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. 
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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 
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‘‘(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 
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(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’’; 
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(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.— 
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‘‘(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 programrelated 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 ‘‘nonnetwork 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); 
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(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 
S. 3333—8 

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. 
S. 3333—9 

‘‘(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— 
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(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 
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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 TRANS- LATORS.—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 STA- TION.—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 
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the regulations of the Commission as in effect on such 

date (47 C.F.R. 76.51). 

‘‘(B) STATES WITH ALL NETWORK STATIONS AND NONNETWORK 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). 
S. 3333—13 

‘‘(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’’; 
S. 3333—14 

(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)— 
S. 3333—15 

(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 nonnetwork 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 
S. 3333—16 

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 
S. 3333—17 

(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 nonpublic 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 
S. 3333—18 

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’— 
S. 3333—19 

‘‘(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 parttime 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 
S. 3333—20 

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. 
S. 3333—21 

‘‘(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.— 
S. 3333—22 

(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-INTOLOCAL 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-INTOLOCAL 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.— 
S. 3333—23 

‘‘(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.— 
S. 3333—24 

‘‘(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 localinto-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 RECOGNI- TION.—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 
S. 3333—25 

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 
S. 3333—26 

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 
S. 3333—27 

‘‘(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 
S. 3333—28 

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-INTOLOCAL 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). 
S. 3333—29 

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 
S. 3333—30 

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 
S. 3333—31 

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 
S. 3333—32 

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 LongleyRice 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 
S. 3333—33 

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 STA- TIONS.—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 
S. 3333—34 

‘‘(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 subsystem 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.— 
S. 3333—35 

‘‘(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.’’. 
S. 3333—36 

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: 
S. 3333—37 

‘‘(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 ‘‘EDU- CATIONAL,’’ 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 PRO- VIDER.—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 
S. 3333—38 

‘‘(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 
S. 3333—39 

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 
S. 3333—40 

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. 
S. 3333—41 

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.