until such time as the 

22 subscriber elects to receive such local 

23 signal. 

24 ‘‘(ii) In a case in which the signal of 

25 a local network station affiliated with the 
11 

•S 2013 RS 

1 same television network pursuant to the 

2 statutory license under section 122 is not 

3 made available by that satellite carrier to a 

4 subscriber on January 1, 2005, the statu5 tory license under paragraph (2) shall 

6 apply only to secondary transmissions by 

7 that satellite carrier of the distant signal of 

8 a network station affiliated with the same 

9 network to any person— 

10 ‘‘(I) who is subscriber of that sat11 ellite carrier on January 1, 2005; or 

12 ‘‘(II) who becomes a subscriber of 

13 that satellite carrier after such date but 

14 before the local signal is available, 

15 but only until such time as the subscriber 

16 elects to receive the local signal from that 

17 satellite carrier. 

18 ‘‘(B) FUTURE APPLICABILITY.—The statu19 tory license under paragraph (2) shall not apply 

20 to secondary transmissions by a satellite carrier 

21 of a primary transmission of a network station 

22 to a subscriber in a location to which the signal 

23 of a local network station affiliated with the 

24 same television network was made available by 

25 that satellite carrier, before that person seeks to 
12 

•S 2013 RS 

1 subscribe to a distant network station, pursuant 

2 to the statutory license under section 122. 

3 ‘‘(C) OTHER PROVISIONS NOT AFFECTED.— 

4 This paragraph shall not affect the applicability 

5 of the statutory license to secondary trans6 missions under paragraph (3) or to unserved 

7 households included under subsection (a)(12). 

8 ‘‘(D) SIGNALS MADE AVAILABLE.—For pur9 poses of this paragraph, a local signal shall be 

10 considered to be made available to a subscriber 

11 if the satellite carrier in question offers that local 

12 signal to any subscriber within the same zip 

13 code.’’. 

14 (2) Subsection (b)(1) is amended by striking sub15 paragraph (B) and inserting the following: 

16 ‘‘(B) a royalty fee for that 6-month period, 

17 computed by multiplying the total number of 

18 subscribers receiving each secondary trans19 mission of each superstation or network station 

20 during each calendar month by the appropriate 

21 rate in effect under this section.’’. 

22 (3) Subsection (b)(1) is further amended by add23 ing at the end the following flush sentence: 

24 ‘‘Notwithstanding the provisions of subparagraph (B), 

25 a satellite carrier whose secondary transmissions are 
13 

•S 2013 RS 

1 subject to statutory licensing under paragraph (1) or 

2 (2) of subsection (a) shall have no royalty obligation 

3 for secondary transmissions to a subscriber who re4 sides outside the local market of the station (as de5 fined in section 122(j)(2)) but within a community in 

6 which the signal of that station is determined to be 

7 significantly viewed in accordance with the provisions 

8 of section 76.54 of title 47 of the Code of Federal Regu9 lations, as in effect on the date of enactment of the 

10 Satellite Home Viewer Extension Act of 2004.’’. 

11 (4) Subsection (c) is amended— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) APPLICABILITY AND DETERMINATION OF

15 ROYALTY FEES.—The appropriate rate for purposes of 

16 determining the royalty fee under subsection (b)(1)(B) 

17 shall be the appropriate rate set forth in part 258 of 

18 title 37, Code of Federal Regulations, as in effect on 

19 the date of the enactment of the Satellite Home View20 er Extension Act of 2004, until such rate expires on 

21 May 31, 2005. Beginning on June 1, 2005, the roy22 alty fee under subsection (b)(1)(B) shall be such rate 

23 as modified under this subsection.’’; 

24 (B) by striking paragraph (2); 

25 (C) in paragraph (3)— 
14 

•S 2013 RS 

1 (i) by redesignating that paragraph as 

2 paragraph (2); 

3 (ii) in subparagraph (A)— 

4 (I) by striking ‘‘January 1, 

5 1997,’’ and inserting ‘‘June 1, 2005,’’; 

6 (II) by striking ‘‘who are not par7 ties to a voluntary agreement filed 

8 with the Copyright Office in accord9 ance with paragraph (2) and inserting 

10 ‘‘who are not parties to a voluntary 

11 agreement filed with the Copyright Of12 fice by January 1, 2005’’; and 

13 (III) by striking ‘‘Such arbitra14 tion proceeding shall be conducted 

15 under chapter 8.’’; 

16 (iii) in subparagraph (C), by striking 

17 ‘‘as provided’’ and all that follows through 

18 ‘‘later’’ and inserting ‘‘as provided under 

19 section 802(g), or on June 1, 2005’’; and 

20 (iv) by striking subparagraph (D); and 

21 (D) by striking paragraphs (4) and (5) and 

22 inserting the following: 

23 ‘‘(3) COST OF LIVING ADJUSTMENT.—The royalty 

24 rates set forth in subsection (b)(1)(B), as adjusted 

25 under paragraph (2) of this subsection, shall be ad-
15 

•S 2013 RS 

1 justed by the Librarian of Congress on January 1, 

2 2006, and on January 1 of each year thereafter, to 

3 reflect any changes occurring during the preceding 12 

4 months in the cost of living as determined by the most 

5 recent Consumer Price Index so published. 

