I
104TH CONGRESS
1ST SESSION
H. R. 1861
To make technical corrections in the Satellite Home Viewer Act of 1994
and other provisions of title 17, United States Code.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 1995
Mr. MOORHEAD introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To make technical corrections in the Satellite Home Viewer
Act of 1994 and other provisions of title 17, United
States Code.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SATELLITE HOME VIEWER ACT.
The Satellite Home Viewer Act of 1994 (Public Law
103–369) is amended as follows:
(1) Section 2(3)(A) is amended to read as fol-
lows:
‘‘(A) in clause (i) by striking ‘12 cents’
and inserting ‘17.5 cents per subscriber in the
case of superstations that as retransmitted by
the satellite carrier include any program which,
if delivered by any cable system in the United
States, would be subject to the syndicated ex-
clusivity rules of the Federal Communications
Commission, and 14 cents per subscriber in the
case of superstations that are syndex-proof as
defined in section 258.2 of title 37, Code of
Federal Regulations; and’ ’’.
(2) Section 2(4) is amended to read as follows:
‘‘(4) Subsection (c) is amended—
‘‘(A) in paragraph (1)—
‘‘(i) by striking ‘until December 31,
1992,’;
‘‘(ii) by striking ‘(2), (3) or (4)’ and
inserting ‘(2) or (3)’; and
‘‘(iii) by striking the second sentence;
‘‘(B) in paragraph (2)—
‘‘(i) in subparagraph (A) by striking
‘July 1, 1991’ and inserting ‘July 1,
1996’; and
‘‘(ii) in subparagraph (D) by striking
‘December 31, 1994’ and inserting ‘De-
cember 31, 1999, or in accordance with
the terms of the agreement, whichever is
later’; and
‘‘(C) in paragraph (3)—
‘‘(i) in subparagraph (A) by striking
‘December 31, 1991’ and inserting ‘Janu-
ary 1, 1997’;
‘‘(ii) by amending subparagraph (B)
to read as follows:
‘(B) 
ESTABLISHMENT
OF
ROYALTY
FEES.—In determining royalty fees under this
paragraph, the copyright arbitration royalty
panel appointed under chapter 8 shall establish
fees for the retransmission of network stations
and superstations that most clearly represent
the fair market value of secondary trans-
missions. In determining the fair market value,
the panel shall base its decision on economic,
competitive, and programming information pre-
sented by the parties, including—
‘(i) the competitive environment in
which such programming is distributed,
the cost of similar signals in similar pri-
vate and compulsory license marketplaces,
and any special features and conditions of
the retransmission marketplace;
‘(ii) the economic impact of such fees
on copyright owners and satellite carriers;
and
‘(iii) the impact on the continued
availability of secondary transmissions to
the public.’; and
‘‘(iii) in subparagraph (C), by insert-
ing ‘or July 1, 1997, whichever is later’
after ‘section 802(g)’.’’.
(3) Section 2(5)(A) is amended to read as fol-
lows:
‘‘(A) in paragraph (5)(C) by striking ‘the
date of the enactment of the Satellite Home
Viewer Act of 1988’ and inserting ‘November
16, 1988’.’’.
SEC. 2. DUPLICATIVE PUBLICATION IN FEDERAL REG-
ISTER.
Section 104A(e)(1)(B)(ii) of title 17, United States
Code, is amended by striking the last sentence.
SEC. 3. NEGOTIATED LICENSE FOR JUKEBOXES.
Section 116 of title 17, United States Code, is
amended—
(1) by amending subsection (b)(2) to read as
follows:
‘‘(2) ARBITRATION.—Parties not subject to
such a negotiation may determine the result of the
negotiation by arbitration in accordance with the
provisions of chapter 8.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) DEFINITIONS.—As used in this section, the fol-
lowing terms mean the following:
‘‘(1) A ‘coin-operated phonorecord player’ is a
machine or device that—
‘‘(A) is employed solely for the perform-
ance of nondramatic musical works by means of
phonorecords upon being activated by the inser-
tion of coins, currency, tokens, or other mone-
tary units or their equivalent;
‘‘(B) is located in an establishment making
no direct or indirect charge for admission;
‘‘(C) is accompanied by a list which is
comprised of the titles of all the musical works
available for performance on it, and is affixed
to the phonorecord player or posted in the es-
tablishment in a prominent position where it
can be readily examined by the public; and
‘‘(D) affords a choice of works available
for performance and permits the choice to be
made by the patrons of the establishment in
which it is located.
‘‘(2) An ‘operator’ is any person who, alone or
jointly with others—
‘‘(A) owns a coin-operated phonorecord
player;
‘‘(B) has the power to make a coin-oper-
ated phonorecord player available for placement
in an establishment for purposes of public per-
formance; or
‘‘(C) has the power to exercise primary
control over the selection of the musical works
made available for public performance on a
coin-operated phonorecord player.’’.
SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.
Section 118 of title 17, United States Code, is
amended as follows:
(1) Subsection (b) is amended by striking para-
graph (1) and redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively.
(2) Subsection (b)(2) (as redesignated by para-
graph (1) of this section) is amended by striking
‘‘(2)’’ each place it appears and inserting ‘‘(1)’’.
(3) Subsection (e) is amended to read as fol-
lows: