II 
111TH CONGRESS 
1ST SESSION H. R. 3570 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 3, 2009 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To extend the statutory license for secondary transmissions 
under title 17, United States Code, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Satellite Home Viewer 
Reauthorization Act of 2009’’. 
TITLE I—STATUTORY LICENSES 
SEC. 101. REFERENCE. 
Except as otherwise provided, whenever in this title 
an amendment is made to a section or other provision, 
the reference shall be considered to be made to such sec-
tion or provision of title 17, United States Code. 
SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR 
SATELLITE CARRIERS. 
(a) HEADING RENAMED.— 
(1) IN GENERAL.—The heading of section 119 
is amended by striking ‘‘superstations and net-
work stations for private home viewing’’ 
and inserting ‘‘distant television program-
ming by satellite’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for chapter 1 is amended by striking the item 
relating to section 119 and inserting the following: 
‘‘119. Limitations on exclusive rights: Secondary transmissions of distant tele-
vision programming by satellite.’’. 
(b) UNSERVED
HOUSEHOLD
DEFINED.—Section 
119(d)(10) is amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
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‘‘(A) cannot receive, through the use of a 
conventional, stationary, outdoor rooftop receiv-
ing antenna, an over-the-air signal containing 
the primary stream, or, on or after January 1, 
2013, the multicast stream, originating in that 
household’s local market and affiliated with 
that network of— 
‘‘(i) if the signal originates as an ana-
log signal, Grade B intensity as defined by 
the Federal Communications Commission 
in section 73.683(a) of title 47, Code of 
Federal Regulations, as in effect on Janu-
ary 1, 1999; or 
‘‘(ii) if the signal originates as a dig-
ital signal, intensity defined in the values 
for digital television noise-limited service 
contour, as defined in regulations issued by 
the Federal Communications Commission 
(section 73.622(e) of title 47, Code of Fed-
eral Regulations), as such regulations may 
be amended from time to time;’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘subsection (a)(14)’’ and 
inserting ‘‘subsection (a)(13),’’; and 
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(B) by striking ‘‘Satellite Home Viewer 
Extension and Reauthorization Act of 2004’’ 
and inserting ‘‘Satellite Home Viewer Reau-
thorization Act of 2009’’; and 
(3) in subparagraph (D), by striking ‘‘(a)(12)’’ 
and inserting ‘‘(a)(11)’’. 
(c) FILING FEE.—Section 119(b)(1) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ 
after the semicolon at the end; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) a filing fee, as determined by the 
Register of Copyrights pursuant to section 
708(a).’’. 
(d) EMERGENCY MONITORING, PLANNING, OR RE-
SPONDING.—Section 119(a) is amended by adding at the 
end the following: 
‘‘(17) 
RETRANSMISSION
FOR
EMERGENCY 
PREPARATION, RESPONSE, OR RECOVERY.— 
‘‘(A) AUTHORITY.—The secondary trans-
mission by a satellite carrier of a performance 
or display of a work embodied in a primary 
transmission of a television broadcast station is 
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not an infringement of copyright if such sec-
ondary transmission is made— 
‘‘(i) to a Federal governmental body 
designated by the Office of Emergency 
Communications, in coordination with the 
Federal Communications Commission, or 
an organization established with the pur-
pose of carrying out a system of national 
and international relief efforts and char-
tered under section 300101 of title 36; 
‘‘(ii) to officers or employees of such 
body or such organization as a part of the 
official duties or employment of such offi-
cers or employees; 
‘‘(iii) at the request of the Secretary 
of Homeland Security; and 
‘‘(iv) for the sole purpose of preparing 
for, responding to, or recovering from an 
emergency described under subparagraph 
(B). 
‘‘(B) EMERGENCIES.—An emergency is de-
scribed under this subparagraph if the Sec-
retary of Homeland Security identifies such 
emergency as a major disaster, a catastrophic 
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incident, an act of terrorism, or a transpor-
tation security incident. 
‘‘(C) REGULATIONS.—Not later than 6 
months after the date of the enactment of this 
paragraph, the Secretary of Homeland Security, 
in coordination with the Federal Communica-
tions Commission, the National Telecommuni-
cations and Information Administration, and 
the Register of Copyrights, shall issue regula-
tions to protect copyright owners by preventing 
the unauthorized access to the secondary trans-
missions described in subparagraph (A). 