6 ‘‘(4) REDUCTIONS.—The rate of the royalty fee 

7 determined under paragraph (2)— 

8 ‘‘(A) for superstations shall be reduced by 

9 30 percent; and 

10 ‘‘(B) for network stations shall be reduced 

11 by 45 percent.’’. 

12 (5) Subsection (d) is amended— 

13 (A) by amending paragraph (9) to read as 

14 follows: 

15 ‘‘(9) SUPERSTATION.—The term ‘superstation’ 

16 means a television broadcast station, other than a 

17 network station, licensed by the Federal Communica18 tions Commission that is secondarily transmitted by 

19 a satellite carrier.’’; 

20 (B) in paragraph (10)(D), by striking 

21 ‘‘(a)(11)’’ and inserting ‘‘(a)(12)’’; and 

22 (C) by striking paragraph (12). 
16 

•S 2013 RS 

1 SEC. 5. LOW POWER TELEVISION STATIONS. 

2 (a) IN GENERAL.—Section 119(a) of title 17, United 

3 States Code (as amended by sections 3 and 4 of this Act), 

4 is further amended by adding at the end the following: 

5 ‘‘(14) CARRIAGE OF LOW POWER TELEVISION

6 STATIONS.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding para8 graph (2)(B), and subject to subparagraphs (B) 

9 through (F) of this paragraph, the statutory li10 cense provided for in paragraphs (1) and (2) 

11 shall apply to the secondary transmission of the 

12 signal of a network station or a superstation 

13 that is licensed as a low power television station, 

14 to a subscriber who resides within the same local 

15 market. 

16 ‘‘(B) GEOGRAPHIC LIMITATION.— 

17 ‘‘(i) NETWORK STATIONS.—With re18 spect to network stations, secondary trans19 missions provided for in subparagraph (A) 

20 shall be limited to secondary transmissions 

21 to subscribers who— 

22 ‘‘(I) reside in the same local mar23 ket as the station originating the sig24 nal; and 

25 ‘‘(II) reside within 35 miles of the 

26 transmitter site of such station, except 
17 

•S 2013 RS 

1 that in the case of such a station located 

2 in a standard metropolitan statistical 

3 area which has 1 of the 50 largest popu4 lations of all standard metropolitan 

5 statistical areas (based on the 1980 de6 cennial census of population taken by 

7 the Secretary of Commerce), the number 

8 of miles shall be 20. 

9 ‘‘(ii) SUPERSTATIONS.—With respect 

10 to superstations, secondary transmissions 

11 provided for in subparagraph (A) shall be 

12 limited to secondary transmissions to sub13 scribers who reside in the same local market 

14 as the station originating the signal. 

15 ‘‘(C) NO APPLICABILITY TO REPEATERS AND

16 TRANSLATORS.—Secondary transmissions pro17 vided for in subparagraph (A) shall not apply to 

18 any low power television station that retransmits 

19 the programs and signals of another television 

20 station for more than 2 hours each day. 

21 ‘‘(D) ROYALTY FEES.—Notwithstanding 

22 subsection (b)(1)(B), a satellite carrier whose sec23 ondary transmissions of a low power television 

24 station are subject to statutory licensing under 

25 this section shall have no royalty obligation for 
18 

•S 2013 RS 

1 secondary transmissions to a subscriber who re2 sides within 35 miles of the transmitter site of 

3 such station, except that in the case of such a 

4 station located in a standard metropolitan sta5 tistical area which has 1 of the 50 largest popu6 lations of all standard metropolitan statistical 

7 areas (based on the 1980 decennial census of 

8 population taken by the Secretary of Commerce), 

9 the number of miles shall be 20. Carriage of a 

10 superstation that is a low power television sta11 tion within the station’s local market, but out12 side of the 35-mile or 20-mile radius described in 

13 the preceding sentence, shall be subject to royalty 

14 payments under section (b)(1)(B). 

