175 
tion of digital broadcast content within the home 
or similar environment, or the use of the Internet 
to transmit digital broadcast content, where such 
technologies and recording methods adequately 
protect such content from indiscriminate redis-
tribution; or 
(B) be construed to affect rights, remedies, 
limitations, or defenses to copyright infringe-
ment, including fair use, under title 17, United 
States Code. 
(2) 
USE
OF
REDISTRIBUTION
CONTROL 
DESCRIPTOR.—Licensees of television broadcast sta-
tions may not utilize the Redistribution Control 
Descriptor, as adopted by the Report and Order de-
scribed in subparagraph (b), to limit the redistribu-
tion of news and public affairs programming the pri-
mary commercial value of which depends on timeli-
ness. The Federal Communications Commission shall 
allow each broadcaster or broadcasting network to de-
termine whether the primary commercial value of a 
particular news program depends on timeliness. The 
Commission may review any such determination by 
a broadcaster or broadcasting network if it receives 
bona fide complaints alleging, or otherwise has reason 
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to believe, that particular broadcast digital television 
content has violated this subsection. 
(3) PROPERTY RIGHTS.—The Commission shall 
require that any authorized redistribution control 
technology and any authorized recording method tech-
nology approved by the Commission under this sec-
tion that is publicly offered for adoption by licensees, 
be licensed on reasonable and nondiscriminatory 
terms and conditions, including terms preserving a li-
censee’s ability to assert any patent rights necessary 
for implementation of the licensed technology. 
SEC. 453. PROTECTION OF DIGITAL AUDIO BROADCASTING 
CONTENT. 
Part I of title III (47 U.S.C. 301 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 342. PROTECTION OF DIGITAL AUDIO BROADCASTING 
CONTENT. 
‘‘(a) IN GENERAL.—Subject to section 454(d)(2) of the 
Digital Content Protection Act of 2006, the Commission 
may promulgate regulations governing the distribution of 
audio content with respect to— 
‘‘(1) digital radio broadcasts; 
‘‘(2) satellite digital radio transmissions; and 
‘‘(3) digital radios. 
‘‘(b) MONITORING ORGANIZATIONS.— 
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‘‘(1) IN GENERAL.—The Commission shall ensure 
that a performing rights society or a mechanical 
rights organization, or any entity acting on behalf of 
such a society or organization, is granted a license for 
free or for a de minimis fee to cover only the reason-
able costs to the licensor of providing the license, and 
on reasonable, nondiscriminatory terms and condi-
tions, to access and retransmit as necessary any con-
tent contained in such transmissions protected by 
content protection or similar technologies, if— 
‘‘(A) the license is used to carry out the ac-
tivities of such society, organization, or entity in 
monitoring the public performance or other uses 
of copyrighted works; and 
‘‘(B) such society, organization, or entity 
employs reasonable methods to protect any such 
content accessed from further distribution. 
‘‘(2) PROTECTED
ACTIVITIES.—Nothing shall 
preclude or prevent a performing rights organization, 
a mechanical rights organization, a monitoring serv-
ice, a measuring service, or any entity owned in 
whole or in part by, or acting on behalf of, such an 
organization or service, from monitoring or meas-
uring public performances or other uses of copy-
righted works, advertisements, or announcements con-
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