II 

111TH CONGRESS 

2D SESSION S. 3191 

To reauthorize the Satellite Home Viewer Extension and Reauthorization 

Act of 2004, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26 (legislative day, MARCH 25), 2010 

Mrs. HUTCHISON introduced the following bill; which was considered, 

amended, read the third time, and passed 

A BILL 

To reauthorize the Satellite Home Viewer Extension and 

Reauthorization Act of 2004, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 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. 


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

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

section 111. 

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

DMAs. 

Sec. 106. Copyright Office fees. 

Sec. 107. Termination of license. 

Sec. 108. Construction. 

TITLE II—COMMUNICATIONS PROVISIONS 

Sec. 201. Reference. 

Sec. 202. Extension of authority. 

Sec. 203. Significantly viewed stations. 

Sec. 204. Digital television transition conforming amendments. 

Sec. 205. Application pending completion of rulemakings. 

Sec. 206. Process for issuing qualified carrier certification. 

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

noncommercial educational television stations. 

Sec. 208. Savings clause regarding definitions. 

Sec. 209. State public affairs broadcasts. 

TITLE III—REPORTS AND SAVINGS PROVISION 

Sec. 301. Definition. 

Sec. 302. Report on market based alternatives to statutory licensing. 

Sec. 303. Report on communications implications of statutory licensing modifications. 

Sec. 304. Report on in-state broadcast programming. 

Sec. 305. Local network channel broadcast reports. 

Sec. 306. Savings provision regarding use of negotiated licenses. 

Sec. 307. Effective date; Noninfringement of copyright. 

TITLE IV—SEVERABILITY 

Sec. 401. Severability. 

TITLE V—DETERMINATION OF BUDGETARY EFFECTS 

Sec. 501. Determination of Budgetary Effects. 

1 TITLE I—STATUTORY LICENSES 

2 SEC. 101. REFERENCE. 

3 Except as otherwise provided, whenever in this title 

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

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


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1 SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 

2 SATELLITE CARRIERS. 

3 (a) HEADING RENAMED.— 

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

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

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

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

11 relating to section 119 and inserting the following: 

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

12 (b) UNSERVED HOUSEHOLD DEFINED.— 

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

14 amended— 

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

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

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

19 primary stream, or, on or after the qualifying 

20 date, the multicast stream, originating in that 

21 household’s local market and affiliated with 

22 that network of— 

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


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1 the Federal Communications Commission 

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

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

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

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

9 issued by the Federal Communications 

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

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

13 time;’’; 

14 (B) in subparagraph (B)— 

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

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

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

19 2004’’ and inserting ‘‘Satellite Television 

20 Extension and Localism Act of 2010’’; and 

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

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

23 (2) QUALIFYING DATE DEFINED.—Section 

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


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

3 means— 

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

5 that exist on December 31, 2009; and 

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

7 multicast streams.’’. 

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

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

10 after the semicolon at the end; 

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

12 and inserting ‘‘; and’’; and 

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

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

15 Register of Copyrights pursuant to section 

16 708(a).’’. 

17 (d) DEPOSIT OF STATEMENTS AND FEES; 

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

20 (1) by amending the subsection heading to read 

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

22 FEES; VERIFICATION PROCEDURES.—’’; 

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

24 (B) and inserting the following: 


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

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

3 month period, computed by multiplying the 

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

6 multicast stream of each non-network station or 

7 network station during each calendar year 

8 month by the appropriate rate in effect under 

9 this subsection; and’’; 

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

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

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

14 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE

15 PAYMENTS.—The Register of Copyrights shall issue 

16 regulations to permit interested parties to verify and 

17 audit the statements of account and royalty fees 

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

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

21 first sentence— 

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

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


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

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

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

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

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

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

10 (e) ADJUSTMENT OF ROYALTY FEES.—Section 

11 119(c) is amended as follows: 

12 (1) Paragraph (1) is amended— 

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

14 striking ‘‘ANALOG’’; 

15 (B) in subparagraph (A)— 

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

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

21 (C) in subparagraph (B)— 

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

23 Librarian of Congress’’ and inserting 

24 ‘‘May 1, 2010, the Copyright Royalty 

25 Judges’’; and 


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

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

6 Royalty Judges’’; 

7 (E) in subparagraph (D)— 

8 (i) in clause (i)— 

9 (I) by striking ‘‘(i) Voluntary 

10 agreements’’ and inserting the fol11 lowing: 

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

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

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

16 (ii) in clause (ii)— 

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

18 and inserting the following: 

19 ‘‘(ii) PROCEDURE FOR ADOPTION OF

20 FEES.— 

21 ‘‘(I) PUBLICATION OF NOTICE.— 

22 Within’’; 

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

24 ‘‘an arbitration proceeding pursuant 

25 to subparagraph (E)’’ and inserting 


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1 ‘‘a proceeding under subparagraph 

2 (F)’’; 

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

5 under subclause (I), the Librarian of 

6 Congress’’ and inserting the following: 

7 ‘‘(II) PUBLIC NOTICE OF

8 FEES.—Upon receiving a request 

9 under subclause (I), the Copyright 

10 Royalty Judges’’; and 

11 (IV) in subclause (III)— 

12 (aa) by striking ‘‘(III) The 

13 Librarian’’ and inserting the fol14 lowing: 

15 ‘‘(III) ADOPTION OF FEES.—The 

16 Copyright Royalty Judges’’; 

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

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

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

23 ‘‘that proceeding’’; 

24 (F) in subparagraph (E)— 


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

2 inserting ‘‘Copyright Royalty Judges’’; and 

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

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

5 (G) in subparagraph (F)— 

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

8 ‘‘COPYRIGHT ROYALTY JUDGES PRO9 CEEDING’’; 

10 (ii) in clause (i)— 

11 (I) in the heading, by striking 

12 ‘‘PROCEEDINGS’’ and inserting ‘‘THE

13 PROCEEDING’’; 

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

16 (aa) by striking ‘‘May 1, 

17 2005, the Librarian of Congress’’ 

18 and inserting ‘‘July 1, 2010, the 

19 Copyright Royalty Judges’’; 

20 (bb) by striking ‘‘arbitration 

21 proceedings’’ and inserting ‘‘a 

22 proceeding’’; 

23 (cc) by striking ‘‘fee to be 

24 paid’’ and inserting ‘‘fees to be 

25 paid’’; 


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1 (dd) by striking ‘‘primary 

2 analog transmission’’ and insert3 ing ‘‘the primary transmissions’’; 

4 and 

5 (ee) by striking ‘‘distribu6 tors’’ and inserting ‘‘distribu7 tors—’’; 

8 (III) in subclause (II)— 

9 (aa) by striking ‘‘Librarian 

10 of Congress’’ and inserting 

11 ‘‘Copyright Royalty Judges’’; and 

12 (bb) by striking ‘‘arbitra13 tion’’; and 

14 (IV) by amending the last sen15 tence to read as follows: ‘‘Such pro16 ceeding shall be conducted under 

17 chapter 8.’’; 

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

19 matter preceding subclause (I) to read as 

20 follows: 

21 ‘‘(ii) ESTABLISHMENT OF ROYALTY

22 FEES.—In determining royalty fees under 

23 this subparagraph, the Copyright Royalty 

24 Judges shall establish fees for the sec25 ondary transmissions of the primary transVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 missions of network stations and non-net2 work stations that most clearly represent 

3 the fair market value of secondary trans4 missions, except that the Copyright Roy5 alty Judges shall adjust royalty fees to ac6 count for the obligations of the parties 

7 under any applicable voluntary agreement 

8 filed with the Copyright Royalty Judges in 

9 accordance with subparagraph (D). In de10 termining the fair market value, the 

11 Judges shall base their decision on eco12 nomic, competitive, and programming in13 formation presented by the parties, includ14 ing—’’; 

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

16 as follows: 

17 ‘‘(iii) EFFECTIVE DATE FOR DECISION

18 OF COPYRIGHT ROYALTY JUDGES.—The 

19 obligation to pay the royalty fees estab20 lished under a determination that is made 

21 by the Copyright Royalty Judges in a pro22 ceeding under this paragraph shall be ef23 fective as of January 1, 2010.’’; and 

24 (v) in clause (iv)— 


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1 (I) in the heading, by striking 

2 ‘‘FEE’’ and inserting ‘‘FEES’’; and 

3 (II) by striking ‘‘fee referred to 

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

5 to in clause (iii)’’. 

6 (2) Paragraph (2) is amended to read as fol7 lows: 

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

9 Effective January 1 of each year, the royalty fee 

10 payable under subsection (b)(1)(B) for the sec11 ondary transmission of the primary transmissions of 

12 network stations and non-network stations shall be 

13 adjusted by the Copyright Royalty Judges to reflect 

14 any changes occurring in the cost of living as deter15 mined by the most recent Consumer Price Index (for 

16 all consumers and for all items) published by the 

17 Secretary of Labor before December 1 of the pre18 ceding year. Notification of the adjusted fees shall 

19 be published in the Federal Register at least 25 days 

20 before January 1.’’. 

21 (f) DEFINITIONS.— 

22 (1) SUBSCRIBER.—Section 119(d)(8) is amend23 ed to read as follows: 

24 ‘‘(8) SUBSCRIBER; SUBSCRIBE.— 


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

2 means a person or entity that receives a sec3 ondary transmission service from a satellite car4 rier and pays a fee for the service, directly or 

5 indirectly, to the satellite carrier or to a dis6 tributor. 

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

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

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

10 amended to read as follows: 

11 ‘‘(11) LOCAL MARKET.—The term ‘local mar12 ket’ has the meaning given such term under section 

13 122(j).’’. 

14 (3) LOW POWER TELEVISION STATION.—Sec15 tion 119(d) is amended by striking paragraph (12) 

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

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

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

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

20 adding at the end the following new paragraph: 

21 ‘‘(14) MULTICAST STREAM.—The term 

22 ‘multicast stream’ means a digital stream containing 

23 programming and program-related material affili24 ated with a television network, other than the pri25 mary stream.’’. 


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

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

3 adding at the end the following new paragraph: 

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

5 stream’ means— 

6 ‘‘(A) the single digital stream of program7 ming as to which a television broadcast station 

8 has the right to mandatory carriage with a sat9 ellite carrier under the rules of the Federal 

10 Communications Commission in effect on July 

11 1, 2009; or 

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

13 subparagraph (A), then either— 

14 ‘‘(i) the single digital stream of pro15 gramming associated with the network last 

16 transmitted by the station as an analog 

17 signal; or 

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

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

20 programming affiliated with the network 

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

22 by the television broadcast station for the 

23 longest period of time.’’. 


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

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

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

4 (g) SUPERSTATION REDESIGNATED AS NON-NET5 WORK STATION.—Section 119 is amended— 

6 (1) by striking ‘‘superstation’’ each place it ap7 pears in a heading and each place it appears in text 

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

9 (2) by striking ‘‘superstations’’ each place it ap10 pears in a heading and each place it appears in text 

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

12 (h) REMOVAL OF CERTAIN PROVISIONS.— 

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

14 is amended— 

15 (A) in paragraph (2), by striking subpara16 graph (C) and redesignating subparagraph (D) 

17 as subparagraph (C); 

18 (B) by striking paragraph (3) and redesig19 nating paragraphs (4) through (14) as para20 graphs (3) through (13), respectively; and 

21 (C) by striking paragraph (15) and redes22 ignating paragraph (16) as paragraph (14). 

