II 

111TH CONGRESS 

1ST SESSION H. R. 3570 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 3, 2009 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To extend the statutory license for secondary transmissions 

under title 17, United States Code, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Satellite Home Viewer 

3 Reauthorization Act of 2009’’. 

4 TITLE I—STATUTORY LICENSES 

5 SEC. 101. REFERENCE. 

6 Except as otherwise provided, whenever in this title 

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

8 the reference shall be considered to be made to such sec9 tion or provision of title 17, United States Code. 

10 SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 

11 SATELLITE CARRIERS. 

12 (a) HEADING RENAMED.— 

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

14 is amended by striking ‘‘superstations and net15 work stations for private home viewing’’ 

16 and inserting ‘‘distant television program17 ming 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 119 and inserting the following: 

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

21 (b) UNSERVED HOUSEHOLD DEFINED.—Section 

22 119(d)(10) is amended— 

23 (1) by striking subparagraph (A) and inserting 

24 the following: 


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1 ‘‘(A) cannot receive, through the use of a 

2 conventional, stationary, outdoor rooftop receiv3 ing antenna, an over-the-air signal containing 

4 the primary stream, or, on or after January 1, 

5 2013, the multicast stream, originating in that 

6 household’s local market and affiliated with 

7 that network of— 

8 ‘‘(i) if the signal originates as an ana9 log signal, Grade B intensity as defined by 

10 the Federal Communications Commission 

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

12 Federal Regulations, as in effect on Janu13 ary 1, 1999; or 

14 ‘‘(ii) if the signal originates as a dig15 ital signal, intensity defined in the values 

16 for digital television noise-limited service 

17 contour, as defined in regulations issued by 

18 the Federal Communications Commission 

19 (section 73.622(e) of title 47, Code of Fed20 eral Regulations), as such regulations may 

21 be amended from time to time;’’; 

22 (2) in subparagraph (B)— 

23 (A) by striking ‘‘subsection (a)(14)’’ and 

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


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1 (B) by striking ‘‘Satellite Home Viewer 

2 Extension and Reauthorization Act of 2004’’ 

3 and inserting ‘‘Satellite Home Viewer Reau4 thorization Act of 2009’’; and 

5 (3) in subparagraph (D), by striking ‘‘(a)(12)’’ 

6 and inserting ‘‘(a)(11)’’. 

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

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

9 after the semicolon at the end; 

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

11 and inserting ‘‘; and’’; and 

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

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

14 Register of Copyrights pursuant to section 

15 708(a).’’. 

16 (d) EMERGENCY MONITORING, PLANNING, OR RE17 SPONDING.—Section 119(a) is amended by adding at the 

18 end the following: 

19 ‘‘(17) RETRANSMISSION FOR EMERGENCY

20 PREPARATION, RESPONSE, OR RECOVERY.— 

21 ‘‘(A) AUTHORITY.—The secondary trans22 mission by a satellite carrier of a performance 

23 or display of a work embodied in a primary 

24 transmission of a television broadcast station is 


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1 not an infringement of copyright if such sec2 ondary transmission is made— 

3 ‘‘(i) to a Federal governmental body 

4 designated by the Office of Emergency 

5 Communications, in coordination with the 

6 Federal Communications Commission, or 

7 an organization established with the pur8 pose of carrying out a system of national 

9 and international relief efforts and char10 tered under section 300101 of title 36; 

11 ‘‘(ii) to officers or employees of such 

12 body or such organization as a part of the 

13 official duties or employment of such offi14 cers or employees; 

15 ‘‘(iii) at the request of the Secretary 

16 of Homeland Security; and 

17 ‘‘(iv) for the sole purpose of preparing 

18 for, responding to, or recovering from an 

19 emergency described under subparagraph 

20 (B). 

21 ‘‘(B) EMERGENCIES.—An emergency is de22 scribed under this subparagraph if the Sec23 retary of Homeland Security identifies such 

24 emergency as a major disaster, a catastrophic 


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1 incident, an act of terrorism, or a transpor2 tation security incident. 

3 ‘‘(C) REGULATIONS.—Not later than 6 

4 months after the date of the enactment of this 

5 paragraph, the Secretary of Homeland Security, 

6 in coordination with the Federal Communica7 tions Commission, the National Telecommuni8 cations and Information Administration, and 

9 the Register of Copyrights, shall issue regula10 tions to protect copyright owners by preventing 

11 the unauthorized access to the secondary trans12 missions described in subparagraph (A). 

13 ‘‘(D) REPORTS TO CONGRESSIONAL COM14 MITTEES.—Not later than one year after the 

15 date of the enactment of this paragraph and by 

16 September 30 of each year thereafter, the Sec17 retary of Homeland Security, acting through 

18 the Office of Emergency Communications, shall 

19 submit a report to the Committees on the Judi20 ciary, on Homeland Security, and on Energy 

21 and Commerce of the House of Representatives 

22 and the Committees on the Judiciary, on 

23 Homeland Security, and on Commerce, Science, 

24 and Transportation of the Senate describing— 


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1 ‘‘(i) the manner in which the author2 ity granted under subparagraph (A) is 

3 being used, including to whom and for 

4 what purposes the secondary transmissions 

5 are being provided; and 

6 ‘‘(ii) any additional legislative rec7 ommendations the Secretary may have. 

8 ‘‘(E) DEFINITIONS.—As used in this para9 graph: 

10 ‘‘(i) TERRORISM.—The term ‘ter11 rorism’ has the meaning given that term in 

12 section 2(16) of the Homeland Security 

13 Act of 2002 (6 U.S.C. 101(16)). 

14 ‘‘(ii) TRANSPORTATION SECURITY IN15 CIDENT.—The term ‘transportation secu16 rity incident’ has the meaning given that 

17 term in section 70101 of title 46. 

18 ‘‘(iii) CATASTROPHIC INCIDENT.—The 

19 term ‘catastrophic incident’ means any 

20 natural disaster, act of terrorism, or other 

21 man-made disaster that results in extraor22 dinary levels of casualties or damage or 

23 disruption severely affecting the population 

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1 tional morale, or government functions in a 

2 geographic area. 

3 ‘‘(F) EFFECTIVE DATE.—This paragraph 

4 shall apply with respect to secondary trans5 missions described under subparagraph (A) that 

6 are made after the end of the 30-day period be7 ginning on the effective date of the regulations 

8 issued by the Secretary of Homeland Security 

9 under subparagraph (C).’’. 

10 (e) LICENSE PROVIDED FOR CERTAIN NETWORKS OF

11 NONCOMMERCIAL EDUCATIONAL BROADCAST STA12 TIONS.—Section 119(a)(2)(C) is amended by adding at 

13 the end the following new clause: 

14 ‘‘(vi) NETWORKS OF NONCOMMERCIAL

15 EDUCATIONAL BROADCAST STATIONS.—In 

16 the case of a system of three or more non17 commercial educational broadcast stations 

18 licensed by a single State, public agency, 

19 or political, educational, or special purpose 

20 subdivision of a State, the statutory license 

21 provided for in subparagraph (A) shall 

22 apply to the secondary transmission of the 

23 primary transmission of such system to 

24 any subscriber in any county within such 

25 State, if such subscriber is located in a 


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1 designated market area that is not other2 wise eligible to receive the secondary trans3 mission of the primary transmission of a 

4 noncommercial educational broadcast sta5 tion located with the State pursuant to 

6 section 122(a).’’. 

7 (f) DEPOSIT OF STATEMENTS AND FEES; 

8 VERIFICATION PROCEDURES.—Section 119(b) is amend9 ed— 

10 (1) by amending the subsection heading to read 

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

12 FEES; VERIFICATION PROCEDURES.—’’; 

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

14 (B) and inserting the following: 

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

16 owners pursuant to paragraph (4) for that 6 

17 month period, computed by multiplying the 

18 total number of subscribers receiving each sec19 ondary transmission of a primary or multicast 

20 stream of each non-network station or network 

21 station during each calendar year month by the 

22 appropriate rate in effect under this sub23 section’’. 

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

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


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1 (4) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE

4 PAYMENTS.—The Register of Copyrights shall issue 

5 regulations to permit interested parties to verify and 

6 audit the statements of account and royalty fees 

7 submitted by satellite carriers under this sub8 section.’’; 

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

10 first sentence— 

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

12 specified in paragraph (1)(C))’’ after ‘‘shall re13 ceive all fees’’; and 

14 (B) by striking ‘‘paragraph (4)’’ and in15 serting ‘‘paragraph (5)’’; 

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

17 (A) by striking ‘‘paragraph (2)’’ and in18 serting ‘‘paragraph (3)’’; and 

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

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

21 (7) in paragraph (5), as redesignated, by strik22 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 

23 (g) ADJUSTMENT OF ROYALTY FEES.—Section 

24 119(c) is amended as follows: 

25 (1) Paragraph (1) is amended— 


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

2 striking ‘‘ANALOG’’; 

3 (B) in subparagraph (A)— 

4 (i) by striking ‘‘primary analog trans5 missions’’ and inserting ‘‘primary trans6 missions’’; and 

7 (ii) by striking ‘‘July 1, 2004’’ and in8 serting ‘‘July 1, 2009’’; 

9 (C) in subparagraph (B)— 

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

11 Librarian of Congress’’ and inserting 

12 ‘‘January 4, 2010, the Copyright Royalty 

13 Judges’’; and 

14 (ii) by striking ‘‘primary analog trans15 mission’’ and inserting ‘‘primary trans16 missions’’; 

17 (D) in subparagraph (C), by striking ‘‘Li18 brarian of Congress’’ and inserting ‘‘Copyright 

19 Royalty Judges’’; 

20 (E) in subparagraph (D)— 

21 (i) in clause (i)— 

22 (I) by striking ‘‘(i) Voluntary 

23 agreements’’ and inserting the fol24 lowing: 


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1 ‘‘(i) VOLUNTARY AGREEMENTS; FIL2 ING.—Voluntary agreements’’; and 

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

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

5 (ii) in clause (ii)— 

6 (I) by striking ‘‘(ii)(I) Within’’ 

7 and inserting the following: 

8 ‘‘(ii) PROCEDURE FOR ADOPTION OF

9 FEES.— 

10 ‘‘(I) PUBLICATION OF NOTICE.— 

11 Within’’; 

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

13 ‘‘an arbitration proceeding pursuant 

14 to subparagraph (E)’’ and inserting 

15 ‘‘a proceeding under subparagraph 

16 (F)’’; 

17 (III) in subclause (II), by strik18 ing ‘‘(II) Upon receiving a request 

19 under subclause (I), the Librarian of 

20 Congress’’ and inserting the following: 

21 ‘‘(II) PUBLIC NOTICE OF

22 FEES.—Upon receiving a request 

23 under subclause (I), the Copyright 

24 Royalty Judges’’; and 

25 (IV) in subclause (III)— 


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1 (aa) by striking ‘‘(III) The 

2 Librarian’’ and inserting the fol3 lowing: 

4 ‘‘(III) ADOPTION OF FEES.—The 

5 Copyright Royalty Judges’’; 

6 (bb) by striking ‘‘an arbitra7 tion proceeding’’ and inserting 

8 ‘‘the proceeding under subpara9 graph (F)’’; and 

10 (cc) by striking ‘‘the arbitra11 tion proceeding’’ and inserting 

12 ‘‘that proceeding’’; 

13 (F) in subparagraph (E)— 

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

15 inserting ‘‘Copyright Royalty Judges’’; and 

16 (ii) by striking ‘‘December 31, 2009’’ 

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

18 (G) in subparagraph (F)— 

19 (i) in the heading, by striking ‘‘COM20 PULSORY ARBITRATION’’ and inserting ‘‘ 

21 COPYRIGHT ROYALTY JUDGES PRO22 CEEDING’’; 

23 (ii) in clause (i)— 


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1 (I) in the heading, by striking 

2 ‘‘PROCEEDINGS’’ and inserting ‘‘THE

3 PROCEEDING’’; 

4 (II) in the matter preceding sub5 clause (I)— 

6 (aa) by striking ‘‘May 1, 

7 2005, the Librarian of Congress’’ 

8 and inserting ‘‘May 3, 2010, the 

9 Copyright Royalty Judges’’; 

10 (bb) by striking ‘‘arbitration 

11 proceedings’’ and inserting ‘‘a 

12 proceeding’’; 

13 (cc) by striking ‘‘fee to be 

14 paid’’ and inserting ‘‘fees to be 

15 paid’’; 

16 (dd) by striking ‘‘primary 

17 analog transmission’’ and insert18 ing ‘‘the primary transmissions’’; 

19 and 

20 (ee) by striking ‘‘distribu21 tors’’ and inserting ‘‘distribu22 tors—’’; 

23 (III) in subclause (II)— 


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1 (aa) by striking ‘‘Librarian 

2 of Congress’’ and inserting 

3 ‘‘Copyright Royalty Judges’’; and 

4 (bb) by striking ‘‘arbitra5 tion’’; and 

6 (IV) by amending the last sen7 tence to read as follows: ‘‘Such pro8 ceeding shall be conducted under 

9 chapter 8.’’; 

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

11 matter preceding subclause (I) to read as 

12 follows: 

13 ‘‘(ii) ESTABLISHMENT OF ROYALTY

14 FEES.—In determining royalty fees under 

15 this subparagraph, the Copyright Royalty 

16 Judges shall establish fees for the sec17 ondary transmissions of the primary trans18 missions of network stations and non-net19 work stations that most clearly represent 

20 the fair market value of secondary trans21 missions, except that the Copyright Roy22 alty Judges shall adjust royalty fees to ac23 count for the obligations of the parties 

24 under any applicable voluntary agreement 

25 filed with the Copyright Royalty Judges in 


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1 accordance with subparagraph (D). In de2 termining the fair market value, the 

3 Judges shall base their decision on eco4 nomic, competitive, and programming in5 formation presented by the parties, includ6 ing—’’; 

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

8 as follows: 

9 ‘‘(iii) EFFECTIVE DATE FOR DECISION

10 OF COPYRIGHT ROYALTY JUDGES.—The 

11 obligation to pay the royalty fees estab12 lished under a determination that is made 

13 by the Copyright Royalty Judges in a pro14 ceeding under this paragraph shall be ef15 fective as of January 1, 2010.’’; and 

16 (v) in clause (iv)— 

17 (I) in the heading, by striking 

18 ‘‘FEE’’ and inserting ‘‘FEES’’; and 

19 (II) by striking ‘‘fee’’ and insert20 ing ‘‘fees’’. 

21 (2) Paragraph (2) is amended to read as fol22 lows: 

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

24 Effective January 1 of each year, the royalty fee 

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1 ondary transmission of the primary transmissions of 

2 network stations and non-network stations shall be 

3 adjusted by the Copyright Royalty Judges to reflect 

4 any changes occurring in the cost of living as deter5 mined by the most recent Consumer Price Index (for 

6 all consumers and for all items) published by the 

7 Secretary of Labor before December 1 of the pre8 ceding year. Notification of the adjusted fees shall 

9 be published in the Federal Register at least 25 days 

10 before January 1.’’. 

11 (h) DEFINITIONS.— 

12 (1) SUBSCRIBER.—Section 119(d)(8) is amend13 ed to read as follows: 

14 ‘‘(8) SUBSCRIBER; SUBSCRIBE.— 

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

16 means a person or entity that receives a sec17 ondary transmission service from a satellite car18 rier and pays a fee for the service, directly or 

19 indirectly, to the satellite carrier or to a dis20 tributor. 

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

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

23 (2) LOW POWER TELEVISION STATION.—Sec24 tion 119(d)(12) is amended by striking ‘‘low power 


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1 television as’’ and inserting ‘‘low power TV station 

2 as’’. 

3 (3) LOCAL MARKET.—Section 119(d)(11) is 

4 amended to read as follows: 

5 ‘‘(11) LOCAL MARKET.—The term ‘local mar6 ket’ has the meaning given such term under section 

7 122(j).’’. 

8 (4) NONCOMMERCIAL EDUCATIONAL BROAD9 CAST STATION.—Section 119(d) is amended— 

10 (A) in paragraph (2)(B), by striking ‘‘(as 

11 defined in section 397 of the Communications 

12 Act of 1934)’’; and 

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

14 ‘‘(14) NONCOMMERCIAL EDUCATIONAL BROAD15 CAST STATION.—The term ‘noncommercial edu16 cational broadcast station’ means a television broad17 cast station that— 

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

19 Federal Communications Commission in effect 

20 on November 2, 1978, is eligible to be licensed 

21 by the Federal Communications Commission as 

22 a noncommercial educational television broad23 cast station and is owned and operated by a 

24 public agency or nonprofit private foundation, 

25 corporation, or association; or 


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1 ‘‘(B) is owned and operated by a munici2 pality and transmits only noncommercial pro3 grams for education purposes.’’. 

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

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

6 adding at the end the following new paragraph: 

7 ‘‘(15) MULTICAST STREAM.—The term 

8 ‘multicast stream’ means a digital stream containing 

9 programming and program-related material affili10 ated with a television network, other than the pri11 mary stream.’’. 

12 (6) PRIMARY STREAM.—Section 119(d), as 

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

14 adding at the end the following new paragraph: 

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

16 stream’ means— 

17 ‘‘(A) the single digital stream of program18 ming as to which a television broadcast station 

19 has the right to mandatory carriage with a sat20 ellite carrier under the rules of the Federal 

21 Communications Commission in effect on July 

22 1, 2009; or 

23 ‘‘(B) if there is no such stream, either— 

24 ‘‘(i) the single digital stream of pro25 gramming associated with the network last 


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1 transmitted by the station as an analog 

2 signal; or 

3 ‘‘(ii) the single digital stream of pro4 gramming affiliated with the network that, 

5 as of July 1, 2009, had been offered by the 

6 television broadcast station for the longest 

7 period of time.’’. 

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

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

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

11 (i) SUPERSTATION REDESIGNATED AS NON-NET12 WORK STATION.—Section 119 is amended— 

13 (1) by striking ‘‘superstation’’ each place it ap14 pears in a heading and each place it appears in text 

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

16 (2) by striking ‘‘superstations’’ each place it ap17 pears in a heading and each place it appears in text 

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

19 (j) LOW POWER TELEVISION STATIONS.—Section 

20 119(a)(15) is amended to read as follows: 

21 ‘‘(15) SECONDARY TRANSMISSIONS OF LOW

22 POWER TELEVISION PROGRAMMING.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding para24 graph (2)(B), and subject to subparagraphs (B) 

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1 cense provided for in paragraph (1) shall apply 

2 to the secondary transmission by a satellite car3 rier of the primary transmission of the pro4 gramming of a non-network station that is li5 censed as a low power television station, to a 

6 subscriber who resides within the same des7 ignated market area as the station that origi8 nates the programming signal. 

9 ‘‘(B) NO APPLICABILITY TO REPEATERS

10 AND TRANSLATORS.—Secondary transmissions 

11 provided for in subparagraph (A) shall not 

12 apply to any low power television station that 

13 retransmits the programs and signals of an14 other television station for more than 2 hours 

15 each day. 

16 ‘‘(C) ROYALTY FEES.—A satellite carrier 

17 whose secondary transmission of the primary 

18 transmission of the programming of a low 

19 power television station is subject to statutory 

20 licensing under this section shall be subject to 

21 royalty payments under subsection (b)(1)(B) 

22 for any transmission to a subscriber outside of 

23 the local market of the low power television sta24 tion. 


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1 ‘‘(D) LIMITATION TO SUBSCRIBERS TAK2 ING LOCAL-INTO-LOCAL SERVICE.—Secondary 

3 transmissions provided for in subparagraph (A) 

4 may be made by a satellite carrier only to sub5 scribers who receive secondary transmissions of 

6 primary transmissions from that satellite car7 rier pursuant to the statutory license under sec8 tion 122.’’. 

9 (k) REMOVAL OF SIGNIFICANTLY VIEWED PROVI10 SION.— 

11 (1) REMOVAL OF PROVISION.—Section 119(a), 

12 as amended by subsections (d) and (j), is amended 

13 by striking paragraph (3) and redesignating para14 graphs (4) through (17) as paragraphs (3) through 

15 (16), respectively. 

16 (2) CONFORMING AMENDMENTS.—Section 119 

17 is amended— 

18 (A) in subsection (a)— 

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

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

21 (7)’’; 

22 (ii) in paragraph (2)— 

23 (I) in subparagraph (A), by strik24 ing ‘‘paragraphs (5), (6), (7), and 


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1 (8)’’ and inserting ‘‘paragraphs (4), 

2 (5), (6), and (7)’’; 

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

4 striking the second sentence; and 

5 (III) in subparagraph (D), by 

6 striking clauses (i) and (ii) and insert7 ing the following: 

8 ‘‘(i) INITIAL LISTS.—A satellite car9 rier that makes secondary transmissions of 

10 a primary transmission made by a network 

11 station pursuant to subparagraph (A) 

12 shall, not later than 90 days after com13 mencing such secondary transmissions, 

14 submit to the network that owns or is af15 filiated with the network station a list 

16 identifying (by name and address, includ17 ing street or rural route number, city, 

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

19 to which the satellite carrier makes sec20 ondary transmissions of that primary 

21 transmission to subscribers in unserved 

22 households. 

23 ‘‘(ii) MONTHLY LISTS.—After the sub24 mission of the initial lists under clause (i), 

25 the satellite carrier shall, not later than 


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1 the 15th of each month, submit to the net2 work a list identifying (by name and ad3 dress, including street or rural route num4 ber, city, State, and 9-digit zip code) any 

5 persons who have been added or dropped 

6 as subscribers under clause (i) since the 

7 last submission under clause (i).’’; and 

8 (iii) in subparagraph (E) of para9 graph (3) (as redesignated)— 

10 (I) by striking ‘‘under paragraph 

11 (3) or’’; and 

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

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

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

15 final sentence. 

16 (l) MODIFICATIONS TO PROVISIONS FOR SECONDARY

17 TRANSMISSIONS BY SATELLITE CARRIERS.— 

18 (1) PREDICTIVE MODEL.—Section 

19 119(a)(2)(B)(ii) is amended by adding at the end 

20 the following: 

21 ‘‘(III) ACCURATE PREDICTIVE

22 MODEL WITH RESPECT TO DIGITAL

23 SIGNALS.—Notwithstanding subclause 

24 (I), in determining presumptively 

25 whether a person resides in an 


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1 unserved household under subsection 

2 (d)(10)(A) with respect to digital sig3 nals, a court shall rely on a predictive 

4 model set forth by the Federal Com5 munications Commission pursuant to 

6 a rulemaking as provided in section 

7 339(c)(3) of the Communications Act 

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

9 that model may be amended by the 

10 Commission over time under such sec11 tion to increase the accuracy of that 

12 model. Until such time as the Com13 mission sets forth such model, a court 

14 shall rely on the predictive model as 

15 recommended by the Commission with 

16 respect to digital signals in its Report 

17 to Congress in ET Docket N. 05–182, 

18 FCC 05–199 (released December 9, 

19 2005).’’. 

