I 

111TH CONGRESS 

1ST SESSION H. R. 3570 

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 

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. 

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, 


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1 the reference shall be considered to be made to such sec2 tion or provision of title 17, United States Code. 

3 SEC. 3. MODIFICATIONS TO STATUTORY LICENSE FOR SAT4 ELLITE CARRIERS. 

5 (a) HEADING RENAMED.— 

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

7 is amended by striking ‘‘superstations and net8 work stations for private home viewing’’ 

9 and inserting ‘‘distant television program10 ming by satellite’’. 

11 (2) TABLE OF CONTENTS.—The table of con12 tents for chapter I is amended by striking the item 

13 relating to section 119 and inserting the following: 

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

14 (b) UNSERVED HOUSEHOLD DEFINED.—Section 

15 119(d)(10) is amended— 

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

17 the following: 

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

19 conventional, stationary, outdoor rooftop receiv20 ing antenna, an over-the-air signal containing 

21 the primary video or qualified multicast video of 

22 a primary network station located in that 

23 household’s local market and affiliated with 

24 that network of— 


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1 ‘‘(i) if the signal originates as an ana2 log signal, Grade B intensity as defined by 

3 the Federal Communications Commission 

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

5 of Federal Regulations, as in effect on 

6 January 1, 1999; or 

7 ‘‘(ii) if the signal originates as a dig8 ital signal, intensity defined in the values 

9 for digital television noise-limited service 

10 contour, as defined in regulations issued by 

11 the Federal Communications Commission 

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

13 Federal Regulations, as such regulations 

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

15 (2) in subparagraph (B)— 

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

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

18 (B) by striking ‘‘Satellite Home Viewer 

19 Extension and Reauthorization Act of 2004’’ 

20 and inserting ‘‘Satellite Home Viewer Update 

21 and Reauthorization Act of 2009’’; 

22 (3) in subparagraph (D)— 

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

24 ‘‘(a)(11)’’; and 

25 (B) by striking ‘‘or’’; 


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

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

3 (5) by adding at the end the following new sub4 paragraph: 

5 ‘‘(F) is a subscriber who was lawfully re6 ceiving, by reason of subparagraph (A) of this 

7 paragraph, as in effect on the day before the 

8 date of the enactment of the Satellite Home 

9 Viewer Update and Reauthorization Act of 

10 2009, secondary transmissions of the primary 

11 transmission of a network station affiliated with 

12 that network.’’. 

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

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

15 after the semicolon at the end; 

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

17 and inserting ‘‘; and’’; and 

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

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

20 Register of Copyrights pursuant to section 

21 708(a).’’. 

22 (d) EMERGENCY MONITORING, PLANNING, OR RE23 SPONDING.—Section 119(a) is amended by adding at the 

24 end the following: 


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1 ‘‘(17) RETRANSMISSION FOR EMERGENCY

2 PREPARATION, RESPONSE, OR RECOVERY.— 

3 ‘‘(A) AUTHORITY.—The secondary trans4 mission by a satellite carrier of a performance 

5 or display of a work embodied in a primary 

6 transmission of a television broadcast station is 

7 not an infringement of copyright if such sec8 ondary transmission is made— 

9 ‘‘(i) to a Federal governmental body 

10 designated by the Secretary of Homeland 

11 Security or an organization established 

12 with the purpose of carrying out a system 

13 of national and international relief efforts 

14 and chartered under section 300101 of 

15 title 36; 

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

17 body or such organization as a part of the 

18 official duties or employment of such offi19 cers or employees; 

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

21 of Homeland Security; and 

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

23 for, responding to, or recovering from an 

24 emergency described under subparagraph 

25 (B). 


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1 ‘‘(B) EMERGENCIES.—An emergency is de2 scribed under this subparagraph if the Sec3 retary of Homeland Security identifies such 

4 emergency as a major disaster, a catastrophe, 

5 an act of terrorism, or a transportation security 

6 incident. 

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

8 months after the date of the enactment of this 

9 paragraph, the Secretary of Homeland Security 

10 shall issue regulations to protect copyright own11 ers by preventing the unauthorized access to 

12 the secondary transmissions described in sub13 paragraph (A). 

14 ‘‘(D) REPORTS TO CONGRESSIONAL COM15 MITTEES.—Not later than one year after the 

16 date of the enactment of this paragraph and by 

17 September 30 of each year thereafter, the Sec18 retary of Homeland Security shall submit a re19 port to the Committee on the Judiciary of the 

20 House of Representatives and the Committee 

21 on the Judiciary of the Senate describing— 

22 ‘‘(i) the manner in which the author23 ity granted under subparagraph (A) is 

24 being used; and 


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1 ‘‘(ii) any additional legislative rec2 ommendations the Secretary may have. 

3 ‘‘(E) DEFINITIONS.—As used in this para4 graph: 

5 ‘‘(i) TERRORISM.—The term ‘ter6 rorism’ has the meaning given that term in 

7 section 2(16) of the Homeland Security 

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

9 ‘‘(ii) TRANSPORTATION SECURITY IN10 CIDENT.—The term ‘transportation secu11 rity incident’ has the meaning given that 

12 term in section 70101 of title 46. 

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

14 shall take effect with respect to a secondary 

15 transmission described under subparagraph (A) 

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

17 beginning on the effective date of the regula18 tions issued by the Secretary of Homeland Se19 curity under subparagraph (C).’’. 

