IB 

Union Calendar No. 182 

111TH CONGRESS 

1ST SESSION H. R. 3570 

[Report No. 111–319] 

To amend title 17, United States Code, to reauthorize the satellite statutory 

license, to conform the satellite and cable statutory licenses to all-digital 

transmissions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2009 

Mr. CONYERS (for himself, Mr. BOUCHER, Ms. WASSERMAN SCHULTZ, and 

Mr. JOHNSON of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary 

OCTOBER 28, 2009 

Reported with technical amendments, committed to the Committee of the 

Whole House on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HR 3570 RH

A BILL 

To amend title 17, United States Code, to reauthorize the 

satellite statutory license, to conform the satellite and 

cable statutory licenses to all-digital transmissions, and 

for other purposes. 


pwalker on DSK8KYBLC1PROD with BILLS
3 

•HR 3570 RH

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

3 SECTION 1. SHORT TITLE. 

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

5 Update and Reauthorization Act of 2009’’. 

6 SEC. 2. REFERENCE. 

7 Except as otherwise provided, whenever in this Act 

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

9 the reference shall be considered to be made to such sec10 tion or provision of title 17, United States Code. 

11 SEC. 3. MODIFICATIONS TO STATUTORY LICENSE FOR SAT12 ELLITE CARRIERS. 

13 (a) HEADING RENAMED.— 

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

15 is amended by striking ‘‘superstations and net16 work stations for private home viewing’’ 

17 and inserting ‘‘distant television program18 ming by satellite’’. 

19 (2) TABLE OF CONTENTS.—The table of con20 tents for chapter I chapter 1 is amended by striking 

21 the item relating to section 119 and inserting the 

22 following: 

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

23 (b) UNSERVED HOUSEHOLD DEFINED.—Section 

24 119(d)(10) is amended— 


pwalker on DSK8KYBLC1PROD with BILLS
4 

•HR 3570 RH

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

2 the following: 

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

4 conventional, stationary, outdoor rooftop receiv5 ing antenna, an over-the-air signal containing 

6 the primary video or qualified multicast video of 

7 a primary network station located in that 

8 household’s local market and affiliated with 

9 that network of— 

10 ‘‘(i) if the signal originates as an ana11 log signal, Grade B intensity as defined by 

12 the Federal Communications Commission 

13 under section 73.683(a) of title 47, Code 

14 of Federal Regulations, as in effect on 

15 January 1, 1999; or 

16 ‘‘(ii) if the signal originates as a dig17 ital signal, intensity defined in the values 

18 for digital television noise-limited service 

19 contour, as defined in regulations issued by 

20 the Federal Communications Commission 

21 under section 73.622(e) of title 47, Code of 

22 Federal Regulations, as such regulations 

23 may be amended from time to time;’’; 

24 (2) in subparagraph (B)— 


pwalker on DSK8KYBLC1PROD with BILLS
5 

•HR 3570 RH

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

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

3 (B) by striking ‘‘Satellite Home Viewer 

4 Extension and Reauthorization Act of 2004’’ 

5 and inserting ‘‘Satellite Home Viewer Update 

6 and Reauthorization Act of 2009’’; 

7 (3) in subparagraph (D)— 

8 (A) by striking ‘‘(a)(12)’’ and inserting 

9 ‘‘(a)(11)’’; and 

10 (B) by striking ‘‘or’’; 

11 (4) in subparagraph (E), by striking the period 

12 at the end and inserting ‘‘; or’’; and 

13 (5) by adding at the end the following new sub14 paragraph: 

15 ‘‘(F) is a subscriber who was lawfully re16 ceiving, by reason of subparagraph (A) of this 

17 paragraph, as in effect on the day before the 

18 date of the enactment of the Satellite Home 

19 Viewer Update and Reauthorization Act of 

20 2009, secondary transmissions of the primary 

21 transmission of a network station affiliated with 

22 that network.’’. 

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

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

25 after the semicolon at the end; 


pwalker on DSK8KYBLC1PROD with BILLS
6 

•HR 3570 RH

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

2 and inserting ‘‘; and’’; and 

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

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

5 Register of Copyrights pursuant to section 

6 708(a).’’. 

7 (d) EMERGENCY MONITORING, PLANNING, OR RE8 SPONDING.—Section 119(a) is amended by adding at the 

9 end the following: 

10 ‘‘(17) RETRANSMISSION FOR EMERGENCY

11 PREPARATION, RESPONSE, OR RECOVERY.— 

12 ‘‘(A) AUTHORITY.—The secondary trans13 mission by a satellite carrier of a performance 

14 or display of a work embodied in a primary 

15 transmission of a television broadcast station is 

16 not an infringement of copyright if such sec17 ondary transmission is made— 

18 ‘‘(i) to a Federal governmental body 

19 designated by the Secretary of Homeland 

20 Security or an organization established 

21 with the purpose of carrying out a system 

22 of national and international relief efforts 

23 and chartered under section 300101 of 

24 title 36; 


pwalker on DSK8KYBLC1PROD with BILLS
7 

•HR 3570 RH

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

2 body or such organization as a part of the 

3 official duties or employment of such offi4 cers or employees; 

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

6 of Homeland Security; and 

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

8 for, responding to, or recovering from an 

9 emergency described under subparagraph 

10 (B). 

11 ‘‘(B) EMERGENCIES.—An emergency is de12 scribed under this subparagraph if the Sec13 retary of Homeland Security identifies such 

14 emergency as a major disaster, a catastrophe 

15 catastrophic incident, an act of terrorism, or a 

16 transportation security incident. 

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

18 months after the date of the enactment of this 

19 paragraph, the Secretary of Homeland Security 

20 shall issue regulations to protect copyright own21 ers by preventing the unauthorized access to 

22 the secondary transmissions described in sub23 paragraph (A). 

24 ‘‘(D) REPORTS TO CONGRESSIONAL COM25 MITTEES.—Not later than one year after the 


pwalker on DSK8KYBLC1PROD with BILLS
8 

•HR 3570 RH

1 date of the enactment of this paragraph and by 

2 September 30 of each year thereafter, the Sec3 retary of Homeland Security shall submit a re4 port to the Committee on the Judiciary and the 

5 Committee on Homeland Security of the House 

6 of Representatives and the Committee on the 

7 Judiciary of the Senate describing— 

8 ‘‘(i) the manner in which the author9 ity granted under subparagraph (A) is 

10 being used; and 

11 ‘‘(ii) any additional legislative rec12 ommendations the Secretary may have. 

13 ‘‘(E) DEFINITIONS.—As used in this para14 graph: 

15 ‘‘(i) TERRORISM.—The term ‘ter16 rorism’ has the meaning given that term in 

17 section 2(16) of the Homeland Security 

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

19 ‘‘(ii) TRANSPORTATION SECURITY IN20 CIDENT.—The term ‘transportation secu21 rity incident’ has the meaning given that 

22 term in section 70101 of title 46. 

23 ‘‘(iii) CATASTROPHIC INCIDENT.—The 

24 term ‘catastrophic incident’ means any nat25 ural disaster, act of terrorism, or other 


pwalker on DSK8KYBLC1PROD with BILLS
9 

•HR 3570 RH

1 man-made disaster that results in extraor2 dinary levels of casualties or damage or dis3 ruption severely affecting the population 

4 (including mass evacuations), infrastruc5 ture, the environment, the economy, na6 tional morale, or government functions in a 

7 geographic area. 

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

9 shall take effect with respect to a secondary 

10 transmission described under subparagraph (A) 

11 that is made after the end of the 30-day period 

12 beginning on the effective date of the regula13 tions issued by the Secretary of Homeland Se14 curity under subparagraph (C).’’. 

