Satellite Television Extension and Localism Act of 2010
PL 111-175 (S.3333), enacted 05/27/2010

124 STAT. 1218 
PUBLIC LAW 111–175—MAY 27, 2010 
Public Law 111–175 
111th Congress 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Satellite 
Television Extension and Localism Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—STATUTORY LICENSES 
Sec. 101. Reference. 
Sec. 102. Modifications to statutory license for satellite carriers. 
Sec. 103. Modifications to statutory license for satellite carriers in local markets. 
Sec. 104. Modifications to cable system secondary transmission rights under section 
111. 
Sec. 105. Certain waivers granted to providers of local-into-local service for all 
DMAs. 
Sec. 106. Copyright Office fees. 
Sec. 107. Termination of license. 
Sec. 108. Construction. 
TITLE II—COMMUNICATIONS PROVISIONS 
Sec. 201. Reference. 
Sec. 202. Extension of authority. 
Sec. 203. Significantly viewed stations. 
Sec. 204. Digital television transition conforming amendments. 
Sec. 205. Application pending completion of rulemakings. 
Sec. 206. Process for issuing qualified carrier certification. 
Sec. 207. Nondiscrimination in carriage of high definition digital signals of non-
commercial educational television stations. 
Sec. 208. Savings clause regarding definitions. 
Sec. 209. State public affairs broadcasts. 
TITLE III—REPORTS AND SAVINGS PROVISION 
Sec. 301. Definition. 
Sec. 302. Report on market based alternatives to statutory licensing. 
Sec. 303. Report on communications implications of statutory licensing modifica-
tions. 
Sec. 304. Report on in-state broadcast programming. 
Sec. 305. Local network channel broadcast reports. 
Sec. 306. Savings provision regarding use of negotiated licenses. 
Sec. 307. Effective date; Noninfringement of copyright. 
TITLE IV—SEVERABILITY 
Sec. 401. Severability. 
TITLE V—DETERMINATION OF BUDGETARY EFFECTS 
Sec. 501. Determination of Budgetary Effects. 
17 USC 101 note. 
Satellite 
Television 
Extension and 
Localism Act of 
2010. 
May 27, 2010 
[S. 3333] 
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124 STAT. 1219 
PUBLIC LAW 111–175—MAY 27, 2010 
TITLE I—STATUTORY LICENSES 
SEC. 101. REFERENCE. 
Except as otherwise provided, whenever in this title an amend-
ment is made to a section or other provision, the reference shall 
be considered to be made to such section 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 network stations for pri-
vate home viewing’’ and inserting ‘‘distant television 
programming by satellite’’. 
(2) TABLE OF CONTENTS.—The table of contents 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 television 
programming by satellite.’’. 
(b) UNSERVED HOUSEHOLD DEFINED.— 
(1) IN GENERAL.—Section 119(d)(10) is amended— 
(A) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) cannot receive, through the use of an antenna, 
an over-the-air signal containing the primary stream, or, 
on or after the qualifying date, the multicast stream, origi-
nating in that household’s local market and affiliated with 
that network of— 
‘‘(i) if the signal originates as an analog signal, 
Grade B intensity as defined by the Federal Commu-
nications Commission in section 73.683(a) of title 47, 
Code of Federal Regulations, as in effect on January 
1, 1999; or 
‘‘(ii) if the signal originates as a digital signal, 
intensity defined in the values for the 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 Federal Regula-
tions), as such regulations may be amended from time 
to time;’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘subsection (a)(14)’’ and inserting 
‘‘subsection (a)(13),’’; and 
(ii) by striking ‘‘Satellite Home Viewer Extension 
and Reauthorization Act of 2004’’ and inserting ‘‘Sat-
ellite Television Extension and Localism Act of 2010’’; 
and 
(C) in subparagraph (D), by striking ‘‘(a)(12)’’ and 
inserting ‘‘(a)(11)’’. 
(2) QUALIFYING DATE DEFINED.—Section 119(d) is amended 
by adding at the end the following: 
‘‘(14) QUALIFYING
DATE.—The term ‘qualifying date’, for 
purposes of paragraph (10)(A), means— 
‘‘(A) October 1, 2010, for multicast streams that exist 
on March 31, 2010; and 
17 USC 119. 
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124 STAT. 1220 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(B) January 1, 2011, for all other multicast streams.’’. 
(c) FILING FEE.—Section 119(b)(1) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ after the semi-
colon 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) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCE-
DURES.—Section 119(b) is amended— 
(1) by amending the subsection heading to read as follows: 
‘‘(b) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCE-
DURES.—’’; 
(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 
secondary transmission of a primary stream or multicast 
stream of each non-network station or network station 
during each calendar year month by the appropriate rate 
in effect under this subsection; and’’; 
(3) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively; 
(4) by inserting after paragraph (1) the following: 
‘‘(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 receive all fees’’; and 
(B) by striking ‘‘paragraph (4)’’ and inserting ‘‘para-
graph (5)’’; 
(6) in paragraph (4), as redesignated— 
(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘para-
graph (3)’’; and 
(B) by striking ‘‘paragraph (4)’’ each place it appears 
and inserting ‘‘paragraph (5)’’; and 
(7) in paragraph (5), as redesignated, by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (3)’’. 
(e) ADJUSTMENT OF ROYALTY FEES.—Section 119(c) is amended 
as follows: 
(1) Paragraph (1) is amended— 
(A) in the heading for such paragraph, by striking 
‘‘ANALOG’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘primary analog transmissions’’ and 
inserting ‘‘primary transmissions’’; and 
(ii) by striking ‘‘July 1, 2004’’ and inserting ‘‘July 
1, 2009’’; 
(C) in subparagraph (B)— 
(i) by striking ‘‘January 2, 2005, the Librarian 
of Congress’’ and inserting ‘‘June 1, 2010, the Copyright 
Royalty Judges’’; and 
Regulations. 
17 USC 119. 
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124 STAT. 1221 
PUBLIC LAW 111–175—MAY 27, 2010 
(ii) by striking ‘‘primary analog transmission’’ and 
inserting ‘‘primary transmissions’’; 
(D) in subparagraph (C), by striking ‘‘Librarian of Con-
gress’’ and inserting ‘‘Copyright Royalty Judges’’; 
(E) in subparagraph (D)— 
(i) in clause (i)— 
(I) by striking ‘‘(i) Voluntary agreements’’ and 
inserting the following: 
‘‘(i) VOLUNTARY AGREEMENTS; FILING.—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 striking ‘‘(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 Roy-
alty Judges’’; and 
(IV) in subclause (III)— 
(aa) by striking ‘‘(III) The Librarian’’ and 
inserting the following: 
‘‘(III) ADOPTION OF FEES.—The Copyright Roy-
alty Judges’’; 
(bb) by striking ‘‘an arbitration pro-
ceeding’’ and inserting ‘‘the proceeding under 
subparagraph (F)’’; and 
(cc) by striking ‘‘the arbitration pro-
ceeding’’ and inserting ‘‘that proceeding’’; 
(F) in subparagraph (E)— 
(i) by striking ‘‘Copyright Office’’ and inserting 
‘‘Copyright Royalty Judges’’; and 
(ii) by striking ‘‘May 31, 2010’’ and inserting 
‘‘December 31, 2014’’; and 
(G) in subparagraph (F)— 
(i) in the heading, by striking ‘‘COMPULSORY 
ARBITRATION’’ and inserting ‘‘COPYRIGHT
ROYALTY 
JUDGES PROCEEDING’’; 
(ii) in clause (i)— 
(I) in the heading, by striking ‘‘PROCEEDINGS’’ 
and inserting ‘‘THE PROCEEDING’’; 
(II) in the matter preceding subclause (I)— 
(aa) by striking ‘‘May 1, 2005, the 
Librarian of Congress’’ and inserting ‘‘Sep-
tember 
1, 
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’’; 
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124 STAT. 1222 
PUBLIC LAW 111–175—MAY 27, 2010 
(dd) by striking ‘‘primary analog trans-
mission’’ and inserting ‘‘the primary trans-
missions’’; and 
(ee) 
by 
striking 
‘‘distributors’’ 
and 
inserting ‘‘distributors—’’; 
(III) in subclause (II)— 
(aa) by striking ‘‘Librarian of Congress’’ 
and inserting ‘‘Copyright Royalty Judges’’; and 
(bb) by striking ‘‘arbitration’’; and 
(IV) by amending the last sentence to read 
as follows: ‘‘Such proceeding shall be conducted 
under chapter 8.’’; 
(iii) in clause (ii), by amending the matter pre-
ceding subclause (I) to read as follows: 
‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In deter-
mining royalty fees under this subparagraph, the Copy-
right Royalty Judges shall establish fees for the sec-
ondary transmissions of the primary transmissions of 
network stations and non-network stations that most 
clearly represent the fair market value of secondary 
transmissions, except that the Copyright Royalty 
Judges shall adjust royalty fees to account for the 
obligations of the parties under any applicable vol-
untary agreement filed with the Copyright Royalty 
Judges in accordance with subparagraph (D). In deter-
mining the fair market value, the Judges shall base 
their decision on economic, competitive, and program-
ming information presented by the parties, including— 
’’; 
(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 established under a determination that is made 
by the Copyright Royalty Judges in a proceeding under 
this paragraph shall be effective 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 referred to in (iii)’’ and 
inserting ‘‘fees referred to in clause (iii)’’. 