20 (e) LICENSE PROVIDED FOR CERTAIN NETWORKS OF

21 NONCOMMERCIAL EDUCATIONAL BROADCAST STA22 TIONS.—Section 119(a)(2)(C) is amended by adding at 

23 the end the following new clause: 

24 ‘‘(vi) NETWORKS OF NONCOMMERCIAL

25 EDUCATIONAL BROADCAST STATIONS.—In 


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1 the case of a system of three or more non2 commercial educational broadcast stations 

3 licensed by a single State, public agency, 

4 or political, educational, or special purpose 

5 subdivision of a State, the statutory license 

6 provided for in subparagraph (A) shall 

7 apply to the secondary transmission of the 

8 primary transmission of such system to 

9 any subscriber in any county within such 

10 State, if such subscriber is located in a 

11 designated market area that is not other12 wise eligible to receive the secondary trans13 mission of the primary transmission of 

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

15 (f) DEPOSIT OF STATEMENTS AND FEES; 

16 VERIFICATION PROCEDURES.—Section 119(b) is amend17 ed— 

18 (1) by amending the subsection heading to read 

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

20 FEES; VERIFICATION PROCEDURES.—’’; 

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

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

23 (3) by inserting after paragraph (1) the fol24 lowing: 


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1 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE

2 PAYMENTS.—The Register of Copyrights shall issue 

3 regulations to permit interested parties to verify and 

4 audit the statements of account and royalty fees 

5 submitted by satellite carriers under this sub6 section.’’; 

7 (4) in paragraph (3), as redesignated, by strik8 ing ‘‘paragraph (4)’’ and inserting ‘‘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 


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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 


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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)— 


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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.—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: 


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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.’’. 


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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: 


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

2 video’ means the single programming stream and as3 sociated data that received the highest aggregate 

4 viewership ratings of all programming streams of5 fered by that station as of the date of enactment of 

6 the Satellite Home Viewer Update and Reauthoriza7 tion Act of 2009, offered by a television broadcast 

8 station.’’. 

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

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

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

12 (i) SUPERSTATION REDESIGNATED AS NON-NET13 WORK STATION.—Section 119 is amended— 

14 (1) by striking ‘‘superstation’’ each place it ap15 pears in a heading and each place it appears in text 

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

17 (2) by striking ‘‘superstations’’ each place it ap18 pears in a heading and each place it appears in text 

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

20 (j) LOW POWER TELEVISION STATIONS.—Section 

21 119(a)(15) is amended to read as follows: 

22 ‘‘(15) SECONDARY TRANSMISSIONS OF LOW

23 POWER TELEVISION PROGRAMMING.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding para25 graph (2)(B), and subject to subparagraphs (B) 


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1 through (D) of this paragraph, the statutory li2 cense provided for in paragraph (1) shall apply 

3 to the secondary transmission by a satellite car4 rier of the primary transmission of the pro5 gramming of a non-network station that is li6 censed as a low power television station, to a 

7 subscriber who resides within the same des8 ignated market area as the station that origi9 nates the programming signal. 

10 ‘‘(B) NO APPLICABILITY TO REPEATERS

11 AND TRANSLATORS.—Secondary transmissions 

12 provided for in subparagraph (A) shall not 

13 apply to any low power television station that 

14 retransmits the programs and signals of an15 other television station for more than 2 hours 

16 each day. 

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

18 whose secondary transmission of the primary 

19 transmission of the programming of a low 

20 power television station is subject to statutory 

21 licensing under this section shall be subject to 

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

23 for any transmission to a subscriber outside of 

24 the local market of the low power television sta25 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 is amended by striking paragraph (3) and redesig13 nating paragraphs (4) through (17) as paragraphs 

14 (3) through (16), respectively. 

15 (2) CONFORMING AMENDMENTS.—Section 119 

16 is amended— 

17 (A) in subsection (a)— 

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

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

20 (7)’’; 

21 (ii) in paragraph (2)— 

22 (I) in subparagraph (A), by strik23 ing ‘‘paragraphs (5), (6), (7), and 

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

25 (5), (6), and (7)’’; 


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

2 striking the second sentence; and 

3 (III) in subparagraph (D), by 

4 striking clauses (i) and (ii) and insert5 ing the following: 

6 ‘‘(i) INITIAL LISTS.—A satellite car7 rier that makes secondary transmissions of 

8 a primary transmission made by a network 

9 station pursuant to subparagraph (A) 

10 shall, not later than 90 days after com11 mencing such secondary transmissions, 

12 submit to the network that owns or is af13 filiated with the network station a list 

14 identifying (by name and address, includ15 ing street or rural route number, city, 

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

17 to which the satellite carrier makes sec18 ondary transmissions of that primary 

19 transmission to subscribers in unserved 

20 households. 

21 ‘‘(ii) MONTHLY LISTS.—After the sub22 mission of the initial lists under clause (i), 

23 the satellite carrier shall, not later than 

24 the 15th of each month, submit to the net25 work a list identifying (by name and adVerDate Nov 24 2008 00:17 Sep 16, 2009 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.IH H3570

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1 dress, including street or rural route num2 ber, city, State, and 9-digit zip code) any 

3 persons who have been added or dropped 

4 as subscribers under clause (i) since the 

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

6 (iii) in paragraph (3)(E) (as redesig7 nated)— 

8 (I) by striking ‘‘under paragraph 

9 (3) or’’; and 

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

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

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

13 final sentence. 