‘‘(D) REPORTS TO CONGRESSIONAL COM-
MITTEES.—Not later than one year after the 
date of the enactment of this paragraph and by 
September 30 of each year thereafter, the Sec-
retary of Homeland Security, acting through 
the Office of Emergency Communications, shall 
submit a report to the Committees on the Judi-
ciary, on Homeland Security, and on Energy 
and Commerce of the House of Representatives 
and the Committees on the Judiciary, on 
Homeland Security, and on Commerce, Science, 
and Transportation of the Senate describing— 
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‘‘(i) the manner in which the author-
ity granted under subparagraph (A) is 
being used, including to whom and for 
what purposes the secondary transmissions 
are being provided; and 
‘‘(ii) any additional legislative rec-
ommendations the Secretary may have. 
‘‘(E) DEFINITIONS.—As used in this para-
graph: 
‘‘(i) TERRORISM.—The term ‘ter-
rorism’ has the meaning given that term in 
section 2(16) of the Homeland Security 
Act of 2002 (6 U.S.C. 101(16)). 
‘‘(ii) TRANSPORTATION SECURITY IN-
CIDENT.—The term ‘transportation secu-
rity incident’ has the meaning given that 
term in section 70101 of title 46. 
‘‘(iii) CATASTROPHIC INCIDENT.—The 
term ‘catastrophic incident’ means any 
natural disaster, act of terrorism, or other 
man-made disaster that results in extraor-
dinary levels of casualties or damage or 
disruption severely affecting the population 
(including mass evacuations), infrastruc-
ture, the environment, the economy, na-
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tional morale, or government functions in a 
geographic area. 
‘‘(F) EFFECTIVE DATE.—This paragraph 
shall apply with respect to secondary trans-
missions described under subparagraph (A) that 
are made after the end of the 30-day period be-
ginning on the effective date of the regulations 
issued by the Secretary of Homeland Security 
under subparagraph (C).’’. 
(e) LICENSE PROVIDED FOR CERTAIN NETWORKS OF 
NONCOMMERCIAL
EDUCATIONAL
BROADCAST
STA-
TIONS.—Section 119(a)(2)(C) is amended by adding at 
the end the following new clause: 
‘‘(vi) NETWORKS OF NONCOMMERCIAL 
EDUCATIONAL BROADCAST STATIONS.—In 
the case of a system of three or more non-
commercial educational broadcast stations 
licensed by a single State, public agency, 
or political, educational, or special purpose 
subdivision of a State, the statutory license 
provided for in subparagraph (A) shall 
apply to the secondary transmission of the 
primary transmission of such system to 
any subscriber in any county within such 
State, if such subscriber is located in a 
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designated market area that is not other-
wise eligible to receive the secondary trans-
mission of the primary transmission of a 
noncommercial educational broadcast sta-
tion located with the State pursuant to 
section 122(a).’’. 
(f) 
DEPOSIT
OF
STATEMENTS
AND
FEES; 
VERIFICATION PROCEDURES.—Section 119(b) is amend-
ed— 
(1) by amending the subsection heading to read 
as follows: ‘‘(b) DEPOSIT
OF STATEMENTS
AND 
FEES; VERIFICATION PROCEDURES.—’’; 
(2) in paragraph (1), by striking subparagraph 
(B) and inserting the following: 
‘‘(B) a royalty fee payable to copyright 
owners pursuant to paragraph (4) for that 6 
month period, computed by multiplying the 
total number of subscribers receiving each sec-
ondary transmission of a primary or multicast 
stream of each non-network station or network 
station during each calendar year month by the 
appropriate rate in effect under this sub-
section’’. 
(3) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively; 
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(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) VERIFICATION
OF
ACCOUNTS
AND
FEE 
PAYMENTS.—The Register of Copyrights shall issue 
regulations to permit interested parties to verify and 
audit the statements of account and royalty fees 
submitted by satellite carriers under this sub-
section.’’; 
(5) in paragraph (3), as redesignated, in the 
first sentence— 
(A) by inserting ‘‘(including the filing fee 
specified in paragraph (1)(C))’’ after ‘‘shall re-
ceive all fees’’; and 
(B) by striking ‘‘paragraph (4)’’ and in-
serting ‘‘paragraph (5)’’; 
(6) in paragraph (4), as redesignated— 
(A) by striking ‘‘paragraph (2)’’ and in-
serting ‘‘paragraph (3)’’; and 
(B) by striking ‘‘paragraph (4)’’ each place 
it appears and inserting ‘‘paragraph (5)’’; and 
(7) in paragraph (5), as redesignated, by strik-
ing ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 
(g) ADJUSTMENT
OF
ROYALTY
FEES.—Section 
119(c) is amended as follows: 
(1) Paragraph (1) is amended— 
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(A) in the heading for such paragraph, by 
striking ‘‘ANALOG’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘primary analog trans-
missions’’ and inserting ‘‘primary trans-
missions’’; and 
(ii) by striking ‘‘July 1, 2004’’ and in-
serting ‘‘July 1, 2009’’; 
(C) in subparagraph (B)— 
(i) by striking ‘‘January 2, 2005, the 
Librarian of Congress’’ and inserting 
‘‘January 4, 2010, the Copyright Royalty 
Judges’’; and 
(ii) by striking ‘‘primary analog trans-
mission’’ and inserting ‘‘primary trans-
missions’’; 
(D) in subparagraph (C), by striking ‘‘Li-
brarian of Congress’’ and inserting ‘‘Copyright 
Royalty Judges’’; 
(E) in subparagraph (D)— 
(i) in clause (i)— 
(I) by striking ‘‘(i) Voluntary 
agreements’’ and inserting the fol-
lowing: 
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‘‘(i) VOLUNTARY
AGREEMENTS; FIL-
ING.—Voluntary agreements’’; and 
(II) by striking ‘‘that a parties’’ 
and inserting ‘‘that are parties’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘(ii)(I) Within’’ 
and inserting the following: 
‘‘(ii) PROCEDURE FOR ADOPTION OF 
FEES.— 
‘‘(I) PUBLICATION OF NOTICE.— 
Within’’; 
(II) in subclause (I), by striking 
‘‘an arbitration proceeding pursuant 
to subparagraph (E)’’ and inserting 
‘‘a proceeding under subparagraph 
(F)’’; 
(III) in subclause (II), by strik-
ing ‘‘(II) Upon receiving a request 
under subclause (I), the Librarian of 
Congress’’ and inserting the following: 
‘‘(II) 
PUBLIC
NOTICE
OF 
FEES.—Upon 
receiving 
a 
request 
under subclause (I), the Copyright 
Royalty Judges’’; and 
(IV) in subclause (III)— 
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(aa) by striking ‘‘(III) The 
Librarian’’ and inserting the fol-
lowing: 
‘‘(III) ADOPTION OF FEES.—The 
Copyright Royalty Judges’’; 
(bb) by striking ‘‘an arbitra-
tion proceeding’’ and inserting 
‘‘the proceeding under subpara-
graph (F)’’; and 
(cc) by striking ‘‘the arbitra-
tion proceeding’’ and inserting 
‘‘that proceeding’’; 
(F) in subparagraph (E)— 
(i) by striking ‘‘Copyright Office’’ and 
inserting ‘‘Copyright Royalty Judges’’; and 
(ii) by striking ‘‘December 31, 2009’’ 
and inserting ‘‘December 31, 2014’’; and 
(G) in subparagraph (F)— 
(i) in the heading, by striking ‘‘COM-
PULSORY
ARBITRATION’’ and inserting ‘‘ 
COPYRIGHT
ROYALTY
JUDGES
PRO-
CEEDING’’; 
(ii) in clause (i)— 
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(I) in the heading, by striking 
‘‘PROCEEDINGS’’ and inserting ‘‘THE 
PROCEEDING’’; 
(II) in the matter preceding sub-
clause (I)— 
(aa) by striking ‘‘May 1, 
2005, the Librarian of Congress’’ 
and inserting ‘‘May 3, 2010, the 
Copyright Royalty Judges’’; 
(bb) by striking ‘‘arbitration 
proceedings’’ and inserting ‘‘a 
proceeding’’; 
(cc) by striking ‘‘fee to be 
paid’’ and inserting ‘‘fees to be 
paid’’; 
(dd) by striking ‘‘primary 
analog transmission’’ and insert-
ing ‘‘the primary transmissions’’; 
and 
(ee) by striking ‘‘distribu-
tors’’ and inserting ‘‘distribu-
tors—’’; 
(III) in subclause (II)— 
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(aa) by striking ‘‘Librarian 
of 
Congress’’ 
and 
inserting 
‘‘Copyright Royalty Judges’’; and 
(bb) by striking ‘‘arbitra-
tion’’; and 
(IV) by amending the last sen-
tence to read as follows: ‘‘Such pro-
ceeding shall be conducted under 
chapter 8.’’; 
(iii) in clause (ii), by amending the 
matter preceding subclause (I) to read as 
follows: 
‘‘(ii) ESTABLISHMENT
OF
ROYALTY 
FEES.—In determining royalty fees under 
this subparagraph, the Copyright Royalty 
Judges shall establish fees for the sec-
ondary transmissions of the primary trans-
missions of network stations and non-net-
work stations that most clearly represent 
the fair market value of secondary trans-
missions, except that the Copyright Roy-
alty Judges shall adjust royalty fees to ac-
count for the obligations of the parties 
under any applicable voluntary agreement 
filed with the Copyright Royalty Judges in 
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accordance with subparagraph (D). In de-
termining the fair market value, the 
Judges shall base their decision on eco-
nomic, competitive, and programming in-
formation presented by the parties, includ-
ing—’’; 
(iv) by amending clause (iii) to read 
as follows: 
‘‘(iii) EFFECTIVE DATE FOR DECISION 
OF
COPYRIGHT
ROYALTY
JUDGES.—The 
obligation to pay the royalty fees estab-
lished under a determination that is made 
by the Copyright Royalty Judges in a pro-
ceeding under this paragraph shall be ef-
fective as of January 1, 2010.’’; and 
(v) in clause (iv)— 
(I) in the heading, by striking 
‘‘FEE’’ and inserting ‘‘FEES’’; and 
(II) by striking ‘‘fee’’ and insert-
ing ‘‘fees’’. 