20 (2) MODIFICATIONS TO STATUTORY LICENSE

21 WHERE RETRANSMISSIONS INTO LOCAL MARKET

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

23 amended— 

24 (A) by striking ‘‘analog’’ each place it ap25 pears in a heading and text; 


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

2 and (D), and inserting the following: 

3 ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS

4 AS OF DATE OF ENACTMENT OF 2009 ACT.—In 

5 the case of a subscriber of a satellite carrier 

6 who, on the day before the date of the enact7 ment of the Satellite Home Viewer Reauthoriza8 tion Act of 2009, was lawfully receiving the sec9 ondary transmission of the primary trans10 mission of a network station under the statu11 tory license under paragraph (2) (in this sub12 paragraph referred to as the ‘distant signal’), 

13 other than subscribers to whom subparagraph 

14 (A) applies, the statutory license under para15 graph (2) shall apply to secondary trans16 missions by that satellite carrier to that sub17 scriber of the distant signal of a station affili18 ated with the same television network, and the 

19 subscriber’s household shall continue to be con20 sidered to be an unserved household with re21 spect to such network, until such time as the 

22 subscriber elects to terminate such secondary 

23 transmissions. 

24 ‘‘(C) RULES FOR NEW SUBSCRIBERS

25 AFTER ENACTMENT OF 2009 ACT.—In the case 


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1 of a person who first seeks to subscribe with a 

2 satellite carrier, on or after the date of the en3 actment of the Satellite Home Viewer Reau4 thorization Act of 2009, to receive secondary 

5 transmissions of the primary transmission of a 

6 network station under the statutory license 

7 under paragraph (2) (in this subparagraph re8 ferred to as the ‘distant signal’), the following 

9 shall apply: 

10 ‘‘(i) Except in a case in which clause 

11 (ii) applies, the statutory license under 

12 paragraph (2) shall apply to secondary 

13 transmissions by that satellite carrier to 

14 that subscriber of the distant signal of a 

15 station affiliated with the same television 

16 network, and the subscriber’s household 

17 shall continue to be considered an unserved 

18 household with respect to such network, 

19 until such time as the satellite carrier 

20 makes available to the subscriber and the 

21 subscriber receives from the satellite car22 rier the secondary transmission of the pri23 mary transmission of a primary stream or 

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1 work and located in the subscriber’s local 

2 market. 

3 ‘‘(ii) If, at the time such person seeks 

4 to so subscribe, the satellite carrier does 

5 not offer service in the subscriber’s local 

6 market pursuant to section 122, the statu7 tory license under paragraph (2) shall 

8 apply to secondary transmissions by that 

9 satellite carrier to that subscriber of the 

10 distant signal of a station affiliated with 

11 the same television network, and the sub12 scriber’s household shall continue to be 

13 considered an unserved household with re14 spect to such network, until such time as 

15 the subscriber elects to terminate such sec16 ondary transmissions.’’; 

17 (C) by redesignating subparagraphs (E), 

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

19 (F), respectively; 

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

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

22 (C)’’; and 

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

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


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1 (3) STATUTORY DAMAGES FOR TERRITORIAL

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

3 is amended— 

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

5 ‘‘$5’’ and inserting ‘‘$250’’; 

6 (B) in subparagraph (B)—— 

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

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

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

10 period’’; and 

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

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

13 and 

14 (C) by adding at the end the following 

15 flush sentence: 

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

21 issue regulations establishing procedures for 

22 distributing such funds, on a proportional basis, 

23 to copyright owners whose works were included 

24 in the secondary transmissions that were the 

25 subject of the statutory damages.’’. 


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1 (4) CLERICAL AMENDMENT.—Section 

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

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

4 (m) MORATORIUM EXTENSION.—Section 119(e) is 

5 amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 

6 (n) CLERICAL AMENDMENTS.—Section 119 is 

7 amended— 

8 (1) by striking ‘‘of the Code of Federal Regula9 tions’’ each place it appears and inserting ‘‘, Code 

10 of Federal Regulations’’; and 

11 (2) in subsection (d)(6), by striking ‘‘or the Di12 rect’’ and inserting ‘‘, or the Direct’’. 

13 SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 

14 SATELLITE CARRIERS IN LOCAL MARKETS. 

15 (a) HEADING RENAMED.— 

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

17 is amended by striking ‘‘by satellite carriers 

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

19 television programming by satellite’’. 

20 (2) TABLE OF CONTENTS.—The table of con21 tents for chapter 1 is amended by striking the item 

22 relating to section 122 and inserting the following: 

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

programming by satellite.’’. 

23 (b) STATUTORY LICENSE.—Section 122(a) is amend24 ed to read as follows: 


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1 ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR2 KETS.— 

3 ‘‘(1) SECONDARY TRANSMISSIONS OF TELE4 VISION BROADCAST STATIONS WITHIN A LOCAL MAR5 KET.—A secondary transmission of a performance 

6 or display of a work embodied in a primary trans7 mission of a television broadcast station into the sta8 tion’s local market shall be subject to statutory li9 censing under this section if— 

10 ‘‘(A) the secondary transmission is made 

11 by a satellite carrier to the public; 

12 ‘‘(B) with regard to secondary trans13 missions, the satellite carrier is in compliance 

14 with the rules, regulations, or authorizations of 

15 the Federal Communications Commission gov16 erning the carriage of television broadcast sta17 tion signals; and 

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

19 indirect charge for the secondary transmission 

20 to— 

21 ‘‘(i) each subscriber receiving the sec22 ondary transmission; or 

23 ‘‘(ii) a distributor that has contracted 

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1 rect delivery of the secondary transmission 

2 to the public. 

3 ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 

4 ‘‘(A) IN GENERAL.—The statutory license 

5 under paragraph (1) shall apply to the sec6 ondary transmission of the primary trans7 mission of a network station or a non-network 

8 station to a subscriber who resides outside the 

9 station’s local market but within a community 

10 in which the signal has been determined by the 

11 Federal Communications Commission to be sig12 nificantly viewed in such community, pursuant 

13 to the rules, regulations, and authorizations of 

14 the Federal Communications Commission in ef15 fect on April 15, 1976, applicable to deter16 mining with respect to a cable system whether 

17 signals are significantly viewed in a community. 

18 ‘‘(B) LIMITATION.—Subparagraph (A) 

19 shall apply only to secondary transmissions of 

20 the primary transmissions of network stations 

21 or non-network stations to subscribers who re22 ceive secondary transmissions from a satellite 

23 carrier pursuant to the statutory license under 

24 paragraph (1). 


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1 ‘‘(C) WAIVER.—A subscriber who is denied 

2 the secondary transmission of the primary 

3 transmission of a network station or a non-net4 work station under subparagraph (B) may re5 quest a waiver from such denial by submitting 

6 a request, through the subscriber’s satellite car7 rier, to the network station or non-network sta8 tion in the local market affiliated with the same 

9 network or non-network where the subscriber is 

10 located. The network station or non-network 

11 station shall accept or reject the subscriber’s re12 quest for a waiver within 30 days after receipt 

13 of the request. If the network station or non14 network station fails to accept or reject the sub15 scriber’s request for a waiver within that 30- 

16 day period, that network station or non-network 

17 station shall be deemed to agree to the waiver 

18 request. 

19 ‘‘(3) SECONDARY TRANSMISSION OF LOW

20 POWER PROGRAMMING.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graphs (B) through (D) of this paragraph, the 

23 statutory license provided under paragraph (1) 

24 shall apply to the secondary transmission by a 

25 satellite carrier of the primary transmission of 


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1 a network station or a non-network station that 

2 is licensed as a low power television station, to 

3 a subscriber who resides within the same local 

4 market as the station that originates the trans5 mission. 

6 ‘‘(B) NO APPLICABILITY TO REPEATERS

7 AND TRANSLATORS.—Secondary transmissions 

8 provided for in subparagraph (A) shall not 

9 apply to any low power television station that 

10 retransmits the programs and signals of an11 other television station for more than 2 hours 

12 each day. 

13 ‘‘(C) LIMITATION TO SUBSCRIBERS TAKING

14 LOCAL-INTO-LOCAL SERVICE.—Secondary trans15 missions by a satellite carrier provided for in 

16 subparagraph (A) may be made only to sub17 scribers who receive secondary transmissions of 

18 primary transmissions from that satellite car19 rier pursuant to the statutory license in para20 graph (1), and only in conformity with the re21 quirements under section 340(b) of the Com22 munications Act of 1934, as in effect on the 

23 date of the enactment of the Satellite Home 

24 Viewer Reauthorization Act of 2009. 


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1 ‘‘(D) NO IMPACT ON OTHER SECONDARY

2 TRANSMISSIONS OBLIGATIONS.—A satellite car3 rier that makes secondary transmissions of a 

4 primary transmission of a low power television 

5 station under a statutory license provided under 

6 this section is not required, by reason of such 

7 secondary transmissions, to make any other sec8 ondary transmissions.’’. 

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

10 amended— 

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

12 list’’ and all that follows through the end and insert13 ing the following: ‘‘station— 

14 ‘‘(A) a list identifying (by name in alpha15 betical order and street address, including coun16 ty and 9-digit zip code) all subscribers to which 

17 the satellite carrier makes secondary trans18 missions of that primary transmission under 

19 subsection (a); and 

20 ‘‘(B) a separate list, aggregated by des21 ignated market area (by name and address, in22 cluding street or rural route number, city, 

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

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1 section (a)(2), relating to significantly viewed 

2 stations.’’; and 

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

4 list’’ and all that follows through the end and insert5 ing the following: ‘‘network— 

6 ‘‘(A) a list identifying (by name in alpha7 betical order and street address, including coun8 ty and 9-digit zip code) any subscribers who 

9 have been added or dropped as subscribers 

10 since the last submission under this subsection; 

11 and 

12 ‘‘(B) a separate list, aggregated by des13 ignated market area (by name and street ad14 dress, including street or rural route number, 

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

16 those subscribers whose service pursuant to 

17 subsection (a)(2), relating to significantly 

18 viewed stations, has been added or dropped 

19 since the last submission under this sub20 section.’’. 

21 (d) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 

22 (1) MODIFICATION TO STATUTORY DAMAGES.— 

23 Section 122(f) is amended— 

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

25 and inserting ‘‘$250’’; and 


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

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

3 ‘‘$2,500,000’’. 

4 (2) CONFORMING AMENDMENT FOR SIGNIFI5 CANTLY VIEWED STATIONS.—Section 122 is amend6 ed— 

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

8 119 or’’ each place it appears and inserting the 

9 following: ‘‘section 119, subject to statutory li10 censing by reason of subsection (a)(2)(A), or 

11 subject to’’; and 

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

13 119 or’’ and inserting the following: ‘‘section 

14 119, subsection (a)(2)(A), or’’. 

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

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

18 (2) by amending paragraph (2)(A) to read as 

19 follows: 

20 ‘‘(A) IN GENERAL.—The term ‘local mar21 ket’ means— 

22 ‘‘(i) in the case of a television broad23 cast station that is not a low power tele24 vision station, the designated market area 

25 in which such station is located, and— 


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1 ‘‘(I) in the case of a commercial 

2 television broadcast station, all com3 mercial television broadcast stations 

4 licensed to a community within the 

5 same designated market area are 

6 within the same local market; and 

7 ‘‘(II) in the case of a non8 commercial educational television 

9 broadcast station, any station that is 

10 licensed to a community within the 

11 same designated market area as the 

12 noncommercial educational television 

13 broadcast station; and 

14 ‘‘(ii) in the case of a low power tele15 vision broadcast station, the area that is 

16 both— 

17 ‘‘(I) within the designated mar18 ket area in which such station is lo19 cated; and 

20 ‘‘(II) within the area within 35 

21 miles of the transmitter site of such 

22 station, except that in the case of 

23 such a station located in a standard 

24 metropolitan statistical area that has 

25 1 of the 50 largest populations of all 


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1 standard metropolitan statistical areas 

2 (based on the 1980 decennial census 

3 of population taken by the Secretary 

4 of Commerce), the area within 20 

5 miles of the transmitter site of such 

6 station.’’; 

7 (3) in paragraph (3)— 

8 (A) in the heading of such paragraph, by 

9 inserting ‘‘NON-NETWORK STATION; NON10 COMMERCIAL EDUCATIONAL BROADCAST STA11 TION;’’ after ‘‘NETWORK STATION;’’; and 

12 (B) by inserting ‘‘ ‘non-network station; 

13 noncommercial educational broadcast station’,’’ 

14 after ‘‘ ‘network station’,’’; 

15 (4) by amending paragraph (4) to read as fol16 lows: 

17 ‘‘(4) 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.’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(6) LOW POWER TELEVISION STATION.—The 

24 term ‘low power television station’ means a low 

25 power TV station as defined under section 74.701(f) 


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1 of title 47, Code of Federal Regulations, as in effect 

2 on June 1, 2004. For purposes of this paragraph, 

3 the term ‘low power television station’ includes a low 

4 power television station that has been accorded pri5 mary status as a Class A television licensee under 

6 section 73.6001(a) of title 47, Code of Federal Reg7 ulations.’’. 

