(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
ROYALTY
JUDGES
PRO-
CEEDING’’; 
(ii) in clause (i)—
(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)—
(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
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-
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; SUBSCRIBE.— 
‘‘(A) SUBSCRIBER.—The term ‘subscriber’ 
means a person or entity that receives a sec-
ondary transmission service from a satellite car-
rier and pays a fee for the service, directly or 
indirectly, to the satellite carrier or to a dis-
tributor. 
‘‘(B) SUBSCRIBE.—The term ‘subscribe’ 
means to elect to become a subscriber.’’. 
(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: 
‘‘(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.’’. 
(5) MULTICAST STREAM.—Section 119(d), as 
amended by paragraph (4), is further amended by 
adding at the end the following new paragraph: 
‘‘(15) 
MULTICAST
STREAM.—The 
term 
‘multicast stream’ means a digital stream containing 
programming and program-related material affili-
ated with a television network, other than the pri-
mary stream.’’. 
(6) PRIMARY
STREAM.—Section 119(d), as 
amended by paragraph (5), is further amended by 
adding at the end the following new paragraph: 
‘‘(16) PRIMARY STREAM.—The term ‘primary 
stream’ means— 
‘‘(A) the single digital stream of program-
ming as to which a television broadcast station 
has the right to mandatory carriage with a sat-
ellite carrier under the rules of the Federal 
Communications Commission in effect on July 
1, 2009; or 
‘‘(B) if there is no such stream, either— 
‘‘(i) the single digital stream of pro-
gramming associated with the network last
transmitted by the station as an analog 
signal; or 
‘‘(ii) the single digital stream of pro-
gramming affiliated with the network that, 
as of July 1, 2009, had been offered by the 
television broadcast station for the longest 
period of time.’’. 
(7) 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.— 
‘‘(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 
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 para-
graphs (4) through (17) as paragraphs (3) through 
(16), respectively. 
(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)— 
(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. 
‘‘(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 subparagraph (E) of para-
graph (3) (as redesignated)— 
(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: 
‘‘(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 as 
recommended by the Commission with 
respect to digital signals in its Report 
to Congress in ET Docket N. 05–182, 
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— 
(A) by striking ‘‘analog’’ each place it ap-
pears in a heading and text;
(B) by striking subparagraphs (B), (C), 
and (D), and inserting the following: 
‘‘(B) RULES
FOR
LAWFUL
SUBSCRIBERS 
AS OF DATE OF ENACTMENT OF 2009 ACT.—In 
the case of a subscriber of a satellite carrier 
who, on the day before the date of the enact-
ment of the Satellite Home Viewer Reauthoriza-
tion Act of 2009, was lawfully receiving the sec-
ondary transmission of the primary trans-
mission of a network station under the statu-
tory license under paragraph (2) (in this sub-
paragraph referred to as the ‘distant signal’), 
other than subscribers to whom subparagraph 
(A) applies, the statutory license under para-
graph (2) shall apply to secondary trans-
missions by that satellite carrier to that sub-
scriber of the distant signal of a station affili-
ated with the same television network, and the 
subscriber’s household shall continue to be con-
sidered to be an unserved household with re-
spect to such network, until such time as the 
subscriber elects to terminate such secondary 
transmissions. 
‘‘(C) RULES
FOR
NEW
SUBSCRIBERS 
AFTER ENACTMENT OF 2009 ACT.—In the case
of a person who first seeks to subscribe with a 
satellite carrier, on or after the date of the en-
actment of the Satellite Home Viewer Reau-
thorization Act of 2009, to receive secondary 
transmissions of the primary transmission of a 
network station under the statutory license 
under paragraph (2) (in this subparagraph re-
ferred to as the ‘distant signal’), the following 
shall apply: 
‘‘(i) Except in a case in which clause 
(ii) applies, the statutory license under 
paragraph (2) shall apply to secondary 
transmissions by that satellite carrier to 
that subscriber of the distant signal of a 
station affiliated with the same television 
network, and the subscriber’s household 
shall continue to be considered an unserved 
household with respect to such network, 
until such time as the satellite carrier 
makes available to the subscriber and the 
subscriber receives from the satellite car-
rier the secondary transmission of the pri-
mary transmission of a primary stream or 
a multicast stream affiliated with that net-
work and located in the subscriber’s local 
market. 