15 (e) LICENSE PROVIDED FOR CERTAIN NETWORKS OF

16 NONCOMMERCIAL EDUCATIONAL BROADCAST STA17 TIONS.—Section 119(a)(2)(C) is amended by adding at 

18 the end the following new clause: 

19 ‘‘(vi) NETWORKS OF NONCOMMERCIAL

20 EDUCATIONAL BROADCAST STATIONS.—In 

21 the case of a system of three or more non22 commercial educational broadcast stations 

23 licensed by a to a single State, public agen24 cy, or political, educational, or special pur25 pose subdivision of a State, the statutory 


pwalker on DSK8KYBLC1PROD with BILLS
10 

•HR 3570 RH

1 license provided for in subparagraph (A) 

2 shall apply to the secondary transmission 

3 of the primary transmission of such system 

4 to any subscriber in any county within 

5 such State, if such subscriber is located in 

6 a designated market area that is not other7 wise eligible to receive the secondary trans8 mission of the primary transmission of 

9 such system pursuant to section 122(a).’’. 

10 (f) DEPOSIT OF STATEMENTS AND FEES; 

11 VERIFICATION PROCEDURES.—Section 119(b) is amend12 ed— 

13 (1) by amending the subsection heading to read 

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

15 FEES; VERIFICATION PROCEDURES.—’’; 

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

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

18 (3) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE

21 PAYMENTS.—The Register of Copyrights shall issue 

22 regulations to permit interested parties to verify and 

23 audit the statements of account and royalty fees 

24 submitted by satellite carriers under this sub25 section.’’; 


pwalker on DSK8KYBLC1PROD with BILLS
11 

•HR 3570 RH

1 (4) in paragraph (3), as redesignated, by strik2 ing ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’; 

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

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

5 specified in paragraph (1)(C))’’ after ‘‘shall re6 ceive all fees’’; and 

7 (B) by striking ‘‘paragraph (4)’’ and insert8 ing ‘‘paragraph (5)’’; 

9 (5) in paragraph (4), as redesignated— 

10 (A) by striking ‘‘paragraph (2)’’ and in11 serting ‘‘paragraph (3)’’; and 

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

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

14 (6) in paragraph (5), as redesignated, by strik15 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 

16 (g) ADJUSTMENT OF ROYALTY FEES.—Section 

17 119(c) is amended as follows: 

18 (1) Paragraph (1) is amended— 

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

20 striking ‘‘ANALOG’’; 

21 (B) in subparagraph (A)— 

22 (i) by striking ‘‘primary analog trans23 missions’’ and inserting ‘‘primary trans24 missions’’; and 


pwalker on DSK8KYBLC1PROD with BILLS
12 

•HR 3570 RH

1 (ii) by striking ‘‘July 1, 2004’’ and in2 serting ‘‘July 1, 2009’’; 

3 (C) in subparagraph (B)— 

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

5 Librarian of Congress’’ and inserting 

6 ‘‘January 4, 2010, the Copyright Royalty 

7 Judges’’; 

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

11 (iii) by adding at the end the fol12 lowing: ‘‘A separate fee shall be established 

13 for each stream of a multicast trans14 mission included in the secondary trans15 mission to the subscriber.’’; 

16 (D) in subparagraph (C), by striking ‘‘Li17 brarian of Congress’’ and inserting ‘‘Copyright 

18 Royalty Judges’’; 

19 (E) in subparagraph (D)— 

20 (i) in clause (i)— 

21 (I) by striking ‘‘(i) Voluntary 

22 agreements’’ and inserting the fol23 lowing: 

24 ‘‘(i) VOLUNTARY AGREEMENTS; FIL25 ING.—Voluntary agreements’’; and 


pwalker on DSK8KYBLC1PROD with BILLS
13 

•HR 3570 RH

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

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

3 (ii) in clause (ii)— 

4 (I) by striking ‘‘(ii)(I) Within’’ 

5 and inserting the following: 

6 ‘‘(ii) PROCEDURE FOR ADOPTION OF

7 FEES.— 

8 ‘‘(I) PUBLICATION OF NOTICE.— 

9 Within’’; 

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

11 ‘‘an arbitration proceeding pursuant 

12 to subparagraph (E)’’ and inserting 

13 ‘‘a proceeding under subparagraph 

14 (F)’’; 

15 (III) in subclause (II), by strik16 ing ‘‘(II) Upon receiving a request 

17 under subclause (I), the Librarian of 

18 Congress’’ and inserting the following: 

19 ‘‘(II) PUBLIC NOTICE OF

20 FEES.—Upon receiving a request 

21 under subclause (I), the Copyright 

22 Royalty Judges’’; and 

23 (IV) in subclause (III)— 


pwalker on DSK8KYBLC1PROD with BILLS
14 

•HR 3570 RH

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 COPYRIGHT ROYALTY JUDGES

22 PROCEEDING’’; 

23 (ii) in clause (i)— 


pwalker on DSK8KYBLC1PROD with BILLS
15 

•HR 3570 RH

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)— 


pwalker on DSK8KYBLC1PROD with BILLS
16 

•HR 3570 RH

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 


pwalker on DSK8KYBLC1PROD with BILLS
17 

•HR 3570 RH

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 

25 payable under subsection (b)(1)(B) for the secVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
18 

•HR 3570 RH

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.—The term ‘subscriber’ 

15 means a person or entity that receives a secondary 

16 transmission service from a satellite carrier and pays 

17 a fee for the service, directly or indirectly, to the sat18 ellite carrier or to a distributor.’’. 

19 (2) LOW POWER TELEVISION STATION.—Sec20 tion 119(d)(12) is amended by striking ‘‘low power 

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

22 as’’. 

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

24 amended to read as follows: 


pwalker on DSK8KYBLC1PROD with BILLS
19 

•HR 3570 RH

1 ‘‘(11) LOCAL MARKET.—The term ‘local mar2 ket’ has the meaning given such term under section 

3 122(j).’’. 

4 (4) NONCOMMERCIAL EDUCATIONAL BROAD5 CAST STATION.—Section 119(d) is amended— 

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

7 defined in section 397 of the Communications 

8 Act of 1934)’’; and 

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

10 ‘‘(14) NONCOMMERCIAL EDUCATIONAL BROAD11 CAST STATION.—The term ‘noncommercial edu12 cational broadcast station’ means a television broad13 cast station that— 

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

15 Federal Communications Commission in effect 

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

17 by the Federal Communications Commission as 

18 a noncommercial educational television broad19 cast station and is owned and operated by a 

20 public agency or nonprofit private foundation, 

21 corporation, or association; or 

22 ‘‘(B) is owned and operated by a munici23 pality and transmits only noncommercial pro24 grams for education purposes.’’. 


pwalker on DSK8KYBLC1PROD with BILLS
20 

•HR 3570 RH

1 (5) MULTICAST TRANSMISSION.—Section 

2 119(d) is amended by adding at the end the fol3 lowing: 

4 ‘‘(15) MULTICAST TRANSMISSION.—A 

5 ‘multicast transmission’ is a transmission by a tele6 vision station that contains more than one channel 

7 or digital stream, each containing its own distinct 

8 programming.’’. 

9 (6) QUALIFIED MULTICAST VIDEO.—Section 

10 119(d), as amended by paragraph (5), is further 

11 amended by adding at the end the following new 

12 paragraph: 

13 ‘‘(16) QUALIFIED MULTICAST VIDEO.—A ‘quali14 fied multicast video’ is a video stream other than the 

15 primary video that, with respect to a particular sat16 ellite carrier either— 

17 ‘‘(A) was carried by that satellite carrier 

18 on July 1, 2009, and remains affiliated with the 

19 same network; or 

20 ‘‘(B) exists on January 1, 2013, and re21 mains affiliated with the same network.’’. 

22 (7) PRIMARY VIDEO.—Section 119(d), as 

23 amended by paragraph (6), is further amended by 

24 adding at the end the following new paragraph: 


pwalker on DSK8KYBLC1PROD with BILLS
21 

•HR 3570 RH

1 ‘‘(17) PRIMARY VIDEO.—The term ‘primary 

2 video’ means the single programming stream and as3 sociated data program-related material that received 

4 the highest aggregate viewership ratings (as deter5 mined by Nielsen Media Research) of all program6 ming streams offered by that station as of the date 

7 of enactment of the Satellite Home Viewer Update 

8 and Reauthorization Act of 2009, offered by a tele9 vision broadcast station.’’. 

