111TH CONGRESS 

2D SESSION S. 3191 

AN ACT 

To reauthorize the Satellite Home Viewer Extension and 

Reauthorization Act of 2004, 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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Satellite Televison Extension and Localism Act of 2010’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—STATUTORY LICENSES 

Sec. 101. Reference. 

Sec. 102. Modifications to statutory license for satellite carriers. 

Sec. 103. Modifications to statutory license for satellite carriers in local markets. 

Sec. 104. Modifications to cable system secondary transmission rights under 

section 111. 

Sec. 105. Certain waivers granted to providers of local-into-local service for all 

DMAs. 

Sec. 106. Copyright Office fees. 

Sec. 107. Termination of license. 

Sec. 108. Construction. 

TITLE II—COMMUNICATIONS PROVISIONS 

Sec. 201. Reference. 

Sec. 202. Extension of authority. 

Sec. 203. Significantly viewed stations. 

Sec. 204. Digital television transition conforming amendments. 

Sec. 205. Application pending completion of rulemakings. 

Sec. 206. Process for 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. 
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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. 

7 SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 

8 SATELLITE CARRIERS. 

9 (a) HEADING RENAMED.— 

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

11 is amended by striking ‘‘superstations and net12 work stations for private home viewing’’ 

13 and inserting ‘‘distant television program14 ming by satellite’’. 

15 (2) TABLE OF CONTENTS.—The table of con16 tents for chapter 1 is amended by striking the item 

17 relating to section 119 and inserting the following: 

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

18 (b) UNSERVED HOUSEHOLD DEFINED.— 

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

20 amended— 

21 (A) by striking subparagraph (A) and in22 serting the following: 

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

24 antenna, an over-the-air signal containing the 
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1 primary stream, or, on or after the qualifying 

2 date, the multicast stream, originating in that 

3 household’s local market and affiliated with 

4 that network of— 

5 ‘‘(i) if the signal originates as an ana6 log signal, Grade B intensity as defined by 

7 the Federal Communications Commission 

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

9 Federal Regulations, as in effect on Janu10 ary 1, 1999; or 

11 ‘‘(ii) if the signal originates as a dig12 ital signal, intensity defined in the values 

13 for the digital television noise-limited serv14 ice contour, as defined in regulations 

15 issued by the Federal Communications 

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

17 Code of Federal Regulations), as such reg18 ulations may be amended from time to 

19 time;’’; 

20 (B) in subparagraph (B)— 

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

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

23 (ii) by striking ‘‘Satellite Home View24 er Extension and Reauthorization Act of 
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1 2004’’ and inserting ‘‘Satellite Television 

2 Extension and Localism Act of 2010’’; and 

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

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

5 (2) QUALIFYING DATE DEFINED.—Section 

6 119(d) is amended by adding at the end the fol7 lowing: 

8 ‘‘(14) QUALIFYING DATE.—The term ‘quali9 fying date’, for purposes of paragraph (10)(A), 

10 means— 

11 ‘‘(A) July 1, 2010, for multicast streams 

12 that exist on December 31, 2009; and 

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

14 multicast streams.’’. 

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

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

17 after the semicolon at the end; 

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

19 and inserting ‘‘; and’’; and 

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

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

22 Register of Copyrights pursuant to section 

23 708(a).’’. 
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1 (d) DEPOSIT OF STATEMENTS AND FEES; 

2 VERIFICATION PROCEDURES.—Section 119(b) is amend3 ed— 

4 (1) by amending the subsection heading to read 

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

6 FEES; VERIFICATION PROCEDURES.—’’; 

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

8 (B) and inserting the following: 

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

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

11 month period, computed by multiplying the 

12 total number of subscribers receiving each sec13 ondary transmission of a primary stream or 

14 multicast stream of each non-network station or 

15 network station during each calendar year 

16 month by the appropriate rate in effect under 

17 this subsection; and’’; 

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

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

20 (4) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE

23 PAYMENTS.—The Register of Copyrights shall issue 

24 regulations to permit interested parties to verify and 

25 audit the statements of account and royalty fees 
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1 submitted by satellite carriers under this sub2 section.’’; 

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

4 first sentence— 

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

6 specified in paragraph (1)(C))’’ after ‘‘shall re7 ceive all fees’’; and 

8 (B) by striking ‘‘paragraph (4)’’ and in9 serting ‘‘paragraph (5)’’; 

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

11 (A) by striking ‘‘paragraph (2)’’ and in12 serting ‘‘paragraph (3)’’; and 

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

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

15 (7) in paragraph (5), as redesignated, by strik16 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 

17 (e) ADJUSTMENT OF ROYALTY FEES.—Section 

18 119(c) is amended as follows: 

19 (1) Paragraph (1) is amended— 

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

21 striking ‘‘ANALOG’’; 

22 (B) in subparagraph (A)— 

23 (i) by striking ‘‘primary analog trans24 missions’’ and inserting ‘‘primary trans25 missions’’; and 
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1 (ii) by striking ‘‘July 1, 2004’’ and in2 serting ‘‘July 1, 2009’’; 

3 (C) in subparagraph (B)— 

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

5 Librarian of Congress’’ and inserting 

6 ‘‘May 1, 2010, the Copyright Royalty 

7 Judges’’; and 

8 (ii) by striking ‘‘primary analog trans9 mission’’ and inserting ‘‘primary trans10 missions’’; 

11 (D) in subparagraph (C), by striking ‘‘Li12 brarian of Congress’’ and inserting ‘‘Copyright 

13 Royalty Judges’’; 

14 (E) in subparagraph (D)— 

15 (i) in clause (i)— 

16 (I) by striking ‘‘(i) Voluntary 

17 agreements’’ and inserting the fol18 lowing: 

19 ‘‘(i) VOLUNTARY AGREEMENTS; FIL20 ING.—Voluntary agreements’’; and 

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

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

23 (ii) in clause (ii)— 

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

25 and inserting the following: 
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1 ‘‘(ii) PROCEDURE FOR ADOPTION OF

2 FEES.— 

3 ‘‘(I) PUBLICATION OF NOTICE.— 

4 Within’’; 

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

6 ‘‘an arbitration proceeding pursuant 

7 to subparagraph (E)’’ and inserting 

8 ‘‘a proceeding under subparagraph 

9 (F)’’; 

10 (III) in subclause (II), by strik11 ing ‘‘(II) Upon receiving a request 

12 under subclause (I), the Librarian of 

13 Congress’’ and inserting the following: 

14 ‘‘(II) PUBLIC NOTICE OF

15 FEES.—Upon receiving a request 

16 under subclause (I), the Copyright 

17 Royalty Judges’’; and 

18 (IV) in subclause (III)— 

19 (aa) by striking ‘‘(III) The 

20 Librarian’’ and inserting the fol21 lowing: 

22 ‘‘(III) ADOPTION OF FEES.—The 

23 Copyright Royalty Judges’’; 

24 (bb) by striking ‘‘an arbitra25 tion proceeding’’ and inserting 
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1 ‘‘the proceeding under subpara2 graph (F)’’; and 

3 (cc) by striking ‘‘the arbitra4 tion proceeding’’ and inserting 

5 ‘‘that proceeding’’; 

6 (F) in subparagraph (E)— 

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

8 inserting ‘‘Copyright Royalty Judges’’; and 

9 (ii) by striking ‘‘April 30, 2010’’ and 

10 inserting ‘‘December 31, 2020’’; and 

11 (G) in subparagraph (F)— 

12 (i) in the heading, by striking ‘‘COM13 PULSORY ARBITRATION’’ and inserting 

14 ‘‘COPYRIGHT ROYALTY JUDGES PRO15 CEEDING’’; 

16 (ii) in clause (i)— 

17 (I) in the heading, by striking 

18 ‘‘PROCEEDINGS’’ and inserting ‘‘THE

19 PROCEEDING’’; 

20 (II) in the matter preceding sub21 clause (I)— 

22 (aa) by striking ‘‘May 1, 

23 2005, the Librarian of Congress’’ 

24 and inserting ‘‘July 1, 2010, the 

25 Copyright Royalty Judges’’; 
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1 (bb) by striking ‘‘arbitration 

2 proceedings’’ and inserting ‘‘a 

3 proceeding’’; 

4 (cc) by striking ‘‘fee to be 

5 paid’’ and inserting ‘‘fees to be 

6 paid’’; 

7 (dd) by striking ‘‘primary 

8 analog transmission’’ and insert9 ing ‘‘the primary transmissions’’; 

10 and 

11 (ee) by striking ‘‘distribu12 tors’’ and inserting ‘‘distribu13 tors—’’; 

14 (III) in subclause (II)— 

15 (aa) by striking ‘‘Librarian 

16 of Congress’’ and inserting 

17 ‘‘Copyright Royalty Judges’’; and 

18 (bb) by striking ‘‘arbitra19 tion’’; and 

20 (IV) by amending the last sen21 tence to read as follows: ‘‘Such pro22 ceeding shall be conducted under 

23 chapter 8.’’; 
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1 (iii) in clause (ii), by amending the 

2 matter preceding subclause (I) to read as 

3 follows: 

4 ‘‘(ii) ESTABLISHMENT OF ROYALTY

5 FEES.—In determining royalty fees under 

6 this subparagraph, the Copyright Royalty 

7 Judges shall establish fees for the sec8 ondary transmissions of the primary trans9 missions of network stations and non-net10 work stations that most clearly represent 

11 the fair market value of secondary trans12 missions, except that the Copyright Roy13 alty Judges shall adjust royalty fees to ac14 count for the obligations of the parties 

15 under any applicable voluntary agreement 

16 filed with the Copyright Royalty Judges in 

17 accordance with subparagraph (D). In de18 termining the fair market value, the 

19 Judges shall base their decision on eco20 nomic, competitive, and programming in21 formation presented by the parties, includ22 ing—’’; 

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

24 as follows: 
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1 ‘‘(iii) EFFECTIVE DATE FOR DECISION

2 OF COPYRIGHT ROYALTY JUDGES.—The 

3 obligation to pay the royalty fees estab4 lished under a determination that is made 

5 by the Copyright Royalty Judges in a pro6 ceeding under this paragraph shall be ef7 fective as of January 1, 2010.’’; and 

8 (v) in clause (iv)— 

9 (I) in the heading, by striking 

10 ‘‘FEE’’ and inserting ‘‘FEES’’; and 

11 (II) by striking ‘‘fee referred to 

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

13 to in clause (iii)’’. 

14 (2) Paragraph (2) is amended to read as fol15 lows: 

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

17 Effective January 1 of each year, the royalty fee 

18 payable under subsection (b)(1)(B) for the sec19 ondary transmission of the primary transmissions of 

20 network stations and non-network stations shall be 

21 adjusted by the Copyright Royalty Judges to reflect 

22 any changes occurring in the cost of living as deter23 mined by the most recent Consumer Price Index (for 

24 all consumers and for all items) published by the 

25 Secretary of Labor before December 1 of the pre-
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1 ceding year. Notification of the adjusted fees shall 

2 be published in the Federal Register at least 25 days 

3 before January 1.’’. 

4 (f) DEFINITIONS.— 

5 (1) SUBSCRIBER.—Section 119(d)(8) is amend6 ed to read as follows: 

7 ‘‘(8) SUBSCRIBER; SUBSCRIBE.— 

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

9 means a person or entity that receives a sec10 ondary transmission service from a satellite car11 rier and pays a fee for the service, directly or 

12 indirectly, to the satellite carrier or to a dis13 tributor. 

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

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

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

17 amended to read as follows: 

18 ‘‘(11) LOCAL MARKET.—The term ‘local mar19 ket’ has the meaning given such term under section 

20 122(j).’’. 

21 (3) LOW POWER TELEVISION STATION.—Sec22 tion 119(d) is amended by striking paragraph (12) 

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

24 paragraphs (12) and (13), respectively. 
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1 (4) MULTICAST STREAM.—Section 119(d), as 

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

3 adding at the end the following new paragraph: 

4 ‘‘(14) MULTICAST STREAM.—The term 

5 ‘multicast stream’ means a digital stream containing 

6 programming and program-related material affili7 ated with a television network, other than the pri8 mary stream.’’. 

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

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

11 adding at the end the following new paragraph: 

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

13 stream’ means— 

14 ‘‘(A) the single digital stream of program15 ming as to which a television broadcast station 

16 has the right to mandatory carriage with a sat17 ellite carrier under the rules of the Federal 

18 Communications Commission in effect on July 

19 1, 2009; or 

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

21 subparagraph (A), then either— 

22 ‘‘(i) the single digital stream of pro23 gramming associated with the network last 

24 transmitted by the station as an analog 

25 signal; or 
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1 ‘‘(ii) if there is no stream described in 

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

3 programming affiliated with the network 

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

5 by the television broadcast station for the 

6 longest period of time.’’. 

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

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

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

10 (g) SUPERSTATION REDESIGNATED AS NON-NET11 WORK STATION.—Section 119 is amended— 

12 (1) by striking ‘‘superstation’’ each place it ap13 pears in a heading and each place it appears in text 

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

15 (2) by striking ‘‘superstations’’ each place it ap16 pears in a heading and each place it appears in text 

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

18 (h) REMOVAL OF CERTAIN PROVISIONS.— 

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

20 is amended— 

21 (A) in paragraph (2), by striking subpara22 graph (C) and redesignating subparagraph (D) 

23 as subparagraph (C); 
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1 (B) by striking paragraph (3) and redesig2 nating paragraphs (4) through (14) as para3 graphs (3) through (13), respectively; and 

4 (C) by striking paragraph (15) and redes5 ignating paragraph (16) as paragraph (14). 

6 (2) CONFORMING AMENDMENTS.—Section 119 

7 is amended— 

8 (A) in subsection (a)— 

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

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

11 (7)’’; 

12 (ii) in paragraph (2)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘subparagraphs (B) and (C) of 

15 this paragraph and paragraphs (5), 

16 (6), (7), and (8)’’ and inserting ‘‘sub17 paragraph (B) of this paragraph and 

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

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

20 striking the second sentence; and 

21 (III) in subparagraph (C) (as re22 designated), by striking clauses (i) 

23 and (ii) and inserting the following: 

24 ‘‘(i) INITIAL LISTS.—A satellite car25 rier that makes secondary transmissions of 
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1 a primary transmission made by a network 

2 station pursuant to subparagraph (A) 

3 shall, not later than 90 days after com4 mencing such secondary transmissions, 

5 submit to the network that owns or is af6 filiated with the network station a list 

7 identifying (by name and address, includ8 ing street or rural route number, city, 

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

10 to which the satellite carrier makes sec11 ondary transmissions of that primary 

12 transmission to subscribers in unserved 

13 households. 

14 ‘‘(ii) MONTHLY LISTS.—After the sub15 mission of the initial lists under clause (i), 

16 the satellite carrier shall, not later than 

17 the 15th of each month, submit to the net18 work a list, aggregated by designated mar19 ket area, identifying (by name and ad20 dress, including street or rural route num21 ber, city, State, and 9-digit zip code) any 

22 persons who have been added or dropped 

23 as subscribers under clause (i) since the 

24 last submission under this subparagraph.’’; 

25 and 
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1 (iii) in subparagraph (E) of para2 graph (3) (as redesignated)— 

3 (I) by striking ‘‘under paragraph 

4 (3) or’’; and 

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

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

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

8 final sentence. 

9 (i) MODIFICATIONS TO PROVISIONS FOR SECONDARY

10 TRANSMISSIONS BY SATELLITE CARRIERS.— 

11 (1) PREDICTIVE MODEL.—Section 

12 119(a)(2)(B)(ii) is amended by adding at the end 

13 the following: 

14 ‘‘(III) ACCURATE PREDICTIVE

15 MODEL WITH RESPECT TO DIGITAL

16 SIGNALS.—Notwithstanding subclause 

17 (I), in determining presumptively 

18 whether a person resides in an 

19 unserved household under subsection 

20 (d)(10)(A) with respect to digital sig21 nals, a court shall rely on a predictive 

22 model set forth by the Federal Com23 munications Commission pursuant to 

24 a rulemaking as provided in section 

25 339(c)(3) of the Communications Act 
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1 of 1934 (47 U.S.C. 339(c)(3)), as 

2 that model may be amended by the 

3 Commission over time under such sec4 tion to increase the accuracy of that 

5 model. Until such time as the Com6 mission sets forth such model, a court 

7 shall rely on the predictive model as 

8 recommended by the Commission with 

9 respect to digital signals in its Report 

10 to Congress in ET Docket No. 05– 

11 182, FCC 05–199 (released December 

12 9, 2005).’’. 

13 (2) MODIFICATIONS TO STATUTORY LICENSE

14 WHERE RETRANSMISSIONS INTO LOCAL MARKET

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

16 amended— 

17 (A) by striking ‘‘analog’’ each place it ap18 pears in a heading and text; 

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

20 and (D), and inserting the following: 

21 ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS

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

23 the case of a subscriber of a satellite carrier 

24 who, on the day before the date of the enact25 ment of the Satellite Television Extension and 
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1 Localism Act of 2010, was lawfully receiving 

2 the secondary transmission of the primary 

3 transmission of a network station under the 

4 statutory license under paragraph (2) (in this 

5 subparagraph referred to as the ‘distant sig6 nal’), other than subscribers to whom subpara7 graph (A) applies, the statutory license under 

8 paragraph (2) shall apply to secondary trans9 missions by that satellite carrier to that sub10 scriber of the distant signal of a station affili11 ated with the same television network, and the 

12 subscriber’s household shall continue to be con13 sidered to be an unserved household with re14 spect to such network, until such time as the 

15 subscriber elects to terminate such secondary 

16 transmissions, whether or not the subscriber 

17 elects to subscribe to receive the secondary 

18 transmission of the primary transmission of a 

19 local network station affiliated with the same 

20 network pursuant to the statutory license under 

21 section 122. 

22 ‘‘(C) FUTURE APPLICABILITY.— 

23 ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE

24 AT TIME OF SUBSCRIPTION.—The statu25 tory license under paragraph (2) shall not 
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1 apply to the secondary transmission by a 

2 satellite carrier of the primary trans3 mission of a network station to a person 

4 who is not a subscriber lawfully receiving 

5 such secondary transmission as of the date 

6 of the enactment of the Satellite Television 

7 Extension and Localism Act of 2010 and, 

8 at the time such person seeks to subscribe 

9 to receive such secondary transmission, re10 sides in a local market where the satellite 

11 carrier makes available to that person the 

12 secondary transmission of the primary 

13 transmission of a local network station af14 filiated with the same network pursuant to 

15 the statutory license under section 122. 

16 ‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE

17 AFTER SUBSCRIPTION.—In the case of a 

18 subscriber who lawfully subscribes to and 

19 receives the secondary transmission by a 

20 satellite carrier of the primary trans21 mission of a network station under the 

22 statutory license under paragraph (2) (in 

23 this clause referred to as the ‘distant sig24 nal’) on or after the date of the enactment 

25 of the Satellite Television Extension and 
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1 Localism Act of 2010, the statutory license 

2 under paragraph (2) shall apply to sec3 ondary transmissions by that satellite car4 rier to that subscriber of the distant signal 

5 of a station affiliated with the same tele6 vision network, and the subscriber’s house7 hold shall continue to be considered to be 

8 an unserved household with respect to such 

9 network, until such time as the subscriber 

10 elects to terminate such secondary trans11 missions, but only if such subscriber sub12 scribes to the secondary transmission of 

13 the primary transmission of a local net14 work station affiliated with the same net15 work within 60 days after the satellite car16 rier makes available to the subscriber such 

17 secondary transmission of the primary 

18 transmission of such local network sta19 tion.’’; 

20 (C) by redesignating subparagraphs (E), 

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

22 (F), respectively; 

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

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

25 (C)’’; and 
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1 (E) in subparagraph (F) (as redesignated), 

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

3 (3) STATUTORY DAMAGES FOR TERRITORIAL

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

5 is amended— 

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

7 ‘‘$5’’ and inserting ‘‘$250’’; 

8 (B) in subparagraph (B)— 

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

10 ‘‘$250,000 for each 6-month period’’ and 

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

12 period’’; and 

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

14 ‘‘$250,000’’ and inserting ‘‘$2,500,000’’; 

15 and 

16 (C) by adding at the end the following 

17 flush sentences: 

18 ‘‘The court shall direct one half of any statu19 tory damages ordered under clause (i) to be de20 posited with the Register of Copyrights for dis21 tribution to copyright owners pursuant to sub22 section (b). The Copyright Royalty Judges shall 

23 issue regulations establishing procedures for 

24 distributing such funds, on a proportional basis, 

25 to copyright owners whose works were included 
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1 in the secondary transmissions that were the 

2 subject of the statutory damages.’’. 

3 (4) TECHNICAL AMENDMENT.—Section 

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

5 ‘‘and 509’’. 

6 (5) CLERICAL AMENDMENT.—Section 

7 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 

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

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

10 amended by striking ‘‘April 30, 2010’’ and inserting ‘‘De11 cember 31, 2020’’. 

12 (k) CLERICAL AMENDMENTS.—Section 119 is 

13 amended— 

14 (1) by striking ‘‘of the Code of Federal Regula15 tions’’ each place it appears and inserting ‘‘, Code 

16 of Federal Regulations’’; and 

17 (2) in subsection (d)(6), by striking ‘‘or the Di18 rect’’ and inserting ‘‘, or the Direct’’. 

19 SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 

20 SATELLITE CARRIERS IN LOCAL MARKETS. 

21 (a) HEADING RENAMED.— 

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

23 is amended by striking ‘‘by satellite carriers 

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

25 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 
28 

†S 3191 ES

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.— 
29 

†S 3191 ES

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 
30 

†S 3191 ES

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 
31 

†S 3191 ES

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 
32 

†S 3191 ES

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 
33 

†S 3191 ES

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 
34 

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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 coun-
35 

†S 3191 ES

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 
36 

†S 3191 ES

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 
37 

†S 3191 ES

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 
38 

†S 3191 ES

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)— 
39 

†S 3191 ES

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 pro-
40 

†S 3191 ES

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; 
41 

†S 3191 ES

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. 
42 

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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 
43 

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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— 
44 

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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
45 

†S 3191 ES

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 on or after January 

25 1, 2010, in order that the auditor designated under 
46 

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1 subparagraph (A) is able to confirm the correctness 

2 of the calculations and royalty payments reported 

3 therein. The regulations shall— 

4 ‘‘(A) establish procedures for the designa5 tion of a qualified independent auditor— 

6 ‘‘(i) with exclusive authority to re7 quest verification of such a statement of 

8 account on behalf of all copyright owners 

9 whose works were the subject of secondary 

10 transmissions of primary transmissions by 

11 the cable system (that deposited the state12 ment) during the accounting period cov13 ered by the statement; and 

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

15 or agent of any such copyright owner for 

16 any purpose other than such audit; 

17 ‘‘(B) establish procedures for safeguarding 

18 all non-public financial and business informa19 tion provided under this paragraph; 

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

21 the independent auditor to review its conclu22 sions with a designee of the cable system; 

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

24 system to remedy any errors identified in the 
47 

†S 3191 ES

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 
48 

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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: 
49 

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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 
50 

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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. 
51 

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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 
52 

†S 3191 ES

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 

25 where full-time carriage is not possible be-
53 

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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 

25 a primary stream of a television broadcast sta-
54 

†S 3191 ES

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 
56 

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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, 

24 between a cable system or an association rep25 resenting the cable system and a primary trans-
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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 mar-
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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 request for a waiver of the in19 junction; and 

20 ‘‘(iii) a certification issued pursuant 

21 to section 342(a) of Communications Act 

22 of 1934. 

23 ‘‘(B) GRANT OF RECOGNITION AS A QUALI24 FIED CARRIER.—Upon receipt of a statement of 

25 eligibility, the court shall recognize the entity as 
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1 a qualified carrier and issue the waiver under 

2 paragraph (1). 

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

4 time, an entity recognized as a qualified carrier 

5 may file a statement of voluntary termination 

6 with the court certifying that it no longer wish7 es to be recognized as a qualified carrier. Upon 

8 receipt of such statement, the court shall rein9 state the injunction waived under paragraph 

10 (1). 

11 ‘‘(D) LOSS OF RECOGNITION PREVENTS

12 FUTURE RECOGNITION.—No entity may be rec13 ognized as a qualified carrier if such entity had 

14 previously been recognized as a qualified carrier 

15 and subsequently lost such recognition or volun16 tarily terminated such recognition under sub17 paragraph (C). 

18 ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND

19 COMPLIANCE.— 

20 ‘‘(A) CONTINUING OBLIGATIONS.— 

21 ‘‘(i) IN GENERAL.—An entity recog22 nized as a qualified carrier shall continue 

23 to provide local-into-local service to all 

24 DMAs. 
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1 ‘‘(ii) COOPERATION WITH GAO EXAM2 INATION.—An entity recognized as a quali3 fied carrier shall fully cooperate with the 

4 Comptroller General in the examination re5 quired by subparagraph (B). 

6 ‘‘(B) QUALIFIED CARRIER COMPLIANCE

7 EXAMINATION.— 

8 ‘‘(i) EXAMINATION AND REPORT.— 

9 The Comptroller General shall conduct an 

10 examination and publish a report con11 cerning the qualified carrier’s compliance 

12 with the royalty payment and household 

13 eligibility requirements of the license under 

14 this section. The report shall address the 

15 qualified carrier’s conduct during the pe16 riod beginning on the date on which the 

17 qualified carrier is recognized as such 

18 under paragraph (3)(B) and ending on De19 cember 31, 2011. 

20 ‘‘(ii) RECORDS OF QUALIFIED CAR21 RIER.—Beginning on the date that is one 

22 year after the date on which the qualified 

23 carrier is recognized as such under para24 graph (3)(B), but not later than October 

25 1, 2011, the qualified carrier shall provide 
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1 the Comptroller General with all records 

2 that the Comptroller General, in consulta3 tion with the Register of Copyrights, con4 siders to be directly pertinent to the fol5 lowing requirements under this section: 

6 ‘‘(I) Proper calculation and pay7 ment of royalties under the statutory 

8 license under this section. 

9 ‘‘(II) Provision of service under 

10 this license to eligible subscribers 

11 only. 

12 ‘‘(iii) SUBMISSION OF REPORT.—The 

13 Comptroller General shall file the report 

14 required by clause (i) not later than March 

15 1, 2012, with the court referred to in para16 graph (1) that issued the injunction, the 

17 Register of Copyrights, the Committees on 

18 the Judiciary and on Energy and Com19 merce of the House of Representatives, 

20 and the Committees on the Judiciary and 

21 on Commerce, Science, and Transportation 

22 of the Senate. 

23 ‘‘(iv) EVIDENCE OF INFRINGEMENT.— 

24 The Comptroller General shall include in 

25 the report a statement of whether the ex-
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1 amination by the Comptroller General indi2 cated that there is substantial evidence 

3 that a copyright holder could bring a suc4 cessful action under this section against 

5 the qualified carrier for infringement. The 

6 Comptroller General shall consult with the 

7 Register of Copyrights in preparing such 

8 statement. 

9 ‘‘(v) SUBSEQUENT EXAMINATION.—If 

10 the report includes the Comptroller Gen11 eral’s statement that there is substantial 

12 evidence that a copyright holder could 

13 bring a successful action under this section 

14 against the qualified carrier for infringe15 ment, the Comptroller General shall, not 

16 later than 6 months after the report under 

17 clause (i) is published, initiate another ex18 amination of the qualified carrier’s compli19 ance with the royalty payment and house20 hold eligibility requirements of the license 

21 under this section since the last report was 

22 filed under clause (iii). The Comptroller 

23 General shall file a report on such exam24 ination with the court referred to in para25 graph (1) that issued the injunction, the 
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1 Register of Copyrights, the Committees on 

2 the Judiciary and on Energy and Com3 merce of the House of Representatives, 

4 and the Committees on the Judiciary and 

5 on Commerce, Science, and Transportation 

6 of the Senate. The report shall include a 

7 statement described in clause (iv), pre8 pared in consultation with the Register of 

9 Copyrights. 

10 ‘‘(vi) COMPLIANCE.—Upon motion 

11 filed by an aggrieved copyright owner, the 

12 court recognizing an entity as a qualified 

13 carrier shall terminate such designation 

14 upon finding that the entity has failed to 

15 cooperate with the examinations required 

16 by this subparagraph. 

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

18 shall file an affidavit with the district court and 

19 the Register of Copyrights 30 months after 

20 such status was granted stating that, to the 

21 best of the affiant’s knowledge, it is in compli22 ance with the requirements for a qualified car23 rier. 

24 ‘‘(D) COMPLIANCE DETERMINATION.— 

25 Upon the motion of an aggrieved television 
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1 broadcast station, the court recognizing an enti2 ty as a qualified carrier may make a determina3 tion of whether the entity is providing local4 into-local service to all DMAs. 

5 ‘‘(E) PLEADING REQUIREMENT.—In any 

6 motion brought under subparagraph (D), the 

7 party making such motion shall specify one or 

8 more designated market areas (as such term is 

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

10 failure to provide service is being alleged, and, 

11 for each such designated market area, shall 

12 plead with particularity the circumstances of 

13 the alleged failure. 

14 ‘‘(F) BURDEN OF PROOF.—In any pro15 ceeding to make a determination under sub16 paragraph (D), and with respect to a des17 ignated market area for which failure to provide 

18 service is alleged, the entity recognized as a 

19 qualified carrier shall have the burden of prov20 ing that the entity provided local-into-local serv21 ice with a good quality satellite signal to at 

22 least 90 percent of the households in such des23 ignated market area (based on the most recent 

24 census data released by the United States Cen25 sus Bureau) at the time and place alleged. 
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1 ‘‘(5) FAILURE TO PROVIDE SERVICE.— 

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

3 an entity as a qualified carrier finds that such 

4 entity has willfully failed to provide local-into5 local service to all DMAs, such finding shall re6 sult in the loss of recognition of the entity as 

7 a qualified carrier and the termination of the 

8 waiver provided under paragraph (1), and the 

9 court may, in its discretion— 

10 ‘‘(i) treat such failure as an act of in11 fringement under section 501, and subject 

12 such infringement to the remedies provided 

13 for in sections 502 through 506 and sub14 section (a)(6)(B) of this section; and 

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

16 $250,000 and not more than $5,000,000. 

17 ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA18 TION.—If the court determines that the failure 

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

20 nonwillful, the court may in its discretion im21 pose financial penalties for noncompliance that 

22 reflect— 

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

24 had over the circumstances that resulted in 

25 the failure; 
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1 ‘‘(ii) the quality of the entity’s efforts 

2 to remedy the failure and restore service; 

3 and 

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

5 service interruption. 

6 ‘‘(6) PENALTIES FOR VIOLATIONS OF LI7 CENSE.—A court that finds, under subsection 

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

9 carrier has willfully made a secondary transmission 

10 of a primary transmission made by a network sta11 tion and embodying a performance or display of a 

12 work to a subscriber who is not eligible to receive 

13 the transmission under this section shall reinstate 

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

15 court may order statutory damages of not more than 

16 $2,500,000. 

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

18 DEFINED.—For purposes of this subsection: 

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

20 ‘local-into-local service to all DMAs’ if the enti21 ty provides local service in all designated mar22 ket areas (as such term is defined in section 

23 122(j)(2)(C)) pursuant to the license under sec24 tion 122. 
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1 ‘‘(B) HOUSEHOLD COVERAGE.—For pur2 poses of subparagraph (A), an entity that 

3 makes available local-into-local service with a 

4 good quality satellite signal to at least 90 per5 cent of the households in a designated market 

6 area based on the most recent census data re7 leased by the United States Census Bureau 

8 shall be considered to be providing local service 

9 to such designated market area. 

10 ‘‘(C) GOOD QUALITY SATELLITE SIGNAL

11 DEFINED.—The term ‘good quality signal’ has 

12 the meaning given such term under section 

13 342(e)(2) of Communications Act of 1934.’’. 

14 SEC. 106. COPYRIGHT OFFICE FEES. 

15 Section 708(a) is amended— 

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

17 the semicolon; 

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

19 inserting a semicolon; 

20 (3) by inserting after paragraph (9) the fol21 lowing: 

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

23 secondary transmissions of primary transmissions 

24 pursuant to section 119 or 122; and 
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1 ‘‘(11) on filing a statement of account based on 

2 secondary transmissions of primary transmissions 

3 pursuant to section 111.’’; and 

4 (4) by adding at the end the following new sen5 tence: ‘‘Fees established under paragraphs (10) and 

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

7 of the cost necessary to cover reasonable expenses 

8 incurred by the Copyright Office for the collection 

9 and administration of the statements of account and 

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

11 SEC. 107. TERMINATION OF LICENSE. 

12 Section 1003(a)(2)(A) of Public Law 111–118 is 

13 amended by striking ‘‘April 30, 2010’’ and inserting ‘‘De14 cember 31, 2020’’. 