‘‘(ii) If, at the time such person seeks 
to so subscribe, the satellite carrier does 
not offer service in the subscriber’s local 
market pursuant to section 122, the statu-
tory license under paragraph (2) shall 
apply to secondary transmissions by that 
satellite carrier to that subscriber of the 
distant signal of a station affiliated with 
the same television network, and the sub-
scriber’s household shall continue to be 
considered an unserved household with re-
spect to such network, until such time as 
the subscriber elects to terminate such sec-
ondary transmissions.’’; 
(C) by redesignating subparagraphs (E), 
(F), and (G) as subparagraphs (D), (E), and 
(F), respectively; 
(D) in subparagraph (E) (as redesignated), 
by striking ‘‘(C) or (D)’’ and inserting ‘‘(B) or 
(C)’’; and 
(E) in subparagraph (F) (as redesignated), 
by inserting ‘‘9-digit’’ before ‘‘zip code’’.
(3) STATUTORY
DAMAGES
FOR
TERRITORIAL 
RESTRICTIONS.—Section 119(a)(6) (as redesignated) 
is amended— 
(A) in subparagraph (A)(ii), by striking 
‘‘$5’’ and inserting ‘‘$250’’; 
(B) in subparagraph (B)—— 
(i) 
in 
clause 
(i), 
by 
striking 
‘‘$250,000 for each 6-month period’’ and 
inserting ‘‘$2,500,000 for each 3-month 
period’’; and 
(ii) 
in 
clause 
(ii), 
by 
striking 
‘‘$250,000’’ and inserting ‘‘$2,500,000’’; 
and 
(C) by adding at the end the following 
flush sentence: 
‘‘The court shall direct one half of any statu-
tory damages ordered under clause (i) to be de-
posited with the Register of Copyrights for dis-
tribution to copyright owners pursuant to sub-
section (b). The Copyright Royalty Judges shall 
issue regulations establishing procedures for 
distributing such funds, on a proportional basis, 
to copyright owners whose works were included 
in the secondary transmissions that were the 
subject of the statutory damages.’’.
(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— 
(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. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 
SATELLITE 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 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-
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 
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 
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 
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) 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 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.’’. 
(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 
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.— 
Section 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
SIGNIFI-
CANTLY VIEWED STATIONS.—Section 122 is amend-
ed— 
(A) in subsection (f), by striking ‘‘section 
119 or’’ each place it appears and inserting the 
following: ‘‘section 119, subject to statutory li-
censing by reason of subsection (a)(2)(A), or 
subject to’’; and 
(B) in subsection (g), by striking ‘‘section 
119 or’’ and inserting the following: ‘‘section 
119, subsection (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 
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; 
NON-
COMMERCIAL
EDUCATIONAL
BROADCAST
STA-
TION;’’ after ‘‘NETWORK STATION;’’; and 
(B) by inserting ‘‘ ‘non-network station; 
noncommercial educational broadcast 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’ means a low 
power TV station as defined 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’ includes a low 
power television station that has been accorded pri-
mary status as a Class A television licensee under 
section 73.6001(a) of title 47, Code of Federal Reg-
ulations.’’. 
SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY 
TRANSMISSION RIGHTS UNDER SECTION 111. 
(a) HEADING RENAMED.— 
(1) IN GENERAL.—The heading of section 111 
is amended by inserting at the end the following: 
‘‘of broadcast programming by cable’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for chapter 1 is amended by striking the item 
relating to section 111 and inserting the following: 
‘‘111. Limitations on exclusive rights: Secondary transmissions of broadcast 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.— 
‘‘(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 Office of 
Emergency Communications, in coordination 
with the Federal Communications Commission, 
or an organization established with the purpose 
of carrying out a system of national and inter-
national relief efforts and chartered under sec-
tion 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 catastrophic incident, an act of ter-
rorism, or a transportation security incident. 