14 (l) MODIFICATIONS TO PROVISIONS FOR SECONDARY

15 TRANSMISSIONS BY SATELLITE CARRIERS.— 

16 (1) PREDICTIVE MODEL.—Section 

17 119(a)(2)(B)(ii) is amended by adding at the end 

18 the following: 

19 ‘‘(III) ACCURATE PREDICTIVE

20 MODEL WITH RESPECT TO DIGITAL

21 SIGNALS.—Notwithstanding subclause 

22 (I), in determining presumptively 

23 whether a person resides in an 

24 unserved household under subsection 

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1 nals, a court shall rely on a predictive 

2 model set forth by the Federal Com3 munications Commission pursuant to 

4 a rulemaking as provided in section 

5 339(c)(3) of the Communications Act 

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

7 that model may be amended by the 

8 Commission over time under such sec9 tion to increase the accuracy of that 

10 model. Until such time as the Com11 mission sets forth such model, a court 

12 shall rely on the predictive model en13 dorsed by the Commission in FCC 

14 05–199, released December 9, 2005.’’. 

15 (2) MODIFICATIONS TO STATUTORY LICENSE

16 WHERE RETRANSMISSIONS INTO LOCAL MARKET

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

18 amended— 

19 (A) by striking ‘‘analog’’ each place it ap20 pears in a heading and text; and 

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

22 as follows: 

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

24 The statutory license under paragraph (2) shall 

25 not apply to the secondary transmission by a 


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1 satellite carrier of a primary transmission of a 

2 network station to a person who— 

3 ‘‘(i) is not a subscriber lawfully receiv4 ing such secondary transmission as of the 

5 date of the enactment of the Satellite 

6 Home Viewer Update and Reauthorization 

7 Act of 2009; or 

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

9 subscribe to receive such secondary trans10 mission, resides in a local market where 

11 the satellite carrier makes available to that 

12 person the secondary transmission of the 

13 primary transmission of a local network 

14 station affiliated with the same television 

15 network pursuant to the statutory license 

16 under section 122, and such secondary 

17 transmission of such primary transmission 

18 can reach such person.’’; 

19 (C) by striking subparagraphs (C) and 

20 (D); 

21 (D) by redesignating subparagraphs (E), 

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

23 (E), respectively; 


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

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

3 and 

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

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

6 (3) STATUTORY DAMAGES FOR TERRITORIAL

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

8 is amended— 

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

10 ‘‘$250’’; and 

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

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

13 (4) CLERICAL AMENDMENT.—Section 

14 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 

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

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

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

18 (n) CLERICAL AMENDMENTS.—Section 119 is 

19 amended— 

20 (1) by striking ‘‘of the Code of Federal Regula21 tions’’ each place it appears and inserting ‘‘, Code 

22 of Federal Regulations’’; and 

23 (2) in subsection (d)(6), by striking ‘‘or the Di24 rect’’ and inserting ‘‘, or the Direct’’. 


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1 SEC. 4. MODIFICATIONS TO STATUTORY LICENSE FOR SAT2 ELLITE CARRIERS IN LOCAL MARKETS. 

3 (a) HEADING RENAMED.— 

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

5 is amended by striking ‘‘by satellite carriers 

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

7 television programming by satellite’’. 

8 (2) TABLE OF CONTENTS.—The table of con9 tents for chapter I is amended by striking the item 

10 relating to section 122 and inserting the following: 

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

programming by satellite.’’. 

11 (b) STATUTORY LICENSE.—Section 122(a) is amend12 ed to read as follows: 

13 ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR14 KETS.— 

15 ‘‘(1) SECONDARY TRANSMISSIONS OF TELE16 VISION BROADCAST STATIONS WITHIN A LOCAL MAR17 KET.—A secondary transmission of a performance 

18 or display of a work embodied in a primary trans19 mission of a television broadcast station into the sta20 tion’s local market shall be subject to statutory li21 censing under this section if— 

22 ‘‘(A) the secondary transmission is made 

23 by a satellite carrier to the public; 


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1 ‘‘(B) with regard to secondary trans2 missions, the satellite carrier is in compliance 

3 with the rules, regulations, or authorizations of 

4 the Federal Communications Commission gov5 erning the carriage of television broadcast sta6 tion signals; and 

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

8 indirect charge for the secondary transmission 

9 to— 

10 ‘‘(i) each subscriber receiving the sec11 ondary transmission; or 

12 ‘‘(ii) a distributor that has contracted 

13 with the satellite carrier for direct or indi14 rect delivery of the secondary transmission 

15 to the public. 

16 ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 

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

18 under paragraph (1) shall apply to the sec19 ondary transmission of the primary trans20 mission of a network station or a non-network 

21 station to a subscriber who resides outside the 

22 station’s local market but within a community 

23 in which the signal has been determined by the 

24 Federal Communications Commission to be sig25 nificantly viewed in such community, pursuant 


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1 to the rules, regulations, and authorizations of 

2 the Federal Communications Commission in ef3 fect on April 15, 1976, applicable to deter4 mining with respect to a cable system whether 

5 signals are significantly viewed in a community. 

6 ‘‘(B) LIMITATION.—Subparagraph (A) 

7 shall apply only to secondary transmissions of 

8 the primary transmissions of network stations 

9 or non-network stations to subscribers who re10 ceive secondary transmissions from a satellite 

11 carrier pursuant to the statutory license under 

12 paragraph (1). 