23 (2) CONFORMING AMENDMENTS.—Section 119 

24 is amended— 

25 (A) in subsection (a)— 


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

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

3 (7)’’; 

4 (ii) in paragraph (2)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘subparagraphs (B) and (C) of 

7 this paragraph and paragraphs (5), 

8 (6), (7), and (8)’’ and inserting ‘‘sub9 paragraph (B) of this paragraph and 

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

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

12 striking the second sentence; and 

13 (III) in subparagraph (C) (as re14 designated), by striking clauses (i) 

15 and (ii) and inserting the following: 

16 ‘‘(i) INITIAL LISTS.—A satellite car17 rier that makes secondary transmissions of 

18 a primary transmission made by a network 

19 station pursuant to subparagraph (A) 

20 shall, not later than 90 days after com21 mencing such secondary transmissions, 

22 submit to the network that owns or is af23 filiated with the network station a list 

24 identifying (by name and address, includ25 ing street or rural route number, city, 


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

2 to which the satellite carrier makes sec3 ondary transmissions of that primary 

4 transmission to subscribers in unserved 

5 households. 

6 ‘‘(ii) MONTHLY LISTS.—After the sub7 mission of the initial lists under clause (i), 

8 the satellite carrier shall, not later than 

9 the 15th of each month, submit to the net10 work a list, aggregated by designated mar11 ket area, identifying (by name and ad12 dress, including street or rural route num13 ber, city, State, and 9-digit zip code) any 

14 persons who have been added or dropped 

15 as subscribers under clause (i) since the 

16 last submission under this subparagraph.’’; 

17 and 

18 (iii) in subparagraph (E) of para19 graph (3) (as redesignated)— 

20 (I) by striking ‘‘under paragraph 

21 (3) or’’; and 

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

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

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

25 final sentence. 


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1 (i) MODIFICATIONS TO PROVISIONS FOR SECONDARY

2 TRANSMISSIONS BY SATELLITE CARRIERS.— 

3 (1) PREDICTIVE MODEL.—Section 

4 119(a)(2)(B)(ii) is amended by adding at the end 

5 the following: 

6 ‘‘(III) ACCURATE PREDICTIVE

7 MODEL WITH RESPECT TO DIGITAL

8 SIGNALS.—Notwithstanding subclause 

9 (I), in determining presumptively 

10 whether a person resides in an 

11 unserved household under subsection 

12 (d)(10)(A) with respect to digital sig13 nals, a court shall rely on a predictive 

14 model set forth by the Federal Com15 munications Commission pursuant to 

16 a rulemaking as provided in section 

17 339(c)(3) of the Communications Act 

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

19 that model may be amended by the 

20 Commission over time under such sec21 tion to increase the accuracy of that 

22 model. Until such time as the Com23 mission sets forth such model, a court 

24 shall rely on the predictive model as 

25 recommended by the Commission with 


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1 respect to digital signals in its Report 

2 to Congress in ET Docket No. 05– 

3 182, FCC 05–199 (released December 

4 9, 2005).’’. 

5 (2) MODIFICATIONS TO STATUTORY LICENSE

6 WHERE RETRANSMISSIONS INTO LOCAL MARKET

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

8 amended— 

9 (A) by striking ‘‘analog’’ each place it ap10 pears in a heading and text; 

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

12 and (D), and inserting the following: 

13 ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS

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

15 the case of a subscriber of a satellite carrier 

16 who, on the day before the date of the enact17 ment of the Satellite Television Extension and 

18 Localism Act of 2010, was lawfully receiving 

19 the secondary transmission of the primary 

20 transmission of a network station under the 

21 statutory license under paragraph (2) (in this 

22 subparagraph referred to as the ‘distant sig23 nal’), other than subscribers to whom subpara24 graph (A) applies, the statutory license under 

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1 missions by that satellite carrier to that sub2 scriber of the distant signal of a station affili3 ated with the same television network, and the 

4 subscriber’s household shall continue to be con5 sidered to be an unserved household with re6 spect to such network, until such time as the 

7 subscriber elects to terminate such secondary 

8 transmissions, whether or not the subscriber 

9 elects to subscribe to receive the secondary 

10 transmission of the primary transmission of a 

11 local network station affiliated with the same 

12 network pursuant to the statutory license under 

13 section 122. 

14 ‘‘(C) FUTURE APPLICABILITY.— 

15 ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE

16 AT TIME OF SUBSCRIPTION.—The statu17 tory license under paragraph (2) shall not 

18 apply to the secondary transmission by a 

19 satellite carrier of the primary trans20 mission of a network station to a person 

21 who is not a subscriber lawfully receiving 

22 such secondary transmission as of the date 

23 of the enactment of the Satellite Television 

24 Extension and Localism Act of 2010 and, 

25 at the time such person seeks to subscribe 


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1 to receive such secondary transmission, re2 sides in a local market where the satellite 

3 carrier makes available to that person the 

4 secondary transmission of the primary 

5 transmission of a local network station af6 filiated with the same network pursuant to 

7 the statutory license under section 122. 

8 ‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE

9 AFTER SUBSCRIPTION.—In the case of a 

10 subscriber who lawfully subscribes to and 

11 receives the secondary transmission by a 

12 satellite carrier of the primary trans13 mission of a network station under the 

14 statutory license under paragraph (2) (in 

15 this clause referred to as the ‘distant sig16 nal’) on or after the date of the enactment 

17 of the Satellite Television Extension and 

18 Localism Act of 2010, the statutory license 

19 under paragraph (2) shall apply to sec20 ondary transmissions by that satellite car21 rier to that subscriber of the distant signal 

22 of a station affiliated with the same tele23 vision network, and the subscriber’s house24 hold shall continue to be considered to be 

25 an unserved household with respect to such 


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1 network, until such time as the subscriber 

2 elects to terminate such secondary trans3 missions, but only if such subscriber sub4 scribes to the secondary transmission of 

5 the primary transmission of a local net6 work station affiliated with the same net7 work within 60 days after the satellite car8 rier makes available to the subscriber such 

9 secondary transmission of the primary 

10 transmission of such local network sta11 tion.’’; 

12 (C) by redesignating subparagraphs (E), 

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

14 (F), respectively; 

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

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

17 (C)’’; and 

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

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

20 (3) STATUTORY DAMAGES FOR TERRITORIAL

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

22 is amended— 

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

24 ‘‘$5’’ and inserting ‘‘$250’’; 

25 (B) in subparagraph (B)— 


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

2 ‘‘$250,000 for each 6-month period’’ and 

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

4 period’’; and 

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

6 ‘‘$250,000’’ and inserting ‘‘$2,500,000’’; 

7 and 

8 (C) by adding at the end the following 

9 flush sentences: 

10 ‘‘The court shall direct one half of any statu11 tory damages ordered under clause (i) to be de12 posited with the Register of Copyrights for dis13 tribution to copyright owners pursuant to sub14 section (b). The Copyright Royalty Judges shall 

15 issue regulations establishing procedures for 

16 distributing such funds, on a proportional basis, 

17 to copyright owners whose works were included 

18 in the secondary transmissions that were the 

19 subject of the statutory damages.’’. 

20 (4) TECHNICAL AMENDMENT.—Section 

21 119(a)(4) (as redesignated) is amended by striking 

22 ‘‘and 509’’. 

23 (5) CLERICAL AMENDMENT.—Section 

24 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 

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


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

2 amended by striking ‘‘April 30, 2010’’ and inserting ‘‘De3 cember 31, 2020’’. 

4 (k) CLERICAL AMENDMENTS.—Section 119 is 

5 amended— 

6 (1) by striking ‘‘of the Code of Federal Regula7 tions’’ each place it appears and inserting ‘‘, Code 

8 of Federal Regulations’’; and 

9 (2) in subsection (d)(6), by striking ‘‘or the Di10 rect’’ and inserting ‘‘, or the Direct’’. 

11 SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 

12 SATELLITE CARRIERS IN LOCAL MARKETS. 

13 (a) HEADING RENAMED.— 

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

15 is amended by striking ‘‘by satellite carriers 

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

17 television programming by satellite’’. 

18 (2) TABLE OF CONTENTS.—The table of con19 tents for chapter 1 is amended by striking the item 

20 relating to section 122 and inserting the following: 

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

programming by satellite.’’. 

21 (b) STATUTORY LICENSE.—Section 122(a) is amend22 ed to read as follows: 

23 ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR24 KETS.— 


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1 ‘‘(1) SECONDARY TRANSMISSIONS OF TELE2 VISION BROADCAST STATIONS WITHIN A LOCAL MAR3 KET.—A secondary transmission of a performance 

4 or display of a work embodied in a primary trans5 mission of a television broadcast station into the sta6 tion’s local market shall be subject to statutory li7 censing under this section if— 

8 ‘‘(A) the secondary transmission is made 

9 by a satellite carrier to the public; 

10 ‘‘(B) with regard to secondary trans11 missions, the satellite carrier is in compliance 

12 with the rules, regulations, or authorizations of 

13 the Federal Communications Commission gov14 erning the carriage of television broadcast sta15 tion signals; and 

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

17 indirect charge for the secondary transmission 

18 to— 

19 ‘‘(i) each subscriber receiving the sec20 ondary transmission; or 

21 ‘‘(ii) a distributor that has contracted 

22 with the satellite carrier for direct or indi23 rect delivery of the secondary transmission 

24 to the public. 

25 ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 


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1 ‘‘(A) IN GENERAL.—A secondary trans2 mission of a performance or display of a work 

3 embodied in a primary transmission of a tele4 vision broadcast station to subscribers who re5 ceive secondary transmissions of primary trans6 missions under paragraph (1) shall be subject 

7 to statutory licensing under this paragraph if 

8 the secondary transmission is of the primary 

9 transmission of a network station or a non-net10 work station to a subscriber who resides outside 

11 the station’s local market but within a commu12 nity in which the signal has been determined by 

13 the Federal Communications Commission to be 

14 significantly viewed in such community, pursu15 ant to the rules, regulations, and authorizations 

16 of the Federal Communications Commission in 

17 effect on April 15, 1976, applicable to deter18 mining with respect to a cable system whether 

19 signals are significantly viewed in a community. 

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

21 the secondary transmission of the primary 

22 transmission of a network station or a non-net23 work station under subparagraph (A) may re24 quest a waiver from such denial by submitting 

25 a request, through the subscriber’s satellite carVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 rier, to the network station or non-network sta2 tion in the local market affiliated with the same 

3 network or non-network where the subscriber is 

4 located. The network station or non-network 

5 station shall accept or reject the subscriber’s re6 quest for a waiver within 30 days after receipt 

7 of the request. If the network station or non8 network station fails to accept or reject the sub9 scriber’s request for a waiver within that 30- 

10 day period, that network station or non-network 

11 station shall be deemed to agree to the waiver 

12 request. 

13 ‘‘(3) SECONDARY TRANSMISSION OF LOW

14 POWER PROGRAMMING.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graphs (B) and (C), a secondary transmission 

17 of a performance or display of a work embodied 

18 in a primary transmission of a television broad19 cast station to subscribers who receive sec20 ondary transmissions of primary transmissions 

21 under paragraph (1) shall be subject to statu22 tory licensing under this paragraph if the sec23 ondary transmission is of the primary trans24 mission of a television broadcast station that is 

25 licensed as a low power television station, to a 


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1 subscriber who resides within the same des2 ignated market area as the station that origi3 nates the transmission. 

4 ‘‘(B) NO APPLICABILITY TO REPEATERS

5 AND TRANSLATORS.—Secondary transmissions 

6 provided for in subparagraph (A) shall not 

7 apply to any low power television station that 

8 retransmits the programs and signals of an9 other television station for more than 2 hours 

10 each day. 

11 ‘‘(C) NO IMPACT ON OTHER SECONDARY

12 TRANSMISSIONS OBLIGATIONS.—A satellite car13 rier that makes secondary transmissions of a 

14 primary transmission of a low power television 

15 station under a statutory license provided under 

16 this section is not required, by reason of such 

17 secondary transmissions, to make any other sec18 ondary transmissions. 

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

20 transmission of a performance or display of a work 

21 embodied in a primary transmission of a television 

22 broadcast station to subscribers who receive sec23 ondary transmissions of primary transmissions 

24 under paragraph (1) shall, if the secondary trans25 mission is made by a satellite carrier that complies 


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

2 to statutory licensing under this paragraph as fol3 lows: 

4 ‘‘(A) STATES WITH SINGLE FULL-POWER

5 NETWORK STATION.—In a State in which there 

6 is licensed by the Federal Communications 

7 Commission a single full-power station that was 

8 a network station on January 1, 1995, the stat9 utory license provided for in this paragraph 

10 shall apply to the secondary transmission by a 

11 satellite carrier of the primary transmission of 

12 that station to any subscriber in a community 

13 that is located within that State and that is not 

14 within the first 50 television markets as listed 

15 in the regulations of the Commission as in ef16 fect on such date (47 C.F.R. 76.51). 

17 ‘‘(B) STATES WITH ALL NETWORK STA18 TIONS AND NON-NETWORK STATIONS IN SAME

19 LOCAL MARKET.—In a State in which all net20 work stations and non-network stations licensed 

21 by the Federal Communications Commission 

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

23 assigned to the same local market and that 

24 local market does not encompass all counties of 

25 that State, the statutory license provided under 


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1 this paragraph shall apply to the secondary 

2 transmission by a satellite carrier of the pri3 mary transmissions of such station to all sub4 scribers in the State who reside in a local mar5 ket that is within the first 50 major television 

6 markets as listed in the regulations of the Com7 mission as in effect on such date (section 76.51 

8 of title 47, Code of Federal Regulations). 

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

10 of that State in which are located 4 counties 

11 that— 

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

13 markets principally comprised of counties 

14 in another State, and 

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

16 television households, according to the U.S. 

17 Television Household Estimates by Nielsen 

18 Media Research for 2004, 

19 the statutory license provided under this para20 graph shall apply to secondary transmissions by 

21 a satellite carrier to subscribers in any such 

22 county of the primary transmissions of any net23 work station located in that State, if the sat24 ellite carrier was making such secondary transVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 missions to any subscribers in that county on 

2 January 1, 2004. 

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

4 2 adjacent counties in a single State are in a 

5 local market comprised principally of counties 

6 located in another State, the statutory license 

7 provided for in this paragraph shall apply to 

8 the secondary transmission by a satellite carrier 

9 to subscribers in those 2 counties of the pri10 mary transmissions of any network station lo11 cated in the capital of the State in which such 

12 2 counties are located, if— 

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

14 local market that is in the top 100 markets 

15 for the year 2003 according to Nielsen 

16 Media Research; and 

17 ‘‘(ii) the total number of television 

18 households in the 2 counties combined did 

19 not exceed 10,000 for the year 2003 ac20 cording to Nielsen Media Research. 

21 ‘‘(E) NETWORKS OF NONCOMMERCIAL

22 EDUCATIONAL BROADCAST STATIONS.—In the 

23 case of a system of three or more noncommer24 cial educational broadcast stations licensed to a 

25 single State, public agency, or political, eduVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 cational, or special purpose subdivision of a 

2 State, the statutory license provided for in this 

3 paragraph shall apply to the secondary trans4 mission of the primary transmission of such 

5 system to any subscriber in any county or coun6 ty equivalent within such State, if such sub7 scriber is located in a designated market area 

8 that is not otherwise eligible to receive the sec9 ondary transmission of the primary trans10 mission of a noncommercial educational broad11 cast station located within the State pursuant 

12 to paragraph (1). 

13 ‘‘(5) APPLICABILITY OF ROYALTY RATES AND

14 PROCEDURES.—The royalty rates and procedures 

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

16 transmissions to which the statutory license under 

17 paragraph (4) applies.’’. 

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

19 amended— 

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

21 list’’ and all that follows through the end and insert22 ing the following: ‘‘station— 

23 ‘‘(A) a list identifying (by name in alpha24 betical order and street address, including coun25 ty and 9-digit zip code) all subscribers to which 


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1 the satellite carrier makes secondary trans2 missions of that primary transmission under 

3 subsection (a); and 

4 ‘‘(B) a separate list, aggregated by des5 ignated market area (by name and address, in6 cluding street or rural route number, city, 

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

8 those subscribers being served pursuant to 

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

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

11 list’’ and all that follows through the end and insert12 ing the following: ‘‘network— 

13 ‘‘(A) a list identifying (by name in alpha14 betical order and street address, including coun15 ty and 9-digit zip code) any subscribers who 

16 have been added or dropped as subscribers 

17 since the last submission under this subsection; 

18 and 

19 ‘‘(B) a separate list, aggregated by des20 ignated market area (by name and street ad21 dress, including street or rural route number, 

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

23 those subscribers whose service pursuant to 

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


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1 or dropped since the last submission under this 

2 subsection.’’. 

3 (d) NO ROYALTY FEE FOR CERTAIN SECONDARY

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

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

6 SECONDARY TRANSMISSIONS’’ after ‘‘REQUIRED’’; 

7 and 

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

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

10 (e) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 

11 (1) MODIFICATION TO STATUTORY DAMAGES.— 

12 Section 122(f) is amended— 

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

14 and inserting ‘‘$250’’; and 

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

16 ‘‘$250,000’’ each place it appears and inserting 

17 ‘‘$2,500,000’’. 

18 (2) CONFORMING AMENDMENTS FOR ADDI19 TIONAL STATIONS.—Section 122 is amended— 

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

21 119 or’’ each place it appears and inserting the 

22 following: ‘‘section 119, subject to statutory li23 censing by reason of paragraph (2)(A), (3), or 

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


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

2 119 or’’ and inserting the following: ‘‘section 

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

4 (a), or’’. 

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

6 (1) in paragraph (1), by striking ‘‘which con7 tracts’’ and inserting ‘‘that contracts’’; 

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

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

10 (3) in paragraph (3)— 

11 (A) by redesignating such paragraph as 

12 paragraph (4); 

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

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

15 ‘‘NETWORK STATION;’’; and 

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

17 after ‘‘ ‘network station’,’’; 

18 (4) by inserting after paragraph (2) the fol19 lowing: 

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

21 term ‘low power television station’ means a low 

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

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

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

25 term ‘low power television station’ includes a low 


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1 power television station that has been accorded pri2 mary status as a Class A television licensee under 

3 section 73.6001(a) of title 47, Code of Federal Reg4 ulations.’’; 

5 (5) by inserting after paragraph (4) (as redesig6 nated) the following: 

7 ‘‘(5) NONCOMMERCIAL EDUCATIONAL BROAD8 CAST STATION.—The term ‘noncommercial edu9 cational broadcast station’ means a television broad10 cast station that is a noncommercial educational 

11 broadcast station as defined in section 397 of the 

12 Communications Act of 1934, as in effect on the 

13 date of the enactment of the Satellite Television Ex14 tension and Localism Act of 2010.’’; and 

15 (6) by amending paragraph (6) (as redesig16 nated) to read as follows: 

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

18 means a person or entity that receives a secondary 

19 transmission service from a satellite carrier and pays 

20 a fee for the service, directly or indirectly, to the sat21 ellite carrier or to a distributor.’’. 

22 SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY 

23 TRANSMISSION RIGHTS UNDER SECTION 111. 

24 (a) HEADING RENAMED.— 


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

2 is amended by inserting at the end the following: 

3 ‘‘of broadcast programming by cable’’. 

4 (2) TABLE OF CONTENTS.—The table of con5 tents for chapter 1 is amended by striking the item 

6 relating to section 111 and inserting the following: 

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

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

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

9 122;’’. 

10 (c) STATUTORY LICENSE FOR SECONDARY TRANS11 MISSIONS BY CABLE SYSTEMS.—Section 111(d) is amend12 ed— 

13 (1) in paragraph (1)— 

14 (A) in the matter preceding subparagraph 

15 (A)— 

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

17 secondary’’ and inserting the following: 

18 ‘‘STATEMENT OF ACCOUNT AND ROYALTY

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

20 system whose secondary’’; and 

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

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

23 (B) in subparagraph (A)— 


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1 (i) by striking ‘‘a statement of ac2 count’’ and inserting ‘‘A statement of ac3 count’’; and 

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

5 a period; and 

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

7 and (D) and inserting the following: 

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

9 whose royalty fee is specified in subparagraph 

10 (E) or (F), a total royalty fee payable to copy11 right owners pursuant to paragraph (3) for the 

12 period covered by the statement, computed on 

13 the basis of specified percentages of the gross 

14 receipts from subscribers to the cable service 

15 during such period for the basic service of pro16 viding secondary transmissions of primary 

17 broadcast transmitters, as follows: 

18 ‘‘(i) 1.064 percent of such gross re19 ceipts for the privilege of further transmit20 ting, beyond the local service area of such 

21 primary transmitter, any non-network pro22 gramming of a primary transmitter in 

23 whole or in part, such amount to be ap24 plied against the fee, if any, payable pursu25 ant to clauses (ii) through (iv); 


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1 ‘‘(ii) 1.064 percent of such gross re2 ceipts for the first distant signal equiva3 lent; 

4 ‘‘(iii) 0.701 percent of such gross re5 ceipts for each of the second, third, and 

6 fourth distant signal equivalents; and 

7 ‘‘(iv) 0.330 percent of such gross re8 ceipts for the fifth distant signal equivalent 

9 and each distant signal equivalent there10 after. 

11 ‘‘(C) In computing amounts under clauses 

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

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

14 equivalent shall be computed at its frac15 tional value; 

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

17 located partly within and partly outside of 

18 the local service area of a primary trans19 mitter, gross receipts shall be limited to 

20 those gross receipts derived from sub21 scribers located outside of the local service 

22 area of such primary transmitter; and 

23 ‘‘(iii) if a cable system provides a sec24 ondary transmission of a primary transVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 mitter to some but not all communities 

2 served by that cable system— 

3 ‘‘(I) the gross receipts and the 

4 distant signal equivalent values for 

5 such secondary transmission shall be 

6 derived solely on the basis of the sub7 scribers in those communities where 

8 the cable system provides such sec9 ondary transmission; and 

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

11 period paid by such system shall not 

12 be less than the royalty fee calculated 

13 under subparagraph (B)(i) multiplied 

14 by the gross receipts from all sub15 scribers to the system. 

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

17 submitted before the date of the enactment of 

18 the Satellite Television Extension and Localism 

19 Act of 2010, computed its royalty fee consistent 

20 with the methodology under subparagraph 

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

22 such date of enactment to compute the royalty 

23 fee due using such methodology, shall not be 

24 subject to an action for infringement, or eligible 


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1 for any royalty refund or offset, arising out of 

2 its use of such methodology on such statement. 

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

4 subscribers to a cable system for the period cov5 ered by the statement for the basic service of 

6 providing secondary transmissions of primary 

7 broadcast transmitters are $263,800 or less— 

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

9 for the purpose of this paragraph shall be 

10 computed by subtracting from such actual 

11 gross receipts the amount by which 

12 $263,800 exceeds such actual gross re13 ceipts, except that in no case shall a cable 

14 system’s gross receipts be reduced to less 

15 than $10,400; and 

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

17 paragraph to copyright owners pursuant to 

18 paragraph (3) shall be 0.5 percent, regard19 less of the number of distant signal equiva20 lents, if any. 

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

22 subscribers to a cable system for the period cov23 ered by the statement for the basic service of 

24 providing secondary transmissions of primary 

25 broadcast transmitters are more than $263,800 


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

2 under this paragraph to copyright owners pur3 suant to paragraph (3) shall be— 

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

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

6 of distant signal equivalents, if any; and 

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

8 excess of $263,800, but less than 

9 $527,600, regardless of the number of dis10 tant signal equivalents, if any. 