(2) Paragraph (2) is amended to read as follows: 
‘‘(2) ANNUAL ROYALTY FEE ADJUSTMENT.—Effective January 
1 of each year, the royalty fee payable under subsection (b)(1)(B) 
for the secondary transmission of the primary transmissions 
of network stations and non-network stations shall be adjusted 
by the Copyright Royalty Judges to reflect any changes occur-
ring in the cost of living as determined 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 preceding year. Notification of the adjusted fees shall be 
published in the Federal Register at least 25 days before 
January 1.’’. 
(f) DEFINITIONS.— 
(1) SUBSCRIBER.—Section 119(d)(8) is amended to read as 
follows: 
‘‘(8) SUBSCRIBER; SUBSCRIBE.— 
17 USC 119. 
Notification. 
Federal Register, 
publication. 
Deadline. 
Effective date. 
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124 STAT. 1223 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(A) SUBSCRIBER.—The term ‘subscriber’ means a per-
son or entity that receives a secondary transmission service 
from a satellite carrier 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) LOCAL MARKET.—Section 119(d)(11) is amended to read 
as follows: 
‘‘(11) LOCAL
MARKET.—The term ‘local market’ has the 
meaning given such term under section 122(j).’’. 
(3) LOW
POWER
TELEVISION
STATION.—Section 119(d) is 
amended by striking paragraph (12) and redesignating para-
graphs (13) and (14) as paragraphs (12) and (13), respectively. 
(4) MULTICAST STREAM.—Section 119(d), as amended by 
paragraph (3), is further amended by adding at the end the 
following new paragraph: 
‘‘(14) MULTICAST
STREAM.—The term ‘multicast stream’ 
means a digital stream containing programming and program- 
related material affiliated with a television network, other than 
the primary stream.’’. 
(5) PRIMARY STREAM.—Section 119(d), as amended by para-
graph (4), is further amended by adding at the end the following 
new paragraph: 
‘‘(15) PRIMARY
STREAM.—The term ‘primary stream’ 
means— 
‘‘(A) the single digital stream of programming as to 
which a television broadcast station has the right to manda-
tory carriage with a satellite carrier under the rules of 
the Federal Communications Commission in effect on July 
1, 2009; or 
‘‘(B) if there is no stream described in subparagraph 
(A), then either— 
‘‘(i) the single digital stream of programming asso-
ciated with the network last transmitted by the station 
as an analog signal; or 
‘‘(ii) if there is no stream described in clause (i), 
then the single digital stream of programming affili-
ated with the network that, as of July 1, 2009, had 
been offered by the television broadcast station for 
the longest period of time.’’. 
(6) CLERICAL AMENDMENT.—Section 119(d) is amended in 
paragraphs (1), (2), and (5) by striking ‘‘which’’ each place 
it appears and inserting ‘‘that’’. 
(g) SUPERSTATION REDESIGNATED AS NON-NETWORK STATION.— 
Section 119 is amended— 
(1) by striking ‘‘superstation’’ each place it appears in a 
heading and each place it appears in text and inserting ‘‘non- 
network station’’; and 
(2) by striking ‘‘superstations’’ each place it appears in 
a heading and each place it appears in text and inserting 
‘‘non-network stations’’. 
(h) REMOVAL OF CERTAIN PROVISIONS.— 
(1) REMOVAL OF PROVISIONS.—Section 119(a) is amended— 
(A) in paragraph (2), by striking subparagraph (C) 
and redesignating subparagraph (D) as subparagraph (C); 
17 USC 119. 
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124 STAT. 1224 
PUBLIC LAW 111–175—MAY 27, 2010 
(B) by striking paragraph (3) and redesignating para-
graphs (4) through (14) as paragraphs (3) through (13), 
respectively; and 
(C) by striking paragraph (15) and redesignating para-
graph (16) as paragraph (14). 
(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 striking ‘‘subpara-
graphs (B) and (C) of this paragraph and para-
graphs (5), (6), (7), and (8)’’ and inserting ‘‘subpara-
graph (B) of this paragraph and paragraphs (4), 
(5), (6), and (7)’’; 
(II) in subparagraph (B)(i), by striking the 
second sentence; and 
(III) in subparagraph (C) (as redesignated), 
by striking clauses (i) and (ii) and inserting the 
following: 
‘‘(i) INITIAL LISTS.—A satellite carrier that makes 
secondary transmissions of a primary transmission 
made by a network station pursuant to subparagraph 
(A) shall, not later than 90 days after commencing 
such secondary transmissions, submit to the network 
that owns or is affiliated with the network station 
a list identifying (by name and address, including 
street or rural route number, city, State, and 9-digit 
zip code) all subscribers to which the satellite carrier 
makes secondary transmissions of that primary trans-
mission to subscribers in unserved households. 
‘‘(ii) MONTHLY LISTS.—After the submission of the 
initial lists under clause (i), the satellite carrier shall, 
not later than the 15th of each month, submit to the 
network a list, aggregated by designated market area, 
identifying (by name and address, including street or 
rural route number, city, State, and 9-digit zip code) 
any persons who have been added or dropped as sub-
scribers under clause (i) since the last submission 
under this subparagraph.’’; and 
(iii) in subparagraph (E) of paragraph (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. 
(i) MODIFICATIONS
TO PROVISIONS
FOR SECONDARY TRANS-
MISSIONS 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 unserved household 
under subsection (d)(10)(A) with respect to digital 
signals, a court shall rely on a predictive model 
Deadline. 
Deadline. 
17 USC 119. 
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124 STAT. 1225 
PUBLIC LAW 111–175—MAY 27, 2010 
set forth by the Federal Communications Commis-
sion pursuant to a rulemaking as provided in sec-
tion 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 
section to increase the accuracy of that model. 
Until such time as the Commission 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 
No. 
05–182, 
FCC 
05–199 
(released 
December 9, 2005).’’. 
(2) MODIFICATIONS TO STATUTORY LICENSE WHERE RETRANS-
MISSIONS INTO LOCAL MARKET AVAILABLE.—Section 119(a)(3) (as 
redesignated) is amended— 
(A) by striking ‘‘analog’’ each place it appears in a 
heading and text; 
(B) by striking subparagraphs (B), (C), and (D), and 
inserting the following: 
‘‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF DATE OF 
ENACTMENT OF 2010 ACT.—In the case of a subscriber of 
a satellite carrier who, on the day before the date of the 
enactment of the Satellite Television Extension and 
Localism Act of 2010, was lawfully receiving the secondary 
transmission of the primary transmission of a network 
station under the statutory license under paragraph (2) 
(in this subparagraph referred to as the ‘distant signal’), 
other than subscribers to whom subparagraph (A) 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 to be an unserved household 
with respect to such network, until such time as the sub-
scriber elects to terminate such secondary transmissions, 
whether or not the subscriber elects to subscribe to receive 
the secondary transmission of the primary transmission 
of a local network station affiliated with the same network 
pursuant to the statutory license under section 122. 
‘‘(C) FUTURE APPLICABILITY.— 
‘‘(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME OF 
SUBSCRIPTION.—The statutory license under paragraph 
(2) shall not apply to the secondary transmission by 
a satellite carrier of the primary transmission of a 
network station to a person who is not a subscriber 
lawfully receiving such secondary transmission as of 
the date of the enactment of the Satellite Television 
Extension and Localism Act of 2010 and, at the time 
such person seeks to subscribe to receive such sec-
ondary transmission, resides in a local market where 
the satellite carrier makes available to that person 
the secondary transmission of the primary trans-
mission of a local network station affiliated with the 
same network pursuant to the statutory license under 
section 122. 
Applicability. 
117 USC 119. 
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124 STAT. 1226 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(ii) 
WHEN
LOCAL
SIGNAL
AVAILABLE
AFTER 
SUBSCRIPTION.—In the case of a subscriber who law-
fully subscribes to and receives the secondary trans-
mission by a satellite carrier of the primary trans-
mission of a network station under the statutory 
license under paragraph (2) (in this clause referred 
to as the ‘distant signal’) on or after the date of the 
enactment of the Satellite Television Extension and 
Localism Act of 2010, the statutory license under para-
graph (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 to be an unserved household with 
respect to such network, until such time as the sub-
scriber elects to terminate such secondary trans-
missions, but only if such subscriber subscribes to the 
secondary transmission of the primary transmission 
of a local network station affiliated with the same 
network within 60 days after the satellite carrier 
makes available to the subscriber such secondary 
transmission of the primary transmission of such local 
network station.’’; 
(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’’. 
(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 sentences: 
‘‘The court shall direct one half of any statutory damages 
ordered under clause (i) to be deposited with the Register 
of Copyrights for distribution to copyright owners pursuant 
to subsection (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.’’. 
(4) TECHNICAL AMENDMENT.—Section 119(a)(4) (as redesig-
nated) is amended by striking ‘‘and 509’’. 
(5) CLERICAL AMENDMENT.—Section 119(a)(2)(B)(iii)(II) is 
amended by striking ‘‘In this clause’’ and inserting ‘‘In this 
clause,’’. 
(j) MORATORIUM EXTENSION.—Section 119(e) is amended by 
striking ‘‘May 31, 2010’’ and inserting ‘‘December 31, 2014’’. 
(k) CLERICAL AMENDMENTS.—Section 119 is amended— 
Regulations. 
Procedures. 
Courts. 
17 USC 119. 
Deadline. 
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124 STAT. 1227 
PUBLIC LAW 111–175—MAY 27, 2010 
(1) by striking ‘‘of the Code of Federal Regulations’’ each 
place it appears and inserting ‘‘, Code of Federal Regulations’’; 
and 
(2) in subsection (d)(6), by striking ‘‘or the Direct’’ 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 sat-
ellite’’. 
(2) TABLE OF CONTENTS.—The table of contents 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 amended to read 
as follows: 
‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL MARKETS.— 
‘‘(1) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST 
STATIONS WITHIN A LOCAL MARKET.—A secondary transmission 
of a performance or display of a work embodied in a primary 
transmission of a television broadcast station into the station’s 
local market shall be subject to statutory licensing under this 
section if— 
‘‘(A) the secondary transmission is made by a satellite 
carrier to the public; 
‘‘(B) with regard to secondary transmissions, the sat-
ellite carrier is in compliance with the rules, regulations, 
or authorizations of the Federal Communications Commis-
sion governing the carriage of television broadcast station 
signals; and 
‘‘(C) the satellite carrier makes a direct or indirect 
charge for the secondary transmission to— 
‘‘(i) each subscriber receiving the secondary trans-
mission; or 
‘‘(ii) a distributor that has contracted with the 
satellite carrier for direct or indirect delivery of the 
secondary transmission to the public. 
‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— 
‘‘(A) IN
GENERAL.—A secondary transmission of a 
performance or display of a work embodied in a primary 
transmission of a television broadcast station to subscribers 
who receive secondary transmissions of primary trans-
missions under paragraph (1) shall be subject to statutory 
licensing under this paragraph if the secondary trans-
mission is of the primary transmission 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 Communica-
tions Commission to be significantly viewed in such commu-
nity, pursuant to the rules, regulations, and authorizations 
of the Federal Communications Commission in effect on 
April 15, 1976, applicable to determining with respect to 
Applicability. 
17 USC 122. 
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124 STAT. 1228 
PUBLIC LAW 111–175—MAY 27, 2010 
a cable system whether signals are significantly viewed 
in a community. 
‘‘(B) WAIVER.—A subscriber who is denied the sec-
ondary transmission of the primary transmission of a net-
work station or a non-network station under subparagraph 
(A) may request a waiver from such denial by submitting 
a request, through the subscriber’s satellite carrier, to the 
network station or non-network station in the local market 
affiliated with the same network or non-network where 
the subscriber is located. The network station or non-net-
work station shall accept or reject the subscriber’s request 
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 subscriber’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 PROGRAM-
MING.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), a secondary transmission of a performance or display 
of a work embodied in a primary transmission of a tele-
vision broadcast station to subscribers who receive sec-
ondary transmissions of primary transmissions under para-
graph (1) shall be subject to statutory licensing under 
this paragraph if the secondary transmission is of the 
primary transmission of a television broadcast station that 
is licensed as a low power television station, to a subscriber 
who resides within the same designated market area as 
the station that originates the transmission. 
‘‘(B) NO
APPLICABILITY
TO
REPEATERS
AND
TRANS-
LATORS.—Secondary transmissions provided for in subpara-
graph (A) shall not apply to any low power television sta-
tion that retransmits the programs and signals of another 
television station for more than 2 hours each day. 
‘‘(C) NO IMPACT ON OTHER SECONDARY TRANSMISSIONS 
OBLIGATIONS.—A satellite carrier that makes secondary 
transmissions of a primary transmission of a low power 
television station under a statutory license provided under 
this section is not required, by reason of such secondary 
transmissions, to make any other secondary transmissions. 
‘‘(4) SPECIAL EXCEPTIONS.—A secondary transmission of a 
performance or display of a work embodied in a primary trans-
mission of a television broadcast station to subscribers who 
receive secondary transmissions of primary transmissions 
under paragraph (1) shall, if the secondary transmission is 
made by a satellite carrier that complies with the requirements 
of paragraph (1), be subject to statutory licensing under this 
paragraph as follows: 
‘‘(A) STATES WITH SINGLE FULL-POWER NETWORK STA-
TION.—In a State in which there is licensed by the Federal 
Communications Commission a single full-power station 
that was a network station on January 1, 1995, the statu-
tory license provided for in this paragraph shall apply 
to the secondary transmission by a satellite carrier of the 
primary transmission of that station to any subscriber in 
a community that is located within that State and that 
is not within the first 50 television markets as listed in 
Applicability. 
Deadline. 
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124 STAT. 1229 
PUBLIC LAW 111–175—MAY 27, 2010 
the regulations of the Commission as in effect on such 
date (47 C.F.R. 76.51). 
‘‘(B) STATES WITH ALL NETWORK STATIONS AND NON- 
NETWORK STATIONS IN SAME LOCAL MARKET.—In a State 
in which all network stations and non-network stations 
licensed by the Federal Communications Commission 
within that State as of January 1, 1995, are assigned 
to the same local market and that local market does not 
encompass all counties of that State, the statutory license 
provided under this paragraph shall apply to the secondary 
transmission by a satellite carrier of the primary trans-
missions of such station to all subscribers in the State 
who reside in a local market that is within the first 50 
major television markets as listed in the regulations of 
the Commission as in effect on such date (section 76.51 
of title 47, Code of Federal Regulations). 
‘‘(C) ADDITIONAL STATIONS.—In the case of that State 
in which are located 4 counties that— 
‘‘(i) on January 1, 2004, were in local markets 
principally comprised of counties in another State, and 
‘‘(ii) had a combined total of 41,340 television 
households, according to the U.S. Television Household 
Estimates by Nielsen Media Research for 2004, 
the statutory license provided under this paragraph shall 
apply to secondary transmissions by a satellite carrier to 
subscribers in any such county of the primary trans-
missions of any network station located in that State, if 
the satellite carrier was making such secondary trans-
missions to any subscribers in that county on January 
1, 2004. 
