SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Satellite Home Viewer 
Reauthorization Act of 2009’’. 
TITLE I—STATUTORY LICENSES 
SEC. 101. REFERENCE. 
Except as otherwise provided, whenever in this title 
an amendment is made to a section or other provision, 
the reference shall be considered to be made to such sec-
tion or provision of title 17, United States Code. 
SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 
SATELLITE CARRIERS. 
(a) HEADING RENAMED.— 
(1) IN GENERAL.—The heading of section 119 
is amended by striking ‘‘superstations and net-
work stations for private home viewing’’ 
and inserting ‘‘distant television program-
ming by satellite’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for chapter 1 is amended by striking the item 
relating to section 119 and inserting the following: 
‘‘119. Limitations on exclusive rights: Secondary transmissions of distant tele-
vision programming by satellite.’’. 
(b) UNSERVED
HOUSEHOLD
DEFINED.—Section 
119(d)(10) is amended— 
(1) by striking subparagraph (A) and inserting 
the following:
‘‘(A) cannot receive, through the use of a 
conventional, stationary, outdoor rooftop receiv-
ing antenna, an over-the-air signal containing 
the primary stream, or, on or after January 1, 
2013, the multicast stream, originating in that 
household’s local market and affiliated with 
that network of— 
‘‘(i) if the signal originates as an ana-
log signal, Grade B intensity as defined by 
the Federal Communications Commission 
in section 73.683(a) of title 47, Code of 
Federal Regulations, as in effect on Janu-
ary 1, 1999; or 
‘‘(ii) if the signal originates as a dig-
ital signal, intensity defined in the values 
for digital television noise-limited service 
contour, as defined in regulations issued by 
the Federal Communications Commission 
(section 73.622(e) of title 47, Code of Fed-
eral Regulations), as such regulations may 
be amended from time to time;’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘subsection (a)(14)’’ and 
inserting ‘‘subsection (a)(13),’’; and
(B) by striking ‘‘Satellite Home Viewer 
Extension and Reauthorization Act of 2004’’ 
and inserting ‘‘Satellite Home Viewer Reau-
thorization Act of 2009’’; and 
(3) in subparagraph (D), by striking ‘‘(a)(12)’’ 
and inserting ‘‘(a)(11)’’. 
(c) FILING FEE.—Section 119(b)(1) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon at the end; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) a filing fee, as determined by the 
Register of Copyrights pursuant to section 
708(a).’’. 
(d) EMERGENCY MONITORING, PLANNING, OR RE-
SPONDING.—Section 119(a) is amended by adding at the 
end the following: 
‘‘(17) 
RETRANSMISSION
FOR
EMERGENCY 
PREPARATION, RESPONSE, OR RECOVERY.— 
‘‘(A) AUTHORITY.—The secondary trans-
mission by a satellite carrier of a performance 
or display of a work embodied in a primary 
transmission of a television broadcast station is
not an infringement of copyright if such sec-
ondary transmission is made— 
‘‘(i) to a Federal governmental body 
designated by the Office of Emergency 
Communications, in coordination with the 
Federal Communications Commission, or 
an organization established with the pur-
pose of carrying out a system of national 
and international relief efforts and char-
tered under section 300101 of title 36; 
‘‘(ii) to officers or employees of such 
body or such organization as a part of the 
official duties or employment of such offi-
cers or employees; 
‘‘(iii) at the request of the Secretary 
of Homeland Security; and 
‘‘(iv) for the sole purpose of preparing 
for, responding to, or recovering from an 
emergency described under subparagraph 
(B). 
‘‘(B) EMERGENCIES.—An emergency is de-
scribed under this subparagraph if the Sec-
retary of Homeland Security identifies such 
emergency as a major disaster, a catastrophic
incident, an act of terrorism, or a transpor-
tation security incident. 
‘‘(C) REGULATIONS.—Not later than 6 
months after the date of the enactment of this 
paragraph, the Secretary of Homeland Security, 
in coordination with the Federal Communica-
tions Commission, the National Telecommuni-
cations and Information Administration, and 
the Register of Copyrights, shall issue regula-
tions to protect copyright owners by preventing 
the unauthorized access to the secondary trans-
missions described in subparagraph (A). 
‘‘(D) REPORTS TO CONGRESSIONAL COM-
MITTEES.—Not later than one year after the 
date of the enactment of this paragraph and by 
September 30 of each year thereafter, the Sec-
retary of Homeland Security, acting through 
the Office of Emergency Communications, shall 
submit a report to the Committees on the Judi-
ciary, on Homeland Security, and on Energy 
and Commerce of the House of Representatives 
and the Committees on the Judiciary, on 
Homeland Security, and on Commerce, Science, 
and Transportation of the Senate describing—
‘‘(i) the manner in which the author-
ity granted under subparagraph (A) is 
being used, including to whom and for 
what purposes the secondary transmissions 
are being provided; and 
‘‘(ii) any additional legislative rec-
ommendations the Secretary may have. 
‘‘(E) DEFINITIONS.—As used in this para-
graph: 
‘‘(i) TERRORISM.—The term ‘ter-
rorism’ has the meaning given that term in 
section 2(16) of the Homeland Security 
Act of 2002 (6 U.S.C. 101(16)). 
‘‘(ii) TRANSPORTATION SECURITY IN-
CIDENT.—The term ‘transportation secu-
rity incident’ has the meaning given that 
term in section 70101 of title 46. 
‘‘(iii) CATASTROPHIC INCIDENT.—The 
term ‘catastrophic incident’ means any 
natural disaster, act of terrorism, or other 
man-made disaster that results in extraor-
dinary levels of casualties or damage or 
disruption severely affecting the population 
(including mass evacuations), infrastruc-
ture, the environment, the economy, na-
tional morale, or government functions in a 
geographic area. 
‘‘(F) EFFECTIVE DATE.—This paragraph 
shall apply with respect to secondary trans-
missions described under subparagraph (A) that 
are made after the end of the 30-day period be-
ginning on the effective date of the regulations 
issued by the Secretary of Homeland Security 
under subparagraph (C).’’. 
(e) LICENSE PROVIDED FOR CERTAIN NETWORKS OF 
NONCOMMERCIAL
EDUCATIONAL
BROADCAST
STA-
TIONS.—Section 119(a)(2)(C) is amended by adding at 
the end the following new clause: 
‘‘(vi) NETWORKS OF NONCOMMERCIAL 
EDUCATIONAL BROADCAST STATIONS.—In 
the case of a system of three or more non-
commercial educational broadcast stations 
licensed by a single State, public agency, 
or political, educational, or special purpose 
subdivision of a State, the statutory license 
provided for in subparagraph (A) shall 
apply to the secondary transmission of the 
primary transmission of such system to 
any subscriber in any county within such 
State, if such subscriber is located in a
designated market area that is not other-
wise eligible to receive the secondary trans-
mission of the primary transmission of a 
noncommercial educational broadcast sta-
tion located with the State pursuant to 
section 122(a).’’. 
(f) 
DEPOSIT
OF
STATEMENTS
AND
FEES; 
VERIFICATION PROCEDURES.—Section 119(b) is amend-
ed— 
(1) by amending the subsection heading to read 
as follows: ‘‘(b) DEPOSIT
OF STATEMENTS
AND 
FEES; VERIFICATION PROCEDURES.—’’; 
(2) in paragraph (1), by striking subparagraph 
(B) and inserting the following: 
‘‘(B) a royalty fee payable to copyright 
owners pursuant to paragraph (4) for that 6 
month period, computed by multiplying the 
total number of subscribers receiving each sec-
ondary transmission of a primary or multicast 
stream of each non-network station or network 
station during each calendar year month by the 
appropriate rate in effect under this sub-
section’’. 
(3) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively;
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) VERIFICATION
OF
ACCOUNTS
AND
FEE 
PAYMENTS.—The Register of Copyrights shall issue 
regulations to permit interested parties to verify and 
audit the statements of account and royalty fees 
submitted by satellite carriers under this sub-
section.’’; 
(5) in paragraph (3), as redesignated, in the 
first sentence— 
(A) by inserting ‘‘(including the filing fee 
specified in paragraph (1)(C))’’ after ‘‘shall re-
ceive all fees’’; and 
(B) by striking ‘‘paragraph (4)’’ and in-
serting ‘‘paragraph (5)’’; 
(6) in paragraph (4), as redesignated— 
(A) by striking ‘‘paragraph (2)’’ and in-
serting ‘‘paragraph (3)’’; and 
(B) by striking ‘‘paragraph (4)’’ each place 
it appears and inserting ‘‘paragraph (5)’’; and 
(7) in paragraph (5), as redesignated, by strik-
ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 
(g) ADJUSTMENT
OF
ROYALTY
FEES.—Section 
119(c) is amended as follows: 
(1) Paragraph (1) is amended—
(A) in the heading for such paragraph, by 
striking ‘‘ANALOG’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘primary analog trans-
missions’’ and inserting ‘‘primary trans-
missions’’; and 
(ii) by striking ‘‘July 1, 2004’’ and in-
serting ‘‘July 1, 2009’’; 
(C) in subparagraph (B)— 
(i) by striking ‘‘January 2, 2005, the 
Librarian of Congress’’ and inserting 
‘‘January 4, 2010, the Copyright Royalty 
Judges’’; and 
(ii) by striking ‘‘primary analog trans-
mission’’ and inserting ‘‘primary trans-
missions’’; 
(D) in subparagraph (C), by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Copyright 
Royalty Judges’’; 
(E) in subparagraph (D)— 
(i) in clause (i)— 
(I) by striking ‘‘(i) Voluntary 
agreements’’ and inserting the fol-
lowing:
‘‘(i) VOLUNTARY
AGREEMENTS; FIL-
ING.—Voluntary agreements’’; and 
(II) by striking ‘‘that a parties’’ 
and inserting ‘‘that are parties’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘(ii)(I) Within’’ 
and inserting the following: 
‘‘(ii) PROCEDURE FOR ADOPTION OF 
FEES.— 
‘‘(I) PUBLICATION OF NOTICE.— 
Within’’; 
(II) in subclause (I), by striking 
‘‘an arbitration proceeding pursuant 
to subparagraph (E)’’ and inserting 
‘‘a proceeding under subparagraph 
(F)’’; 
(III) in subclause (II), by strik-
ing ‘‘(II) Upon receiving a request 
under subclause (I), the Librarian of 
Congress’’ and inserting the following: 
‘‘(II) 
PUBLIC
NOTICE
OF 
FEES.—Upon 
receiving 
a 
request 
under subclause (I), the Copyright 
Royalty Judges’’; and 
(IV) in subclause (III)—