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

12 Register of Copyrights pursuant to section 

13 708(a).’’; 

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

15 (A) by striking ‘‘The Register of Copy16 rights’’ and inserting the following ‘‘HANDLING

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

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

19 specified in paragraph (1)(G))’’ after ‘‘shall re20 ceive all fees’’; 

21 (3) in paragraph (3)— 

22 (A) by striking ‘‘The royalty fees’’ and in23 serting the following: ‘‘DISTRIBUTION OF ROY24 ALTY FEES TO COPYRIGHT OWNERS.—The roy25 alty fees’’; 


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1 (B) in subparagraph (A)— 

2 (i) by striking ‘‘any such’’ and insert3 ing ‘‘Any such’’; and 

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

5 a period; 

6 (C) in subparagraph (B)— 

7 (i) by striking ‘‘any such’’ and insert8 ing ‘‘Any such’’; and 

9 (ii) by striking the semicolon and in10 serting a period; and 

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

12 such’’ and inserting ‘‘Any such’’; 

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

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

15 FOR ROYALTY FEE DISTRIBUTION.—The royalty 

16 fees’’; and 

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

18 paragraphs: 

19 ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX20 CLUSIVITY SURCHARGE NOT APPLICABLE TO

21 MULTICAST STREAMS.—The royalty rates specified 

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

23 of Federal Regulations (commonly referred to as the 

24 ‘3.75 percent rate’ and the ‘syndicated exclusivity 

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


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1 the enactment of the Satellite Television Extension 

2 and Localism Act of 2010, as such rates may be ad3 justed, or such sections redesignated, thereafter by 

4 the Copyright Royalty Judges, shall not apply to the 

5 secondary transmission of a multicast stream. 

6 ‘‘(6) VERIFICATION OF ACCOUNTS AND FEE

7 PAYMENTS.—The Register of Copyrights shall issue 

8 regulations to provide for the confidential 

9 verification by copyright owners whose works were 

10 embodied in the secondary transmissions of primary 

11 transmissions pursuant to this section of the infor12 mation reported on the semiannual statements of ac13 count filed under this subsection on or after January 

14 1, 2010, in order that the auditor designated under 

15 subparagraph (A) is able to confirm the correctness 

16 of the calculations and royalty payments reported 

17 therein. The regulations shall— 

18 ‘‘(A) establish procedures for the designa19 tion of a qualified independent auditor— 

20 ‘‘(i) with exclusive authority to re21 quest verification of such a statement of 

22 account on behalf of all copyright owners 

23 whose works were the subject of secondary 

24 transmissions of primary transmissions by 

25 the cable system (that deposited the stateVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 ment) during the accounting period cov2 ered by the statement; and 

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

4 or agent of any such copyright owner for 

5 any purpose other than such audit; 

6 ‘‘(B) establish procedures for safeguarding 

7 all non-public financial and business informa8 tion provided under this paragraph; 

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

10 the independent auditor to review its conclu11 sions with a designee of the cable system; 

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

13 system to remedy any errors identified in the 

14 auditor’s report and to cure any underpayment 

15 identified; and 

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

17 disputed facts or conclusions; 

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

19 verification for a particular cable system and 

20 the number of audits that a multiple system op21 erator can be required to undergo in a single 

22 year; and 

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

24 statement of account to be made only within 3 


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

2 statement of account is filed. 

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

4 Any royalty fee payments received by the Copyright 

5 Office from cable systems for the secondary trans6 mission of primary transmissions that are in addi7 tion to the payments calculated and deposited in ac8 cordance with this subsection shall be deemed to 

9 have been deposited for the particular accounting pe10 riod for which they are received and shall be distrib11 uted as specified under this subsection.’’. 

12 (d) EFFECTIVE DATE OF NEW ROYALTY FEE

13 RATES.—The royalty fee rates established in section 

14 111(d)(1)(B) of title 17, United States Code, as amended 

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

16 commencing with the first accounting period occurring in 

17 2010. 

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

19 (1) by striking the first undesignated paragraph 

20 and inserting the following: 

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

22 transmission’ is a transmission made to the public 

23 by a transmitting facility whose signals are being re24 ceived and further transmitted by a secondary trans25 mission service, regardless of where or when the perVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 formance or display was first transmitted. In the 

2 case of a television broadcast station, the primary 

3 stream and any multicast streams transmitted by 

4 the station constitute primary transmissions.’’; 

5 (2) in the second undesignated paragraph— 

6 (A) by striking ‘‘A ‘secondary trans7 mission’ ’’ and inserting the following: 

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

9 transmission’ ’’; and 

10 (B) by striking ‘‘ ‘cable system’ ’’ and in11 serting ‘‘cable system’’; 

12 (3) in the third undesignated paragraph— 

13 (A) by striking ‘‘A ‘cable system’ ’’ and in14 serting the following: 

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

16 (B) by striking ‘‘Territory, Trust Terri17 tory, or Possession’’ and inserting ‘‘territory, 

18 trust territory, or possession of the United 

19 States’’; 

20 (4) in the fourth undesignated paragraph, in 

21 the first sentence— 

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

23 a primary transmitter’, in the case of a tele24 vision broadcast station, comprises the area in 


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1 which such station is entitled to insist’’ and in2 serting the following: 

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

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

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

6 and any multicast streams transmitted by a primary 

7 transmitter that is a television broadcast station, 

8 comprises the area where such primary transmitter 

9 could have insisted’’; 

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

11 Code of Federal Regulations’’ and inserting the 

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

13 Regulations, or within the noise-limited contour 

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

15 Federal Regulations’’; and 

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

17 and regulations of the Federal Communications 

18 Commission,’’; 

19 (5) by amending the fifth undesignated para20 graph to read as follows: 

21 ‘‘(5) DISTANT SIGNAL EQUIVALENT.— 

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

23 under subparagraph (B), a ‘distant signal 

24 equivalent’— 


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1 ‘‘(i) is the value assigned to the sec2 ondary transmission of any non-network 

3 television programming carried by a cable 

4 system in whole or in part beyond the local 

5 service area of the primary transmitter of 

6 such programming; and 

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

8 of one to each primary stream and to each 

9 multicast stream (other than a simulcast) 

10 that is an independent station, and by as11 signing a value of one-quarter to each pri12 mary stream and to each multicast stream 

13 (other than a simulcast) that is a network 

14 station or a noncommercial educational 

15 station. 

16 ‘‘(B) EXCEPTIONS.—The values for inde17 pendent, network, and noncommercial edu18 cational stations specified in subparagraph (A) 

19 are subject to the following: 

20 ‘‘(i) Where the rules and regulations 

21 of the Federal Communications Commis22 sion require a cable system to omit the fur23 ther transmission of a particular program 

24 and such rules and regulations also permit 

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1 bodying a performance or display of a 

2 work in place of the omitted transmission, 

3 or where such rules and regulations in ef4 fect on the date of the enactment of the 

5 Copyright Act of 1976 permit a cable sys6 tem, at its election, to effect such omission 

7 and substitution of a nonlive program or to 

8 carry additional programs not transmitted 

9 by primary transmitters within whose local 

10 service area the cable system is located, no 

11 value shall be assigned for the substituted 

12 or additional program. 

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

14 authorizations of the Federal Communica15 tions Commission in effect on the date of 

16 the enactment of the Copyright Act of 

17 1976 permit a cable system, at its election, 

18 to omit the further transmission of a par19 ticular program and such rules, regula20 tions, or authorizations also permit the 

21 substitution of another program embodying 

22 a performance or display of a work in 

23 place of the omitted transmission, the 

24 value assigned for the substituted or addi25 tional program shall be, in the case of a 


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1 live program, the value of one full distant 

2 signal equivalent multiplied by a fraction 

3 that has as its numerator the number of 

4 days in the year in which such substitution 

5 occurs and as its denominator the number 

6 of days in the year. 

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

8 transmission of a primary transmitter that 

9 is a television broadcast station pursuant 

10 to the late-night or specialty programming 

11 rules of the Federal Communications Com12 mission, or the secondary transmission of a 

13 primary transmitter that is a television 

14 broadcast station on a part-time basis 

15 where full-time carriage is not possible be16 cause the cable system lacks the activated 

17 channel capacity to retransmit on a full18 time basis all signals that it is authorized 

19 to carry, the values for independent, net20 work, and noncommercial educational sta21 tions set forth in subparagraph (A), as the 

22 case may be, shall be multiplied by a frac23 tion that is equal to the ratio of the broad24 cast hours of such primary transmitter re25 transmitted by the cable system to the 


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1 total broadcast hours of the primary trans2 mitter. 

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

4 the secondary transmission of the primary 

5 stream or any multicast streams of a pri6 mary transmitter that is a television broad7 cast station in any community that is with8 in the local service area of the primary 

9 transmitter.’’; 

10 (6) by striking the sixth undesignated para11 graph and inserting the following: 

12 ‘‘(6) NETWORK STATION.— 

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

14 The term ‘network station’ shall be applied to 

15 a primary stream of a television broadcast sta16 tion that is owned or operated by, or affiliated 

17 with, one or more of the television networks in 

18 the United States providing nationwide trans19 missions, and that transmits a substantial part 

20 of the programming supplied by such networks 

21 for a substantial part of the primary stream’s 

22 typical broadcast day. 

23 ‘‘(B) TREATMENT OF MULTICAST

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

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1 vision broadcast station transmits all or sub2 stantially all of the programming of an inter3 connected program service that— 

4 ‘‘(i) is owned or operated by, or affili5 ated with, one or more of the television 

6 networks described in subparagraph (A); 

7 and 

8 ‘‘(ii) offers programming on a regular 

9 basis for 15 or more hours per week to at 

10 least 25 of the affiliated television licensees 

11 of the interconnected program service in 

12 10 or more States.’’; 

13 (7) by striking the seventh undesignated para14 graph and inserting the following: 

15 ‘‘(7) INDEPENDENT STATION.—The term ‘inde16 pendent station’ shall be applied to the primary 

17 stream or a multicast stream of a television broad18 cast station that is not a network station or a non19 commercial educational station.’’; 

20 (8) by striking the eighth undesignated para21 graph and inserting the following: 

22 ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA23 TION.—The term ‘noncommercial educational sta24 tion’ shall be applied to the primary stream or a 

25 multicast stream of a television broadcast station 


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1 that is a noncommercial educational broadcast sta2 tion as defined in section 397 of the Communica3 tions Act of 1934, as in effect on the date of the en4 actment of the Satellite Television Extension and 

5 Localism Act of 2010.’’; and 

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

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

8 is— 

9 ‘‘(A) the single digital stream of program10 ming that, before June 12, 2009, was substan11 tially duplicating the programming transmitted 

12 by the television broadcast station as an analog 

13 signal; or 

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

15 subparagraph (A), then the single digital 

16 stream of programming transmitted by the tele17 vision broadcast station for the longest period 

18 of time. 

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

20 transmitter’ is a television or radio broadcast station 

21 licensed by the Federal Communications Commis22 sion, or by an appropriate governmental authority of 

23 Canada or Mexico, that makes primary trans24 missions to the public. 


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

2 stream’ is a digital stream of programming that is 

3 transmitted by a television broadcast station and is 

4 not the station’s primary stream. 

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

6 stream of a television broadcast station that dupli7 cates the programming transmitted by the primary 

8 stream or another multicast stream of such station. 

9 ‘‘(13) SUBSCRIBER; SUBSCRIBE.— 

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

11 means a person or entity that receives a sec12 ondary transmission service from a cable sys13 tem and pays a fee for the service, directly or 

14 indirectly, to the cable system. 

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

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

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

18 804(b)(1) is amended by striking ‘‘2005’’ each place it ap19 pears and inserting ‘‘2015’’. 