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

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

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

13 (i) SUPERSTATION REDESIGNATED AS NON-NET14 WORK STATION.—Section 119 is amended— 

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

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

18 (2) by striking ‘‘superstations’’ each place it ap19 pears in a heading and each place it appears in text 

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

21 (j) LOW POWER TELEVISION STATIONS.—Section 

22 119(a)(15) is amended to read as follows: 

23 ‘‘(15) SECONDARY TRANSMISSIONS OF LOW

24 POWER TELEVISION PROGRAMMING.— 


pwalker on DSK8KYBLC1PROD with BILLS
22 

•HR 3570 RH

1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (2)(B), and subject to subparagraphs (B) 

3 through (D) of this paragraph, the statutory li4 cense provided for in paragraph (1) shall apply 

5 to the secondary transmission by a satellite car6 rier of the primary transmission of the pro7 gramming of a non-network station that is li8 censed as a low power television station, to a 

9 subscriber who resides within the same des10 ignated market area as the station that origi11 nates the programming signal. 

12 ‘‘(B) NO APPLICABILITY TO REPEATERS

13 AND TRANSLATORS.—Secondary transmissions 

14 provided for in subparagraph (A) shall not 

15 apply to any low power television station that 

16 retransmits the programs and signals of an17 other television station for more than 2 hours 

18 each day. 

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

20 whose secondary transmission of the primary 

21 transmission of the programming of a low 

22 power television station is subject to statutory 

23 licensing under this section shall be subject to 

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

25 for any transmission to a subscriber outside of 


pwalker on DSK8KYBLC1PROD with BILLS
23 

•HR 3570 RH

1 the local market of the low power television sta2 tion. 

3 ‘‘(D) LIMITATION TO SUBSCRIBERS TAK4 ING LOCAL-INTO-LOCAL SERVICE.—Secondary 

5 transmissions provided for in subparagraph (A) 

6 may be made by a satellite carrier only to sub7 scribers who receive secondary transmissions of 

8 primary transmissions from that satellite car9 rier pursuant to the statutory license under sec10 tion 122.’’. 

11 (k) REMOVAL OF SIGNIFICANTLY VIEWED PROVI12 SION.— 

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

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

15 striking paragraph (3) and redesignating paragraphs 

16 (4) through (17) as paragraphs (3) through (16), re17 spectively. 

18 (2) CONFORMING AMENDMENTS.—Section 119 

19 is amended— 

20 (A) in subsection (a)— 

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

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

23 (7)’’; 

24 (ii) in paragraph (2)— 


pwalker on DSK8KYBLC1PROD with BILLS
24 

•HR 3570 RH

1 (I) in subparagraph (A), by strik2 ing ‘‘paragraphs (5), (6), (7), and 

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

4 (5), (6), and (7)’’; 

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

6 striking the second sentence; and 

7 (III) in subparagraph (D), by 

8 striking clauses (i) and (ii) and insert9 ing the following: 

10 ‘‘(i) INITIAL LISTS.—A satellite car11 rier that makes secondary transmissions of 

12 a primary transmission made by a network 

13 station pursuant to subparagraph (A) 

14 shall, not later than 90 days after com15 mencing such secondary transmissions, 

16 submit to the network that owns or is af17 filiated with the network station a list 

18 identifying (by name and address, includ19 ing street or rural route number, city, 

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

21 to which the satellite carrier makes sec22 ondary transmissions of that primary 

23 transmission to subscribers in unserved 

24 households. 


pwalker on DSK8KYBLC1PROD with BILLS
25 

•HR 3570 RH

1 ‘‘(ii) MONTHLY LISTS.—After the sub2 mission of the initial lists under clause (i), 

3 the satellite carrier shall, not later than 

4 the 15th of each month, submit to the net5 work a list identifying (by name and ad6 dress, including street or rural route num7 ber, city, State, and 9-digit zip code) any 

8 persons who have been added or dropped 

9 as subscribers under clause (i) since the 

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

11 (iii) in paragraph (3)(E) subpara12 graph (E) of paragraph (3) (as redesig13 nated)— 

14 (I) by striking ‘‘under paragraph 

15 (3) or’’; and 

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

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

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

19 final sentence. 

20 (l) MODIFICATIONS TO PROVISIONS FOR SECONDARY

21 TRANSMISSIONS BY SATELLITE CARRIERS.— 

22 (1) PREDICTIVE MODEL.—Section 

23 119(a)(2)(B)(ii) is amended by adding at the end 

24 the following: 


pwalker on DSK8KYBLC1PROD with BILLS
26 

•HR 3570 RH

1 ‘‘(III) ACCURATE PREDICTIVE

2 MODEL WITH RESPECT TO DIGITAL

3 SIGNALS.—Notwithstanding subclause 

4 (I), in determining presumptively 

5 whether a person resides in an 

6 unserved household under subsection 

7 (d)(10)(A) with respect to digital sig8 nals, a court shall rely on a predictive 

9 model set forth by the Federal Com10 munications Commission pursuant to 

11 a rulemaking as provided in section 

12 339(c)(3) of the Communications Act 

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

14 that model may be amended by the 

15 Commission over time under such sec16 tion to increase the accuracy of that 

17 model. Until such time as the Com18 mission sets forth such model, a court 

19 shall rely on the predictive model en20 dorsed by the Commission in FCC 

21 05–199, released December 9, 2005.’’. 

22 (2) MODIFICATIONS TO STATUTORY LICENSE

23 WHERE RETRANSMISSIONS INTO LOCAL MARKET

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

25 amended— 


pwalker on DSK8KYBLC1PROD with BILLS
27 

•HR 3570 RH

1 (A) by striking ‘‘analog’’ each place it ap2 pears in a heading and text; and 

3 (B) by amending subparagraph (B) to read 

4 as follows: 

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

6 The statutory license under paragraph (2) shall 

7 not apply to the secondary transmission by a 

8 satellite carrier of a primary transmission of a 

9 network station to a person who— 

10 ‘‘(i) is not a subscriber lawfully receiv11 ing such secondary transmission as of the 

12 date of the enactment of the Satellite 

13 Home Viewer Update and Reauthorization 

14 Act of 2009; or 

15 ‘‘(ii) at the time such person seeks to 

16 subscribe to receive such secondary trans17 mission, resides in a local market where 

18 the satellite carrier makes available to that 

19 person the secondary transmission of the 

20 primary transmission of a local network 

21 station affiliated with the same television 

22 network pursuant to the statutory license 

23 under section 122, and such secondary 

24 transmission of such primary transmission 

25 can reach such person.’’; 


pwalker on DSK8KYBLC1PROD with BILLS
28 

•HR 3570 RH

1 (C) by striking subparagraphs (C) and 

2 (D); 

3 (D) by redesignating subparagraphs (E), 

4 (F), and (G) as subparagraphs (C), (D), and 

5 (E), respectively; 

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

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

8 and 

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

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

11 (3) STATUTORY DAMAGES FOR TERRITORIAL

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

13 is amended— 

14 (A) by striking ‘‘$5’’ and inserting 

15 ‘‘$250’’; and 

16 (B) by striking ‘‘$250,000’’ each place it 

17 appears and inserting ‘‘$2,500,000’’. 

18 (4) CLERICAL AMENDMENT.—Section 

19 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 

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

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

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

23 (n) CLERICAL AMENDMENTS.—Section 119 is 

24 amended— 


pwalker on DSK8KYBLC1PROD with BILLS
29 

•HR 3570 RH

1 (1) by striking ‘‘of the Code of Federal Regula2 tions’’ each place it appears and inserting ‘‘, Code 

3 of Federal Regulations’’; and 

4 (2) in subsection (d)(6), by striking ‘‘or the Di5 rect’’ and inserting ‘‘, or the Direct’’. 

6 SEC. 4. MODIFICATIONS TO STATUTORY LICENSE FOR SAT7 ELLITE CARRIERS IN LOCAL MARKETS. 

8 (a) HEADING RENAMED.— 

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

10 is amended by striking ‘‘by satellite carriers 

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

12 television programming by satellite’’. 

13 (2) TABLE OF CONTENTS.—The table of con14 tents for chapter I chapter 1 is amended by striking 

15 the item relating to section 122 and inserting the 

16 following: 

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

programming by satellite.’’. 

17 (b) STATUTORY LICENSE.—Section 122(a) is amend18 ed to read as follows: 

19 ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR20 KETS.— 

21 ‘‘(1) SECONDARY TRANSMISSIONS OF TELE22 VISION BROADCAST STATIONS WITHIN A LOCAL MAR23 KET.—A secondary transmission of a performance 

24 or display of a work embodied in a primary transVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
30 

•HR 3570 RH

1 mission of a television broadcast station into the sta2 tion’s local market shall be subject to statutory li3 censing under this section if— 

4 ‘‘(A) the secondary transmission is made 

5 by a satellite carrier to the public; 

6 ‘‘(B) with regard to secondary trans7 missions, the satellite carrier is in compliance 

8 with the rules, regulations, or authorizations of 

9 the Federal Communications Commission gov10 erning the carriage of television broadcast sta11 tion signals; and 

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

13 indirect charge for the secondary transmission 

14 to— 

15 ‘‘(i) each subscriber receiving the sec16 ondary transmission; or 

17 ‘‘(ii) a distributor that has contracted 

18 with the satellite carrier for direct or indi19 rect delivery of the secondary transmission 

20 to the public. 

21 ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 

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

23 under paragraph (1) shall apply to the sec24 ondary transmission of the primary trans25 mission of a network station or a non-network 


pwalker on DSK8KYBLC1PROD with BILLS
31 

•HR 3570 RH

1 station to a subscriber who resides outside the 

2 station’s local market but within a community 

3 in which the signal has been determined by the 

4 Federal Communications Commission to be sig5 nificantly viewed in such community, pursuant 

6 to the rules, regulations, and authorizations of 

7 the Federal Communications Commission in ef8 fect on April 15, 1976, applicable to deter9 mining with respect to a cable system whether 

10 signals are significantly viewed in a community. 

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

12 shall apply only to secondary transmissions of 

13 the primary transmissions of network stations 

14 or non-network stations to subscribers who re15 ceive secondary transmissions from a satellite 

16 carrier pursuant to the statutory license under 

17 paragraph (1). 

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

19 the secondary transmission of the primary 

20 transmission of a network station or a non-net21 work station under subparagraph (B) may re22 quest a waiver from such denial by submitting 

23 a request, through the subscriber’s satellite car24 rier, to the network station or non-network sta25 tion in the local market affiliated with the same 


pwalker on DSK8KYBLC1PROD with BILLS
32 

•HR 3570 RH

1 network or non-network where the subscriber is 

2 located. The network station or non-network 

3 station shall accept or reject the subscriber’s re4 quest for a waiver within 30 days after receipt 

5 of the request. If the network station or non6 network station fails to accept or reject the sub7 scriber’s request for a waiver within that 30- 

8 day period, that network station or non-network 

9 station shall be deemed to agree to the waiver 

10 request. 

11 ‘‘(3) SECONDARY TRANSMISSION OF LOW

12 POWER PROGRAMMING.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graphs (B) through (D) of this paragraph, the 

15 statutory license provided under paragraph (1) 

16 shall apply to the secondary transmission by a 

17 satellite carrier of the primary transmission of 

18 a network station or a non-network station that 

19 is licensed as a low power television station, to 

20 a subscriber who resides within the same local 

21 market as the station that originates the trans22 mission. 

23 ‘‘(B) NO APPLICABILITY TO REPEATERS

24 AND TRANSLATORS.—Secondary transmissions 

25 by a satellite carrier provided for in subparaVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
33 

•HR 3570 RH

1 graph (A) shall not apply to any low power tele2 vision station that retransmits the programs 

3 and signals of another television station for 

4 more than 2 hours each day. 

5 ‘‘(C) LIMITATION TO SUBSCRIBERS TAKING

6 LOCAL-INTO-LOCAL SERVICE.—Secondary trans7 missions by a satellite carrier provided for in 

8 subparagraph (A) may be made only to sub9 scribers who receive secondary transmissions of 

10 primary transmissions from that satellite car11 rier pursuant to the statutory license in para12 graph (1), and only in conformity with the re13 quirements under section 340(b) of the Com14 munications Act of 1934, as in effect on the 

15 date of the enactment of the Satellite Home 

16 Viewer Update and Reauthorization Act of 

17 2009. 

18 ‘‘(D) NO IMPACT ON OTHER SECONDARY

19 TRANSMISSIONS OBLIGATIONS.—A satellite car20 rier that makes secondary transmissions of a 

21 primary transmission of a low power television 

22 station under a statutory license provided under 

23 this section is not required, by reason of such 

24 secondary transmissions, to make any other sec25 ondary transmissions.’’. 


pwalker on DSK8KYBLC1PROD with BILLS
34 

•HR 3570 RH

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

2 amended— 

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

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

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

9 the satellite carrier makes secondary trans10 missions of that primary transmission under 

11 subsection (a); and 

12 ‘‘(B) a separate list, aggregated by des13 ignated market area (by name and address, in14 cluding street or rural route number, city, 

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

16 those subscribers being served pursuant to sub17 section (a)(2), relating to significantly viewed 

18 stations.’’; and 

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

20 list’’ and all that follows through the end and insert21 ing the following: ‘‘network— 

22 ‘‘(A) a list identifying (by name in alpha23 betical order and street address, including coun24 ty and 9-digit zip code) any subscribers who 

25 have been added or dropped as subscribers 


pwalker on DSK8KYBLC1PROD with BILLS
35 

•HR 3570 RH

1 since the last submission under this subsection; 

2 and 

3 ‘‘(B) a separate list, aggregated by des4 ignated market area (by name and street ad5 dress, including street or rural route number, 

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

7 those subscribers whose service pursuant to 

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

9 viewed stations, has been added or dropped 

10 since the last submission under this sub11 section.’’. 

12 (d) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 

13 (1) MODIFICATION TO STATUTORY DAMAGES.—Sec14 tion 122(f) is amended— 

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

16 inserting ‘‘$250’’; and 

17 (B) in paragraph (2), by striking ‘‘$250,000’’ 

18 each place it appears and inserting ‘‘$2,500,000’’. 

19 (2) CONFORMING AMENDMENT FOR SIGNIFICANTLY

20 VIEWED STATIONS.—Section 122 is amended— 

21 (A) in subsection (f), by striking ‘‘section 119 

22 or’’ each place it appears and inserting the fol23 lowing: ‘‘section 119, subject to statutory licensing 

24 by reason of subsection (a)(2)(A), or subject to’’; 

25 and 


pwalker on DSK8KYBLC1PROD with BILLS
36 

•HR 3570 RH

1 (B) in subsection (g), by striking ‘‘section 119 

2 or’’ and inserting the following: ‘‘section 119, sub3 section (a)(2)(A), or’’. 

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

5 (1) in paragraph (1), by striking ‘‘which con6 tracts’’ and inserting ‘‘that contracts’’; 

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

8 follows: 

9 ‘‘(A) IN GENERAL.—The term ‘local mar10 ket’ means— 

11 ‘‘(i) in the case of a television broad12 cast station that is not a low power tele13 vision station, the designated market area 

14 in which such station is located, and— 

15 ‘‘(I) in the case of a commercial 

16 television broadcast station, all com17 mercial television broadcast stations 

18 licensed to a community within the 

19 same designated market area are 

20 within the same local market; and 

21 ‘‘(II) in the case of a non22 commercial educational television 

23 broadcast station, any station that is 

24 licensed to a community within the 

25 same designated market area as the 


pwalker on DSK8KYBLC1PROD with BILLS
37 

•HR 3570 RH

1 noncommercial educational television 

2 broadcast station; and 

3 ‘‘(ii) in the case of a low power tele4 vision broadcast station, the area that is 

5 both— 

6 ‘‘(I) within the designated mar7 ket area in which such station is lo8 cated; and 

9 ‘‘(II) within the area within 35 

10 miles of the transmitter site of such 

11 station, except that in the case of 

12 such a station located in a standard 

13 metropolitan statistical area that has 

14 1 of the 50 largest populations of all 

15 standard metropolitan statistical areas 

16 (based on the 1980 decennial census 

17 of population taken by the Secretary 

18 of Commerce), the area within 20 

19 miles of the transmitter site of such 

20 station.’’; 

21 (3) in paragraph (3)— 

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

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

24 ‘‘NETWORK STATION;’’; and 


pwalker on DSK8KYBLC1PROD with BILLS
38 

•HR 3570 RH

1 (B) by inserting ‘‘ ‘non-network station’,’’ 

2 after ‘‘ ‘network station’,’’; 

3 (4) by amending paragraph (4) to read as fol4 lows: 

5 ‘‘(4) SUBSCRIBER.—The term ‘subscriber’ 

6 means a person or entity that receives a secondary 

7 transmission service from a satellite carrier and pays 

8 a fee for the service, directly or indirectly, to the sat9 ellite carrier or to a distributor.’’; and 

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

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

12 term ‘‘low power television station’’ ‘low power tele13 vision station’ means a low power TV station as de14 fined under section 74.701(f) of title 47, Code of 

15 Federal Regulations, as in effect on June 1, 2004. 

16 For purposes of this paragraph, the term ‘‘low 

17 power television station’’ ‘low power television sta18 tion’ includes a low power television station that has 

19 been accorded primary status as a Class A television 

20 licensee under section 73.6001(a) of title 47, Code 

21 of Federal Regulations.’’. 

22 SEC. 5. MODIFICATIONS TO CABLE SYSTEM SECONDARY 

23 TRANSMISSION RIGHTS UNDER SECTION 111. 

24 (a) HEADING RENAMED.— 


pwalker on DSK8KYBLC1PROD with BILLS
39 

•HR 3570 RH

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

2 is amended by inserting at the end the following: 

3 ‘‘of television programming by cable’’. 

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

6 the item relating to section 111 and inserting the 

7 following: 

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

8 (b) NATIONAL EMERGENCY MONITORING EXEMP9 TION.—Section 111 is amended— 

10 (1) in subsection (a)— 

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

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

13 (B) in paragraph (5), by striking the pe14 riod and inserting ‘‘; or’’; and 

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

16 paragraph: 

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

18 cable system for emergency preparation, response, or 

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

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(g) RETRANSMISSION FOR EMERGENCY PREPARA23 TION, RESPONSE, OR RECOVERY.— 


pwalker on DSK8KYBLC1PROD with BILLS
40 

•HR 3570 RH

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

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

3 of a performance or display of a work embodied in 

4 a primary transmission by a television broadcast sta5 tion is made for emergency preparation, response, or 

6 recovery if such transmission is made— 

7 ‘‘(A) by a cable system to a Federal gov8 ernmental body designated by the Secretary of 

9 Homeland Security or an organization estab10 lished with the purpose of carrying out a sys11 tem of national and international relief efforts 

12 and chartered under section 300101 of title 36; 

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

14 or such organization as a part of the official du15 ties or employment of such officers or employ16 ees; 

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

18 Homeland Security; and 

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

20 responding to, or recovering from an emergency 

21 described under paragraph (2). 

22 ‘‘(2) EMERGENCIES.—An emergency is de23 scribed under this paragraph if the Secretary of 

24 Homeland Security identifies such emergency as a 

25 major disaster, a catastrophe catastrophic incident, 


pwalker on DSK8KYBLC1PROD with BILLS
41 

•HR 3570 RH

1 an act of terrorism, or a transportation security inci2 dent. 

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

4 after the date of the enactment of this subsection, 

5 the Secretary of Homeland Security shall issue regu6 lations to protect copyright owners by preventing the 

7 unauthorized access to the secondary transmissions 

8 described in paragraph (1). 

9 ‘‘(4) REPORTS TO CONGRESSIONAL COMMIT10 TEES.—Not later than one year after the date of the 

11 enactment of this subsection and by September 30 

12 of each year thereafter, the Secretary of Homeland 

13 Security shall submit a report to the Committee on 

14 the Judiciary and the Committee on Homeland Secu15 rity of the House of Representatives and the Com16 mittee on the Judiciary of the Senate describing— 

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

18 granted under paragraph (1) is being used; and 

19 ‘‘(B) any additional legislative rec20 ommendations the Secretary may have. 

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

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

23 has the meaning given that term in section 

24 2(16) of the Homeland Security Act of 2002 (6 

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


pwalker on DSK8KYBLC1PROD with BILLS
42 

•HR 3570 RH

1 ‘‘(B) TRANSPORTATION SECURITY INCI2 DENT.—The term ‘transportation security inci3 dent’ has the meaning given that term in sec4 tion 70101 of title 46. 

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

6 ‘catastrophic incident’ means any natural dis7 aster, act of terrorism, or other man-made dis8 aster that results in extraordinary levels of cas9 ualties or damage or disruption severely affect10 ing the population (including mass evacuations), 

11 infrastructure, the environment, the economy, 

12 national morale, or government functions in a 

13 geographic area. 

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

15 take effect with respect to a secondary transmission 

16 described under paragraph (1) that is made after 

17 the end of the 30-day period beginning on the effec18 tive date of the regulations issued by the Secretary 

19 of Homeland Security under paragraph (3).’’. 

20 (c) STATUTORY LICENSE FOR SECONDARY TRANS21 MISSIONS BY CABLE SYSTEMS.—Section 111(d) is amend22 ed— 

23 (1) in paragraph (1)— 

24 (A) in the matter preceding subparagraph 

25 (A)— 


pwalker on DSK8KYBLC1PROD with BILLS
43 

•HR 3570 RH

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

2 secondary’’ and inserting the following: 

3 ‘‘STATEMENT OF ACCOUNT AND ROYALTY

4 FEES.—A cable system whose secondary’’; 

5 and 

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

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

8 (B) in subparagraph (A)— 

9 (i) by striking ‘‘a statement of ac10 count’’ and inserting ‘‘A statement of ac11 count’’; and 

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

13 a period; and 

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

15 and (D), and inserting the following: 

16 ‘‘(B) A total Except in the case of a cable 

17 system whose royalty is specified in subpara18 graph (E) or (F), a total royalty fee for the pe19 riod covered by the statement, computed on the 

20 basis of specified percentages of the gross re21 ceipts from subscribers to the cable service dur22 ing such period for the basic service of pro23 viding secondary transmissions of primary 

24 broadcast transmitters, as follows: 


pwalker on DSK8KYBLC1PROD with BILLS
44 

•HR 3570 RH

1 ‘‘(i) 1.064 percent of such gross re2 ceipts for the privilege of further transmit3 ting, beyond the local service area of such 

4 primary transmitter, any non-network pro5 gramming of a primary transmitter in 

6 whole or in part, such amount to be ap7 plied against the fee, if any, payable pursu8 ant to clauses (ii) through (iv); 

9 ‘‘(ii) 1.064 percent of such gross re10 ceipts for the first distant signal equiva11 lent; 

12 ‘‘(iii) 0.701 percent of such gross re13 ceipts for each of the second, third, and 

14 fourth distant signal equivalents; and 

15 ‘‘(iv) 0.330 percent of such gross re16 ceipts for the fifth distant signal equivalent 

17 and each distant signal equivalent there18 after. 