15 SEC. 108. CONSTRUCTION. 

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

17 United States Code, including the amendments made to 

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

19 meaning of any terms under the Communications Act of 

20 1934, except to the extent that such sections are specifi21 cally cross-referenced in such Act or the regulations issued 

22 thereunder. 
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1 TITLE II—COMMUNICATIONS 

2 PROVISIONS 

3 SEC. 201. REFERENCE. 

4 Except as otherwise provided, whenever in this title 

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

6 the reference shall be considered to be made to such sec7 tion or provision of the Communications Act of 1934 (47 

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

9 SEC. 202. EXTENSION OF AUTHORITY. 

10 Section 325(b) is amended— 

11 (1) in paragraph (2)(C), by striking ‘‘April 30, 

12 2010’’ and inserting ‘‘December 31, 2020’’; and 

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

14 2010’’ each place it appears in clauses (ii) and (iii) 

15 and inserting ‘‘January 1, 2021’’. 

16 SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 

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

18 340(b) are amended to read as follows: 

19 ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK20 ING LOCAL-INTO-LOCAL SERVICE.—This section shall 

21 apply only to retransmissions to subscribers of a sat22 ellite carrier who receive retransmissions of a signal 

23 from that satellite carrier pursuant to section 338. 

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

25 may retransmit to a subscriber in high definition 
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1 format the signal of a station determined by the 

2 Commission to be significantly viewed under sub3 section (a) only if such carrier also retransmits in 

4 high definition format the signal of a station located 

5 in the local market of such subscriber and affiliated 

6 with the same network whenever such format is 

7 available from such station.’’. 

8 (b) RULEMAKING REQUIRED.—Within 240 days after 

9 the date of the enactment of this Act, the Federal Commu10 nications Commission shall take all actions necessary to 

11 promulgate a rule to implement the amendments made by 

12 subsection (a). 

13 SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING 

14 AMENDMENTS. 

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

16 (1) in subsection (a), by striking ‘‘(3) EFFEC17 TIVE DATE.—No satellite’’ and all that follows 

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

19 (2) by amending subsection (g) to read as fol20 lows: 

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

22 RECEPTION ANTENNA.— 

23 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat24 ellite carrier that retransmits the signals of local tel25 evision broadcast stations in a local market shall re-
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1 transmit such stations in such market so that a sub2 scriber may receive such stations by means of a sin3 gle reception antenna and associated equipment. 

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

5 the carrier retransmits the signals of local television 

6 broadcast stations in a local market in high defini7 tion format, the carrier shall retransmit such signals 

8 in such market so that a subscriber may receive 

9 such signals by means of a single reception antenna 

10 and associated equipment, but such antenna and as11 sociated equipment may be separate from the single 

12 reception antenna and associated equipment used to 

13 comply with paragraph (1).’’. 

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

15 (1) in subsection (a)— 

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

17 two network stations’’ and all that follows 

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

19 and 

20 (B) in paragraph (2)— 

21 (i) in the heading for subparagraph 

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

23 (ii) in subparagraph (A)— 

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

25 by striking ‘‘ANALOG’’; 
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1 (II) in clause (i)— 

2 (aa) by striking ‘‘analog’’ 

3 each place it appears; and 

4 (bb) by striking ‘‘October 1, 

5 2004’’ and inserting ‘‘October 1, 

6 2009’’; 

7 (III) in the heading for clause 

8 (ii), by striking ‘‘ANALOG’’; and 

9 (IV) in clause (ii)— 

10 (aa) by striking ‘‘analog’’ 

11 each place it appears; and 

12 (bb) by striking ‘‘2004’’ and 

13 inserting ‘‘2009’’; 

14 (iii) by amending subparagraph (B) to 

15 read as follows: 

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

17 ‘‘(i) IN GENERAL.—In the case of a 

18 subscriber of a satellite carrier who is eligi19 ble to receive the signal of a network sta20 tion under this section (in this subpara21 graph referred to as a ‘distant signal’), 

22 other than subscribers to whom subpara23 graph (A) applies, the following shall 

24 apply: 
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1 ‘‘(I) In a case in which the sat2 ellite carrier makes available to that 

3 subscriber, on January 1, 2005, the 

4 signal of a local network station affili5 ated with the same television network 

6 pursuant to section 338, the carrier 

7 may only provide the secondary trans8 missions of the distant signal of a sta9 tion affiliated with the same network 

10 to that subscriber if the subscriber’s 

11 satellite carrier, not later than March 

12 1, 2005, submits to that television 

13 network the list and statement re14 quired by subparagraph (F)(i). 

15 ‘‘(II) In a case in which the sat16 ellite carrier does not make available 

17 to that subscriber, on January 1, 

18 2005, the signal of a local network 

19 station pursuant to section 338, the 

20 carrier may only provide the sec21 ondary transmissions of the distant 

22 signal of a station affiliated with the 

23 same network to that subscriber if— 

24 ‘‘(aa) that subscriber seeks 

25 to subscribe to such distant sig-
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1 nal before the date on which such 

2 carrier commences to carry pur3 suant to section 338 the signals 

4 of stations from the local market 

5 of such local network station; and 

6 ‘‘(bb) the satellite carrier, 

7 within 60 days after such date, 

8 submits to each television net9 work the list and statement re10 quired by subparagraph (F)(ii). 

11 ‘‘(ii) SPECIAL CIRCUMSTANCES.—A 

12 subscriber of a satellite carrier who was 

13 lawfully receiving the distant signal of a 

14 network station on the day before the date 

15 of enactment of the Satellite Television Ex16 tension and Localism Act of 2010 may re17 ceive both such distant signal and the local 

18 signal of a network station affiliated with 

19 the same network until such subscriber 

20 chooses to no longer receive such distant 

21 signal from such carrier, whether or not 

22 such subscriber elects to subscribe to such 

23 local signal.’’; 

24 (iv) in subparagraph (C)— 

25 (I) by striking ‘‘analog’’; 
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1 (II) in clause (i), by striking ‘‘the 

2 Satellite Home Viewer Extension and 

3 Reauthorization Act of 2004; and’’ 

4 and inserting the following: 

5 ‘‘the Satellite Television Extension and Lo6 calism Act of 2010 and, at the time such 

7 person seeks to subscribe to receive such 

8 secondary transmission, resides in a local 

9 market where the satellite carrier makes 

10 available to that person the signal of a 

11 local network station affiliated with the 

12 same television network pursuant to sec13 tion 338 (and the retransmission of such 

14 signal by such carrier can reach such sub15 scriber); or’’; and 

16 (III) by amending clause (ii) to 

17 read as follows: 

18 ‘‘(ii) lawfully subscribes to and re19 ceives a distant signal on or after the date 

20 of enactment of the Satellite Television Ex21 tension and Localism Act of 2010, and, 

22 subsequent to such subscription, the sat23 ellite carrier makes available to that sub24 scriber the signal of a local network station 

25 affiliated with the same network as the dis-
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1 tant signal (and the retransmission of such 

2 signal by such carrier can reach such sub3 scriber), unless such person subscribes to 

4 the signal of the local network station 

5 within 60 days after such signal is made 

6 available.’’; 

7 (v) in subparagraph (D)— 

8 (I) in the heading, by striking 

9 ‘‘DIGITAL’’; 

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

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

12 (xi); 

13 (III) by redesignating clause (vi) 

14 as clause (i) and transferring such 

15 clause to appear before clause (ii); 

16 (IV) by amending such clause (i) 

17 (as so redesignated) to read as fol18 lows: 

19 ‘‘(i) ELIGIBILITY AND SIGNAL TEST20 ING.—A subscriber of a satellite carrier 

21 shall be eligible to receive a distant signal 

22 of a network station affiliated with the 

23 same network under this section if, with 

24 respect to a local network station, such 

25 subscriber— 
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1 ‘‘(I) is a subscriber whose house2 hold is not predicted by the model 

3 specified in subsection (c)(3) to re4 ceive the signal intensity required 

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

6 case of a low-power station or trans7 lator station transmitting an analog 

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

9 Code of Federal Regulations, or a suc10 cessor regulation; 

11 ‘‘(II) is determined, based on a 

12 test conducted in accordance with sec13 tion 73.686(d) of title 47, Code of 

14 Federal Regulations, or any successor 

15 regulation, not to be able to receive a 

16 signal that exceeds the signal intensity 

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

18 in the case of a low-power station or 

19 translator station transmitting an 

20 analog signal, section 73.683(a) of 

21 such title, or a successor regulation; 

22 or 

23 ‘‘(III) is in an unserved house24 hold, as determined under section 
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1 119(d)(10)(A) of title 17, United 

2 States Code.’’; 

3 (V) in clause (ii)— 

4 (aa) by striking ‘‘DIGITAL’’ 

5 in the heading; 

6 (bb) by striking ‘‘digital’’ 

7 the first two places such term ap8 pears; 