20 (g) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) CORRECTIONS TO FIX LEVEL DESIGNA22 TIONS.—Section 111 is amended— 

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

24 striking ‘‘clause’’ each place it appears and in25 serting ‘‘paragraph’’; 


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

2 ‘‘clauses’’ and inserting ‘‘paragraphs’’; and 

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

4 ‘‘subclause’’ and inserting ‘‘subparagraph’’. 

5 (2) CONFORMING AMENDMENT TO HYPHENATE

6 NONNETWORK.—Section 111 is amended by striking 

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

8 ‘‘non-network’’. 

9 (3) PREVIOUSLY UNDESIGNATED PARA10 GRAPH.—Section 111(e)(1) is amended by striking 

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

12 ‘‘subsection (f)(2)’’. 

13 (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec14 tion 111(e) is amended— 

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

16 at the end; 

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

18 ‘‘and’’ at the end; 

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

20 at the end; 

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

22 ‘‘and’’ at the end; and 

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

24 at the end. 


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1 (5) REMOVAL OF VARIANT FORMS REF2 ERENCES.—Section 111 is amended— 

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

4 each of its variant forms,’’; and 

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

6 their variant forms’’. 

7 (6) CORRECTION TO TERRITORY REFERENCE.— 

8 Section 111(e)(2) is amended in the matter pre9 ceding subparagraph (A) by striking ‘‘three terri10 tories’’ and inserting ‘‘five entities’’. 

11 (h) EFFECTIVE DATE WITH RESPECT TO

12 MULTICAST STREAMS.— 

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

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

15 the extent such amendments assign a distant signal 

16 equivalent value to the secondary transmission of the 

17 multicast stream of a primary transmitter, shall take 

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

19 (2) DELAYED APPLICABILITY.— 

20 (A) SECONDARY TRANSMISSIONS OF A

21 MULTICAST STREAM BEYOND THE LOCAL SERV22 ICE AREA OF ITS PRIMARY TRANSMITTER BE23 FORE 2010 ACT.—In any case in which a cable 

24 system was making secondary transmissions of 

25 a multicast stream beyond the local service area 


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1 of its primary transmitter before the date of the 

2 enactment of this Act, a distant signal equiva3 lent value (referred to in paragraph (1)) shall 

4 not be assigned to secondary transmissions of 

5 such multicast stream that are made on or be6 fore June 30, 2010. 

7 (B) MULTICAST STREAMS SUBJECT TO

8 PREEXISTING WRITTEN AGREEMENTS FOR THE

9 SECONDARY TRANSMISSION OF SUCH

10 STREAMS.—In any case in which the secondary 

11 transmission of a multicast stream of a primary 

12 transmitter is the subject of a written agree13 ment entered into on or before June 30, 2009, 

14 between a cable system or an association rep15 resenting the cable system and a primary trans16 mitter or an association representing the pri17 mary transmitter, a distant signal equivalent 

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

19 assigned to secondary transmissions of such 

20 multicast stream beyond the local service area 

21 of its primary transmitter that are made on or 

22 before the date on which such written agree23 ment expires. 

24 (C) NO REFUNDS OR OFFSETS FOR PRIOR

25 STATEMENTS OF ACCOUNT.—A cable system 


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1 that has reported secondary transmissions of a 

2 multicast stream beyond the local service area 

3 of its primary transmitter on a statement of ac4 count deposited under section 111 of title 17, 

5 United States Code, before the date of the en6 actment of this Act shall not be entitled to any 

7 refund, or offset, of royalty fees paid on ac8 count of such secondary transmissions of such 

9 multicast stream. 

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

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

12 ‘‘multicast stream’’, and ‘‘local service area of a pri13 mary transmitter’’ have the meanings given those 

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

15 Code, as amended by this section. 

16 SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF 

17 LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS. 

18 Section 119 is amended by adding at the end the fol19 lowing new subsection: 

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

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

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

23 an injunction pursuant to subsection (a)(7)(B) be24 fore the date of the enactment of this subsection 

25 shall waive such injunction if the court recognizes 


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1 the entity against which the injunction was issued as 

2 a qualified carrier. 

3 ‘‘(2) LIMITED TEMPORARY WAIVER.— 

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

5 by a satellite carrier, a court that issued an in6 junction against such carrier under subsection 

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

8 this subsection shall waive such injunction with 

9 respect to the statutory license provided under 

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

11 allow such carrier to make secondary trans12 missions of primary transmissions made by a 

13 network station to unserved households located 

14 in short markets in which such carrier was not 

15 providing local service pursuant to the license 

16 under section 122 as of December 31, 2009. 

17 ‘‘(B) EXPIRATION OF TEMPORARY WAIV18 ER.—A temporary waiver of an injunction 

19 under subparagraph (A) shall expire after the 

20 end of the 120-day period beginning on the 

21 date such temporary waiver is issued unless ex22 tended for good cause by the court making the 

23 temporary waiver. 

24 ‘‘(C) FAILURE TO PROVIDE LOCAL-INTO25 LOCAL SERVICE TO ALL DMAS.— 


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1 ‘‘(i) FAILURE TO ACT REASONABLY

2 AND IN GOOD FAITH.—If the court issuing 

3 a temporary waiver under subparagraph 

4 (A) determines that the satellite carrier 

5 that made the request for such waiver has 

6 failed to act reasonably or has failed to 

7 make a good faith effort to provide local8 into-local service to all DMAs, such fail9 ure— 

10 ‘‘(I) is actionable as an act of in11 fringement under section 501 and the 

12 court may in its discretion impose the 

13 remedies provided for in sections 502 

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

15 of this section; and 

16 ‘‘(II) shall result in the termi17 nation of the waiver issued under sub18 paragraph (A). 

19 ‘‘(ii) FAILURE TO PROVIDE LOCAL20 INTO-LOCAL SERVICE.—If the court issuing 

21 a temporary waiver under subparagraph 

22 (A) determines that the satellite carrier 

23 that made the request for such waiver has 

24 failed to provide local-into-local service to 

25 all DMAs, but determines that the carrier 


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1 acted reasonably and in good faith, the 

2 court may in its discretion impose financial 

3 penalties that reflect— 

4 ‘‘(I) the degree of control the 

5 carrier had over the circumstances 

6 that resulted in the failure; 

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

8 efforts to remedy the failure; and 

9 ‘‘(III) the severity and duration 

10 of any service interruption. 

11 ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL12 ABLE.—An entity may only receive one tem13 porary waiver under this paragraph. 

14 ‘‘(E) SHORT MARKET DEFINED.—For pur15 poses of this paragraph, the term ‘short mar16 ket’ means a local market in which program17 ming of one or more of the four most widely 

18 viewed television networks nationwide as meas19 ured on the date of the enactment of this sub20 section is not offered on the primary stream 

21 transmitted by any local television broadcast 

22 station. 

23 ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER

24 RECOGNITION.— 


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1 ‘‘(A) STATEMENT OF ELIGIBILITY.—An 

2 entity seeking to be recognized as a qualified 

3 carrier under this subsection shall file a state4 ment of eligibility with the court that imposed 

5 the injunction. A statement of eligibility must 

6 include— 

7 ‘‘(i) an affidavit that the entity is pro8 viding local-into-local service to all DMAs; 

9 ‘‘(ii) a request for a waiver of the in10 junction; and 

11 ‘‘(iii) a certification issued pursuant 

12 to section 342(a) of Communications Act 

13 of 1934. 

14 ‘‘(B) GRANT OF RECOGNITION AS A QUALI15 FIED CARRIER.—Upon receipt of a statement of 

16 eligibility, the court shall recognize the entity as 

17 a qualified carrier and issue the waiver under 

18 paragraph (1). 

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

20 time, an entity recognized as a qualified carrier 

21 may file a statement of voluntary termination 

22 with the court certifying that it no longer wish23 es to be recognized as a qualified carrier. Upon 

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1 state the injunction waived under paragraph 

2 (1). 

3 ‘‘(D) LOSS OF RECOGNITION PREVENTS

4 FUTURE RECOGNITION.—No entity may be rec5 ognized as a qualified carrier if such entity had 

6 previously been recognized as a qualified carrier 

7 and subsequently lost such recognition or volun8 tarily terminated such recognition under sub9 paragraph (C). 

10 ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND

11 COMPLIANCE.— 

12 ‘‘(A) CONTINUING OBLIGATIONS.— 

13 ‘‘(i) IN GENERAL.—An entity recog14 nized as a qualified carrier shall continue 

15 to provide local-into-local service to all 

16 DMAs. 

17 ‘‘(ii) COOPERATION WITH GAO EXAM18 INATION.—An entity recognized as a quali19 fied carrier shall fully cooperate with the 

20 Comptroller General in the examination re21 quired by subparagraph (B). 

22 ‘‘(B) QUALIFIED CARRIER COMPLIANCE

23 EXAMINATION.— 

24 ‘‘(i) EXAMINATION AND REPORT.— 

25 The Comptroller General shall conduct an 


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1 examination and publish a report con2 cerning the qualified carrier’s compliance 

3 with the royalty payment and household 

4 eligibility requirements of the license under 

5 this section. The report shall address the 

6 qualified carrier’s conduct during the pe7 riod beginning on the date on which the 

8 qualified carrier is recognized as such 

9 under paragraph (3)(B) and ending on De10 cember 31, 2011. 

11 ‘‘(ii) RECORDS OF QUALIFIED CAR12 RIER.—Beginning on the date that is one 

13 year after the date on which the qualified 

14 carrier is recognized as such under para15 graph (3)(B), but not later than October 

16 1, 2011, the qualified carrier shall provide 

17 the Comptroller General with all records 

18 that the Comptroller General, in consulta19 tion with the Register of Copyrights, con20 siders to be directly pertinent to the fol21 lowing requirements under this section: 

22 ‘‘(I) Proper calculation and pay23 ment of royalties under the statutory 

24 license under this section. 


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1 ‘‘(II) Provision of service under 

2 this license to eligible subscribers 

3 only. 

4 ‘‘(iii) SUBMISSION OF REPORT.—The 

5 Comptroller General shall file the report 

6 required by clause (i) not later than March 

7 1, 2012, with the court referred to in para8 graph (1) that issued the injunction, the 

9 Register of Copyrights, the Committees on 

10 the Judiciary and on Energy and Com11 merce of the House of Representatives, 

12 and the Committees on the Judiciary and 

13 on Commerce, Science, and Transportation 

14 of the Senate. 

15 ‘‘(iv) EVIDENCE OF INFRINGEMENT.— 

16 The Comptroller General shall include in 

17 the report a statement of whether the ex18 amination by the Comptroller General indi19 cated that there is substantial evidence 

20 that a copyright holder could bring a suc21 cessful action under this section against 

22 the qualified carrier for infringement. The 

23 Comptroller General shall consult with the 

24 Register of Copyrights in preparing such 

25 statement. 


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1 ‘‘(v) SUBSEQUENT EXAMINATION.—If 

2 the report includes the Comptroller Gen3 eral’s statement that there is substantial 

4 evidence that a copyright holder could 

5 bring a successful action under this section 

6 against the qualified carrier for infringe7 ment, the Comptroller General shall, not 

8 later than 6 months after the report under 

9 clause (i) is published, initiate another ex10 amination of the qualified carrier’s compli11 ance with the royalty payment and house12 hold eligibility requirements of the license 

13 under this section since the last report was 

14 filed under clause (iii). The Comptroller 

15 General shall file a report on such exam16 ination with the court referred to in para17 graph (1) that issued the injunction, the 

18 Register of Copyrights, the Committees on 

19 the Judiciary and on Energy and Com20 merce of the House of Representatives, 

21 and the Committees on the Judiciary and 

22 on Commerce, Science, and Transportation 

23 of the Senate. The report shall include a 

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1 pared in consultation with the Register of 

2 Copyrights. 

3 ‘‘(vi) COMPLIANCE.—Upon motion 

4 filed by an aggrieved copyright owner, the 

5 court recognizing an entity as a qualified 

6 carrier shall terminate such designation 

7 upon finding that the entity has failed to 

8 cooperate with the examinations required 

9 by this subparagraph. 

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

11 shall file an affidavit with the district court and 

12 the Register of Copyrights 30 months after 

13 such status was granted stating that, to the 

14 best of the affiant’s knowledge, it is in compli15 ance with the requirements for a qualified car16 rier. 

17 ‘‘(D) COMPLIANCE DETERMINATION.— 

18 Upon the motion of an aggrieved television 

19 broadcast station, the court recognizing an enti20 ty as a qualified carrier may make a determina21 tion of whether the entity is providing local22 into-local service to all DMAs. 

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

24 motion brought under subparagraph (D), the 

25 party making such motion shall specify one or 


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1 more designated market areas (as such term is 

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

3 failure to provide service is being alleged, and, 

4 for each such designated market area, shall 

5 plead with particularity the circumstances of 

6 the alleged failure. 

7 ‘‘(F) BURDEN OF PROOF.—In any pro8 ceeding to make a determination under sub9 paragraph (D), and with respect to a des10 ignated market area for which failure to provide 

11 service is alleged, the entity recognized as a 

12 qualified carrier shall have the burden of prov13 ing that the entity provided local-into-local serv14 ice with a good quality satellite signal to at 

15 least 90 percent of the households in such des16 ignated market area (based on the most recent 

17 census data released by the United States Cen18 sus Bureau) at the time and place alleged. 

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

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

21 an entity as a qualified carrier finds that such 

22 entity has willfully failed to provide local-into23 local service to all DMAs, such finding shall re24 sult in the loss of recognition of the entity as 

25 a qualified carrier and the termination of the 


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1 waiver provided under paragraph (1), and the 

2 court may, in its discretion— 

3 ‘‘(i) treat such failure as an act of in4 fringement under section 501, and subject 

5 such infringement to the remedies provided 

6 for in sections 502 through 506 and sub7 section (a)(6)(B) of this section; and 

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

9 $250,000 and not more than $5,000,000. 

10 ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA11 TION.—If the court determines that the failure 

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

13 nonwillful, the court may in its discretion im14 pose financial penalties for noncompliance that 

15 reflect— 

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

17 had over the circumstances that resulted in 

18 the failure; 

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

20 to remedy the failure and restore service; 

21 and 

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

23 service interruption. 

24 ‘‘(6) PENALTIES FOR VIOLATIONS OF LI25 CENSE.—A court that finds, under subsection 


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

2 carrier has willfully made a secondary transmission 

3 of a primary transmission made by a network sta4 tion and embodying a performance or display of a 

5 work to a subscriber who is not eligible to receive 

6 the transmission under this section shall reinstate 

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

8 court may order statutory damages of not more than 

9 $2,500,000. 

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

11 DEFINED.—For purposes of this subsection: 

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

13 ‘local-into-local service to all DMAs’ if the enti14 ty provides local service in all designated mar15 ket areas (as such term is defined in section 

16 122(j)(2)(C)) pursuant to the license under sec17 tion 122. 

18 ‘‘(B) HOUSEHOLD COVERAGE.—For pur19 poses of subparagraph (A), an entity that 

20 makes available local-into-local service with a 

21 good quality satellite signal to at least 90 per22 cent of the households in a designated market 

23 area based on the most recent census data re24 leased by the United States Census Bureau 


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1 shall be considered to be providing local service 

2 to such designated market area. 

3 ‘‘(C) GOOD QUALITY SATELLITE SIGNAL

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

5 the meaning given such term under section 

6 342(e)(2) of Communications Act of 1934.’’. 

7 SEC. 106. COPYRIGHT OFFICE FEES. 

8 Section 708(a) is amended— 

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

10 the semicolon; 

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

12 inserting a semicolon; 

13 (3) by inserting after paragraph (9) the fol14 lowing: 

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

16 secondary transmissions of primary transmissions 

17 pursuant to section 119 or 122; and 

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

19 secondary transmissions of primary transmissions 

20 pursuant to section 111.’’; and 

21 (4) by adding at the end the following new sen22 tence: ‘‘Fees established under paragraphs (10) and 

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

24 of the cost necessary to cover reasonable expenses 

25 incurred by the Copyright Office for the collection 


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1 and administration of the statements of account and 

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

3 SEC. 107. TERMINATION OF LICENSE. 

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

5 amended by striking ‘‘April 30, 2010’’ and inserting ‘‘De6 cember 31, 2020’’. 

7 SEC. 108. CONSTRUCTION. 

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

9 United States Code, including the amendments made to 

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

11 meaning of any terms under the Communications Act of 

12 1934, except to the extent that such sections are specifi13 cally cross-referenced in such Act or the regulations issued 

14 thereunder. 

15 TITLE II—COMMUNICATIONS 

16 PROVISIONS 

17 SEC. 201. REFERENCE. 

18 Except as otherwise provided, whenever in this title 

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

20 the reference shall be considered to be made to such sec21 tion or provision of the Communications Act of 1934 (47 

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

23 SEC. 202. EXTENSION OF AUTHORITY. 

24 Section 325(b) is amended— 


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

2 2010’’ and inserting ‘‘December 31, 2020’’; and 

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

4 2010’’ each place it appears in clauses (ii) and (iii) 

5 and inserting ‘‘January 1, 2021’’. 

6 SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 

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

8 340(b) are amended to read as follows: 

9 ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK10 ING LOCAL-INTO-LOCAL SERVICE.—This section shall 

11 apply only to retransmissions to subscribers of a sat12 ellite carrier who receive retransmissions of a signal 

13 from that satellite carrier pursuant to section 338. 

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

15 may retransmit to a subscriber in high definition 

16 format the signal of a station determined by the 

17 Commission to be significantly viewed under sub18 section (a) only if such carrier also retransmits in 

19 high definition format the signal of a station located 

20 in the local market of such subscriber and affiliated 

21 with the same network whenever such format is 

22 available from such station.’’. 

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

24 the date of the enactment of this Act, the Federal Commu25 nications Commission shall take all actions necessary to 


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1 promulgate a rule to implement the amendments made by 

2 subsection (a). 

3 SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING 

4 AMENDMENTS. 

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

6 (1) in subsection (a), by striking ‘‘(3) EFFEC7 TIVE DATE.—No satellite’’ and all that follows 

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

9 (2) by amending subsection (g) to read as fol10 lows: 

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

12 RECEPTION ANTENNA.— 

13 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat14 ellite carrier that retransmits the signals of local tel15 evision broadcast stations in a local market shall re16 transmit such stations in such market so that a sub17 scriber may receive such stations by means of a sin18 gle reception antenna and associated equipment. 

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

20 the carrier retransmits the signals of local television 

21 broadcast stations in a local market in high defini22 tion format, the carrier shall retransmit such signals 

23 in such market so that a subscriber may receive 

24 such signals by means of a single reception antenna 

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1 sociated equipment may be separate from the single 

2 reception antenna and associated equipment used to 

3 comply with paragraph (1).’’. 

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

5 (1) in subsection (a)— 

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

7 two network stations’’ and all that follows 

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

9 and 

10 (B) in paragraph (2)— 

11 (i) in the heading for subparagraph 

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

13 (ii) in subparagraph (A)— 

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

15 by striking ‘‘ANALOG’’; 

16 (II) in clause (i)— 

17 (aa) by striking ‘‘analog’’ 

18 each place it appears; and 

19 (bb) by striking ‘‘October 1, 

20 2004’’ and inserting ‘‘October 1, 

21 2009’’; 

22 (III) in the heading for clause 

23 (ii), by striking ‘‘ANALOG’’; and 

24 (IV) in clause (ii)— 


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1 (aa) by striking ‘‘analog’’ 

2 each place it appears; and 

3 (bb) by striking ‘‘2004’’ and 

4 inserting ‘‘2009’’; 

5 (iii) by amending subparagraph (B) to 

6 read as follows: 

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

8 ‘‘(i) IN GENERAL.—In the case of a 

9 subscriber of a satellite carrier who is eligi10 ble to receive the signal of a network sta11 tion under this section (in this subpara12 graph referred to as a ‘distant signal’), 

13 other than subscribers to whom subpara14 graph (A) applies, the following shall 

15 apply: 

16 ‘‘(I) In a case in which the sat17 ellite carrier makes available to that 

18 subscriber, on January 1, 2005, the 

19 signal of a local network station affili20 ated with the same television network 

21 pursuant to section 338, the carrier 

22 may only provide the secondary trans23 missions of the distant signal of a sta24 tion affiliated with the same network 

25 to that subscriber if the subscriber’s 


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1 satellite carrier, not later than March 

2 1, 2005, submits to that television 

3 network the list and statement re4 quired by subparagraph (F)(i). 

5 ‘‘(II) In a case in which the sat6 ellite carrier does not make available 

7 to that subscriber, on January 1, 

8 2005, the signal of a local network 

9 station pursuant to section 338, the 

10 carrier may only provide the sec11 ondary transmissions of the distant 

12 signal of a station affiliated with the 

13 same network to that subscriber if— 

14 ‘‘(aa) that subscriber seeks 

15 to subscribe to such distant sig16 nal before the date on which such 

17 carrier commences to carry pur18 suant to section 338 the signals 

19 of stations from the local market 

20 of such local network station; and 

21 ‘‘(bb) the satellite carrier, 

22 within 60 days after such date, 

23 submits to each television net24 work the list and statement re25 quired by subparagraph (F)(ii). 


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1 ‘‘(ii) SPECIAL CIRCUMSTANCES.—A 

2 subscriber of a satellite carrier who was 

3 lawfully receiving the distant signal of a 

4 network station on the day before the date 

5 of enactment of the Satellite Television Ex6 tension and Localism Act of 2010 may re7 ceive both such distant signal and the local 

8 signal of a network station affiliated with 

9 the same network until such subscriber 

10 chooses to no longer receive such distant 

11 signal from such carrier, whether or not 

12 such subscriber elects to subscribe to such 

13 local signal.’’; 

14 (iv) in subparagraph (C)— 

15 (I) by striking ‘‘analog’’; 

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

17 Satellite Home Viewer Extension and 

18 Reauthorization Act of 2004; and’’ 

19 and inserting the following: 

20 ‘‘the Satellite Television Extension and Lo21 calism Act of 2010 and, at the time such 

22 person seeks to subscribe to receive such 

23 secondary transmission, resides in a local 

24 market where the satellite carrier makes 

25 available to that person the signal of a 


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1 local network station affiliated with the 

2 same television network pursuant to sec3 tion 338 (and the retransmission of such 

4 signal by such carrier can reach such sub5 scriber); or’’; and 

6 (III) by amending clause (ii) to 

7 read as follows: 

8 ‘‘(ii) lawfully subscribes to and re9 ceives a distant signal on or after the date 

10 of enactment of the Satellite Television Ex11 tension and Localism Act of 2010, and, 

12 subsequent to such subscription, the sat13 ellite carrier makes available to that sub14 scriber the signal of a local network station 

15 affiliated with the same network as the dis16 tant signal (and the retransmission of such 

17 signal by such carrier can reach such sub18 scriber), unless such person subscribes to 

19 the signal of the local network station 

20 within 60 days after such signal is made 

21 available.’’; 

22 (v) in subparagraph (D)— 

23 (I) in the heading, by striking 

24 ‘‘DIGITAL’’; 


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

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

3 (xi); 

4 (III) by redesignating clause (vi) 

5 as clause (i) and transferring such 

6 clause to appear before clause (ii); 

7 (IV) by amending such clause (i) 

8 (as so redesignated) to read as fol9 lows: 