8 SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY 

9 TRANSMISSION RIGHTS UNDER SECTION 111. 

10 (a) HEADING RENAMED.— 

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

12 is amended by inserting at the end the following: 

13 ‘‘of broadcast programming by cable’’. 

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

16 relating to section 111 and inserting the following: 

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

17 (b) NATIONAL EMERGENCY MONITORING EXEMP18 TION.—Section 111 is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (4), by striking ‘‘; or’’ 

21 and inserting ‘‘or section 122;’’; 

22 (B) in paragraph (5), by striking the pe23 riod and inserting ‘‘; or’’; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(6) the secondary transmission is made by a 

4 cable system for emergency preparation, response, or 

5 recovery as described under subsection (g).’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(g) RETRANSMISSION FOR EMERGENCY PREPARA9 TION, RESPONSE, OR RECOVERY.— 

10 ‘‘(1) AUTHORITY.—For purposes of subsection 

11 (a)(6), a secondary transmission by a cable system 

12 of a performance or display of a work embodied in 

13 a primary transmission by a television broadcast sta14 tion is made for emergency preparation, response, or 

15 recovery if such transmission is made— 

16 ‘‘(A) by a cable system to a Federal gov17 ernmental body designated by the Office of 

18 Emergency Communications, in coordination 

19 with the Federal Communications Commission, 

20 or an organization established with the purpose 

21 of carrying out a system of national and inter22 national relief efforts and chartered under sec23 tion 300101 of title 36; 

24 ‘‘(B) to officers or employees of such body 

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1 ties or employment of such officers or employ2 ees; 

3 ‘‘(C) at the request of the Secretary of 

4 Homeland Security; and 

5 ‘‘(D) for the sole purpose of preparing for, 

6 responding to, or recovering from an emergency 

7 described under paragraph (2). 

8 ‘‘(2) EMERGENCIES.—An emergency is de9 scribed under this paragraph if the Secretary of 

10 Homeland Security identifies such emergency as a 

11 major disaster, a catastrophic incident, an act of ter12 rorism, or a transportation security incident. 

13 ‘‘(3) REGULATIONS.—Not later than 6 months 

14 after the date of the enactment of this subsection, 

15 the Secretary of Homeland Security, in coordination 

16 with the Federal Communications Commission, the 

17 National Telecommunications and Information Ad18 ministration, and the Register of Copyrights, shall 

19 issue regulations to protect copyright owners by pre20 venting the unauthorized access to the secondary 

21 transmissions described in paragraph (1). 

22 ‘‘(4) REPORTS TO CONGRESSIONAL COMMIT23 TEES.—Not later than one year after the date of the 

24 enactment of this subsection and by September 30 

25 of each year thereafter, the Secretary of Homeland 


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1 Security, acting through the Office of Emergency 

2 Communications, shall submit a report to the Com3 mittees on the Judiciary, on Homeland Security, and 

4 on Energy and Commerce of the House of Rep5 resentatives and the Committees on the Judiciary, 

6 on Homeland Security, and on Commerce, Science, 

7 and Transportation of the Senate describing— 

8 ‘‘(A) the manner in which the authority 

9 granted under paragraph (1) is being used, in10 cluding to whom and for what purposes the sec11 ondary transmissions are being provided; and 

12 ‘‘(B) any additional legislative rec13 ommendations the Secretary may have. 

14 ‘‘(5) DEFINITIONS.—As used in this subsection: 

15 ‘‘(A) TERRORISM.—The term ‘terrorism’ 

16 has the meaning given that term in section 

17 2(16) of the Homeland Security Act of 2002 (6 

18 U.S.C. 101(16)). 

19 ‘‘(B) TRANSPORTATION SECURITY INCI20 DENT.—The term ‘transportation security inci21 dent’ has the meaning given that term in sec22 tion 70101 of title 46. 

23 ‘‘(C) CATASTROPHIC INCIDENT.—The term 

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1 aster that results in extraordinary levels of cas2 ualties or damage or disruption severely affect3 ing the population (including mass evacu4 ations), infrastructure, the environment, the 

5 economy, national morale, or government func6 tions in a geographic area. 

7 ‘‘(6) EFFECTIVE DATE.—This subsection shall 

8 apply with respect to secondary transmissions de9 scribed under paragraph (1) that are made after the 

10 end of the 30-day period beginning on the effective 

11 date of the regulations issued by the Secretary of 

12 Homeland Security under paragraph (3).’’. 

13 (c) STATUTORY LICENSE FOR SECONDARY TRANS14 MISSIONS BY CABLE SYSTEMS.—Section 111(d) is amend15 ed— 

16 (1) in paragraph (1)— 

17 (A) in the matter preceding subparagraph 

18 (A)— 

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

20 secondary’’ and inserting the following: 

21 ‘‘STATEMENT OF ACCOUNT AND ROYALTY

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

23 system whose secondary’’; and 

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

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


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1 (B) in subparagraph (A)— 

2 (i) by striking ‘‘a statement of ac3 count’’ and inserting ‘‘A statement of ac4 count’’; and 

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

6 a period; and 

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

8 and (D), and inserting the following: 

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

10 whose royalty fee is specified in subparagraph 

11 (E) or (F), a total royalty fee payable to copy12 right owners pursuant to paragraph (3) for the 

13 period covered by the statement, computed on 

14 the basis of specified percentages of the gross 

15 receipts from subscribers to the cable service 

16 during such period for the basic service of pro17 viding secondary transmissions of primary 

18 broadcast transmitters, as follows: 

19 ‘‘(i) 1.064 percent of such gross re20 ceipts for the privilege of further transmit21 ting, beyond the local service area of such 

22 primary transmitter, any non-network pro23 gramming of a primary transmitter in 

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1 plied against the fee, if any, payable pursu2 ant to clauses (ii) through (iv); 

3 ‘‘(ii) 1.064 percent of such gross re4 ceipts for the first distant signal equiva5 lent; 

6 ‘‘(iii) 0.701 percent of such gross re7 ceipts for each of the second, third, and 

8 fourth distant signal equivalents; and 

9 ‘‘(iv) 0.330 percent of such gross re10 ceipts for the fifth distant signal equivalent 

11 and each distant signal equivalent there12 after. 

13 ‘‘(C) In computing amounts under clauses 

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

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

16 equivalent shall be computed at its frac17 tional value; 

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

19 located partly within and partly outside of 

20 the local service area of a primary trans21 mitter, gross receipts shall be limited to 

22 those gross receipts derived from sub23 scribers located outside of the local service 

24 area of such primary transmitter; and 


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1 ‘‘(iii) if a cable system provides a sec2 ondary transmission of a primary trans3 mitter to some but not all communities 

4 served by that cable system— 

5 ‘‘(I) the gross receipts and the 

6 distant signal equivalent values for 

7 such secondary transmission shall be 

8 derived solely on the basis of the sub9 scribers in those communities where 

10 the cable system provides such sec11 ondary transmission; and 

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

13 period paid by such system shall not 

14 be less than the royalty fee calculated 

15 under subparagraph (B)(i) multiplied 

16 by the gross receipts from all sub17 scribers to the system. 

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

19 submitted before the date of the enactment of 

20 the Satellite Home Viewer Reauthorization Act 

21 of 2009, computed its royalty fee consistent 

22 with the methodology under subparagraph 

23 (C)(iii) or that amends a statement filed before 

24 such date of enactment to compute the royalty 

25 fee due using such methodology shall not be 


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1 subject to an action for infringement, or eligible 

2 for any royalty refund or offset, arising out of 

3 its use of such methodology on such statement. 

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

5 subscribers to a cable system for the period cov6 ered by the statement for the basic service of 

7 providing secondary transmissions of primary 

8 broadcast transmitters are $263,800 or less— 

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

10 for the purpose of this paragraph shall be 

11 computed by subtracting from such actual 

12 gross receipts the amount by which 

13 $263,800 exceeds such actual gross re14 ceipts, except that in no case shall a cable 

15 system’s gross receipts be reduced to less 

16 than $10,400; and 

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

18 paragraph to copyright owners pursuant to 

19 paragraph (3) shall be 0.5 percent, regard20 less of the number of distant signal equiva21 lents, if any. 

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

23 subscribers to a cable system for the period cov24 ered by the statement for the basic service of 

25 providing secondary transmissions of primary 


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1 broadcast transmitters are more than $263,800 

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

3 under this paragraph to copyright owners pur4 suant to paragraph (3) shall be— 

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

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

7 of distant signal equivalents, if any; and 

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

9 excess of $263,800, but less than 

10 $527,600, regardless of the number of dis11 tant signal equivalents, if any. 

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

13 Register of Copyrights pursuant to section 

14 708(a).’’; 

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

16 (A) by striking ‘‘The Register of Copy17 rights’’ and inserting the following ‘‘HANDLING

18 OF FEES.—The Register of Copyrights’’; 

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

20 specified in paragraph (1)(G))’’ after ‘‘shall re21 ceive’’; and 

22 (3) in paragraph (3)— 

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1 ALTY FEES TO COPYRIGHT OWNERS.—The roy2 alty fees’’; 

3 (B) in subparagraph (A)— 

4 (i) by striking ‘‘any such’’ and insert5 ing ‘‘Any such’’; and 

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

7 a period; 

8 (C) in subparagraph (B)— 

9 (i) by striking ‘‘any such’’ and insert10 ing ‘‘Any such’’; and 

11 (ii) by striking the semicolon and in12 serting a period; and 

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

14 such’’ and inserting ‘‘Any such’’; 

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

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

17 FOR ROYALTY FEE DISTRIBUTION.—The royalty 

18 fees’’; and 

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

20 paragraphs: 

21 ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX22 CLUSIVITY SURCHARGE NOT APPLICABLE TO

23 MULTICAST STREAMS.—The royalty rates specified 

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

25 of Federal Regulations (commonly referred to as the 


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1 ‘3.75 percent rate’ and the ‘syndicated exclusivity 

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

3 enactment of the Satellite Home Viewer Reauthor4 ization Act of 2009, as such rates may be adjusted, 

5 or such sections redesignated, thereafter by the 

6 Copyright Royalty Judges, shall not apply to the 

7 secondary transmission of a multicast stream. 

8 ‘‘(6) VERIFICATION OF ACCOUNTS AND FEE

9 PAYMENTS.—The Register of Copyrights shall issue 

10 regulations to provide for the confidential 

11 verification and audit of the information reported on 

12 the semi-annual statements of account filed after the 

13 date of the enactment of the Satellite Home Viewer 

14 Reauthorization Act of 2009. The regulations shall 

15 provide for a single verification procedure, with re16 spect to the semi-annual statements of account filed 

17 by a cable system, to be conducted by a qualified 

18 independent auditor on behalf of all copyright own19 ers whose works were the subject of a secondary 

20 transmission to the public by a cable system of a 

21 performance or display of a work embodied in a pri22 mary transmission and for a mechanism to review 

23 and cure defects identified by any such audit. 

