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 re-
ferred 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] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Satellite Home Viewer 
Update and Reauthorization Act of 2009’’. 
SEC. 2. REFERENCE. 
Except as otherwise provided, whenever in this Act 
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. 3. MODIFICATIONS TO STATUTORY LICENSE FOR SAT-
ELLITE 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 I 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— 
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(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 video or qualified multicast video of 
a primary network station located 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 
under section 73.683(a) of title 47, Code 
of Federal Regulations, as in effect on 
January 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 
under section 73.622(e) of title 47, Code of 
Federal Regulations, as such regulations 
may be amended from time to time;’’; 
(2) in subparagraph (B)— 
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(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 Update 
and Reauthorization Act of 2009’’; 
(3) in subparagraph (D)— 
(A) by striking ‘‘(a)(12)’’ and inserting 
‘‘(a)(11)’’; and 
(B) by striking ‘‘or’’; 
(4) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; or’’; and 
(5) by adding at the end the following new sub-
paragraph: 
‘‘(F) is a subscriber who was lawfully re-
ceiving, by reason of subparagraph (A) of this 
paragraph, as in effect on the day before the 
date of the enactment of the Satellite Home 
Viewer Update and Reauthorization Act of 
2009, secondary transmissions of the primary 
transmission of a network station affiliated with 
that network.’’. 
(c) FILING FEE.—Section 119(b)(1) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon at the end; 
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(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 Secretary of Homeland 
Security or an organization established 
with the purpose of carrying out a system 
of national and international relief efforts 
and chartered under section 300101 of 
title 36; 
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‘‘(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 catastrophe 
catastrophic incident, an act of terrorism, or a 
transportation security incident. 
‘‘(C) REGULATIONS.—Not later than 6 
months after the date of the enactment of this 
paragraph, the Secretary of Homeland Security 
shall issue regulations to protect copyright own-
ers by preventing the unauthorized access to 
the secondary transmissions described in sub-
paragraph (A). 
‘‘(D) REPORTS TO CONGRESSIONAL COM-
MITTEES.—Not later than one year after the 
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date of the enactment of this paragraph and by 
September 30 of each year thereafter, the Sec-
retary of Homeland Security shall submit a re-
port to the Committee on the Judiciary and the 
Committee on Homeland Security of the House 
of Representatives and the Committee on the 
Judiciary of the Senate describing— 
‘‘(i) the manner in which the author-
ity granted under subparagraph (A) is 
being used; 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 nat-
ural disaster, act of terrorism, or other 
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man-made disaster that results in extraor-
dinary levels of casualties or damage or dis-
ruption 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 take effect with respect to a secondary 
transmission described under subparagraph (A) 
that is made after the end of the 30-day period 
beginning on the effective date of the regula-
tions issued by the Secretary of Homeland Se-
curity 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 to a single State, public agen-
cy, or political, educational, or special pur-
pose subdivision of a State, the statutory 
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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 
such system 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) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively; 
(3) 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.’’; 
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(4) in paragraph (3), as redesignated, by strik-
ing ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’; 
(4) in paragraph (3), as redesignated— 
(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 insert-
ing ‘‘paragraph (5)’’; 
(5) 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 
(6) 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 
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(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’’; 
(ii) by striking ‘‘primary analog trans-
mission’’ and inserting ‘‘primary trans-
missions’’; and 
(iii) by adding at the end the fol-
lowing: ‘‘A separate fee shall be established 
for each stream of a multicast trans-
mission included in the secondary trans-
mission to the subscriber.’’; 
(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 
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(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)— 
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(aa) by striking ‘‘(III) The 
Librarian’’ and inserting the fol-
lowing: 
‘‘(III) ADOPTION OF FEES.—The 
Copyright Royalty Judges’’; 
(bb) by striking ‘‘an arbitra-
tion proceeding’’ and inserting 
‘‘the proceeding under subpara-
graph (F)’’; and 
(cc) by striking ‘‘the arbitra-
tion proceeding’’ and inserting 
‘‘that proceeding’’; 
(F) in subparagraph (E)— 
(i) by striking ‘‘Copyright Office’’ and 
inserting ‘‘Copyright Royalty Judges’’; and 
(ii) by striking ‘‘December 31, 2009’’ 
and inserting ‘‘December 31, 2014’’; and 
(G) in subparagraph (F)— 
(i) in the heading, by striking ‘‘COM-
PULSORY
ARBITRATION’’ and inserting 
‘‘COPYRIGHT COPYRIGHT ROYALTY JUDGES 
PROCEEDING’’; 
(ii) in clause (i)— 
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(I) in the heading, by striking 
‘‘PROCEEDINGS’’ and inserting ‘‘THE 
PROCEEDING’’; 
(II) in the matter preceding sub-
clause (I)— 
(aa) by striking ‘‘May 1, 
2005, the Librarian of Congress’’ 
and inserting ‘‘May 3, 2010, the 
Copyright Royalty Judges’’; 
(bb) by striking ‘‘arbitration 
proceedings’’ and inserting ‘‘a 
proceeding’’; 
(cc) by striking ‘‘fee to be 
paid’’ and inserting ‘‘fees to be 
paid’’; 
(dd) by striking ‘‘primary 
analog transmission’’ and insert-
ing ‘‘the primary transmissions’’; 
and 
(ee) by striking ‘‘distribu-
tors’’ and inserting ‘‘distribu-
tors—’’; 
(III) in subclause (II)— 
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(aa) by striking ‘‘Librarian 
of 
Congress’’ 
and 
inserting 
‘‘Copyright Royalty Judges’’; and 
(bb) by striking ‘‘arbitra-
tion’’; and 
(IV) by amending the last sen-
tence to read as follows: ‘‘Such pro-
ceeding shall be conducted under 
chapter 8.’’; 
(iii) in clause (ii), by amending the 
matter preceding subclause (I) to read as 
follows: 
‘‘(ii) ESTABLISHMENT
OF
ROYALTY 
FEES.—In determining royalty fees under 
this subparagraph, the Copyright Royalty 
Judges shall establish fees for the sec-
ondary transmissions of the primary trans-
missions of network stations and non-net-
work stations that most clearly represent 
the fair market value of secondary trans-
missions, except that the Copyright Roy-
alty Judges shall adjust royalty fees to ac-
count for the obligations of the parties 
under any applicable voluntary agreement 
filed with the Copyright Royalty Judges in 
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accordance with subparagraph (D). In de-
termining the fair market value, the 
Judges shall base their decision on eco-
nomic, competitive, and programming in-
formation presented by the parties, includ-
ing—’’; 
(iv) by amending clause (iii) to read 
as follows: 
‘‘(iii) EFFECTIVE DATE FOR DECISION 
OF
COPYRIGHT
ROYALTY
JUDGES.—The 
obligation to pay the royalty fees estab-
lished under a determination that is made 
by the Copyright Royalty Judges in a pro-
ceeding under this paragraph shall be ef-
fective as of January 1, 2010.’’; and 
(v) in clause (iv)— 
(I) in the heading, by striking 
‘‘FEE’’ and inserting ‘‘FEES’’; and 
(II) by striking ‘‘fee’’ and insert-
ing ‘‘fees’’. 
(2) Paragraph (2) is amended to read as fol-
lows: 
‘‘(2) ANNUAL
ROYALTY
FEE
ADJUSTMENT.— 
Effective January 1 of each year, the royalty fee 
payable under subsection (b)(1)(B) for the sec-
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ondary transmission of the primary transmissions of 
network stations and non-network stations shall be 
adjusted by the Copyright Royalty Judges to reflect 
any changes occurring in the cost of living as deter-
mined by the most recent Consumer Price Index (for 
all consumers and for all items) published by the 
Secretary of Labor before December 1 of the pre-
ceding year. Notification of the adjusted fees shall 
be published in the Federal Register at least 25 days 
before January 1.’’. 
(h) DEFINITIONS.— 
(1) SUBSCRIBER.—Section 119(d)(8) is amend-
ed to read as follows: 
‘‘(8) 
SUBSCRIBER.—The 
term 
‘subscriber’ 
means a person or entity that receives a secondary 
transmission service from a satellite carrier and pays 
a fee for the service, directly or indirectly, to the sat-
ellite carrier or to a distributor.’’. 
(2) LOW
POWER
TELEVISION
STATION.—Sec-
tion 119(d)(12) is amended by striking ‘‘low power 
television as’’ and inserting ‘‘low power TV station 
as’’. 
(3) LOCAL
MARKET.—Section 119(d)(11) is 
amended to read as follows: 
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‘‘(11) LOCAL MARKET.—The term ‘local mar-
ket’ has the meaning given such term under section 
122(j).’’. 
(4) NONCOMMERCIAL
EDUCATIONAL
BROAD-
CAST STATION.—Section 119(d) is amended— 
(A) in paragraph (2)(B), by striking ‘‘(as 
defined in section 397 of the Communications 
Act of 1934)’’; and 
(B) by adding at the end the following: 
‘‘(14) NONCOMMERCIAL EDUCATIONAL BROAD-
CAST
STATION.—The term ‘noncommercial edu-
cational broadcast station’ means a television broad-
cast station that— 
‘‘(A) under the rules and regulations of the 
Federal Communications Commission in effect 
on November 2, 1978, is eligible to be licensed 
by the Federal Communications Commission as 
a noncommercial educational television broad-
cast station and is owned and operated by a 
public agency or nonprofit private foundation, 
corporation, or association; or 
‘‘(B) is owned and operated by a munici-
pality and transmits only noncommercial pro-
grams for education purposes.’’. 
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(5) 
MULTICAST
TRANSMISSION.—Section 
119(d) is amended by adding at the end the fol-
lowing: 
‘‘(15) 
MULTICAST
TRANSMISSION.—A 
‘multicast transmission’ is a transmission by a tele-
vision station that contains more than one channel 
or digital stream, each containing its own distinct 
programming.’’. 
(6) QUALIFIED
MULTICAST
VIDEO.—Section 
119(d), as amended by paragraph (5), is further 
amended by adding at the end the following new 
paragraph: 
‘‘(16) QUALIFIED MULTICAST VIDEO.—A ‘quali-
fied multicast video’ is a video stream other than the 
primary video that, with respect to a particular sat-
ellite carrier either— 
‘‘(A) was carried by that satellite carrier 
on July 1, 2009, and remains affiliated with the 
same network; or 
‘‘(B) exists on January 1, 2013, and re-
mains affiliated with the same network.’’. 
(7) 
PRIMARY
VIDEO.—Section 
119(d), 
as 
amended by paragraph (6), is further amended by 
adding at the end the following new paragraph: 
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‘‘(17) PRIMARY
VIDEO.—The term ‘primary 
video’ means the single programming stream and as-
sociated data program-related material that received 
the highest aggregate viewership ratings (as deter-
mined by Nielsen Media Research) of all program-
ming streams offered by that station as of the date 
of enactment of the Satellite Home Viewer Update 
and Reauthorization Act of 2009, offered by a tele-
vision broadcast station.’’. 
(8) CLERICAL AMENDMENT.—Section 119(d) is 
amended in paragraphs (1), (2), and (5) by striking 
‘‘which’’ each place it appears and inserting ‘‘that’’. 
(i) SUPERSTATION REDESIGNATED
AS NON-NET-
WORK STATION.—Section 119 is amended— 
(1) by striking ‘‘superstation’’ each place it ap-
pears in a heading and each place it appears in text 
and inserting ‘‘non-network station’’; and 
(2) by striking ‘‘superstations’’ each place it ap-
pears in a heading and each place it appears in text 
and inserting ‘‘non-network stations’’. 
(j) LOW POWER TELEVISION STATIONS.—Section 
119(a)(15) is amended to read as follows: 
‘‘(15) SECONDARY
TRANSMISSIONS
OF
LOW 
POWER TELEVISION PROGRAMMING.— 
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‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2)(B), and subject to subparagraphs (B) 
through (D) of this paragraph, the statutory li-
cense provided for in paragraph (1) shall apply 
to the secondary transmission by a satellite car-
rier of the primary transmission of the pro-
gramming of a non-network station that is li-
censed as a low power television station, to a 
subscriber who resides within the same des-
ignated market area as the station that origi-
nates the programming signal. 
‘‘(B) NO
APPLICABILITY
TO
REPEATERS 
AND
TRANSLATORS.—Secondary transmissions 
provided for in subparagraph (A) shall not 
apply to any low power television station that 
retransmits the programs and signals of an-
other television station for more than 2 hours 
each day. 
‘‘(C) ROYALTY FEES.—A satellite carrier 
whose secondary transmission of the primary 
transmission of the programming of a low 
power television station is subject to statutory 
licensing under this section shall be subject to 
royalty payments under subsection (b)(1)(B) 
for any transmission to a subscriber outside of 
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the local market of the low power television sta-
tion. 
‘‘(D) LIMITATION TO SUBSCRIBERS TAK-
ING
LOCAL-INTO-LOCAL
SERVICE.—Secondary 
transmissions provided for in subparagraph (A) 
may be made by a satellite carrier only to sub-
scribers who receive secondary transmissions of 
primary transmissions from that satellite car-
rier pursuant to the statutory license under sec-
tion 122.’’. 
(k) REMOVAL OF SIGNIFICANTLY VIEWED PROVI-
SION.— 
(1) REMOVAL OF PROVISION.—Section 119(a), 
as amended by subsections (d) and (j), is amended by 
striking paragraph (3) and redesignating paragraphs 
(4) through (17) as paragraphs (3) through (16), re-
spectively. 
(2) CONFORMING AMENDMENTS.—Section 119 
is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘(5), 
(6), and (8)’’ and inserting ‘‘(4), (5), and 
(7)’’; 
(ii) in paragraph (2)— 
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(I) in subparagraph (A), by strik-
ing ‘‘paragraphs (5), (6), (7), and 
(8)’’ and inserting ‘‘paragraphs (4), 
(5), (6), and (7)’’; 
(II) in subparagraph (B)(i), by 
striking the second sentence; and 
(III) in subparagraph (D), by 
striking clauses (i) and (ii) and insert-
ing the following: 
‘‘(i) INITIAL LISTS.—A satellite car-
rier that makes secondary transmissions of 
a primary transmission made by a network 
station pursuant to subparagraph (A) 
shall, not later than 90 days after com-
mencing such secondary transmissions, 
submit to the network that owns or is af-
filiated with the network station a list 
identifying (by name and address, includ-
ing street or rural route number, city, 
State, and 9-digit zip code) all subscribers 
to which the satellite carrier makes sec-
ondary transmissions of that primary 
transmission to subscribers in unserved 
households. 
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‘‘(ii) MONTHLY LISTS.—After the sub-
mission of the initial lists under clause (i), 
the satellite carrier shall, not later than 
the 15th of each month, submit to the net-
work a list identifying (by name and ad-
dress, including street or rural route num-
ber, city, State, and 9-digit zip code) any 
persons who have been added or dropped 
as subscribers under clause (i) since the 
last submission under clause (i).’’; and 
(iii) in paragraph
(3)(E)
subpara-
graph (E) of paragraph (3) (as redesig-
nated)— 
(I) by striking ‘‘under paragraph 
(3) or’’; and 
(II) by striking ‘‘paragraph (12)’’ 
and inserting ‘‘paragraph (11)’’; and 
(B) in subsection (b)(1), by striking the 
final sentence. 
(l) MODIFICATIONS TO PROVISIONS FOR SECONDARY 
TRANSMISSIONS BY SATELLITE CARRIERS.— 
(1) 
PREDICTIVE
MODEL.—Section 
119(a)(2)(B)(ii) is amended by adding at the end 
the following: 
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‘‘(III) 
ACCURATE
PREDICTIVE 
MODEL
WITH
RESPECT
TO
DIGITAL 
SIGNALS.—Notwithstanding subclause 
(I), 
in 
determining 
presumptively 
whether a person resides in an 
unserved household under subsection 
(d)(10)(A) with respect to digital sig-
nals, a court shall rely on a predictive 
model set forth by the Federal Com-
munications Commission pursuant to 
a rulemaking as provided in section 
339(c)(3) of the Communications Act 
of 1934 (47 U.S.C. 339(c)(3)), as 
that model may be amended by the 
Commission over time under such sec-
tion to increase the accuracy of that 
model. Until such time as the Com-
mission sets forth such model, a court 
shall rely on the predictive model en-
dorsed by the Commission in FCC 
05–199, released December 9, 2005.’’. 
(2) MODIFICATIONS
TO
STATUTORY
LICENSE 
WHERE
RETRANSMISSIONS
INTO
LOCAL
MARKET 
AVAILABLE.—Section 119(a)(3) (as redesignated) is 
amended— 
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(A) by striking ‘‘analog’’ each place it ap-
pears in a heading and text; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 
The statutory license under paragraph (2) shall 
not apply to the secondary transmission by a 
satellite carrier of a primary transmission of a 
network station to a person who— 
‘‘(i) is not a subscriber lawfully receiv-
ing such secondary transmission as of the 
date of the enactment of the Satellite 
Home Viewer Update and Reauthorization 
Act of 2009; or 
‘‘(ii) at the time such person seeks to 
subscribe to receive such secondary trans-
mission, resides in a local market where 
the satellite carrier makes available to that 
person the secondary transmission of the 
primary transmission of a local network 
station affiliated with the same television 
network pursuant to the statutory license 
under section 122, and such secondary 
transmission of such primary transmission 
can reach such person.’’; 
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(C) by striking subparagraphs (C) and 
(D); 
(D) by redesignating subparagraphs (E), 
(F), and (G) as subparagraphs (C), (D), and 
(E), respectively; 
(E) in subparagraph (D) (as redesignated), 
by striking ‘‘(C) or (D)’’ and inserting ‘‘(B)’’; 
and 
(F) in subparagraph (E) (as redesignated), 
by inserting ‘‘9-digit’’ before ‘‘zip code’’. 
(3) STATUTORY
DAMAGES
FOR
TERRITORIAL 
RESTRICTIONS.—Section 119(a)(6) (as redesignated) 
is amended— 
(A) 
by 
striking 
‘‘$5’’ 
and 
inserting 
‘‘$250’’; and 
(B) by striking ‘‘$250,000’’ each place it 
appears and inserting ‘‘$2,500,000’’. 
(4) 
CLERICAL
AMENDMENT.—Section 
119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 
clause’’ and inserting ‘‘In this clause,’’. 
(m) MORATORIUM EXTENSION.—Section 119(e) is 
amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 
(n) 
CLERICAL
AMENDMENTS.—Section 
119 
is 
amended— 
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(1) by striking ‘‘of the Code of Federal Regula-
tions’’ each place it appears and inserting ‘‘, Code 
of Federal Regulations’’; and 
(2) in subsection (d)(6), by striking ‘‘or the Di-
rect’’ and inserting ‘‘, or the Direct’’. 
SEC. 4. MODIFICATIONS TO STATUTORY LICENSE FOR SAT-
ELLITE CARRIERS IN LOCAL MARKETS. 
(a) HEADING RENAMED.— 
(1) IN GENERAL.—The heading of section 122 
is amended by striking ‘‘by satellite carriers 
within local markets’’ and inserting ‘‘of local 
television programming by satellite’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for chapter I chapter 1 is amended by striking 
the item relating to section 122 and inserting the 
following: 
‘‘122. Limitations on exclusive rights: Secondary transmissions of local television 
programming by satellite.’’. 
(b) STATUTORY LICENSE.—Section 122(a) is amend-
ed to read as follows: 
‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR-
KETS.— 
‘‘(1) SECONDARY
TRANSMISSIONS
OF
TELE-
VISION BROADCAST STATIONS WITHIN A LOCAL MAR-
KET.—A secondary transmission of a performance 
or display of a work embodied in a primary trans-
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mission of a television broadcast station into the sta-
tion’s local market shall be subject to statutory li-
censing under this section if— 
‘‘(A) the secondary transmission is made 
by a satellite carrier to the public; 
‘‘(B) with regard to secondary trans-
missions, the satellite carrier is in compliance 
with the rules, regulations, or authorizations of 
the Federal Communications Commission gov-
erning the carriage of television broadcast sta-
tion signals; and 
‘‘(C) the satellite carrier makes a direct or 
indirect charge for the secondary transmission 
to— 
‘‘(i) each subscriber receiving the sec-
ondary transmission; or 
‘‘(ii) a distributor that has contracted 
with the satellite carrier for direct or indi-
rect delivery of the secondary transmission 
to the public. 
‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 
‘‘(A) IN GENERAL.—The statutory license 
under paragraph (1) shall apply to the sec-
ondary transmission of the primary trans-
mission of a network station or a non-network 
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station to a subscriber who resides outside the 
station’s local market but within a community 
in which the signal has been determined by the 
Federal Communications Commission to be sig-
nificantly viewed in such community, pursuant 
to the rules, regulations, and authorizations of 
the Federal Communications Commission in ef-
fect on April 15, 1976, applicable to deter-
mining with respect to a cable system whether 
signals are significantly viewed in a community. 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall apply only to secondary transmissions of 
the primary transmissions of network stations 
or non-network stations to subscribers who re-
ceive secondary transmissions from a satellite 
carrier pursuant to the statutory license under 
paragraph (1). 
‘‘(C) WAIVER.—A subscriber who is denied 
the secondary transmission of the primary 
transmission of a network station or a non-net-
work station under subparagraph (B) may re-
quest a waiver from such denial by submitting 
a request, through the subscriber’s satellite car-
rier, to the network station or non-network sta-
tion in the local market affiliated with the same 
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network or non-network where the subscriber is 
located. The network station or non-network 
station shall accept or reject the subscriber’s re-
quest for a waiver within 30 days after receipt 
of the request. If the network station or non- 
network station fails to accept or reject the sub-
scriber’s request for a waiver within that 30- 
day period, that network station or non-network 
station shall be deemed to agree to the waiver 
request. 
‘‘(3) 
SECONDARY
TRANSMISSION
OF
LOW 
POWER PROGRAMMING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (D) of this paragraph, the 
statutory license provided under paragraph (1) 
shall apply to the secondary transmission by a 
satellite carrier of the primary transmission of 
a network station or a non-network station that 
is licensed as a low power television station, to 
a subscriber who resides within the same local 
market as the station that originates the trans-
mission. 
‘‘(B) NO
APPLICABILITY
TO
REPEATERS 
AND
TRANSLATORS.—Secondary transmissions 
by a satellite carrier provided for in subpara-
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graph (A) shall not apply to any low power tele-
vision station that retransmits the programs 
and signals of another television station for 
more than 2 hours each day. 
‘‘(C) LIMITATION TO SUBSCRIBERS TAKING 
LOCAL-INTO-LOCAL SERVICE.—Secondary trans-
missions by a satellite carrier provided for in 
subparagraph (A) may be made only to sub-
scribers who receive secondary transmissions of 
primary transmissions from that satellite car-
rier pursuant to the statutory license in para-
graph (1), and only in conformity with the re-
quirements under section 340(b) of the Com-
munications Act of 1934, as in effect on the 
date of the enactment of the Satellite Home 
Viewer Update and Reauthorization Act of 
2009. 
‘‘(D) NO IMPACT ON OTHER SECONDARY 
TRANSMISSIONS OBLIGATIONS.—A satellite car-
rier that makes secondary transmissions of a 
primary transmission of a low power television 
station under a statutory license provided under 
this section is not required, by reason of such 
secondary transmissions, to make any other sec-
ondary transmissions.’’. 
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(c) REPORTING REQUIREMENTS.—Section 122(b) is 
amended— 
(1) in paragraph (1), by striking ‘‘station a 
list’’ and all that follows through the end and insert-
ing the following: ‘‘station— 
‘‘(A) a list identifying (by name in alpha-
betical order and street address, including coun-
ty and 9-digit zip code) all subscribers to which 
the satellite carrier makes secondary trans-
missions of that primary transmission under 
subsection (a); and 
‘‘(B) a separate list, aggregated by des-
ignated market area (by name and address, in-
cluding street or rural route number, city, 
State, and 9-digit zip code), which shall indicate 
those subscribers being served pursuant to sub-
section (a)(2), relating to significantly viewed 
stations.’’; and 
(2) in paragraph (2), by striking ‘‘network a 
list’’ and all that follows through the end and insert-
ing the following: ‘‘network— 
‘‘(A) a list identifying (by name in alpha-
betical order and street address, including coun-
ty and 9-digit zip code) any subscribers who 
have been added or dropped as subscribers 
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since the last submission under this subsection; 
and 
‘‘(B) a separate list, aggregated by des-
ignated market area (by name and street ad-
dress, including street or rural route number, 
city, State, and 9-digit zip code), identifying 
those subscribers whose service pursuant to 
subsection (a)(2), relating to significantly 
viewed stations, has been added or dropped 
since the last submission under this sub-
section.’’. 
(d) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 
(1) MODIFICATION TO STATUTORY DAMAGES.—Sec-
tion 122(f) is amended— 
(A) in paragraph (1)(B), by striking ‘‘$5’’ and 
inserting ‘‘$250’’; and 
(B) in paragraph (2), by striking ‘‘$250,000’’ 
each place it appears and inserting ‘‘$2,500,000’’. 
(2) CONFORMING AMENDMENT FOR SIGNIFICANTLY 
VIEWED STATIONS.—Section 122 is amended— 
(A) in subsection (f), by striking ‘‘section 119 
or’’ each place it appears and inserting the fol-
lowing: ‘‘section 119, subject to statutory licensing 
by reason of subsection (a)(2)(A), or subject to’’; 
and 
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(B) in subsection (g), by striking ‘‘section 119 
or’’ and inserting the following: ‘‘section 119, sub-
section (a)(2)(A), or’’. 
(e) DEFINITIONS.—Section 122(j) is amended— 
(1) in paragraph (1), by striking ‘‘which con-
tracts’’ and inserting ‘‘that contracts’’; 
(2) by amending paragraph (2)(A) to read as 
follows: 
‘‘(A) IN GENERAL.—The term ‘local mar-
ket’ means— 
‘‘(i) in the case of a television broad-
cast station that is not a low power tele-
vision station, the designated market area 
in which such station is located, and— 
‘‘(I) in the case of a commercial 
television broadcast station, all com-
mercial television broadcast stations 
licensed to a community within the 
same designated market area are 
within the same local market; and 
‘‘(II) in the case of a non-
commercial 
educational 
television 
broadcast station, any station that is 
licensed to a community within the 
same designated market area as the 
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noncommercial educational television 
broadcast station; and 
‘‘(ii) in the case of a low power tele-
vision broadcast station, the area that is 
both— 
‘‘(I) within the designated mar-
ket area in which such station is lo-
cated; and 
‘‘(II) within the area within 35 
miles of the transmitter site of such 
station, except that in the case of 
such a station located in a standard 
metropolitan statistical area that has 
1 of the 50 largest populations of all 
standard metropolitan statistical areas 
(based on the 1980 decennial census 
of population taken by the Secretary 
of Commerce), the area within 20 
miles of the transmitter site of such 
station.’’; 
(3) in paragraph (3)— 
(A) in the heading of such paragraph, by 
inserting 
‘‘NON-NETWORK
STATION;’’ 
after 
‘‘NETWORK STATION;’’; and 
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(B) by inserting ‘‘ ‘non-network station’,’’ 
after ‘‘ ‘network station’,’’; 
(4) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) 
SUBSCRIBER.—The 
term 
‘subscriber’ 
means a person or entity that receives a secondary 
transmission service from a satellite carrier and pays 
a fee for the service, directly or indirectly, to the sat-
ellite carrier or to a distributor.’’; and 
(5) by adding at the end the following: 
‘‘(6) LOW POWER TELEVISION STATION.—The 
term ‘‘low power television station’’ ‘low power tele-
vision station’ means a low power TV station as de-
fined under section 74.701(f) of title 47, Code of 
Federal Regulations, as in effect on June 1, 2004. 
For purposes of this paragraph, the term ‘‘low 
power television station’’ ‘low power television sta-
tion’ includes a low power television station that has 
been accorded primary status as a Class A television 
licensee under section 73.6001(a) of title 47, Code 
of Federal Regulations.’’. 
SEC. 5. MODIFICATIONS TO CABLE SYSTEM SECONDARY 
TRANSMISSION RIGHTS UNDER SECTION 111. 
(a) HEADING RENAMED.— 
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(1) IN GENERAL.—The heading of section 111 
is amended by inserting at the end the following: 
‘‘of television programming by cable’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for chapter I chapter 1 is amended by striking 
the item relating to section 111 and inserting the 
following: 
‘‘111. Limitations on exclusive rights: Secondary transmissions of television pro-
gramming by cable.’’. 
(b) NATIONAL EMERGENCY MONITORING EXEMP-
TION.—Section 111 is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘; or’’ 
and inserting ‘‘or section 122;’’; 
(B) in paragraph (5), by striking the pe-
riod and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) the secondary transmission is made by a 
cable system for emergency preparation, response, or 
recovery as described under subsection (g).’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) RETRANSMISSION FOR EMERGENCY PREPARA-
TION, RESPONSE, OR RECOVERY.— 
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‘‘(1) AUTHORITY.—For purposes of subsection 
(a)(6), a secondary transmission by a cable system 
of a performance or display of a work embodied in 
a primary transmission by a television broadcast sta-
tion is made for emergency preparation, response, or 
recovery if such transmission is made— 
‘‘(A) by a cable system to a Federal gov-
ernmental body designated by the Secretary of 
Homeland Security or an organization estab-
lished with the purpose of carrying out a sys-
tem of national and international relief efforts 
and chartered under section 300101 of title 36; 
‘‘(B) to officers or employees of such body 
or such organization as a part of the official du-
ties or employment of such officers or employ-
ees; 
‘‘(C) at the request of the Secretary of 
Homeland Security; and 
‘‘(D) for the sole purpose of preparing for, 
responding to, or recovering from an emergency 
described under paragraph (2). 
‘‘(2) EMERGENCIES.—An emergency is de-
scribed under this paragraph if the Secretary of 
Homeland Security identifies such emergency as a 
major disaster, a catastrophe catastrophic incident, 
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an act of terrorism, or a transportation security inci-
dent. 
‘‘(3) REGULATIONS.—Not later than 6 months 
after the date of the enactment of this subsection, 
the Secretary of Homeland Security shall issue regu-
lations to protect copyright owners by preventing the 
unauthorized access to the secondary transmissions 
described in paragraph (1). 
‘‘(4) REPORTS
TO
CONGRESSIONAL
COMMIT-
TEES.—Not later than one year after the date of the 
enactment of this subsection and by September 30 
of each year thereafter, the Secretary of Homeland 
Security shall submit a report to the Committee on 
the Judiciary and the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on the Judiciary of the Senate describing— 
‘‘(A) the manner in which the authority 
granted under paragraph (1) is being used; and 
‘‘(B) 
any 
additional 
legislative 
rec-
ommendations the Secretary may have. 
‘‘(5) DEFINITIONS.—As used in this subsection: 
‘‘(A) TERRORISM.—The term ‘terrorism’ 
has the meaning given that term in section 
2(16) of the Homeland Security Act of 2002 (6 
U.S.C. 101(16)). 
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‘‘(B) TRANSPORTATION
SECURITY
INCI-
DENT.—The term ‘transportation security inci-
dent’ has the meaning given that term in sec-
tion 70101 of title 46. 
‘‘(C) CATASTROPHIC INCIDENT.—The term 
‘catastrophic incident’ means any natural dis-
aster, act of terrorism, or other man-made dis-
aster that results in extraordinary levels of cas-
ualties or damage or disruption severely affect-
ing the population (including mass evacuations), 
infrastructure, the environment, the economy, 
national morale, or government functions in a 
geographic area. 
‘‘(6) EFFECTIVE DATE.—This subsection shall 
take effect with respect to a secondary transmission 
described under paragraph (1) that is made after 
the end of the 30-day period beginning on the effec-
tive date of the regulations issued by the Secretary 
of Homeland Security under paragraph (3).’’. 
(c) STATUTORY LICENSE FOR SECONDARY TRANS-
MISSIONS BY CABLE SYSTEMS.—Section 111(d) is amend-
ed— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A)— 
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(i) by striking ‘‘A cable system whose 
secondary’’ and inserting the following: 
‘‘STATEMENT OF ACCOUNT AND ROYALTY 
FEES.—A cable system whose secondary’’; 
and 
(ii) by striking ‘‘by regulation—’’ and 
inserting ‘‘by regulation the following:’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘a statement of ac-
count’’ and inserting ‘‘A statement of ac-
count’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(C) by striking subparagraphs (B), (C), 
and (D), and inserting the following: 
‘‘(B) A total Except in the case of a cable 
system whose royalty is specified in subpara-
graph (E) or (F), a total royalty fee for the pe-
riod covered by the statement, computed on the 
basis of specified percentages of the gross re-
ceipts from subscribers to the cable service dur-
ing such period for the basic service of pro-
viding secondary transmissions of primary 
broadcast transmitters, as follows: 
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‘‘(i) 1.064 percent of such gross re-
ceipts for the privilege of further transmit-
ting, beyond the local service area of such 
primary transmitter, any non-network pro-
gramming of a primary transmitter in 
whole or in part, such amount to be ap-
plied against the fee, if any, payable pursu-
ant to clauses (ii) through (iv); 
‘‘(ii) 1.064 percent of such gross re-
ceipts for the first distant signal equiva-
lent; 
‘‘(iii) 0.701 percent of such gross re-
ceipts for each of the second, third, and 
fourth distant signal equivalents; and 
‘‘(iv) 0.330 percent of such gross re-
ceipts for the fifth distant signal equivalent 
and each distant signal equivalent there-
after. 
‘‘(C) In computing amounts under clauses 
(ii) through (iv) of subparagraph (B)— 
‘‘(i) any fraction of a distant signal 
equivalent shall be computed at its frac-
tional value; 
‘‘(ii) in the case of any cable system 
located partly within and partly outside of 
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the local service area of a primary trans-
mitter, gross receipts shall be limited to 
those gross receipts derived from sub-
scribers located outside of the local service 
area of such primary transmitter; and 
‘‘(iii) if a cable system provides a sec-
ondary transmission of a primary trans-
mitter to some but not all communities 
served by that cable system— 
‘‘(I) the gross receipts and the 
distant signal equivalent values for 
such secondary transmission shall be 
derived solely on the basis of the sub-
scribers in those communities where 
the cable system provides such sec-
ondary transmission; and 
‘‘(II) the total royalty fee for the 
period paid by such system shall not 
be less than the royalty fee calculated 
under subparagraph (B)(i) multiplied 
by the gross receipts from all sub-
scribers to the system. 
‘‘(D) A cable system that, on a statement 
submitted before the date of the enactment of 
the Satellite Home Viewer Update and Reau-
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thorization Act of 2009, computed its royalty 
fee consistent with the methodology under this 
paragraph
subparagraph 
(C)(iii) 
or 
that 
amends a statement filed before such date of 
enactment to compute the royalty fee due using 
such methodology shall not be subject to an ac-
tion for infringement, or eligible for any royalty 
refund or offset, arising out of its use of such 
methodology on such statement. 
‘‘(E) If the actual gross receipts paid by 
subscribers to a cable system for the period cov-
ered by the statement for the basic service of 
providing secondary transmissions of primary 
broadcast transmitters total $263,800 or less— 
‘‘(i) gross receipts of the cable system 
for the purpose of this paragraph shall be 
computed by subtracting from such actual 
gross receipts the amount by which 
$263,800 exceeds such actual gross re-
ceipts, except that in no case shall a cable 
system’s gross receipts be reduced to less 
than $10,400; and 
‘‘(ii) the royalty fee payable under this 
paragraph shall be 0.5 percent, regardless 
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