broadcast station signals,’’ after ‘‘satellite carrier to
the public for private home viewing,’’; and
(3) by adding at the end the following new
paragraph:
‘‘(10) STATUTORY
LICENSE
CONTINGENT
ON
COMPLIANCE
WITH
FCC
RULES
AND
REMEDIAL
STEPS.—Notwithstanding any other provision of this
section, the willful or repeated secondary trans-
mission to the public by a satellite carrier of a pri-
mary transmission made by a broadcast station li-
censed by the Federal Communications Commission
is actionable as an act of infringement under section
501, and is fully subject to the remedies provided by
sections 502 through 506 and 509, if, at the time
of such transmission, the satellite carrier is not in
compliance with the rules, regulations, and author-
izations of the Federal Communications Commission
concerning the carriage of television broadcast sta-
tion signals.’’.
SEC. 208. STUDY ON TECHNICAL AND ECONOMIC IMPACT
OF MUST-CARRY ON DELIVERY OF LOCAL
SIGNALS.
Not later than July 1, 2000, the Register of Copy-
rights and the Assistant Secretary of Commerce for Com-
munications and Information shall submit to the Congress
a joint report that sets forth in detail their findings and
conclusions with respect to the following:
(1) The availability of local television broadcast
signals in small and rural markets as part of a serv-
ice that competes with, or supplements, video pro-
gramming containing copyrighted material delivered
by satellite carriers or cable operators.
(2) The technical feasibility of imposing the re-
quirements of section 338 of the Communications
Act of 1934 on satellite carriers that deliver local
broadcast station signals containing copyrighted ma-
terial pursuant to section 122 of title 17, United
States Code, and the technical and economic impact
of section 338 of the Communications Act of 1934
on the ability of satellite carriers to serve multiple
television markets with retransmission of local tele-
vision broadcast stations, with particular consider-
ation given to the ability to serve television markets
other than the 100 largest television markets in the
United States (as determined by the Nielson Media
Research and published in the DMA market and De-
mographic Report).
(3) The technological capability of dual satellite
dish technology to receive effectively over-the-air
broadcast transmissions containing copyrighted ma-
terial from the local market, the availability of such
capability in small and rural markets, and the af-
fordability of such capability.
(4) The technological capability (including in-
terference), availability, and affordability of wireless
cable (or terrestrial wireless) delivery of local broad-
cast station signals containing copyrighted material
pursuant to section 111 of title 17, United States
Code, including the feasibility and desirability of the
expedited licensing of such competitive wireless tech-
nologies for rural and small markets.
(5) The technological capability, availability,
and affordability of a broadcast-only basic tier of
cable service.
SEC. 209. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect on July 1, 1999, except that section 208
and the amendments made by section 205 shall take effect
on the date of the enactment of this Act.
Passed the House of Representatives April 27, 1999.
Attest:
Clerk.