‘‘(D) CERTAIN
ADDITIONAL
STATIONS.—If 2 adjacent 
counties in a single State are in a local market comprised 
principally of counties located in another State, the statu-
tory license provided for in this paragraph shall apply 
to the secondary transmission by a satellite carrier to sub-
scribers in those 2 counties of the primary transmissions 
of any network station located in the capital of the State 
in which such 2 counties are located, if— 
‘‘(i) the 2 counties are located in a local market 
that is in the top 100 markets for the year 2003 
according to Nielsen Media Research; and 
‘‘(ii) the total number of television households in 
the 2 counties combined did not exceed 10,000 for 
the year 2003 according to Nielsen Media Research. 
‘‘(E) NETWORKS
OF
NONCOMMERCIAL
EDUCATIONAL 
BROADCAST STATIONS.—In the case of a system of three 
or more noncommercial educational broadcast stations 
licensed to a single State, public agency, or political, edu-
cational, or special purpose subdivision of a State, the 
statutory license provided for in this paragraph shall apply 
to the secondary transmission of the primary transmission 
of such system to any subscriber in any county or county 
equivalent within such State, if such subscriber is located 
in a designated market area that is not otherwise eligible 
to receive the secondary transmission of the primary trans-
mission of a noncommercial educational broadcast station 
located within the State pursuant to paragraph (1). 
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124 STAT. 1230 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(5) APPLICABILITY OF ROYALTY RATES AND PROCEDURES.— 
The royalty rates and procedures under section 119(b) shall 
apply to the secondary transmissions to which the statutory 
license under paragraph (4) applies.’’. 
(c) REPORTING REQUIREMENTS.—Section 122(b) is amended— 
(1) in paragraph (1), by striking ‘‘station a list’’ and all 
that follows through the end and inserting the following: ‘‘sta-
tion— 
‘‘(A) a list identifying (by name in alphabetical order 
and street address, including county and 9-digit zip code) 
all subscribers to which the satellite carrier makes sec-
ondary transmissions of that primary transmission under 
subsection (a); and 
‘‘(B) a separate list, aggregated by designated market 
area (by name and address, including street or rural route 
number, city, State, and 9-digit zip code), which shall 
indicate those subscribers being served pursuant to para-
graph (2) of subsection (a).’’; and 
(2) in paragraph (2), by striking ‘‘network a list’’ and all 
that follows through the end and inserting the following: ‘‘net-
work— 
‘‘(A) a list identifying (by name in alphabetical order 
and street address, including county and 9-digit zip code) 
any subscribers who have been added or dropped as sub-
scribers since the last submission under this subsection; 
and 
‘‘(B) a separate list, aggregated by designated market 
area (by name and street address, including street or rural 
route number, city, State, and 9-digit zip code), identifying 
those subscribers whose service pursuant to paragraph (2) 
of subsection (a) has been added or dropped since the 
last submission under this subsection.’’. 
(d) NO
ROYALTY
FEE
FOR
CERTAIN
SECONDARY
TRANS-
MISSIONS.—Section 122(c) is amended— 
(1) in the heading, by inserting ‘‘FOR CERTAIN SECONDARY 
TRANSMISSIONS’’ after ‘‘REQUIRED’’; and 
(2) by striking ‘‘subsection (a)’’ and inserting ‘‘paragraphs 
(1), (2), and (3) of subsection (a)’’. 
(e) VIOLATIONS FOR TERRITORIAL RESTRICTIONS.— 
(1) MODIFICATION TO STATUTORY DAMAGES.—Section 122(f) 
is amended— 
(A) in paragraph (1)(B), by striking ‘‘$5’’ and inserting 
‘‘$250’’; and 
(B) in paragraph (2), by striking ‘‘$250,000’’ each place 
it appears and inserting ‘‘$2,500,000’’. 
(2) CONFORMING AMENDMENTS FOR ADDITIONAL STATIONS.— 
Section 122 is amended— 
(A) in subsection (f), by striking ‘‘section 119 or’’ each 
place it appears and inserting the following: ‘‘section 119, 
subject to statutory licensing by reason of paragraph (2)(A), 
(3), or (4) of subsection (a), or subject to’’; and 
(B) in subsection (g), by striking ‘‘section 119 or’’ and 
inserting the following: ‘‘section 119, paragraph (2)(A), (3), 
or (4) of subsection (a), or’’. 
(f) DEFINITIONS.—Section 122(j) is amended— 
(1) in paragraph (1), by striking ‘‘which contracts’’ and 
inserting ‘‘that contracts’’; 
17 USC 122. 
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124 STAT. 1231 
PUBLIC LAW 111–175—MAY 27, 2010 
(2) by redesignating paragraphs (4) and (5) as paragraphs 
(6) and (7), respectively; 
(3) in paragraph (3)— 
(A) by redesignating such paragraph as paragraph (4); 
(B) in the heading of such paragraph, by inserting 
‘‘NON-NETWORK STATION;’’ after ‘‘NETWORK STATION;’’; and 
(C) by inserting ‘‘ ‘non-network station’,’’ after ‘‘ ‘net-
work station’,’’; 
(4) by inserting after paragraph (2) the following: 
‘‘(3) LOW POWER TELEVISION STATION.—The term ‘low power 
television station’ means a low power TV station as defined 
in 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.’’; 
(5) by inserting after paragraph (4) (as redesignated) the 
following: 
‘‘(5) NONCOMMERCIAL EDUCATIONAL BROADCAST STATION.— 
The term ‘noncommercial educational broadcast station’ means 
a television broadcast station that is a noncommercial edu-
cational broadcast station as defined in section 397 of the 
Communications Act of 1934, as in effect on the date of the 
enactment of the Satellite Television Extension and Localism 
Act of 2010.’’; and 
(6) by amending paragraph (6) (as redesignated) to read 
as follows: 
‘‘(6) SUBSCRIBER.—The term ‘subscriber’ means a person 
or entity that receives a secondary transmission service from 
a satellite carrier and pays a fee for the service, directly or 
indirectly, to the satellite carrier or to a distributor.’’. 
SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY TRANS-
MISSION 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 program-
ming by cable’’. 
(2) TABLE OF CONTENTS.—The table of contents 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) TECHNICAL AMENDMENT.—Section 111(a)(4) is amended by 
striking ‘‘; or’’ and inserting ‘‘or section 122;’’. 
(c) STATUTORY LICENSE
FOR SECONDARY TRANSMISSIONS
BY 
CABLE SYSTEMS.—Section 111(d) is amended— 
(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:’’; 
(B) in subparagraph (A)— 
17 USC 111. 
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124 STAT. 1232 
PUBLIC LAW 111–175—MAY 27, 2010 
(i) by striking ‘‘a statement of account’’ and 
inserting ‘‘A statement of account’’; 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 copyright 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 providing secondary transmissions 
of primary broadcast transmitters, as follows: 
‘‘(i) 1.064 percent of such gross receipts for the 
privilege of further transmitting, beyond the local 
service area of such primary transmitter, any non- 
network programming of a primary transmitter in 
whole or in part, such amount to be applied against 
the fee, if any, payable pursuant to clauses (ii) through 
(iv); 
‘‘(ii) 1.064 percent of such gross receipts for the 
first distant signal equivalent; 
‘‘(iii) 0.701 percent of such gross receipts for each 
of the second, third, and fourth distant signal equiva-
lents; and 
‘‘(iv) 0.330 percent of such gross receipts for the 
fifth distant signal equivalent and each distant signal 
equivalent thereafter. 
‘‘(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 fractional value; 
‘‘(ii) in the case of any cable system located partly 
within and partly outside of the local service area 
of a primary transmitter, gross receipts shall be limited 
to those gross receipts derived from subscribers located 
outside of the local service area of such primary trans-
mitter; and 
‘‘(iii) if a cable system provides a secondary trans-
mission of a primary transmitter 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 secondary 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 subscribers to the 
system. 
‘‘(D) A cable system that, on a statement submitted 
before the date of the enactment of the Satellite Television 
Extension and Localism Act of 2010, computed its royalty 
fee consistent with the methodology under subparagraph 
(C)(iii), or that amends a statement filed before such date 
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124 STAT. 1233 
PUBLIC LAW 111–175—MAY 27, 2010 
of enactment to compute the royalty fee due using such 
methodology, shall not be subject to an action for infringe-
ment, or eligible for any royalty refund or offset, arising 
out of its use of such methodology on such statement. 
‘‘(E) If the actual gross receipts paid by subscribers 
to a cable system for the period covered by the statement 
for the basic service of providing secondary transmissions 
of primary broadcast transmitters are $263,800 or less— 
‘‘(i) gross receipts of the cable system for the pur-
pose of this paragraph shall be computed by sub-
tracting from such actual gross receipts the amount 
by which $263,800 exceeds such actual gross receipts, 
except that in no case shall a cable system’s gross 
receipts be reduced to less than $10,400; and 
‘‘(ii) the royalty fee payable under this paragraph 
to copyright owners pursuant to paragraph (3) shall 
be 0.5 percent, regardless of the number of distant 
signal equivalents, if any. 
‘‘(F) If the actual gross receipts paid by subscribers 
to a cable system for the period covered by the statement 
for the basic service of providing secondary transmissions 
of primary broadcast transmitters are more than $263,800 
but less than $527,600, the royalty fee payable under this 
paragraph to copyright owners pursuant to paragraph (3) 
shall be— 
‘‘(i) 0.5 percent of any gross receipts up to $263,800, 
regardless of the number of distant signal equivalents, 
if any; and 
‘‘(ii) 1 percent of any gross receipts in excess of 
$263,800, but less than $527,600, regardless of the 
number of distant signal equivalents, if any. 
‘‘(G) A filing fee, as determined by the Register of 
Copyrights pursuant to section 708(a).’’; 
(2) in paragraph (2), in the first sentence— 
(A) by striking ‘‘The Register of Copyrights’’ and 
inserting the following ‘‘HANDLING OF FEES.—The Register 
of Copyrights’’; and 
(B) by inserting ‘‘(including the filing fee specified in 
paragraph (1)(G))’’ after ‘‘shall receive all fees’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘The royalty fees’’ and inserting the 
following: ‘‘DISTRIBUTION OF ROYALTY FEES TO COPYRIGHT 
OWNERS.—The royalty fees’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘any such’’ and inserting ‘‘Any such’’; 
and 
(ii) by striking ‘‘; and’’ and inserting a period; 
(C) in subparagraph (B)— 
(i) by striking ‘‘any such’’ and inserting ‘‘Any such’’; 
and 
(ii) by striking the semicolon and inserting a 
period; and 
(D) in subparagraph (C), by striking ‘‘any such’’ and 
inserting ‘‘Any such’’; 
(4) in paragraph (4), by striking ‘‘The royalty fees’’ and 
inserting the following: ‘‘PROCEDURES FOR ROYALTY FEE DIS-
TRIBUTION.—The royalty fees’’; and 
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124 STAT. 1234 
PUBLIC LAW 111–175—MAY 27, 2010 
(5) by adding at the end the following new paragraphs: 
‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EXCLUSIVITY SUR-
CHARGE NOT APPLICABLE TO MULTICAST STREAMS.—The royalty 
rates specified in sections 256.2(c) and 256.2(d) of title 37, 
Code of Federal Regulations (commonly referred to as the ‘3.75 
percent rate’ and the ‘syndicated exclusivity surcharge’, respec-
tively), as in effect on the date of the enactment of the Satellite 
Television Extension and Localism Act of 2010, as such rates 
may be adjusted, or such sections redesignated, thereafter by 
the Copyright Royalty Judges, shall not apply to the secondary 
transmission of a multicast stream. 
‘‘(6) VERIFICATION OF ACCOUNTS AND FEE PAYMENTS.—The 
Register of Copyrights shall issue regulations to provide for 
the confidential verification by copyright owners whose works 
were embodied in the secondary transmissions of primary trans-
missions pursuant to this section of the information reported 
on the semiannual statements of account filed under this sub-
section for accounting periods beginning on or after January 
1, 2010, in order that the auditor designated under subpara-
graph (A) is able to confirm the correctness of the calculations 
and royalty payments reported therein. The regulations shall— 
‘‘(A) establish procedures for the designation of a quali-
fied independent auditor— 
‘‘(i) with exclusive authority to request verification 
of such a statement of account on behalf of all copyright 
owners whose works were the subject of secondary 
transmissions of primary transmissions by the cable 
system (that deposited the statement) during the 
accounting period covered by the statement; and 
‘‘(ii) who is not an officer, employee, or agent of 
any such copyright owner for any purpose other than 
such audit; 
‘‘(B) establish procedures for safeguarding all non- 
public financial and business information provided under 
this paragraph; 
‘‘(C)(i) require a consultation period for the independent 
auditor to review its conclusions with a designee of the 
cable system; 
‘‘(ii) establish a mechanism for the cable system to 
remedy any errors identified in the auditor’s report and 
to cure any underpayment identified; and 
‘‘(iii) provide an opportunity to remedy any disputed 
facts or conclusions; 
‘‘(D) limit the frequency of requests for verification 
for a particular cable system and the number of audits 
that a multiple system operator can be required to undergo 
in a single year; and 
‘‘(E) permit requests for verification of a statement 
of account to be made only within 3 years after the last 
day of the year in which the statement of account is filed. 
‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.—Any royalty 
fee payments received by the Copyright Office from cable sys-
tems for the secondary transmission of primary transmissions 
that are in addition to the payments calculated and deposited 
in accordance with this subsection shall be deemed to have 
been deposited for the particular accounting period for which 
Regulations. 
Time period. 
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124 STAT. 1235 
PUBLIC LAW 111–175—MAY 27, 2010 
they are received and shall be distributed as specified under 
this subsection.’’. 
(d) EFFECTIVE DATE OF NEW ROYALTY FEE RATES.—The royalty 
fee rates established in section 111(d)(1)(B) of title 17, United 
States Code, as amended by subsection (c)(1)(C) of this section, 
shall take effect commencing with the first accounting period occur-
ring in 2010. 
(e) DEFINITIONS.—Section 111(f) is amended— 
(1) by striking the first undesignated paragraph and 
inserting the following: 
‘‘(1) PRIMARY TRANSMISSION.—A ‘primary transmission’ is 
a transmission made to the public by a transmitting facility 
whose signals are being received and further transmitted by 
a secondary transmission service, regardless of where or when 
the performance or display was first transmitted. In the case 
of a television broadcast station, the primary stream and any 
multicast streams transmitted by the station constitute primary 
transmissions.’’; 
(2) in the second undesignated paragraph— 
(A) by striking ‘‘A ‘secondary transmission’ ’’ and 
inserting the following: 
‘‘(2) 
SECONDARY
TRANSMISSION.—A 
‘secondary 
trans-
mission’ ’’; and 
(B) by striking ‘‘ ‘cable system’ ’’ and inserting ‘‘cable 
system’’; 
(3) in the third undesignated paragraph— 
(A) by striking ‘‘A ‘cable system’ ’’ and inserting the 
following: 
‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; and 
(B) by striking ‘‘Territory, Trust Territory, or Posses-
sion’’ and inserting ‘‘territory, trust territory, or possession 
of the United States’’; 
(4) in the fourth undesignated paragraph, in the first sen-
tence— 
(A) by striking ‘‘The ‘local service area of a primary 
transmitter’, in the case of a television broadcast station, 
comprises the area in which such station is entitled to 
insist’’ and inserting the following: 
‘‘(4) LOCAL SERVICE AREA OF A PRIMARY TRANSMITTER.— 
The ‘local service area of a primary transmitter’, in the case 
of both the primary stream and any multicast streams trans-
mitted by a primary transmitter that is a television broadcast 
station, comprises the area where such primary transmitter 
could have insisted’’; 
(B) by striking ‘‘76.59 of title 47 of the Code of Federal 
Regulations’’ and inserting the following: ‘‘76.59 of title 
47, Code of Federal Regulations, or within the noise-limited 
contour as defined in 73.622(e)(1) of title 47, Code of Fed-
eral Regulations’’; and 
(C) by striking ‘‘as defined by the rules and regulations 
of the Federal Communications Commission,’’; 
(5) by amending the fifth undesignated paragraph to read 
as follows: 
‘‘(5) DISTANT SIGNAL EQUIVALENT.— 
‘‘(A) IN GENERAL.—Except as provided under subpara-
graph (B), a ‘distant signal equivalent’— 
17 USC 111. 
17 USC 111 note. 
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124 STAT. 1236 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(i) is the value assigned to the secondary trans-
mission of any non-network television programming 
carried by a cable system in whole or in part beyond 
the local service area of the primary transmitter of 
such programming; and 
‘‘(ii) is computed by assigning a value of one to 
each primary stream and to each multicast stream 
(other than a simulcast) that is an independent station, 
and by assigning a value of one-quarter to each pri-
mary stream and to each multicast stream (other than 
a simulcast) that is a network station or a noncommer-
cial educational station. 
‘‘(B) EXCEPTIONS.—The values for independent, net-
work, and noncommercial educational stations specified in 
subparagraph (A) are subject to the following: 
‘‘(i) Where the rules and regulations of the Federal 
Communications Commission require a cable system 
to omit the further transmission of a particular pro-
gram and such rules and regulations also permit the 
substitution of another program embodying a perform-
ance or display of a work in place of the omitted 
transmission, or where such rules and regulations in 
effect on the date of the enactment of the Copyright 
Act of 1976 permit a cable system, at its election, 
to effect such omission and substitution of a nonlive 
program or to carry additional programs not trans-
mitted by primary transmitters within whose local 
service area the cable system is located, no value shall 
be assigned for the substituted or additional program. 
‘‘(ii) Where the rules, regulations, or authorizations 
of the Federal Communications Commission in effect 
on the date of the enactment of the Copyright Act 
of 1976 permit a cable system, at its election, to omit 
the further transmission of a particular program and 
such rules, regulations, or authorizations also permit 
the substitution of another program embodying a 
performance or display of a work in place of the omitted 
transmission, the value assigned for the substituted 
or additional program shall be, in the case of a live 
program, the value of one full distant signal equivalent 
multiplied by a fraction that has as its numerator 
the number of days in the year in which such substi-
tution occurs and as its denominator the number of 
days in the year. 
‘‘(iii) In the case of the secondary transmission 
of a primary transmitter that is a television broadcast 
station pursuant to the late-night or specialty program-
ming rules of the Federal Communications Commis-
sion, or the secondary transmission of a primary trans-
mitter that is a television broadcast station on a part- 
time basis where full-time carriage is not possible 
because the cable system lacks the activated channel 
capacity to retransmit on a full-time basis all signals 
that it is authorized to carry, the values for inde-
pendent, network, and noncommercial educational sta-
tions set forth in subparagraph (A), as the case may 
be, shall be multiplied by a fraction that is equal 
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124 STAT. 1237 
PUBLIC LAW 111–175—MAY 27, 2010 
to the ratio of the broadcast hours of such primary 
transmitter retransmitted by the cable system to the 
total broadcast hours of the primary transmitter. 
‘‘(iv) No value shall be assigned for the secondary 
transmission of the primary stream or any multicast 
streams of a primary transmitter that is a television 
broadcast station in any community that is within 
the local service area of the primary transmitter.’’; 
(6) by striking the sixth undesignated paragraph and 
inserting the following: 
‘‘(6) NETWORK STATION.— 
‘‘(A) TREATMENT OF PRIMARY STREAM.—The term ‘net-
work station’ shall be applied to a primary stream of a 
television broadcast station that is owned or operated by, 
or affiliated with, one or more of the television networks 
in the United States providing nationwide transmissions, 
and that transmits a substantial part of the programming 
supplied by such networks for a substantial part of the 
primary stream’s typical broadcast day. 
‘‘(B) TREATMENT OF MULTICAST STREAMS.—The term 
‘network station’ shall be applied to a multicast stream 
on which a television broadcast station transmits all or 
substantially all of the programming of an interconnected 
program service that— 
‘‘(i) is owned or operated by, or affiliated with, 
one or more of the television networks described in 
subparagraph (A); and 
‘‘(ii) offers programming on a regular basis for 
15 or more hours per week to at least 25 of the affili-
ated television licensees of the interconnected program 
service in 10 or more States.’’; 
(7) by striking the seventh undesignated paragraph and 
inserting the following: 
‘‘(7) INDEPENDENT STATION.—The term ‘independent sta-
tion’ shall be applied to the primary stream or a multicast 
stream of a television broadcast station that is not a network 
station or a noncommercial educational station.’’; 
(8) by striking the eighth undesignated paragraph and 
inserting the following: 
‘‘(8) NONCOMMERCIAL
EDUCATIONAL
STATION.—The term 
‘noncommercial educational station’ shall be applied to the pri-
mary stream or a multicast stream of a television broadcast 
station that is a noncommercial educational broadcast station 
as defined in section 397 of the Communications Act of 1934, 
as in effect on the date of the enactment of the Satellite Tele-
vision Extension and Localism Act of 2010.’’; and 
(9) by adding at the end the following: 
‘‘(9) PRIMARY STREAM.—A ‘primary stream’ is— 
‘‘(A) the single digital stream of programming that, 
before June 12, 2009, was substantially duplicating the 
programming transmitted by the television broadcast sta-
tion as an analog signal; or 
‘‘(B) if there is no stream described in subparagraph 
(A), then the single digital stream of programming trans-
mitted by the television broadcast station for the longest 
period of time. 
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124 STAT. 1238 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(10) PRIMARY TRANSMITTER.—A ‘primary transmitter’ is 
a television or radio broadcast station licensed by the Federal 
Communications Commission, or by an appropriate govern-
mental authority of Canada or Mexico, that makes primary 
transmissions to the public. 
‘‘(11) MULTICAST STREAM.—A ‘multicast stream’ is a digital 
stream of programming that is transmitted by a television 
broadcast station and is not the station’s primary stream. 
‘‘(12) SIMULCAST.—A ‘simulcast’ is a multicast stream of 
a television broadcast station that duplicates the programming 
transmitted by the primary stream or another multicast stream 
of such station. 
‘‘(13) SUBSCRIBER; SUBSCRIBE.— 
‘‘(A) SUBSCRIBER.—The term ‘subscriber’ means a per-
son or entity that receives a secondary transmission service 
from a cable system and pays a fee for the service, directly 
or indirectly, to the cable system. 
‘‘(B) SUBSCRIBE.—The term ‘subscribe’ means to elect 
to become a subscriber.’’. 
(f) TIMING OF SECTION 111 PROCEEDINGS.—Section 804(b)(1) 
is amended by striking ‘‘2005’’ each place it appears and inserting 
‘‘2015’’. 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CORRECTIONS TO FIX LEVEL DESIGNATIONS.—Section 111 
is amended— 
(A) in subsections (a), (c), and (e), by striking ‘‘clause’’ 
each place it appears and inserting ‘‘paragraph’’; 
(B) in subsection (c)(1), by striking ‘‘clauses’’ and 
inserting ‘‘paragraphs’’; and 
(C) in subsection (e)(1)(F), by striking ‘‘subclause’’ and 
inserting ‘‘subparagraph’’. 
(2) CONFORMING
AMENDMENT
TO
HYPHENATE
NONNET-
WORK.—Section 111 is amended by striking ‘‘nonnetwork’’ each 
place it appears and inserting ‘‘non-network’’. 
(3) 
PREVIOUSLY
UNDESIGNATED
PARAGRAPH.—Section 
111(e)(1) is amended by striking ‘‘second paragraph of sub-
section (f)’’ and inserting ‘‘subsection (f)(2)’’. 
(4) REMOVAL
OF
SUPERFLUOUS
ANDS.—Section 111(e) is 
amended— 
(A) in paragraph (1)(A), by striking ‘‘and’’ at the end; 
(B) in paragraph (1)(B), by striking ‘‘and’’ at the end; 
(C) in paragraph (1)(C), by striking ‘‘and’’ at the end; 
(D) in paragraph (1)(D), by striking ‘‘and’’ at the end; 
and 
(E) in paragraph (2)(A), by striking ‘‘and’’ at the end. 
(5) REMOVAL OF VARIANT FORMS REFERENCES.—Section 111 
is amended— 
(A) in subsection (e)(4), by striking ‘‘, and each of 
its variant forms,’’; and 
(B) in subsection (f), by striking ‘‘and their variant 
forms’’. 
(6) 
CORRECTION
TO
TERRITORY
REFERENCE.—Section 
111(e)(2) is amended in the matter preceding subparagraph 
(A) by striking ‘‘three territories’’ and inserting ‘‘five entities’’. 
(h) EFFECTIVE DATE WITH RESPECT TO MULTICAST STREAMS.— 
17 USC 111 note. 
17 USC 804. 
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124 STAT. 1239 
PUBLIC LAW 111–175—MAY 27, 2010 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
amendments made by this section, to the extent such amend-
ments assign a distant signal equivalent value to the secondary 
transmission of the multicast stream of a primary transmitter, 
shall take effect on the date of the enactment of this Act. 
(2) DELAYED APPLICABILITY.— 
(A) SECONDARY TRANSMISSIONS OF A MULTICAST STREAM 
BEYOND THE LOCAL SERVICE AREA OF ITS PRIMARY TRANS-
MITTER BEFORE 2010 ACT.—In any case in which a cable 
system was making secondary transmissions of a multicast 
stream beyond the local service area of its primary trans-
mitter before the date of the enactment of this Act, a 
distant signal equivalent value (referred to in paragraph 
(1)) shall not be assigned to secondary transmissions of 
such multicast stream that are made on or before June 
30, 2010. 
(B) MULTICAST STREAMS SUBJECT TO PREEXISTING WRIT-
TEN AGREEMENTS FOR THE SECONDARY TRANSMISSION OF 
SUCH STREAMS.—In any case in which the secondary trans-
mission of a multicast stream of a primary transmitter 
is the subject of a written agreement entered into on or 
before June 30, 2009, between a cable system or an associa-
tion representing the cable system and a primary trans-
mitter or an association representing the primary trans-
mitter, a distant signal equivalent value (referred to in 
paragraph (1)) shall not be assigned to secondary trans-
missions of such multicast stream beyond the local service 
area of its primary transmitter that are made on or before 
the date on which such written agreement expires. 
(C) NO REFUNDS OR OFFSETS FOR PRIOR STATEMENTS 
OF ACCOUNT.—A cable system that has reported secondary 
transmissions of a multicast stream beyond the local service 
area of its primary transmitter on a statement of account 
deposited under section 111 of title 17, United States Code, 
before the date of the enactment of this Act shall not 
be entitled to any refund, or offset, of royalty fees paid 
on account of such secondary transmissions of such 
multicast stream. 
(3) DEFINITIONS.—In this subsection, the terms ‘‘cable 
system’’, ‘‘secondary transmission’’, ‘‘multicast stream’’, and 
‘‘local service area of a primary transmitter’’ have the meanings 
given those terms in section 111(f) of title 17, United States 
Code, as amended by this section. 
SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO- 
LOCAL SERVICE FOR ALL DMAS. 
Section 119 is amended by adding at the end the following 
new subsection: 
‘‘(g) CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO- 
LOCAL SERVICE TO ALL DMAS.— 
‘‘(1) INJUNCTION WAIVER.—A court that issued an injunction 
pursuant to subsection (a)(7)(B) before the date of the enact-
ment of this subsection shall waive such injunction if the court 
recognizes the entity against which the injunction was issued 
as a qualified carrier. 
‘‘(2) LIMITED TEMPORARY WAIVER.— 
17 USC 119. 
Courts. 
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124 STAT. 1240 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(A) IN GENERAL.—Upon a request made by a satellite 
carrier, a court that issued an injunction against such 
carrier under subsection (a)(7)(B) before the date of the 
enactment of this subsection shall waive such injunction 
with respect to the statutory license provided under sub-
section (a)(2) to the extent necessary to allow such carrier 
to make secondary transmissions of primary transmissions 
made by a network station to unserved households located 
in short markets in which such carrier was not providing 
local service pursuant to the license under section 122 
as of December 31, 2009. 
‘‘(B) EXPIRATION OF TEMPORARY WAIVER.—A temporary 
waiver of an injunction under subparagraph (A) shall expire 
after the end of the 120-day period beginning on the date 
such temporary waiver is issued unless extended for good 
cause by the court making the temporary waiver. 
‘‘(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL SERVICE 
TO ALL DMAS.— 
‘‘(i) FAILURE
TO
ACT
REASONABLY
AND
IN
GOOD 
FAITH.—If the court issuing a temporary waiver under 
subparagraph (A) determines that the satellite carrier 
that made the request for such waiver has failed to 
act reasonably or has failed to make a good faith 
effort to provide local-into-local service to all DMAs, 
such failure— 
‘‘(I) is actionable as an act of infringement 
under section 501 and the court may in its discre-
tion impose the remedies provided for in sections 
502 through 506 and subsection (a)(6)(B) of this 
section; and 
‘‘(II) shall result in the termination of the 
waiver issued under subparagraph (A). 
‘‘(ii) 
FAILURE
TO
PROVIDE
LOCAL-INTO-LOCAL 
SERVICE.—If the court issuing a temporary waiver 
under subparagraph (A) determines that the satellite 
carrier that made the request for such waiver has 
failed to provide local-into-local service to all DMAs, 
but determines that the carrier acted reasonably and 
in good faith, the court may in its discretion impose 
financial penalties that reflect— 
‘‘(I) the degree of control the carrier had over 
the circumstances that resulted in the failure; 
‘‘(II) the quality of the carrier’s efforts to 
remedy the failure; and 
‘‘(III) the severity and duration of any service 
interruption. 
‘‘(D) SINGLE TEMPORARY WAIVER AVAILABLE.—An entity 
may only receive one temporary waiver under this para-
graph. 
‘‘(E) SHORT
MARKET
DEFINED.—For purposes of this 
paragraph, the term ‘short market’ means a local market 
in which programming of one or more of the four most 
widely viewed television networks nationwide as measured 
on the date of the enactment of this subsection is not 
offered on the primary stream transmitted by any local 
television broadcast station. 
‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER RECOGNITION.— 
Time period. 
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124 STAT. 1241 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(A) STATEMENT OF ELIGIBILITY.—An entity seeking to 
be recognized as a qualified carrier under this subsection 
shall file a statement of eligibility with the court that 
imposed the injunction. A statement of eligibility must 
include— 
‘‘(i) an affidavit that the entity is providing local- 
into-local service to all DMAs; 
‘‘(ii) a motion for a waiver of the injunction; 
‘‘(iii) a motion that the court appoint a special 
master under Rule 53 of the Federal Rules of Civil 
Procedure; 
‘‘(iv) an agreement by the carrier to pay all 
expenses incurred by the special master under para-
graph (4)(B)(ii); and 
‘‘(v) a certification issued pursuant to section 
342(a) of Communications Act of 1934. 
‘‘(B) GRANT OF RECOGNITION AS A QUALIFIED CARRIER.— 
Upon receipt of a statement of eligibility, the court shall 
recognize the entity as a qualified carrier and issue the 
waiver under paragraph (1). Upon motion pursuant to 
subparagraph (A)(iii), the court shall appoint a special 
master to conduct the examination and provide a report 
to the court as provided in paragraph (4)(B). 
‘‘(C) VOLUNTARY TERMINATION.—At any time, an entity 
recognized as a qualified carrier may file a statement of 
voluntary termination with the court certifying that it no 
longer wishes to be recognized as a qualified carrier. Upon 
receipt of such statement, the court shall reinstate the 
injunction waived under paragraph (1). 
‘‘(D) LOSS OF RECOGNITION PREVENTS FUTURE RECOGNI-
TION.—No entity may be recognized as a qualified carrier 
if such entity had previously been recognized as a qualified 
carrier and subsequently lost such recognition or volun-
tarily terminated such recognition under subparagraph (C). 
‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND COMPLIANCE.— 
‘‘(A) CONTINUING OBLIGATIONS.— 
‘‘(i) IN GENERAL.—An entity recognized as a quali-
fied carrier shall continue to provide local-into-local 
service to all DMAs. 
‘‘(ii) COOPERATION
WITH
COMPLIANCE
EXAMINA-
TION.—An entity recognized as a qualified carrier shall 
fully cooperate with the special master appointed by 
the court under paragraph (3)(B) in an examination 
set forth in subparagraph (B). 
‘‘(B) QUALIFIED CARRIER COMPLIANCE EXAMINATION.— 
‘‘(i) EXAMINATION AND REPORT.—A special master 
appointed by the court under paragraph (3)(B) shall 
conduct an examination of, and file a report on, the 
qualified carrier’s compliance with the royalty payment 
and household eligibility requirements of the license 
under this section. The report shall address the quali-
fied carrier’s conduct during the period beginning on 
the date on which the qualified carrier is recognized 
as such under paragraph (3)(B) and ending on April 
30, 2012. 
‘‘(ii) RECORDS OF QUALIFIED CARRIER.—Beginning 
on the date that is one year after the date on which 
Time period. 
Time period. 
Appointment. 
Reports. 