(2) Paragraph (2) is amended to read as fol-
lows: 
‘‘(2) ANNUAL
ROYALTY
FEE
ADJUSTMENT.— 
Effective January 1 of each year, the royalty fee 
payable under subsection (b)(1)(B) for the sec-
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ondary transmission of the primary transmissions of 
network stations and non-network stations shall be 
adjusted by the Copyright Royalty Judges to reflect 
any changes occurring in the cost of living as deter-
mined by the most recent Consumer Price Index (for 
all consumers and for all items) published by the 
Secretary of Labor before December 1 of the pre-
ceding year. Notification of the adjusted fees shall 
be published in the Federal Register at least 25 days 
before January 1.’’. 
(h) DEFINITIONS.— 
(1) SUBSCRIBER.—Section 119(d)(8) is amend-
ed to read as follows: 
‘‘(8) SUBSCRIBER; SUBSCRIBE.— 
‘‘(A) SUBSCRIBER.—The term ‘subscriber’ 
means a person or entity that receives a sec-
ondary transmission service from a satellite car-
rier and pays a fee for the service, directly or 
indirectly, to the satellite carrier or to a dis-
tributor. 
‘‘(B) SUBSCRIBE.—The term ‘subscribe’ 
means to elect to become a subscriber.’’. 
(2) LOW
POWER
TELEVISION
STATION.—Sec-
tion 119(d)(12) is amended by striking ‘‘low power 
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television as’’ and inserting ‘‘low power TV station 
as’’. 
(3) LOCAL
MARKET.—Section 119(d)(11) is 
amended to read as follows: 
‘‘(11) LOCAL MARKET.—The term ‘local mar-
ket’ has the meaning given such term under section 
122(j).’’. 
(4) NONCOMMERCIAL
EDUCATIONAL
BROAD-
CAST STATION.—Section 119(d) is amended— 
(A) in paragraph (2)(B), by striking ‘‘(as 
defined in section 397 of the Communications 
Act of 1934)’’; and 
(B) by adding at the end the following: 
‘‘(14) NONCOMMERCIAL EDUCATIONAL BROAD-
CAST
STATION.—The term ‘noncommercial edu-
cational broadcast station’ means a television broad-
cast station that— 
‘‘(A) under the rules and regulations of the 
Federal Communications Commission in effect 
on November 2, 1978, is eligible to be licensed 
by the Federal Communications Commission as 
a noncommercial educational television broad-
cast station and is owned and operated by a 
public agency or nonprofit private foundation, 
corporation, or association; or 
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‘‘(B) is owned and operated by a munici-
pality and transmits only noncommercial pro-
grams for education purposes.’’. 
(5) MULTICAST STREAM.—Section 119(d), as 
amended by paragraph (4), is further amended by 
adding at the end the following new paragraph: 
‘‘(15) 
MULTICAST
STREAM.—The 
term 
‘multicast stream’ means a digital stream containing 
programming and program-related material affili-
ated with a television network, other than the pri-
mary stream.’’. 