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

25 Any royalty fee payments received by the Copyright 


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1 Office from cable systems for the secondary trans2 mission of primary transmissions that are in addi3 tion to the payments calculated and deposited in ac4 cordance with this subsection shall be deemed to 

5 have been deposited for the particular accounting pe6 riod for which they are received and shall be distrib7 uted as specified under this subsection.’’. 

8 (d) EFFECTIVE DATE OF NEW ROYALTY FEE

9 RATES.—The royalty fee rates established in section 

10 111(d)(1)(B) of title 17, United States Code, as amended 

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

12 commencing with the first accounting period occurring in 

13 2010. 

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

15 (1) by striking the first undesignated paragraph 

16 and inserting the following: 

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

18 transmission’ is a transmission made to the public 

19 by a transmitting facility whose signals are being re20 ceived and further transmitted by a secondary trans21 mission service, regardless of where or when the per22 formance or display was first transmitted. In the 

23 case of a television broadcast station, the primary 

24 stream and any multicast streams transmitted by 

25 the station constitute primary transmissions.’’; 


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1 (2) in the second undesignated paragraph— 

2 (A) by striking ‘‘A ‘secondary trans3 mission’ ’’ and inserting the following: 

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

5 transmission’ ’’; and 

6 (B) by striking ‘‘ ‘cable system’ ’’ and in7 serting ‘‘cable system’’; 

8 (3) in the third undesignated paragraph— 

9 (A) by striking ‘‘A ‘cable system’ ’’ and in10 serting the following: 

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

12 (B) by striking ‘‘Territory, Trust Terri13 tory, or Possession’’ and inserting ‘‘territory, 

14 trust territory, or possession of the United 

15 States’’; 

16 (4) in the fourth undesignated paragraph, in 

17 the first sentence— 

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

19 a primary transmitter’, in the case of a tele20 vision broadcast station, comprises the area in 

21 which such station is entitled to insist’’ and in22 serting the following: 

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

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

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


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1 and any multicast streams transmitted by a primary 

2 transmitter that is a television broadcast station, 

3 comprises the area where such primary transmitter 

4 could have insisted’’; 

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

6 Code of Federal Regulations’’ and inserting the 

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

8 Regulations, or within the noise-limited contour 

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

10 Federal Regulations’’; and 

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

12 and regulations of the Federal Communications 

13 Commission,’’; 

14 (5) by amending the fifth undesignated para15 graph to read as follows: 

16 ‘‘(5) DISTANT SIGNAL EQUIVALENT.— 

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

18 under subparagraph (B), a ‘distant signal 

19 equivalent’— 

20 ‘‘(i) is the value assigned to the sec21 ondary transmission of any non-network 

22 television programming carried by a cable 

23 system in whole or in part beyond the local 

24 service area of the primary transmitter of 

25 such programming; and 


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

2 of one to each primary stream and to each 

3 multicast stream (other than a simulcast) 

4 that is an independent station, and by as5 signing a value of one-quarter to each pri6 mary stream and to each multicast stream 

7 (other than a simulcast) that is a network 

8 station or a noncommercial educational 

9 station. 

10 ‘‘(B) EXCEPTIONS.—The values for inde11 pendent, network, and noncommercial edu12 cational stations specified in subparagraph (A) 

13 are subject to the following: 

14 ‘‘(i) Where the rules and regulations 

15 of the Federal Communications Commis16 sion require a cable system to omit the fur17 ther transmission of a particular program 

18 and such rules and regulations also permit 

19 the substitution of another program em20 bodying a performance or display of a 

21 work in place of the omitted transmission, 

22 or where such rules and regulations in ef23 fect on the date of enactment of the Copy24 right Act of 1976 permit a cable system, 

25 at its election, to effect such omission and 


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1 substitution of a nonlive program or to 

2 carry additional programs not transmitted 

3 by primary transmitters within whose local 

4 service area the cable system is located, no 

5 value shall be assigned for the substituted 

6 or additional program. 

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

8 authorizations of the Federal Communica9 tions Commission in effect on the date of 

10 enactment of the Copyright Act of 1976 

11 permit a cable system, at its election, to 

12 omit the further transmission of a par13 ticular program and such rules, regula14 tions, or authorizations also permit the 

15 substitution of another program embodying 

16 a performance or display of a work in 

17 place of the omitted transmission, the 

18 value assigned for the substituted or addi19 tional program shall be, in the case of a 

20 live program, the value of one full distant 

21 signal equivalent multiplied by a fraction 

22 that has as its numerator the number of 

23 days in the year in which such substitution 

24 occurs and as its denominator the number 

25 of days in the year. 


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

2 transmission of a primary transmitter that 

3 is a television broadcast station pursuant 

4 to the late-night or specialty programming 

5 rules of the Federal Communications Com6 mission, or the secondary transmission of a 

7 primary transmitter that is a television 

8 broadcast station on a part-time basis 

9 where full-time carriage is not possible be10 cause the cable system lacks the activated 

11 channel capacity to retransmit on a full12 time basis all signals that it is authorized 

13 to carry, the values for independent, net14 work, and noncommercial educational sta15 tions set forth in subparagraph (A), as the 

16 case may be, shall be multiplied by a frac17 tion that is equal to the ratio of the broad18 cast hours of such primary transmitter re19 transmitted by the cable system to the 

20 total broadcast hours of the primary trans21 mitter. 

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

23 the secondary transmission of the primary 

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1 cast station in any community that is with2 in the local service area of the primary 

3 transmitter.’’; 

4 (6) by striking the sixth undesignated para5 graph and inserting the following: 

6 ‘‘(6) NETWORK STATION.— 

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

8 The term ‘network station’ shall be applied to 

9 a primary stream of a television broadcast sta10 tion that is owned or operated by, or affiliated 

11 with, one or more of the television networks in 

12 the United States providing nationwide trans13 missions, and that transmits a substantial part 

14 of the programming supplied by such networks 

15 for a substantial part of the primary stream’s 

16 typical broadcast day. 

17 ‘‘(B) TREATMENT OF MULTICAST

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

19 applied to a multicast stream on which a tele20 vision broadcast station transmits all or sub21 stantially all of the programming of an inter22 connected program service that— 

23 ‘‘(i) is owned or operated by, or affili24 ated with, one or more of the television 


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1 networks described in subparagraph (A); 

2 and 

3 ‘‘(ii) offers programming on a regular 

4 basis for 15 or more hours per week to at 

5 least 25 of the affiliated television licensees 

6 of the interconnected program service in 

7 10 or more States.’’; and 

8 (7) by striking the seventh undesignated para9 graph and inserting the following: 

10 ‘‘(7) INDEPENDENT STATION.—The term ‘inde11 pendent station’ shall be applied to the primary 

12 stream or a multicast stream of a television broad13 cast station that is not a network station or a non14 commercial educational station.’’; 

15 (8) by striking the eighth undesignated para16 graph and inserting the following: 

17 ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA18 TION.—A ‘noncommercial educational station’ is tel19 evision station that is a noncommercial educational 

20 broadcast station as defined in section 397 of the 

21 Communications Act of 1934, as in effect on the 

22 date of the enactment of the Satellite Home Viewer 

23 Reauthorization Act of 2009.’’; and 

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


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

2 is— 

3 ‘‘(A) the single digital stream of program4 ming that prior to june 12, 2009 was substan5 tially duplicating the programming transmitted 

6 by the television broadcast station as an analog 

7 signal; or 

8 ‘‘(B) if there is no such stream, the single 

9 digital stream of programming transmitted by 

10 the station for the longest period of time. 

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

12 transmitter’ is a television or radio broadcast station 

13 licensed by the Federal Communications Commis14 sion, or by an appropriate governmental authority of 

15 Canada or Mexico, that makes primary trans16 missions to the public. 

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

18 stream’ is a digital stream of programming trans19 mitted by a television broadcast station that is not 

20 the station’s primary stream. 

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

22 stream of a television broadcast station that dupli23 cates the programming transmitted by the primary 

24 stream or another multicast stream of such station. 

25 ‘‘(13) 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 cable sys4 tem and pays a fee for the service, directly or 

5 indirectly, to the cable system. 

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

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

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

9 804(b)(1) is amended by striking ‘‘2005’’ each place it ap10 pears and inserting ‘‘2015’’. 

11 (g) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) CORRECTIONS TO FIX LEVEL DESIGNA13 TIONS.—Section 111 is amended— 

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

15 striking ‘‘clause’’ each place it appears and in16 serting ‘‘paragraph’’; 

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

18 ‘‘clauses’’ and inserting ‘‘paragraphs’’; and 

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

20 ‘‘subclause’’ and inserting ‘‘subparagraph’’. 

21 (2) CONFORMING AMENDMENT TO HYPHENATE

22 NONNETWORK.—Section 111 is amended by striking 

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

24 ‘‘non-network’’. 


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1 (3) PREVIOUSLY UNDESIGNATED PARA2 GRAPH.—Section 111(e)(1) is amended by striking 

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

4 ‘‘subsection (f)(2)’’. 

5 (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec6 tion 111(e) is amended— 

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

8 at the end; 

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

10 ‘‘and’’ at the end; 

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

12 at the end; 

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

14 ‘‘and’’ at the end; and 

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

16 at the end. 

17 (5) REMOVAL OF VARIANT FORMS REF18 ERENCES.—Section 111 is amended— 

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

20 each of its variant forms,’’; and 

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

22 their variant forms’’. 

23 (6) CORRECTION TO TERRITORY REFERENCE.— 

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1 ceding subparagraph (A) by striking ‘‘three terri2 tories’’ and inserting ‘‘five entities’’. 

3 (h) EFFECTIVE DATE WITH RESPECT TO

4 MULTICAST STREAMS.— 

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

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

7 the extent such amendments assign a distant signal 

8 equivalent value to the secondary transmission of the 

9 multicast stream of a primary transmitter, shall take 

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

11 (2) DELAYED APPLICABILITY.— 

12 (A) SECONDARY TRANSMISSIONS OF A

13 MULTICAST STREAM BEYOND THE LOCAL SERV14 ICE AREA OF ITS PRIMARY TRANSMITTER BE15 FORE 2009 ACT.—In any case in which a cable 

16 system was making secondary transmissions of 

17 a multicast stream beyond the local service area 

18 of its primary transmitter before the date of the 

19 enactment of this Act, a distant signal equiva20 lent value (referred to in paragraph (1)) shall 

21 not be assigned to secondary transmissions of 

22 such multicast stream that are made on or be23 fore June 30, 2010. 

24 (B) MULTICAST STREAMS SUBJECT TO

25 PREEXISTING WRITTEN AGREEMENTS FOR THE


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1 SECONDARY TRANSMISSION OF SUCH

2 STREAMS.—In any case in which the secondary 

3 transmission of a multicast stream of a primary 

4 transmitter is the subject of a written agree5 ment entered into on or before June 30, 2009, 

6 between a cable system or an association rep7 resenting the cable system and a primary trans8 mitter or an association representing the pri9 mary transmitter, a distant signal equivalent 

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

11 assigned to secondary transmissions of such 

12 multicast stream beyond the local service area 

13 of its primary transmitter that are made on or 

14 before the date on which such written agree15 ment expires. 

16 (C) NO REFUNDS OR OFFSETS FOR PRIOR

17 STATEMENTS OF ACCOUNT.—A cable system 

18 that has reported secondary transmissions of a 

19 multicast stream beyond the local service area 

20 of its primary transmitter on a statement of ac21 count deposited under section 111 of title 17, 

22 United States Code, before the date of the en23 actment of this Act shall not be entitled to any 

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1 count of such secondary transmissions of such 

2 multicast stream. 

