HR 3570 RFS 
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 
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(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-
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HR 3570 RFS 
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 
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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-
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HR 3570 RFS 
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:’’; 
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