(6) PRIMARY
STREAM.—Section 119(d), as 
amended by paragraph (5), is further amended by 
adding at the end the following new paragraph: 
‘‘(16) PRIMARY STREAM.—The term ‘primary 
stream’ means— 
‘‘(A) the single digital stream of program-
ming as to which a television broadcast station 
has the right to mandatory carriage with a sat-
ellite carrier under the rules of the Federal 
Communications Commission in effect on July 
1, 2009; or 
‘‘(B) if there is no such stream, either— 
‘‘(i) the single digital stream of pro-
gramming associated with the network last 
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transmitted by the station as an analog 
signal; or 
‘‘(ii) the single digital stream of pro-
gramming affiliated with the network that, 
as of July 1, 2009, had been offered by the 
television broadcast station for the longest 
period of time.’’. 
(7) CLERICAL AMENDMENT.—Section 119(d) is 
amended in paragraphs (1), (2), and (5) by striking 
‘‘which’’ each place it appears and inserting ‘‘that’’. 
(i) SUPERSTATION REDESIGNATED
AS NON-NET-
WORK STATION.—Section 119 is amended— 
(1) by striking ‘‘superstation’’ each place it ap-
pears in a heading and each place it appears in text 
and inserting ‘‘non-network station’’; and 
(2) by striking ‘‘superstations’’ each place it ap-
pears in a heading and each place it appears in text 
and inserting ‘‘non-network stations’’. 
(j) LOW POWER TELEVISION STATIONS.—Section 
119(a)(15) is amended to read as follows: 
‘‘(15) SECONDARY
TRANSMISSIONS
OF
LOW 
POWER TELEVISION PROGRAMMING.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2)(B), and subject to subparagraphs (B) 
through (D) of this paragraph, the statutory li-
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cense provided for in paragraph (1) shall apply 
to the secondary transmission by a satellite car-
rier of the primary transmission of the pro-
gramming of a non-network station that is li-
censed as a low power television station, to a 
subscriber who resides within the same des-
ignated market area as the station that origi-
nates the programming signal. 
‘‘(B) NO
APPLICABILITY
TO
REPEATERS 
AND
TRANSLATORS.—Secondary transmissions 
provided for in subparagraph (A) shall not 
apply to any low power television station that 
retransmits the programs and signals of an-
other television station for more than 2 hours 
each day. 
‘‘(C) ROYALTY FEES.—A satellite carrier 
whose secondary transmission of the primary 
transmission of the programming of a low 
power television station is subject to statutory 
licensing under this section shall be subject to 
royalty payments under subsection (b)(1)(B) 
for any transmission to a subscriber outside of 
the local market of the low power television sta-
tion. 
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‘‘(D) LIMITATION TO SUBSCRIBERS TAK-
ING
LOCAL-INTO-LOCAL
SERVICE.—Secondary 
transmissions provided for in subparagraph (A) 
may be made by a satellite carrier only to sub-
scribers who receive secondary transmissions of 
primary transmissions from that satellite car-
rier pursuant to the statutory license under sec-
tion 122.’’. 
(k) REMOVAL OF SIGNIFICANTLY VIEWED PROVI-
SION.— 
(1) REMOVAL OF PROVISION.—Section 119(a), 
as amended by subsections (d) and (j), is amended 
by striking paragraph (3) and redesignating para-
graphs (4) through (17) as paragraphs (3) through 
(16), respectively. 
(2) CONFORMING AMENDMENTS.—Section 119 
is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘(5), 
(6), and (8)’’ and inserting ‘‘(4), (5), and 
(7)’’; 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by strik-
ing ‘‘paragraphs (5), (6), (7), and 
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(8)’’ and inserting ‘‘paragraphs (4), 
(5), (6), and (7)’’; 
(II) in subparagraph (B)(i), by 
striking the second sentence; and 
(III) in subparagraph (D), by 
striking clauses (i) and (ii) and insert-
ing the following: 
‘‘(i) INITIAL LISTS.—A satellite car-
rier that makes secondary transmissions of 
a primary transmission made by a network 
station pursuant to subparagraph (A) 
shall, not later than 90 days after com-
mencing such secondary transmissions, 
submit to the network that owns or is af-
filiated with the network station a list 
identifying (by name and address, includ-
ing street or rural route number, city, 
State, and 9-digit zip code) all subscribers 
to which the satellite carrier makes sec-
ondary transmissions of that primary 
transmission to subscribers in unserved 
households. 
‘‘(ii) MONTHLY LISTS.—After the sub-
mission of the initial lists under clause (i), 
the satellite carrier shall, not later than 
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the 15th of each month, submit to the net-
work a list identifying (by name and ad-
dress, including street or rural route num-
ber, city, State, and 9-digit zip code) any 
persons who have been added or dropped 
as subscribers under clause (i) since the 
last submission under clause (i).’’; and 
(iii) in subparagraph (E) of para-
graph (3) (as redesignated)— 
(I) by striking ‘‘under paragraph 
(3) or’’; and 
(II) by striking ‘‘paragraph (12)’’ 
and inserting ‘‘paragraph (11)’’; and 
(B) in subsection (b)(1), by striking the 
final sentence. 