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

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

5 ‘‘multicast stream’’, and ‘‘local service area of a pri6 mary transmitter’’ have the meanings given those 

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

8 Code, as amended by this section. 

9 SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF 

10 LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS. 

11 Section 119 is amended by adding at the end the fol12 lowing new subsection: 

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

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

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

16 an injunction pursuant to subsection (a)(7)(B) be17 fore the date of the enactment of this subsection 

18 shall waive such injunction if the court recognizes 

19 the entity against which the injunction was issued as 

20 a qualified carrier. 

21 ‘‘(2) LIMITED TEMPORARY WAIVER.— 

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

23 by a satellite carrier, a court that issued an in24 junction against such carrier under subsection 

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


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1 this subsection shall waive such injunction with 

2 respect to the statutory license provided under 

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

4 allow such carrier to make secondary trans5 missions of primary transmissions made by a 

6 network station to unserved households located 

7 in short markets in which such carrier was not 

8 providing local service pursuant to the license 

9 under section 122 as of December 31, 2009. 

10 ‘‘(B) EXPIRATION OF TEMPORARY WAIV11 ER.—A temporary waiver of an injunction 

12 under subparagraph (A) shall expire after the 

13 end of the 120-day period beginning on the 

14 date such temporary waiver is issued unless ex15 tended for good cause by the court making the 

16 temporary waiver. 

17 ‘‘(C) FAILURE TO MAKE GOOD FAITH EF18 FORT TO PROVIDE LOCAL-INTO-LOCAL SERVICE

19 TO ALL DMAS.— 

20 ‘‘(i) WILLFUL FAILURE.—If the court 

21 issuing a temporary waiver under subpara22 graph (A) determines that the satellite car23 rier that made the request for such waiver 

24 has failed to make a good faith effort to 

25 provide local-into-local service to all DMAs 


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1 and determines that such failure was will2 ful, such failure— 

3 ‘‘(I) is actionable as an act of in4 fringement under section 501 and the 

5 court may in its discretion impose the 

6 remedies provided for in sections 502 

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

8 of this section; and 

9 ‘‘(II) shall result in the termi10 nation of the waiver issued under sub11 paragraph (A). 

12 ‘‘(ii) NONWILLFUL FAILURE.—If the 

13 court issuing a temporary waiver under 

14 subparagraph (A) determines that the sat15 ellite carrier that made the request for 

16 such waiver has failed to make a good 

17 faith effort to provide local-into-local serv18 ice to all DMAs and determines that such 

19 failure was nonwillful, the court may in its 

20 discretion impose financial penalties that 

21 reflect— 

22 ‘‘(I) the degree of control the 

23 carrier had over the circumstances 

24 that resulted in the failure; 


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

2 efforts to remedy the failure; and 

3 ‘‘(III) the severity and duration 

4 of any service interruption. 

5 ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL6 ABLE.—An entity may only receive one tem7 porary waiver under this paragraph. 

8 ‘‘(E) SHORT MARKET DEFINED.—For pur9 poses of this paragraph, the term ‘short mar10 ket’ means a local market in which program11 ming of one or more of the four most widely 

12 viewed television networks nationwide as meas13 ured on the date of enactment of this sub14 section is not offered on the primary stream 

15 transmitted by any local television broadcast 

16 station. 

17 ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER

18 RECOGNITION.— 

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

20 entity seeking to be recognized as a qualified 

21 carrier under this subsection shall file a state22 ment of eligibility with the court that imposed 

23 the injunction. A statement of eligibility must 

24 include— 


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1 ‘‘(i) an affidavit that the entity is pro2 viding local-into-local service to all DMAs; 

3 ‘‘(ii) a request for a waiver of the in4 junction; and 

5 ‘‘(iii) a certification issued pursuant 

6 to section 342(a) of Communications Act 

7 of 1934. 

8 ‘‘(B) GRANT OF RECOGNITION AS A QUALI9 FIED CARRIER.—Upon receipt of a statement of 

10 eligibility, the court shall recognize the entity as 

11 a qualified carrier and issue the waiver under 

12 paragraph (1). 

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

14 time, an entity recognized as a qualified carrier 

15 may file a statement of voluntary termination 

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

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

20 (1). 

21 ‘‘(D) LOSS OF RECOGNITION PREVENTS

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

24 previously been recognized as a qualified carrier 

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

3 ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND

4 COMPLIANCE.— 

5 ‘‘(A) CONTINUING OBLIGATIONS.— 

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

8 to provide local-into-local service to all 

9 DMAs. 

10 ‘‘(ii) COOPERATION WITH GAO EXAM11 INATION.—An entity recognized as a quali12 fied carrier shall fully cooperate with the 

13 Comptroller General in the examination re14 quired by subparagraph (B). 

15 ‘‘(B) QUALIFIED CARRIER COMPLIANCE

16 EXAMINATION.— 

17 ‘‘(i) EXAMINATION AND REPORT.— 

18 The Comptroller General shall conduct an 

19 examination and publish a report con20 cerning the qualified carrier’s compliance 

21 with the royalty payment and household 

22 eligibility requirements of the license under 

23 this section. The report shall address the 

24 qualified carrier’s conduct during the pe25 riod beginning on the date on which the 


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1 qualified carrier is recognized as such 

2 under paragraph (3)(B) and ending on De3 cember 31, 2011. 

4 ‘‘(ii) RECORDS OF QUALIFIED CAR5 RIER.—Beginning on the date that is one 

6 year after the date on which the qualified 

7 carrier is recognized as such under para8 graph (3)(B), the qualified carrier shall 

9 provide the Comptroller General with all 

10 records that the Comptroller General, in 

11 consultation with the Register of Copy12 rights, considers to be directly pertinent to 

13 the following requirements under this sec14 tion: 

15 ‘‘(I) Proper calculation and pay16 ment of royalties under the statutory 

17 license under this section. 

18 ‘‘(II) Provision of service under 

19 this license to eligible subscribers 

20 only. 

21 ‘‘(iii) SUBMISSION OF REPORT.—The 

22 Comptroller General shall file the report 

23 required by clause (i) not later than March 

24 1, 2012, with the court referred to in para25 graph (1) that issued the injunction, the 


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1 Register of Copyrights, and the Commit2 tees on the Judiciary of the House of Rep3 resentatives and the Senate. 

4 ‘‘(iv) EVIDENCE OF INFRINGEMENT.— 

5 The Comptroller General shall include in 

6 the report a statement of whether the ex7 amination by the Comptroller General indi8 cated that there is substantial evidence 

9 that a copyright holder could bring a suc10 cessful action under this section against 

11 the qualified carrier for infringement. The 

12 Comptroller General shall consult with the 

13 Register of Copyrights in preparing such 

14 statement. 

15 ‘‘(v) SUBSEQUENT EXAMINATION.—If 

16 the report includes the Comptroller Gen17 eral’s statement that there is substantial 

18 evidence that a copyright holder could 

19 bring a successful action under this section 

20 against the qualified carrier for infringe21 ment, the Comptroller General shall, not 

22 later than 6 months after the report under 

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1 hold eligibility requirements of the license 

2 under this section since the last report was 

3 filed under clause (iii). The Comptroller 

4 General shall file a report on such exam5 ination with the court referred to in para6 graph (1) that issued the injunction, the 

7 Register of Copyrights, and the Commit8 tees on the Judiciary of the House of Rep9 resentatives and the Senate. The report 

10 shall include a statement described in 

11 clause (iv), prepared in consultation with 

12 the Register of Copyrights. 

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

14 shall file an affidavit with the district court and 

15 the Register of Copyrights 30 months after 

16 such status was granted stating that, to the 

17 best of the affiant’s knowledge, it is in compli18 ance with the requirements for a qualified car19 rier. 

20 ‘‘(D) COMPLIANCE DETERMINATION.— 

21 Upon the motion of an aggrieved television 

22 broadcast station, the court recognizing an enti23 ty as a qualified carrier may make a determina24 tion of whether the entity is providing local25 into-local service to all DMAs. 


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1 ‘‘(E) PLEADING REQUIREMENT.—In any 

2 motion brought under subparagraph (D), the 

3 party making such motion shall specify one or 

4 more designated market areas (as such term is 

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

6 failure to provide service is being alleged, and, 

7 for each such designated market area, shall 

8 plead with particularity the circumstances of 

9 the alleged failure. 

10 ‘‘(F) BURDEN OF PROOF.—In any pro11 ceeding to make a determination under sub12 paragraph (D), and with respect to a des13 ignated market area for which failure to provide 

14 service is alleged, the entity recognized as a 

15 qualified carrier shall have the burden of prov16 ing that the entity provided local-into-local serv17 ice with a good quality satellite signal to at 

18 least 90 percent of the households in such des19 ignated market area (based on the most recent 

20 census data released by the United States Cen21 sus Bureau) at the time and place alleged. 

22 ‘‘(G) ENFORCEMENT.—Upon motion filed 

23 by an interested party, the court recognizing an 

24 entity as a qualified carrier shall terminate such 

25 designation upon finding that the entity has 


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1 failed to meet the requirements imposed on the 

2 entity under this paragraph. 

3 ‘‘(5) FAILURE TO PROVIDE SERVICE.— 

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

5 an entity as a qualified carrier finds that such 

6 entity has willfully failed to provide local-into7 local service to all DMAs, such finding shall re8 sult in the loss of recognition of the entity as 

9 a qualified carrier and the termination of the 

10 waiver provided under paragraph (1), and the 

11 court may, in its discretion— 

12 ‘‘(i) treat such failure as an act of in13 fringement under section 501, and subject 

14 such infringement to the remedies provided 

15 for in sections 502 through 506 and sub16 section (a)(6)(B) of this section; and 

17 ‘‘(ii) impose a fine of not more than 

18 $250,000. 

19 ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA20 TION.—If the court determines that the failure 

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

22 nonwillful, the court may in its discretion im23 pose financial penalties for noncompliance that 

24 reflect— 


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

2 had over the circumstances that resulted in 

3 the failure; 

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

5 to remedy the failure and restore service; 

6 and 

7 ‘‘(iii) the severity and duration of the 

8 service interruption. 

9 ‘‘(6) PENALTIES FOR VIOLATIONS OF LI10 CENSE.—A court that finds, under subsection 

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

12 carrier has willfully made a secondary transmission 

13 of a primary transmission made by a network sta14 tion and embodying a performance or display of a 

15 work to a subscriber who is not eligible to receive 

16 the transmission under this section shall reinstate 

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

18 court may order statutory damages of not more than 

19 $2,500,000. 

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

21 DEFINED.—For purposes of this subsection: 

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

23 ‘local-into-local service to all DMAs’ if the enti24 ty provides local service in all designated mar25 ket areas (as such term is defined in section 


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1 122(j)(2)(C)) pursuant to the license under sec2 tion 122. 

3 ‘‘(B) HOUSEHOLD COVERAGE.—For pur4 poses of subparagraph (A), an entity that 

5 makes available local-into-local service with a 

6 good quality satellite signal to at least 90 per7 cent of the households in a designated market 

8 area based on the most recent census data re9 leased by the United States Census Bureau 

10 shall be considered to be providing local service 

11 to such designated market area. 

12 ‘‘(C) GOOD QUALITY SATELLITE SIGNAL

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

14 the meaning given such term under section 

15 342(e)(2) of Communications Act of 1934.’’. 

16 SEC. 106. TERMINATION OF LICENSE. 

17 (a) TERMINATION.—Section 119, as amended by this 

18 title, shall cease to be effective on December 31, 2014. 

19 (b) CONFORMING AMENDMENT.—Section 4(a) of the 

20 Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; 

21 Public Law 103–369) is repealed. 

22 SEC. 107. SURCHARGE ON STATUTORY LICENSES. 

23 (a) SURCHARGES.—The Copyright Royalty Judges 

24 shall establish a surcharge or surcharges to be paid, in 

25 accordance with subsection (b), by cable systems subject 


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1 to statutory licensing under section 111(c) of title 17, 

2 United States Code, and satellite carriers whose secondary 

3 transmissions are subject to statutory licensing under sec4 tion 119(a) of such title, in addition to the royalty fees 

5 paid by such cable systems under section 111(d)(1) of 

6 such title and by such satellite carriers under section 

7 119(b)(1) of such title. 