19 ‘‘(C) In computing amounts under clauses 

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

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

22 equivalent shall be computed at its frac23 tional value; 

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

25 located partly within and partly outside of 


pwalker on DSK8KYBLC1PROD with BILLS
45 

•HR 3570 RH

1 the local service area of a primary trans2 mitter, gross receipts shall be limited to 

3 those gross receipts derived from sub4 scribers located outside of the local service 

5 area of such primary transmitter; and 

6 ‘‘(iii) if a cable system provides a sec7 ondary transmission of a primary trans8 mitter to some but not all communities 

9 served by that cable system— 

10 ‘‘(I) the gross receipts and the 

11 distant signal equivalent values for 

12 such secondary transmission shall be 

13 derived solely on the basis of the sub14 scribers in those communities where 

15 the cable system provides such sec16 ondary transmission; and 

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

18 period paid by such system shall not 

19 be less than the royalty fee calculated 

20 under subparagraph (B)(i) multiplied 

21 by the gross receipts from all sub22 scribers to the system. 

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

24 submitted before the date of the enactment of 

25 the Satellite Home Viewer Update and ReauVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
46 

•HR 3570 RH

1 thorization Act of 2009, computed its royalty 

2 fee consistent with the methodology under this 

3 paragraph subparagraph (C)(iii) or that 

4 amends a statement filed before such date of 

5 enactment to compute the royalty fee due using 

6 such methodology shall not be subject to an ac7 tion for infringement, or eligible for any royalty 

8 refund or offset, arising out of its use of such 

9 methodology on such statement. 

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

11 subscribers to a cable system for the period cov12 ered by the statement for the basic service of 

13 providing secondary transmissions of primary 

14 broadcast transmitters total $263,800 or less— 

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

16 for the purpose of this paragraph shall be 

17 computed by subtracting from such actual 

18 gross receipts the amount by which 

19 $263,800 exceeds such actual gross re20 ceipts, except that in no case shall a cable 

21 system’s gross receipts be reduced to less 

22 than $10,400; and 

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

24 paragraph shall be 0.5 percent, regardless 


pwalker on DSK8KYBLC1PROD with BILLS
47 

•HR 3570 RH

1 of the number of distant signal equiva2 lents, if any. 

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

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

6 providing secondary transmissions of primary 

7 broadcast transmitters are more than $263,800 

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

9 under this paragraph shall be— 

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

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

12 of distant signal equivalents, if any; and 

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

14 excess of $263,800, but less than 

15 $527,600, regardless of the number of dis16 tant signal equivalents, if any. 

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

18 Register of Copyrights pursuant to section 

19 708(a).’’; 

20 (2) in paragraph (2), by striking ‘‘The Register 

21 of Copyrights’’ and inserting the following: ‘‘HAN22 DLING OF FEES.—The Register of Copyrights’’; 

23 (2) in paragraph (2)— 


pwalker on DSK8KYBLC1PROD with BILLS
48 

•HR 3570 RH

1 (A) by striking ‘‘The Register of Copy2 rights’’ and inserting the following ‘‘HANDLING

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

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

5 specified in paragraph (1)(G))’’ after ‘‘shall re6 ceive’’; 

7 (3) in paragraph (3)— 

8 (A) by striking ‘‘The royalty fees’’ and in9 serting the following: ‘‘DISTRIBUTION OF ROY10 ALTY FEES TO COPYRIGHT OWNERS.—The roy11 alty fees’’; 

12 (B) in subparagraph (A)— 

13 (i) by striking ‘‘any such’’ and insert14 ing ‘‘Any such’’; and 

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

16 a period; 

17 (C) in subparagraph (B)— 

18 (i) by striking ‘‘any such’’ and insert19 ing ‘‘Any such’’; and 

20 (ii) by striking ‘‘; and’’ the semicolon 

21 and inserting a period; and 

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

23 such’’ and inserting ‘‘Any such’’; 

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

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


pwalker on DSK8KYBLC1PROD with BILLS
49 

•HR 3570 RH

1 FOR ROYALTY FEE DISTRIBUTION.—The royalty 

2 fees’’; and 

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

4 paragraphs: 

5 ‘‘(5) VERIFICATION OF ACCOUNTS AND FEE

6 PAYMENTS.—The Register of Copyrights shall issue 

7 regulations to provide for the confidential 

8 verification and audit of the information reported on 

9 the semi-annual statement of account filed after the 

10 date of the enactment of the Satellite Home Viewer 

11 Update and Reauthorization Act of 2009. The regu12 lations shall provide for a single verification proce13 dure, with respect to the semi-annual statements of 

14 account filed by a cable system, to be conducted by 

15 a qualified independent auditor on behalf of all copy16 right owners whose works were the subject of a sec17 ondary transmission to the public by a cable system 

18 of a performance or display of a work embodied in 

19 a primary transmission and for a mechanism to re20 view and cure defects identified by any such audit. 

21 ‘‘(6) ACCEPTANCE OF ADDITIONAL DEPOSITS.— 

22 Any royalty fee payments received by the Copyright 

23 Office from cable systems for the secondary trans24 mission of primary transmissions that are in addi25 tion to the payments calculated and deposited in acVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
50 

•HR 3570 RH

1 cordance with this subsection shall be deemed to 

2 have been deposited for the particular accounting pe3 riod during for which they are received and shall be 

4 distributed as specified under this subsection.’’. 

5 (d) EFFECTIVE DATE OF NEW ROYALTY FEE

6 RATES.—The royalty fee rates established in section 

7 111(d)(1)(B) of title 17, United States Code, as amended 

8 by subsection (c)(1)(C) of this section, shall take effect com9 mencing with the first accounting period occurring in 2010. 

10 (d) (e) DEFINITIONS.—Section 111(f) is amended— 

11 (1) in the first undesignated paragraph, by 

12 striking ‘‘A ‘primary transmission’ is a trans13 mission’’ and inserting the following: 

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

15 transmission’ is a transmission, including a 

16 multicast transmission,’’; 

17 (2) in the second undesignated paragraph— 

18 (A) by striking ‘‘A ‘secondary trans19 mission’ ’’ and inserting the following: 

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

21 transmission’ ’’; and 

22 (B) by striking ‘‘ ‘cable system’ ’’ and in23 serting ‘‘cable system’’; 

24 (3) in the third undesignated paragraph— 


pwalker on DSK8KYBLC1PROD with BILLS
51 

•HR 3570 RH

1 (A) by striking ‘‘A ‘cable system’ ’’ and in2 serting the following: 

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

4 (B) by striking ‘‘Territory, Trust Terri5 tory, or Possession’’ and inserting ‘‘territory, 

6 trust territory, or possession of the United 

7 States’’; 

8 (4) in the fourth undesignated paragraph— 

9 (A) in the first sentence, by striking ‘‘The 

10 ‘local service area of a primary transmitter’ ’’ 

11 and inserting the following: 

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

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

14 transmitter’ ’’; 

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

16 Code of Federal Regulations’’ and inserting the 

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

18 Regulations, or within the noise-limited contour 

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

20 Federal Regulations’’; and 

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

22 and regulations of the Federal Communications 

23 Commission,’’; 

24 (5) by amending the fifth undesignated para25 graph to read as follows: 


pwalker on DSK8KYBLC1PROD with BILLS
52 

•HR 3570 RH

1 ‘‘(5) DISTANT SIGNAL EQUIVALENT.— 

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

3 under subparagraph (B), a ‘distant signal 

4 equivalent’— 

5 ‘‘(i) is the value assigned to the sec6 ondary transmission of any non-network 

7 television programming carried by a cable 

8 system in whole or in part beyond the local 

9 service area of the primary transmitter of 

10 such programming; and 

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

12 of one to each channel or digital steam 

13 stream carrying independent television pro14 gramming, and a value of one-quarter to 

15 each channel or digital stream carrying 

16 network television programming or non17 commercial educational television program18 ming transmitted by a television broadcast 

19 station pursuant to the rules, regulations, 

20 and authorizations of the Federal Commu21 nications Commission. 