(l) MODIFICATIONS TO PROVISIONS FOR SECONDARY 
TRANSMISSIONS BY SATELLITE CARRIERS.— 
(1) 
PREDICTIVE
MODEL.—Section 
119(a)(2)(B)(ii) is amended by adding at the end 
the following: 
‘‘(III) 
ACCURATE
PREDICTIVE 
MODEL
WITH
RESPECT
TO
DIGITAL 
SIGNALS.—Notwithstanding subclause 
(I), 
in 
determining 
presumptively 
whether a person resides in an 
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unserved household under subsection 
(d)(10)(A) with respect to digital sig-
nals, a court shall rely on a predictive 
model set forth by the Federal Com-
munications Commission pursuant to 
a rulemaking as provided in section 
339(c)(3) of the Communications Act 
of 1934 (47 U.S.C. 339(c)(3)), as 
that model may be amended by the 
Commission over time under such sec-
tion to increase the accuracy of that 
model. Until such time as the Com-
mission sets forth such model, a court 
shall rely on the predictive model as 
recommended by the Commission with 
respect to digital signals in its Report 
to Congress in ET Docket N. 05–182, 
FCC 05–199 (released December 9, 
2005).’’. 
(2) MODIFICATIONS
TO
STATUTORY
LICENSE 
WHERE
RETRANSMISSIONS
INTO
LOCAL
MARKET 
AVAILABLE.—Section 119(a)(3) (as redesignated) is 
amended— 
(A) by striking ‘‘analog’’ each place it ap-
pears in a heading and text; 
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(B) by striking subparagraphs (B), (C), 
and (D), and inserting the following: 
‘‘(B) RULES
FOR
LAWFUL
SUBSCRIBERS 
AS OF DATE OF ENACTMENT OF 2009 ACT.—In 
the case of a subscriber of a satellite carrier 
who, on the day before the date of the enact-
ment of the Satellite Home Viewer Reauthoriza-
tion Act of 2009, was lawfully receiving the sec-
ondary transmission of the primary trans-
mission of a network station under the statu-
tory license under paragraph (2) (in this sub-
paragraph referred to as the ‘distant signal’), 
other than subscribers to whom subparagraph 
(A) applies, the statutory license under para-
graph (2) shall apply to secondary trans-
missions by that satellite carrier to that sub-
scriber of the distant signal of a station affili-
ated with the same television network, and the 
subscriber’s household shall continue to be con-
sidered to be an unserved household with re-
spect to such network, until such time as the 
subscriber elects to terminate such secondary 
transmissions. 
‘‘(C) RULES
FOR
NEW
SUBSCRIBERS 
AFTER ENACTMENT OF 2009 ACT.—In the case 
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of a person who first seeks to subscribe with a 
satellite carrier, on or after the date of the en-
actment of the Satellite Home Viewer Reau-
thorization Act of 2009, to receive secondary 
transmissions of the primary transmission of a 
network station under the statutory license 
under paragraph (2) (in this subparagraph re-
ferred to as the ‘distant signal’), the following 
shall apply: 
‘‘(i) Except in a case in which clause 
(ii) applies, the statutory license under 
paragraph (2) shall apply to secondary 
transmissions by that satellite carrier to 
that subscriber of the distant signal of a 
station affiliated with the same television 
network, and the subscriber’s household 
shall continue to be considered an unserved 
household with respect to such network, 
until such time as the satellite carrier 
makes available to the subscriber and the 
subscriber receives from the satellite car-
rier the secondary transmission of the pri-
mary transmission of a primary stream or 
a multicast stream affiliated with that net-
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work and located in the subscriber’s local 
market. 
‘‘(ii) If, at the time such person seeks 
to so subscribe, the satellite carrier does 
not offer service in the subscriber’s local 
market pursuant to section 122, the statu-
tory license under paragraph (2) shall 
apply to secondary transmissions by that 
satellite carrier to that subscriber of the 
distant signal of a station affiliated with 
the same television network, and the sub-
scriber’s household shall continue to be 
considered an unserved household with re-
spect to such network, until such time as 
the subscriber elects to terminate such sec-
ondary transmissions.’’; 
(C) by redesignating subparagraphs (E), 
(F), and (G) as subparagraphs (D), (E), and 
(F), respectively; 
(D) in subparagraph (E) (as redesignated), 
by striking ‘‘(C) or (D)’’ and inserting ‘‘(B) or 
(C)’’; and 
(E) in subparagraph (F) (as redesignated), 
by inserting ‘‘9-digit’’ before ‘‘zip code’’. 