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

14 the secondary transmission of the primary 

15 transmission of a network station or a non-net16 work station under subparagraph (B) may re17 quest a waiver from such denial by submitting 

18 a request, through the subscriber’s satellite car19 rier, to the network station or non-network sta20 tion in the local market affiliated with the same 

21 network or non-network where the subscriber is 

22 located. The network station or non-network 

23 station shall accept or reject the subscriber’s re24 quest for a waiver within 30 days after receipt 

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1 network station fails to accept or reject the sub2 scriber’s request for a waiver within that 30- 

3 day period, that network station or non-network 

4 station shall be deemed to agree to the waiver 

5 request. 

6 ‘‘(3) SECONDARY TRANSMISSION OF LOW

7 POWER PROGRAMMING.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graphs (B) through (D) of this paragraph, the 

10 statutory license provided under paragraph (1) 

11 shall apply to the secondary transmission by a 

12 satellite carrier of the primary transmission of 

13 a network station or a non-network station that 

14 is licensed as a low power television station, to 

15 a subscriber who resides within the same local 

16 market as the station that originates the trans17 mission. 

18 ‘‘(B) NO APPLICABILITY TO REPEATERS

19 AND TRANSLATORS.—Secondary transmissions 

20 by a satellite carrier provided for in subpara21 graph (A) shall not apply to any low power tele22 vision station that retransmits the programs 

23 and signals of another television station for 

24 more than 2 hours each day. 


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1 ‘‘(C) LIMITATION TO SUBSCRIBERS TAKING

2 LOCAL-INTO-LOCAL SERVICE.—Secondary trans3 missions by a satellite carrier provided for in 

4 subparagraph (A) may be made only to sub5 scribers who receive secondary transmissions of 

6 primary transmissions from that satellite car7 rier pursuant to the statutory license in para8 graph (1), and only in conformity with the re9 quirements under section 340(b) of the Com10 munications Act of 1934, as in effect on the 

11 date of the enactment of the Satellite Home 

12 Viewer Update and Reauthorization Act of 

13 2009. 

14 ‘‘(D) NO IMPACT ON OTHER SECONDARY

15 TRANSMISSIONS OBLIGATIONS.—A satellite car16 rier that makes secondary transmissions of a 

17 primary transmission of a low power television 

18 station under a statutory license provided under 

19 this section is not required, by reason of such 

20 secondary transmissions, to make any other sec21 ondary transmissions.’’. 

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

23 amended— 


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

2 list’’ and all that follows through the end and insert3 ing the following: ‘‘station— 

4 ‘‘(A) a list identifying (by name in alpha5 betical order and street address, including coun6 ty and 9-digit zip code) all subscribers to which 

7 the satellite carrier makes secondary trans8 missions of that primary transmission under 

9 subsection (a); and 

10 ‘‘(B) a separate list, aggregated by des11 ignated market area (by name and address, in12 cluding street or rural route number, city, 

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

14 those subscribers being served pursuant to sub15 section (a)(2), relating to significantly viewed 

16 stations.’’; and 

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

18 list’’ and all that follows through the end and insert19 ing the following: ‘‘network— 

20 ‘‘(A) a list identifying (by name in alpha21 betical order and street address, including coun22 ty and 9-digit zip code) any subscribers who 

23 have been added or dropped as subscribers 

24 since the last submission under this subsection; 

25 and 


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1 ‘‘(B) a separate list, aggregated by des2 ignated market area (by name and street ad3 dress, including street or rural route number, 

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

5 those subscribers whose service pursuant to 

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

7 viewed stations, has been added or dropped 

8 since the last submission under this sub9 section.’’. 

10 (d) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 

11 (1) MODIFICATION TO STATUTORY DAMAGES.—Sec12 tion 122(f) is amended— 

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

14 inserting ‘‘$250’’; and 

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

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

17 (2) CONFORMING AMENDMENT FOR SIGNIFICANTLY

18 VIEWED STATIONS.—Section 122 is amended— 

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

20 or’’ each place it appears and inserting the fol21 lowing: ‘‘section 119, subject to statutory licensing 

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

23 and 


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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 contracts’’ 

6 and inserting ‘‘that contracts’’; 

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

8 ‘‘(A) IN GENERAL.—The term ‘local mar9 ket’ means— 

10 ‘‘(i) in the case of a television broad11 cast station that is not a low power tele12 vision station, the designated market area 

13 in which such station is located, and— 

14 ‘‘(I) in the case of a commercial 

15 television broadcast station, all com16 mercial television broadcast stations 

17 licensed to a community within the 

18 same designated market area are 

19 within the same local market; and 

20 ‘‘(II) in the case of a non21 commercial educational television 

22 broadcast station, any station that is 

23 licensed to a community within the 

24 same designated market area as the 


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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 insert23 ing ‘‘NON-NETWORK STATION;’’ after ‘‘NETWORK

24 STATION;’’; and 


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

2 ‘‘ ‘network station’,’’; 

3 (4) by amending paragraph (4) to read as follows: 

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

5 means a person or entity that receives a secondary 

6 transmission service from a satellite carrier and pays 

7 a fee for the service, directly or indirectly, to the sat8 ellite carrier or to a distributor.’’; and 

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

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

11 term ‘‘low power television station’’ means a low 

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

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

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

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

16 low power television station that has been accorded 

17 primary status as a Class A television licensee under 

18 section 73.6001(a) of title 47, Code of Federal Reg19 ulations.’’. 

20 SEC. 5. MODIFICATIONS TO CABLE SYSTEM SECONDARY 

21 TRANSMISSION RIGHTS UNDER SECTION 111. 

22 (a) HEADING RENAMED.— 

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

24 is amended by inserting at the end the following: 

25 ‘‘of television programming by cable’’. 


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1 (2) TABLE OF CONTENTS.—The table of con2 tents for chapter I is amended by striking the item 

3 relating to section 111 and inserting the following: 

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

4 (b) NATIONAL EMERGENCY MONITORING EXEMP5 TION.—Section 111 is amended— 

6 (1) in subsection (a)— 

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

8 and inserting ‘‘or section 122;’’; 

9 (B) in paragraph (5), by striking the pe10 riod and inserting ‘‘; or’’; and 

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

12 paragraph: 

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

14 cable system for emergency preparation, response, or 

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

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(g) RETRANSMISSION FOR EMERGENCY PREPARA19 TION, RESPONSE, OR RECOVERY.— 

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

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

22 of a performance or display of a work embodied in 

23 a primary transmission by a television broadcast staVerDate Nov 24 2008 00:17 Sep 16, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.IH H3570

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1 tion is made for emergency preparation, response, or 

2 recovery if such transmission is made— 

3 ‘‘(A) by a cable system to a Federal gov4 ernmental body designated by the Secretary of 

5 Homeland Security or an organization estab6 lished with the purpose of carrying out a sys7 tem of national and international relief efforts 

8 and chartered under section 300101 of title 36; 

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

10 or such organization as a part of the official du11 ties or employment of such officers or employ12 ees; 

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

14 Homeland Security; and 

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

16 responding to, or recovering from an emergency 

17 described under paragraph (2). 

18 ‘‘(2) EMERGENCIES.—An emergency is de19 scribed under this paragraph if the Secretary of 

20 Homeland Security identifies such emergency as a 

21 major disaster, a catastrophe, an act of terrorism, or 

22 a transportation security incident. 

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

24 after the date of the enactment of this subsection, 

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1 lations to protect copyright owners by preventing the 

2 unauthorized access to the secondary transmissions 

3 described in paragraph (1). 

4 ‘‘(4) REPORTS TO CONGRESSIONAL COMMIT5 TEES.—Not later than one year after the date of the 

6 enactment of this subsection and by September 30 

7 of each year thereafter, the Secretary of Homeland 

8 Security shall submit a report to the Committee on 

9 the Judiciary of the House of Representatives and 

10 the Committee on the Judiciary of the Senate de11 scribing— 

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

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

14 ‘‘(B) any additional legislative rec15 ommendations the Secretary may have. 

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

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

18 has the meaning given that term in section 

19 2(16) of the Homeland Security Act of 2002 (6 

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

21 ‘‘(B) TRANSPORTATION SECURITY INCI22 DENT.—The term ‘transportation security inci23 dent’ has the meaning given that term in sec24 tion 70101 of title 46. 


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

2 take effect with respect to a secondary transmission 

3 described under paragraph (1) that is made after 

4 the end of the 30-day period beginning on the effec5 tive date of the regulations issued by the Secretary 

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

7 (c) STATUTORY LICENSE FOR SECONDARY TRANS8 MISSIONS BY CABLE SYSTEMS.—Section 111(d) is amend9 ed— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A)— 

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

14 secondary’’ and inserting the following: 

15 ‘‘STATEMENT OF ACCOUNT AND ROYALTY

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

17 and 

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

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

20 (B) in subparagraph (A)— 

21 (i) by striking ‘‘a statement of ac22 count’’ and inserting ‘‘A statement of ac23 count’’; and 

24 (ii) by striking ‘‘;and’’ and inserting a 

25 period; and 


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

2 and (D), and inserting the following: 

3 ‘‘(B) A total royalty fee for the period cov4 ered by the statement, computed on the basis of 

5 specified percentages of the gross receipts from 

6 subscribers to the cable service during such pe7 riod for the basic service of providing secondary 

8 transmissions of primary broadcast transmit9 ters, as follows: 

10 ‘‘(i) 1.064 percent for the privilege of 

11 further transmitting, beyond the local serv12 ice area of such primary transmitter, any 

13 non-network programming of a primary 

14 transmitter in whole or in part, such 

15 amount to be applied against the fee, if 

16 any, payable pursuant to clauses (ii) 

17 through (iv); 

18 ‘‘(ii) 1.064 percent of such gross re19 ceipts for the first distant signal equiva20 lent; 

21 ‘‘(iii) 0.701 percent of such gross re22 ceipts for each of the second, third, and 

23 fourth distant signal equivalents; and 

24 ‘‘(iv) 0.330 percent of such gross re25 ceipts for the fifth distant signal equivalent 


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1 and each distant signal equivalent there2 after. 

3 ‘‘(C) In computing amounts under clauses 

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

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

6 equivalent shall be computed at its frac7 tional value; 

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

9 located partly within and partly outside of 

10 the local service area of a primary trans11 mitter, gross receipts shall be limited to 

12 those gross receipts derived from sub13 scribers located outside of the local service 

14 area of such primary transmitter; and 

15 ‘‘(iii) if a cable system provides a sec16 ondary transmission of a primary trans17 mitter to some but not all communities 

18 served by that cable system— 

19 ‘‘(I) the gross receipts and the 

20 distant signal equivalent values for 

21 such secondary transmission shall be 

22 derived solely on the basis of the sub23 scribers in those communities where 

24 the cable system provides such sec25 ondary transmission; and 


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

2 period paid by such system shall not 

3 be less than the royalty fee calculated 

4 under subparagraph (B)(i) multiplied 

5 by the gross receipts from all sub6 scribers to the system. 

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

8 submitted before the date of the enactment of 

9 the Satellite Home Viewer Update and Reau10 thorization Act of 2009, computed its royalty 

11 fee consistent with the methodology under this 

12 paragraph or that amends a statement filed be13 fore such date of enactment to compute the roy14 alty fee due using such methodology shall not 

15 be subject to an action for infringement, or eli16 gible for any royalty refund, arising out of its 

17 use of such methodology on such statement. 

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

19 subscribers to a cable system for the period cov20 ered by the statement for the basic service of 

21 providing secondary transmissions of primary 

22 broadcast transmitters total $263,800 or less— 

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

24 for the purpose of this paragraph shall be 

25 computed by subtracting from such actual 


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1 gross receipts the amount by which 

2 $263,800 exceeds such actual gross re3 ceipts, except that in no case shall a cable 

4 system’s gross receipts be reduced to less 

5 than $10,400; and 

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

7 paragraph shall be 0.5 percent, regardless 

8 of the number of distant signal equiva9 lents, if any. 

10 ‘‘(F) 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 are more than $263,800 

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

16 under this paragraph shall be— 

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

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

19 of distant signal equivalents, if any; and 

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

21 excess of $263,800, but less than 

22 $527,600, regardless of the number of dis23 tant signal equivalents, if any. 


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

2 Register of Copyrights pursuant to section 

3 708(a).’’; 

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

5 of Copyrights’’ and inserting the following: ‘‘HAN6 DLING OF FEES.—The Register of Copyrights’’; 

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’’ and inserting 

21 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


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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 

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1 cordance with this subsection shall be deemed to 

2 have been deposited for the particular accounting pe3 riod during which they are received and shall be dis4 tributed as specified under this subsection.’’. 

5 (d) DEFINITIONS.—Section 111(f) is amended— 

6 (1) in the first undesignated paragraph, by 

7 striking ‘‘A ‘primary transmission’ is a trans8 mission’’ and inserting the following: 

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

10 transmission’ is a transmission, including a 

11 multicast transmission,’’; 

12 (2) in the second undesignated paragraph— 

13 (A) by striking ‘‘A ‘secondary trans14 mission’ ’’ and inserting the following: 

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

16 transmission’ ’’; and 

17 (B) by striking ‘‘ ‘cable system’ ’’ and in18 serting ‘‘cable system’’; 

19 (3) in the third undesignated paragraph— 

20 (A) by striking ‘‘A ‘cable system’ ’’ and in21 serting the following: 

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

23 (B) by striking ‘‘Territory, Trust Terri24 tory, or Possession’’ and inserting ‘‘territory, 


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1 trust territory, or possession of the United 

2 States’’; 

3 (4) in the fourth undesignated paragraph— 

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

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

6 and inserting the following: 

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

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

9 transmitter’ ’’; 

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

11 Code of Federal Regulations’’ and inserting the 

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

13 Regulations, or within the noise-limited contour 

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

15 Federal Regulations’’; and 

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

17 and regulations of the Federal Communications 

18 Commission,’’; 

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

21 ‘‘(5) DISTANT SIGNAL EQUIVALENT.— 

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

23 under subparagraph (B), a ‘distant signal 

24 equivalent’— 


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

3 television programming carried by a cable 

4 system in whole or in part beyond the local 

5 service area of the primary transmitter of 

6 such programming; and 

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

8 of one to each channel or digital steam 

9 carrying independent television program10 ming, and a value of one-quarter to each 

11 channel or digital stream carrying network 

12 television programming or noncommercial 

13 educational television programming trans14 mitted by a television broadcast station 

15 pursuant to the rules, regulations, and au16 thorizations of the Federal Communica17 tions Commission. 

18 ‘‘(B) EXCEPTIONS.—The values for inde19 pendent, network, and noncommercial edu20 cational programming specified in subparagraph 

21 (A) are subject to the following: 

22 ‘‘(i) Where the rules and regulations 

23 of the Federal Communications Commis24 sion require a cable system to omit the fur25 ther transmission of a particular program 


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1 and such rules and regulations also permit 

2 the substitution of another program em3 bodying a performance or display of a 

4 work in place of the omitted transmission, 

5 or where such rules and regulations in ef6 fect on the date of enactment of the Copy7 right Act of 1976 permit a cable system, 

8 at its election, to effect such omission and 

9 substitution of a nonlive program or to 

10 carry additional programs not transmitted 

11 by primary transmitters within whose local 

12 service area the cable system is located, no 

13 value shall be assigned for the substituted 

14 or additional program. 

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

16 authorizations of the Federal Communica17 tions Commission in effect on the date of 

18 enactment of the Copyright Act of 1976 

19 permit a cable system, at its election, to 

20 omit the further transmission of a par21 ticular program and such rules, regula22 tions, or authorizations also permit the 

23 substitution of another program embodying 

24 a performance or display of a work in 

25 place of the omitted transmission, the 


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1 value assigned for the substituted or addi2 tional program shall be, in the case of a 

3 live program, the value of one full distant 

4 signal equivalent multiplied by a fraction 

5 that has as its numerator the number of 

6 days in the year in which such substitution 

7 occurs and as its denominator the number 

8 of days in the year. 

9 ‘‘(iii) In the case of a channel or dig10 ital stream carried pursuant to the late11 night or specialty programming rules of 

12 the Federal Communications Commission, 

13 or a channel or digital stream carried on a 

14 part-time basis where full-time carriage is 

15 not possible because the cable system lacks 

16 the activated channel capacity to re17 transmit on a full-time basis all signals 

18 that it is authorized to carry, the values 

19 for independent, network, and noncommer20 cial educational programming set forth in 

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

22 shall be multiplied by a fraction that is 

23 equal to the ratio of the broadcast hours of 

24 such channel or digital stream carried by 


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1 the cable system to the total broadcast 

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

3 (6) in the sixth undesignated paragraph— 

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

5 inserting the following: 

6 ‘‘(6) NETWORK STATION.— 

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

8 and 

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

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

11 ‘network television programming’ means pro12 gramming that is transmitted by a network sta13 tion.’’; 

14 (7) by striking the seventh undesignated para15 graph and inserting the following: 

16 ‘‘(7) INDEPENDENT STATION.— 

17 ‘‘(A) IN GENERAL.—An ‘independent sta18 tion’ is a commercial television broadcast sta19 tion other than a network station. 

20 ‘‘(B) INDEPENDENT PROGRAMMING.—The 

21 term ‘independent television programming’ 

22 means all programming other than ‘network tel23 evision programming’ or ‘noncommercial edu24 cational television programming’.’’; 


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1 (8) by striking the eighth undesignated para2 graph and inserting the following: 

3 ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA4 TION.— 

5 ‘‘(A) IN GENERAL.—A ‘noncommercial 

6 educational station’ is a television or radio 

7 broadcast station that— 

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

9 the Federal Communications Commission 

10 in effect on November 2, 1978, is eligible 

11 to be licensed by the Federal Communica12 tions Commission as a noncommercial edu13 cational radio or television broadcast sta14 tion and that is owned and operated by a 

15 public agency or nonprofit private founda16 tion, corporation, or association; or 

17 ‘‘(ii) is owned and operated by a mu18 nicipality and that transmits only non19 commercial programs for education pur20 poses. 

21 ‘‘(B) NONCOMMERCIAL EDUCATIONAL PRO22 GRAMMING.—The term ‘noncommercial edu23 cational television programming’ means pro24 gramming that is transmitted by a noncommer25 cial educational station.’’; and 


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

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

3 transmission’ is a transmission by a television sta4 tion that contains more than one channel or digital 

5 stream, each containing its own distinct program6 ming. 

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

8 means a person or entity that receives a secondary 

9 transmission service from a cable system and pays 

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

11 cable system.’’. 

12 (e) TIMING OF SECTION 111 PROCEEDINGS.—Sec13 tion 804(b)(1) is amended by striking ‘‘2005’’ each place 

14 it appears and inserting ‘‘2015’’. 

15 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) CORRECTIONS TO FIX LEVEL DESIGNA17 TIONS.—Section 111 is amended— 

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

19 striking ‘‘clause’’ each place it appears and in20 serting ‘‘paragraph’’; 

21 (B) in subsection (c), by striking ‘‘clauses’’ 

22 and inserting ‘‘paragraphs’’; and 

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

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

25 ‘‘subparagraph’’. 


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1 (2) CONFORMING AMENDMENT TO HYPHENATE

2 NONNETWORK.—Section 111 is amended by striking 

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

4 ‘‘non-network’’. 

5 (3) PREVIOUSLY UNDESIGNATED PARA6 GRAPH.—Section 111(e)(1) is amended by striking 

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

8 ‘‘subsection (f)(2)’’. 

9 (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec10 tion 111(e) is amended— 

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

12 at the end; 

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

14 ‘‘and’’ at the end; 

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

16 at the end; 

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

18 ‘‘and’’ at the end; and 

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

20 at the end; 

21 (5) REMOVAL OF VARIANT FORMS REF22 ERENCES.—Section 111 is amended— 

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

24 each of its variant forms,’’; and 


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

2 their variant forms’’. 

3 (6) CORRECTION TO TERRITORY REFERENCE.— 

4 Section 111(e)(2) is amended in the matter pre5 ceding subparagraph (A) by striking ‘‘three terri6 tories’’ and inserting ‘‘five entities’’. 

7 SEC. 6. CERTAIN WAIVERS GRANTED TO PROVIDERS OF 

8 LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS. 

9 Section 119 is amended by adding at the end the fol10 lowing new subsection: 

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

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

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

14 an injunction pursuant to subsection (a)(7)(B) be15 fore the date of the enactment of this subsection 

16 shall waive such injunction if the court recognizes 

17 the entity against which the injunction was issued as 

18 a qualified carrier. 

19 ‘‘(2) LIMITED TEMPORARY WAIVER.— 

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

21 by a satellite carrier, a court that issued an in22 junction against such carrier under subsection 

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

24 this subsection shall waive such injunction with 

25 respect to the statutory license provided under 


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

2 allow such carrier to retransmit distant network 

3 signals to unserved households located in short 

4 markets in which such carrier was not pro5 viding local service pursuant to the license 

6 under section 122 as of December 31, 2009. 

7 ‘‘(B) EXPIRATION OF TEMPORARY WAIV8 ER.—A temporary waiver of an injunction 

9 under subparagraph (A) shall expire after the 

10 end of the 120-day period beginning on the 

11 date such temporary waiver is made unless ex12 tended for good cause by the court making the 

13 temporary waiver. 

14 ‘‘(C) FAILURE TO MAKE GOOD FAITH EF15 FORT TO PROVIDE LOCAL-INTO-LOCAL SERVICE

16 TO ALL DMAS.— 

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

18 making a temporary waiver under subpara19 graph (A) determines that the satellite car20 rier that made the request for such waiver 

21 has failed to make a good faith effort to 

22 provide local-into-local service to all DMAs 

23 and determines that such failure was will24 ful, such failure— 


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1 ‘‘(I) is actionable as an act of in2 fringement under section 501 and the 

3 court may in its discretion impose the 

4 remedies provided for in section 502 

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

6 of this section; and 

7 ‘‘(II) shall result in the termi8 nation of the waiver provided under 

9 subparagraph (A). 

10 ‘‘(ii) NONWILLFUL FAILURE.—If the 

11 court making a temporary waiver under 

12 subparagraph (A) determines that the sat13 ellite carrier that made the request for 

14 such waiver has failed to make a good 

15 faith effort to provide local-into-local serv16 ice to all DMAs and determines that such 

17 failure was nonwillful, the court may in its 

18 discretion impose financial penalties that 

19 reflect— 

20 ‘‘(I) the degree of control the 

21 carrier had over the circumstances 

22 that resulted in the failure; 

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

24 efforts to remedy the failure; and 


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1 ‘‘(III) the severity and duration 

2 of the service interruption. 

3 ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL4 ABLE.—An entity may only receive one tem5 porary waiver under this paragraph. 

6 ‘‘(E) SHORT MARKET DEFINED.—For pur7 poses of this paragraph, the term ‘short mar8 ket’ means a local market in which program9 ming of one or more of the four most widely 

10 viewed television networks nationwide as meas11 ured on the date of enactment of this sub12 section is not offered on the primary signal of 

13 any local television broadcast station. 

14 ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER

15 RECOGNITION.— 

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

17 entity seeking to be recognized as a qualified 

18 carrier under this subsection shall file a state19 ment of eligibility with the court that imposed 

20 the injunction. A statement of eligibility must 

21 include— 

22 ‘‘(i) an affidavit that the entity is pro23 viding local-into-local service to all DMAs; 

24 ‘‘(ii) a request for a waiver of the in25 junction; and 


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1 ‘‘(iii) a certification issued pursuant 

2 to section øX¿ of øE&C Act¿. 

3 ‘‘(B) GRANT OF RECOGNITION AS A QUALI4 FIED CARRIER.—Upon receipt of a statement of 

5 eligibility, the court shall recognize the entity as 

6 a qualified carrier and issue the waiver under 

7 paragraph (1). 

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

9 time, an entity recognized as a qualified carrier 

10 may file a statement of voluntary termination 

11 with the court certifying that it no longer wish12 es to be recognized as a qualified carrier. Upon 

13 receipt of such statement, the court shall rein14 state the injunction waived under paragraph 

15 (1). 

16 ‘‘(D) LOSS OF RECOGNITION PREVENTS

17 FUTURE RECOGNITION.—No entity may be rec18 ognized as a qualified carrier if such entity had 

19 previously been recognized as a qualified carrier 

20 and subsequently lost such recognition or volun21 tarily terminated such recognition under sub22 paragraph (C). 

23 ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND

24 COMPLIANCE.— 


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

2 as a qualified carrier shall continue to provide 

3 local-into-local service to all DMAs. 

4 ‘‘(B) COMPLIANCE DETERMINATION.— 

5 Upon the motion of an aggrieved television 

6 broadcast station, the court recognizing an enti7 ty as a qualified carrier may make a determina8 tion of whether the entity is providing local9 into-local service to all DMAs. 

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

11 motion brought under subparagraph (B), the 

12 party making such motion shall specify one or 

13 more designated market areas (as such term is 

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

15 failure to provide service is being alleged, and, 

16 for each such designated market area, shall 

17 plead with particularity the circumstances of 

18 the alleged failure. 

19 ‘‘(D) BURDEN OF PROOF.—In any pro20 ceeding to make a determination under sub21 paragraph (B), and with respect to a des22 ignated market area for which failure to provide 

23 service is alleged, the entity recognized as a 

24 qualified carrier shall have the burden of prov25 ing that the entity provided local-into-local servVerDate Nov 24 2008 00:17 Sep 16, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3570.IH H3570

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1 ice with a good quality satellite signal to 90 

2 percent of the households in such designated 

3 market area at the time and place alleged. 

4 ‘‘(5) FAILURE TO PROVIDE SERVICE.— 

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

6 an entity as a qualified carrier finds that such 

7 entity has willfully failed to provide local-into8 local service to all DMAs, such finding shall re9 sult in the loss of recognition of the entity as 

10 a qualified carrier and the termination of the 

11 waiver provided under paragraph (1), and the 

12 court may, in its discretion— 

13 ‘‘(i) treat such failure as an act of in14 fringement under section 501, and subject 

15 such infringement to the remedies provided 

16 for in sections 502 through 506 and sub17 section (a)(6)(B) of this section; and 

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

19 $250,000. 

20 ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA21 TION.—If the court determines that the failure 

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

23 nonwillful, the court may in its discretion im24 pose financial penalties for noncompliance that 

25 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 to exceed 

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 90 percent of the 

7 households in a designated market area based 

8 on the most recent census data shall be consid9 ered to be providing local service to such des10 ignated market area. 

11 ‘‘(C) GOOD QUALITY SATELLITE SIGNAL

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

13 the meaning given such term under section øX¿ 

14 of øE&C Act¿.’’. 

15 SEC. 7. TERMINATION OF LICENSE. 

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

17 be effective on December 31, 2014. 

Æ 


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