H. R. 4818—591
carrier, not later than March 1, 2005, submits to that
television network a list, aggregated by designated
market area (as defined in section 122(j)(2)(C)), that
identifies that subscriber by name and address (street
or rural route number, city, State, and zip code) and
specifies the distant analog signals received by the
subscriber.
‘‘(ii) In a case in which the satellite carrier does
not make available to that subscriber, on January 1,
2005, the secondary transmission of the primary analog
transmission of a local network station affiliated with
the same television network pursuant to the statutory
license under section 122, the statutory license under
paragraph (2) shall apply only to secondary trans-
missions by that satellite carrier of the distant analog
signal of a station affiliated with the same network
to that subscriber if—
‘‘(I) that subscriber seeks to subscribe to such
distant analog signal before the date on which
such carrier commences to provide pursuant to
the statutory license under section 122 the sec-
ondary transmissions of the primary analog trans-
mission of stations from the local market of such
local network station; and
‘‘(II) the satellite carrier, within 60 days after
such date, submits to each television network a
list that identifies each subscriber in that local
market provided such an analog signal by name
and address (street or rural route number, city,
State, and zip code) and specifies the distant ana-
log signals received by the subscriber.
‘‘(C) FUTURE
APPLICABILITY.—The statutory license
under paragraph (2) shall not apply to the secondary trans-
mission by a satellite carrier of a primary analog trans-
mission of a network station to a person who—
‘‘(i) is not a subscriber lawfully receiving such sec-
ondary transmission as of the date of the enactment
of the Satellite Home Viewer Extension and Reauthor-
ization Act of 2004; and
‘‘(ii) at the time such person seeks to subscribe
to receive such secondary transmission, resides in a
local market where the satellite carrier makes avail-
able to that person the secondary transmission of the
primary analog 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.
‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.—
The statutory license under paragraph (2) shall apply to
secondary transmissions by a satellite carrier to a sub-
scriber of primary digital transmissions of network stations
if such secondary transmissions to such subscriber are
permitted under section 339(a)(2)(D) of the Communica-
tions Act of 1934, as in effect on the day after the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, except that the reference
H. R. 4818—592
to section 73.683(a) of title 47, Code of Federal Regulations,
referred to in section 339(a)(2)(D)(i)(I) shall refer to such
section as in effect on the date of the enactment of the
Satellite Home Viewer Extension and Reauthorization Act
of 2004.
‘‘(E) OTHER
PROVISIONS
NOT
AFFECTED.—This para-
graph shall not affect the applicability of the statutory
license to secondary transmissions under paragraph (3)
or to unserved households included under paragraph (12).
‘‘(F) WAIVER.—A subscriber who is denied the sec-
ondary transmission of a network station under subpara-
graph (C) or (D) may request a waiver from such denial
by submitting a request, through the subscriber’s satellite
carrier, to the network station in the local market affiliated
with the same network where the subscriber is located.
The network station shall accept or reject the subscriber’s
request for a waiver within 30 days after receipt of the
request. If the network station fails to accept or reject
the subscriber’s request for a waiver within that 30-day
period, that network station shall be deemed to agree to
the waiver request. Unless specifically stated by the net-
work station, a waiver that was granted before the date
of the enactment of the Satellite Home Viewer Extension
and Reauthorization Act of 2004 under section 339(c)(2)
of the Communications Act of 1934 shall not constitute
a waiver for purposes of this subparagraph.
‘‘(G) AVAILABLE DEFINED.—For purposes of this para-
graph, a satellite carrier makes available a secondary
transmission of the primary transmission of a local station
to a subscriber or person if the satellite carrier offers
that secondary transmission to other subscribers who reside
in the same zip code as that subscriber or person.’’.
(2) Subsection (a) is amended by adding at the end the
following:
‘‘(14) WAIVERS.—A subscriber who is denied the secondary
transmission of a signal of a network station under subsection
(a)(2)(B) may request a waiver from such denial by submitting
a request, through the subscriber’s satellite carrier, to the net-
work station asserting that the secondary transmission is
prohibited. The network station shall accept or reject a sub-
scriber’s request for a waiver within 30 days after receipt
of the request. If a television network station fails to accept
or reject a subscriber’s request for a waiver within the 30-
day period after receipt of the request, that station shall be
deemed to agree to the waiver request and have filed such
written waiver. Unless specifically stated by the network sta-
tion, a waiver that was granted before the date of the enactment
of the Satellite Home Viewer Extension and Reauthorization
Act of 2004 under section 339(c)(2) of the Communications
Act of 1934, and that was in effect on such date of enactment,
shall constitute a waiver for purposes of this paragraph.’’.
(3) Subsection (b)(1) is amended by striking subparagraph
(B) and inserting the following:
‘‘(B) a royalty fee for that 6-month period, computed
by multiplying the total number of subscribers receiving
H. R. 4818—593
each secondary transmission of each superstation or net-
work station during each calendar month by the appro-
priate rate in effect under this section.’’.
(4) Subsection (b)(1) is further amended by adding at the
end the following flush sentence: ‘‘Notwithstanding the provi-
sions of subparagraph (B), a satellite carrier whose secondary
transmissions are subject to statutory licensing under para-
graph (1) or (2) of subsection (a) shall have no royalty obligation
for secondary transmissions to a subscriber under paragraph
(3) of such subsection.’’.
(5) Subsection (c) is amended to read as follows:
‘‘(c) ADJUSTMENT OF ROYALTY FEES.—
‘‘(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES
FOR ANALOG SIGNALS.—
‘‘(A) INITIAL FEE.—The appropriate fee for purposes
of determining the royalty fee under subsection (b)(1)(B)
for the secondary transmission of the primary analog trans-
missions of network stations and superstations shall be
the appropriate fee set forth in part 258 of title 37, Code
of Federal Regulations, as in effect on July 1, 2004, as
modified under this paragraph.
‘‘(B) FEE
SET
BY
VOLUNTARY
NEGOTIATION.—On or
before January 2, 2005, the Librarian of Congress shall
cause to be published in the Federal Register of the initi-
ation of voluntary negotiation proceedings for the purpose
of determining the royalty fee to be paid by satellite carriers
for the secondary transmission of the primary analog trans-
mission of network stations and superstations under sub-
section (b)(1)(B).
‘‘(C) NEGOTIATIONS.—Satellite carriers, distributors,
and copyright owners entitled to royalty fees under this
section shall negotiate in good faith in an effort to reach
a voluntary agreement or agreements for the payment of
royalty fees. Any such satellite carriers, distributors and
copyright owners may at any time negotiate and agree
to the royalty fee, and may designate common agents to
negotiate, agree to, or pay such fees. If the parties fail
to identify common agents, the Librarian of Congress shall
do so, after requesting recommendations from the parties
to the negotiation proceeding. The parties to each negotia-
tion proceeding shall bear the cost thereof.
‘‘(D) AGREEMENTS
BINDING
ON
PARTIES; FILING
OF
AGREEMENTS; PUBLIC
NOTICE.—(i) Voluntary agreements
negotiated at any time in accordance with this paragraph
shall be binding upon all satellite carriers, distributors,
and copyright owners that a parties thereto. Copies of
such agreements shall be filed with the Copyright Office
within 30 days after execution in accordance with regula-
tions that the Register of Copyrights shall prescribe.
‘‘(ii)(I) Within 10 days after publication in the Federal
Register of a notice of the initiation of voluntary negotiation
proceedings, parties who have reached a voluntary agree-
ment may request that the royalty fees in that agreement
be applied to all satellite carriers, distributors, and copy-
right owners without convening an arbitration proceeding
pursuant to subparagraph (E).