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(3) STATUTORY
DAMAGES
FOR
TERRITORIAL 
RESTRICTIONS.—Section 119(a)(6) (as redesignated) 
is amended— 
(A) in subparagraph (A)(ii), by striking 
‘‘$5’’ and inserting ‘‘$250’’; 
(B) in subparagraph (B)—— 
(i) 
in 
clause 
(i), 
by 
striking 
‘‘$250,000 for each 6-month period’’ and 
inserting ‘‘$2,500,000 for each 3-month 
period’’; and 
(ii) 
in 
clause 
(ii), 
by 
striking 
‘‘$250,000’’ and inserting ‘‘$2,500,000’’; 
and 
(C) by adding at the end the following 
flush sentence: 
‘‘The court shall direct one half of any statu-
tory damages ordered under clause (i) to be de-
posited with the Register of Copyrights for dis-
tribution to copyright owners pursuant to sub-
section (b). The Copyright Royalty Judges shall 
issue regulations establishing procedures for 
distributing such funds, on a proportional basis, 
to copyright owners whose works were included 
in the secondary transmissions that were the 
subject of the statutory damages.’’. 
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(4) 
CLERICAL
AMENDMENT.—Section 
119(a)(2)(B)(iii)(II) is amended by striking ‘‘In this 
clause’’ and inserting ‘‘In this clause,’’. 
(m) MORATORIUM EXTENSION.—Section 119(e) is 
amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 
(n) 
CLERICAL
AMENDMENTS.—Section 
119 
is 
amended— 
(1) by striking ‘‘of the Code of Federal Regula-
tions’’ each place it appears and inserting ‘‘, Code 
of Federal Regulations’’; and 
(2) in subsection (d)(6), by striking ‘‘or the Di-
rect’’ and inserting ‘‘, or the Direct’’. 
SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR 
SATELLITE CARRIERS IN LOCAL MARKETS. 
(a) HEADING RENAMED.— 
(1) IN GENERAL.—The heading of section 122 
is amended by striking ‘‘by satellite carriers 
within local markets’’ and inserting ‘‘of local 
television programming by satellite’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for chapter 1 is amended by striking the item 
relating to section 122 and inserting the following: 
‘‘122. Limitations on exclusive rights: Secondary transmissions of local television 
programming by satellite.’’. 
(b) STATUTORY LICENSE.—Section 122(a) is amend-
ed to read as follows: 
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‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MAR-
KETS.— 
‘‘(1) SECONDARY
TRANSMISSIONS
OF
TELE-
VISION BROADCAST STATIONS WITHIN A LOCAL MAR-
KET.—A secondary transmission of a performance 
or display of a work embodied in a primary trans-
mission of a television broadcast station into the sta-
tion’s local market shall be subject to statutory li-
censing under this section if— 
‘‘(A) the secondary transmission is made 
by a satellite carrier to the public; 
‘‘(B) with regard to secondary trans-
missions, the satellite carrier is in compliance 
with the rules, regulations, or authorizations of 
the Federal Communications Commission gov-
erning the carriage of television broadcast sta-
tion signals; and 
‘‘(C) the satellite carrier makes a direct or 
indirect charge for the secondary transmission 
to— 
‘‘(i) each subscriber receiving the sec-
ondary transmission; or 
‘‘(ii) a distributor that has contracted 
with the satellite carrier for direct or indi-
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rect delivery of the secondary transmission 
to the public. 
‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 
‘‘(A) IN GENERAL.—The statutory license 
under paragraph (1) shall apply to the sec-
ondary transmission of the primary trans-
mission of a network station or a non-network 
station to a subscriber who resides outside the 
station’s local market but within a community 
in which the signal has been determined by the 
Federal Communications Commission to be sig-
nificantly viewed in such community, pursuant 
to the rules, regulations, and authorizations of 
the Federal Communications Commission in ef-
fect on April 15, 1976, applicable to deter-
mining with respect to a cable system whether 
signals are significantly viewed in a community. 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall apply only to secondary transmissions of 
the primary transmissions of network stations 
or non-network stations to subscribers who re-
ceive secondary transmissions from a satellite 
carrier pursuant to the statutory license under 
paragraph (1). 