10 ‘‘(i) ELIGIBILITY AND SIGNAL TEST11 ING.—A subscriber of a satellite carrier 

12 shall be eligible to receive a distant signal 

13 of a network station affiliated with the 

14 same network under this section if, with 

15 respect to a local network station, such 

16 subscriber— 

17 ‘‘(I) is a subscriber whose house18 hold is not predicted by the model 

19 specified in subsection (c)(3) to re20 ceive the signal intensity required 

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

22 case of a low-power station or trans23 lator station transmitting an analog 

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


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1 Code of Federal Regulations, or a suc2 cessor regulation; 

3 ‘‘(II) is determined, based on a 

4 test conducted in accordance with sec5 tion 73.686(d) of title 47, Code of 

6 Federal Regulations, or any successor 

7 regulation, not to be able to receive a 

8 signal that exceeds the signal intensity 

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

10 in the case of a low-power station or 

11 translator station transmitting an 

12 analog signal, section 73.683(a) of 

13 such title, or a successor regulation; 

14 or 

15 ‘‘(III) is in an unserved house16 hold, as determined under section 

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

18 States Code.’’; 

19 (V) in clause (ii)— 

20 (aa) by striking ‘‘DIGITAL’’ 

21 in the heading; 

22 (bb) by striking ‘‘digital’’ 

23 the first two places such term ap24 pears; 


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1 (cc) by striking ‘‘Satellite 

2 Home Viewer Extension and Re3 authorization Act of 2004’’ and 

4 inserting ‘‘Satellite Television 

5 Extension and Localism Act of 

6 2010’’; and 

7 (dd) by striking ‘‘, whether 

8 or not such subscriber elects to 

9 subscribe to local digital signals’’; 

10 (VI) by inserting after clause (ii) 

11 the following new clause: 

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

13 In a case in which the satellite carrier 

14 makes available to an eligible subscriber 

15 under this subparagraph the signal of a 

16 local network station pursuant to section 

17 338, the carrier may only provide the dis18 tant signal of a station affiliated with the 

19 same network to that subscriber if, in the 

20 case of any local market in the 48 contig21 uous States of the United States, the dis22 tant signal is the secondary transmission 

23 of a station whose prime time network pro24 gramming is generally broadcast simulta25 neously with, or later than, the prime time 


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1 network programming of the affiliate of 

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

3 and 

4 (VII) by redesignating clause (x) 

5 as clause (iv); and 

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

7 ‘‘distant analog signal or’’ and all that fol8 lows through ‘‘(B), or (D))’’ and inserting 

9 ‘‘distant signal’’; 

10 (2) in subsection (c)— 

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

12 follows: 

13 ‘‘(3) ESTABLISHMENT OF IMPROVED PRE14 DICTIVE MODEL AND ON-LOCATION TESTING RE15 QUIRED.— 

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

17 days after the date of the enactment of the Sat18 ellite Television Extension and Localism Act of 

19 2010, the Commission shall develop and pre20 scribe by rule a point-to-point predictive model 

21 for reliably and presumptively determining the 

22 ability of individual locations, through the use 

23 of an antenna, to receive signals in accordance 

24 with the signal intensity standard in section 

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1 lations, or a successor regulation, including to 

2 account for the continuing operation of trans3 lator stations and low power television stations. 

4 In prescribing such model, the Commission 

5 shall rely on the Individual Location Longley6 Rice model set forth by the Commission in CS 

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

8 respect to analog signals, and as recommended 

9 by the Commission with respect to digital sig10 nals in its Report to Congress in ET Docket 

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

12 9, 2005). The Commission shall establish proce13 dures for the continued refinement in the appli14 cation of the model by the use of additional 

15 data as it becomes available. 

16 ‘‘(B) ON-LOCATION TESTING.—The Com17 mission shall issue an order completing its rule18 making proceeding in ET Docket No. 06–94 

19 within 240 days after the date of enactment of 

20 the Satellite Television Extension and Localism 

21 Act of 2010. In conducting such rulemaking, 

22 the Commission shall seek ways to minimize 

23 consumer burdens associated with on-location 

24 testing.’’; 


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

2 as follows: 

3 ‘‘(A) IN GENERAL.—If a subscriber’s re4 quest for a waiver under paragraph (2) is re5 jected and the subscriber submits to the sub6 scriber’s satellite carrier a request for a test 

7 verifying the subscriber’s inability to receive a 

8 signal of the signal intensity referenced in 

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

10 carrier and the network station or stations as11 serting that the retransmission is prohibited 

12 with respect to that subscriber shall select a 

13 qualified and independent person to conduct the 

14 test referenced in such clause. Such test shall 

15 be conducted within 30 days after the date the 

16 subscriber submits a request for the test. If the 

17 written findings and conclusions of a test con18 ducted in accordance with such clause dem19 onstrate that the subscriber does not receive a 

20 signal that meets or exceeds the requisite signal 

21 intensity standard in such clause, the subscriber 

22 shall not be denied the retransmission of a sig23 nal of a network station under section 

24 119(d)(10)(A) of title 17, United States 

25 Code.’’; 


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

2 signal intensity’’ and all that follows through 

3 ‘‘United States Code’’ and inserting ‘‘such req4 uisite signal intensity standard’’; and 

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

6 ‘‘Grade B intensity’’. 

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

8 striking paragraph (4). 

9 SEC. 205. APPLICATION PENDING COMPLETION OF 

10 RULEMAKINGS. 

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

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

13 date on which the Federal Communications Commission 

14 adopts rules pursuant to the amendments to the Commu15 nications Act of 1934 made by section 203 and section 

16 204 of this title, the Federal Communications Commission 

17 shall follow its rules and regulations promulgated pursu18 ant to sections 338, 339, and 340 of the Communications 

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

20 the enactment of this Act. 

21 (b) TRANSLATOR STATIONS AND LOW POWER TELE22 VISION STATIONS.—Notwithstanding subsection (a), for 

23 purposes of determining whether a subscriber within the 

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

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1 gible to receive distant signals under section 339 of the 

2 Communications Act of 1934, the rules and regulations 

3 of the Federal Communications Commission for deter4 mining such subscriber’s eligibility as in effect on the day 

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

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

7 television station is licensed to broadcast a digital signal. 

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

9 (1) LOCAL MARKET; LOW POWER TELEVISION

10 STATION; SATELLITE CARRIER; SUBSCRIBER; TELE11 VISION BROADCAST STATION.—The terms ‘‘local 

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

13 carrier’’, ‘‘subscriber’’, and ‘‘television broadcast sta14 tion’’ have the meanings given such terms in section 

15 338(k) of the Communications Act of 1934. 

16 (2) NETWORK STATION; TELEVISION NET17 WORK.—The terms ‘‘network station’’ and ‘‘tele18 vision network’’ have the meanings given such terms 

19 in section 339(d) of such Act. 

20 SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CER21 TIFICATION. 

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

23 the following new section: 


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

2 CERTIFICATION. 

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

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

5 of title 17, United States Code, if the Commission deter6 mines that— 

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

8 pursuant to the statutory license under section 122 

9 of such title in each designated market area; and 

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

11 area in which such satellite carrier was not providing 

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

13 Satellite Television Extension and Localism Act of 

14 2010— 

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

16 are designed, and predicted by the satellite 

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

18 a good quality satellite signal to at least 90 per19 cent of the households in each such designated 

20 market area based on the most recent census 

21 data released by the United States Census Bu22 reau; and 

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

24 there has been a satellite or sub-system failure 

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1 cludes the ability of the satellite carrier to sat2 isfy the requirements of subparagraph (A). 

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

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

5 to the Commission the following information: 

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

7 affiant’s knowledge, the satellite carrier provides 

8 local service in all designated market areas pursuant 

9 to the statutory license provided for in section 122 

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

11 designated market areas in which local service was 

12 provided as of the date of enactment of the Satellite 

13 Television Extension and Localism Act of 2010. 

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

15 in paragraph (1): 

16 ‘‘(A) Identification of each such designated 

17 market area and the location of its local receive 

18 facility. 

19 ‘‘(B) Data showing the number of house20 holds, and maps showing the geographic dis21 tribution thereof, in each such designated mar22 ket area based on the most recent census data 

23 released by the United States Census Bureau. 

24 ‘‘(C) Maps, with superimposed effective 

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1 tained in the satellite manufacturer’s pre2 launch tests, showing that the contours of the 

3 carrier’s satellite beams as designed and the ge4 ographic area that the carrier’s satellite beams 

5 are designed to cover are predicted to provide 

6 a good quality satellite signal to at least 90 per7 cent of the households in such designated mar8 ket area based on the most recent census data 

9 released by the United States Census Bureau. 

10 ‘‘(D) For any satellite relied upon for cer11 tification under this section, an affidavit stating 

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

13 there have been no satellite or sub-system fail14 ures subsequent to the satellite’s launch that 

15 would degrade the design performance to such 

16 a degree that a satellite transponder used to 

17 provide local service to any such designated 

18 market area is precluded from delivering a good 

19 quality satellite signal to at least 90 percent of 

20 the households in such designated market area 

21 based on the most recent census data released 

22 by the United States Census Bureau. 

23 ‘‘(E) Any additional engineering, des24 ignated market area, or other information the 

25 Commission considers necessary to determine 


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1 whether the Commission shall grant a certifi2 cation under this section. 

3 ‘‘(c) CERTIFICATION ISSUANCE.— 

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

5 provide 30 days for public comment on a request for 

6 certification under this section. 

7 ‘‘(2) DEADLINE FOR DECISION.—The Commis8 sion shall grant or deny a request for certification 

9 within 90 days after the date on which such request 

10 is filed. 

11 ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity grant12 ed qualified carrier status pursuant to section 119(g) of 

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

14 the Commission 30 months after such status was granted 

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

16 in compliance with the requirements for a qualified car17 rier. 

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

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

20 ‘designated market area’ has the meaning given such 

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

22 States Code. 

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

24 ‘‘(A) IN GENERAL.—The term ‘‘good qual25 ity satellite signal’’ means— 


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1 ‘‘(i) a satellite signal whose power 

2 level as designed shall achieve reception 

3 and demodulation of the signal at an avail4 ability level of at least 99.7 percent 

5 using— 

6 ‘‘(I) models of satellite antennas 

7 normally used by the satellite carrier’s 

8 subscribers; and 

9 ‘‘(II) the same calculation meth10 odology used by the satellite carrier to 

11 determine predicted signal availability 

12 in the top 100 designated market 

13 areas; and 

14 ‘‘(ii) taking into account whether a 

15 signal is in standard definition format or 

16 high definition format, compression meth17 odology, modulation, error correction, 

18 power level, and utilization of advances in 

19 technology that do not circumvent the in20 tent of this section to provide for non-dis21 criminatory treatment with respect to any 

22 comparable television broadcast station sig23 nal, a video signal transmitted by a sat24 ellite carrier such that— 


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1 ‘‘(I) the satellite carrier treats all 

2 television broadcast stations’ signals 

3 the same with respect to statistical 

4 multiplexer prioritization; and 

5 ‘‘(II) the number of video signals 

6 in the relevant satellite transponder is 

7 not more than the then current great8 est number of video signals carried on 

9 any equivalent transponder serving 

10 the top 100 designated market areas. 

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

12 of subparagraph (A), the top 100 designated 

13 market areas shall be as determined by Nielsen 

14 Media Research and published in the Nielsen 

15 Station Index Directory and Nielsen Station 

16 Index United States Television Household Esti17 mates or any successor publication as of the 

18 date of a satellite carrier’s application for cer19 tification under this section.’’. 

20 SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEF21 INITION DIGITAL SIGNALS OF NONCOMMER22 CIAL EDUCATIONAL TELEVISION STATIONS. 

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

24 adding at the end the following new paragraph: 


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1 ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF

2 HIGH DEFINITION SIGNALS OF NONCOMMERCIAL

3 EDUCATIONAL TELEVISION STATIONS.— 

4 ‘‘(A) EXISTING CARRIAGE OF HIGH DEFI5 NITION SIGNALS.—If, before the date of enact6 ment of the Satellite Television Extension and 

7 Localism Act of 2010, an eligible satellite car8 rier is providing, under section 122 of title 17, 

9 United States Code, any secondary trans10 missions in high definition format to sub11 scribers located within the local market of a tel12 evision broadcast station of a primary trans13 mission made by that station, then such sat14 ellite carrier shall carry the signals in high-defi15 nition format of qualified noncommercial edu16 cational television stations located within that 

17 local market in accordance with the following 

18 schedule: 

19 ‘‘(i) By December 31, 2010, in at 

20 least 50 percent of the markets in which 

21 such satellite carrier provides such sec22 ondary transmissions in high definition 

23 format. 

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

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1 vides such secondary transmissions in high 

2 definition format. 

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

4 or after the date of enactment of the Satellite 

5 Television Extension and Localism Act of 2010, 

6 an eligible satellite carrier initiates the provi7 sion, under section 122 of title 17, United 

8 States Code, of any secondary transmissions in 

9 high definition format to subscribers located 

10 within the local market of a television broadcast 

11 station of a primary transmission made by that 

12 station, then such satellite carrier shall carry 

13 the signals in high-definition format of all 

14 qualified noncommercial educational television 

15 stations located within that local market.’’. 

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

17 (1) by redesignating paragraphs (2) through 

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

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph: 

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

22 ‘eligible satellite carrier’ means any satellite carrier 

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


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1 ‘‘(A) governs carriage of at least 30 quali2 fied noncommercial educational television sta3 tions; and 

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

5 after the date of enactment of the Satellite Tel6 evision Extension and Localism Act of 2010.’’; 

7 (3) by redesignating paragraphs (6) through 

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

9 through (10), respectively; and 

10 (4) by inserting after paragraph (5) (as so re11 designated) the following new paragraph: 

12 ‘‘(6) QUALIFIED NONCOMMERCIAL EDU13 CATIONAL TELEVISION STATION.—The term ‘quali14 fied noncommercial educational television station’ 

15 means any full-power television broadcast station 

16 that— 

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

18 Commission in effect on March 29, 1990, is li19 censed by the Commission as a noncommercial 

20 educational broadcast station and is owned and 

21 operated by a public agency, nonprofit founda22 tion, nonprofit corporation, or nonprofit asso23 ciation; and 

24 ‘‘(B) has as its licensee an entity that is el25 igible to receive a community service grant, or 


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1 any successor grant thereto, from the Corpora2 tion for Public Broadcasting, or any successor 

3 organization thereto, on the basis of the for4 mula set forth in section 396(k)(6)(B) of this 

5 title.’’. 

6 SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS. 

7 Nothing in this title or the amendments made by this 

8 title shall be construed to affect— 

9 (1) the meaning of the terms ‘‘program re10 lated’’ and ‘‘primary video’’ under the Communica11 tions Act of 1934; or 

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

13 regulations issued by the Federal Communications 

14 Commission. 

15 SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS. 

16 Section 335(b) is amended— 

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

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

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

20 following: 

21 ‘‘(1) CHANNEL CAPACITY REQUIRED.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the Commission shall re24 quire, as a condition of any provision, initial au25 thorization, or authorization renewal for a proVerDate Nov 24 2008 22:43 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S3191.CPS S3191

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1 vider of direct broadcast satellite service pro2 viding video programming, that the provider of 

3 such service reserve a portion of its channel ca4 pacity, equal to not less than 4 percent nor 

5 more than 7 percent, exclusively for non6 commercial programming of an educational or 

7 informational nature. 

8 ‘‘(B) REQUIREMENT FOR QUALIFIED SAT9 ELLITE PROVIDER.—The Commission shall re10 quire, as a condition of any provision, initial au11 thorization, or authorization renewal for a 

12 qualified satellite provider of direct broadcast 

13 satellite service providing video programming, 

14 that such provider reserve a portion of its chan15 nel capacity, equal to not less than 3.5 percent 

16 nor more than 7 percent, exclusively for non17 commercial programming of an educational or 

18 informational nature.’’; 

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

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

21 this subsection:’’; and 

22 (4) by adding at the end of paragraph (5) the 

23 following: 


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

2 means any provider of direct broadcast satellite 

3 service that— 

4 ‘‘(i) provides the retransmission of the 

5 State public affairs networks of at least 15 

6 different States; 

7 ‘‘(ii) offers the programming of State 

8 public affairs networks upon reasonable 

9 prices, terms, and conditions as determined 

10 by the Commission under paragraph (4); 

11 and 

12 ‘‘(iii) does not delete any noncommer13 cial programming of an educational or in14 formational nature in connection with the 

15 carriage of a State public affairs network. 

16 ‘‘(D) The term ‘State public affairs net17 work’ means a non-commercial non-broadcast 

18 network or a noncommercial educational tele19 vision station— 

20 ‘‘(i) whose programming consists of 

21 information about State government delib22 erations and public policy events; and 

23 ‘‘(ii) that is operated by— 

24 ‘‘(I) a State government or sub25 division thereof; 


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1 ‘‘(II) an organization described 

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

3 Revenue Code of 1986 that is exempt 

4 from taxation under section 501(a) of 

5 such Code and that is governed by an 

6 independent board of directors; or 

7 ‘‘(III) a cable system.’’. 

8 TITLE III—REPORTS AND 

9 SAVINGS PROVISION 

10 SEC. 301. DEFINITION. 

11 In this title, the term ‘‘appropriate Congressional 

12 committees’’ means the Committees on the Judiciary and 

13 on Commerce, Science, and Transportation of the Senate 

14 and the Committees on the Judiciary and on Energy and 

15 Commerce of the House of Representatives. 

16 SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO 

17 STATUTORY LICENSING. 

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

19 of this Act, and after consultation with the Federal Com20 munications Commission, the Register of Copyrights shall 

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

23 (1) proposed mechanisms, methods, and rec24 ommendations on how to implement a phase-out of 

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1 tions 111, 119, and 122 of title 17, United States 

2 Code, by making such sections inapplicable to the 

3 secondary transmission of a performance or display 

4 of a work embodied in a primary transmission of a 

5 broadcast station that is authorized to license the 

6 same secondary transmission directly with respect to 

7 all of the performances and displays embodied in 

8 such primary transmission; 

9 (2) any recommendations for alternative means 

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

11 statutory licensing requirements set forth in sections 

12 111, 119, and 122 of title 17, United States Code; 

13 and 

14 (3) any recommendations for legislative or ad15 ministrative actions as may be appropriate to 

16 achieve such a phase-out. 

17 SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF 

18 STATUTORY LICENSING MODIFICATIONS. 

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

20 a study that analyzes and evaluates the changes to the 

21 carriage requirements currently imposed on multichannel 

22 video programming distributors under the Communica23 tions Act of 1934 (47 U.S.C. 151 et seq.) and the regula24 tions promulgated by the Federal Communications Com25 mission that would be required or beneficial to consumers, 


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1 and such other matters as the Comptroller General deems 

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

3 current statutory licensing requirements set forth under 

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

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

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

7 requirements would have on consumer prices and access 

8 to programming. 

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

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

11 report to the appropriate Congressional committees the re12 sults of the study, including any recommendations for leg13 islative or administrative actions. 

14 SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAM15 MING. 

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

17 of this Act, the Federal Communications Commission shall 

18 submit to the appropriate Congressional committees a re19 port containing an analysis of— 

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

21 receive the signals of local broadcast stations as22 signed to a community of license that is located in 

23 a different State; 

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

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1 ming over the air or from a multichannel video pro2 gramming distributor; and 

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

4 designated market areas, as defined in section 122 

5 of title 17, United States Code, to define local mar6 kets that would provide more consumers with in7 state broadcast programming. 

8 SEC. 305. LOCAL NETWORK CHANNEL BROADCAST RE9 PORTS. 

10 (a) REQUIREMENT.— 

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

12 date of the enactment of this Act, and on each suc13 ceeding anniversary of such 180th day, each satellite 

14 carrier shall submit an annual report to the Federal 

15 Communications Commission setting forth— 

16 (A) each local market in which it— 

17 (i) retransmits signals of 1 or more 

18 television broadcast stations with a com19 munity of license in that market; 

20 (ii) has commenced providing such 

21 signals in the preceding 1-year period; and 

22 (iii) has ceased to provide such signals 

23 in the preceding 1-year period; and 

24 (B) detailed information regarding the use 

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1 transmission of local signals in each local mar2 ket. 

3 (2) TERMINATION.—The requirement under 

4 paragraph (1) shall cease after each satellite carrier 

5 has submitted 5 reports under such paragraph. 

6 (b) FCC STUDY; REPORT.— 

7 (1) STUDY.—If no satellite carrier files a re8 quest for a certification under section 342 of the 

9 Communications Act of 1934 (as added by section 

10 206 of this title) within 180 days after the date of 

11 the enactment of this Act, the Federal Communica12 tions Commission shall initiate a study of— 

13 (A) incentives that would induce a satellite 

14 carrier to provide the signals of 1 or more tele15 vision broadcast stations licensed to provide sig16 nals in local markets in which the satellite car17 rier does not provide such signals; and 

18 (B) the economic and satellite capacity 

19 conditions affecting delivery of local signals by 

20 satellite carriers to these markets. 

21 (2) REPORT.—Within 1 year after the date of 

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

23 Federal Communications Commission shall submit a 

24 report to the appropriate Congressional committees 


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1 containing its findings, conclusions, and rec2 ommendations. 

3 (c) DEFINITIONS.—In this section— 

4 (1) the terms ‘‘local market’’ and ‘‘satellite car5 rier’’ have the meaning given such terms in section 

6 339(d) of the Communications Act of 1934 (47 

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

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

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

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

11 SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGO12 TIATED LICENSES. 

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

14 United States Code, the Communications Act of 1934, 

15 regulations promulgated by the Register of Copyrights 

16 under this title or title 17, United States Code, or regula17 tions promulgated by the Federal Communications Com18 mission under this Act or the Communications Act of 

19 1934 shall be construed to prevent a multichannel video 

20 programming distributor from retransmitting a perform21 ance or display of a work pursuant to an authorization 

22 granted by the copyright owner or, if within the scope of 

23 its authorization, its licensee. 

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

25 construed to affect any obligation of a multichannel video 


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1 programming distributor under section 325(b) of the 

2 Communications Act of 1934 to obtain the authority of 

3 a television broadcast station before retransmitting that 

4 station’s signal. 

5 SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPY6 RIGHT. 

7 (a) EFFECTIVE DATE.—Unless specifically provided 

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

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

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

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

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

13 (b) NONINFRINGEMENT OF COPYRIGHT.—The sec14 ondary transmission of a performance or display of a work 

15 embodied in a primary transmission is not an infringe16 ment of copyright if it was made by a satellite carrier on 

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

18 this Act, and was in compliance with the law as in exist19 ence on February 27, 2010. 

20 TITLE IV—SEVERABILITY 

21 SEC. 401. SEVERABILITY. 

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

23 this Act, or the application of such provision or amend24 ment to any person or circumstance is held to be unconsti25 tutional, the remainder of this Act, the amendments made 


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

2 amendment to any person or circumstance shall not be af3 fected thereby. 

4 TITLE V—DETERMINATION OF 

5 BUDGETARY EFFECTS 

6 SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 

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

8 for the purpose of complying with the Statutory Pay-As9 You-Go-Act of 2010, shall be determined by reference to 

10 the latest statement titled ‘‘Budgetary Effects of PAYGO 

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

12 Congressional Record by the Chairman of the Senate 

13 Budget Committee, provided that such statement has been 

14 submitted prior to the vote on passage. 

Æ 


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