9 (cc) by striking ‘‘Satellite 

10 Home Viewer Extension and Re11 authorization Act of 2004’’ and 

12 inserting ‘‘Satellite Television 

13 Extension and Localism Act of 

14 2010’’; and 

15 (dd) by striking ‘‘, whether 

16 or not such subscriber elects to 

17 subscribe to local digital signals’’; 

18 (VI) by inserting after clause (ii) 

19 the following new clause: 

20 ‘‘(iii) TIME-SHIFTING PROHIBITED.— 

21 In a case in which the satellite carrier 

22 makes available to an eligible subscriber 

23 under this subparagraph the signal of a 

24 local network station pursuant to section 

25 338, the carrier may only provide the dis-
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1 tant signal of a station affiliated with the 

2 same network to that subscriber if, in the 

3 case of any local market in the 48 contig4 uous States of the United States, the dis5 tant signal is the secondary transmission 

6 of a station whose prime time network pro7 gramming is generally broadcast simulta8 neously with, or later than, the prime time 

9 network programming of the affiliate of 

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

11 and 

12 (VII) by redesignating clause (x) 

13 as clause (iv); and 

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

15 ‘‘distant analog signal or’’ and all that fol16 lows through ‘‘(B), or (D))’’ and inserting 

17 ‘‘distant signal’’; 

18 (2) in subsection (c)— 

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

20 follows: 

21 ‘‘(3) ESTABLISHMENT OF IMPROVED PRE22 DICTIVE MODEL AND ON-LOCATION TESTING RE23 QUIRED.— 

24 ‘‘(A) PREDICTIVE MODEL.—Within 240 

25 days after the date of the enactment of the Sat-
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1 ellite Television Extension and Localism Act of 

2 2010, the Commission shall develop and pre3 scribe by rule a point-to-point predictive model 

4 for reliably and presumptively determining the 

5 ability of individual locations, through the use 

6 of an antenna, to receive signals in accordance 

7 with the signal intensity standard in section 

8 73.622(e)(1) of title 47, Code of Federal Regu9 lations, or a successor regulation, including to 

10 account for the continuing operation of trans11 lator stations and low power television stations. 

12 In prescribing such model, the Commission 

13 shall rely on the Individual Location Longley14 Rice model set forth by the Commission in CS 

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

16 respect to analog signals, and as recommended 

17 by the Commission with respect to digital sig18 nals in its Report to Congress in ET Docket 

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

20 9, 2005). The Commission shall establish proce21 dures for the continued refinement in the appli22 cation of the model by the use of additional 

23 data as it becomes available. 

24 ‘‘(B) ON-LOCATION TESTING.—The Com25 mission shall issue an order completing its rule-
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1 making proceeding in ET Docket No. 06–94 

2 within 240 days after the date of enactment of 

3 the Satellite Television Extension and Localism 

4 Act of 2010. In conducting such rulemaking, 

5 the Commission shall seek ways to minimize 

6 consumer burdens associated with on-location 

7 testing.’’; 

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

9 as follows: 

10 ‘‘(A) IN GENERAL.—If a subscriber’s re11 quest for a waiver under paragraph (2) is re12 jected and the subscriber submits to the sub13 scriber’s satellite carrier a request for a test 

14 verifying the subscriber’s inability to receive a 

15 signal of the signal intensity referenced in 

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

17 carrier and the network station or stations as18 serting that the retransmission is prohibited 

19 with respect to that subscriber shall select a 

20 qualified and independent person to conduct the 

21 test referenced in such clause. Such test shall 

22 be conducted within 30 days after the date the 

23 subscriber submits a request for the test. If the 

24 written findings and conclusions of a test con25 ducted in accordance with such clause dem-
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1 onstrate that the subscriber does not receive a 

2 signal that meets or exceeds the requisite signal 

3 intensity standard in such clause, the subscriber 

4 shall not be denied the retransmission of a sig5 nal of a network station under section 

6 119(d)(10)(A) of title 17, United States 

7 Code.’’; 

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

9 signal intensity’’ and all that follows through 

10 ‘‘United States Code’’ and inserting ‘‘such req11 uisite signal intensity standard’’; and 

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

13 ‘‘Grade B intensity’’. 

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

15 striking paragraph (4). 

16 SEC. 205. APPLICATION PENDING COMPLETION OF 

17 RULEMAKINGS. 

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

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

20 date on which the Federal Communications Commission 

21 adopts rules pursuant to the amendments to the Commu22 nications Act of 1934 made by section 203 and section 

23 204 of this title, the Federal Communications Commission 

24 shall follow its rules and regulations promulgated pursu25 ant to sections 338, 339, and 340 of the Communications 
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1 Act of 1934 as in effect on the day before the date of 

2 the enactment of this Act. 

3 (b) TRANSLATOR STATIONS AND LOW POWER TELE4 VISION STATIONS.—Notwithstanding subsection (a), for 

5 purposes of determining whether a subscriber within the 

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

7 television station affiliated with a television network is eli8 gible to receive distant signals under section 339 of the 

9 Communications Act of 1934, the rules and regulations 

10 of the Federal Communications Commission for deter11 mining such subscriber’s eligibility as in effect on the day 

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

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

14 television station is licensed to broadcast a digital signal. 

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

16 (1) LOCAL MARKET; LOW POWER TELEVISION

17 STATION; SATELLITE CARRIER; SUBSCRIBER; TELE18 VISION BROADCAST STATION.—The terms ‘‘local 

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

20 carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta21 tion’’ have the meanings given such terms in section 

22 338(k) of the Communications Act of 1934. 

23 (2) NETWORK STATION; TELEVISION NET24 WORK.—The terms ‘‘network station’’ and ‘‘tele-
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1 vision network’’ have the meanings given such terms 

2 in section 339(d) of such Act. 

3 SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CER4 TIFICATION. 

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

6 the following new section: 

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

8 CERTIFICATION. 

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

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

11 of title 17, United States Code, if the Commission deter12 mines that— 

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

14 pursuant to the statutory license under section 122 

15 of such title in each designated market area; and 

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

17 area in which such satellite carrier was not providing 

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

19 Satellite Television Extension and Localism Act of 

20 2010— 

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

22 are designed, and predicted by the satellite 

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

24 a good quality satellite signal to at least 90 per25 cent of the households in each such designated 
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1 market area based on the most recent census 

2 data released by the United States Census Bu3 reau; and 

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

5 there has been a satellite or sub-system failure 

6 subsequent to the satellite’s launch that pre7 cludes the ability of the satellite carrier to sat8 isfy the requirements of subparagraph (A). 

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

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

11 to the Commission the following information: 

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

13 affiant’s knowledge, the satellite carrier provides 

14 local service in all designated market areas pursuant 

15 to the statutory license provided for in section 122 

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

17 designated market areas in which local service was 

18 provided as of the date of enactment of the Satellite 

19 Television Extension and Localism Act of 2010. 

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

21 in paragraph (1): 

22 ‘‘(A) Identification of each such designated 

23 market area and the location of its local receive 

24 facility. 
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1 ‘‘(B) Data showing the number of house2 holds, and maps showing the geographic dis3 tribution thereof, in each such designated mar4 ket area based on the most recent census data 

5 released by the United States Census Bureau. 

6 ‘‘(C) Maps, with superimposed effective 

7 isotropically radiated power predictions ob8 tained in the satellite manufacturer’s pre9 launch tests, showing that the contours of the 

10 carrier’s satellite beams as designed and the ge11 ographic area that the carrier’s satellite beams 

12 are designed to cover are predicted to provide 

13 a good quality satellite signal to at least 90 per14 cent of the households in such designated mar15 ket area based on the most recent census data 

16 released by the United States Census Bureau. 

17 ‘‘(D) For any satellite relied upon for cer18 tification under this section, an affidavit stating 

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

20 there have been no satellite or sub-system fail21 ures subsequent to the satellite’s launch that 

22 would degrade the design performance to such 

23 a degree that a satellite transponder used to 

24 provide local service to any such designated 

25 market area is precluded from delivering a good 
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1 quality satellite signal to at least 90 percent of 

2 the households in such designated market area 

3 based on the most recent census data released 

4 by the United States Census Bureau. 

5 ‘‘(E) Any additional engineering, des6 ignated market area, or other information the 

7 Commission considers necessary to determine 

8 whether the Commission shall grant a certifi9 cation under this section. 

10 ‘‘(c) CERTIFICATION ISSUANCE.— 

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

12 provide 30 days for public comment on a request for 

13 certification under this section. 

14 ‘‘(2) DEADLINE FOR DECISION.—The Commis15 sion shall grant or deny a request for certification 

16 within 90 days after the date on which such request 

17 is filed. 

18 ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity grant19 ed qualified carrier status pursuant to section 119(g) of 

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

21 the Commission 30 months after such status was granted 

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

23 in compliance with the requirements for a qualified car24 rier. 

25 ‘‘(e) DEFINITIONS.—For the purposes of this section: 
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1 ‘‘(1) DESIGNATED MARKET AREA.—The term 

2 ‘designated market area’ has the meaning given such 

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

4 States Code. 

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

6 ‘‘(A) IN GENERAL.—The term ‘‘good qual7 ity satellite signal’’ means— 

8 ‘‘(i) a satellite signal whose power 

9 level as designed shall achieve reception 

10 and demodulation of the signal at an avail11 ability level of at least 99.7 percent 

12 using— 

13 ‘‘(I) models of satellite antennas 

14 normally used by the satellite carrier’s 

15 subscribers; and 

16 ‘‘(II) the same calculation meth17 odology used by the satellite carrier to 

18 determine predicted signal availability 

19 in the top 100 designated market 

20 areas; and 

21 ‘‘(ii) taking into account whether a 

22 signal is in standard definition format or 

23 high definition format, compression meth24 odology, modulation, error correction, 

25 power level, and utilization of advances in 
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1 technology that do not circumvent the in2 tent of this section to provide for non-dis3 criminatory treatment with respect to any 

4 comparable television broadcast station sig5 nal, a video signal transmitted by a sat6 ellite carrier such that— 

7 ‘‘(I) the satellite carrier treats all 

8 television broadcast stations’ signals 

9 the same with respect to statistical 

10 multiplexer prioritization; and 

11 ‘‘(II) the number of video signals 

12 in the relevant satellite transponder is 

13 not more than the then current great14 est number of video signals carried on 

15 any equivalent transponder serving 

16 the top 100 designated market areas. 

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

18 of subparagraph (A), the top 100 designated 

19 market areas shall be as determined by Nielsen 

20 Media Research and published in the Nielsen 

21 Station Index Directory and Nielsen Station 

22 Index United States Television Household Esti23 mates or any successor publication as of the 

24 date of a satellite carrier’s application for cer25 tification under this section.’’. 
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1 SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEF2 INITION DIGITAL SIGNALS OF NONCOMMER3 CIAL EDUCATIONAL TELEVISION STATIONS. 

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

5 adding at the end the following new paragraph: 

6 ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF

7 HIGH DEFINITION SIGNALS OF NONCOMMERCIAL

8 EDUCATIONAL TELEVISION STATIONS.— 

9 ‘‘(A) EXISTING CARRIAGE OF HIGH DEFI10 NITION SIGNALS.—If, before the date of enact11 ment of the Satellite Television Extension and 

12 Localism Act of 2010, an eligible satellite car13 rier is providing, under section 122 of title 17, 

14 United States Code, any secondary trans15 missions in high definition format to sub16 scribers located within the local market of a tel17 evision broadcast station of a primary trans18 mission made by that station, then such sat19 ellite carrier shall carry the signals in high-defi20 nition format of qualified noncommercial edu21 cational television stations located within that 

22 local market in accordance with the following 

23 schedule: 

24 ‘‘(i) By December 31, 2010, in at 

25 least 50 percent of the markets in which 

26 such satellite carrier provides such sec-
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1 ondary transmissions in high definition 

2 format. 

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

4 market in which such satellite carrier pro5 vides such secondary transmissions in high 

6 definition format. 

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

8 or after the date of enactment of the Satellite 

9 Television Extension and Localism Act of 2010, 

10 an eligible satellite carrier initiates the provi11 sion, under section 122 of title 17, United 

12 States Code, of any secondary transmissions in 

13 high definition format to subscribers located 

14 within the local market of a television broadcast 

15 station of a primary transmission made by that 

16 station, then such satellite carrier shall carry 

17 the signals in high-definition format of all 

18 qualified noncommercial educational television 

19 stations located within that local market.’’. 

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

21 (1) by redesignating paragraphs (2) through 

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

23 (2) by inserting after paragraph (1) the fol24 lowing new paragraph: 
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1 ‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 

2 ‘eligible satellite carrier’ means any satellite carrier 

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

4 ‘‘(A) governs carriage of at least 30 quali5 fied noncommercial educational television sta6 tions; and 

7 ‘‘(B) is in force and effect within 120 days 

8 after the date of enactment of the Satellite Tel9 evision Extension and Localism Act of 2010.’’; 

10 (3) by redesignating paragraphs (6) through 

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

12 through (10), respectively; and 

13 (4) by inserting after paragraph (5) (as so re14 designated) the following new paragraph: 

15 ‘‘(6) QUALIFIED NONCOMMERCIAL EDU16 CATIONAL TELEVISION STATION.—The term ‘quali17 fied noncommercial educational television station’ 

18 means any full-power television broadcast station 

19 that— 

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

21 Commission in effect on March 29, 1990, is li22 censed by the Commission as a noncommercial 

23 educational broadcast station and is owned and 

24 operated by a public agency, nonprofit founda-
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1 tion, nonprofit corporation, or nonprofit asso2 ciation; and 

3 ‘‘(B) has as its licensee an entity that is el4 igible to receive a community service grant, or 

5 any successor grant thereto, from the Corpora6 tion for Public Broadcasting, or any successor 

7 organization thereto, on the basis of the for8 mula set forth in section 396(k)(6)(B) of this 

9 title.’’. 

10 SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS. 

11 Nothing in this title or the amendments made by this 

12 title shall be construed to affect— 

13 (1) the meaning of the terms ‘‘program re14 lated’’ and ‘‘primary video’’ under the Communica15 tions Act of 1934; or 

16 (2) the meaning of the term ‘‘multicast’’ in any 

17 regulations issued by the Federal Communications 

18 Commission. 

19 SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS. 

20 Section 335(b) is amended— 

21 (1) by inserting ‘‘STATE PUBLIC AFFAIRS,’’ 

22 after ‘‘EDUCATIONAL,’’ in the heading; 

23 (2) by striking paragraph (1) and inserting the 

24 following: 

25 ‘‘(1) CHANNEL CAPACITY REQUIRED.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Commission shall re3 quire, as a condition of any provision, initial au4 thorization, or authorization renewal for a pro5 vider of direct broadcast satellite service pro6 viding video programming, that the provider of 

7 such service reserve a portion of its channel ca8 pacity, equal to not less than 4 percent nor 

9 more than 7 percent, exclusively for non10 commercial programming of an educational or 

11 informational nature. 

12 ‘‘(B) REQUIREMENT FOR QUALIFIED SAT13 ELLITE PROVIDER.—The Commission shall re14 quire, as a condition of any provision, initial au15 thorization, or authorization renewal for a 

16 qualified satellite provider of direct broadcast 

17 satellite service providing video programming, 

18 that such provider reserve a portion of its chan19 nel capacity, equal to not less than 3.5 percent 

20 nor more than 7 percent, exclusively for non21 commercial programming of an educational or 

22 informational nature.’’; 

23 (3) in paragraph (5), by striking ‘‘For purposes 

24 of the subsection—’’ and inserting ‘‘For purposes of 

25 this subsection:’’; and 
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1 (4) by adding at the end of paragraph (5) the 

2 following: 

3 ‘‘(C) The term ‘qualified satellite provider’ 

4 means any provider of direct broadcast satellite 

5 service that— 

6 ‘‘(i) provides the retransmission of the 

7 State public affairs networks of at least 15 

8 different States; 

9 ‘‘(ii) offers the programming of State 

10 public affairs networks upon reasonable 

11 prices, terms, and conditions as determined 

12 by the Commission under paragraph (4); 

13 and 

14 ‘‘(iii) does not delete any noncommer15 cial programming of an educational or in16 formational nature in connection with the 

17 carriage of a State public affairs network. 

18 ‘‘(D) The term ‘State public affairs net19 work’ means a non-commercial non-broadcast 

20 network or a noncommercial educational tele21 vision station— 

22 ‘‘(i) whose programming consists of 

23 information about State government delib24 erations and public policy events; and 

25 ‘‘(ii) that is operated by— 
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1 ‘‘(I) a State government or sub2 division thereof; 

3 ‘‘(II) an organization described 

4 in section 501(c)(3) of the Internal 

5 Revenue Code of 1986 that is exempt 

6 from taxation under section 501(a) of 

7 such Code and that is governed by an 

8 independent board of directors; or 

9 ‘‘(III) a cable system.’’. 

10 TITLE III—REPORTS AND 

11 SAVINGS PROVISION 

12 SEC. 301. DEFINITION. 

13 In this title, the term ‘‘appropriate Congressional 

14 committees’’ means the Committees on the Judiciary and 

15 on Commerce, Science, and Transportation of the Senate 

16 and the Committees on the Judiciary and on Energy and 

17 Commerce of the House of Representatives. 

18 SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO 

19 STATUTORY LICENSING. 

20 Not later than 1 year after the date of the enactment 

21 of this Act, and after consultation with the Federal Com22 munications Commission, the Register of Copyrights shall 

23 submit to the appropriate Congressional committees a re24 port containing— 
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1 (1) proposed mechanisms, methods, and rec2 ommendations on how to implement a phase-out of 

3 the statutory licensing requirements set forth in sec4 tions 111, 119, and 122 of title 17, United States 

5 Code, by making such sections inapplicable to the 

6 secondary transmission of a performance or display 

7 of a work embodied in a primary transmission of a 

8 broadcast station that is authorized to license the 

9 same secondary transmission directly with respect to 

10 all of the performances and displays embodied in 

11 such primary transmission; 

12 (2) any recommendations for alternative means 

13 to implement a timely and effective phase-out of the 

14 statutory licensing requirements set forth in sections 

15 111, 119, and 122 of title 17, United States Code; 

16 and 

17 (3) any recommendations for legislative or ad18 ministrative actions as may be appropriate to 

19 achieve such a phase-out. 

20 SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF 

21 STATUTORY LICENSING MODIFICATIONS. 

22 (a) STUDY.—The Comptroller General shall conduct 

23 a study that analyzes and evaluates the changes to the 

24 carriage requirements currently imposed on multichannel 

25 video programming distributors under the Communica-
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1 tions Act of 1934 (47 U.S.C. 151 et seq.) and the regula2 tions promulgated by the Federal Communications Com3 mission that would be required or beneficial to consumers, 

4 and such other matters as the Comptroller General deems 

5 appropriate, if Congress implemented a phase-out of the 

6 current statutory licensing requirements set forth under 

7 sections 111, 119, and 122 of title 17, United States 

8 Code. Among other things, the study shall consider the 

9 impact such a phase-out and related changes to carriage 

10 requirements would have on consumer prices and access 

11 to programming. 

12 (b) REPORT.—Not later than 1 year after the date 

13 of the enactment of this Act, the Comptroller General shall 

14 report to the appropriate Congressional committees the re15 sults of the study, including any recommendations for leg16 islative or administrative actions. 

17 SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAM18 MING. 

19 Not later than 1 year after the date of the enactment 

20 of this Act, the Federal Communications Commission shall 

21 submit to the appropriate Congressional committees a re22 port containing an analysis of— 

23 (1) the number of households in a State that 

24 receive the signals of local broadcast stations as-
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1 signed to a community of license that is located in 

2 a different State; 

3 (2) the extent to which consumers in each local 

4 market have access to in-state broadcast program5 ming over the air or from a multichannel video pro6 gramming distributor; and 

7 (3) whether there are alternatives to the use of 

8 designated market areas, as defined in section 122 

9 of title 17, United States Code, to define local mar10 kets that would provide more consumers with in11 state broadcast programming. 

12 SEC. 305. LOCAL NETWORK CHANNEL BROADCAST RE13 PORTS. 

14 (a) REQUIREMENT.— 

15 (1) IN GENERAL.—On the 180th day after the 

16 date of the enactment of this Act, and on each suc17 ceeding anniversary of such 180th day, each satellite 

18 carrier shall submit an annual report to the Federal 

19 Communications Commission setting forth— 

20 (A) each local market in which it— 

21 (i) retransmits signals of 1 or more 

22 television broadcast stations with a com23 munity of license in that market; 

24 (ii) has commenced providing such 

25 signals in the preceding 1-year period; and 
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1 (iii) has ceased to provide such signals 

2 in the preceding 1-year period; and 

3 (B) detailed information regarding the use 

4 and potential use of satellite capacity for the re5 transmission of local signals in each local mar6 ket. 

7 (2) TERMINATION.—The requirement under 

8 paragraph (1) shall cease after each satellite carrier 

9 has submitted 5 reports under such paragraph. 

10 (b) FCC STUDY; REPORT.— 

11 (1) STUDY.—If no satellite carrier files a re12 quest for a certification under section 342 of the 

13 Communications Act of 1934 (as added by section 

14 206 of this title) within 180 days after the date of 

15 the enactment of this Act, the Federal Communica16 tions Commission shall initiate a study of— 

17 (A) incentives that would induce a satellite 

18 carrier to provide the signals of 1 or more tele19 vision broadcast stations licensed to provide sig20 nals in local markets in which the satellite car21 rier does not provide such signals; and 

22 (B) the economic and satellite capacity 

23 conditions affecting delivery of local signals by 

24 satellite carriers to these markets. 
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1 (2) REPORT.—Within 1 year after the date of 

2 the initiation of the study under paragraph (1), the 

3 Federal Communications Commission shall submit a 

4 report to the appropriate Congressional committees 

5 containing its findings, conclusions, and rec6 ommendations. 

7 (c) DEFINITIONS.—In this section— 

8 (1) the terms ‘‘local market’’ and ‘‘satellite car9 rier’’ have the meaning given such terms in section 

10 339(d) of the Communications Act of 1934 (47 

11 U.S.C. 339(d)); and 

12 (2) the term ‘‘television broadcast station’’ has 

13 the meaning given such term in section 325(b)(7) of 

14 such Act (47 U.S.C. 325(b)(7)). 

15 SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGO16 TIATED LICENSES. 

17 (a) IN GENERAL.—Nothing in this Act, title 17, 

18 United States Code, the Communications Act of 1934, 

19 regulations promulgated by the Register of Copyrights 

20 under this title or title 17, United States Code, or regula21 tions promulgated by the Federal Communications Com22 mission under this Act or the Communications Act of 

23 1934 shall be construed to prevent a multichannel video 

24 programming distributor from retransmitting a perform25 ance or display of a work pursuant to an authorization 
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1 granted by the copyright owner or, if within the scope of 

2 its authorization, its licensee. 

3 (b) LIMITATION.—Nothing in subsection (a) shall be 

4 construed to affect any obligation of a multichannel video 

5 programming distributor under section 325(b) of the 

6 Communications Act of 1934 to obtain the authority of 

7 a television broadcast station before retransmitting that 

8 station’s signal. 

9 SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPY10 RIGHT. 

11 (a) EFFECTIVE DATE.—Unless specifically provided 

12 otherwise, this Act, and the amendments made by this 

13 Act, shall take effect on February 27, 2010, and with the 

14 exception of the reference in subsection (b), all references 

15 to the date of enactment of this Act shall be deemed to 

16 refer to February 27, 2010, unless otherwise specified. 

17 (b) NONINFRINGEMENT OF COPYRIGHT.—The sec18 ondary transmission of a performance or display of a work 

19 embodied in a primary transmission is not an infringe20 ment of copyright if it was made by a satellite carrier on 

21 or after February 27, 2010, and prior to enactment of 

22 this Act, and was in compliance with the law as in exist23 ence on February 27, 2010. 
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1 TITLE IV—SEVERABILITY 

2 SEC. 401. SEVERABILITY. 

3 If any provision of this Act, an amendment made by 

4 this Act, or the application of such provision or amend5 ment to any person or circumstance is held to be unconsti6 tutional, the remainder of this Act, the amendments made 

7 by this Act, and the application of such provision or 

8 amendment to any person or circumstance shall not be af9 fected thereby. 

10 TITLE V—DETERMINATION OF 

11 BUDGETARY EFFECTS 

12 SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 

13 (a) IN GENERAL.—The budgetary effects of this Act, 

14 for the purpose of complying with the Statutory Pay-As15 You-Go-Act of 2010, shall be determined by reference to 

16 the latest statement titled ‘‘Budgetary Effects of PAYGO 

17 Legislation’’ for this Act, submitted for printing in the 

18 Congressional Record by the Chairman of the Senate 
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1 Budget Committee, provided that such statement has been 

2 submitted prior to the vote on passage. 

Passed the Senate March 26 (legislative day, March 

25), 2010. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION S. 3191 

AN ACT 

To reauthorize the Satellite Home Viewer Extenother purposes. sion and Reauthorization Act of 2004, and for