‘‘(3) REGULATIONS.—Not later than 6 months 
after the date of the enactment of this subsection, 
the Secretary of Homeland Security, in coordination 
with the Federal Communications Commission, the 
National Telecommunications and Information Ad-
ministration, and the Register of Copyrights, shall 
issue regulations to protect copyright owners by pre-
venting 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, acting through the Office of Emergency 
Communications, shall submit a report to the Com-
mittees on the Judiciary, on Homeland Security, and 
on Energy and Commerce of the House of Rep-
resentatives and the Committees on the Judiciary, 
on Homeland Security, and on Commerce, Science, 
and Transportation of the Senate describing— 
‘‘(A) the manner in which the authority 
granted under paragraph (1) is being used, in-
cluding to whom and for what purposes the sec-
ondary transmissions are being provided; 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)). 
‘‘(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 evacu-
ations), infrastructure, the environment, the 
economy, national morale, or government func-
tions in a geographic area. 
‘‘(6) EFFECTIVE DATE.—This subsection shall 
apply with respect to secondary transmissions de-
scribed under paragraph (1) that are made after the 
end of the 30-day period beginning on the effective 
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)— 
(i) by striking ‘‘A cable system whose 
secondary’’ and inserting the following: 
‘‘STATEMENT OF ACCOUNT AND ROYALTY 
FEES.—Subject to paragraph (5), 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) Except in the case of a cable system 
whose royalty fee is specified in subparagraph 
(E) or (F), a total royalty fee payable to copy-
right owners pursuant to paragraph (3) for the 
period covered by the statement, computed on 
the basis of specified percentages of the gross 
receipts from subscribers to the cable service 
during such period for the basic service of pro-
viding secondary transmissions of primary 
broadcast transmitters, as follows: 
‘‘(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 
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 Reauthorization Act 
of 2009, computed its royalty fee consistent 
with the methodology under 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 action 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 are $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 to copyright owners pursuant to 
paragraph (3) shall be 0.5 percent, regard-
less of the number of distant signal equiva-
lents, if any. 
‘‘(F) 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 are more than $263,800 
but less than $527,600, the royalty fee payable 
under this paragraph to copyright owners pur-
suant to paragraph (3) shall be— 
‘‘(i) 0.5 percent of any gross receipts 
up to $263,800, regardless of the number 
of distant signal equivalents, if any; and 
‘‘(ii) 1 percent of any gross receipts in 
excess 
of 
$263,800, 
but 
less 
than 
$527,600, regardless of the number of dis-
tant signal equivalents, if any. 
‘‘(G) A filing fee, as determined by the 
Register of Copyrights pursuant to section 
708(a).’’; 
(2) in paragraph (2), in the first sentence— 
(A) by striking ‘‘The Register of Copy-
rights’’ and inserting the following ‘‘HANDLING 
OF FEES.—The Register of Copyrights’’; 
(B) by inserting ‘‘(including the filing fee 
specified in paragraph (1)(G))’’ after ‘‘shall re-
ceive’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘The royalty fees’’ and in-
serting the following: ‘‘DISTRIBUTION OF ROY-
ALTY FEES TO COPYRIGHT OWNERS.—The roy-
alty fees’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘any such’’ and insert-
ing ‘‘Any such’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; 
(C) in subparagraph (B)— 
(i) by striking ‘‘any such’’ and insert-
ing ‘‘Any such’’; and 
(ii) by striking the semicolon and in-
serting a period; and 
(D) in subparagraph (C), by striking ‘‘any 
such’’ and inserting ‘‘Any such’’; 
(4) in paragraph (4), by striking ‘‘The royalty 
fees’’ and inserting the following: ‘‘PROCEDURES 
FOR
ROYALTY
FEE
DISTRIBUTION.—The royalty 
fees’’; and 
(5) by adding at the end the following new 
paragraphs: 
‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX-
CLUSIVITY
SURCHARGE
NOT
APPLICABLE
TO 
MULTICAST STREAMS.—The royalty rates specified 
in sections 256.2(c) and 256.2(d) of title 37, Code 
of Federal Regulations (commonly referred to as the
‘3.75 percent rate’ and the ‘syndicated exclusivity 
surcharge’, respectively), as in effect on the date of 
enactment of the Satellite Home Viewer Reauthor-
ization Act of 2009, as such rates may be adjusted, 
or such sections redesignated, thereafter by the 
Copyright Royalty Judges, shall not apply to the 
secondary transmission of a multicast stream. 