22 ‘‘(B) EXCEPTIONS.—The values for inde23 pendent, network, and noncommercial edu24 cational programming specified in subparagraph 

25 (A) are subject to the following: 


pwalker on DSK8KYBLC1PROD with BILLS
53 

•HR 3570 RH

1 ‘‘(i) Where the rules and regulations 

2 of the Federal Communications Commis3 sion require a cable system to omit the fur4 ther transmission of a particular program 

5 and such rules and regulations also permit 

6 the substitution of another program em7 bodying a performance or display of a 

8 work in place of the omitted transmission, 

9 or where such rules and regulations in ef10 fect on the date of enactment of the Copy11 right Act of 1976 permit a cable system, 

12 at its election, to effect such omission and 

13 substitution of a nonlive program or to 

14 carry additional programs not transmitted 

15 by primary transmitters within whose local 

16 service area the cable system is located, no 

17 value shall be assigned for the substituted 

18 or additional program. 

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

20 authorizations of the Federal Communica21 tions Commission in effect on the date of 

22 enactment of the Copyright Act of 1976 

23 permit a cable system, at its election, to 

24 omit the further transmission of a par25 ticular program and such rules, regulaVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
54 

•HR 3570 RH

1 tions, or authorizations also permit the 

2 substitution of another program embodying 

3 a performance or display of a work in 

4 place of the omitted transmission, the 

5 value assigned for the substituted or addi6 tional program shall be, in the case of a 

7 live program, the value of one full distant 

8 signal equivalent multiplied by a fraction 

9 that has as its numerator the number of 

10 days in the year in which such substitution 

11 occurs and as its denominator the number 

12 of days in the year. 

13 ‘‘(iii) In the case of a channel or dig14 ital stream carried pursuant to the late15 night or specialty programming rules of 

16 the Federal Communications Commission, 

17 or a channel or digital stream carried on a 

18 part-time basis where full-time carriage is 

19 not possible because the cable system lacks 

20 the activated channel capacity to re21 transmit on a full-time basis all signals 

22 that it is authorized to carry, the values 

23 for independent, network, and noncommer24 cial educational programming set forth in 

25 subparagraph (A), as the case may be, 


pwalker on DSK8KYBLC1PROD with BILLS
55 

•HR 3570 RH

1 shall be multiplied by a fraction that is 

2 equal to the ratio of the broadcast hours of 

3 such channel or digital stream carried by 

4 the cable system to the total broadcast 

5 hours of the channel or digital stream.’’; 

6 (6) in the sixth undesignated paragraph— 

7 (A) by striking ‘‘A ‘network station’ ’’ and 

8 inserting the following: 

9 ‘‘(6) NETWORK STATION.— 

10 ‘‘(A) IN GENERAL.—A ‘network station’ ’’; 

11 and 

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

13 ‘‘(B) NETWORK PROGRAMMING.—The term 

14 ‘network television programming’ means pro15 gramming that is transmitted by a network sta16 tion.’’; 

17 (7) by striking the seventh undesignated para18 graph and inserting the following: 

19 ‘‘(7) INDEPENDENT STATION.— 

20 ‘‘(A) IN GENERAL.—An ‘independent sta21 tion’ is a commercial television broadcast sta22 tion other than a network station. 

23 ‘‘(B) INDEPENDENT PROGRAMMING.—The 

24 term ‘independent television programming’ 

25 means all programming other than ‘network telVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
56 

•HR 3570 RH

1 evision programming’ or ‘noncommercial edu2 cational television programming’.’’; 

3 (8) by striking the eighth undesignated para4 graph and inserting the following: 

5 ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA6 TION.— 

7 ‘‘(A) IN GENERAL.—A ‘noncommercial 

8 educational station’ is a television or radio 

9 broadcast station that— 

10 ‘‘(i) under the rules and regulations of 

11 the Federal Communications Commission 

12 in effect on November 2, 1978, is eligible 

13 to be licensed by the Federal Communica14 tions Commission as a noncommercial edu15 cational radio or television broadcast sta16 tion and that is owned and operated by a 

17 public agency or nonprofit private founda18 tion, corporation, or association; or 

19 ‘‘(ii) is owned and operated by a mu20 nicipality and that transmits only non21 commercial programs for education pur22 poses. 

23 ‘‘(B) NONCOMMERCIAL EDUCATIONAL PRO24 GRAMMING.—The term ‘noncommercial edu25 cational television programming’ means proVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
57 

•HR 3570 RH

1 gramming that is transmitted by a noncommer2 cial educational station.’’; and 

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

4 ‘‘(9) MULTICAST TRANSMISSION.—A ‘multicast 

5 transmission’ is a transmission by a television sta6 tion that contains more than one channel or digital 

7 stream, each containing its own distinct program8 ming. 

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

10 means a person or entity that receives a secondary 

11 transmission service from a cable system and pays 

12 a fee for the service, directly or indirectly, to the 

13 cable system.’’. 

14 (e) (f) TIMING OF SECTION 111 PROCEEDINGS.— 

15 Section 804(b)(1) is amended by striking ‘‘2005’’ each 

16 place it appears and inserting ‘‘2015’’. 

17 (f) (g) TECHNICAL AND CONFORMING AMEND18 MENTS.— 

19 (1) CORRECTIONS TO FIX LEVEL DESIGNA20 TIONS.—Section 111 is amended— 

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

22 striking ‘‘clause’’ each place it appears and in23 serting ‘‘paragraph’’; 


pwalker on DSK8KYBLC1PROD with BILLS
58 

•HR 3570 RH

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

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

3 and 

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

5 ‘‘subclause’’ each place it appears and inserting 

6 ‘‘subparagraph’’. 

7 (2) CONFORMING AMENDMENT TO HYPHENATE

8 NONNETWORK.—Section 111 is amended by striking 

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

10 ‘‘non-network’’. 

11 (3) PREVIOUSLY UNDESIGNATED PARA12 GRAPH.—Section 111(e)(1) is amended by striking 

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

14 ‘‘subsection (f)(2)’’. 

15 (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec16 tion 111(e) is amended— 

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

18 at the end; 

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

20 ‘‘and’’ at the end; 

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

22 at the end; 

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

24 ‘‘and’’ at the end; and 


pwalker on DSK8KYBLC1PROD with BILLS
59 

•HR 3570 RH

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

2 at the end; 

3 (5) REMOVAL OF VARIANT FORMS REF4 ERENCES.—Section 111 is amended— 

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

6 each of its variant forms,’’; and 

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

8 their variant forms’’. 

9 (6) CORRECTION TO TERRITORY REFERENCE.— 

10 Section 111(e)(2) is amended in the matter pre11 ceding subparagraph (A) by striking ‘‘three terri12 tories’’ and inserting ‘‘five entities’’. 

13 SEC. 6. CERTAIN WAIVERS GRANTED TO PROVIDERS OF 

14 LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS. 

15 Section 119 is amended by adding at the end the fol16 lowing new subsection: 

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

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

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

20 an injunction pursuant to subsection (a)(7)(B) be21 fore the date of the enactment of this subsection 

22 shall waive such injunction if the court recognizes 

23 the entity against which the injunction was issued as 

24 a qualified carrier. 

25 ‘‘(2) LIMITED TEMPORARY WAIVER.— 


pwalker on DSK8KYBLC1PROD with BILLS
60 

•HR 3570 RH

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

2 by a satellite carrier, a court that issued an in3 junction against such carrier under subsection 

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

5 this subsection shall waive such injunction with 

6 respect to the statutory license provided under 

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

8 allow such carrier to retransmit distant network 

9 signals to unserved households located in short 

10 markets in which such carrier was not pro11 viding local service pursuant to the license 

12 under section 122 as of December 31, 2009. 

13 ‘‘(B) EXPIRATION OF TEMPORARY WAIV14 ER.—A temporary waiver of an injunction 

15 under subparagraph (A) shall expire after the 

16 end of the 120-day period beginning on the 

17 date such temporary waiver is made unless ex18 tended for good cause by the court making the 

19 temporary waiver. 

20 ‘‘(C) FAILURE TO MAKE GOOD FAITH EF21 FORT TO PROVIDE LOCAL-INTO-LOCAL SERVICE

22 TO ALL DMAS.— 

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

24 making a temporary waiver under subpara25 graph (A) determines that the satellite carVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
61 

•HR 3570 RH

1 rier that made the request for such waiver 

2 has failed to make a good faith effort to 

3 provide local-into-local service to all DMAs 

4 and determines that such failure was will5 ful, such failure— 

6 ‘‘(I) is actionable as an act of in7 fringement under section 501 and the 

8 court may in its discretion impose the 

9 remedies provided for in section 502 

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

11 of this section; and 

12 ‘‘(II) shall result in the termi13 nation of the waiver provided under 

14 subparagraph (A). 

15 ‘‘(ii) NONWILLFUL FAILURE.—If the 

16 court making a temporary waiver under 

17 subparagraph (A) determines that the sat18 ellite carrier that made the request for 

19 such waiver has failed to make a good 

20 faith effort to provide local-into-local serv21 ice to all DMAs and determines that such 

22 failure was nonwillful, the court may in its 

23 discretion impose financial penalties that 

24 reflect— 


pwalker on DSK8KYBLC1PROD with BILLS
62 

•HR 3570 RH

1 ‘‘(I) the degree of control the 

2 carrier had over the circumstances 

3 that resulted in the failure; 

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

5 efforts to remedy the failure; and 

6 ‘‘(III) the severity and duration 

7 of the service interruption. 

8 ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL9 ABLE.—An entity may only receive one tem10 porary waiver under this paragraph. 

11 ‘‘(E) SHORT MARKET DEFINED.—For pur12 poses of this paragraph, the term ‘short mar13 ket’ means a local market in which program14 ming of one or more of the four most widely 

15 viewed television networks nationwide as meas16 ured on the date of enactment of this sub17 section is not offered on the primary signal of 

18 any local television broadcast station. 

19 ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER

20 RECOGNITION.— 

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

22 entity seeking to be recognized as a qualified 

23 carrier under this subsection shall file a state24 ment of eligibility with the court that imposed 


pwalker on DSK8KYBLC1PROD with BILLS
63 

•HR 3570 RH

1 the injunction. A statement of eligibility must 

2 include— 

3 ‘‘(i) an affidavit that the entity is pro4 viding local-into-local service to all DMAs; 

5 ‘‘(ii) a request for a waiver of the in6 junction; and 

7 ‘‘(iii) a certification issued pursuant 

8 to section øX¿ of øE&C Act¿. 

9 ‘‘(B) GRANT OF RECOGNITION AS A QUALI10 FIED CARRIER.—Upon receipt of a statement of 

11 eligibility, the court shall recognize the entity as 

12 a qualified carrier and issue the waiver under 

13 paragraph (1). 

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

15 time, an entity recognized as a qualified carrier 

16 may file a statement of voluntary termination 

17 with the court certifying that it no longer wish18 es to be recognized as a qualified carrier. Upon 

19 receipt of such statement, the court shall rein20 state the injunction waived under paragraph 

21 (1). 

22 ‘‘(D) LOSS OF RECOGNITION PREVENTS

23 FUTURE RECOGNITION.—No entity may be rec24 ognized as a qualified carrier if such entity had 

25 previously been recognized as a qualified carrier 


pwalker on DSK8KYBLC1PROD with BILLS
64 

•HR 3570 RH

1 and subsequently lost such recognition or volun2 tarily terminated such recognition under sub3 paragraph (C). 

4 ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND

5 COMPLIANCE.— 

6 ‘‘(A) IN GENERAL.—An entity recognized 

7 as a qualified carrier shall continue to provide 

8 local-into-local service to all DMAs. 

9 ‘‘(B) COMPLIANCE DETERMINATION.— 

10 Upon the motion of an aggrieved television 

11 broadcast station, the court recognizing an enti12 ty as a qualified carrier may make a determina13 tion of whether the entity is providing local14 into-local service to all DMAs. 

15 ‘‘(C) PLEADING REQUIREMENT.—In any 

16 motion brought under subparagraph (B), the 

17 party making such motion shall specify one or 

18 more designated market areas (as such term is 

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

20 failure to provide service is being alleged, and, 

21 for each such designated market area, shall 

22 plead with particularity the circumstances of 

23 the alleged failure. 

24 ‘‘(D) BURDEN OF PROOF.—In any pro25 ceeding to make a determination under subVerDate Nov 24 2008 20:59 Oct 28, 2009 Jkt 089200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.RH H3570

pwalker on DSK8KYBLC1PROD with BILLS
65 

•HR 3570 RH

1 paragraph (B), and with respect to a des2 ignated market area for which failure to provide 

3 service is alleged, the entity recognized as a 

4 qualified carrier shall have the burden of prov5 ing that the entity provided local-into-local serv6 ice with a good quality satellite signal to 90 

7 percent of the households in such designated 

8 market area at the time and place alleged. 

9 ‘‘(5) FAILURE TO PROVIDE SERVICE.— 

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

11 an entity as a qualified carrier finds that such 

12 entity has willfully failed to provide local-into13 local service to all DMAs, such finding shall re14 sult in the loss of recognition of the entity as 

15 a qualified carrier and the termination of the 

16 waiver provided under paragraph (1), and the 

17 court may, in its discretion— 

18 ‘‘(i) treat such failure as an act of in19 fringement under section 501, and subject 

20 such infringement to the remedies provided 

21 for in sections 502 through 506 and sub22 section (a)(6)(B) of this section; and 

23 ‘‘(ii) impose a fine of no greater than 

24 $250,000. 


pwalker on DSK8KYBLC1PROD with BILLS
66 

•HR 3570 RH

1 ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA2 TION.—If the court determines that the failure 

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

4 nonwillful, the court may in its discretion im5 pose financial penalties for noncompliance that 

6 reflect— 

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

8 had over the circumstances that resulted in 

9 the failure; 

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

11 to remedy the failure and restore service; 

12 and 

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

14 service interruption. 

15 ‘‘(6) PENALTIES FOR VIOLATIONS OF LI16 CENSE.—A court that finds, under subsection 

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

18 carrier has willfully made a secondary transmission 

19 of a primary transmission made by a network sta20 tion and embodying a performance or display of a 

21 work to a subscriber who is not eligible to receive 

22 the transmission under this section shall reinstate 

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

24 court may order statutory damages of not to exceed 

25 $2,500,000. 


pwalker on DSK8KYBLC1PROD with BILLS
67 

•HR 3570 RH

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

2 DEFINED.—For purposes of this subsection: 

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

4 ‘local-into-local service to all DMAs’ if the enti5 ty provides local service in all designated mar6 ket areas (as such term is defined in section 

7 122(j)(2)(C)) pursuant to the license under sec8 tion 122. 

9 ‘‘(B) HOUSEHOLD COVERAGE.—For pur10 poses of subparagraph (A), an entity that 

11 makes available local-into-local service with a 

12 good quality satellite signal to 90 percent of the 

13 households in a designated market area based 

14 on the most recent census data shall be consid15 ered to be providing local service to such des16 ignated market area. 

17 ‘‘(C) GOOD QUALITY SATELLITE SIGNAL

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

19 the meaning given such term under section øX¿ 

20 of øE&C Act¿.’’. 

21 SEC. 7. TERMINATION OF LICENSE. 

22 Section 119, as amended by this Act, shall cease to 

23 be effective on December 31, 2014. 


pwalker on DSK8KYBLC1PROD with BILLS
Union Calendar No. 182 

111TH CONGRESS 

1ST SESSION H. R. 3570 

[Report No. 111–319] 

A BILL 

To amend title 17, United States Code, to reaudigital transmissions, and for other purposes. the satellite and cable statutory licenses to all- thorize the satellite statutory license, to conform 

OCTOBER 28, 2009 

Reported with technical amendments, committed to the 

Union, and ordered to be printed Committee of the Whole House on the State of the 


pwalker on DSK8KYBLC1PROD with BILLS