H. R. 4818—598
market’ means the designated market area in which the station
is located.
‘‘(12) LOW
POWER
TELEVISION
STATION.—The term ‘low
power television station’ means a low power television 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 primary
status as a Class A television licensee under section 73.6001(a)
of title 47, Code of Federal Regulations.
‘‘(13) COMMERCIAL ESTABLISHMENT.—The term ‘commercial
establishment’—
‘‘(A) means an establishment used for commercial pur-
poses, such as a bar, restaurant, private office, fitness
club, oil rig, retail store, bank or other financial institution,
supermarket, automobile or boat dealership, or any other
establishment with a common business area; and
‘‘(B) does not include a multi-unit permanent or tem-
porary dwelling where private home viewing occurs, such
as a hotel, dormitory, hospital, apartment, condominium,
or prison.’’.
SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.
Nothing in this title shall modify any remedy imposed on
a party that is required by the judgment of a court in any action
that was brought before May 1, 2004, against that party for a
violation of section 119 of title 17, United States Code.
SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RE-
TRANSMITTING SUPERSTATION SIGNALS TO COMMER-
CIAL ESTABLISHMENTS.
(a) IN GENERAL.—Section 119 of title 17, United States Code,
is amended—
(1) in subsection (a)(1)—
(A) by inserting ‘‘or for viewing in a commercial
establishment’’ after ‘‘for private home viewing’’ each place
it appears; and
(B) by striking ‘‘household’’ and inserting ‘‘subscriber’’;
(2) in subsection (b), by striking ‘‘for private home viewing’’
each place it appears;
(3) in subsection (d)(1)—
(A) by striking ‘‘for private home viewing’’; and
(B) by inserting ‘‘in accordance with the provisions
of this section’’ before the period;
(4) in subsection (d)(6), by inserting ‘‘pursuant to this sec-
tion’’ before the period; and
(5) in subsection (d)(8)—
(A) by striking ‘‘who’’ and inserting ‘‘or entity that’’;
(B) by striking ‘‘for private home viewing’’; and
(C) by inserting ‘‘in accordance with the provisions
of this section’’ before the period.
(b) 
CONFORMING
AMENDMENTS.—Subsections 
(a)(4) 
and
(d)(1)(A) of section 111 of title 17, United States Code, are each
amended by striking ‘‘for private home viewing’’.
H. R. 4818—599
SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS
TO PROVIDE SATELLITE SECONDARY TRANSMISSIONS TO
LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended by
adding at the end the following:
‘‘(f) EXPEDITED CONSIDERATION
BY JUSTICE DEPARTMENT
OF
VOLUNTARY
AGREEMENTS
TO
PROVIDE
SATELLITE
SECONDARY
TRANSMISSIONS TO LOCAL MARKETS.—
‘‘(1) IN GENERAL.—In a case in which no satellite carrier
makes available, to subscribers located in a local market, as
defined in section 122(j)(2), the secondary transmission into
that market of a primary transmission of one or more television
broadcast stations licensed by the Federal Communications
Commission, and two or more satellite carriers request a busi-
ness review letter in accordance with section 50.6 of title 28,
Code of Federal Regulations (as in effect on July 7, 2004),
in order to assess the legality under the antitrust laws of
proposed business conduct to make or carry out an agreement
to provide such secondary transmission into such local market,
the appropriate official of the Department of Justice shall
respond to the request no later than 90 days after the date
on which the request is received.
‘‘(2) DEFINITION.—For purposes of this subsection, the term
‘antitrust laws’—
‘‘(A) has the meaning given that term in subsection
(a) of the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
‘‘(B) includes any State law similar to the laws referred
to in paragraph (1).’’.
SEC. 109. STUDY.
No later than June 30, 2008, the Register of Copyrights shall
report to the Committee on the Judiciary of the House of Represent-
atives and the Committee on the Judiciary of the Senate the Reg-
ister’s findings and recommendations on the operation and revision
of the statutory licenses under sections 111, 119, and 122 of title
17, United States Code. The report shall include, but not be limited
to, the following:
(1) A comparison of the royalties paid by licensees under
such sections, including historical rates of increases in these
royalties, a comparison between the royalties under each such
section and the prices paid in the marketplace for comparable
programming.
(2) An analysis of the differences in the terms and condi-
tions of the licenses under such sections, an analysis of whether
these differences are required or justified by historical, techno-
logical, or regulatory differences that affect the satellite and
cable industries, and an analysis of whether the cable or sat-
ellite industry is placed in a competitive disadvantage due
to these terms and conditions.
(3) An analysis of whether the licenses under such sections
are still justified by the bases upon which they were originally
created.
(4) An analysis of the correlation, if any, between the
royalties, or lack thereof, under such sections and the fees
H. R. 4818—600
charged to cable and satellite subscribers, addressing whether
cable and satellite companies have passed to subscribers any
savings realized as a result of the royalty structure and
amounts under such sections.
(5) An analysis of issues that may arise with respect to
the application of the licenses under such sections to the sec-
ondary transmissions of the primary transmissions of network
stations and superstations that originate as digital signals,
including issues that relate to the application of the unserved
household limitations under section 119 of title 17, United
States Code, and to the determination of royalties of cable
systems and satellite carriers.
SEC. 110. ADDITIONAL STUDY.
No later than December 31, 2005, the Register of Copyrights
shall report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate
the Register’s findings and recommendations on the following:
(1) The extent to which the unserved household limitation
for network stations contained in section 119 of title 17, United
States Code, has operated efficiently and effectively and has
forwarded the goal of title 17, United States Code, to protect
copyright owners of over-the-air television programming,
including what amendments, if any, are necessary to effectively
identify the application of the limitation to individual house-
holds to receive secondary transmissions of primary digital
transmissions of network stations.
(2) The extent to which secondary transmissions of primary
transmissions of network stations and superstations under sec-
tion 119 of title 17, United States Code, harm copyright owners
of broadcast programming throughout the United States and
the effect, if any, of the statutory license under section 122
of title 17, United States Code, in reducing such harm.
SEC. 111. SPECIAL RULES.
(a) RESTRICTIONS ON TRANSMISSION OF DISTANT TELEVISION
STATIONS IN AREAS OF ALASKA WHERE LOCAL-INTO-LOCAL SERVICE
IS AVAILABLE.—Section 119(a) of title 17, United States Code, is
amended by adding at the end thereof the following:
‘‘(16) RESTRICTED TRANSMISSION OF OUT-OF-STATE DISTANT
NETWORK SIGNALS INTO CERTAIN MARKETS.—
‘‘(A) OUT-OF-STATE
NETWORK
AFFILIATES.—Notwith-
standing any other provision of this title, the statutory
license in this subsection and subsection (b) shall not apply
to any secondary transmission of the primary transmission
of a network station located outside of the State of Alaska
to any subscriber in that State to whom the secondary
transmission of the primary transmission of a television
station located in that State is made available by the
satellite carrier pursuant to section 122.
‘‘(B) EXCEPTION.—The limitation in subparagraph (A)
shall not apply to the secondary transmission of the pri-
mary transmission of a digital signal of a network station
located outside of the State of Alaska if at the time that
the secondary transmission is made, no television station
licensed to a community in the State and affiliated with
the same network makes primary transmissions of a digital
signal.’’.