‘‘(6) VERIFICATION
OF
ACCOUNTS
AND
FEE 
PAYMENTS.—The Register of Copyrights shall issue 
regulations 
to 
provide 
for 
the 
confidential 
verification and audit of the information reported on 
the semi-annual statements of account filed after the 
date of the enactment of the Satellite Home Viewer 
Reauthorization Act of 2009. The regulations shall 
provide for a single verification procedure, with re-
spect to the semi-annual statements of account filed 
by a cable system, to be conducted by a qualified 
independent auditor on behalf of all copyright own-
ers whose works were the subject of a secondary 
transmission to the public by a cable system of a 
performance or display of a work embodied in a pri-
mary transmission and for a mechanism to review 
and cure defects identified by any such audit. 
‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.— 
Any royalty fee payments received by the Copyright
Office from cable systems for the secondary trans-
mission of primary transmissions that are in addi-
tion to the payments calculated and deposited in ac-
cordance with this subsection shall be deemed to 
have been deposited for the particular accounting pe-
riod for which they are received and shall be distrib-
uted as specified under this subsection.’’. 
(d) EFFECTIVE
DATE
OF
NEW
ROYALTY
FEE 
RATES.—The royalty fee rates established in section 
111(d)(1)(B) of title 17, United States Code, as amended 
by subsection (c)(1)(C) of this section, shall take effect 
commencing with the first accounting period occurring in 
2010. 
(e) DEFINITIONS.—Section 111(f) is amended— 
(1) by striking the first undesignated paragraph 
and inserting the following: 
‘‘(1) PRIMARY
TRANSMISSION.—A ‘primary 
transmission’ is a transmission made to the public 
by a transmitting facility whose signals are being re-
ceived and further transmitted by a secondary trans-
mission service, regardless of where or when the per-
formance or display was first transmitted. In the 
case of a television broadcast station, the primary 
stream and any multicast streams transmitted by 
the station constitute primary transmissions.’’;
(2) in the second undesignated paragraph— 
(A) by striking ‘‘A ‘secondary trans-
mission’ ’’ and inserting the following: 
‘‘(2) SECONDARY TRANSMISSION.—A ‘secondary 
transmission’ ’’; and 
(B) by striking ‘‘ ‘cable system’ ’’ and in-
serting ‘‘cable system’’; 
(3) in the third undesignated paragraph— 
(A) by striking ‘‘A ‘cable system’ ’’ and in-
serting the following: 
‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; and 
(B) by striking ‘‘Territory, Trust Terri-
tory, or Possession’’ and inserting ‘‘territory, 
trust territory, or possession of the United 
States’’; 
(4) in the fourth undesignated paragraph, in 
the first sentence— 
(A) by striking ‘‘The ‘local service area of 
a primary transmitter’, in the case of a tele-
vision broadcast station, comprises the area in 
which such station is entitled to insist’’ and in-
serting the following: 
‘‘(4) LOCAL
SERVICE
AREA
OF
A
PRIMARY 
TRANSMITTER.—The ‘local service area of a primary 
transmitter’, in the case of both the primary stream
and any multicast streams transmitted by a primary 
transmitter that is a television broadcast station, 
comprises the area where such primary transmitter 
could have insisted’’; 
(B) by striking ‘‘76.59 of title 47 of the 
Code of Federal Regulations’’ and inserting the 
following: ‘‘76.59 of title 47, Code of Federal 
Regulations, or within the noise-limited contour 
as defined in 73.622(e)(1) of title 47, Code of 
Federal Regulations’’; and 
(C) by striking ‘‘as defined by the rules 
and regulations of the Federal Communications 
Commission,’’; 
(5) by amending the fifth undesignated para-
graph to read as follows: 
‘‘(5) DISTANT SIGNAL EQUIVALENT.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a ‘distant signal 
equivalent’— 
‘‘(i) is the value assigned to the sec-
ondary transmission of any non-network 
television programming carried by a cable 
system in whole or in part beyond the local 
service area of the primary transmitter of 
such programming; and
‘‘(ii) is computed by assigning a value 
of one to each primary stream and to each 
multicast stream (other than a simulcast) 
that is an independent station, and by as-
signing a value of one-quarter to each pri-
mary stream and to each multicast stream 
(other than a simulcast) that is a network 
station or a noncommercial educational 
station. 