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‘‘(C) WAIVER.—A subscriber who is denied 
the secondary transmission of the primary 
transmission of a network station or a non-net-
work station under subparagraph (B) may re-
quest a waiver from such denial by submitting 
a request, through the subscriber’s satellite car-
rier, to the network station or non-network sta-
tion in the local market affiliated with the same 
network or non-network where the subscriber is 
located. The network station or non-network 
station shall accept or reject the subscriber’s re-
quest for a waiver within 30 days after receipt 
of the request. If the network station or non- 
network station fails to accept or reject the sub-
scriber’s request for a waiver within that 30- 
day period, that network station or non-network 
station shall be deemed to agree to the waiver 
request. 
‘‘(3) 
SECONDARY
TRANSMISSION
OF
LOW 
POWER PROGRAMMING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (D) of this paragraph, the 
statutory license provided under paragraph (1) 
shall apply to the secondary transmission by a 
satellite carrier of the primary transmission of 
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a network station or a non-network station that 
is licensed as a low power television station, to 
a subscriber who resides within the same local 
market as the station that originates the trans-
mission. 
‘‘(B) NO
APPLICABILITY
TO
REPEATERS 
AND
TRANSLATORS.—Secondary transmissions 
provided for in subparagraph (A) shall not 
apply to any low power television station that 
retransmits the programs and signals of an-
other television station for more than 2 hours 
each day. 
‘‘(C) LIMITATION TO SUBSCRIBERS TAKING 
LOCAL-INTO-LOCAL SERVICE.—Secondary trans-
missions by a satellite carrier provided for in 
subparagraph (A) may be made only to sub-
scribers who receive secondary transmissions of 
primary transmissions from that satellite car-
rier pursuant to the statutory license in para-
graph (1), and only in conformity with the re-
quirements under section 340(b) of the Com-
munications Act of 1934, as in effect on the 
date of the enactment of the Satellite Home 
Viewer Reauthorization Act of 2009. 
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(B) in subparagraph (A)— 
(i) by striking ‘‘a statement of ac-
count’’ and inserting ‘‘A statement of ac-
count’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(C) by striking subparagraphs (B), (C), 
and (D), and inserting the following: 
‘‘(B) Except in the case of a cable system 
whose royalty fee is specified in subparagraph 
(E) or (F), a total royalty fee payable to copy-
right owners pursuant to paragraph (3) for the 
period covered by the statement, computed on 
the basis of specified percentages of the gross 
receipts from subscribers to the cable service 
during such period for the basic service of pro-
viding secondary transmissions of primary 
broadcast transmitters, as follows: 
‘‘(i) 1.064 percent of such gross re-
ceipts for the privilege of further transmit-
ting, beyond the local service area of such 
primary transmitter, any non-network pro-
gramming of a primary transmitter in 
whole or in part, such amount to be ap-
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plied against the fee, if any, payable pursu-
ant to clauses (ii) through (iv); 
‘‘(ii) 1.064 percent of such gross re-
ceipts for the first distant signal equiva-
lent; 
‘‘(iii) 0.701 percent of such gross re-
ceipts for each of the second, third, and 
fourth distant signal equivalents; and 
‘‘(iv) 0.330 percent of such gross re-
ceipts for the fifth distant signal equivalent 
and each distant signal equivalent there-
after. 
‘‘(C) In computing amounts under clauses 
(ii) through (iv) of subparagraph (B)— 
‘‘(i) any fraction of a distant signal 
equivalent shall be computed at its frac-
tional value; 
‘‘(ii) in the case of any cable system 
located partly within and partly outside of 
the local service area of a primary trans-
mitter, gross receipts shall be limited to 
those gross receipts derived from sub-
scribers located outside of the local service 
area of such primary transmitter; and 
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‘‘(iii) if a cable system provides a sec-
ondary transmission of a primary trans-
mitter to some but not all communities 
served by that cable system— 
‘‘(I) the gross receipts and the 
distant signal equivalent values for 
such secondary transmission shall be 
derived solely on the basis of the sub-
scribers in those communities where 
the cable system provides such sec-
ondary transmission; and 
‘‘(II) the total royalty fee for the 
period paid by such system shall not 
be less than the royalty fee calculated 
under subparagraph (B)(i) multiplied 
by the gross receipts from all sub-
scribers to the system. 
‘‘(D) A cable system that, on a statement 
submitted before the date of the enactment of 
the Satellite Home Viewer Reauthorization Act 
of 2009, computed its royalty fee consistent 
with the methodology under subparagraph 
(C)(iii) or that amends a statement filed before 
such date of enactment to compute the royalty 
fee due using such methodology shall not be 
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