II 

111TH CONGRESS 

2D SESSION S. 3333 

To extend the statutory license for secondary transmissions under title 17, 

United States Code, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2010 

Mr. LEAHY (for himself and Mr. ROCKEFELLER) introduced the following bill; 

which was read twice, considered, read the third time, and passed 

A BILL 

To extend the statutory license for secondary transmissions 

under title 17, United States Code, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Satellite Television Extension and Localism Act of 

6 2010’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—STATUTORY LICENSES 

Sec. 101. Reference. 


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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 issuing qualified carrier certification. 

Sec. 207. Nondiscrimination in carriage of high definition digital signals of 

noncommercial educational television stations. 

Sec. 208. Savings clause regarding definitions. 

Sec. 209. State public affairs broadcasts. 

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. 

1 TITLE I—STATUTORY LICENSES 

2 SEC. 101. REFERENCE. 

3 Except as otherwise provided, whenever in this title 

4 an amendment is made to a section or other provision, 

5 the reference shall be considered to be made to such sec6 tion or provision of title 17, United States Code. 


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1 SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 

2 SATELLITE CARRIERS. 

3 (a) HEADING RENAMED.— 

4 (1) IN GENERAL.—The heading of section 119 

5 is amended by striking ‘‘superstations and net6 work stations for private home viewing’’ 

7 and inserting ‘‘distant television program8 ming by satellite’’. 

9 (2) TABLE OF CONTENTS.—The table of con10 tents for chapter 1 is amended by striking the item 

11 relating to section 119 and inserting the following: 

‘‘119. Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite.’’. 

12 (b) UNSERVED HOUSEHOLD DEFINED.— 

13 (1) IN GENERAL.—Section 119(d)(10) is 

14 amended— 

15 (A) by striking subparagraph (A) and in16 serting the following: 

17 ‘‘(A) cannot receive, through the use of an 

18 antenna, an over-the-air signal containing the 

19 primary stream, or, on or after the qualifying 

20 date, the multicast stream, originating in that 

21 household’s local market and affiliated with 

22 that network of— 

23 ‘‘(i) if the signal originates as an ana24 log signal, Grade B intensity as defined by 


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1 the Federal Communications Commission 

2 in section 73.683(a) of title 47, Code of 

3 Federal Regulations, as in effect on Janu4 ary 1, 1999; or 

5 ‘‘(ii) if the signal originates as a dig6 ital signal, intensity defined in the values 

7 for the digital television noise-limited serv8 ice contour, as defined in regulations 

9 issued by the Federal Communications 

10 Commission (section 73.622(e) of title 47, 

11 Code of Federal Regulations), as such reg12 ulations may be amended from time to 

13 time;’’; 

14 (B) in subparagraph (B)— 

15 (i) by striking ‘‘subsection (a)(14)’’ 

16 and inserting ‘‘subsection (a)(13),’’; and 

17 (ii) by striking ‘‘Satellite Home View18 er Extension and Reauthorization Act of 

19 2004’’ and inserting ‘‘Satellite Television 

20 Extension and Localism Act of 2010’’; and 

21 (C) in subparagraph (D), by striking 

22 ‘‘(a)(12)’’ and inserting ‘‘(a)(11)’’. 

23 (2) QUALIFYING DATE DEFINED.—Section 

24 119(d) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(14) QUALIFYING DATE.—The term ‘quali2 fying date’, for purposes of paragraph (10)(A), 

3 means— 

4 ‘‘(A) October 1, 2010, for multicast 

5 streams that exist on March 31, 2010; and 

6 ‘‘(B) January 1, 2011, for all other 

7 multicast streams.’’. 

8 (c) FILING FEE.—Section 119(b)(1) is amended— 

9 (1) in subparagraph (A), by striking ‘‘and’’ 

10 after the semicolon at the end; 

11 (2) in subparagraph (B), by striking the period 

12 and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(C) a filing fee, as determined by the 

15 Register of Copyrights pursuant to section 

16 708(a).’’. 

17 (d) DEPOSIT OF STATEMENTS AND FEES; 

18 VERIFICATION PROCEDURES.—Section 119(b) is amend19 ed— 

20 (1) by amending the subsection heading to read 

21 as follows: ‘‘(b) DEPOSIT OF STATEMENTS AND

22 FEES; VERIFICATION PROCEDURES.—’’; 

23 (2) in paragraph (1), by striking subparagraph 

24 (B) and inserting the following: 


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1 ‘‘(B) a royalty fee payable to copyright 

2 owners pursuant to paragraph (4) for that 6- 

3 month period, computed by multiplying the 

4 total number of subscribers receiving each sec5 ondary transmission of a primary stream or 

6 multicast stream of each non-network station or 

7 network station during each calendar year 

8 month by the appropriate rate in effect under 

9 this subsection; and’’; 

10 (3) by redesignating paragraphs (2), (3), and 

11 (4) as paragraphs (3), (4), and (5), respectively; 

12 (4) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE

15 PAYMENTS.—The Register of Copyrights shall issue 

16 regulations to permit interested parties to verify and 

17 audit the statements of account and royalty fees 

18 submitted by satellite carriers under this sub19 section.’’; 

20 (5) in paragraph (3), as redesignated, in the 

21 first sentence— 

22 (A) by inserting ‘‘(including the filing fee 

23 specified in paragraph (1)(C))’’ after ‘‘shall re24 ceive all fees’’; and 


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1 (B) by striking ‘‘paragraph (4)’’ and in2 serting ‘‘paragraph (5)’’; 

3 (6) in paragraph (4), as redesignated— 

4 (A) by striking ‘‘paragraph (2)’’ and in5 serting ‘‘paragraph (3)’’; and 

6 (B) by striking ‘‘paragraph (4)’’ each place 

7 it appears and inserting ‘‘paragraph (5)’’; and 

8 (7) in paragraph (5), as redesignated, by strik9 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 

10 (e) ADJUSTMENT OF ROYALTY FEES.—Section 

11 119(c) is amended as follows: 

12 (1) Paragraph (1) is amended— 

13 (A) in the heading for such paragraph, by 

14 striking ‘‘ANALOG’’; 

15 (B) in subparagraph (A)— 

16 (i) by striking ‘‘primary analog trans17 missions’’ and inserting ‘‘primary trans18 missions’’; and 

19 (ii) by striking ‘‘July 1, 2004’’ and in20 serting ‘‘July 1, 2009’’; 

21 (C) in subparagraph (B)— 

22 (i) by striking ‘‘January 2, 2005, the 

23 Librarian of Congress’’ and inserting 

24 ‘‘June 1, 2010, the Copyright Royalty 

25 Judges’’; and 


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1 (ii) by striking ‘‘primary analog trans2 mission’’ and inserting ‘‘primary trans3 missions’’; 

4 (D) in subparagraph (C), by striking ‘‘Li5 brarian of Congress’’ and inserting ‘‘Copyright 

6 Royalty Judges’’; 

7 (E) in subparagraph (D)— 

8 (i) in clause (i)— 

9 (I) by striking ‘‘(i) Voluntary 

10 agreements’’ and inserting the fol11 lowing: 

12 ‘‘(i) VOLUNTARY AGREEMENTS; FIL13 ING.—Voluntary agreements’’; and 

14 (II) by striking ‘‘that a parties’’ 

15 and inserting ‘‘that are parties’’; and 

16 (ii) in clause (ii)— 

17 (I) by striking ‘‘(ii)(I) Within’’ 

18 and inserting the following: 

19 ‘‘(ii) PROCEDURE FOR ADOPTION OF

20 FEES.— 

21 ‘‘(I) PUBLICATION OF NOTICE.— 

22 Within’’; 

23 (II) in subclause (I), by striking 

24 ‘‘an arbitration proceeding pursuant 

25 to subparagraph (E)’’ and inserting 


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1 ‘‘a proceeding under subparagraph 

2 (F)’’; 

3 (III) in subclause (II), by strik4 ing ‘‘(II) Upon receiving a request 

5 under subclause (I), the Librarian of 

6 Congress’’ and inserting the following: 

7 ‘‘(II) PUBLIC NOTICE OF

8 FEES.—Upon receiving a request 

9 under subclause (I), the Copyright 

10 Royalty Judges’’; and 

11 (IV) in subclause (III)— 

12 (aa) by striking ‘‘(III) The 

13 Librarian’’ and inserting the fol14 lowing: 

15 ‘‘(III) ADOPTION OF FEES.—The 

16 Copyright Royalty Judges’’; 

17 (bb) by striking ‘‘an arbitra18 tion proceeding’’ and inserting 

19 ‘‘the proceeding under subpara20 graph (F)’’; and 

21 (cc) by striking ‘‘the arbitra22 tion proceeding’’ and inserting 

23 ‘‘that proceeding’’; 

24 (F) in subparagraph (E)— 


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1 (i) by striking ‘‘Copyright Office’’ and 

2 inserting ‘‘Copyright Royalty Judges’’; and 

3 (ii) by striking ‘‘May 31, 2010’’ and 

4 inserting ‘‘December 31, 2014’’; and 

5 (G) in subparagraph (F)— 

6 (i) in the heading, by striking ‘‘COM7 PULSORY ARBITRATION’’ and inserting 

8 ‘‘COPYRIGHT ROYALTY JUDGES PRO9 CEEDING’’; 

10 (ii) in clause (i)— 

11 (I) in the heading, by striking 

12 ‘‘PROCEEDINGS’’ and inserting ‘‘THE

13 PROCEEDING’’; 

14 (II) in the matter preceding sub15 clause (I)— 

16 (aa) by striking ‘‘May 1, 

17 2005, the Librarian of Congress’’ 

18 and inserting ‘‘September 1, 

19 2010, the Copyright Royalty 

20 Judges’’; 

21 (bb) by striking ‘‘arbitration 

22 proceedings’’ and inserting ‘‘a 

23 proceeding’’; 


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1 (cc) by striking ‘‘fee to be 

2 paid’’ and inserting ‘‘fees to be 

3 paid’’; 

4 (dd) by striking ‘‘primary 

5 analog transmission’’ and insert6 ing ‘‘the primary transmissions’’; 

7 and 

8 (ee) by striking ‘‘distribu9 tors’’ and inserting ‘‘distribu10 tors—’’; 

11 (III) in subclause (II)— 

12 (aa) by striking ‘‘Librarian 

13 of Congress’’ and inserting 

14 ‘‘Copyright Royalty Judges’’; and 

15 (bb) by striking ‘‘arbitra16 tion’’; and 

17 (IV) by amending the last sen18 tence to read as follows: ‘‘Such pro19 ceeding shall be conducted under 

20 chapter 8.’’; 

21 (iii) in clause (ii), by amending the 

22 matter preceding subclause (I) to read as 

23 follows: 

24 ‘‘(ii) ESTABLISHMENT OF ROYALTY

25 FEES.—In determining royalty fees under 


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1 this subparagraph, the Copyright Royalty 

2 Judges shall establish fees for the sec3 ondary transmissions of the primary trans4 missions of network stations and non-net5 work stations that most clearly represent 

6 the fair market value of secondary trans7 missions, except that the Copyright Roy8 alty Judges shall adjust royalty fees to ac9 count for the obligations of the parties 

10 under any applicable voluntary agreement 

11 filed with the Copyright Royalty Judges in 

12 accordance with subparagraph (D). In de13 termining the fair market value, the 

14 Judges shall base their decision on eco15 nomic, competitive, and programming in16 formation presented by the parties, includ17 ing—’’; 

18 (iv) by amending clause (iii) to read 

19 as follows: 

20 ‘‘(iii) EFFECTIVE DATE FOR DECISION

21 OF COPYRIGHT ROYALTY JUDGES.—The 

22 obligation to pay the royalty fees estab23 lished under a determination that is made 

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1 ceeding under this paragraph shall be ef2 fective as of January 1, 2010.’’; and 

3 (v) in clause (iv)— 

4 (I) in the heading, by striking 

5 ‘‘FEE’’ and inserting ‘‘FEES’’; and 

6 (II) by striking ‘‘fee referred to 

7 in (iii)’’ and inserting ‘‘fees referred 

8 to in clause (iii)’’. 

9 (2) Paragraph (2) is amended to read as fol10 lows: 

11 ‘‘(2) ANNUAL ROYALTY FEE ADJUSTMENT.— 

12 Effective January 1 of each year, the royalty fee 

13 payable under subsection (b)(1)(B) for the sec14 ondary transmission of the primary transmissions of 

15 network stations and non-network stations shall be 

16 adjusted by the Copyright Royalty Judges to reflect 

17 any changes occurring in the cost of living as deter18 mined by the most recent Consumer Price Index (for 

19 all consumers and for all items) published by the 

20 Secretary of Labor before December 1 of the pre21 ceding year. Notification of the adjusted fees shall 

22 be published in the Federal Register at least 25 days 

23 before January 1.’’. 

24 (f) DEFINITIONS.— 


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1 (1) SUBSCRIBER.—Section 119(d)(8) is amend2 ed to read as follows: 

3 ‘‘(8) SUBSCRIBER; SUBSCRIBE.— 

4 ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ 

5 means a person or entity that receives a sec6 ondary transmission service from a satellite car7 rier and pays a fee for the service, directly or 

8 indirectly, to the satellite carrier or to a dis9 tributor. 

10 ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ 

11 means to elect to become a subscriber.’’. 

12 (2) LOCAL MARKET.—Section 119(d)(11) is 

13 amended to read as follows: 

14 ‘‘(11) LOCAL MARKET.—The term ‘local mar15 ket’ has the meaning given such term under section 

16 122(j).’’. 

17 (3) LOW POWER TELEVISION STATION.—Sec18 tion 119(d) is amended by striking paragraph (12) 

19 and redesignating paragraphs (13) and (14) as 

20 paragraphs (12) and (13), respectively. 

21 (4) MULTICAST STREAM.—Section 119(d), as 

22 amended by paragraph (3), is further amended by 

23 adding at the end the following new paragraph: 

24 ‘‘(14) MULTICAST STREAM.—The term 

25 ‘multicast stream’ means a digital stream containing 


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1 programming and program-related material affili2 ated with a television network, other than the pri3 mary stream.’’. 

4 (5) PRIMARY STREAM.—Section 119(d), as 

5 amended by paragraph (4), is further amended by 

6 adding at the end the following new paragraph: 

7 ‘‘(15) PRIMARY STREAM.—The term ‘primary 

8 stream’ means— 

9 ‘‘(A) the single digital stream of program10 ming as to which a television broadcast station 

11 has the right to mandatory carriage with a sat12 ellite carrier under the rules of the Federal 

13 Communications Commission in effect on July 

14 1, 2009; or 

15 ‘‘(B) if there is no stream described in 

16 subparagraph (A), then either— 

17 ‘‘(i) the single digital stream of pro18 gramming associated with the network last 

19 transmitted by the station as an analog 

20 signal; or 

21 ‘‘(ii) if there is no stream described in 

22 clause (i), then the single digital stream of 

23 programming affiliated with the network 

24 that, as of July 1, 2009, had been offered 


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1 by the television broadcast station for the 

2 longest period of time.’’. 

3 (6) CLERICAL AMENDMENT.—Section 119(d) is 

4 amended in paragraphs (1), (2), and (5) by striking 

5 ‘‘which’’ each place it appears and inserting ‘‘that’’. 

6 (g) SUPERSTATION REDESIGNATED AS NON-NET7 WORK STATION.—Section 119 is amended— 

8 (1) by striking ‘‘superstation’’ each place it ap9 pears in a heading and each place it appears in text 

10 and inserting ‘‘non-network station’’; and 

11 (2) by striking ‘‘superstations’’ each place it ap12 pears in a heading and each place it appears in text 

13 and inserting ‘‘non-network stations’’. 

14 (h) REMOVAL OF CERTAIN PROVISIONS.— 

15 (1) REMOVAL OF PROVISIONS.—Section 119(a) 

16 is amended— 

17 (A) in paragraph (2), by striking subpara18 graph (C) and redesignating subparagraph (D) 

19 as subparagraph (C); 

20 (B) by striking paragraph (3) and redesig21 nating paragraphs (4) through (14) as para22 graphs (3) through (13), respectively; and 

23 (C) by striking paragraph (15) and redes24 ignating paragraph (16) as paragraph (14). 


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1 (2) CONFORMING AMENDMENTS.—Section 119 

2 is amended— 

3 (A) in subsection (a)— 

4 (i) in paragraph (1), by striking ‘‘(5), 

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

6 (7)’’; 

7 (ii) in paragraph (2)— 

8 (I) in subparagraph (A), by strik9 ing ‘‘subparagraphs (B) and (C) of 

10 this paragraph and paragraphs (5), 

11 (6), (7), and (8)’’ and inserting ‘‘sub12 paragraph (B) of this paragraph and 

13 paragraphs (4), (5), (6), and (7)’’; 

14 (II) in subparagraph (B)(i), by 

15 striking the second sentence; and 

16 (III) in subparagraph (C) (as re17 designated), by striking clauses (i) 

18 and (ii) and inserting the following: 

19 ‘‘(i) INITIAL LISTS.—A satellite car20 rier that makes secondary transmissions of 

21 a primary transmission made by a network 

22 station pursuant to subparagraph (A) 

23 shall, not later than 90 days after com24 mencing such secondary transmissions, 

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1 filiated with the network station a list 

2 identifying (by name and address, includ3 ing street or rural route number, city, 

4 State, and 9-digit zip code) all subscribers 

5 to which the satellite carrier makes sec6 ondary transmissions of that primary 

7 transmission to subscribers in unserved 

8 households. 

9 ‘‘(ii) MONTHLY LISTS.—After the sub10 mission of the initial lists under clause (i), 

11 the satellite carrier shall, not later than 

12 the 15th of each month, submit to the net13 work a list, aggregated by designated mar14 ket area, identifying (by name and ad15 dress, including street or rural route num16 ber, city, State, and 9-digit zip code) any 

17 persons who have been added or dropped 

18 as subscribers under clause (i) since the 

19 last submission under this subparagraph.’’; 

20 and 

21 (iii) in subparagraph (E) of para22 graph (3) (as redesignated)— 

23 (I) by striking ‘‘under paragraph 

24 (3) or’’; and 


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1 (II) by striking ‘‘paragraph (12)’’ 

2 and inserting ‘‘paragraph (11)’’; and 

3 (B) in subsection (b)(1), by striking the 

4 final sentence. 

5 (i) MODIFICATIONS TO PROVISIONS FOR SECONDARY

6 TRANSMISSIONS BY SATELLITE CARRIERS.— 

7 (1) PREDICTIVE MODEL.—Section 

8 119(a)(2)(B)(ii) is amended by adding at the end 

9 the following: 

10 ‘‘(III) ACCURATE PREDICTIVE

11 MODEL WITH RESPECT TO DIGITAL

12 SIGNALS.—Notwithstanding subclause 

13 (I), in determining presumptively 

14 whether a person resides in an 

15 unserved household under subsection 

16 (d)(10)(A) with respect to digital sig17 nals, a court shall rely on a predictive 

18 model set forth by the Federal Com19 munications Commission pursuant to 

20 a rulemaking as provided in section 

21 339(c)(3) of the Communications Act 

22 of 1934 (47 U.S.C. 339(c)(3)), as 

23 that model may be amended by the 

24 Commission over time under such sec25 tion to increase the accuracy of that 


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1 model. Until such time as the Com2 mission sets forth such model, a court 

3 shall rely on the predictive model as 

4 recommended by the Commission with 

5 respect to digital signals in its Report 

6 to Congress in ET Docket No. 05– 

7 182, FCC 05–199 (released December 

8 9, 2005).’’. 

9 (2) MODIFICATIONS TO STATUTORY LICENSE

10 WHERE RETRANSMISSIONS INTO LOCAL MARKET

11 AVAILABLE.—Section 119(a)(3) (as redesignated) is 

12 amended— 

13 (A) by striking ‘‘analog’’ each place it ap14 pears in a heading and text; 

15 (B) by striking subparagraphs (B), (C), 

16 and (D), and inserting the following: 

17 ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS

18 AS OF DATE OF ENACTMENT OF 2010 ACT.—In 

19 the case of a subscriber of a satellite carrier 

20 who, on the day before the date of the enact21 ment of the Satellite Television Extension and 

22 Localism Act of 2010, was lawfully receiving 

23 the secondary transmission of the primary 

24 transmission of a network station under the 

25 statutory license under paragraph (2) (in this 


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1 subparagraph referred to as the ‘distant sig2 nal’), other than subscribers to whom subpara3 graph (A) applies, the statutory license under 

4 paragraph (2) shall apply to secondary trans5 missions by that satellite carrier to that sub6 scriber of the distant signal of a station affili7 ated with the same television network, and the 

8 subscriber’s household shall continue to be con9 sidered to be an unserved household with re10 spect to such network, until such time as the 

11 subscriber elects to terminate such secondary 

12 transmissions, whether or not the subscriber 

13 elects to subscribe to receive the secondary 

14 transmission of the primary transmission of a 

15 local network station affiliated with the same 

16 network pursuant to the statutory license under 

17 section 122. 

18 ‘‘(C) FUTURE APPLICABILITY.— 

19 ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE

20 AT TIME OF SUBSCRIPTION.—The statu21 tory license under paragraph (2) shall not 

22 apply to the secondary transmission by a 

23 satellite carrier of the primary trans24 mission of a network station to a person 

25 who is not a subscriber lawfully receiving 


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1 such secondary transmission as of the date 

2 of the enactment of the Satellite Television 

3 Extension and Localism Act of 2010 and, 

4 at the time such person seeks to subscribe 

5 to receive such secondary transmission, re6 sides in a local market where the satellite 

7 carrier makes available to that person the 

8 secondary transmission of the primary 

9 transmission of a local network station af10 filiated with the same network pursuant to 

11 the statutory license under section 122. 

12 ‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE

13 AFTER SUBSCRIPTION.—In the case of a 

14 subscriber who lawfully subscribes to and 

15 receives the secondary transmission by a 

16 satellite carrier of the primary trans17 mission of a network station under the 

18 statutory license under paragraph (2) (in 

19 this clause referred to as the ‘distant sig20 nal’) on or after the date of the enactment 

21 of the Satellite Television Extension and 

22 Localism Act of 2010, the statutory license 

23 under paragraph (2) shall apply to sec24 ondary transmissions by that satellite car25 rier to that subscriber of the distant signal 


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1 of a station affiliated with the same tele2 vision network, and the subscriber’s house3 hold shall continue to be considered to be 

4 an unserved household with respect to such 

5 network, until such time as the subscriber 

6 elects to terminate such secondary trans7 missions, but only if such subscriber sub8 scribes to the secondary transmission of 

9 the primary transmission of a local net10 work station affiliated with the same net11 work within 60 days after the satellite car12 rier makes available to the subscriber such 

13 secondary transmission of the primary 

14 transmission of such local network sta15 tion.’’; 

16 (C) by redesignating subparagraphs (E), 

17 (F), and (G) as subparagraphs (D), (E), and 

18 (F), respectively; 

19 (D) in subparagraph (E) (as redesignated), 

20 by striking ‘‘(C) or (D)’’ and inserting ‘‘(B) or 

21 (C)’’; and 

22 (E) in subparagraph (F) (as redesignated), 

23 by inserting ‘‘9-digit’’ before ‘‘zip code’’. 


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1 (3) STATUTORY DAMAGES FOR TERRITORIAL

2 RESTRICTIONS.—Section 119(a)(6) (as redesignated) 

3 is amended— 

4 (A) in subparagraph (A)(ii), by striking 

5 ‘‘$5’’ and inserting ‘‘$250’’; 

6 (B) in subparagraph (B)— 

7 (i) in clause (i), by striking 

8 ‘‘$250,000 for each 6-month period’’ and 

9 inserting ‘‘$2,500,000 for each 3-month 

10 period’’; and 

11 (ii) in clause (ii), by striking 

12 ‘‘$250,000’’ and inserting ‘‘$2,500,000’’; 

13 and 

14 (C) by adding at the end the following 

15 flush sentences: 

16 ‘‘The court shall direct one half of any statu17 tory damages ordered under clause (i) to be de18 posited with the Register of Copyrights for dis19 tribution to copyright owners pursuant to sub20 section (b). The Copyright Royalty Judges shall 

21 issue regulations establishing procedures for 

22 distributing such funds, on a proportional basis, 

23 to copyright owners whose works were included 

24 in the secondary transmissions that were the 

25 subject of the statutory damages.’’. 


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1 (4) TECHNICAL AMENDMENT.—Section 

2 119(a)(4) (as redesignated) is amended by striking 

3 ‘‘and 509’’. 

4 (5) CLERICAL AMENDMENT.—Section 

5 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 

6 clause’’ and inserting ‘‘In this clause,’’. 

7 (j) MORATORIUM EXTENSION.—Section 119(e) is 

8 amended by striking ‘‘May 31, 2010’’ and inserting ‘‘De9 cember 31, 2014’’. 

10 (k) CLERICAL AMENDMENTS.—Section 119 is 

11 amended— 

12 (1) by striking ‘‘of the Code of Federal Regula13 tions’’ each place it appears and inserting ‘‘, Code 

14 of Federal Regulations’’; and 

15 (2) in subsection (d)(6), by striking ‘‘or the Di16 rect’’ and inserting ‘‘, or the Direct’’. 

17 SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 

18 SATELLITE CARRIERS IN LOCAL MARKETS. 

19 (a) HEADING RENAMED.— 

20 (1) IN GENERAL.—The heading of section 122 

21 is amended by striking ‘‘by satellite carriers 

22 within local markets’’ and inserting ‘‘of local 

23 television programming by satellite’’. 


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1 (2) TABLE OF CONTENTS.—The table of con2 tents for chapter 1 is amended by striking the item 

3 relating to section 122 and inserting the following: 

‘‘122. Limitations on exclusive rights: Secondary transmissions of local television 

programming by satellite.’’. 

4 (b) STATUTORY LICENSE.—Section 122(a) is amend5 ed to read as follows: 

6 ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR7 KETS.— 

8 ‘‘(1) SECONDARY TRANSMISSIONS OF TELE9 VISION BROADCAST STATIONS WITHIN A LOCAL MAR10 KET.—A secondary transmission of a performance 

11 or display of a work embodied in a primary trans12 mission of a television broadcast station into the sta13 tion’s local market shall be subject to statutory li14 censing under this section if— 

15 ‘‘(A) the secondary transmission is made 

16 by a satellite carrier to the public; 

17 ‘‘(B) with regard to secondary trans18 missions, the satellite carrier is in compliance 

19 with the rules, regulations, or authorizations of 

20 the Federal Communications Commission gov21 erning the carriage of television broadcast sta22 tion signals; and 


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1 ‘‘(C) the satellite carrier makes a direct or 

2 indirect charge for the secondary transmission 

3 to— 

4 ‘‘(i) each subscriber receiving the sec5 ondary transmission; or 

6 ‘‘(ii) a distributor that has contracted 

7 with the satellite carrier for direct or indi8 rect delivery of the secondary transmission 

9 to the public. 

10 ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 

11 ‘‘(A) IN GENERAL.—A secondary trans12 mission of a performance or display of a work 

13 embodied in a primary transmission of a tele14 vision broadcast station to subscribers who re15 ceive secondary transmissions of primary trans16 missions under paragraph (1) shall be subject 

17 to statutory licensing under this paragraph if 

18 the secondary transmission is of the primary 

19 transmission of a network station or a non-net20 work station to a subscriber who resides outside 

21 the station’s local market but within a commu22 nity in which the signal has been determined by 

23 the Federal Communications Commission to be 

24 significantly viewed in such community, pursu25 ant to the rules, regulations, and authorizations 


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1 of the Federal Communications Commission in 

2 effect on April 15, 1976, applicable to deter3 mining with respect to a cable system whether 

4 signals are significantly viewed in a community. 

5 ‘‘(B) WAIVER.—A subscriber who is denied 

6 the secondary transmission of the primary 

7 transmission of a network station or a non-net8 work station under subparagraph (A) may re9 quest a waiver from such denial by submitting 

10 a request, through the subscriber’s satellite car11 rier, to the network station or non-network sta12 tion in the local market affiliated with the same 

13 network or non-network where the subscriber is 

14 located. The network station or non-network 

15 station shall accept or reject the subscriber’s re16 quest for a waiver within 30 days after receipt 

17 of the request. If the network station or non18 network station fails to accept or reject the sub19 scriber’s request for a waiver within that 30- 

20 day period, that network station or non-network 

21 station shall be deemed to agree to the waiver 

22 request. 

23 ‘‘(3) SECONDARY TRANSMISSION OF LOW

24 POWER PROGRAMMING.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), a secondary transmission 

3 of a performance or display of a work embodied 

4 in a primary transmission of a television broad5 cast station to subscribers who receive sec6 ondary transmissions of primary transmissions 

7 under paragraph (1) shall be subject to statu8 tory licensing under this paragraph if the sec9 ondary transmission is of the primary trans10 mission of a television broadcast station that is 

11 licensed as a low power television station, to a 

12 subscriber who resides within the same des13 ignated market area as the station that origi14 nates the transmission. 

15 ‘‘(B) NO APPLICABILITY TO REPEATERS

16 AND TRANSLATORS.—Secondary transmissions 

17 provided for in subparagraph (A) shall not 

18 apply to any low power television station that 

19 retransmits the programs and signals of an20 other television station for more than 2 hours 

21 each day. 

22 ‘‘(C) NO IMPACT ON OTHER SECONDARY

23 TRANSMISSIONS OBLIGATIONS.—A satellite car24 rier that makes secondary transmissions of a 

25 primary transmission of a low power television 


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1 station under a statutory license provided under 

2 this section is not required, by reason of such 

3 secondary transmissions, to make any other sec4 ondary transmissions. 

5 ‘‘(4) SPECIAL EXCEPTIONS.—A secondary 

6 transmission of a performance or display of a work 

7 embodied in a primary transmission of a television 

8 broadcast station to subscribers who receive sec9 ondary transmissions of primary transmissions 

10 under paragraph (1) shall, if the secondary trans11 mission is made by a satellite carrier that complies 

12 with the requirements of paragraph (1), be subject 

13 to statutory licensing under this paragraph as fol14 lows: 

15 ‘‘(A) STATES WITH SINGLE FULL-POWER

16 NETWORK STATION.—In a State in which there 

17 is licensed by the Federal Communications 

18 Commission a single full-power station that was 

19 a network station on January 1, 1995, the stat20 utory license provided for in this paragraph 

21 shall apply to the secondary transmission by a 

22 satellite carrier of the primary transmission of 

23 that station to any subscriber in a community 

24 that is located within that State and that is not 

25 within the first 50 television markets as listed 


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1 in the regulations of the Commission as in ef2 fect on such date (47 C.F.R. 76.51). 

3 ‘‘(B) STATES WITH ALL NETWORK STA4 TIONS AND NON-NETWORK STATIONS IN SAME

5 LOCAL MARKET.—In a State in which all net6 work stations and non-network stations licensed 

7 by the Federal Communications Commission 

8 within that State as of January 1, 1995, are 

9 assigned to the same local market and that 

10 local market does not encompass all counties of 

11 that State, the statutory license provided under 

12 this paragraph shall apply to the secondary 

13 transmission by a satellite carrier of the pri14 mary transmissions of such station to all sub15 scribers in the State who reside in a local mar16 ket that is within the first 50 major television 

17 markets as listed in the regulations of the Com18 mission as in effect on such date (section 76.51 

19 of title 47, Code of Federal Regulations). 

20 ‘‘(C) ADDITIONAL STATIONS.—In the case 

21 of that State in which are located 4 counties 

22 that— 

23 ‘‘(i) on January 1, 2004, were in local 

24 markets principally comprised of counties 

25 in another State, and 


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1 ‘‘(ii) had a combined total of 41,340 

2 television households, according to the U.S. 

3 Television Household Estimates by Nielsen 

4 Media Research for 2004, 

5 the statutory license provided under this para6 graph shall apply to secondary transmissions by 

7 a satellite carrier to subscribers in any such 

8 county of the primary transmissions of any net9 work station located in that State, if the sat10 ellite carrier was making such secondary trans11 missions to any subscribers in that county on 

12 January 1, 2004. 

13 ‘‘(D) CERTAIN ADDITIONAL STATIONS.—If 

14 2 adjacent counties in a single State are in a 

15 local market comprised principally of counties 

16 located in another State, the statutory license 

17 provided for in this paragraph shall apply to 

18 the secondary transmission by a satellite carrier 

19 to subscribers in those 2 counties of the pri20 mary transmissions of any network station lo21 cated in the capital of the State in which such 

22 2 counties are located, if— 

23 ‘‘(i) the 2 counties are located in a 

24 local market that is in the top 100 markets 


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1 for the year 2003 according to Nielsen 

2 Media Research; and 

3 ‘‘(ii) the total number of television 

4 households in the 2 counties combined did 

5 not exceed 10,000 for the year 2003 ac6 cording to Nielsen Media Research. 

7 ‘‘(E) NETWORKS OF NONCOMMERCIAL

8 EDUCATIONAL BROADCAST STATIONS.—In the 

9 case of a system of three or more noncommer10 cial educational broadcast stations licensed to a 

11 single State, public agency, or political, edu12 cational, or special purpose subdivision of a 

13 State, the statutory license provided for in this 

14 paragraph shall apply to the secondary trans15 mission of the primary transmission of such 

16 system to any subscriber in any county or coun17 ty equivalent within such State, if such sub18 scriber is located in a designated market area 

19 that is not otherwise eligible to receive the sec20 ondary transmission of the primary trans21 mission of a noncommercial educational broad22 cast station located within the State pursuant 

23 to paragraph (1). 

24 ‘‘(5) APPLICABILITY OF ROYALTY RATES AND

25 PROCEDURES.—The royalty rates and procedures 


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1 under section 119(b) shall apply to the secondary 

2 transmissions to which the statutory license under 

3 paragraph (4) applies.’’. 

4 (c) REPORTING REQUIREMENTS.—Section 122(b) is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘station a 

7 list’’ and all that follows through the end and insert8 ing the following: ‘‘station— 

9 ‘‘(A) a list identifying (by name in alpha10 betical order and street address, including coun11 ty and 9-digit zip code) all subscribers to which 

12 the satellite carrier makes secondary trans13 missions of that primary transmission under 

14 subsection (a); and 

15 ‘‘(B) a separate list, aggregated by des16 ignated market area (by name and address, in17 cluding street or rural route number, city, 

18 State, and 9-digit zip code), which shall indicate 

19 those subscribers being served pursuant to 

20 paragraph (2) of subsection (a).’’; and 

21 (2) in paragraph (2), by striking ‘‘network a 

22 list’’ and all that follows through the end and insert23 ing the following: ‘‘network— 

24 ‘‘(A) a list identifying (by name in alpha25 betical order and street address, including counVerDate Mar 15 2010 21:38 May 07, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.CPS S3333

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1 ty and 9-digit zip code) any subscribers who 

2 have been added or dropped as subscribers 

3 since the last submission under this subsection; 

4 and 

5 ‘‘(B) a separate list, aggregated by des6 ignated market area (by name and street ad7 dress, including street or rural route number, 

8 city, State, and 9-digit zip code), identifying 

9 those subscribers whose service pursuant to 

10 paragraph (2) of subsection (a) has been added 

11 or dropped since the last submission under this 

12 subsection.’’. 

13 (d) NO ROYALTY FEE FOR CERTAIN SECONDARY

14 TRANSMISSIONS.—Section 122(c) is amended— 

15 (1) in the heading, by inserting ‘‘FOR CERTAIN

16 SECONDARY TRANSMISSIONS’’ after ‘‘REQUIRED’’; 

17 and 

18 (2) by striking ‘‘subsection (a)’’ and inserting 

19 ‘‘paragraphs (1), (2), and (3) of subsection (a)’’. 

20 (e) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 

21 (1) MODIFICATION TO STATUTORY DAMAGES.— 

22 Section 122(f) is amended— 

23 (A) in paragraph (1)(B), by striking ‘‘$5’’ 

24 and inserting ‘‘$250’’; and 


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1 (B) in paragraph (2), by striking 

2 ‘‘$250,000’’ each place it appears and inserting 

3 ‘‘$2,500,000’’. 

4 (2) CONFORMING AMENDMENTS FOR ADDI5 TIONAL STATIONS.—Section 122 is amended— 

6 (A) in subsection (f), by striking ‘‘section 

7 119 or’’ each place it appears and inserting the 

8 following: ‘‘section 119, subject to statutory li9 censing by reason of paragraph (2)(A), (3), or 

10 (4) of subsection (a), or subject to’’; and 

11 (B) in subsection (g), by striking ‘‘section 

12 119 or’’ and inserting the following: ‘‘section 

13 119, paragraph (2)(A), (3), or (4) of subsection 

14 (a), or’’. 

15 (f) DEFINITIONS.—Section 122(j) is amended— 

16 (1) in paragraph (1), by striking ‘‘which con17 tracts’’ and inserting ‘‘that contracts’’; 

18 (2) by redesignating paragraphs (4) and (5) as 

19 paragraphs (6) and (7), respectively; 

20 (3) in paragraph (3)— 

21 (A) by redesignating such paragraph as 

22 paragraph (4); 

23 (B) in the heading of such paragraph, by 

24 inserting ‘‘NON-NETWORK STATION;’’ after 

25 ‘‘NETWORK STATION;’’; and 


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1 (C) by inserting ‘‘ ‘non-network station’,’’ 

2 after ‘‘ ‘network station’,’’; 

3 (4) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) LOW POWER TELEVISION STATION.—The 

6 term ‘low power television station’ means a low 

7 power TV station as defined in section 74.701(f) of 

8 title 47, Code of Federal Regulations, as in effect on 

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

10 term ‘low power television station’ includes a low 

11 power television station that has been accorded pri12 mary status as a Class A television licensee under 

13 section 73.6001(a) of title 47, Code of Federal Reg14 ulations.’’; 

15 (5) by inserting after paragraph (4) (as redesig16 nated) the following: 

17 ‘‘(5) NONCOMMERCIAL EDUCATIONAL BROAD18 CAST STATION.—The term ‘noncommercial edu19 cational broadcast station’ means a television broad20 cast station that is a noncommercial educational 

21 broadcast station as defined in section 397 of the 

22 Communications Act of 1934, as in effect on the 

23 date of the enactment of the Satellite Television Ex24 tension and Localism Act of 2010.’’; and 


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1 (6) by amending paragraph (6) (as redesig2 nated) to read as follows: 

3 ‘‘(6) SUBSCRIBER.—The term ‘subscriber’ 

4 means a person or entity that receives a secondary 

5 transmission service from a satellite carrier and pays 

6 a fee for the service, directly or indirectly, to the sat7 ellite carrier or to a distributor.’’. 

8 SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY 

9 TRANSMISSION RIGHTS UNDER SECTION 111. 

10 (a) HEADING RENAMED.— 

11 (1) IN GENERAL.—The heading of section 111 

12 is amended by inserting at the end the following: 

13 ‘‘of broadcast programming by cable’’. 

14 (2) TABLE OF CONTENTS.—The table of con15 tents for chapter 1 is amended by striking the item 

16 relating to section 111 and inserting the following: 

‘‘111. Limitations on exclusive rights: Secondary transmissions of broadcast programming by cable.’’. 

17 (b) TECHNICAL AMENDMENT.—Section 111(a)(4) is 

18 amended by striking ‘‘; or’’ and inserting ‘‘or section 

19 122;’’. 

20 (c) STATUTORY LICENSE FOR SECONDARY TRANS21 MISSIONS BY CABLE SYSTEMS.—Section 111(d) is amend22 ed— 

23 (1) in paragraph (1)— 


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1 (A) in the matter preceding subparagraph 

2 (A)— 

3 (i) by striking ‘‘A cable system whose 

4 secondary’’ and inserting the following: 

5 ‘‘STATEMENT OF ACCOUNT AND ROYALTY

6 FEES.—Subject to paragraph (5), a cable 

7 system whose secondary’’; and 

8 (ii) by striking ‘‘by regulation—’’ and 

9 inserting ‘‘by regulation the following:’’; 

10 (B) in subparagraph (A)— 

11 (i) by striking ‘‘a statement of ac12 count’’ and inserting ‘‘A statement of ac13 count’’; and 

14 (ii) by striking ‘‘; and’’ and inserting 

15 a period; and 

16 (C) by striking subparagraphs (B), (C), 

17 and (D) and inserting the following: 

18 ‘‘(B) Except in the case of a cable system 

19 whose royalty fee is specified in subparagraph 

20 (E) or (F), a total royalty fee payable to copy21 right owners pursuant to paragraph (3) for the 

22 period covered by the statement, computed on 

23 the basis of specified percentages of the gross 

24 receipts from subscribers to the cable service 

25 during such period for the basic service of proVerDate Mar 15 2010 21:38 May 07, 2010 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.CPS S3333

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1 viding secondary transmissions of primary 

2 broadcast transmitters, as follows: 

3 ‘‘(i) 1.064 percent of such gross re4 ceipts for the privilege of further transmit5 ting, beyond the local service area of such 

6 primary transmitter, any non-network pro7 gramming of a primary transmitter in 

8 whole or in part, such amount to be ap9 plied against the fee, if any, payable pursu10 ant to clauses (ii) through (iv); 

11 ‘‘(ii) 1.064 percent of such gross re12 ceipts for the first distant signal equiva13 lent; 

14 ‘‘(iii) 0.701 percent of such gross re15 ceipts for each of the second, third, and 

16 fourth distant signal equivalents; and 

17 ‘‘(iv) 0.330 percent of such gross re18 ceipts for the fifth distant signal equivalent 

19 and each distant signal equivalent there20 after. 

21 ‘‘(C) In computing amounts under clauses 

22 (ii) through (iv) of subparagraph (B)— 

23 ‘‘(i) any fraction of a distant signal 

24 equivalent shall be computed at its frac25 tional value; 


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1 ‘‘(ii) in the case of any cable system 

2 located partly within and partly outside of 

3 the local service area of a primary trans4 mitter, gross receipts shall be limited to 

5 those gross receipts derived from sub6 scribers located outside of the local service 

7 area of such primary transmitter; and 

8 ‘‘(iii) if a cable system provides a sec9 ondary transmission of a primary trans10 mitter to some but not all communities 

11 served by that cable system— 

12 ‘‘(I) the gross receipts and the 

13 distant signal equivalent values for 

14 such secondary transmission shall be 

15 derived solely on the basis of the sub16 scribers in those communities where 

17 the cable system provides such sec18 ondary transmission; and 

19 ‘‘(II) the total royalty fee for the 

20 period paid by such system shall not 

21 be less than the royalty fee calculated 

22 under subparagraph (B)(i) multiplied 

23 by the gross receipts from all sub24 scribers to the system. 


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1 ‘‘(D) A cable system that, on a statement 

2 submitted before the date of the enactment of 

3 the Satellite Television Extension and Localism 

4 Act of 2010, computed its royalty fee consistent 

5 with the methodology under subparagraph 

6 (C)(iii), or that amends a statement filed before 

7 such date of enactment to compute the royalty 

8 fee due using such methodology, shall not be 

9 subject to an action for infringement, or eligible 

10 for any royalty refund or offset, arising out of 

11 its use of such methodology on such statement. 

12 ‘‘(E) If the actual gross receipts paid by 

13 subscribers to a cable system for the period cov14 ered by the statement for the basic service of 

15 providing secondary transmissions of primary 

16 broadcast transmitters are $263,800 or less— 

17 ‘‘(i) gross receipts of the cable system 

18 for the purpose of this paragraph shall be 

19 computed by subtracting from such actual 

20 gross receipts the amount by which 

21 $263,800 exceeds such actual gross re22 ceipts, except that in no case shall a cable 

23 system’s gross receipts be reduced to less 

24 than $10,400; and 


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1 ‘‘(ii) the royalty fee payable under this 

2 paragraph to copyright owners pursuant to 

3 paragraph (3) shall be 0.5 percent, regard4 less of the number of distant signal equiva5 lents, if any. 

6 ‘‘(F) If the actual gross receipts paid by 

7 subscribers to a cable system for the period cov8 ered by the statement for the basic service of 

9 providing secondary transmissions of primary 

10 broadcast transmitters are more than $263,800 

11 but less than $527,600, the royalty fee payable 

12 under this paragraph to copyright owners pur13 suant to paragraph (3) shall be— 

14 ‘‘(i) 0.5 percent of any gross receipts 

15 up to $263,800, regardless of the number 

16 of distant signal equivalents, if any; and 

17 ‘‘(ii) 1 percent of any gross receipts in 

18 excess of $263,800, but less than 

19 $527,600, regardless of the number of dis20 tant signal equivalents, if any. 

21 ‘‘(G) A filing fee, as determined by the 

22 Register of Copyrights pursuant to section 

23 708(a).’’; 

24 (2) in paragraph (2), in the first sentence— 


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1 (A) by striking ‘‘The Register of Copy2 rights’’ and inserting the following ‘‘HANDLING

3 OF FEES.—The Register of Copyrights’’; and 

4 (B) by inserting ‘‘(including the filing fee 

5 specified in paragraph (1)(G))’’ after ‘‘shall re6 ceive all fees’’; 

7 (3) in paragraph (3)— 

8 (A) by striking ‘‘The royalty fees’’ and in9 serting the following: ‘‘DISTRIBUTION OF ROY10 ALTY FEES TO COPYRIGHT OWNERS.—The roy11 alty fees’’; 

12 (B) in subparagraph (A)— 

13 (i) by striking ‘‘any such’’ and insert14 ing ‘‘Any such’’; and 

15 (ii) by striking ‘‘; and’’ and inserting 

16 a period; 

17 (C) in subparagraph (B)— 

18 (i) by striking ‘‘any such’’ and insert19 ing ‘‘Any such’’; and 

20 (ii) by striking the semicolon and in21 serting a period; and 

22 (D) in subparagraph (C), by striking ‘‘any 

23 such’’ and inserting ‘‘Any such’’; 

24 (4) in paragraph (4), by striking ‘‘The royalty 

25 fees’’ and inserting the following: ‘‘PROCEDURES


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1 FOR ROYALTY FEE DISTRIBUTION.—The royalty 

2 fees’’; and 

3 (5) by adding at the end the following new 

4 paragraphs: 

5 ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX6 CLUSIVITY SURCHARGE NOT APPLICABLE TO

7 MULTICAST STREAMS.—The royalty rates specified 

8 in sections 256.2(c) and 256.2(d) of title 37, Code 

9 of Federal Regulations (commonly referred to as the 

10 ‘3.75 percent rate’ and the ‘syndicated exclusivity 

11 surcharge’, respectively), as in effect on the date of 

12 the enactment of the Satellite Television Extension 

13 and Localism Act of 2010, as such rates may be ad14 justed, or such sections redesignated, thereafter by 

15 the Copyright Royalty Judges, shall not apply to the 

16 secondary transmission of a multicast stream. 

17 ‘‘(6) VERIFICATION OF ACCOUNTS AND FEE

18 PAYMENTS.—The Register of Copyrights shall issue 

19 regulations to provide for the confidential 

20 verification by copyright owners whose works were 

21 embodied in the secondary transmissions of primary 

22 transmissions pursuant to this section of the infor23 mation reported on the semiannual statements of ac24 count filed under this subsection for accounting peri25 ods beginning on or after January 1, 2010, in order 


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1 that the auditor designated under subparagraph (A) 

2 is able to confirm the correctness of the calculations 

3 and royalty payments reported therein. The regula4 tions shall— 

5 ‘‘(A) establish procedures for the designa6 tion of a qualified independent auditor— 

7 ‘‘(i) with exclusive authority to re8 quest verification of such a statement of 

9 account on behalf of all copyright owners 

10 whose works were the subject of secondary 

11 transmissions of primary transmissions by 

12 the cable system (that deposited the state13 ment) during the accounting period cov14 ered by the statement; and 

15 ‘‘(ii) who is not an officer, employee, 

16 or agent of any such copyright owner for 

17 any purpose other than such audit; 

18 ‘‘(B) establish procedures for safeguarding 

19 all non-public financial and business informa20 tion provided under this paragraph; 

21 ‘‘(C)(i) require a consultation period for 

22 the independent auditor to review its conclu23 sions with a designee of the cable system; 

24 ‘‘(ii) establish a mechanism for the cable 

25 system to remedy any errors identified in the 


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1 auditor’s report and to cure any underpayment 

2 identified; and 

3 ‘‘(iii) provide an opportunity to remedy any 

4 disputed facts or conclusions; 

5 ‘‘(D) limit the frequency of requests for 

6 verification for a particular cable system and 

7 the number of audits that a multiple system op8 erator can be required to undergo in a single 

9 year; and 

10 ‘‘(E) permit requests for verification of a 

11 statement of account to be made only within 3 

12 years after the last day of the year in which the 

13 statement of account is filed. 

14 ‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.— 

15 Any royalty fee payments received by the Copyright 

16 Office from cable systems for the secondary trans17 mission of primary transmissions that are in addi18 tion to the payments calculated and deposited in ac19 cordance with this subsection shall be deemed to 

20 have been deposited for the particular accounting pe21 riod for which they are received and shall be distrib22 uted as specified under this subsection.’’. 

23 (d) EFFECTIVE DATE OF NEW ROYALTY FEE

24 RATES.—The royalty fee rates established in section 

25 111(d)(1)(B) of title 17, United States Code, as amended 


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1 by subsection (c)(1)(C) of this section, shall take effect 

2 commencing with the first accounting period occurring in 

3 2010. 

4 (e) DEFINITIONS.—Section 111(f) is amended— 

5 (1) by striking the first undesignated paragraph 

6 and inserting the following: 

7 ‘‘(1) PRIMARY TRANSMISSION.—A ‘primary 

8 transmission’ is a transmission made to the public 

9 by a transmitting facility whose signals are being re10 ceived and further transmitted by a secondary trans11 mission service, regardless of where or when the per12 formance or display was first transmitted. In the 

13 case of a television broadcast station, the primary 

14 stream and any multicast streams transmitted by 

15 the station constitute primary transmissions.’’; 

16 (2) in the second undesignated paragraph— 

17 (A) by striking ‘‘A ‘secondary trans18 mission’ ’’ and inserting the following: 

19 ‘‘(2) SECONDARY TRANSMISSION.—A ‘secondary 

20 transmission’ ’’; and 

21 (B) by striking ‘‘ ‘cable system’ ’’ and in22 serting ‘‘cable system’’; 

23 (3) in the third undesignated paragraph— 

24 (A) by striking ‘‘A ‘cable system’ ’’ and in25 serting the following: 


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1 ‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; and 

2 (B) by striking ‘‘Territory, Trust Terri3 tory, or Possession’’ and inserting ‘‘territory, 

4 trust territory, or possession of the United 

5 States’’; 

6 (4) in the fourth undesignated paragraph, in 

7 the first sentence— 

8 (A) by striking ‘‘The ‘local service area of 

9 a primary transmitter’, in the case of a tele10 vision broadcast station, comprises the area in 

11 which such station is entitled to insist’’ and in12 serting the following: 

13 ‘‘(4) LOCAL SERVICE AREA OF A PRIMARY

14 TRANSMITTER.—The ‘local service area of a primary 

15 transmitter’, in the case of both the primary stream 

16 and any multicast streams transmitted by a primary 

17 transmitter that is a television broadcast station, 

18 comprises the area where such primary transmitter 

19 could have insisted’’; 

20 (B) by striking ‘‘76.59 of title 47 of the 

21 Code of Federal Regulations’’ and inserting the 

22 following: ‘‘76.59 of title 47, Code of Federal 

23 Regulations, or within the noise-limited contour 

24 as defined in 73.622(e)(1) of title 47, Code of 

25 Federal Regulations’’; and 


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1 (C) by striking ‘‘as defined by the rules 

2 and regulations of the Federal Communications 

3 Commission,’’; 

4 (5) by amending the fifth undesignated para5 graph to read as follows: 

6 ‘‘(5) DISTANT SIGNAL EQUIVALENT.— 

7 ‘‘(A) IN GENERAL.—Except as provided 

8 under subparagraph (B), a ‘distant signal 

9 equivalent’— 

10 ‘‘(i) is the value assigned to the sec11 ondary transmission of any non-network 

12 television programming carried by a cable 

13 system in whole or in part beyond the local 

14 service area of the primary transmitter of 

15 such programming; and 

16 ‘‘(ii) is computed by assigning a value 

17 of one to each primary stream and to each 

18 multicast stream (other than a simulcast) 

19 that is an independent station, and by as20 signing a value of one-quarter to each pri21 mary stream and to each multicast stream 

22 (other than a simulcast) that is a network 

23 station or a noncommercial educational 

24 station. 


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1 ‘‘(B) EXCEPTIONS.—The values for inde2 pendent, network, and noncommercial edu3 cational stations specified in subparagraph (A) 

4 are subject to the following: 

5 ‘‘(i) Where the rules and regulations 

6 of the Federal Communications Commis7 sion require a cable system to omit the fur8 ther transmission of a particular program 

9 and such rules and regulations also permit 

10 the substitution of another program em11 bodying a performance or display of a 

12 work in place of the omitted transmission, 

13 or where such rules and regulations in ef14 fect on the date of the enactment of the 

15 Copyright Act of 1976 permit a cable sys16 tem, at its election, to effect such omission 

17 and substitution of a nonlive program or to 

18 carry additional programs not transmitted 

19 by primary transmitters within whose local 

20 service area the cable system is located, no 

21 value shall be assigned for the substituted 

22 or additional program. 

23 ‘‘(ii) Where the rules, regulations, or 

24 authorizations of the Federal Communica25 tions Commission in effect on the date of 


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1 the enactment of the Copyright Act of 

2 1976 permit a cable system, at its election, 

3 to omit the further transmission of a par4 ticular program and such rules, regula5 tions, or authorizations also permit the 

6 substitution of another program embodying 

7 a performance or display of a work in 

8 place of the omitted transmission, the 

9 value assigned for the substituted or addi10 tional program shall be, in the case of a 

11 live program, the value of one full distant 

12 signal equivalent multiplied by a fraction 

13 that has as its numerator the number of 

14 days in the year in which such substitution 

15 occurs and as its denominator the number 

16 of days in the year. 

17 ‘‘(iii) In the case of the secondary 

18 transmission of a primary transmitter that 

19 is a television broadcast station pursuant 

20 to the late-night or specialty programming 

21 rules of the Federal Communications Com22 mission, or the secondary transmission of a 

23 primary transmitter that is a television 

24 broadcast station on a part-time basis 

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1 cause the cable system lacks the activated 

2 channel capacity to retransmit on a full3 time basis all signals that it is authorized 

4 to carry, the values for independent, net5 work, and noncommercial educational sta6 tions set forth in subparagraph (A), as the 

7 case may be, shall be multiplied by a frac8 tion that is equal to the ratio of the broad9 cast hours of such primary transmitter re10 transmitted by the cable system to the 

11 total broadcast hours of the primary trans12 mitter. 

13 ‘‘(iv) No value shall be assigned for 

14 the secondary transmission of the primary 

15 stream or any multicast streams of a pri16 mary transmitter that is a television broad17 cast station in any community that is with18 in the local service area of the primary 

19 transmitter.’’; 

20 (6) by striking the sixth undesignated para21 graph and inserting the following: 

22 ‘‘(6) NETWORK STATION.— 

23 ‘‘(A) TREATMENT OF PRIMARY STREAM.— 

24 The term ‘network station’ shall be applied to 

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1 tion that is owned or operated by, or affiliated 

2 with, one or more of the television networks in 

3 the United States providing nationwide trans4 missions, and that transmits a substantial part 

5 of the programming supplied by such networks 

6 for a substantial part of the primary stream’s 

7 typical broadcast day. 

8 ‘‘(B) TREATMENT OF MULTICAST

9 STREAMS.—The term ‘network station’ shall be 

10 applied to a multicast stream on which a tele11 vision broadcast station transmits all or sub12 stantially all of the programming of an inter13 connected program service that— 

14 ‘‘(i) is owned or operated by, or affili15 ated with, one or more of the television 

16 networks described in subparagraph (A); 

17 and 

18 ‘‘(ii) offers programming on a regular 

19 basis for 15 or more hours per week to at 

20 least 25 of the affiliated television licensees 

21 of the interconnected program service in 

22 10 or more States.’’; 

23 (7) by striking the seventh undesignated para24 graph and inserting the following: 


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1 ‘‘(7) INDEPENDENT STATION.—The term ‘inde2 pendent station’ shall be applied to the primary 

3 stream or a multicast stream of a television broad4 cast station that is not a network station or a non5 commercial educational station.’’; 

6 (8) by striking the eighth undesignated para7 graph and inserting the following: 

8 ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA9 TION.—The term ‘noncommercial educational sta10 tion’ shall be applied to the primary stream or a 

11 multicast stream of a television broadcast station 

12 that is a noncommercial educational broadcast sta13 tion as defined in section 397 of the Communica14 tions Act of 1934, as in effect on the date of the en15 actment of the Satellite Television Extension and 

16 Localism Act of 2010.’’; and 

17 (9) by adding at the end the following: 

18 ‘‘(9) PRIMARY STREAM.—A ‘primary stream’ 

19 is— 

20 ‘‘(A) the single digital stream of program21 ming that, before June 12, 2009, was substan22 tially duplicating the programming transmitted 

23 by the television broadcast station as an analog 

24 signal; or 


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1 ‘‘(B) if there is no stream described in 

2 subparagraph (A), then the single digital 

3 stream of programming transmitted by the tele4 vision broadcast station for the longest period 

5 of time. 

6 ‘‘(10) PRIMARY TRANSMITTER.—A ‘primary 

7 transmitter’ is a television or radio broadcast station 

8 licensed by the Federal Communications Commis9 sion, or by an appropriate governmental authority of 

10 Canada or Mexico, that makes primary trans11 missions to the public. 

12 ‘‘(11) MULTICAST STREAM.—A ‘multicast 

13 stream’ is a digital stream of programming that is 

14 transmitted by a television broadcast station and is 

15 not the station’s primary stream. 

16 ‘‘(12) SIMULCAST.—A ‘simulcast’ is a multicast 

17 stream of a television broadcast station that dupli18 cates the programming transmitted by the primary 

19 stream or another multicast stream of such station. 

20 ‘‘(13) SUBSCRIBER; SUBSCRIBE.— 

21 ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ 

22 means a person or entity that receives a sec23 ondary transmission service from a cable sys24 tem and pays a fee for the service, directly or 

25 indirectly, to the cable system. 


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1 ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ 

2 means to elect to become a subscriber.’’. 

3 (f) TIMING OF SECTION 111 PROCEEDINGS.—Section 

4 804(b)(1) is amended by striking ‘‘2005’’ each place it ap5 pears and inserting ‘‘2015’’. 

6 (g) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) CORRECTIONS TO FIX LEVEL DESIGNA8 TIONS.—Section 111 is amended— 

9 (A) in subsections (a), (c), and (e), by 

10 striking ‘‘clause’’ each place it appears and in11 serting ‘‘paragraph’’; 

12 (B) in subsection (c)(1), by striking 

13 ‘‘clauses’’ and inserting ‘‘paragraphs’’; and 

14 (C) in subsection (e)(1)(F), by striking 

15 ‘‘subclause’’ and inserting ‘‘subparagraph’’. 

16 (2) CONFORMING AMENDMENT TO HYPHENATE

17 NONNETWORK.—Section 111 is amended by striking 

18 ‘‘nonnetwork’’ each place it appears and inserting 

19 ‘‘non-network’’. 

20 (3) PREVIOUSLY UNDESIGNATED PARA21 GRAPH.—Section 111(e)(1) is amended by striking 

22 ‘‘second paragraph of subsection (f)’’ and inserting 

23 ‘‘subsection (f)(2)’’. 

24 (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec25 tion 111(e) is amended— 


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1 (A) in paragraph (1)(A), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (1)(B), by striking 

4 ‘‘and’’ at the end; 

5 (C) in paragraph (1)(C), by striking ‘‘and’’ 

6 at the end; 

7 (D) in paragraph (1)(D), by striking 

8 ‘‘and’’ at the end; and 

9 (E) in paragraph (2)(A), by striking ‘‘and’’ 

10 at the end. 

11 (5) REMOVAL OF VARIANT FORMS REF12 ERENCES.—Section 111 is amended— 

13 (A) in subsection (e)(4), by striking ‘‘, and 

14 each of its variant forms,’’; and 

15 (B) in subsection (f), by striking ‘‘and 

16 their variant forms’’. 

17 (6) CORRECTION TO TERRITORY REFERENCE.— 

18 Section 111(e)(2) is amended in the matter pre19 ceding subparagraph (A) by striking ‘‘three terri20 tories’’ and inserting ‘‘five entities’’. 

21 (h) EFFECTIVE DATE WITH RESPECT TO

22 MULTICAST STREAMS.— 

23 (1) IN GENERAL.—Subject to paragraphs (2) 

24 and (3), the amendments made by this section, to 

25 the extent such amendments assign a distant signal 


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1 equivalent value to the secondary transmission of the 

2 multicast stream of a primary transmitter, shall take 

3 effect on the date of the enactment of this Act. 

4 (2) DELAYED APPLICABILITY.— 

5 (A) SECONDARY TRANSMISSIONS OF A

6 MULTICAST STREAM BEYOND THE LOCAL SERV7 ICE AREA OF ITS PRIMARY TRANSMITTER BE8 FORE 2010 ACT.—In any case in which a cable 

9 system was making secondary transmissions of 

10 a multicast stream beyond the local service area 

11 of its primary transmitter before the date of the 

12 enactment of this Act, a distant signal equiva13 lent value (referred to in paragraph (1)) shall 

14 not be assigned to secondary transmissions of 

15 such multicast stream that are made on or be16 fore June 30, 2010. 

17 (B) MULTICAST STREAMS SUBJECT TO

18 PREEXISTING WRITTEN AGREEMENTS FOR THE

19 SECONDARY TRANSMISSION OF SUCH

20 STREAMS.—In any case in which the secondary 

21 transmission of a multicast stream of a primary 

22 transmitter is the subject of a written agree23 ment entered into on or before June 30, 2009, 

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1 mitter or an association representing the pri2 mary transmitter, a distant signal equivalent 

3 value (referred to in paragraph (1)) shall not be 

4 assigned to secondary transmissions of such 

5 multicast stream beyond the local service area 

6 of its primary transmitter that are made on or 

7 before the date on which such written agree8 ment expires. 

9 (C) NO REFUNDS OR OFFSETS FOR PRIOR

10 STATEMENTS OF ACCOUNT.—A cable system 

11 that has reported secondary transmissions of a 

12 multicast stream beyond the local service area 

13 of its primary transmitter on a statement of ac14 count deposited under section 111 of title 17, 

15 United States Code, before the date of the en16 actment of this Act shall not be entitled to any 

17 refund, or offset, of royalty fees paid on ac18 count of such secondary transmissions of such 

19 multicast stream. 

20 (3) DEFINITIONS.—In this subsection, the 

21 terms ‘‘cable system’’, ‘‘secondary transmission’’, 

22 ‘‘multicast stream’’, and ‘‘local service area of a pri23 mary transmitter’’ have the meanings given those 

24 terms in section 111(f) of title 17, United States 

25 Code, as amended by this section. 


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1 SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF 

2 LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS. 

3 Section 119 is amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(g) CERTAIN WAIVERS GRANTED TO PROVIDERS OF

6 LOCAL-INTO-LOCAL SERVICE TO ALL DMAS.— 

7 ‘‘(1) INJUNCTION WAIVER.—A court that issued 

8 an injunction pursuant to subsection (a)(7)(B) be9 fore the date of the enactment of this subsection 

10 shall waive such injunction if the court recognizes 

11 the entity against which the injunction was issued as 

12 a qualified carrier. 

13 ‘‘(2) LIMITED TEMPORARY WAIVER.— 

14 ‘‘(A) IN GENERAL.—Upon a request made 

15 by a satellite carrier, a court that issued an in16 junction against such carrier under subsection 

17 (a)(7)(B) before the date of the enactment of 

18 this subsection shall waive such injunction with 

19 respect to the statutory license provided under 

20 subsection (a)(2) to the extent necessary to 

21 allow such carrier to make secondary trans22 missions of primary transmissions made by a 

23 network station to unserved households located 

24 in short markets in which such carrier was not 

25 providing local service pursuant to the license 

26 under section 122 as of December 31, 2009. 


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1 ‘‘(B) EXPIRATION OF TEMPORARY WAIV2 ER.—A temporary waiver of an injunction 

3 under subparagraph (A) shall expire after the 

4 end of the 120-day period beginning on the 

5 date such temporary waiver is issued unless ex6 tended for good cause by the court making the 

7 temporary waiver. 

8 ‘‘(C) FAILURE TO PROVIDE LOCAL-INTO9 LOCAL SERVICE TO ALL DMAS.— 

10 ‘‘(i) FAILURE TO ACT REASONABLY

11 AND IN GOOD FAITH.—If the court issuing 

12 a temporary waiver under subparagraph 

13 (A) determines that the satellite carrier 

14 that made the request for such waiver has 

15 failed to act reasonably or has failed to 

16 make a good faith effort to provide local17 into-local service to all DMAs, such fail18 ure— 

19 ‘‘(I) is actionable as an act of in20 fringement under section 501 and the 

21 court may in its discretion impose the 

22 remedies provided for in sections 502 

23 through 506 and subsection (a)(6)(B) 

24 of this section; and 


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1 ‘‘(II) shall result in the termi2 nation of the waiver issued under sub3 paragraph (A). 

4 ‘‘(ii) FAILURE TO PROVIDE LOCAL5 INTO-LOCAL SERVICE.—If the court issuing 

6 a temporary waiver under subparagraph 

7 (A) determines that the satellite carrier 

8 that made the request for such waiver has 

9 failed to provide local-into-local service to 

10 all DMAs, but determines that the carrier 

11 acted reasonably and in good faith, the 

12 court may in its discretion impose financial 

13 penalties that reflect— 

14 ‘‘(I) the degree of control the 

15 carrier had over the circumstances 

16 that resulted in the failure; 

17 ‘‘(II) the quality of the carrier’s 

18 efforts to remedy the failure; and 

19 ‘‘(III) the severity and duration 

20 of any service interruption. 

21 ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL22 ABLE.—An entity may only receive one tem23 porary waiver under this paragraph. 

24 ‘‘(E) SHORT MARKET DEFINED.—For pur25 poses of this paragraph, the term ‘short marVerDate Mar 15 2010 21:38 May 07, 2010 Jkt 089200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.CPS S3333

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1 ket’ means a local market in which program2 ming of one or more of the four most widely 

3 viewed television networks nationwide as meas4 ured on the date of the enactment of this sub5 section is not offered on the primary stream 

6 transmitted by any local television broadcast 

7 station. 

8 ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER

9 RECOGNITION.— 

10 ‘‘(A) STATEMENT OF ELIGIBILITY.—An 

11 entity seeking to be recognized as a qualified 

12 carrier under this subsection shall file a state13 ment of eligibility with the court that imposed 

14 the injunction. A statement of eligibility must 

15 include— 

16 ‘‘(i) an affidavit that the entity is pro17 viding local-into-local service to all DMAs; 

18 ‘‘(ii) a motion for a waiver of the in19 junction; 

20 ‘‘(iii) a motion that the court appoint 

21 a special master under Rule 53 of the Fed22 eral Rules of Civil Procedure; 

23 ‘‘(iv) an agreement by the carrier to 

24 pay all expenses incurred by the special 

25 master under paragraph (4)(B)(ii); and 


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1 ‘‘(v) a certification issued pursuant to 

2 section 342(a) of Communications Act of 

3 1934. 

4 ‘‘(B) GRANT OF RECOGNITION AS A QUALI5 FIED CARRIER.—Upon receipt of a statement of 

6 eligibility, the court shall recognize the entity as 

7 a qualified carrier and issue the waiver under 

8 paragraph (1). Upon motion pursuant to sub9 paragraph (A)(iii), the court shall appoint a 

10 special master to conduct the examination and 

11 provide a report to the court as provided in 

12 paragraph (4)(B). 

13 ‘‘(C) VOLUNTARY TERMINATION.—At any 

14 time, an entity recognized as a qualified carrier 

15 may file a statement of voluntary termination 

16 with the court certifying that it no longer wish17 es to be recognized as a qualified carrier. Upon 

18 receipt of such statement, the court shall rein19 state the injunction waived under paragraph 

20 (1). 

21 ‘‘(D) LOSS OF RECOGNITION PREVENTS

22 FUTURE RECOGNITION.—No entity may be rec23 ognized as a qualified carrier if such entity had 

24 previously been recognized as a qualified carrier 

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1 tarily terminated such recognition under sub2 paragraph (C). 

3 ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND

4 COMPLIANCE.— 

5 ‘‘(A) CONTINUING OBLIGATIONS.— 

6 ‘‘(i) IN GENERAL.—An entity recog7 nized as a qualified carrier shall continue 

8 to provide local-into-local service to all 

9 DMAs. 

10 ‘‘(ii) COOPERATION WITH COMPLI11 ANCE EXAMINATION.—An entity recog12 nized as a qualified carrier shall fully co13 operate with the special master appointed 

14 by the court under paragraph (3)(B) in an 

15 examination set forth in subparagraph (B). 

16 ‘‘(B) QUALIFIED CARRIER COMPLIANCE

17 EXAMINATION.— 

18 ‘‘(i) EXAMINATION AND REPORT.—A 

19 special master appointed by the court 

20 under paragraph (3)(B) shall conduct an 

21 examination of, and file a report on, the 

22 qualified carrier’s compliance with the roy23 alty payment and household eligibility re24 quirements of the license under this sec25 tion. The report shall address the qualified 


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1 carrier’s conduct during the period begin2 ning on the date on which the qualified 

3 carrier is recognized as such under para4 graph (3)(B) and ending on April 30, 

5 2012. 

6 ‘‘(ii) RECORDS OF QUALIFIED CAR7 RIER.—Beginning on the date that is one 

8 year after the date on which the qualified 

9 carrier is recognized as such under para10 graph (3)(B), but not later than December 

11 1, 2011, the qualified carrier shall provide 

12 the special master with all records that the 

13 special master considers to be directly per14 tinent to the following requirements under 

15 this section: 

16 ‘‘(I) Proper calculation and pay17 ment of royalties under the statutory 

18 license under this section. 

19 ‘‘(II) Provision of service under 

20 this license to eligible subscribers 

21 only. 

22 ‘‘(iii) SUBMISSION OF REPORT.—The 

23 special master shall file the report required 

24 by clause (i) not later than July 24, 2012, 

25 with the court referred to in paragraph (1) 


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1 that issued the injunction, and the court 

2 shall transmit a copy of the report to the 

3 Register of Copyrights, the Committees on 

4 the Judiciary and on Energy and Com5 merce of the House of Representatives, 

6 and the Committees on the Judiciary and 

7 on Commerce, Science, and Transportation 

8 of the Senate. 

9 ‘‘(iv) EVIDENCE OF INFRINGEMENT.— 

10 The special master shall include in the re11 port a statement of whether the examina12 tion by the special master indicated that 

13 there is substantial evidence that a copy14 right holder could bring a successful action 

15 under this section against the qualified 

16 carrier for infringement. 

17 ‘‘(v) SUBSEQUENT EXAMINATION.—If 

18 the special master’s report includes a 

19 statement that its examination indicated 

20 the existence of substantial evidence that a 

21 copyright holder could bring a successful 

22 action under this section against the quali23 fied carrier for infringement, the special 

24 master shall, not later than 6 months after 

25 the report under clause (i) is filed, initiate 


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1 another examination of the qualified car2 rier’s compliance with the royalty payment 

3 and household eligibility requirements of 

4 the license under this section since the last 

5 report was filed under clause (iii). The spe6 cial master shall file a report on the results 

7 of the examination conducted under this 

8 clause with the court referred to in para9 graph (1) that issued the injunction, and 

10 the court shall transmit a copy to the Reg11 ister of Copyrights, the Committees on the 

12 Judiciary and on Energy and Commerce of 

13 the House of Representatives, and the 

14 Committees on the Judiciary and on Com15 merce, Science, and Transportation of the 

16 Senate. The report shall include a state17 ment described in clause (iv). 

18 ‘‘(vi) COMPLIANCE.—Upon motion 

19 filed by an aggrieved copyright owner, the 

20 court recognizing an entity as a qualified 

21 carrier shall terminate such designation 

22 upon finding that the entity has failed to 

23 cooperate with the examinations required 

24 by this subparagraph. 


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1 ‘‘(vii) OVERSIGHT.—During the pe2 riod of time that the special master is con3 ducting an examination under this sub4 paragraph, the Comptroller General shall 

5 monitor the degree to which the entity 

6 seeking to be recognized or recognized as 

7 a qualified carrier under paragraph (3) is 

8 complying with the special master’s exam9 ination. The qualified carrier shall make 

10 available to the Comptroller General all 

11 records and individuals that the Comp12 troller General considers necessary to meet 

13 the Comptroller General’s obligations 

14 under this clause. The Comptroller General 

15 shall report the results of the monitoring 

16 required by this clause to the Committees 

17 on the Judiciary and on Energy and Com18 merce of the House of Representatives and 

19 the Committees on the Judiciary and on 

20 Commerce, Science, and Transportation of 

21 the Senate at intervals of not less than six 

22 months during such period. 

23 ‘‘(C) AFFIRMATION.—A qualified carrier 

24 shall file an affidavit with the district court and 

25 the Register of Copyrights 30 months after 


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1 such status was granted stating that, to the 

2 best of the affiant’s knowledge, it is in compli3 ance with the requirements for a qualified car4 rier. The qualified carrier shall attach to its af5 fidavit copies of all reports or orders issued by 

6 the court, the special master, and the Comp7 troller General. 

8 ‘‘(D) COMPLIANCE DETERMINATION.— 

9 Upon the motion of an aggrieved television 

10 broadcast station, the court recognizing an enti11 ty as a qualified carrier may make a determina12 tion of whether the entity is providing local13 into-local service to all DMAs. 

14 ‘‘(E) PLEADING REQUIREMENT.—In any 

15 motion brought under subparagraph (D), the 

16 party making such motion shall specify one or 

17 more designated market areas (as such term is 

18 defined in section 122(j)(2)(C)) for which the 

19 failure to provide service is being alleged, and, 

20 for each such designated market area, shall 

21 plead with particularity the circumstances of 

22 the alleged failure. 

23 ‘‘(F) BURDEN OF PROOF.—In any pro24 ceeding to make a determination under sub25 paragraph (D), and with respect to a desVerDate Mar 15 2010 21:38 May 07, 2010 Jkt 089200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.CPS S3333

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1 ignated market area for which failure to provide 

2 service is alleged, the entity recognized as a 

3 qualified carrier shall have the burden of prov4 ing that the entity provided local-into-local serv5 ice with a good quality satellite signal to at 

6 least 90 percent of the households in such des7 ignated market area (based on the most recent 

8 census data released by the United States Cen9 sus Bureau) at the time and place alleged. 

10 ‘‘(5) FAILURE TO PROVIDE SERVICE.— 

11 ‘‘(A) PENALTIES.—If the court recognizing 

12 an entity as a qualified carrier finds that such 

13 entity has willfully failed to provide local-into14 local service to all DMAs, such finding shall re15 sult in the loss of recognition of the entity as 

16 a qualified carrier and the termination of the 

17 waiver provided under paragraph (1), and the 

18 court may, in its discretion— 

19 ‘‘(i) treat such failure as an act of in20 fringement under section 501, and subject 

21 such infringement to the remedies provided 

22 for in sections 502 through 506 and sub23 section (a)(6)(B) of this section; and 

24 ‘‘(ii) impose a fine of not less than 

25 $250,000 and not more than $5,000,000. 


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1 ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA2 TION.—If the court determines that the failure 

3 to provide local-into-local service to all DMAs is 

4 nonwillful, the court may in its discretion im5 pose financial penalties for noncompliance that 

6 reflect— 

7 ‘‘(i) the degree of control the entity 

8 had over the circumstances that resulted in 

9 the failure; 

10 ‘‘(ii) the quality of the entity’s efforts 

11 to remedy the failure and restore service; 

12 and 

13 ‘‘(iii) the severity and duration of any 

14 service interruption. 

15 ‘‘(6) PENALTIES FOR VIOLATIONS OF LI16 CENSE.—A court that finds, under subsection 

17 (a)(6)(A), that an entity recognized as a qualified 

18 carrier has willfully made a secondary transmission 

19 of a primary transmission made by a network sta20 tion and embodying a performance or display of a 

21 work to a subscriber who is not eligible to receive 

22 the transmission under this section shall reinstate 

23 the injunction waived under paragraph (1), and the 

24 court may order statutory damages of not more than 

25 $2,500,000. 


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1 ‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS

2 DEFINED.—For purposes of this subsection: 

3 ‘‘(A) IN GENERAL.—An entity provides 

4 ‘local-into-local service to all DMAs’ if the enti5 ty provides local service in all designated mar6 ket areas (as such term is defined in section 

7 122(j)(2)(C)) pursuant to the license under sec8 tion 122. 

9 ‘‘(B) HOUSEHOLD COVERAGE.—For pur10 poses of subparagraph (A), an entity that 

11 makes available local-into-local service with a 

12 good quality satellite signal to at least 90 per13 cent of the households in a designated market 

14 area based on the most recent census data re15 leased by the United States Census Bureau 

16 shall be considered to be providing local service 

17 to such designated market area. 

18 ‘‘(C) GOOD QUALITY SATELLITE SIGNAL

19 DEFINED.—The term ‘good quality satellite sig20 nal’ has the meaning given such term under 

21 section 342(e)(2) of Communications Act of 

22 1934.’’. 

23 SEC. 106. COPYRIGHT OFFICE FEES. 

24 Section 708(a) is amended— 


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1 (1) in paragraph (8), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (9), by striking the period and 

4 inserting a semicolon; 

5 (3) by inserting after paragraph (9) the fol6 lowing: 

7 ‘‘(10) on filing a statement of account based on 

8 secondary transmissions of primary transmissions 

9 pursuant to section 119 or 122; and 

10 ‘‘(11) on filing a statement of account based on 

11 secondary transmissions of primary transmissions 

12 pursuant to section 111.’’; and 

13 (4) by adding at the end the following new sen14 tence: ‘‘Fees established under paragraphs (10) and 

15 (11) shall be reasonable and may not exceed one-half 

16 of the cost necessary to cover reasonable expenses 

17 incurred by the Copyright Office for the collection 

18 and administration of the statements of account and 

19 any royalty fees deposited with such statements.’’. 

20 SEC. 107. TERMINATION OF LICENSE. 

21 (a) TERMINATION.—Section 119 of title 17, United 

22 States Code, as amended by this Act, shall cease to be 

23 effective on December 31, 2014. 


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1 (b) CONFORMING AMENDMENT.—Section 

2 1003(a)(2)(A) of Public Law 111-118 (17 U.S.C. 119 

3 note) is repealed. 

4 SEC. 108. CONSTRUCTION. 

5 Nothing in section 111, 119, or 122 of title 17, 

6 United States Code, including the amendments made to 

7 such sections by this title, shall be construed to affect the 

8 meaning of any terms under the Communications Act of 

9 1934, except to the extent that such sections are specifi10 cally cross-referenced in such Act or the regulations issued 

11 thereunder. 

12 TITLE II—COMMUNICATIONS 

13 PROVISIONS 

14 SEC. 201. REFERENCE. 

15 Except as otherwise provided, whenever in this title 

16 an amendment is made to a section or other provision, 

17 the reference shall be considered to be made to such sec18 tion or provision of the Communications Act of 1934 (47 

19 U.S.C. 151 et seq.). 

20 SEC. 202. EXTENSION OF AUTHORITY. 

21 Section 325(b) is amended— 

22 (1) in paragraph (2)(C), by striking ‘‘May 31, 

23 2010’’ and inserting ‘‘December 31, 2014’’; and 


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1 (2) in paragraph (3)(C), by striking ‘‘June 1, 

2 2010’’ each place it appears in clauses (ii) and (iii) 

3 and inserting ‘‘January 1, 2015’’. 

4 SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 

5 (a) IN GENERAL.—Paragraphs (1) and (2) of section 

6 340(b) are amended to read as follows: 

7 ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK8 ING LOCAL-INTO-LOCAL SERVICE.—This section shall 

9 apply only to retransmissions to subscribers of a sat10 ellite carrier who receive retransmissions of a signal 

11 from that satellite carrier pursuant to section 338. 

12 ‘‘(2) SERVICE LIMITATIONS.—A satellite carrier 

13 may retransmit to a subscriber in high definition 

14 format the signal of a station determined by the 

15 Commission to be significantly viewed under sub16 section (a) only if such carrier also retransmits in 

17 high definition format the signal of a station located 

18 in the local market of such subscriber and affiliated 

19 with the same network whenever such format is 

20 available from such station.’’. 

21 (b) RULEMAKING REQUIRED.—Within 270 days after 

22 the date of the enactment of this Act, the Federal Commu23 nications Commission shall take all actions necessary to 

24 promulgate a rule to implement the amendments made by 

25 subsection (a). 


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1 SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING 

2 AMENDMENTS. 

3 (a) SECTION 338.—Section 338 is amended— 

4 (1) in subsection (a), by striking ‘‘(3) EFFEC5 TIVE DATE.—No satellite’’ and all that follows 

6 through ‘‘until January 1, 2002.’’; and 

7 (2) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE

10 RECEPTION ANTENNA.— 

11 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat12 ellite carrier that retransmits the signals of local tel13 evision broadcast stations in a local market shall re14 transmit such stations in such market so that a sub15 scriber may receive such stations by means of a sin16 gle reception antenna and associated equipment. 

17 ‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If 

18 the carrier retransmits the signals of local television 

19 broadcast stations in a local market in high defini20 tion format, the carrier shall retransmit such signals 

21 in such market so that a subscriber may receive 

22 such signals by means of a single reception antenna 

23 and associated equipment, but such antenna and as24 sociated equipment may be separate from the single 

25 reception antenna and associated equipment used to 

26 comply with paragraph (1).’’. 


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1 (b) SECTION 339.—Section 339 is amended— 

2 (1) in subsection (a)— 

3 (A) in paragraph (1)(B), by striking ‘‘Such 

4 two network stations’’ and all that follows 

5 through ‘‘more than two network stations.’’; 

6 and 

7 (B) in paragraph (2)— 

8 (i) in the heading for subparagraph 

9 (A), by striking ‘‘TO ANALOG SIGNALS’’; 

10 (ii) in subparagraph (A)— 

11 (I) in the heading for clause (i), 

12 by striking ‘‘ANALOG’’; 

13 (II) in clause (i)— 

14 (aa) by striking ‘‘analog’’ 

15 each place it appears; and 

16 (bb) by striking ‘‘October 1, 

17 2004’’ and inserting ‘‘October 1, 

18 2009’’; 

19 (III) in the heading for clause 

20 (ii), by striking ‘‘ANALOG’’; and 

21 (IV) in clause (ii)— 

22 (aa) by striking ‘‘analog’’ 

23 each place it appears; and 

24 (bb) by striking ‘‘2004’’ and 

25 inserting ‘‘2009’’; 


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1 (iii) by amending subparagraph (B) to 

2 read as follows: 

3 ‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 

4 ‘‘(i) IN GENERAL.—In the case of a 

5 subscriber of a satellite carrier who is eligi6 ble to receive the signal of a network sta7 tion under this section (in this subpara8 graph referred to as a ‘distant signal’), 

9 other than subscribers to whom subpara10 graph (A) applies, the following shall 

11 apply: 

12 ‘‘(I) In a case in which the sat13 ellite carrier makes available to that 

14 subscriber, on January 1, 2005, the 

15 signal of a local network station affili16 ated with the same television network 

17 pursuant to section 338, the carrier 

18 may only provide the secondary trans19 missions of the distant signal of a sta20 tion affiliated with the same network 

21 to that subscriber if the subscriber’s 

22 satellite carrier, not later than March 

23 1, 2005, submits to that television 

24 network the list and statement re25 quired by subparagraph (F)(i). 


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1 ‘‘(II) In a case in which the sat2 ellite carrier does not make available 

3 to that subscriber, on January 1, 

4 2005, the signal of a local network 

5 station pursuant to section 338, the 

6 carrier may only provide the sec7 ondary transmissions of the distant 

8 signal of a station affiliated with the 

9 same network to that subscriber if— 

10 ‘‘(aa) that subscriber seeks 

11 to subscribe to such distant sig12 nal before the date on which such 

13 carrier commences to carry pur14 suant to section 338 the signals 

15 of stations from the local market 

16 of such local network station; and 

17 ‘‘(bb) the satellite carrier, 

18 within 60 days after such date, 

19 submits to each television net20 work the list and statement re21 quired by subparagraph (F)(ii). 

22 ‘‘(ii) SPECIAL CIRCUMSTANCES.—A 

23 subscriber of a satellite carrier who was 

24 lawfully receiving the distant signal of a 

25 network station on the day before the date 


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1 of enactment of the Satellite Television Ex2 tension and Localism Act of 2010 may re3 ceive both such distant signal and the local 

4 signal of a network station affiliated with 

5 the same network until such subscriber 

6 chooses to no longer receive such distant 

7 signal from such carrier, whether or not 

8 such subscriber elects to subscribe to such 

9 local signal.’’; 

10 (iv) in subparagraph (C)— 

11 (I) by striking ‘‘analog’’; 

12 (II) in clause (i), by striking ‘‘the 

13 Satellite Home Viewer Extension and 

14 Reauthorization Act of 2004; and’’ 

15 and inserting the following: 

16 ‘‘the Satellite Television Extension and Lo17 calism Act of 2010 and, at the time such 

18 person seeks to subscribe to receive such 

19 secondary transmission, resides in a local 

20 market where the satellite carrier makes 

21 available to that person the signal of a 

22 local network station affiliated with the 

23 same television network pursuant to sec24 tion 338 (and the retransmission of such 


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1 signal by such carrier can reach such sub2 scriber); or’’; and 

3 (III) by amending clause (ii) to 

4 read as follows: 

5 ‘‘(ii) lawfully subscribes to and re6 ceives a distant signal on or after the date 

7 of enactment of the Satellite Television Ex8 tension and Localism Act of 2010, and, 

9 subsequent to such subscription, the sat10 ellite carrier makes available to that sub11 scriber the signal of a local network station 

12 affiliated with the same network as the dis13 tant signal (and the retransmission of such 

14 signal by such carrier can reach such sub15 scriber), unless such person subscribes to 

16 the signal of the local network station 

17 within 60 days after such signal is made 

18 available.’’; 

19 (v) in subparagraph (D)— 

20 (I) in the heading, by striking 

21 ‘‘DIGITAL’’; 

22 (II) by striking clauses (i), (iii) 

23 through (v), (vii) through (ix), and 

24 (xi); 


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1 (III) by redesignating clause (vi) 

2 as clause (i) and transferring such 

3 clause to appear before clause (ii); 

4 (IV) by amending such clause (i) 

5 (as so redesignated) to read as fol6 lows: 

7 ‘‘(i) ELIGIBILITY AND SIGNAL TEST8 ING.—A subscriber of a satellite carrier 

9 shall be eligible to receive a distant signal 

10 of a network station affiliated with the 

11 same network under this section if, with 

12 respect to a local network station, such 

13 subscriber— 

14 ‘‘(I) is a subscriber whose house15 hold is not predicted by the model 

16 specified in subsection (c)(3) to re17 ceive the signal intensity required 

18 under section 73.622(e)(1) or, in the 

19 case of a low-power station or trans20 lator station transmitting an analog 

21 signal, section 73.683(a) of title 47, 

22 Code of Federal Regulations, or a suc23 cessor regulation; 

24 ‘‘(II) is determined, based on a 

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1 tion 73.686(d) of title 47, Code of 

2 Federal Regulations, or any successor 

3 regulation, not to be able to receive a 

4 signal that exceeds the signal intensity 

5 standard in section 73.622(e)(1) or, 

6 in the case of a low-power station or 

7 translator station transmitting an 

8 analog signal, section 73.683(a) of 

9 such title, or a successor regulation; 

10 or 

11 ‘‘(III) is in an unserved house12 hold, as determined under section 

13 119(d)(10)(A) of title 17, United 

14 States Code.’’; 

15 (V) in clause (ii)— 

16 (aa) by striking ‘‘DIGITAL’’ 

17 in the heading; 

18 (bb) by striking ‘‘digital’’ 

19 the first two places such term ap20 pears; 

21 (cc) by striking ‘‘Satellite 

22 Home Viewer Extension and Re23 authorization Act of 2004’’ and 

24 inserting ‘‘Satellite Television 


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1 Extension and Localism Act of 

2 2010’’; and 

3 (dd) by striking ‘‘, whether 

4 or not such subscriber elects to 

5 subscribe to local digital signals’’; 

6 (VI) by inserting after clause (ii) 

7 the following new clause: 

8 ‘‘(iii) TIME-SHIFTING PROHIBITED.— 

9 In a case in which the satellite carrier 

10 makes available to an eligible subscriber 

11 under this subparagraph the signal of a 

12 local network station pursuant to section 

13 338, the carrier may only provide the dis14 tant signal of a station affiliated with the 

15 same network to that subscriber if, in the 

16 case of any local market in the 48 contig17 uous States of the United States, the dis18 tant signal is the secondary transmission 

19 of a station whose prime time network pro20 gramming is generally broadcast simulta21 neously with, or later than, the prime time 

22 network programming of the affiliate of 

23 the same network in the local market.’’; 

24 and 


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1 (VII) by redesignating clause (x) 

2 as clause (iv); and 

3 (vi) in subparagraph (E), by striking 

4 ‘‘distant analog signal or’’ and all that fol5 lows through ‘‘(B), or (D))’’ and inserting 

6 ‘‘distant signal’’; 

7 (2) in subsection (c)— 

8 (A) by amending paragraph (3) to read as 

9 follows: 

10 ‘‘(3) ESTABLISHMENT OF IMPROVED PRE11 DICTIVE MODEL AND ON-LOCATION TESTING RE12 QUIRED.— 

13 ‘‘(A) PREDICTIVE MODEL.—Within 270 

14 days after the date of the enactment of the Sat15 ellite Television Extension and Localism Act of 

16 2010, the Commission shall develop and pre17 scribe by rule a point-to-point predictive model 

18 for reliably and presumptively determining the 

19 ability of individual locations, through the use 

20 of an antenna, to receive signals in accordance 

21 with the signal intensity standard in section 

22 73.622(e)(1) of title 47, Code of Federal Regu23 lations, or a successor regulation, including to 

24 account for the continuing operation of trans25 lator stations and low power television stations. 


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1 In prescribing such model, the Commission 

2 shall rely on the Individual Location Longley3 Rice model set forth by the Commission in CS 

4 Docket No. 98–201, as previously revised with 

5 respect to analog signals, and as recommended 

6 by the Commission with respect to digital sig7 nals in its Report to Congress in ET Docket 

8 No. 05–182, FCC 05–199 (released December 

9 9, 2005). The Commission shall establish proce10 dures for the continued refinement in the appli11 cation of the model by the use of additional 

12 data as it becomes available. 

13 ‘‘(B) ON-LOCATION TESTING.—The Com14 mission shall issue an order completing its rule15 making proceeding in ET Docket No. 06–94 

16 within 270 days after the date of enactment of 

17 the Satellite Television Extension and Localism 

18 Act of 2010. In conducting such rulemaking, 

19 the Commission shall seek ways to minimize 

20 consumer burdens associated with on-location 

21 testing.’’; 

22 (B) by amending paragraph (4)(A) to read 

23 as follows: 

24 ‘‘(A) IN GENERAL.—If a subscriber’s re25 quest for a waiver under paragraph (2) is reVerDate Mar 15 2010 21:38 May 07, 2010 Jkt 089200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S3333.CPS S3333

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1 jected and the subscriber submits to the sub2 scriber’s satellite carrier a request for a test 

3 verifying the subscriber’s inability to receive a 

4 signal of the signal intensity referenced in 

5 clause (i) of subsection (a)(2)(D), the satellite 

6 carrier and the network station or stations as7 serting that the retransmission is prohibited 

8 with respect to that subscriber shall select a 

9 qualified and independent person to conduct the 

10 test referenced in such clause. Such test shall 

11 be conducted within 30 days after the date the 

12 subscriber submits a request for the test. If the 

13 written findings and conclusions of a test con14 ducted in accordance with such clause dem15 onstrate that the subscriber does not receive a 

16 signal that meets or exceeds the requisite signal 

17 intensity standard in such clause, the subscriber 

18 shall not be denied the retransmission of a sig19 nal of a network station under section 

20 119(d)(10)(A) of title 17, United States 

21 Code.’’; 

22 (C) in paragraph (4)(B), by striking ‘‘the 

23 signal intensity’’ and all that follows through 

24 ‘‘United States Code’’ and inserting ‘‘such req25 uisite signal intensity standard’’; and 


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1 (D) in paragraph (4)(E), by striking 

2 ‘‘Grade B intensity’’. 

3 (c) SECTION 340.—Section 340(i) is amended by 

4 striking paragraph (4). 

5 SEC. 205. APPLICATION PENDING COMPLETION OF 

6 RULEMAKINGS. 

7 (a) IN GENERAL.—During the period beginning on 

8 the date of the enactment of this Act and ending on the 

9 date on which the Federal Communications Commission 

10 adopts rules pursuant to the amendments to the Commu11 nications Act of 1934 made by section 203 and section 

12 204 of this title, the Federal Communications Commission 

13 shall follow its rules and regulations promulgated pursu14 ant to sections 338, 339, and 340 of the Communications 

15 Act of 1934 as in effect on the day before the date of 

16 the enactment of this Act. 

17 (b) TRANSLATOR STATIONS AND LOW POWER TELE18 VISION STATIONS.—Notwithstanding subsection (a), for 

19 purposes of determining whether a subscriber within the 

20 local market served by a translator station or a low power 

21 television station affiliated with a television network is eli22 gible to receive distant signals under section 339 of the 

23 Communications Act of 1934, the rules and regulations 

24 of the Federal Communications Commission for deter25 mining such subscriber’s eligibility as in effect on the day 


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1 before the date of the enactment of this Act shall apply 

2 until the date on which the translator station or low power 

3 television station is licensed to broadcast a digital signal. 

4 (c) DEFINITIONS.—As used in this subtitle: 

5 (1) LOCAL MARKET; LOW POWER TELEVISION

6 STATION; SATELLITE CARRIER; SUBSCRIBER; TELE7 VISION BROADCAST STATION.—The terms ‘‘local 

8 market’’, ‘‘low power television station’’, ‘‘satellite 

9 carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta10 tion’’ have the meanings given such terms in section 

11 338(k) of the Communications Act of 1934. 

12 (2) NETWORK STATION; TELEVISION NET13 WORK.—The terms ‘‘network station’’ and ‘‘tele14 vision network’’ have the meanings given such terms 

15 in section 339(d) of such Act. 

16 SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CER17 TIFICATION. 

18 Part I of title III is amended by adding at the end 

19 the following new section: 

20 ‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 

21 CERTIFICATION. 

22 ‘‘(a) CERTIFICATION.—The Commission shall issue a 

23 certification for the purposes of section 119(g)(3)(A)(iii) 

24 of title 17, United States Code, if the Commission deter25 mines that— 


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1 ‘‘(1) a satellite carrier is providing local service 

2 pursuant to the statutory license under section 122 

3 of such title in each designated market area; and 

4 ‘‘(2) with respect to each designated market 

5 area in which such satellite carrier was not providing 

6 such local service as of the date of enactment of the 

7 Satellite Television Extension and Localism Act of 

8 2010— 

9 ‘‘(A) the satellite carrier’s satellite beams 

10 are designed, and predicted by the satellite 

11 manufacturer’s pre-launch test data, to provide 

12 a good quality satellite signal to at least 90 per13 cent of the households in each such designated 

14 market area based on the most recent census 

15 data released by the United States Census Bu16 reau; and 

17 ‘‘(B) there is no material evidence that 

18 there has been a satellite or sub-system failure 

19 subsequent to the satellite’s launch that pre20 cludes the ability of the satellite carrier to sat21 isfy the requirements of subparagraph (A). 

22 ‘‘(b) INFORMATION REQUIRED.—Any entity seeking 

23 the certification provided for in subsection (a) shall submit 

24 to the Commission the following information: 


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1 ‘‘(1) An affidavit stating that, to the best of the 

2 affiant’s knowledge, the satellite carrier provides 

3 local service in all designated market areas pursuant 

4 to the statutory license provided for in section 122 

5 of title 17, United States Code, and listing those 

6 designated market areas in which local service was 

7 provided as of the date of enactment of the Satellite 

8 Television Extension and Localism Act of 2010. 

9 ‘‘(2) For each designated market area not listed 

10 in paragraph (1): 

11 ‘‘(A) Identification of each such designated 

12 market area and the location of its local receive 

13 facility. 

14 ‘‘(B) Data showing the number of house15 holds, and maps showing the geographic dis16 tribution thereof, in each such designated mar17 ket area based on the most recent census data 

18 released by the United States Census Bureau. 

19 ‘‘(C) Maps, with superimposed effective 

20 isotropically radiated power predictions ob21 tained in the satellite manufacturer’s pre22 launch tests, showing that the contours of the 

23 carrier’s satellite beams as designed and the ge24 ographic area that the carrier’s satellite beams 

25 are designed to cover are predicted to provide 


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1 a good quality satellite signal to at least 90 per2 cent of the households in such designated mar3 ket area based on the most recent census data 

4 released by the United States Census Bureau. 

5 ‘‘(D) For any satellite relied upon for cer6 tification under this section, an affidavit stating 

7 that, to the best of the affiant’s knowledge, 

8 there have been no satellite or sub-system fail9 ures subsequent to the satellite’s launch that 

10 would degrade the design performance to such 

11 a degree that a satellite transponder used to 

12 provide local service to any such designated 

13 market area is precluded from delivering a good 

14 quality satellite signal to at least 90 percent of 

15 the households in such designated market area 

16 based on the most recent census data released 

17 by the United States Census Bureau. 

18 ‘‘(E) Any additional engineering, des19 ignated market area, or other information the 

20 Commission considers necessary to determine 

21 whether the Commission shall grant a certifi22 cation under this section. 

23 ‘‘(c) CERTIFICATION ISSUANCE.— 


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1 ‘‘(1) PUBLIC COMMENT.—The Commission shall 

2 provide 30 days for public comment on a request for 

3 certification under this section. 

4 ‘‘(2) DEADLINE FOR DECISION.—The Commis5 sion shall grant or deny a request for certification 

6 within 90 days after the date on which such request 

7 is filed. 

8 ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity grant9 ed qualified carrier status pursuant to section 119(g) of 

10 title 17, United States Code, shall file an affidavit with 

11 the Commission 30 months after such status was granted 

12 stating that, to the best of the affiant’s knowledge, it is 

13 in compliance with the requirements for a qualified car14 rier. 

15 ‘‘(e) DEFINITIONS.—For the purposes of this section: 

16 ‘‘(1) DESIGNATED MARKET AREA.—The term 

17 ‘designated market area’ has the meaning given such 

18 term in section 122(j)(2)(C) of title 17, United 

19 States Code. 

20 ‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 

21 ‘‘(A) IN GENERAL.—The term ‘‘good qual22 ity satellite signal’’ means— 

23 ‘‘(i) a satellite signal whose power 

24 level as designed shall achieve reception 

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1 ability level of at least 99.7 percent 

2 using— 

3 ‘‘(I) models of satellite antennas 

4 normally used by the satellite carrier’s 

5 subscribers; and 

6 ‘‘(II) the same calculation meth7 odology used by the satellite carrier to 

8 determine predicted signal availability 

9 in the top 100 designated market 

10 areas; and 

11 ‘‘(ii) taking into account whether a 

12 signal is in standard definition format or 

13 high definition format, compression meth14 odology, modulation, error correction, 

15 power level, and utilization of advances in 

16 technology that do not circumvent the in17 tent of this section to provide for non-dis18 criminatory treatment with respect to any 

19 comparable television broadcast station sig20 nal, a video signal transmitted by a sat21 ellite carrier such that— 

22 ‘‘(I) the satellite carrier treats all 

23 television broadcast stations’ signals 

24 the same with respect to statistical 

25 multiplexer prioritization; and 


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1 ‘‘(II) the number of video signals 

2 in the relevant satellite transponder is 

3 not more than the then current great4 est number of video signals carried on 

5 any equivalent transponder serving 

6 the top 100 designated market areas. 

7 ‘‘(B) DETERMINATION.—For the purposes 

8 of subparagraph (A), the top 100 designated 

9 market areas shall be as determined by Nielsen 

10 Media Research and published in the Nielsen 

11 Station Index Directory and Nielsen Station 

12 Index United States Television Household Esti13 mates or any successor publication as of the 

14 date of a satellite carrier’s application for cer15 tification under this section.’’. 

16 SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEF17 INITION DIGITAL SIGNALS OF NONCOMMER18 CIAL EDUCATIONAL TELEVISION STATIONS. 

19 (a) IN GENERAL.—Section 338(a) is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF

22 HIGH DEFINITION SIGNALS OF NONCOMMERCIAL

23 EDUCATIONAL TELEVISION STATIONS.— 

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1 ment of the Satellite Television Extension and 

2 Localism Act of 2010, an eligible satellite car3 rier is providing, under section 122 of title 17, 

4 United States Code, any secondary trans5 missions in high definition format to sub6 scribers located within the local market of a tel7 evision broadcast station of a primary trans8 mission made by that station, then such sat9 ellite carrier shall carry the signals in high-defi10 nition format of qualified noncommercial edu11 cational television stations located within that 

12 local market in accordance with the following 

13 schedule: 

14 ‘‘(i) By December 31, 2010, in at 

15 least 50 percent of the markets in which 

16 such satellite carrier provides such sec17 ondary transmissions in high definition 

18 format. 

19 ‘‘(ii) By December 31, 2011, in every 

20 market in which such satellite carrier pro21 vides such secondary transmissions in high 

22 definition format. 

23 ‘‘(B) NEW INITIATION OF SERVICE.—If, on 

24 or after the date of enactment of the Satellite 

25 Television Extension and Localism Act of 2010, 


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1 an eligible satellite carrier initiates the provi2 sion, under section 122 of title 17, United 

3 States Code, of any secondary transmissions in 

4 high definition format to subscribers located 

5 within the local market of a television broadcast 

6 station of a primary transmission made by that 

7 station, then such satellite carrier shall carry 

8 the signals in high-definition format of all 

9 qualified noncommercial educational television 

10 stations located within that local market.’’. 

11 (b) DEFINITIONS.—Section 338(k) is amended— 

12 (1) by redesignating paragraphs (2) through 

13 (8) as paragraphs (3) through (9), respectively; 

14 (2) by inserting after paragraph (1) the fol15 lowing new paragraph: 

16 ‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 

17 ‘eligible satellite carrier’ means any satellite carrier 

18 that is not a party to a carriage contract that— 

19 ‘‘(A) governs carriage of at least 30 quali20 fied noncommercial educational television sta21 tions; and 

22 ‘‘(B) is in force and effect within 150 days 

23 after the date of enactment of the Satellite Tel24 evision Extension and Localism Act of 2010.’’; 


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1 (3) by redesignating paragraphs (6) through 

2 (9) (as previously redesignated) as paragraphs (7) 

3 through (10), respectively; and 

4 (4) by inserting after paragraph (5) (as so re5 designated) the following new paragraph: 

6 ‘‘(6) QUALIFIED NONCOMMERCIAL EDU7 CATIONAL TELEVISION STATION.—The term ‘quali8 fied noncommercial educational television station’ 

9 means any full-power television broadcast station 

10 that— 

11 ‘‘(A) under the rules and regulations of the 

12 Commission in effect on March 29, 1990, is li13 censed by the Commission as a noncommercial 

14 educational broadcast station and is owned and 

15 operated by a public agency, nonprofit founda16 tion, nonprofit corporation, or nonprofit asso17 ciation; and 

18 ‘‘(B) has as its licensee an entity that is el19 igible to receive a community service grant, or 

20 any successor grant thereto, from the Corpora21 tion for Public Broadcasting, or any successor 

22 organization thereto, on the basis of the for23 mula set forth in section 396(k)(6)(B) of this 

24 title.’’. 


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1 SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS. 

2 Nothing in this title or the amendments made by this 

3 title shall be construed to affect— 

4 (1) the meaning of the terms ‘‘program re5 lated’’ and ‘‘primary video’’ under the Communica6 tions Act of 1934; or 

7 (2) the meaning of the term ‘‘multicast’’ in any 

8 regulations issued by the Federal Communications 

9 Commission. 

10 SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS. 

11 Section 335(b) is amended— 

12 (1) by inserting ‘‘STATE PUBLIC AFFAIRS,’’ 

13 after ‘‘EDUCATIONAL,’’ in the heading; 

14 (2) by striking paragraph (1) and inserting the 

15 following: 

16 ‘‘(1) CHANNEL CAPACITY REQUIRED.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the Commission shall re19 quire, as a condition of any provision, initial au20 thorization, or authorization renewal for a pro21 vider of direct broadcast satellite service pro22 viding video programming, that the provider of 

23 such service reserve a portion of its channel ca24 pacity, equal to not less than 4 percent nor 

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1 commercial programming of an educational or 

2 informational nature. 

3 ‘‘(B) REQUIREMENT FOR QUALIFIED SAT4 ELLITE PROVIDER.—The Commission shall re5 quire, as a condition of any provision, initial au6 thorization, or authorization renewal for a 

7 qualified satellite provider of direct broadcast 

8 satellite service providing video programming, 

9 that such provider reserve a portion of its chan10 nel capacity, equal to not less than 3.5 percent 

11 nor more than 7 percent, exclusively for non12 commercial programming of an educational or 

13 informational nature.’’; 

14 (3) in paragraph (5), by striking ‘‘For purposes 

15 of the subsection—’’ and inserting ‘‘For purposes of 

16 this subsection:’’; and 

17 (4) by adding at the end of paragraph (5) the 

18 following: 

19 ‘‘(C) The term ‘qualified satellite provider’ 

20 means any provider of direct broadcast satellite 

21 service that— 

22 ‘‘(i) provides the retransmission of the 

23 State public affairs networks of at least 15 

24 different States; 


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1 ‘‘(ii) offers the programming of State 

2 public affairs networks upon reasonable 

3 prices, terms, and conditions as determined 

4 by the Commission under paragraph (4); 

5 and 

6 ‘‘(iii) does not delete any noncommer7 cial programming of an educational or in8 formational nature in connection with the 

9 carriage of a State public affairs network. 

10 ‘‘(D) The term ‘State public affairs net11 work’ means a non-commercial non-broadcast 

12 network or a noncommercial educational tele13 vision station— 

14 ‘‘(i) whose programming consists of 

15 information about State government delib16 erations and public policy events; and 

17 ‘‘(ii) that is operated by— 

18 ‘‘(I) a State government or sub19 division thereof; 

20 ‘‘(II) an organization described 

21 in section 501(c)(3) of the Internal 

22 Revenue Code of 1986 that is exempt 

23 from taxation under section 501(a) of 

24 such Code and that is governed by an 

25 independent board of directors; or 


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1 ‘‘(III) a cable system.’’. 

2 TITLE III—REPORTS AND 

3 SAVINGS PROVISION 

4 SEC. 301. DEFINITION. 

5 In this title, the term ‘‘appropriate Congressional 

6 committees’’ means the Committees on the Judiciary and 

7 on Commerce, Science, and Transportation of the Senate 

8 and the Committees on the Judiciary and on Energy and 

9 Commerce of the House of Representatives. 

10 SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO 

11 STATUTORY LICENSING. 

12 Not later than 18 months after the date of the enact13 ment of this Act, and after consultation with the Federal 

14 Communications Commission, the Register of Copyrights 

15 shall submit to the appropriate Congressional committees 

16 a report containing— 

17 (1) proposed mechanisms, methods, and rec18 ommendations on how to implement a phase-out of 

19 the statutory licensing requirements set forth in sec20 tions 111, 119, and 122 of title 17, United States 

21 Code, by making such sections inapplicable to the 

22 secondary transmission of a performance or display 

23 of a work embodied in a primary transmission of a 

24 broadcast station that is authorized to license the 

25 same secondary transmission directly with respect to 


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1 all of the performances and displays embodied in 

2 such primary transmission; 

3 (2) any recommendations for alternative means 

4 to implement a timely and effective phase-out of the 

5 statutory licensing requirements set forth in sections 

6 111, 119, and 122 of title 17, United States Code; 

7 and 

8 (3) any recommendations for legislative or ad9 ministrative actions as may be appropriate to 

10 achieve such a phase-out. 

11 SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF 

12 STATUTORY LICENSING MODIFICATIONS. 

13 (a) STUDY.—The Comptroller General shall conduct 

14 a study that analyzes and evaluates the changes to the 

15 carriage requirements currently imposed on multichannel 

16 video programming distributors under the Communica17 tions Act of 1934 (47 U.S.C. 151 et seq.) and the regula18 tions promulgated by the Federal Communications Com19 mission that would be required or beneficial to consumers, 

20 and such other matters as the Comptroller General deems 

21 appropriate, if Congress implemented a phase-out of the 

22 current statutory licensing requirements set forth under 

23 sections 111, 119, and 122 of title 17, United States 

24 Code. Among other things, the study shall consider the 

25 impact such a phase-out and related changes to carriage 


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1 requirements would have on consumer prices and access 

2 to programming. 

3 (b) REPORT.—Not later than 18 months after the 

4 date of the enactment of this Act, the Comptroller General 

5 shall report to the appropriate Congressional committees 

6 the results of the study, including any recommendations 

7 for legislative or administrative actions. 

8 SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAM9 MING. 

10 Not later than 18 months after the date of the enact11 ment of this Act, the Federal Communications Commis12 sion shall submit to the appropriate Congressional com13 mittees a report containing an analysis of— 

14 (1) the number of households in a State that 

15 receive the signals of local broadcast stations as16 signed to a community of license that is located in 

17 a different State; 

18 (2) the extent to which consumers in each local 

19 market have access to in-state broadcast program20 ming over the air or from a multichannel video pro21 gramming distributor; and 

22 (3) whether there are alternatives to the use of 

23 designated market areas, as defined in section 122 

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1 kets that would provide more consumers with in2 state broadcast programming. 

3 SEC. 305. LOCAL NETWORK CHANNEL BROADCAST RE4 PORTS. 

5 (a) REQUIREMENT.— 

6 (1) IN GENERAL.—On the 270th day after the 

7 date of the enactment of this Act, and on each suc8 ceeding anniversary of such 270th day, each satellite 

9 carrier shall submit an annual report to the Federal 

10 Communications Commission setting forth— 

11 (A) each local market in which it— 

12 (i) retransmits signals of 1 or more 

13 television broadcast stations with a com14 munity of license in that market; 

15 (ii) has commenced providing such 

16 signals in the preceding 1-year period; and 

17 (iii) has ceased to provide such signals 

18 in the preceding 1-year period; and 

19 (B) detailed information regarding the use 

20 and potential use of satellite capacity for the re21 transmission of local signals in each local mar22 ket. 

23 (2) TERMINATION.—The requirement under 

24 paragraph (1) shall cease after each satellite carrier 

25 has submitted 5 reports under such paragraph. 


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1 (b) FCC STUDY; REPORT.— 

2 (1) STUDY.—If no satellite carrier files a re3 quest for a certification under section 342 of the 

4 Communications Act of 1934 (as added by section 

5 206 of this title) within 270 days after the date of 

6 the enactment of this Act, the Federal Communica7 tions Commission shall initiate a study of— 

8 (A) incentives that would induce a satellite 

9 carrier to provide the signals of 1 or more tele10 vision broadcast stations licensed to provide sig11 nals in local markets in which the satellite car12 rier does not provide such signals; and 

13 (B) the economic and satellite capacity 

14 conditions affecting delivery of local signals by 

15 satellite carriers to these markets. 

16 (2) REPORT.—Within 1 year after the date of 

17 the initiation of the study under paragraph (1), the 

18 Federal Communications Commission shall submit a 

19 report to the appropriate Congressional committees 

20 containing its findings, conclusions, and rec21 ommendations. 

22 (c) DEFINITIONS.—In this section— 

23 (1) the terms ‘‘local market’’ and ‘‘satellite car24 rier’’ have the meaning given such terms in section 


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1 339(d) of the Communications Act of 1934 (47 

2 U.S.C. 339(d)); and 

3 (2) the term ‘‘television broadcast station’’ has 

4 the meaning given such term in section 325(b)(7) of 

5 such Act (47 U.S.C. 325(b)(7)). 

6 SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGO7 TIATED LICENSES. 

8 (a) IN GENERAL.—Nothing in this Act, title 17, 

9 United States Code, the Communications Act of 1934, 

10 regulations promulgated by the Register of Copyrights 

11 under this title or title 17, United States Code, or regula12 tions promulgated by the Federal Communications Com13 mission under this Act or the Communications Act of 

14 1934 shall be construed to prevent a multichannel video 

15 programming distributor from retransmitting a perform16 ance or display of a work pursuant to an authorization 

17 granted by the copyright owner or, if within the scope of 

18 its authorization, its licensee. 

19 (b) LIMITATION.—Nothing in subsection (a) shall be 

20 construed to affect any obligation of a multichannel video 

21 programming distributor under section 325(b) of the 

22 Communications Act of 1934 to obtain the authority of 

23 a television broadcast station before retransmitting that 

24 station’s signal. 


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1 SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPY2 RIGHT. 

3 (a) EFFECTIVE DATE.—Unless specifically provided 

4 otherwise, this Act, and the amendments made by this 

5 Act, shall take effect on February 27, 2010, and with the 

6 exception of the reference in subsection (b), all references 

7 to the date of enactment of this Act shall be deemed to 

8 refer to February 27, 2010, unless otherwise specified. 

9 (b) NONINFRINGEMENT OF COPYRIGHT.—The sec10 ondary transmission of a performance or display of a work 

11 embodied in a primary transmission is not an infringe12 ment of copyright if it was made by a satellite carrier on 

13 or after February 27, 2010, and prior to enactment of 

14 this Act, and was in compliance with the law as in exist15 ence on February 27, 2010. 

16 TITLE IV—SEVERABILITY 

17 SEC. 401. SEVERABILITY. 

18 If any provision of this Act, an amendment made by 

19 this Act, or the application of such provision or amend20 ment to any person or circumstance is held to be unconsti21 tutional, the remainder of this Act, the amendments made 

22 by this Act, and the application of such provision or 

23 amendment to any person or circumstance shall not be af24 fected thereby. 


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1 TITLE V—DETERMINATION OF 

2 BUDGETARY EFFECTS 

3 SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 

4 (a) IN GENERAL.—The budgetary effects of this Act, 

5 for the purpose of complying with the Statutory Pay-As6 You-Go-Act of 2010, shall be determined by reference to 

7 the latest statement titled ‘‘Budgetary Effects of PAYGO 

8 Legislation’’ for this Act, submitted for printing in the 

9 Congressional Record by the Chairman of the Senate 

10 Budget Committee, provided that such statement has been 

11 submitted prior to the vote on passage. 

Æ 


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