‘‘(B) EXCEPTIONS.—The values for inde-
pendent, network, and noncommercial edu-
cational stations specified in subparagraph (A) 
are subject to the following: 
‘‘(i) Where the rules and regulations 
of the Federal Communications Commis-
sion require a cable system to omit the fur-
ther transmission of a particular program 
and such rules and regulations also permit 
the substitution of another program em-
bodying a performance or display of a 
work in place of the omitted transmission, 
or where such rules and regulations in ef-
fect on the date of enactment of the Copy-
right Act of 1976 permit a cable system, 
at its election, to effect such omission and
substitution of a nonlive program or to 
carry additional programs not transmitted 
by primary transmitters within whose local 
service area the cable system is located, no 
value shall be assigned for the substituted 
or additional program. 
‘‘(ii) Where the rules, regulations, or 
authorizations of the Federal Communica-
tions Commission in effect on the date of 
enactment of the Copyright Act of 1976 
permit a cable system, at its election, to 
omit the further transmission of a par-
ticular program and such rules, regula-
tions, or authorizations also permit the 
substitution of another program embodying 
a performance or display of a work in 
place of the omitted transmission, the 
value assigned for the substituted or addi-
tional program shall be, in the case of a 
live program, the value of one full distant 
signal equivalent multiplied by a fraction 
that has as its numerator the number of 
days in the year in which such substitution 
occurs and as its denominator the number 
of days in the year.
‘‘(iii) In the case of the secondary 
transmission of a primary transmitter that 
is a television broadcast station pursuant 
to the late-night or specialty programming 
rules of the Federal Communications Com-
mission, or the secondary transmission of a 
primary transmitter that is a television 
broadcast station on a part-time basis 
where full-time carriage is not possible be-
cause the cable system lacks the activated 
channel capacity to retransmit on a full- 
time basis all signals that it is authorized 
to carry, the values for independent, net-
work, and noncommercial educational sta-
tions set forth in subparagraph (A), as the 
case may be, shall be multiplied by a frac-
tion that is equal to the ratio of the broad-
cast hours of such primary transmitter re-
transmitted by the cable system to the 
total broadcast hours of the primary trans-
mitter. 
‘‘(iv) No value shall be assigned for 
the secondary transmission of the primary 
stream or any multicast streams of a pri-
mary transmitter that is a television broad-
cast station in any community that is with-
in the local service area of the primary 
transmitter.’’; 
(6) by striking the sixth undesignated para-
graph and inserting the following: 
‘‘(6) NETWORK STATION.— 
‘‘(A) TREATMENT OF PRIMARY STREAM.— 
The term ‘network station’ shall be applied to 
a primary stream of a television broadcast sta-
tion that is owned or operated by, or affiliated 
with, one or more of the television networks in 
the United States providing nationwide trans-
missions, and that transmits a substantial part 
of the programming supplied by such networks 
for a substantial part of the primary stream’s 
typical broadcast day. 
‘‘(B) 
TREATMENT
OF
MULTICAST 
STREAMS.—The term ‘network station’ shall be 
applied to a multicast stream on which a tele-
vision broadcast station transmits all or sub-
stantially all of the programming of an inter-
connected program service that— 
‘‘(i) is owned or operated by, or affili-
ated with, one or more of the television
networks described in subparagraph (A); 
and 
‘‘(ii) offers programming on a regular 
basis for 15 or more hours per week to at 
least 25 of the affiliated television licensees 
of the interconnected program service in 
10 or more States.’’; and 
(7) by striking the seventh undesignated para-
graph and inserting the following: 
‘‘(7) INDEPENDENT STATION.—The term ‘inde-
pendent station’ shall be applied to the primary 
stream or a multicast stream of a television broad-
cast station that is not a network station or a non-
commercial educational station.’’; 
(8) by striking the eighth undesignated para-
graph and inserting the following: 
‘‘(8) 
NONCOMMERCIAL
EDUCATIONAL
STA-
TION.—A ‘noncommercial educational station’ is tel-
evision station that is a noncommercial educational 
broadcast station as defined in section 397 of the 
Communications Act of 1934, as in effect on the 
date of the enactment of the Satellite Home Viewer 
Reauthorization Act of 2009.’’; and 
(9) by adding at the end the following: