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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3333 Enrolled Bill (ENR)]

        S.3333

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
To extend the statutory license for secondary transmissions under title 
             17, United States Code, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Satellite 
Television Extension and Localism Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                       TITLE I--STATUTORY LICENSES

Sec. 101. Reference.
Sec. 102. Modifications to statutory license for satellite carriers.
Sec. 103. Modifications to statutory license for satellite carriers in 
          local markets.
Sec. 104. Modifications to cable system secondary transmission rights 
          under section 111.
Sec. 105. Certain waivers granted to providers of local-into-local 
          service for all DMAs.
Sec. 106. Copyright Office fees.
Sec. 107. Termination of license.
Sec. 108. Construction.

                   TITLE II--COMMUNICATIONS PROVISIONS

Sec. 201. Reference.
Sec. 202. Extension of authority.
Sec. 203. Significantly viewed stations.
Sec. 204. Digital television transition conforming amendments.
Sec. 205. Application pending completion of rulemakings.
Sec. 206. Process for 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.

                      TITLE I--STATUTORY LICENSES

    SEC. 101. REFERENCE.
    Except as otherwise provided, whenever in this title an amendment 
is made to a section or other provision, the reference shall be 
considered to be made to such section or provision of title 17, United 
States Code.
    SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE 
      CARRIERS.
    (a) Heading Renamed.--
        (1) In general.--The heading of section 119 is amended by 
    striking ``superstations and network stations for private home 
    viewing'' and inserting ``distant television programming by 
    satellite''.
        (2) Table of contents.--The table of contents for chapter 1 is 
    amended by striking the item relating to section 119 and inserting 
    the following:

``119. Limitations on exclusive rights: Secondary transmissions of 
          distant television programming by satellite.''.

    (b) Unserved Household Defined.--
        (1) In general.--Section 119(d)(10) is amended--
            (A) by striking subparagraph (A) and inserting the 
        following:
            ``(A) cannot receive, through the use of an antenna, an 
        over-the-air signal containing the primary stream, or, on or 
        after the qualifying date, the multicast stream, originating in 
        that household's local market and affiliated with that network 
        of--
                ``(i) if the signal originates as an analog signal, 
            Grade B intensity as defined by the Federal Communications 
            Commission in section 73.683(a) of title 47, Code of 
            Federal Regulations, as in effect on January 1, 1999; or
                ``(ii) if the signal originates as a digital signal, 
            intensity defined in the values for the digital television 
            noise-limited service contour, as defined in regulations 
            issued by the Federal Communications Commission (section 
            73.622(e) of title 47, Code of Federal Regulations), as 
            such regulations may be amended from time to time;'';
            (B) in subparagraph (B)--
                (i) by striking ``subsection (a)(14)'' and inserting 
            ``subsection (a)(13),''; and
                (ii) by striking ``Satellite Home Viewer Extension and 
            Reauthorization Act of 2004'' and inserting ``Satellite 
            Television Extension and Localism Act of 2010''; and
            (C) in subparagraph (D), by striking ``(a)(12)'' and 
        inserting ``(a)(11)''.
        (2) Qualifying date defined.--Section 119(d) is amended by 
    adding at the end the following:
        ``(14) Qualifying date.--The term `qualifying date', for 
    purposes of paragraph (10)(A), means--
            ``(A) October 1, 2010, for multicast streams that exist on 
        March 31, 2010; and
            ``(B) January 1, 2011, for all other multicast streams.''.
    (c) Filing Fee.--Section 119(b)(1) is amended--
        (1) in subparagraph (A), by striking ``and'' after the 
    semicolon at the end;
        (2) in subparagraph (B), by striking the period and inserting 
    ``; and''; and
        (3) by adding at the end the following:
            ``(C) a filing fee, as determined by the Register of 
        Copyrights pursuant to section 708(a).''.
    (d) Deposit of Statements and Fees; Verification Procedures.--
Section 119(b) is amended--
        (1) by amending the subsection heading to read as follows: 
    ``(b) Deposit of Statements and Fees; Verification Procedures.--'';
        (2) in paragraph (1), by striking subparagraph (B) and 
    inserting the following:
            ``(B) a royalty fee payable to copyright owners pursuant to 
        paragraph (4) for that 6-month period, computed by multiplying 
        the total number of subscribers receiving each secondary 
        transmission of a primary stream or multicast stream of each 
        non-network station or network station during each calendar 
        year month by the appropriate rate in effect under this 
        subsection; and'';
        (3) by redesignating paragraphs (2), (3), and (4) as paragraphs 
    (3), (4), and (5), respectively;
        (4) by inserting after paragraph (1) the following:
        ``(2) Verification of accounts and fee payments.--The Register 
    of Copyrights shall issue regulations to permit interested parties 
    to verify and audit the statements of account and royalty fees 
    submitted by satellite carriers under this subsection.'';
        (5) in paragraph (3), as redesignated, in the first sentence--
            (A) by inserting ``(including the filing fee specified in 
        paragraph (1)(C))'' after ``shall receive all fees''; and
            (B) by striking ``paragraph (4)'' and inserting ``paragraph 
        (5)'';
        (6) in paragraph (4), as redesignated--
            (A) by striking ``paragraph (2)'' and inserting ``paragraph 
        (3)''; and
            (B) by striking ``paragraph (4)'' each place it appears and 
        inserting ``paragraph (5)''; and
        (7) in paragraph (5), as redesignated, by striking ``paragraph 
    (2)'' and inserting ``paragraph (3)''.
    (e) Adjustment of Royalty Fees.--Section 119(c) is amended as 
follows:
        (1) Paragraph (1) is amended--
            (A) in the heading for such paragraph, by striking 
        ``analog'';
            (B) in subparagraph (A)--
                (i) by striking ``primary analog transmissions'' and 
            inserting ``primary transmissions''; and
                (ii) by striking ``July 1, 2004'' and inserting ``July 
            1, 2009'';
            (C) in subparagraph (B)--
                (i) by striking ``January 2, 2005, the Librarian of 
            Congress'' and inserting ``June 1, 2010, the Copyright 
            Royalty Judges''; and
                (ii) by striking ``primary analog transmission'' and 
            inserting ``primary transmissions'';
            (D) in subparagraph (C), by striking ``Librarian of 
        Congress'' and inserting ``Copyright Royalty Judges'';
            (E) in subparagraph (D)--
                (i) in clause (i)--

                    (I) by striking ``(i) Voluntary agreements'' and 
                inserting the following:

                ``(i) Voluntary agreements; filing.--Voluntary 
            agreements''; and

                    (II) by striking ``that a parties'' and inserting 
                ``that are parties''; and

                (ii) in clause (ii)--

                    (I) by striking ``(ii)(I) Within'' and inserting 
                the following:

                ``(ii) Procedure for adoption of fees.--

                    ``(I) Publication of notice.--Within'';
                    (II) in subclause (I), by striking ``an arbitration 
                proceeding pursuant to subparagraph (E)'' and inserting 
                ``a proceeding under subparagraph (F)'';
                    (III) in subclause (II), by striking ``(II) Upon 
                receiving a request under subclause (I), the Librarian 
                of Congress'' and inserting the following:
                    ``(II) Public notice of fees.--Upon receiving a 
                request under subclause (I), the Copyright Royalty 
                Judges''; and
                    (IV) in subclause (III)--

                        (aa) by striking ``(III) The Librarian'' and 
                    inserting the following:

                    ``(III) Adoption of fees.--The Copyright Royalty 
                Judges'';

                        (bb) by striking ``an arbitration proceeding'' 
                    and inserting ``the proceeding under subparagraph 
                    (F)''; and
                        (cc) by striking ``the arbitration proceeding'' 
                    and inserting ``that proceeding'';
            (F) in subparagraph (E)--
                (i) by striking ``Copyright Office'' and inserting 
            ``Copyright Royalty Judges''; and
                (ii) by striking ``May 31, 2010'' and inserting 
            ``December 31, 2014''; and
            (G) in subparagraph (F)--
                (i) in the heading, by striking ``compulsory 
            arbitration'' and inserting ``copyright royalty judges 
            proceeding'';
                (ii) in clause (i)--

                    (I) in the heading, by striking ``proceedings'' and 
                inserting ``the proceeding'';
                    (II) in the matter preceding subclause (I)--

                        (aa) by striking ``May 1, 2005, the Librarian 
                    of Congress'' and inserting ``September 1, 2010, 
                    the Copyright Royalty Judges'';
                        (bb) by striking ``arbitration proceedings'' 
                    and inserting ``a proceeding'';
                        (cc) by striking ``fee to be paid'' and 
                    inserting ``fees to be paid'';
                        (dd) by striking ``primary analog 
                    transmission'' and inserting ``the primary 
                    transmissions''; and
                        (ee) by striking ``distributors'' and inserting 
                    ``distributors--'';

                    (III) in subclause (II)--

                        (aa) by striking ``Librarian of Congress'' and 
                    inserting ``Copyright Royalty Judges''; and
                        (bb) by striking ``arbitration''; and

                    (IV) by amending the last sentence to read as 
                follows: ``Such proceeding shall be conducted under 
                chapter 8.'';

                (iii) in clause (ii), by amending the matter preceding 
            subclause (I) to read as follows:
                ``(ii) Establishment of royalty fees.--In determining 
            royalty fees under this subparagraph, the Copyright Royalty 
            Judges shall establish fees for the secondary transmissions 
            of the primary transmissions of network stations and non-
            network stations that most clearly represent the fair 
            market value of secondary transmissions, except that the 
            Copyright Royalty Judges shall adjust royalty fees to 
            account for the obligations of the parties under any 
            applicable voluntary agreement filed with the Copyright 
            Royalty Judges in accordance with subparagraph (D). In 
            determining the fair market value, the Judges shall base 
            their decision on economic, competitive, and programming 
            information presented by the parties, including--'';
                (iv) by amending clause (iii) to read as follows:
                ``(iii) Effective date for decision of copyright 
            royalty judges.--The obligation to pay the royalty fees 
            established under a determination that is made by the 
            Copyright Royalty Judges in a proceeding under this 
            paragraph shall be effective as of January 1, 2010.''; and
                (v) in clause (iv)--

                    (I) in the heading, by striking ``fee'' and 
                inserting ``fees''; and
                    (II) by striking ``fee referred to in (iii)'' and 
                inserting ``fees referred to in clause (iii)''.

        (2) Paragraph (2) is amended to read as follows:
        ``(2) Annual royalty fee adjustment.--Effective January 1 of 
    each year, the royalty fee payable under subsection (b)(1)(B) for 
    the secondary transmission of the primary transmissions of network 
    stations and non-network stations shall be adjusted by the 
    Copyright Royalty Judges to reflect any changes occurring in the 
    cost of living as determined by the most recent Consumer Price 
    Index (for all consumers and for all items) published by the 
    Secretary of Labor before December 1 of the preceding year. 
    Notification of the adjusted fees shall be published in the Federal 
    Register at least 25 days before January 1.''.
    (f) Definitions.--
        (1) Subscriber.--Section 119(d)(8) is amended to read as 
    follows:
        ``(8) Subscriber; subscribe.--
            ``(A) Subscriber.--The term `subscriber' means a person or 
        entity that receives a secondary transmission service from a 
        satellite carrier and pays a fee for the service, directly or 
        indirectly, to the satellite carrier or to a distributor.
            ``(B) Subscribe.--The term `subscribe' means to elect to 
        become a subscriber.''.
        (2) Local market.--Section 119(d)(11) is amended to read as 
    follows:
        ``(11) Local market.--The term `local market' has the meaning 
    given such term under section 122(j).''.
        (3) Low power television station.--Section 119(d) is amended by 
    striking paragraph (12) and redesignating paragraphs (13) and (14) 
    as paragraphs (12) and (13), respectively.
        (4) Multicast stream.--Section 119(d), as amended by paragraph 
    (3), is further amended by adding at the end the following new 
    paragraph:
        ``(14) Multicast stream.--The term `multicast stream' means a 
    digital stream containing programming and program-related material 
    affiliated with a television network, other than the primary 
    stream.''.
        (5) Primary stream.--Section 119(d), as amended by paragraph 
    (4), is further amended by adding at the end the following new 
    paragraph:
        ``(15) Primary stream.--The term `primary stream' means--
            ``(A) the single digital stream of programming as to which 
        a television broadcast station has the right to mandatory 
        carriage with a satellite carrier under the rules of the 
        Federal Communications Commission in effect on July 1, 2009; or
            ``(B) if there is no stream described in subparagraph (A), 
        then either--
                ``(i) the single digital stream of programming 
            associated with the network last transmitted by the station 
            as an analog signal; or
                ``(ii) if there is no stream described in clause (i), 
            then the single digital stream of programming affiliated 
            with the network that, as of July 1, 2009, had been offered 
            by the television broadcast station for the longest period 
            of time.''.
        (6) Clerical amendment.--Section 119(d) is amended in 
    paragraphs (1), (2), and (5) by striking ``which'' each place it 
    appears and inserting ``that''.
    (g) Superstation Redesignated as Non-network Station.--Section 119 
is amended--
        (1) by striking ``superstation'' each place it appears in a 
    heading and each place it appears in text and inserting ``non-
    network station''; and
        (2) by striking ``superstations'' each place it appears in a 
    heading and each place it appears in text and inserting ``non-
    network stations''.
    (h) Removal of Certain Provisions.--
        (1) Removal of provisions.--Section 119(a) is amended--
            (A) in paragraph (2), by striking subparagraph (C) and 
        redesignating subparagraph (D) as subparagraph (C);
            (B) by striking paragraph (3) and redesignating paragraphs 
        (4) through (14) as paragraphs (3) through (13), respectively; 
        and
            (C) by striking paragraph (15) and redesignating paragraph 
        (16) as paragraph (14).
        (2) Conforming amendments.--Section 119 is amended--
            (A) in subsection (a)--
                (i) in paragraph (1), by striking ``(5), (6), and (8)'' 
            and inserting ``(4), (5), and (7)'';
                (ii) in paragraph (2)--

                    (I) in subparagraph (A), by striking 
                ``subparagraphs (B) and (C) of this paragraph and 
                paragraphs (5), (6), (7), and (8)'' and inserting 
                ``subparagraph (B) of this paragraph and paragraphs 
                (4), (5), (6), and (7)'';
                    (II) in subparagraph (B)(i), by striking the second 
                sentence; and
                    (III) in subparagraph (C) (as redesignated), by 
                striking clauses (i) and (ii) and inserting the 
                following:

                ``(i) Initial lists.--A satellite carrier that makes 
            secondary transmissions of a primary transmission made by a 
            network station pursuant to subparagraph (A) shall, not 
            later than 90 days after commencing such secondary 
            transmissions, submit to the network that owns or is 
            affiliated with the network station a list identifying (by 
            name and address, including street or rural route number, 
            city, State, and 9-digit zip code) all subscribers to which 
            the satellite carrier makes secondary transmissions of that 
            primary transmission to subscribers in unserved households.
                ``(ii) Monthly lists.--After the submission of the 
            initial lists under clause (i), the satellite carrier 
            shall, not later than the 15th of each month, submit to the 
            network a list, aggregated by designated market area, 
            identifying (by name and address, including street or rural 
            route number, city, State, and 9-digit zip code) any 
            persons who have been added or dropped as subscribers under 
            clause (i) since the last submission under this 
            subparagraph.''; and
                (iii) in subparagraph (E) of paragraph (3) (as 
            redesignated)--

                    (I) by striking ``under paragraph (3) or''; and
                    (II) by striking ``paragraph (12)'' and inserting 
                ``paragraph (11)''; and

            (B) in subsection (b)(1), by striking the final sentence.
    (i) Modifications to Provisions for Secondary Transmissions by 
Satellite Carriers.--
        (1) Predictive model.--Section 119(a)(2)(B)(ii) is amended by 
    adding at the end the following:

                    ``(III) Accurate predictive model with respect to 
                digital signals.--Notwithstanding subclause (I), in 
                determining presumptively whether a person resides in 
                an unserved household under subsection (d)(10)(A) with 
                respect to digital signals, a court shall rely on a 
                predictive model set forth by the Federal 
                Communications Commission pursuant to a rulemaking as 
                provided in section 339(c)(3) of the Communications Act 
                of 1934 (47 U.S.C. 339(c)(3)), as that model may be 
                amended by the Commission over time under such section 
                to increase the accuracy of that model. Until such time 
                as the Commission sets forth such model, a court shall 
                rely on the predictive model as recommended by the 
                Commission with respect to digital signals in its 
                Report to Congress in ET Docket No. 05-182, FCC 05-199 
                (released December 9, 2005).''.

        (2) Modifications to statutory license where retransmissions 
    into local market available.--Section 119(a)(3) (as redesignated) 
    is amended--
            (A) by striking ``analog'' each place it appears in a 
        heading and text;
            (B) by striking subparagraphs (B), (C), and (D), and 
        inserting the following:
            ``(B) Rules for lawful subscribers as of date of enactment 
        of 2010 act.--In the case of a subscriber of a satellite 
        carrier who, on the day before the date of the enactment of the 
        Satellite Television Extension and Localism Act of 2010, was 
        lawfully receiving the secondary transmission of the primary 
        transmission of a network station under the statutory license 
        under paragraph (2) (in this subparagraph referred to as the 
        `distant signal'), other than subscribers to whom subparagraph 
        (A) applies, the statutory license under paragraph (2) shall 
        apply to secondary transmissions by that satellite carrier to 
        that subscriber of the distant signal of a station affiliated 
        with the same television network, and the subscriber's 
        household shall continue to be considered to be an unserved 
        household with respect to such network, until such time as the 
        subscriber elects to terminate such secondary transmissions, 
        whether or not the subscriber elects to subscribe to receive 
        the secondary transmission of the primary transmission of a 
        local network station affiliated with the same network pursuant 
        to the statutory license under section 122.
            ``(C) Future applicability.--
                ``(i) When local signal available at time of 
            subscription.--The statutory license under paragraph (2) 
            shall not apply to the secondary transmission by a 
            satellite carrier of the primary transmission of a network 
            station to a person who is not a subscriber lawfully 
            receiving such secondary transmission as of the date of the 
            enactment of the Satellite Television Extension and 
            Localism Act of 2010 and, at the time such person seeks to 
            subscribe to receive such secondary transmission, resides 
            in a local market where the satellite carrier makes 
            available to that person the secondary transmission of the 
            primary transmission of a local network station affiliated 
            with the same network pursuant to the statutory license 
            under section 122.
                ``(ii) When local signal available after 
            subscription.--In the case of a subscriber who lawfully 
            subscribes to and receives the secondary transmission by a 
            satellite carrier of the primary transmission of a network 
            station under the statutory license under paragraph (2) (in 
            this clause referred to as the `distant signal') on or 
            after the date of the enactment of the Satellite Television 
            Extension and Localism Act of 2010, the statutory license 
            under paragraph (2) shall apply to secondary transmissions 
            by that satellite carrier to that subscriber of the distant 
            signal of a station affiliated with the same television 
            network, and the subscriber's household shall continue to 
            be considered to be an unserved household with respect to 
            such network, until such time as the subscriber elects to 
            terminate such secondary transmissions, but only if such 
            subscriber subscribes to the secondary transmission of the 
            primary transmission of a local network station affiliated 
            with the same network within 60 days after the satellite 
            carrier makes available to the subscriber such secondary 
            transmission of the primary transmission of such local 
            network station.'';
            (C) by redesignating subparagraphs (E), (F), and (G) as 
        subparagraphs (D), (E), and (F), respectively;
            (D) in subparagraph (E) (as redesignated), by striking 
        ``(C) or (D)'' and inserting ``(B) or (C)''; and
            (E) in subparagraph (F) (as redesignated), by inserting 
        ``9-digit'' before ``zip code''.
        (3) Statutory damages for territorial restrictions.--Section 
    119(a)(6) (as redesignated) is amended--
            (A) in subparagraph (A)(ii), by striking ``$5'' and 
        inserting ``$250'';
            (B) in subparagraph (B)--
                (i) in clause (i), by striking ``$250,000 for each 6-
            month period'' and inserting ``$2,500,000 for each 3-month 
            period''; and
                (ii) in clause (ii), by striking ``$250,000'' and 
            inserting ``$2,500,000''; and
            (C) by adding at the end the following flush sentences:
        ``The court shall direct one half of any statutory damages 
        ordered under clause (i) to be deposited with the Register of 
        Copyrights for distribution to copyright owners pursuant to 
        subsection (b). The Copyright Royalty Judges shall issue 
        regulations establishing procedures for distributing such 
        funds, on a proportional basis, to copyright owners whose works 
        were included in the secondary transmissions that were the 
        subject of the statutory damages.''.
        (4) Technical amendment.--Section 119(a)(4) (as redesignated) 
    is amended by striking ``and 509''.
        (5) Clerical amendment.--Section 119(a)(2)(B)(iii)(II) is 
    amended by striking ``In this clause'' and inserting ``In this 
    clause,''.
    (j) Moratorium Extension.--Section 119(e) is amended by striking 
``May 31, 2010'' and inserting ``December 31, 2014''.
    (k) Clerical Amendments.--Section 119 is amended--
        (1) by striking ``of the Code of Federal Regulations'' each 
    place it appears and inserting ``, Code of Federal Regulations''; 
    and
        (2) in subsection (d)(6), by striking ``or the Direct'' and 
    inserting ``, or the Direct''.
    SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE CARRIERS 
      IN LOCAL MARKETS.
    (a) Heading Renamed.--
        (1) In general.--The heading of section 122 is amended by 
    striking ``by satellite carriers within local markets'' and 
    inserting ``of local television programming by satellite''.
        (2) Table of contents.--The table of contents for chapter 1 is 
    amended by striking the item relating to section 122 and inserting 
    the following:

``122. Limitations on exclusive rights: Secondary transmissions of local 
          television programming by satellite.''.

    (b) Statutory License.--Section 122(a) is amended to read as 
follows:
    ``(a) Secondary Transmissions Into Local Markets.--
        ``(1) Secondary transmissions of television broadcast stations 
    within a local market.--A secondary transmission of a performance 
    or display of a work embodied in a primary transmission of a 
    television broadcast station into the station's local market shall 
    be subject to statutory licensing under this section if--
            ``(A) the secondary transmission is made by a satellite 
        carrier to the public;
            ``(B) with regard to secondary transmissions, the satellite 
        carrier is in compliance with the rules, regulations, or 
        authorizations of the Federal Communications Commission 
        governing the carriage of television broadcast station signals; 
        and
            ``(C) the satellite carrier makes a direct or indirect 
        charge for the secondary transmission to--
                ``(i) each subscriber receiving the secondary 
            transmission; or
                ``(ii) a distributor that has contracted with the 
            satellite carrier for direct or indirect delivery of the 
            secondary transmission to the public.
        ``(2) Significantly viewed stations.--
            ``(A) In general.--A secondary transmission of a 
        performance or display of a work embodied in a primary 
        transmission of a television broadcast station to subscribers 
        who receive secondary transmissions of primary transmissions 
        under paragraph (1) shall be subject to statutory licensing 
        under this paragraph if the secondary transmission is of the 
        primary transmission of a network station or a non-network 
        station to a subscriber who resides outside the station's local 
        market but within a community in which the signal has been 
        determined by the Federal Communications Commission to be 
        significantly viewed in such community, pursuant to the rules, 
        regulations, and authorizations of the Federal Communications 
        Commission in effect on April 15, 1976, applicable to 
        determining with respect to a cable system whether signals are 
        significantly viewed in a community.
            ``(B) Waiver.--A subscriber who is denied the secondary 
        transmission of the primary transmission of a network station 
        or a non-network station under subparagraph (A) may request a 
        waiver from such denial by submitting a request, through the 
        subscriber's satellite carrier, to the network station or non-
        network station in the local market affiliated with the same 
        network or non-network where the subscriber is located. The 
        network station or non-network station shall accept or reject 
        the subscriber's request for a waiver within 30 days after 
        receipt of the request. If the network station or non-network 
        station fails to accept or reject the subscriber's request for 
        a waiver within that 30-day period, that network station or 
        non-network station shall be deemed to agree to the waiver 
        request.
        ``(3) Secondary transmission of low power programming.--
            ``(A) In general.--Subject to subparagraphs (B) and (C), a 
        secondary transmission of a performance or display of a work 
        embodied in a primary transmission of a television broadcast 
        station to subscribers who receive secondary transmissions of 
        primary transmissions under paragraph (1) shall be subject to 
        statutory licensing under this paragraph if the secondary 
        transmission is of the primary transmission of a television 
        broadcast station that is licensed as a low power television 
        station, to a subscriber who resides within the same designated 
        market area as the station that originates the transmission.
            ``(B) No applicability to repeaters and translators.--
        Secondary transmissions provided for in subparagraph (A) shall 
        not apply to any low power television station that retransmits 
        the programs and signals of another television station for more 
        than 2 hours each day.
            ``(C) No impact on other secondary transmissions 
        obligations.--A satellite carrier that makes secondary 
        transmissions of a primary transmission of a low power 
        television station under a statutory license provided under 
        this section is not required, by reason of such secondary 
        transmissions, to make any other secondary transmissions.
        ``(4) Special exceptions.--A secondary transmission of a 
    performance or display of a work embodied in a primary transmission 
    of a television broadcast station to subscribers who receive 
    secondary transmissions of primary transmissions under paragraph 
    (1) shall, if the secondary transmission is made by a satellite 
    carrier that complies with the requirements of paragraph (1), be 
    subject to statutory licensing under this paragraph as follows:
            ``(A) States with single full-power network station.--In a 
        State in which there is licensed by the Federal Communications 
        Commission a single full-power station that was a network 
        station on January 1, 1995, the statutory license provided for 
        in this paragraph shall apply to the secondary transmission by 
        a satellite carrier of the primary transmission of that station 
        to any subscriber in a community that is located within that 
        State and that is not within the first 50 television markets as 
        listed in the regulations of the Commission as in effect on 
        such date (47 C.F.R. 76.51).
            ``(B) States with all network stations and non-network 
        stations in same local market.--In a State in which all network 
        stations and non-network stations licensed by the Federal 
        Communications Commission within that State as of January 1, 
        1995, are assigned to the same local market and that local 
        market does not encompass all counties of that State, the 
        statutory license provided under this paragraph shall apply to 
        the secondary transmission by a satellite carrier of the 
        primary transmissions of such station to all subscribers in the 
        State who reside in a local market that is within the first 50 
        major television markets as listed in the regulations of the 
        Commission as in effect on such date (section 76.51 of title 
        47, Code of Federal Regulations).
            ``(C) Additional stations.--In the case of that State in 
        which are located 4 counties that--
                ``(i) on January 1, 2004, were in local markets 
            principally comprised of counties in another State, and
                ``(ii) had a combined total of 41,340 television 
            households, according to the U.S. Television Household 
            Estimates by Nielsen Media Research for 2004,
        the statutory license provided under this paragraph shall apply 
        to secondary transmissions by a satellite carrier to 
        subscribers in any such county of the primary transmissions of 
        any network station located in that State, if the satellite 
        carrier was making such secondary transmissions to any 
        subscribers in that county on January 1, 2004.
            ``(D) Certain additional stations.--If 2 adjacent counties 
        in a single State are in a local market comprised principally 
        of counties located in another State, the statutory license 
        provided for in this paragraph shall apply to the secondary 
        transmission by a satellite carrier to subscribers in those 2 
        counties of the primary transmissions of any network station 
        located in the capital of the State in which such 2 counties 
        are located, if--
                ``(i) the 2 counties are located in a local market that 
            is in the top 100 markets for the year 2003 according to 
            Nielsen Media Research; and
                ``(ii) the total number of television households in the 
            2 counties combined did not exceed 10,000 for the year 2003 
            according to Nielsen Media Research.
            ``(E) Networks of noncommercial educational broadcast 
        stations.--In the case of a system of three or more 
        noncommercial educational broadcast stations licensed to a 
        single State, public agency, or political, educational, or 
        special purpose subdivision of a State, the statutory license 
        provided for in this paragraph shall apply to the secondary 
        transmission of the primary transmission of such system to any 
        subscriber in any county or county equivalent within such 
        State, if such subscriber is located in a designated market 
        area that is not otherwise eligible to receive the secondary 
        transmission of the primary transmission of a noncommercial 
        educational broadcast station located within the State pursuant 
        to paragraph (1).
        ``(5) Applicability of royalty rates and procedures.--The 
    royalty rates and procedures under section 119(b) shall apply to 
    the secondary transmissions to which the statutory license under 
    paragraph (4) applies.''.
    (c) Reporting Requirements.--Section 122(b) is amended--
        (1) in paragraph (1), by striking ``station a list'' and all 
    that follows through the end and inserting the following: 
    ``station--
            ``(A) a list identifying (by name in alphabetical order and 
        street address, including county and 9-digit zip code) all 
        subscribers to which the satellite carrier makes secondary 
        transmissions of that primary transmission under subsection 
        (a); and
            ``(B) a separate list, aggregated by designated market area 
        (by name and address, including street or rural route number, 
        city, State, and 9-digit zip code), which shall indicate those 
        subscribers being served pursuant to paragraph (2) of 
        subsection (a).''; and
        (2) in paragraph (2), by striking ``network a list'' and all 
    that follows through the end and inserting the following: 
    ``network--
            ``(A) a list identifying (by name in alphabetical order and 
        street address, including county and 9-digit zip code) any 
        subscribers who have been added or dropped as subscribers since 
        the last submission under this subsection; and
            ``(B) a separate list, aggregated by designated market area 
        (by name and street address, including street or rural route 
        number, city, State, and 9-digit zip code), identifying those 
        subscribers whose service pursuant to paragraph (2) of 
        subsection (a) has been added or dropped since the last 
        submission under this subsection.''.
    (d) No Royalty Fee for Certain Secondary Transmissions.--Section 
122(c) is amended--
        (1) in the heading, by inserting ``for Certain Secondary 
    Transmissions'' after ``Required''; and
        (2) by striking ``subsection (a)'' and inserting ``paragraphs 
    (1), (2), and (3) of subsection (a)''.
    (e)  Violations for Territorial Restrictions.--
        (1) Modification to statutory damages.--Section 122(f) is 
    amended--
            (A) in paragraph (1)(B), by striking ``$5'' and inserting 
        ``$250''; and
            (B) in paragraph (2), by striking ``$250,000'' each place 
        it appears and inserting ``$2,500,000''.
        (2) Conforming amendments for additional stations.--Section 122 
    is amended--
            (A) in subsection (f), by striking ``section 119 or'' each 
        place it appears and inserting the following: ``section 119, 
        subject to statutory licensing by reason of paragraph (2)(A), 
        (3), or (4) of subsection (a), or subject to''; and
            (B) in subsection (g), by striking ``section 119 or'' and 
        inserting the following: ``section 119, paragraph (2)(A), (3), 
        or (4) of subsection (a), or''.
    (f) Definitions.--Section 122(j) is amended--
        (1) in paragraph (1), by striking ``which contracts'' and 
    inserting ``that contracts'';
        (2) by redesignating paragraphs (4) and (5) as paragraphs (6) 
    and (7), respectively;
        (3) in paragraph (3)--
            (A) by redesignating such paragraph as paragraph (4);
            (B) in the heading of such paragraph, by inserting ``non-
        network station;'' after ``Network station;''; and
            (C) by inserting ```non-network station','' after 
        ```network station','';
        (4) by inserting after paragraph (2) the following:
        ``(3) Low power television station.--The term `low power 
    television station' means a low power TV station as defined in 
    section 74.701(f) of title 47, Code of Federal Regulations, as in 
    effect on June 1, 2004. For purposes of this paragraph, the term 
    `low power television station' includes a low power television 
    station that has been accorded primary status as a Class A 
    television licensee under section 73.6001(a) of title 47, Code of 
    Federal Regulations.'';
        (5) by inserting after paragraph (4) (as redesignated) the 
    following:
        ``(5) Noncommercial educational broadcast station.--The term 
    `noncommercial educational broadcast station' means a television 
    broadcast station that is a noncommercial educational broadcast 
    station as defined in section 397 of the Communications Act of 
    1934, as in effect on the date of the enactment of the Satellite 
    Television Extension and Localism Act of 2010.''; and
        (6) by amending paragraph (6) (as redesignated) to read as 
    follows:
        ``(6) Subscriber.--The term `subscriber' means a person or 
    entity that receives a secondary transmission service from a 
    satellite carrier and pays a fee for the service, directly or 
    indirectly, to the satellite carrier or to a distributor.''.
    SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY TRANSMISSION 
      RIGHTS UNDER SECTION 111.
    (a) Heading Renamed.--
        (1) In general.--The heading of section 111 is amended by 
    inserting at the end the following: ``of broadcast programming by 
    cable''.
        (2) Table of contents.--The table of contents for chapter 1 is 
    amended by striking the item relating to section 111 and inserting 
    the following:

``111. Limitations on exclusive rights: Secondary transmissions of 
          broadcast programming by cable.''.

    (b) Technical Amendment.--Section 111(a)(4) is amended by striking 
``; or'' and inserting ``or section 122;''.
    (c) Statutory License for Secondary Transmissions by Cable 
Systems.--Section 111(d) is amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A)--
                (i) by striking ``A cable system whose secondary'' and 
            inserting the following: ``Statement of account and royalty 
            fees.--Subject to paragraph (5), a cable system whose 
            secondary''; and
                (ii) by striking ``by regulation--'' and inserting ``by 
            regulation the following:'';
            (B) in subparagraph (A)--
                (i) by striking ``a statement of account'' and 
            inserting ``A statement of account''; and
                (ii) by striking ``; and'' and inserting a period; and
            (C) by striking subparagraphs (B), (C), and (D) and 
        inserting the following:
            ``(B) Except in the case of a cable system whose royalty 
        fee is specified in subparagraph (E) or (F), a total royalty 
        fee payable to copyright owners pursuant to paragraph (3) for 
        the period covered by the statement, computed on the basis of 
        specified percentages of the gross receipts from subscribers to 
        the cable service during such period for the basic service of 
        providing secondary transmissions of primary broadcast 
        transmitters, as follows:
                ``(i) 1.064 percent of such gross receipts for the 
            privilege of further transmitting, beyond the local service 
            area of such primary transmitter, any non-network 
            programming of a primary transmitter in whole or in part, 
            such amount to be applied against the fee, if any, payable 
            pursuant to clauses (ii) through (iv);
                ``(ii) 1.064 percent of such gross receipts for the 
            first distant signal equivalent;
                ``(iii) 0.701 percent of such gross receipts for each 
            of the second, third, and fourth distant signal 
            equivalents; and
                ``(iv) 0.330 percent of such gross receipts for the 
            fifth distant signal equivalent and each distant signal 
            equivalent thereafter.
            ``(C) In computing amounts under clauses (ii) through (iv) 
        of subparagraph (B)--
                ``(i) any fraction of a distant signal equivalent shall 
            be computed at its fractional value;
                ``(ii) in the case of any cable system located partly 
            within and partly outside of the local service area of a 
            primary transmitter, gross receipts shall be limited to 
            those gross receipts derived from subscribers located 
            outside of the local service area of such primary 
            transmitter; and
                ``(iii) if a cable system provides a secondary 
            transmission of a primary transmitter to some but not all 
            communities served by that cable system--

                    ``(I) the gross receipts and the distant signal 
                equivalent values for such secondary transmission shall 
                be derived solely on the basis of the subscribers in 
                those communities where the cable system provides such 
                secondary transmission; and
                    ``(II) the total royalty fee for the period paid by 
                such system shall not be less than the royalty fee 
                calculated under subparagraph (B)(i) multiplied by the 
                gross receipts from all subscribers to the system.

            ``(D) A cable system that, on a statement submitted before 
        the date of the enactment of the Satellite Television Extension 
        and Localism Act of 2010, computed its royalty fee consistent 
        with the methodology under subparagraph (C)(iii), or that 
        amends a statement filed before such date of enactment to 
        compute the royalty fee due using such methodology, shall not 
        be subject to an action for infringement, or eligible for any 
        royalty refund or offset, arising out of its use of such 
        methodology on such statement.
            ``(E) If the actual gross receipts paid by subscribers to a 
        cable system for the period covered by the statement for the 
        basic service of providing secondary transmissions of primary 
        broadcast transmitters are $263,800 or less--
                ``(i) gross receipts of the cable system for the 
            purpose of this paragraph shall be computed by subtracting 
            from such actual gross receipts the amount by which 
            $263,800 exceeds such actual gross receipts, except that in 
            no case shall a cable system's gross receipts be reduced to 
            less than $10,400; and
                ``(ii) the royalty fee payable under this paragraph to 
            copyright owners pursuant to paragraph (3) shall be 0.5 
            percent, regardless of the number of distant signal 
            equivalents, if any.
            ``(F) If the actual gross receipts paid by subscribers to a 
        cable system for the period covered by the statement for the 
        basic service of providing secondary transmissions of primary 
        broadcast transmitters are more than $263,800 but less than 
        $527,600, the royalty fee payable under this paragraph to 
        copyright owners pursuant to paragraph (3) shall be--
                ``(i) 0.5 percent of any gross receipts up to $263,800, 
            regardless of the number of distant signal equivalents, if 
            any; and
                ``(ii) 1 percent of any gross receipts in excess of 
            $263,800, but less than $527,600, regardless of the number 
            of distant signal equivalents, if any.
            ``(G) A filing fee, as determined by the Register of 
        Copyrights pursuant to section 708(a).'';
        (2) in paragraph (2), in the first sentence--
            (A) by striking ``The Register of Copyrights'' and 
        inserting the following ``Handling of fees.--The Register of 
        Copyrights''; and
            (B) by inserting ``(including the filing fee specified in 
        paragraph (1)(G))'' after ``shall receive all fees'';
        (3) in paragraph (3)--
            (A) by striking ``The royalty fees'' and inserting the 
        following: ``Distribution of royalty fees to copyright 
        owners.--The royalty fees'';
            (B) in subparagraph (A)--
                (i) by striking ``any such'' and inserting ``Any 
            such''; and
                (ii) by striking ``; and'' and inserting a period;
            (C) in subparagraph (B)--
                (i) by striking ``any such'' and inserting ``Any 
            such''; and
                (ii) by striking the semicolon and inserting a period; 
            and
            (D) in subparagraph (C), by striking ``any such'' and 
        inserting ``Any such'';
        (4) in paragraph (4), by striking ``The royalty fees'' and 
    inserting the following: ``Procedures for royalty fee 
    distribution.--The royalty fees''; and
        (5) by adding at the end the following new paragraphs:
        ``(5) 3.75 percent rate and syndicated exclusivity surcharge 
    not applicable to multicast streams.--The royalty rates specified 
    in sections 256.2(c) and 256.2(d) of title 37, Code of Federal 
    Regulations (commonly referred to as the `3.75 percent rate' and 
    the `syndicated exclusivity surcharge', respectively), as in effect 
    on the date of the enactment of the Satellite Television Extension 
    and Localism Act of 2010, as such rates may be adjusted, or such 
    sections redesignated, thereafter by the Copyright Royalty Judges, 
    shall not apply to the secondary transmission of a multicast 
    stream.
        ``(6) Verification of accounts and fee payments.--The Register 
    of Copyrights shall issue regulations to provide for the 
    confidential verification by copyright owners whose works were 
    embodied in the secondary transmissions of primary transmissions 
    pursuant to this section of the information reported on the 
    semiannual statements of account filed under this subsection for 
    accounting periods beginning on or after January 1, 2010, in order 
    that the auditor designated under subparagraph (A) is able to 
    confirm the correctness of the calculations and royalty payments 
    reported therein. The regulations shall--
            ``(A) establish procedures for the designation of a 
        qualified independent auditor--
                ``(i) with exclusive authority to request verification 
            of such a statement of account on behalf of all copyright 
            owners whose works were the subject of secondary 
            transmissions of primary transmissions by the cable system 
            (that deposited the statement) during the accounting period 
            covered by the statement; and
                ``(ii) who is not an officer, employee, or agent of any 
            such copyright owner for any purpose other than such audit;
            ``(B) establish procedures for safeguarding all non-public 
        financial and business information provided under this 
        paragraph;
            ``(C)(i) require a consultation period for the independent 
        auditor to review its conclusions with a designee of the cable 
        system;
            ``(ii) establish a mechanism for the cable system to remedy 
        any errors identified in the auditor's report and to cure any 
        underpayment identified; and
            ``(iii) provide an opportunity to remedy any disputed facts 
        or conclusions;
            ``(D) limit the frequency of requests for verification for 
        a particular cable system and the number of audits that a 
        multiple system operator can be required to undergo in a single 
        year; and
            ``(E) permit requests for verification of a statement of 
        account to be made only within 3 years after the last day of 
        the year in which the statement of account is filed.
        ``(7) Acceptance of additional deposits.--Any royalty fee 
    payments received by the Copyright Office from cable systems for 
    the secondary transmission of primary transmissions that are in 
    addition to the payments calculated and deposited in accordance 
    with this subsection shall be deemed to have been deposited for the 
    particular accounting period for which they are received and shall 
    be distributed as specified under this subsection.''.
    (d) Effective Date of New Royalty Fee Rates.--The royalty fee rates 
established in section 111(d)(1)(B) of title 17, United States Code, as 
amended by subsection (c)(1)(C) of this section, shall take effect 
commencing with the first accounting period occurring in 2010.
    (e) Definitions.--Section 111(f) is amended--
        (1) by striking the first undesignated paragraph and inserting 
    the following:
        ``(1) Primary transmission.--A `primary transmission' is a 
    transmission made to the public by a transmitting facility whose 
    signals are being received and further transmitted by a secondary 
    transmission service, regardless of where or when the performance 
    or display was first transmitted. In the case of a television 
    broadcast station, the primary stream and any multicast streams 
    transmitted by the station constitute primary transmissions.'';
        (2) in the second undesignated paragraph--
            (A) by striking ``A `secondary transmission''' and 
        inserting the following:
        ``(2) Secondary transmission.--A `secondary transmission'''; 
    and
            (B) by striking ```cable system''' and inserting ``cable 
        system'';
        (3) in the third undesignated paragraph--
            (A) by striking ``A `cable system''' and inserting the 
        following:
        ``(3) Cable system.--A `cable system'''; and
            (B) by striking ``Territory, Trust Territory, or 
        Possession'' and inserting ``territory, trust territory, or 
        possession of the United States'';
        (4) in the fourth undesignated paragraph, in the first 
    sentence--
            (A) by striking ``The `local service area of a primary 
        transmitter', in the case of a television broadcast station, 
        comprises the area in which such station is entitled to 
        insist'' and inserting the following:
        ``(4) Local service area of a primary transmitter.--The `local 
    service area of a primary transmitter', in the case of both the 
    primary stream and any multicast streams transmitted by a primary 
    transmitter that is a television broadcast station, comprises the 
    area where such primary transmitter could have insisted'';
            (B) by striking ``76.59 of title 47 of the Code of Federal 
        Regulations'' and inserting the following: ``76.59 of title 47, 
        Code of Federal Regulations, or within the noise-limited 
        contour as defined in 73.622(e)(1) of title 47, Code of Federal 
        Regulations''; and
            (C) by striking ``as defined by the rules and regulations 
        of the Federal Communications Commission,'';
        (5) by amending the fifth undesignated paragraph to read as 
    follows:
        ``(5) Distant signal equivalent.--
            ``(A) In general.--Except as provided under subparagraph 
        (B), a `distant signal equivalent'--
                ``(i) is the value assigned to the secondary 
            transmission of any non-network television programming 
            carried by a cable system in whole or in part beyond the 
            local service area of the primary transmitter of such 
            programming; and
                ``(ii) is computed by assigning a value of one to each 
            primary stream and to each multicast stream (other than a 
            simulcast) that is an independent station, and by assigning 
            a value of one-quarter to each primary stream and to each 
            multicast stream (other than a simulcast) that is a network 
            station or a noncommercial educational station.
            ``(B) Exceptions.--The values for independent, network, and 
        noncommercial educational stations specified in subparagraph 
        (A) are subject to the following:
                ``(i) Where the rules and regulations of the Federal 
            Communications Commission require a cable system to omit 
            the further transmission of a particular program and such 
            rules and regulations also permit the substitution of 
            another program embodying a performance or display of a 
            work in place of the omitted transmission, or where such 
            rules and regulations in effect on the date of the 
            enactment of the Copyright Act of 1976 permit a cable 
            system, at its election, to effect such omission and 
            substitution of a nonlive program or to carry additional 
            programs not transmitted by primary transmitters within 
            whose local service area the cable system is located, no 
            value shall be assigned for the substituted or additional 
            program.
                ``(ii) Where the rules, regulations, or authorizations 
            of the Federal Communications Commission in effect on the 
            date of the enactment of the Copyright Act of 1976 permit a 
            cable system, at its election, to omit the further 
            transmission of a particular program and such rules, 
            regulations, or authorizations also permit the substitution 
            of another program embodying a performance or display of a 
            work in place of the omitted transmission, the value 
            assigned for the substituted or additional program shall 
            be, in the case of a live program, the value of one full 
            distant signal equivalent multiplied by a fraction that has 
            as its numerator the number of days in the year in which 
            such substitution occurs and as its denominator the number 
            of days in the year.
                ``(iii) In the case of the secondary transmission of a 
            primary transmitter that is a television broadcast station 
            pursuant to the late-night or specialty programming rules 
            of the Federal Communications Commission, or the secondary 
            transmission of a primary transmitter that is a television 
            broadcast station on a part-time basis where full-time 
            carriage is not possible because the cable system lacks the 
            activated channel capacity to retransmit on a full-time 
            basis all signals that it is authorized to carry, the 
            values for independent, network, and noncommercial 
            educational stations set forth in subparagraph (A), as the 
            case may be, shall be multiplied by a fraction that is 
            equal to the ratio of the broadcast hours of such primary 
            transmitter retransmitted by the cable system to the total 
            broadcast hours of the primary transmitter.
                ``(iv) No value shall be assigned for the secondary 
            transmission of the primary stream or any multicast streams 
            of a primary transmitter that is a television broadcast 
            station in any community that is within the local service 
            area of the primary transmitter.'';
        (6) by striking the sixth undesignated paragraph and inserting 
    the following:
        ``(6) Network station.--
            ``(A) Treatment of primary stream.--The term `network 
        station' shall be applied to a primary stream of a television 
        broadcast station that is owned or operated by, or affiliated 
        with, one or more of the television networks in the United 
        States providing nationwide transmissions, and that transmits a 
        substantial part of the programming supplied by such networks 
        for a substantial part of the primary stream's typical 
        broadcast day.
            ``(B) Treatment of multicast streams.--The term `network 
        station' shall be applied to a multicast stream on which a 
        television broadcast station transmits all or substantially all 
        of the programming of an interconnected program service that--
                ``(i) is owned or operated by, or affiliated with, one 
            or more of the television networks described in 
            subparagraph (A); and
                ``(ii) offers programming on a regular basis for 15 or 
            more hours per week to at least 25 of the affiliated 
            television licensees of the interconnected program service 
            in 10 or more States.'';
        (7) by striking the seventh undesignated paragraph and 
    inserting the following:
        ``(7) Independent station.--The term `independent station' 
    shall be applied to the primary stream or a multicast stream of a 
    television broadcast station that is not a network station or a 
    noncommercial educational station.'';
        (8) by striking the eighth undesignated paragraph and inserting 
    the following:
        ``(8) Noncommercial educational station.--The term 
    `noncommercial educational station' shall be applied to the primary 
    stream or a multicast stream of a television broadcast station that 
    is a noncommercial educational broadcast station as defined in 
    section 397 of the Communications Act of 1934, as in effect on the 
    date of the enactment of the Satellite Television Extension and 
    Localism Act of 2010.''; and
        (9) by adding at the end the following:
        ``(9) Primary stream.--A `primary stream' is--
            ``(A) the single digital stream of programming that, before 
        June 12, 2009, was substantially duplicating the programming 
        transmitted by the television broadcast station as an analog 
        signal; or
            ``(B) if there is no stream described in subparagraph (A), 
        then the single digital stream of programming transmitted by 
        the television broadcast station for the longest period of 
        time.
        ``(10) Primary transmitter.--A `primary transmitter' is a 
    television or radio broadcast station licensed by the Federal 
    Communications Commission, or by an appropriate governmental 
    authority of Canada or Mexico, that makes primary transmissions to 
    the public.
        ``(11) Multicast stream.--A `multicast stream' is a digital 
    stream of programming that is transmitted by a television broadcast 
    station and is not the station's primary stream.
        ``(12) Simulcast.--A `simulcast' is a multicast stream of a 
    television broadcast station that duplicates the programming 
    transmitted by the primary stream or another multicast stream of 
    such station.
        ``(13) Subscriber; subscribe.--
            ``(A) Subscriber.--The term `subscriber' means a person or 
        entity that receives a secondary transmission service from a 
        cable system and pays a fee for the service, directly or 
        indirectly, to the cable system.
            ``(B) Subscribe.--The term `subscribe' means to elect to 
        become a subscriber.''.
    (f) Timing of Section 111 Proceedings.--Section 804(b)(1) is 
amended by striking ``2005'' each place it appears and inserting 
``2015''.
    (g) Technical and Conforming Amendments.--
        (1) Corrections to fix level designations.--Section 111 is 
    amended--
            (A) in subsections (a), (c), and (e), by striking 
        ``clause'' each place it appears and inserting ``paragraph'';
            (B) in subsection (c)(1), by striking ``clauses'' and 
        inserting ``paragraphs''; and
            (C) in subsection (e)(1)(F), by striking ``subclause'' and 
        inserting ``subparagraph''.
        (2) Conforming amendment to hyphenate nonnetwork.--Section 111 
    is amended by striking ``nonnetwork'' each place it appears and 
    inserting ``non-network''.
        (3) Previously undesignated paragraph.--Section 111(e)(1) is 
    amended by striking ``second paragraph of subsection (f)'' and 
    inserting ``subsection (f)(2)''.
        (4) Removal of superfluous ands.--Section 111(e) is amended--
            (A) in paragraph (1)(A), by striking ``and'' at the end;
            (B) in paragraph (1)(B), by striking ``and'' at the end;
            (C) in paragraph (1)(C), by striking ``and'' at the end;
            (D) in paragraph (1)(D), by striking ``and'' at the end; 
        and
            (E) in paragraph (2)(A), by striking ``and'' at the end.
        (5) Removal of variant forms references.--Section 111 is 
    amended--
            (A) in subsection (e)(4), by striking ``, and each of its 
        variant forms,''; and
            (B) in subsection (f), by striking ``and their variant 
        forms''.
        (6) Correction to territory reference.--Section 111(e)(2) is 
    amended in the matter preceding subparagraph (A) by striking 
    ``three territories'' and inserting ``five entities''.
    (h) Effective Date With Respect to Multicast Streams.--
        (1) In general.--Subject to paragraphs (2) and (3), the 
    amendments made by this section, to the extent such amendments 
    assign a distant signal equivalent value to the secondary 
    transmission of the multicast stream of a primary transmitter, 
    shall take effect on the date of the enactment of this Act.
        (2) Delayed applicability.--
            (A) Secondary transmissions of a multicast stream beyond 
        the local service area of its primary transmitter before 2010 
        act.--In any case in which a cable system was making secondary 
        transmissions of a multicast stream beyond the local service 
        area of its primary transmitter before the date of the 
        enactment of this Act, a distant signal equivalent value 
        (referred to in paragraph (1)) shall not be assigned to 
        secondary transmissions of such multicast stream that are made 
        on or before June 30, 2010.
            (B) Multicast streams subject to preexisting written 
        agreements for the secondary transmission of such streams.--In 
        any case in which the secondary transmission of a multicast 
        stream of a primary transmitter is the subject of a written 
        agreement entered into on or before June 30, 2009, between a 
        cable system or an association representing the cable system 
        and a primary transmitter or an association representing the 
        primary transmitter, a distant signal equivalent value 
        (referred to in paragraph (1)) shall not be assigned to 
        secondary transmissions of such multicast stream beyond the 
        local service area of its primary transmitter that are made on 
        or before the date on which such written agreement expires.
            (C) No refunds or offsets for prior statements of 
        account.--A cable system that has reported secondary 
        transmissions of a multicast stream beyond the local service 
        area of its primary transmitter on a statement of account 
        deposited under section 111 of title 17, United States Code, 
        before the date of the enactment of this Act shall not be 
        entitled to any refund, or offset, of royalty fees paid on 
        account of such secondary transmissions of such multicast 
        stream.
        (3) Definitions.--In this subsection, the terms ``cable 
    system'', ``secondary transmission'', ``multicast stream'', and 
    ``local service area of a primary transmitter'' have the meanings 
    given those terms in section 111(f) of title 17, United States 
    Code, as amended by this section.
    SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO-LOCAL 
      SERVICE FOR ALL DMAS.
    Section 119 is amended by adding at the end the following new 
subsection:
    ``(g) Certain Waivers Granted to Providers of Local-into-local 
Service to All DMAs.--
        ``(1) Injunction waiver.--A court that issued an injunction 
    pursuant to subsection (a)(7)(B) before the date of the enactment 
    of this subsection shall waive such injunction if the court 
    recognizes the entity against which the injunction was issued as a 
    qualified carrier.
        ``(2) Limited temporary waiver.--
            ``(A) In general.--Upon a request made by a satellite 
        carrier, a court that issued an injunction against such carrier 
        under subsection (a)(7)(B) before the date of the enactment of 
        this subsection shall waive such injunction with respect to the 
        statutory license provided under subsection (a)(2) to the 
        extent necessary to allow such carrier to make secondary 
        transmissions of primary transmissions made by a network 
        station to unserved households located in short markets in 
        which such carrier was not providing local service pursuant to 
        the license under section 122 as of December 31, 2009.
            ``(B) Expiration of temporary waiver.--A temporary waiver 
        of an injunction under subparagraph (A) shall expire after the 
        end of the 120-day period beginning on the date such temporary 
        waiver is issued unless extended for good cause by the court 
        making the temporary waiver.
            ``(C) Failure to provide local-into-local service to all 
        dmas.--
                ``(i) Failure to act reasonably and in good faith.--If 
            the court issuing a temporary waiver under subparagraph (A) 
            determines that the satellite carrier that made the request 
            for such waiver has failed to act reasonably or has failed 
            to make a good faith effort to provide local-into-local 
            service to all DMAs, such failure--

                    ``(I) is actionable as an act of infringement under 
                section 501 and the court may in its discretion impose 
                the remedies provided for in sections 502 through 506 
                and subsection (a)(6)(B) of this section; and
                    ``(II) shall result in the termination of the 
                waiver issued under subparagraph (A).

                ``(ii) Failure to provide local-into-local service.--If 
            the court issuing a temporary waiver under subparagraph (A) 
            determines that the satellite carrier that made the request 
            for such waiver has failed to provide local-into-local 
            service to all DMAs, but determines that the carrier acted 
            reasonably and in good faith, the court may in its 
            discretion impose financial penalties that reflect--

                    ``(I) the degree of control the carrier had over 
                the circumstances that resulted in the failure;
                    ``(II) the quality of the carrier's efforts to 
                remedy the failure; and
                    ``(III) the severity and duration of any service 
                interruption.

            ``(D) Single temporary waiver available.--An entity may 
        only receive one temporary waiver under this paragraph.
            ``(E) Short market defined.--For purposes of this 
        paragraph, the term `short market' means a local market in 
        which programming of one or more of the four most widely viewed 
        television networks nationwide as measured on the date of the 
        enactment of this subsection is not offered on the primary 
        stream transmitted by any local television broadcast station.
        ``(3) Establishment of qualified carrier recognition.--
            ``(A) Statement of eligibility.--An entity seeking to be 
        recognized as a qualified carrier under this subsection shall 
        file a statement of eligibility with the court that imposed the 
        injunction. A statement of eligibility must include--
                ``(i) an affidavit that the entity is providing local-
            into-local service to all DMAs;
                ``(ii) a motion for a waiver of the injunction;
                ``(iii) a motion that the court appoint a special 
            master under Rule 53 of the Federal Rules of Civil 
            Procedure;
                ``(iv) an agreement by the carrier to pay all expenses 
            incurred by the special master under paragraph (4)(B)(ii); 
            and
                ``(v) a certification issued pursuant to section 342(a) 
            of Communications Act of 1934.
            ``(B) Grant of recognition as a qualified carrier.--Upon 
        receipt of a statement of eligibility, the court shall 
        recognize the entity as a qualified carrier and issue the 
        waiver under paragraph (1). Upon motion pursuant to 
        subparagraph (A)(iii), the court shall appoint a special master 
        to conduct the examination and provide a report to the court as 
        provided in paragraph (4)(B).
            ``(C) Voluntary termination.--At any time, an entity 
        recognized as a qualified carrier may file a statement of 
        voluntary termination with the court certifying that it no 
        longer wishes to be recognized as a qualified carrier. Upon 
        receipt of such statement, the court shall reinstate the 
        injunction waived under paragraph (1).
            ``(D) Loss of recognition prevents future recognition.--No 
        entity may be recognized as a qualified carrier if such entity 
        had previously been recognized as a qualified carrier and 
        subsequently lost such recognition or voluntarily terminated 
        such recognition under subparagraph (C).
        ``(4) Qualified carrier obligations and compliance.--
            ``(A) Continuing obligations.--
                ``(i) In general.--An entity recognized as a qualified 
            carrier shall continue to provide local-into-local service 
            to all DMAs.
                ``(ii) Cooperation with compliance examination.--An 
            entity recognized as a qualified carrier shall fully 
            cooperate with the special master appointed by the court 
            under paragraph (3)(B) in an examination set forth in 
            subparagraph (B).
            ``(B) Qualified carrier compliance examination.--
                ``(i) Examination and report.--A special master 
            appointed by the court under paragraph (3)(B) shall conduct 
            an examination of, and file a report on, the qualified 
            carrier's compliance with the royalty payment and household 
            eligibility requirements of the license under this section. 
            The report shall address the qualified carrier's conduct 
            during the period beginning on the date on which the 
            qualified carrier is recognized as such under paragraph 
            (3)(B) and ending on April 30, 2012.
                ``(ii) Records of qualified carrier.--Beginning on the 
            date that is one year after the date on which the qualified 
            carrier is recognized as such under paragraph (3)(B), but 
            not later than December 1, 2011, the qualified carrier 
            shall provide the special master with all records that the 
            special master considers to be directly pertinent to the 
            following requirements under this section:

                    ``(I) Proper calculation and payment of royalties 
                under the statutory license under this section.
                    ``(II) Provision of service under this license to 
                eligible subscribers only.

                ``(iii) Submission of report.--The special master shall 
            file the report required by clause (i) not later than July 
            24, 2012, with the court referred to in paragraph (1) that 
            issued the injunction, and the court shall transmit a copy 
            of the report to the Register of Copyrights, the Committees 
            on the Judiciary and on Energy and Commerce of the House of 
            Representatives, and the Committees on the Judiciary and on 
            Commerce, Science, and Transportation of the Senate.
                ``(iv) Evidence of infringement.--The special master 
            shall include in the report a statement of whether the 
            examination by the special master indicated that there is 
            substantial evidence that a copyright holder could bring a 
            successful action under this section against the qualified 
            carrier for infringement.
                ``(v) Subsequent examination.--If the special master's 
            report includes a statement that its examination indicated 
            the existence of substantial evidence that a copyright 
            holder could bring a successful action under this section 
            against the qualified carrier for infringement, the special 
            master shall, not later than 6 months after the report 
            under clause (i) is filed, initiate another examination of 
            the qualified carrier's compliance with the royalty payment 
            and household eligibility requirements of the license under 
            this section since the last report was filed under clause 
            (iii). The special master shall file a report on the 
            results of the examination conducted under this clause with 
            the court referred to in paragraph (1) that issued the 
            injunction, and the court shall transmit a copy to the 
            Register of Copyrights, the Committees on the Judiciary and 
            on Energy and Commerce of the House of Representatives, and 
            the Committees on the Judiciary and on Commerce, Science, 
            and Transportation of the Senate. The report shall include 
            a statement described in clause (iv).
                ``(vi) Compliance.--Upon motion filed by an aggrieved 
            copyright owner, the court recognizing an entity as a 
            qualified carrier shall terminate such designation upon 
            finding that the entity has failed to cooperate with the 
            examinations required by this subparagraph.
                ``(vii) Oversight.--During the period of time that the 
            special master is conducting an examination under this 
            subparagraph, the Comptroller General shall monitor the 
            degree to which the entity seeking to be recognized or 
            recognized as a qualified carrier under paragraph (3) is 
            complying with the special master's examination. The 
            qualified carrier shall make available to the Comptroller 
            General all records and individuals that the Comptroller 
            General considers necessary to meet the Comptroller 
            General's obligations under this clause. The Comptroller 
            General shall report the results of the monitoring required 
            by this clause to the Committees on the Judiciary and on 
            Energy and Commerce of the House of Representatives and the 
            Committees on the Judiciary and on Commerce, Science, and 
            Transportation of the Senate at intervals of not less than 
            six months during such period.
            ``(C) Affirmation.--A qualified carrier shall file an 
        affidavit with the district court and the Register of 
        Copyrights 30 months after such status was granted stating 
        that, to the best of the affiant's knowledge, it is in 
        compliance with the requirements for a qualified carrier. The 
        qualified carrier shall attach to its affidavit copies of all 
        reports or orders issued by the court, the special master, and 
        the Comptroller General.
            ``(D) Compliance determination.--Upon the motion of an 
        aggrieved television broadcast station, the court recognizing 
        an entity as a qualified carrier may make a determination of 
        whether the entity is providing local-into-local service to all 
        DMAs.
            ``(E) Pleading requirement.--In any motion brought under 
        subparagraph (D), the party making such motion shall specify 
        one or more designated market areas (as such term is defined in 
        section 122(j)(2)(C)) for which the failure to provide service 
        is being alleged, and, for each such designated market area, 
        shall plead with particularity the circumstances of the alleged 
        failure.
            ``(F) Burden of proof.--In any proceeding to make a 
        determination under subparagraph (D), and with respect to a 
        designated market area for which failure to provide service is 
        alleged, the entity recognized as a qualified carrier shall 
        have the burden of proving that the entity provided local-into-
        local service with a good quality satellite signal to at least 
        90 percent of the households in such designated market area 
        (based on the most recent census data released by the United 
        States Census Bureau) at the time and place alleged.
        ``(5) Failure to provide service.--
            ``(A) Penalties.--If the court recognizing an entity as a 
        qualified carrier finds that such entity has willfully failed 
        to provide local-into-local service to all DMAs, such finding 
        shall result in the loss of recognition of the entity as a 
        qualified carrier and the termination of the waiver provided 
        under paragraph (1), and the court may, in its discretion--
                ``(i) treat such failure as an act of infringement 
            under section 501, and subject such infringement to the 
            remedies provided for in sections 502 through 506 and 
            subsection (a)(6)(B) of this section; and
                ``(ii) impose a fine of not less than $250,000 and not 
            more than $5,000,000.
            ``(B) Exception for nonwillful violation.--If the court 
        determines that the failure to provide local-into-local service 
        to all DMAs is nonwillful, the court may in its discretion 
        impose financial penalties for noncompliance that reflect--
                ``(i) the degree of control the entity had over the 
            circumstances that resulted in the failure;
                ``(ii) the quality of the entity's efforts to remedy 
            the failure and restore service; and
                ``(iii) the severity and duration of any service 
            interruption.
        ``(6) Penalties for violations of license.--A court that finds, 
    under subsection (a)(6)(A), that an entity recognized as a 
    qualified carrier has willfully made a secondary transmission of a 
    primary transmission made by a network station and embodying a 
    performance or display of a work to a subscriber who is not 
    eligible to receive the transmission under this section shall 
    reinstate the injunction waived under paragraph (1), and the court 
    may order statutory damages of not more than $2,500,000.
        ``(7) Local-into-local service to all dmas defined.--For 
    purposes of this subsection:
            ``(A) In general.--An entity provides `local-into-local 
        service to all DMAs' if the entity provides local service in 
        all designated market areas (as such term is defined in section 
        122(j)(2)(C)) pursuant to the license under section 122.
            ``(B) Household coverage.--For purposes of subparagraph 
        (A), an entity that makes available local-into-local service 
        with a good quality satellite signal to at least 90 percent of 
        the households in a designated market area based on the most 
        recent census data released by the United States Census Bureau 
        shall be considered to be providing local service to such 
        designated market area.
            ``(C) Good quality satellite signal defined.--The term 
        `good quality satellite signal' has the meaning given such term 
        under section 342(e)(2) of Communications Act of 1934.''.
    SEC. 106. COPYRIGHT OFFICE FEES.
    Section 708(a) is amended--
        (1) in paragraph (8), by striking ``and'' after the semicolon;
        (2) in paragraph (9), by striking the period and inserting a 
    semicolon;
        (3) by inserting after paragraph (9) the following:
        ``(10) on filing a statement of account based on secondary 
    transmissions of primary transmissions pursuant to section 119 or 
    122; and
        ``(11) on filing a statement of account based on secondary 
    transmissions of primary transmissions pursuant to section 111.''; 
    and
        (4) by adding at the end the following new sentence: ``Fees 
    established under paragraphs (10) and (11) shall be reasonable and 
    may not exceed one-half of the cost necessary to cover reasonable 
    expenses incurred by the Copyright Office for the collection and 
    administration of the statements of account and any royalty fees 
    deposited with such statements.''.
    SEC. 107. TERMINATION OF LICENSE.
    (a) Termination.--Section 119 of title 17, United States Code, as 
amended by this Act, shall cease to be effective on December 31, 2014.
    (b) Conforming Amendment.--Section 1003(a)(2)(A) of Public Law 111-
118 (17 U.S.C. 119 note) is repealed.
    SEC. 108. CONSTRUCTION.
    Nothing in section 111, 119, or 122 of title 17, United States 
Code, including the amendments made to such sections by this title, 
shall be construed to affect the meaning of any terms under the 
Communications Act of 1934, except to the extent that such sections are 
specifically cross-referenced in such Act or the regulations issued 
thereunder.

                  TITLE II--COMMUNICATIONS PROVISIONS

    SEC. 201. REFERENCE.
    Except as otherwise provided, whenever in this title an amendment 
is made to a section or other provision, the reference shall be 
considered to be made to such section or provision of the 
Communications Act of 1934 (47 U.S.C. 151 et seq.).
    SEC. 202. EXTENSION OF AUTHORITY.
    Section 325(b) is amended--
        (1) in paragraph (2)(C), by striking ``May 31, 2010'' and 
    inserting ``December 31, 2014''; and
        (2) in paragraph (3)(C), by striking ``June 1, 2010'' each 
    place it appears in clauses (ii) and (iii) and inserting ``January 
    1, 2015''.
    SEC. 203. SIGNIFICANTLY VIEWED STATIONS.
    (a) In General.--Paragraphs (1) and (2) of section 340(b) are 
amended to read as follows:
        ``(1) Service limited to subscribers taking local-into-local 
    service.--This section shall apply only to retransmissions to 
    subscribers of a satellite carrier who receive retransmissions of a 
    signal from that satellite carrier pursuant to section 338.
        ``(2) Service limitations.--A satellite carrier may retransmit 
    to a subscriber in high definition format the signal of a station 
    determined by the Commission to be significantly viewed under 
    subsection (a) only if such carrier also retransmits in high 
    definition format the signal of a station located in the local 
    market of such subscriber and affiliated with the same network 
    whenever such format is available from such station.''.
    (b) Rulemaking Required.--Within 270 days after the date of the 
enactment of this Act, the Federal Communications Commission shall take 
all actions necessary to promulgate a rule to implement the amendments 
made by subsection (a).
    SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.
    (a) Section 338.--Section 338 is amended--
        (1) in subsection (a), by striking ``(3)  effective date.--No 
    satellite'' and all that follows through ``until January 1, 
    2002.''; and
        (2) by amending subsection (g) to read as follows:
    ``(g) Carriage of Local Stations on a Single Reception Antenna.--
        ``(1) Single reception antenna.--Each satellite carrier that 
    retransmits the signals of local television broadcast stations in a 
    local market shall retransmit such stations in such market so that 
    a subscriber may receive such stations by means of a single 
    reception antenna and associated equipment.
        ``(2) Additional reception antenna.--If the carrier retransmits 
    the signals of local television broadcast stations in a local 
    market in high definition format, the carrier shall retransmit such 
    signals in such market so that a subscriber may receive such 
    signals by means of a single reception antenna and associated 
    equipment, but such antenna and associated equipment may be 
    separate from the single reception antenna and associated equipment 
    used to comply with paragraph (1).''.
    (b) Section 339.--Section 339 is amended--
        (1) in subsection (a)--
            (A) in paragraph (1)(B), by striking ``Such two network 
        stations'' and all that follows through ``more than two network 
        stations.''; and
            (B) in paragraph (2)--
                (i) in the heading for subparagraph (A), by striking 
            ``to analog signals'';
                (ii) in subparagraph (A)--

                    (I) in the heading for clause (i), by striking 
                ``analog'';
                    (II) in clause (i)--

                        (aa) by striking ``analog'' each place it 
                    appears; and
                        (bb) by striking ``October 1, 2004'' and 
                    inserting ``October 1, 2009'';

                    (III) in the heading for clause (ii), by striking 
                ``analog''; and
                    (IV) in clause (ii)--

                        (aa) by striking ``analog'' each place it 
                    appears; and
                        (bb) by striking ``2004'' and inserting 
                    ``2009'';
                (iii) by amending subparagraph (B) to read as follows:
            ``(B) Rules for other subscribers.--
                ``(i) In general.--In the case of a subscriber of a 
            satellite carrier who is eligible to receive the signal of 
            a network station under this section (in this subparagraph 
            referred to as a `distant signal'), other than subscribers 
            to whom subparagraph (A) applies, the following shall 
            apply:

                    ``(I) In a case in which the satellite carrier 
                makes available to that subscriber, on January 1, 2005, 
                the signal of a local network station affiliated with 
                the same television network pursuant to section 338, 
                the carrier may only provide the secondary 
                transmissions of the distant signal of a station 
                affiliated with the same network to that subscriber if 
                the subscriber's satellite carrier, not later than 
                March 1, 2005, submits to that television network the 
                list and statement required by subparagraph (F)(i).
                    ``(II) In a case in which the satellite carrier 
                does not make available to that subscriber, on January 
                1, 2005, the signal of a local network station pursuant 
                to section 338, the carrier may only provide the 
                secondary transmissions of the distant signal of a 
                station affiliated with the same network to that 
                subscriber if--

                        ``(aa) that subscriber seeks to subscribe to 
                    such distant signal before the date on which such 
                    carrier commences to carry pursuant to section 338 
                    the signals of stations from the local market of 
                    such local network station; and
                        ``(bb) the satellite carrier, within 60 days 
                    after such date, submits to each television network 
                    the list and statement required by subparagraph 
                    (F)(ii).
                ``(ii) Special circumstances.--A subscriber of a 
            satellite carrier who was lawfully receiving the distant 
            signal of a network station on the day before the date of 
            enactment of the Satellite Television Extension and 
            Localism Act of 2010 may receive both such distant signal 
            and the local signal of a network station affiliated with 
            the same network until such subscriber chooses to no longer 
            receive such distant signal from such carrier, whether or 
            not such subscriber elects to subscribe to such local 
            signal.'';
                (iv) in subparagraph (C)--

                    (I) by striking ``analog'';
                    (II) in clause (i), by striking ``the Satellite 
                Home Viewer Extension and Reauthorization Act of 2004; 
                and'' and inserting the following:

            ``the Satellite Television Extension and Localism Act of 
            2010 and, at the time such person seeks to subscribe to 
            receive such secondary transmission, resides in a local 
            market where the satellite carrier makes available to that 
            person the signal of a local network station affiliated 
            with the same television network pursuant to section 338 
            (and the retransmission of such signal by such carrier can 
            reach such subscriber); or''; and

                    (III) by amending clause (ii) to read as follows:

                ``(ii) lawfully subscribes to and receives a distant 
            signal on or after the date of enactment of the Satellite 
            Television Extension and Localism Act of 2010, and, 
            subsequent to such subscription, the satellite carrier 
            makes available to that subscriber the signal of a local 
            network station affiliated with the same network as the 
            distant signal (and the retransmission of such signal by 
            such carrier can reach such subscriber), unless such person 
            subscribes to the signal of the local network station 
            within 60 days after such signal is made available.'';
                (v) in subparagraph (D)--

                    (I) in the heading, by striking ``digital'';
                    (II) by striking clauses (i), (iii) through (v), 
                (vii) through (ix), and (xi);
                    (III) by redesignating clause (vi) as clause (i) 
                and transferring such clause to appear before clause 
                (ii);
                    (IV) by amending such clause (i) (as so 
                redesignated) to read as follows:

                ``(i) Eligibility and signal testing.--A subscriber of 
            a satellite carrier shall be eligible to receive a distant 
            signal of a network station affiliated with the same 
            network under this section if, with respect to a local 
            network station, such subscriber--

                    ``(I) is a subscriber whose household is not 
                predicted by the model specified in subsection (c)(3) 
                to receive the signal intensity required under section 
                73.622(e)(1) or, in the case of a low-power station or 
                translator station transmitting an analog signal, 
                section 73.683(a) of title 47, Code of Federal 
                Regulations, or a successor regulation;
                    ``(II) is determined, based on a test conducted in 
                accordance with section 73.686(d) of title 47, Code of 
                Federal Regulations, or any successor regulation, not 
                to be able to receive a signal that exceeds the signal 
                intensity standard in section 73.622(e)(1) or, in the 
                case of a low-power station or translator station 
                transmitting an analog signal, section 73.683(a) of 
                such title, or a successor regulation; or
                    ``(III) is in an unserved household, as determined 
                under section 119(d)(10)(A) of title 17, United States 
                Code.'';
                    (V) in clause (ii)--

                        (aa) by striking ``digital'' in the heading;
                        (bb) by striking ``digital'' the first two 
                    places such term appears;
                        (cc) by striking ``Satellite Home Viewer 
                    Extension and Reauthorization Act of 2004'' and 
                    inserting ``Satellite Television Extension and 
                    Localism Act of 2010''; and
                        (dd) by striking ``, whether or not such 
                    subscriber elects to subscribe to local digital 
                    signals'';

                    (VI) by inserting after clause (ii) the following 
                new clause:

                ``(iii) Time-shifting prohibited.--In a case in which 
            the satellite carrier makes available to an eligible 
            subscriber under this subparagraph the signal of a local 
            network station pursuant to section 338, the carrier may 
            only provide the distant signal of a station affiliated 
            with the same network to that subscriber if, in the case of 
            any local market in the 48 contiguous States of the United 
            States, the distant signal is the secondary transmission of 
            a station whose prime time network programming is generally 
            broadcast simultaneously with, or later than, the prime 
            time network programming of the affiliate of the same 
            network in the local market.''; and

                    (VII) by redesignating clause (x) as clause (iv); 
                and

                (vi) in subparagraph (E), by striking ``distant analog 
            signal or'' and all that follows through ``(B), or (D))'' 
            and inserting ``distant signal'';
        (2) in subsection (c)--
            (A) by amending paragraph (3) to read as follows:
        ``(3) Establishment of improved predictive model and on-
    location testing required.--
            ``(A) Predictive model.--Within 270 days after the date of 
        the enactment of the Satellite Television Extension and 
        Localism Act of 2010, the Commission shall develop and 
        prescribe by rule a point-to-point predictive model for 
        reliably and presumptively determining the ability of 
        individual locations, through the use of an antenna, to receive 
        signals in accordance with the signal intensity standard in 
        section 73.622(e)(1) of title 47, Code of Federal Regulations, 
        or a successor regulation, including to account for the 
        continuing operation of translator stations and low power 
        television stations. In prescribing such model, the Commission 
        shall rely on the Individual Location Longley-Rice model set 
        forth by the Commission in CS Docket No. 98-201, as previously 
        revised with respect to analog signals, and as recommended by 
        the Commission with respect to digital signals in its Report to 
        Congress in ET Docket No. 05-182, FCC 05-199 (released December 
        9, 2005). The Commission shall establish procedures for the 
        continued refinement in the application of the model by the use 
        of additional data as it becomes available.
            ``(B) On-location testing.--The Commission shall issue an 
        order completing its rulemaking proceeding in ET Docket No. 06-
        94 within 270 days after the date of enactment of the Satellite 
        Television Extension and Localism Act of 2010. In conducting 
        such rulemaking, the Commission shall seek ways to minimize 
        consumer burdens associated with on-location testing.'';
            (B) by amending paragraph (4)(A) to read as follows:
            ``(A) In general.--If a subscriber's request for a waiver 
        under paragraph (2) is rejected and the subscriber submits to 
        the subscriber's satellite carrier a request for a test 
        verifying the subscriber's inability to receive a signal of the 
        signal intensity referenced in clause (i) of subsection 
        (a)(2)(D), the satellite carrier and the network station or 
        stations asserting that the retransmission is prohibited with 
        respect to that subscriber shall select a qualified and 
        independent person to conduct the test referenced in such 
        clause. Such test shall be conducted within 30 days after the 
        date the subscriber submits a request for the test. If the 
        written findings and conclusions of a test conducted in 
        accordance with such clause demonstrate that the subscriber 
        does not receive a signal that meets or exceeds the requisite 
        signal intensity standard in such clause, the subscriber shall 
        not be denied the retransmission of a signal of a network 
        station under section 119(d)(10)(A) of title 17, United States 
        Code.'';
            (C) in paragraph (4)(B), by striking ``the signal 
        intensity'' and all that follows through ``United States Code'' 
        and inserting ``such requisite signal intensity standard''; and
            (D) in paragraph (4)(E), by striking ``Grade B intensity''.
    (c) Section 340.--Section 340(i) is amended by striking paragraph 
(4).
    SEC. 205. APPLICATION PENDING COMPLETION OF RULEMAKINGS.
    (a) In General.--During the period beginning on the date of the 
enactment of this Act and ending on the date on which the Federal 
Communications Commission adopts rules pursuant to the amendments to 
the Communications Act of 1934 made by section 203 and section 204 of 
this title, the Federal Communications Commission shall follow its 
rules and regulations promulgated pursuant to sections 338, 339, and 
340 of the Communications Act of 1934 as in effect on the day before 
the date of the enactment of this Act.
    (b) Translator Stations and Low Power Television Stations.--
Notwithstanding subsection (a), for purposes of determining whether a 
subscriber within the local market served by a translator station or a 
low power television station affiliated with a television network is 
eligible to receive distant signals under section 339 of the 
Communications Act of 1934, the rules and regulations of the Federal 
Communications Commission for determining such subscriber's eligibility 
as in effect on the day before the date of the enactment of this Act 
shall apply until the date on which the translator station or low power 
television station is licensed to broadcast a digital signal.
    (c) Definitions.--As used in this subtitle:
        (1) Local market; low power television station; satellite 
    carrier; subscriber; television broadcast station.--The terms 
    ``local market'', ``low power television station'', ``satellite 
    carrier'', ``subscriber'', and ``television broadcast station'' 
    have the meanings given such terms in section 338(k) of the 
    Communications Act of 1934.
        (2) Network station; television network.--The terms ``network 
    station'' and ``television network'' have the meanings given such 
    terms in section 339(d) of such Act.
    SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.
    Part I of title III is amended by adding at the end the following 
new section:
    ``SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.
    ``(a) Certification.--The Commission shall issue a certification 
for the purposes of section 119(g)(3)(A)(iii) of title 17, United 
States Code, if the Commission determines that--
        ``(1) a satellite carrier is providing local service pursuant 
    to the statutory license under section 122 of such title in each 
    designated market area; and
        ``(2) with respect to each designated market area in which such 
    satellite carrier was not providing such local service as of the 
    date of enactment of the Satellite Television Extension and 
    Localism Act of 2010--
            ``(A) the satellite carrier's satellite beams are designed, 
        and predicted by the satellite manufacturer's pre-launch test 
        data, to provide a good quality satellite signal to at least 90 
        percent of the households in each such designated market area 
        based on the most recent census data released by the United 
        States Census Bureau; and
            ``(B) there is no material evidence that there has been a 
        satellite or sub-system failure subsequent to the satellite's 
        launch that precludes the ability of the satellite carrier to 
        satisfy the requirements of subparagraph (A).
    ``(b) Information Required.--Any entity seeking the certification 
provided for in subsection (a) shall submit to the Commission the 
following information:
        ``(1) An affidavit stating that, to the best of the affiant's 
    knowledge, the satellite carrier provides local service in all 
    designated market areas pursuant to the statutory license provided 
    for in section 122 of title 17, United States Code, and listing 
    those designated market areas in which local service was provided 
    as of the date of enactment of the Satellite Television Extension 
    and Localism Act of 2010.
        ``(2) For each designated market area not listed in paragraph 
    (1):
            ``(A) Identification of each such designated market area 
        and the location of its local receive facility.
            ``(B) Data showing the number of households, and maps 
        showing the geographic distribution thereof, in each such 
        designated market area based on the most recent census data 
        released by the United States Census Bureau.
            ``(C) Maps, with superimposed effective isotropically 
        radiated power predictions obtained in the satellite 
        manufacturer's pre-launch tests, showing that the contours of 
        the carrier's satellite beams as designed and the geographic 
        area that the carrier's satellite beams are designed to cover 
        are predicted to provide a good quality satellite signal to at 
        least 90 percent of the households in such designated market 
        area based on the most recent census data released by the 
        United States Census Bureau.
            ``(D) For any satellite relied upon for certification under 
        this section, an affidavit stating that, to the best of the 
        affiant's knowledge, there have been no satellite or sub-system 
        failures subsequent to the satellite's launch that would 
        degrade the design performance to such a degree that a 
        satellite transponder used to provide local service to any such 
        designated market area is precluded from delivering a good 
        quality satellite signal to at least 90 percent of the 
        households in such designated market area based on the most 
        recent census data released by the United States Census Bureau.
            ``(E) Any additional engineering, designated market area, 
        or other information the Commission considers necessary to 
        determine whether the Commission shall grant a certification 
        under this section.
    ``(c) Certification Issuance.--
        ``(1) Public comment.--The Commission shall provide 30 days for 
    public comment on a request for certification under this section.
        ``(2) Deadline for decision.--The Commission shall grant or 
    deny a request for certification within 90 days after the date on 
    which such request is filed.
    ``(d) Subsequent Affirmation.--An entity granted qualified carrier 
status pursuant to section 119(g) of title 17, United States Code, 
shall file an affidavit with the Commission 30 months after such status 
was granted stating that, to the best of the affiant's knowledge, it is 
in compliance with the requirements for a qualified carrier.
    ``(e) Definitions.--For the purposes of this section:
        ``(1) Designated market area.--The term `designated market 
    area' has the meaning given such term in section 122(j)(2)(C) of 
    title 17, United States Code.
        ``(2) Good quality satellite signal.--
            ``(A) In general.--The term ``good quality satellite 
        signal'' means--
                ``(i) a satellite signal whose power level as designed 
            shall achieve reception and demodulation of the signal at 
            an availability level of at least 99.7 percent using--

                    ``(I) models of satellite antennas normally used by 
                the satellite carrier's subscribers; and
                    ``(II) the same calculation methodology used by the 
                satellite carrier to determine predicted signal 
                availability in the top 100 designated market areas; 
                and

                ``(ii) taking into account whether a signal is in 
            standard definition format or high definition format, 
            compression methodology, modulation, error correction, 
            power level, and utilization of advances in technology that 
            do not circumvent the intent of this section to provide for 
            non-discriminatory treatment with respect to any comparable 
            television broadcast station signal, a video signal 
            transmitted by a satellite carrier such that--

                    ``(I) the satellite carrier treats all television 
                broadcast stations' signals the same with respect to 
                statistical multiplexer prioritization; and
                    ``(II) the number of video signals in the relevant 
                satellite transponder is not more than the then current 
                greatest number of video signals carried on any 
                equivalent transponder serving the top 100 designated 
                market areas.

            ``(B) Determination.--For the purposes of subparagraph (A), 
        the top 100 designated market areas shall be as determined by 
        Nielsen Media Research and published in the Nielsen Station 
        Index Directory and Nielsen Station Index United States 
        Television Household Estimates or any successor publication as 
        of the date of a satellite carrier's application for 
        certification under this section.''.
    SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL 
      SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.
    (a) In General.--Section 338(a) is amended by adding at the end the 
following new paragraph:
        ``(5) Nondiscrimination in carriage of high definition signals 
    of noncommercial educational television stations.--
            ``(A) Existing carriage of high definition signals.--If, 
        before the date of enactment of the Satellite Television 
        Extension and Localism Act of 2010, an eligible satellite 
        carrier is providing, under section 122 of title 17, United 
        States Code, any secondary transmissions in high definition 
        format to subscribers located within the local market of a 
        television broadcast station of a primary transmission made by 
        that station, then such satellite carrier shall carry the 
        signals in high-definition format of qualified noncommercial 
        educational television stations located within that local 
        market in accordance with the following schedule:
                ``(i) By December 31, 2010, in at least 50 percent of 
            the markets in which such satellite carrier provides such 
            secondary transmissions in high definition format.
                ``(ii) By December 31, 2011, in every market in which 
            such satellite carrier provides such secondary 
            transmissions in high definition format.
            ``(B) New initiation of service.--If, on or after the date 
        of enactment of the Satellite Television Extension and Localism 
        Act of 2010, an eligible satellite carrier initiates the 
        provision, under section 122 of title 17, United States Code, 
        of any secondary transmissions in high definition format to 
        subscribers located within the local market of a television 
        broadcast station of a primary transmission made by that 
        station, then such satellite carrier shall carry the signals in 
        high-definition format of all qualified noncommercial 
        educational television stations located within that local 
        market.''.
    (b) Definitions.--Section 338(k) is amended--
        (1) by redesignating paragraphs (2) through (8) as paragraphs 
    (3) through (9), respectively;
        (2) by inserting after paragraph (1) the following new 
    paragraph:
        ``(2) Eligible satellite carrier.--The term `eligible satellite 
    carrier' means any satellite carrier that is not a party to a 
    carriage contract that--
            ``(A) governs carriage of at least 30 qualified 
        noncommercial educational television stations; and
            ``(B) is in force and effect within 150 days after the date 
        of enactment of the Satellite Television Extension and Localism 
        Act of 2010.'';
        (3) by redesignating paragraphs (6) through (9) (as previously 
    redesignated) as paragraphs (7) through (10), respectively; and
        (4) by inserting after paragraph (5) (as so redesignated) the 
    following new paragraph:
        ``(6) Qualified noncommercial educational television station.--
    The term `qualified noncommercial educational television station' 
    means any full-power television broadcast station that--
            ``(A) under the rules and regulations of the Commission in 
        effect on March 29, 1990, is licensed by the Commission as a 
        noncommercial educational broadcast station and is owned and 
        operated by a public agency, nonprofit foundation, nonprofit 
        corporation, or nonprofit association; and
            ``(B) has as its licensee an entity that is eligible to 
        receive a community service grant, or any successor grant 
        thereto, from the Corporation for Public Broadcasting, or any 
        successor organization thereto, on the basis of the formula set 
        forth in section 396(k)(6)(B) of this title.''.
    SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS.
    Nothing in this title or the amendments made by this title shall be 
construed to affect--
        (1) the meaning of the terms ``program related'' and ``primary 
    video'' under the Communications Act of 1934; or
        (2) the meaning of the term ``multicast'' in any regulations 
    issued by the Federal Communications Commission.
    SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS.
    Section 335(b) is amended--
        (1) by inserting ``state public affairs,'' after 
    ``educational,'' in the heading;
        (2) by striking paragraph (1) and inserting the following:
        ``(1) Channel capacity required.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Commission shall require, as a condition of any provision, 
        initial authorization, or authorization renewal for a provider 
        of direct broadcast satellite service providing video 
        programming, that the provider of such service reserve a 
        portion of its channel capacity, equal to not less than 4 
        percent nor more than 7 percent, exclusively for noncommercial 
        programming of an educational or informational nature.
            ``(B) Requirement for qualified satellite provider.--The 
        Commission shall require, as a condition of any provision, 
        initial authorization, or authorization renewal for a qualified 
        satellite provider of direct broadcast satellite service 
        providing video programming, that such provider reserve a 
        portion of its channel capacity, equal to not less than 3.5 
        percent nor more than 7 percent, exclusively for noncommercial 
        programming of an educational or informational nature.'';
        (3) in paragraph (5), by striking ``For purposes of the 
    subsection--'' and inserting ``For purposes of this subsection:''; 
    and
        (4) by adding at the end of paragraph (5) the following:
            ``(C) The term `qualified satellite provider' means any 
        provider of direct broadcast satellite service that--
                ``(i) provides the retransmission of the State public 
            affairs networks of at least 15 different States;
                ``(ii) offers the programming of State public affairs 
            networks upon reasonable prices, terms, and conditions as 
            determined by the Commission under paragraph (4); and
                ``(iii) does not delete any noncommercial programming 
            of an educational or informational nature in connection 
            with the carriage of a State public affairs network.
            ``(D) The term `State public affairs network' means a non-
        commercial non-broadcast network or a noncommercial educational 
        television station--
                ``(i) whose programming consists of information about 
            State government deliberations and public policy events; 
            and
                ``(ii) that is operated by--

                    ``(I) a State government or subdivision thereof;
                    ``(II) an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 that is 
                exempt from taxation under section 501(a) of such Code 
                and that is governed by an independent board of 
                directors; or
                    ``(III) a cable system.''.

                TITLE III--REPORTS AND SAVINGS PROVISION

    SEC. 301. DEFINITION.
    In this title, the term ``appropriate Congressional committees'' 
means the Committees on the Judiciary and on Commerce, Science, and 
Transportation of the Senate and the Committees on the Judiciary and on 
Energy and Commerce of the House of Representatives.
    SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY 
      LICENSING.
    Not later than 18 months after the date of the enactment of this 
Act, and after consultation with the Federal Communications Commission, 
the Register of Copyrights shall submit to the appropriate 
Congressional committees a report containing--
        (1) proposed mechanisms, methods, and recommendations on how to 
    implement a phase-out of the statutory licensing requirements set 
    forth in sections 111, 119, and 122 of title 17, United States 
    Code, by making such sections inapplicable to the secondary 
    transmission of a performance or display of a work embodied in a 
    primary transmission of a broadcast station that is authorized to 
    license the same secondary transmission directly with respect to 
    all of the performances and displays embodied in such primary 
    transmission;
        (2) any recommendations for alternative means to implement a 
    timely and effective phase-out of the statutory licensing 
    requirements set forth in sections 111, 119, and 122 of title 17, 
    United States Code; and
        (3) any recommendations for legislative or administrative 
    actions as may be appropriate to achieve such a phase-out.
    SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY 
      LICENSING MODIFICATIONS.
    (a) Study.--The Comptroller General shall conduct a study that 
analyzes and evaluates the changes to the carriage requirements 
currently imposed on multichannel video programming distributors under 
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
regulations promulgated by the Federal Communications Commission that 
would be required or beneficial to consumers, and such other matters as 
the Comptroller General deems appropriate, if Congress implemented a 
phase-out of the current statutory licensing requirements set forth 
under sections 111, 119, and 122 of title 17, United States Code. Among 
other things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer prices 
and access to programming.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall report to the 
appropriate Congressional committees the results of the study, 
including any recommendations for legislative or administrative 
actions.
    SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING.
    Not later than 18 months after the date of the enactment of this 
Act, the Federal Communications Commission shall submit to the 
appropriate Congressional committees a report containing an analysis 
of--
        (1) the number of households in a State that receive the 
    signals of local broadcast stations assigned to a community of 
    license that is located in a different State;
        (2) the extent to which consumers in each local market have 
    access to in-state broadcast programming over the air or from a 
    multichannel video programming distributor; and
        (3) whether there are alternatives to the use of designated 
    market areas, as defined in section 122 of title 17, United States 
    Code, to define local markets that would provide more consumers 
    with in-state broadcast programming.
    SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
    (a) Requirement.--
        (1) In general.--On the 270th day after the date of the 
    enactment of this Act, and on each succeeding anniversary of such 
    270th day, each satellite carrier shall submit an annual report to 
    the Federal Communications Commission setting forth--
            (A) each local market in which it--
                (i) retransmits signals of 1 or more television 
            broadcast stations with a community of license in that 
            market;
                (ii) has commenced providing such signals in the 
            preceding 1-year period; and
                (iii) has ceased to provide such signals in the 
            preceding 1-year period; and
            (B) detailed information regarding the use and potential 
        use of satellite capacity for the retransmission of local 
        signals in each local market.
        (2) Termination.--The requirement under paragraph (1) shall 
    cease after each satellite carrier has submitted 5 reports under 
    such paragraph.
    (b) FCC Study; Report.--
        (1) Study.--If no satellite carrier files a request for a 
    certification under section 342 of the Communications Act of 1934 
    (as added by section 206 of this title) within 270 days after the 
    date of the enactment of this Act, the Federal Communications 
    Commission shall initiate a study of--
            (A) incentives that would induce a satellite carrier to 
        provide the signals of 1 or more television broadcast stations 
        licensed to provide signals in local markets in which the 
        satellite carrier does not provide such signals; and
            (B) the economic and satellite capacity conditions 
        affecting delivery of local signals by satellite carriers to 
        these markets.
        (2) Report.--Within 1 year after the date of the initiation of 
    the study under paragraph (1), the Federal Communications 
    Commission shall submit a report to the appropriate Congressional 
    committees containing its findings, conclusions, and 
    recommendations.
    (c) Definitions.--In this section--
        (1) the terms ``local market'' and ``satellite carrier'' have 
    the meaning given such terms in section 339(d) of the 
    Communications Act of 1934 (47 U.S.C. 339(d)); and
        (2) the term ``television broadcast station'' has the meaning 
    given such term in section 325(b)(7) of such Act (47 U.S.C. 
    325(b)(7)).
    SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGOTIATED LICENSES.
    (a) In General.--Nothing in this Act, title 17, United States Code, 
the Communications Act of 1934, regulations promulgated by the Register 
of Copyrights under this title or title 17, United States Code, or 
regulations promulgated by the Federal Communications Commission under 
this Act or the Communications Act of 1934 shall be construed to 
prevent a multichannel video programming distributor from 
retransmitting a performance or display of a work pursuant to an 
authorization granted by the copyright owner or, if within the scope of 
its authorization, its licensee.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
affect any obligation of a multichannel video programming distributor 
under section 325(b) of the Communications Act of 1934 to obtain the 
authority of a television broadcast station before retransmitting that 
station's signal.
    SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT.
    (a) Effective Date.--Unless specifically provided otherwise, this 
Act, and the amendments made by this Act, shall take effect on February 
27, 2010, and with the exception of the reference in subsection (b), 
all references to the date of enactment of this Act shall be deemed to 
refer to February 27, 2010, unless otherwise specified.
    (b) Noninfringement of Copyright.--The secondary transmission of a 
performance or display of a work embodied in a primary transmission is 
not an infringement of copyright if it was made by a satellite carrier 
on or after February 27, 2010, and prior to enactment of this Act, and 
was in compliance with the law as in existence on February 27, 2010.

                         TITLE IV--SEVERABILITY

    SEC. 401. SEVERABILITY.
    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provision 
or amendment to any person or circumstance shall not be affected 
thereby.

              TITLE V--DETERMINATION OF BUDGETARY EFFECTS

    SEC. 501. DETERMINATION OF BUDGETARY EFFECTS.
    (a) In General.--The budgetary effects of this Act, for the purpose 
of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be 
determined by reference to the latest statement titled ``Budgetary 
Effects of PAYGO Legislation'' for this Act, submitted for printing in 
the Congressional Record by the Chairman of the Senate Budget 
Committee, provided that such statement has been submitted prior to the 
vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```