15 ‘‘(E) LIMITATION TO SUBSCRIBERS TAKING

16 LOCAL-INTO-LOCAL SERVICE.—Secondary trans17 missions provided for in subparagraph (A) shall 

18 be made only to subscribers who receive sec19 ondary transmissions of signals from that sat20 ellite carrier pursuant to the statutory license 

21 under section 122 of this title. A satellite carrier 

22 may make secondary transmissions of any signal 

23 that originates as the digital signal of a low 

24 power television station only if the satellite car25 rier does so in conformity with the bandwidth 
19 

•S 2013 RS 

1 requirements equivalent to those under section 

2 340(b)(2) of the Communications Act of 1934 (47 

3 U.S.C. 340(b)(2)). 

4 ‘‘(F) OPTIONAL CARRIAGE.—No low power 

5 television station whose signals are secondarily 

6 transmitted under this paragraph shall be enti7 tled to insist on carriage under section 338(a) of 

8 the Communications Act of 1934 (47 U.S.C. 

9 338(a)), regardless of whether the satellite carrier 

10 retransmits other stations in the same local mar11 ket pursuant to section 122, nor shall any such 

12 carriage be considered in connection with section 

13 338(c) of the Communications Act of 1934 (47 

14 U.S.C. 338(c)).’’. 

15 (b) DEFINITION OF NETWORK STATION, SUPERSTA16 TION, LOCAL MARKET, AND LOW POWER (INCLUDING CLASS

17 A) STATION.—Section 119(d) of title 17, United States 

18 Code, (as amended by section 4 of this Act), is further 

19 amended— 

20 (1) in paragraph (2)(A), by striking ‘‘a tele21 vision broadcast station’’ and inserting ‘‘a television 

22 station licensed by the Federal Communications Com23 mission’’; 
20 

•S 2013 RS 

1 (2) in paragraph (9), by striking ‘‘a television 

2 broadcast station’’ and inserting ‘‘a television sta3 tion’’; and 

4 (3) by striking paragraph (11) and inserting the 

5 following: 

6 ‘‘(11) LOCAL MARKET.—The term ‘‘local market’’ 

7 has the meaning given such term under section 122(j), 

8 except that with respect to a low power television sta9 tion, the term ‘‘local market’’ means the designated 

10 market area in which the station is located. 

11 ‘‘(12) LOW POWER TELEVISION STATION.—The 

12 term ‘‘low power television station means a low power 

13 television as defined under section 74.701(f) of title 47 

14 of the Code of Federal Regulations, as in effect on 

15 June 1, 2004. For purposes of this paragraph, the 

16 term ‘‘low power television station’’ includes a low 

17 power television station that has been accorded pri18 mary status as a Class A television licensee under sec19 tion 73.6001(a) of title 47 of the Code of Federal Reg20 ulations.’’. 

21 SEC. 6. STUDY. 

22 No later than June 30, 2008, the Register of Copy23 rights, in consultation and coordination with the Federal 

24 Communications Commission, shall report to the Com25 mittee on the Judiciary of the House of Representatives and 
21 

•S 2013 RS 

1 the Committee on the Judiciary of the Senate the Register’s 

2 findings and recommendations on the operation and revi3 sion of the statutory licenses under sections 111, 119, and 

4 122 of title 17, United States Code. The report should in5 clude, but not be limited to, the following: 

6 (1) A comparison of the royalties paid by licens7 ees under such sections, including historical rates of 

8 increases in these royalties, a comparison between the 

9 royalties under each such section and the prices paid 

10 in the marketplace for comparable programming. 

11 (2) An analysis of the differences in the terms 

12 and conditions of the licenses under such sections, an 

13 analysis of whether these differences are required or 

14 justified by historical, technological, or regulatory dif15 ferences that affect the satellite and cable industries, 

16 and an analysis of whether either the cable or satellite 

17 industry is placed in a competitive disadvantage due 

18 to these terms and conditions. 

19 (3) An analysis of whether the licenses under 

20 such sections are still justified by the bases upon 

21 which they were originally created. 

22 (4) An analysis and estimate, if possible, of the 

23 royalties that would be paid by each satellite carrier 

24 if they were treated as a cable system and section 111 
22 

•S 2013 RS 

1 were applied in the same manner, and to the same 

2 extent, as to a cable system. 

3 SEC. 7. EFFECT ON CERTAIN PROCEEDINGS. 

4 Nothing in this Act shall modify any remedy imposed 

5 on a party that is required by a judgment of a court in 

6 any action that was brought before May 1, 2004, against 

7 that party for a violation of section 119 of title 17, United 

8 States Code. 

Calendar No. 584 

108TH CONGRESS 

2D SESSION S. 2013 

A BILL 

Code, to extend satellite home viewer provisions. 

To amend section 119 of title 17, United States 

JUNE 17, 2004 

Reported with an amendment