8 (b) AMOUNT AND TIMING OF SURCHARGES.—Sur9 charges under subsection (a) shall be assessed, during fis10 cal years 2009 through 2019, in amounts that, in the ag11 gregate, will equal at least $92,000,000. 

12 (c) FUNDS UNAVAILABLE FOR OBLIGATION.—Sur13 charges collected under this section shall be deposited in 

14 the Treasury of the United States and shall not be avail15 able for obligation. 

16 (d) AUTHORITIES.—The Copyright Royalty Judges 

17 may exercise the authorities such Judges have under chap18 ter 8 of title 17, United States Code, to carry out this 

19 section. 

20 SEC. 108. CONSTRUCTION. 

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

22 United States Code, including the amendments made to 

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

24 meaning of any terms under the Communications Act of 

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1 cally cross-referenced in such Act or the regulations issued 

2 thereunder. 

3 TITLE II—COMMUNICATIONS 

4 PROVISIONS 

5 SEC. 201. REFERENCE. 

6 Except as otherwise provided, whenever in this title 

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

8 the reference shall be considered to be made to such sec9 tion or provision of the Communications Act of 1934 (47 

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

11 SEC. 202. EXTENSION OF AUTHORITY. 

12 Section 325(b) is amended— 

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

14 31, 2009’’ and inserting ‘‘December 31, 2014’’; and 

15 (2) in paragraph (3)(C), by striking ‘‘January 

16 1, 2010’’ each place it appears in clauses (ii) and 

17 (iii) and inserting ‘‘January 1, 2015’’. 

18 SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 

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

20 340(b) are amended to read as follows: 

21 ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK22 ING LOCAL-INTO-LOCAL SERVICE.—This section shall 

23 apply only to retransmissions to subscribers of a sat24 ellite carrier who receive retransmissions of a signal 

25 from that satellite carrier pursuant to section 338. 


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

2 may retransmit to a subscriber in high definition 

3 format the signal of a station determined by the 

4 Commission to be significantly viewed under sub5 section (a) only if such carrier also retransmits in 

6 high definition format the signal of a station located 

7 in the local market of such subscriber and affiliated 

8 with the same network whenever such format is 

9 available from such station.’’. 

10 (b) RULEMAKING REQUIRED.—Within 180 days after 

11 the date of the enactment of this Act, the Federal Commu12 nications Commission shall take all actions necessary to 

13 promulgate a rule to implement the amendments made by 

14 subsection (a). 

15 SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING 

16 AMENDMENTS. 

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

18 (1) in subsection (a), by striking ‘‘(3) EFFEC19 TIVE DATE.—No satellite’’ and all that follows 

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

21 (2) by amending subsection (g) to read as fol22 lows: 

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

24 RECEPTION ANTENNA.— 


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1 ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat2 ellite carrier that retransmits the signals of local tel3 evision broadcast stations in a local market shall re4 transmit such stations in such market so that a sub5 scriber may receive such stations by means of a sin6 gle reception antenna and associated equipment. 

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

8 the carrier retransmits the signals of local television 

9 broadcast stations in a local market in high defini10 tion format, the carrier shall retransmit such signals 

11 in such market so that a subscriber may receive 

12 such signals by means of a single reception antenna 

13 and associated equipment, but such antenna and as14 sociated equipment may be separate from the single 

15 reception antenna and associated equipment used to 

16 comply with paragraph (1).’’. 

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

18 (1) in subsection (a)— 

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

20 two network stations’’ and all that follows 

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

22 and 

23 (B) in paragraph (2)— 

24 (i) in the heading for subparagraph 

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


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1 (ii) in subparagraph (A)— 

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

3 by striking ‘‘ANALOG’’; 

4 (II) in clause (i)— 

5 (aa) by striking ‘‘analog’’ 

6 each place it appears; and 

7 (bb) by striking ‘‘October 1, 

8 2004’’ and inserting ‘‘October 1, 

9 2009’’; 

10 (III) in the heading for clause 

11 (ii), by striking ‘‘ANALOG’’; and 

12 (IV) in clause (ii)— 

13 (aa) by striking ‘‘analog’’ 

14 each place it appears; and 

15 (bb) by striking ‘‘2004’’ and 

16 inserting ‘‘2009’’; 

17 (iii) by amending subparagraph (B) to 

18 read as follows: 

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

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

21 subscriber of a satellite carrier who is eligi22 ble to receive the signal of a network sta23 tion under this section (in this subpara24 graph referred to as a ‘distant signal’), 

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1 graph (A) applies, the following shall 

2 apply: 

3 ‘‘(I) In a case in which the sat4 ellite carrier makes available to that 

5 subscriber, on January 1, 2005, the 

6 signal of a local network station affili7 ated with the same television network 

8 pursuant to section 338, the carrier 

9 may only provide the secondary trans10 missions of the distant signal of a sta11 tion affiliated with the same network 

12 to that subscriber if the subscriber’s 

13 satellite carrier, not later than March 

14 1, 2005, submits to that television 

15 network the list and statement re16 quired by subparagraph (F)(i). 

17 ‘‘(II) In a case in which the sat18 ellite carrier does not make available 

19 to that subscriber, on January 1, 

20 2005, the signal of a local network 

21 station pursuant to section 338, the 

22 carrier may only provide the sec23 ondary transmissions of the distant 

24 signal of a station affiliated with the 

25 same network to that subscriber if— 


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1 ‘‘(aa) that subscriber seeks 

2 to subscribe to such distant sig3 nal before the date on which such 

4 carrier commences to carry pur5 suant to section 338 the signals 

6 of stations from the local market 

7 of such local network station; and 

8 ‘‘(bb) the satellite carrier, 

9 within 60 days after such date, 

10 submits to each television net11 work the list and statement re12 quired by subparagraph (F)(ii). 

13 ‘‘(ii) SPECIAL CIRCUMSTANCES.—A 

14 subscriber of a satellite carrier who was 

15 lawfully receiving the distant signal of a 

16 network station on the day before the date 

17 of enactment of the Satellite Home Viewer 

18 Reauthorization Act of 2009 may receive 

19 both such distant signal and the local sig20 nal of a network station affiliated with the 

21 same network until such subscriber chooses 

22 to no longer receive such distant signal 

23 from such carrier.’’; 

24 (iv) in subparagraph (C)— 

25 (I) by striking ‘‘analog’’; 


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

2 Satellite Home Viewer Extension and 

3 Reauthorization Act of 2004’’ and in4 serting ‘‘the Satellite Home Viewer 

5 Reauthorization Act of 2009’’; and 

6 (III) by amending clause (ii) to 

7 read as follows: 

8 ‘‘(ii) either— 

9 ‘‘(I) at the time such person 

10 seeks to subscribe to receive such sec11 ondary transmission, resides in a local 

12 market where the satellite carrier 

13 makes available to that person the 

14 signal of a local network station affili15 ated with the same television network 

16 pursuant to section 338, and the re17 transmission of such signal by such 

18 carrier can reach such subscriber; or 

19 ‘‘(II) receives from the satellite 

20 carrier the programming of a network 

21 station affiliated with the same net22 work that is broadcast by a local sta23 tion in the market where the sub24 scriber resides, but such programming 


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1 is not contained within the local sta2 tion’s primary video.’’; 

3 (v) in subparagraph (D)— 

4 (I) in the heading, by striking 

5 ‘‘DIGITAL’’; 

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

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

8 (xi); 

9 (III) by redesignating clause (vi) 

10 as clause (i) and transferring such 

11 clause to appear before clause (ii); 

12 (IV) by amending such clause (i) 

13 (as so redesignated) to read as fol14 lows: 

15 ‘‘(i) SIGNAL TESTING.—A subscriber 

16 shall be eligible to receive a distant signal 

17 of a distant network station affiliated with 

18 the same network under this section if 

19 such subscriber is determined, based on a 

20 test conducted in accordance with section 

21 73.686(d) of title 47, Code of Federal Reg22 ulations, or any successor regulation, not 

23 to be able to receive a signal that exceeds 

24 the signal intensity standard in section 


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1 73.622(e)(1) of title 47, Code of Federal 

2 Regulations.’’; 

3 (V) in clause (ii)— 

4 (aa) by striking ‘‘DIGITAL’’ 

5 in the heading; 

6 (bb) by striking ‘‘digital’’ 

7 the first two places such term ap8 pears; 

9 (cc) by striking ‘‘Satellite 

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

12 inserting ‘‘Satellite Home Viewer 

13 Reauthorization Act of 2009’’; 

14 and 

15 (dd) by striking ‘‘, whether 

16 or not such subscriber elects to 

17 subscribe to local digital signals’’; 

18 (VI) by inserting after clause (ii) 

19 the following new clause: 

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

21 In a case in which the satellite carrier 

22 makes available to an eligible subscriber 

23 under this subparagraph the signal of a 

24 local network station pursuant to section 

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1 tant signal of a station affiliated with the 

2 same network to that subscriber if, in the 

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

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

9 network programming of the affiliate of 

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

11 and 

12 (VII) by redesignating clause (x) 

13 as clause (iv); and 

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

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

17 ‘‘distant signal’’; 

18 (2) in subsection (c)— 

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

20 follows: 

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

24 ‘‘(A) PREDICTIVE MODEL.—Within 180 

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1 ellite Home Viewer Reauthorization Act of 

2 2009, the Commission shall take all actions 

3 necessary to develop and prescribe by rule a 

4 point-to-point predictive model for reliably and 

5 presumptively determining the ability of indi6 vidual locations, through the use of a conven7 tional, stationary, outdoor rooftop receiving an8 tenna, to receive signals in accordance with the 

9 signal intensity standard in section 

10 73.622(e)(1) of title 47, Code of Federal Regu11 lations, including to account for the continuing 

12 operation of translator stations and low power 

13 television stations. In prescribing such model, 

14 the Commission shall rely on the Individual Lo15 cation Longley-Rice model set forth by the 

16 Commission in CS Docket No. 98–201, as pre17 viously revised with respect to analog signals, 

18 and as recommended by the Commission with 

19 respect to digital signals in its Report to Con20 gress in ET Docket No. 05–182, FCC 05–199 

21 (released December 9, 2005). The Commission 

22 shall establish procedures for the continued re23 finement in the application of the model by the 

24 use of additional data as it becomes available. 


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1 ‘‘(B) ON-LOCATION TESTING.—The Com2 mission shall issue an order completing its rule3 making proceeding in ET Docket No. 06–94 

4 within 180 days after the date of enactment of 

5 the Satellite Home Viewer Reauthorization Act 

6 of 2009. 

7 ‘‘(C) STUDY OF TYPES OF ANTENNAS

8 AVAILABLE TO RECEIVE DIGITAL SIGNALS.— 

9 ‘‘(i) STUDY REQUIRED.—Not later 

10 than 1 year after the date of enactment of 

11 the Satellite Home Viewer Reauthorization 

12 Act of 2009, the Commission shall com13 plete a study regarding whether, for pur14 poses of identifying if a household is 

15 unserved by an adequate digital signal 

16 under section 119(d)(10) of title 17, 

17 United States Code, the digital signal 

18 strength standard in section 73.622(e)(1) 

19 of title 47, Code of Federal Regulations, or 

20 the testing procedures in section 73.686 of 

21 title 47, Code of Federal Regulations, such 

22 statutes or regulations should be revised to 

23 take into account the types of antennas 

24 that are available to and used by con25 sumers. 


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1 ‘‘(ii) STUDY CONSIDERATION.—In 

2 conducting the study under clause (i), the 

3 Commission shall consider whether to ac4 count for the fact that an antenna can be 

5 mounted on a roof or placed in a home and 

6 can be fixed or capable of rotating. 

7 ‘‘(iii) REPORT.—Not later than 1 year 

8 after the date of enactment of the Satellite 

9 Home Viewer Reauthorization Act of 2009, 

10 the Commission shall submit to the Com11 mittee on Energy and Commerce of the 

12 House of Representatives and the Com13 mittee on Commerce, Science, and Trans14 portation of the Senate a report con15 taining— 

16 ‘‘(I) the results of the study con17 ducted under clause (i); and 

18 ‘‘(II) recommendations, if any, 

19 regarding changes to be made to Fed20 eral statutes or regulations.’’; 

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

22 as follows: 

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1 scriber’s satellite carrier a request for a test 

2 verifying the subscriber’s inability to receive a 

3 signal of the signal intensity referenced in 

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

5 carrier and the network station or stations as6 serting that the retransmission is prohibited 

7 with respect to that subscriber shall select a 

8 qualified and independent person to conduct the 

9 test referenced in such clause. Such test shall 

10 be conducted within 30 days after the date the 

11 subscriber submits a request for the test. If the 

12 written findings and conclusions of a test con13 ducted in accordance with such clause dem14 onstrate that the subscriber does not receive a 

15 signal that meets or exceeds the requisite signal 

16 intensity standard in such clause, the subscriber 

17 shall not be denied the retransmission of a sig18 nal of a network station under section 

19 119(d)(10)(A) of title 17, United States 

20 Code.’’; 

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

22 signal intensity’’ and all that follows through 

23 ‘‘United States Code’’ and inserting ‘‘such req24 uisite signal intensity standard’’; and 


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

2 ‘‘Grade B intensity’’. 

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

4 striking paragraph (4). 

5 SEC. 205. APPLICATION PENDING COMPLETION OF 

6 RULEMAKINGS. 

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

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

9 date on which the Federal Communications Commission 

10 adopts rules pursuant to the amendments to the Commu11 nications Act of 1934 made by sections 203 and 204 of 

12 this Act, the Federal Communications Commission shall 

13 follow its rules and regulations promulgated pursuant to 

14 sections 338, 339, and 340 of the Communications Act 

15 of 1934 as in effect on the day before the date of enact16 ment of this Act. 

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

19 purposes of determining whether a subscriber within the 

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

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

23 Communications Act of 1934, the Federal Communica24 tions Commission shall follow its rules and regulations for 

25 determining such subscriber’s eligibility as in effect on the 


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1 day before the date of enactment of this Act until the date 

2 on which the translator station or low power television sta3 tion is licensed to broadcast a digital signal. 

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

5 (1) LOCAL MARKET; LOW POWER TELEVISION

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

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

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

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

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

15 in section 339(d) of such Act. 

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

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

19 the following new section: 

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

21 CERTIFICATION. 

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

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

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


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

2 pursuant to the statutory license under section 122 

3 of such title in each designated market area; and 

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

5 area in which such satellite carrier was not providing 

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

7 Satellite Home Viewer Reauthorization Act of 

8 2009— 

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

10 are designed, and predicted by the satellite 

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

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

14 market area based on the most recent census 

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

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

18 there has been a satellite or sub-system failure 

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

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

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

24 to the Commission the following information: 


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

2 affiant’s knowledge, the satellite carrier provides 

3 local service in all designated market areas pursuant 

4 to the statutory license provided for in section 122 

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

6 designated market areas in which local service was 

7 provided as of the date of enactment of the Satellite 

8 Home Viewer Reauthorization Act of 2009. 

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

10 in paragraph (1): 

11 ‘‘(A) Identification of each such designated 

12 market area and the location of its local receive 

13 facility. 

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

18 released by the United States Census Bureau. 

19 ‘‘(C) Maps, with superimposed effective 

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

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

25 are designed to cover are predicted to provide 


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

4 released by the United States Census Bureau. 

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

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

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

10 would degrade the design performance to such 

11 a degree that a satellite transponder used to 

12 provide local service to any such designated 

13 market area is precluded from delivering a good 

14 quality satellite signal to at least 90 percent of 

15 the households in such designated market area 

16 based on the most recent census data released 

17 by the United States Census Bureau. 

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

20 Commission considers necessary to determine 

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

23 ‘‘(c) CERTIFICATION ISSUANCE.— 


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

2 provide 30 days for public comment on a request for 

3 certification under this section. 

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

6 within 90 days after the date on which such request 

7 is filed. 

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

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

11 the Commission 30 months after such status was granted 

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

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

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

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

17 ‘designated market area’ has the meaning given such 

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

19 States Code. 

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

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

23 ‘‘(i) a satellite signal whose power 

24 level as designed shall achieve reception 

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1 ability level of at least 99.7 percent 

2 using— 

3 ‘‘(I) models of satellite antennas 

4 normally used by the satellite carrier’s 

5 subscribers; and 

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

8 determine predicted signal availability 

9 in the top 100 designated market 

10 areas; and 

11 ‘‘(ii) taking into account whether a 

12 signal is in standard definition format or 

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

15 power level, and utilization of advances in 

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

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

22 ‘‘(I) the satellite carrier treats all 

23 television broadcast stations’ signals 

24 the same with respect to statistical 

25 multiplexer prioritization; and 


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1 ‘‘(II) the number of video signals 

2 in the relevant satellite transponder is 

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

5 any equivalent transponder serving 

6 the top 100 designated market areas. 

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

8 of subparagraph (A), the top 100 designated 

9 market areas shall be as determined by Nielsen 

10 Media Research and published in the Nielsen 

11 Station Index Directory and Nielsen Station 

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

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

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

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

20 adding at the end the following new paragraph: 

21 ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF

22 HIGH DEFINITION SIGNALS OF NONCOMMERCIAL

23 EDUCATIONAL TELEVISION STATIONS.— 

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1 ment of the Satellite Home Viewer Reauthoriza2 tion Act of 2009, an eligible satellite carrier is 

3 providing, under section 122 of title 17, United 

4 States Code, any secondary transmissions in 

5 high definition to subscribers located within the 

6 local market of a television broadcast station of 

7 a primary transmission made by that station, 

8 then such satellite carrier shall carry the high9 definition signals of qualified noncommercial 

10 educational television stations located within 

11 that local market in accordance with the fol12 lowing schedule: 

13 ‘‘(i) By December 31, 2010, in at 

14 least 50 percent of the markets in which 

15 such satellite carrier provides such sec16 ondary transmissions in high definition. 

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

18 market in which such satellite carrier pro19 vides such secondary transmissions in high 

20 definition. 

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

22 after the date of enactment of the Satellite 

23 Home Viewer Reauthorization Act of 2009, an 

24 eligible satellite carrier initiates the provision, 

25 under section 122 of title 17, United States 


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1 Code, of any secondary transmissions in high 

2 definition to subscribers located within the local 

3 market of a television broadcast station of a 

4 primary transmission made by that station, the 

5 such satellite carrier shall carry the high-defini6 tion signals of all qualified noncommercial edu7 cational television stations located within that 

8 local market.’’. 

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

10 (1) by redesignating paragraphs (2) through 

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

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

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

15 ‘eligible satellite carrier’ means any satellite carrier 

16 that is not a party to a carriage contract with a

17 qualified noncommercial educational television sta18 tion, or its representative, that is in force and effect 

19 as of the date of enactment of the Satellite Home 

20 Viewer Reauthorization Act of 2009.’’; 

21 (3) by redesignating paragraphs (6) through 

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

23 through (10), respectively; and 

24 (4) by inserting after paragraph (5) (as so re25 designated) the following new paragraph: 


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1 ‘‘(6) QUALIFIED NONCOMMERCIAL EDU2 CATIONAL TELEVISION STATION.—The term ‘quali3 fied noncommercial educational television station’ 

4 has the meaning given such term in section 

5 615(l)(1) of this Act.’’. 

6 SEC. 208. SAVINGS CLAUSE REGARDING USE OF NON-COM7 PULSORY LICENSES. 

8 (a) IN GENERAL.—Nothing in this title, the Commu9 nications Act of 1934, or regulations promulgated by the 

10 Federal Communications Commission under this title or 

11 the Communications Act of 1934 shall be construed to 

12 prevent a multichannel video programming distributor 

13 from retransmitting a performance or display of a work 

14 pursuant to an authorization granted by the copyright 

15 owner or, if within the scope of its authorization, its li16 censee. 

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

18 construed to affect any obligation of a multichannel video 

19 programming distributor under section 325(b) of the 

20 Communications Act of 1934 to obtain the authority of 

21 a television broadcast station before retransmitting that 

22 station’s signal. 

23 SEC. 209. SAVINGS CLAUSE REGARDING DEFINITIONS. 

24 Nothing in this title or the amendments made by this 

25 title shall be construed to affect— 


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1 (1) the meaning of the terms ‘‘program re2 lated’’ and ‘‘primary video’’ under the Communica3 tions Act of 1934; or 

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

5 regulations issued by the Federal Communications 

6 Commission. 

7 TITLE III—REPORTS 

8 SEC. 301. DEFINITION. 

9 In this title, the term ‘‘appropriate Congressional 

10 committees’’ means the Committees on the Judiciary and 

11 on Commerce, Science, and Transportation of the Senate 

12 and the Committees on the Judiciary and on Energy and 

13 Commerce of the House of Representatives. 

14 SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO 

15 STATUTORY LICENSING. 

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

17 of this Act, and after consultation with the Federal Com18 munications Commission, the Register of Copyrights shall 

19 submit to the appropriate Congressional committees a re20 port containing— 

21 (1) proposed mechanisms, methods, and rec22 ommendations on how to implement a phase-out of 

23 the statutory licensing requirements set forth in sec24 tions 111, 119, and 122 of title 17, United States 

25 Code, by making such sections inapplicable to the 


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1 secondary transmission of a performance or display 

2 of a work embodied in a primary transmission of a 

3 broadcast station that is authorized to license the 

4 same secondary transmission directly with respect to 

5 all of the performances and displays embodied in 

6 such primary transmission; 

7 (2) any recommendations for alternative means 

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

9 statutory licensing requirements set forth in sections 

10 111, 119, and 122 of title 17, United States Code; 

11 and 

12 (3) any recommendations for legislative or ad13 ministrative actions as may be appropriate to 

14 achieve such a phase-out. 

15 SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF 

16 STATUTORY LICENSING MODIFICATIONS. 

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

18 a study that analyzes and evaluates the changes to the 

19 carriage requirements currently imposed on multichannel 

20 video programming distributors under the Communica21 tions Act of 1934 (47 U.S.C. 151 et seq.) and the regula22 tions promulgated by the Federal Communications Com23 mission that would be required or beneficial to consumers, 

24 and such other matters as the Comptroller General deems 

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


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1 current statutory licensing requirements set forth under 

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

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

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

5 requirements would have on consumer prices and access 

6 to programming. 

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

8 of enactment of this Act, the Comptroller General shall 

9 report to the appropriate Congressional committees the re10 sults of the study, including any recommendations for leg11 islative or administrative actions. 

12 SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAM13 MING. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Federal Communications Commission shall 

16 submit to the appropriate Congressional committees a re17 port containing an analysis of— 

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

19 receive local broadcast stations from a station of li20 cense that is located in a different State; 

21 (2) the extent to which consumers have access 

22 to in-state broadcast programming; and 

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

24 designated market areas, as defined in section 122 

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1 kets that would provide more consumers with in2 state broadcast programming. 

3 TITLE IV—SEVERABILITY 

4 SEC. 401. SEVERABILITY. 

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

6 this Act, or the application of such provision or amend7 ment to any person or circumstance is held to be unconsti8 tutional, the remainder of this Act, the amendments made 

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

10 amendment to any person or circumstance shall not be af11 fected thereby. 

Passed the House of Representatives December 3, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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