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124 STAT. 1242 
PUBLIC LAW 111–175—MAY 27, 2010 
the qualified carrier is recognized as such under para-
graph (3)(B), but not later than December 1, 2011, 
the qualified carrier shall provide the special master 
with all records that the special master considers to 
be directly pertinent to the following requirements 
under this section: 
‘‘(I) Proper calculation and payment of royal-
ties under the statutory license under this section. 
‘‘(II) Provision of service under this license 
to eligible subscribers only. 
‘‘(iii) SUBMISSION OF REPORT.—The special master 
shall file the report required by clause (i) not later 
than July 24, 2012, with the court referred to in para-
graph (1) that issued the injunction, and the court 
shall transmit a copy of the report to the Register 
of Copyrights, the Committees on the Judiciary and 
on Energy and Commerce of the House of Representa-
tives, and the Committees on the Judiciary and on 
Commerce, Science, and Transportation of the Senate. 
‘‘(iv) EVIDENCE
OF
INFRINGEMENT.—The special 
master shall include in the report a statement of 
whether the examination by the special master 
indicated that there is substantial evidence that a copy-
right holder could bring a successful action under this 
section against the qualified carrier for infringement. 
‘‘(v) SUBSEQUENT
EXAMINATION.—If the special 
master’s report includes a statement that its examina-
tion indicated the existence of substantial evidence 
that a copyright holder could bring a successful action 
under this section against the qualified carrier for 
infringement, the special master shall, not later than 
6 months after the report under clause (i) is filed, 
initiate another examination of the qualified carrier’s 
compliance with the royalty payment and household 
eligibility requirements of the license under this section 
since the last report was filed under clause (iii). The 
special master shall file a report on the results of 
the examination conducted under this clause with the 
court referred to in paragraph (1) that issued the 
injunction, and the court shall transmit a copy to the 
Register of Copyrights, the Committees on the 
Judiciary and on Energy and Commerce of the House 
of Representatives, and the Committees on the 
Judiciary and on Commerce, Science, and Transpor-
tation of the Senate. The report shall include a state-
ment described in clause (iv). 
‘‘(vi) COMPLIANCE.—Upon motion filed by an 
aggrieved copyright owner, the court recognizing an 
entity as a qualified carrier shall terminate such des-
ignation upon finding that the entity has failed to 
cooperate with the examinations required by this 
subparagraph. 
‘‘(vii) OVERSIGHT.—During the period of time that 
the special master is conducting an examination under 
Reports. 
Records. 
Deadline. 
Records. 
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124 STAT. 1243 
PUBLIC LAW 111–175—MAY 27, 2010 
this subparagraph, the Comptroller General shall mon-
itor the degree to which the entity seeking to be recog-
nized or recognized as a qualified carrier under para-
graph (3) is complying with the special master’s exam-
ination. The qualified carrier shall make available to 
the Comptroller General all records and individuals 
that the Comptroller General considers necessary to 
meet the Comptroller General’s obligations under this 
clause. The Comptroller General shall report the 
results of the monitoring required by this clause to 
the Committees on the Judiciary and on Energy and 
Commerce of the House of Representatives and the 
Committees on the Judiciary and on Commerce, 
Science, and Transportation of the Senate at intervals 
of not less than six months during such period. 
‘‘(C) AFFIRMATION.—A qualified carrier shall file an 
affidavit with the district court and the Register of Copy-
rights 30 months after such status was granted stating 
that, to the best of the affiant’s knowledge, it is in compli-
ance with the requirements for a qualified carrier. The 
qualified carrier shall attach to its affidavit copies of all 
reports or orders issued by the court, the special master, 
and the Comptroller General. 
‘‘(D) COMPLIANCE DETERMINATION.—Upon the motion 
of an aggrieved television broadcast station, the court recog-
nizing an entity as a qualified carrier may make a deter-
mination of whether the entity is providing local-into-local 
service to all DMAs. 
‘‘(E) PLEADING REQUIREMENT.—In any motion brought 
under subparagraph (D), the party making such motion 
shall specify one or more designated market areas (as 
such term is defined in section 122(j)(2)(C)) for which the 
failure to provide service is being alleged, and, for each 
such designated market area, shall plead with particularity 
the circumstances of the alleged failure. 
‘‘(F) BURDEN OF PROOF.—In any proceeding to make 
a determination under subparagraph (D), and with respect 
to a designated market area for which failure to provide 
service is alleged, the entity recognized as a qualified car-
rier shall have the burden of proving that the entity pro-
vided local-into-local service with a good quality satellite 
signal to at least 90 percent of the households in such 
designated market area (based on the most recent census 
data released by the United States Census Bureau) at 
the time and place alleged. 
‘‘(5) FAILURE TO PROVIDE SERVICE.— 
‘‘(A) PENALTIES.—If the court recognizing an entity 
as a qualified carrier finds that such entity has willfully 
failed to provide local-into-local service to all DMAs, such 
finding shall result in the loss of recognition of the entity 
as a qualified carrier and the termination of the waiver 
provided under paragraph (1), and the court may, in its 
discretion— 
‘‘(i) treat such failure as an act of infringement 
under section 501, and subject such infringement to 
the remedies provided for in sections 502 through 506 
and subsection (a)(6)(B) of this section; and 
Affidavits. 
Deadline. 
Reports. 
Deadlines. 
Records. 
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124 STAT. 1244 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(ii) impose a fine of not less than $250,000 and 
not more than $5,000,000. 
‘‘(B) EXCEPTION FOR NONWILLFUL VIOLATION.—If the 
court determines that the failure to provide local-into-local 
service to all DMAs is nonwillful, the court may in its 
discretion impose financial penalties for noncompliance 
that reflect— 
‘‘(i) the degree of control the entity had over the 
circumstances that resulted in the failure; 
‘‘(ii) the quality of the entity’s efforts to remedy 
the failure and restore service; and 
‘‘(iii) the severity and duration of any service 
interruption. 
‘‘(6) PENALTIES FOR VIOLATIONS OF LICENSE.—A court that 
finds, under subsection (a)(6)(A), that an entity recognized as 
a qualified carrier has willfully made a secondary transmission 
of a primary transmission made by a network station and 
embodying a performance or display of a work to a subscriber 
who is not eligible to receive the transmission under this section 
shall reinstate the injunction waived under paragraph (1), and 
the court may order statutory damages of not more than 
$2,500,000. 
‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS DEFINED.— 
For purposes of this subsection: 
‘‘(A) IN GENERAL.—An entity provides ‘local-into-local 
service to all DMAs’ if the entity provides local service 
in all designated market areas (as such term is defined 
in section 122(j)(2)(C)) pursuant to the license under section 
122. 
‘‘(B) HOUSEHOLD COVERAGE.—For purposes of subpara-
graph (A), an entity that makes available local-into-local 
service with a good quality satellite signal to at least 90 
percent of the households in a designated market area 
based on the most recent census data released by the 
United States Census Bureau shall be considered to be 
providing local service to such designated market area. 
‘‘(C) GOOD QUALITY SATELLITE SIGNAL DEFINED.—The 
term ‘good quality satellite signal’ has the meaning given 
such term under section 342(e)(2) of Communications Act 
of 1934.’’. 
SEC. 106. COPYRIGHT OFFICE FEES. 
Section 708(a) is amended— 
(1) in paragraph (8), by striking ‘‘and’’ after the semicolon; 
(2) in paragraph (9), by striking the period and inserting 
a semicolon; 
(3) by inserting after paragraph (9) the following: 
‘‘(10) on filing a statement of account based on secondary 
transmissions of primary transmissions pursuant to section 
119 or 122; and 
‘‘(11) on filing a statement of account based on secondary 
transmissions of primary transmissions pursuant to section 
111.’’; and 
(4) by adding at the end the following new sentence: ‘‘Fees 
established under paragraphs (10) and (11) shall be reasonable 
and may not exceed one-half of the cost necessary to cover 
reasonable expenses incurred by the Copyright Office for the 
17 USC 708. 
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124 STAT. 1245 
PUBLIC LAW 111–175—MAY 27, 2010 
collection and administration of the statements of account and 
any royalty fees deposited with such statements.’’. 
SEC. 107. TERMINATION OF LICENSE. 
(a) TERMINATION.—Section 119 of title 17, United States Code, 
as amended by this Act, shall cease to be effective on December 
31, 2014. 
(b) CONFORMING AMENDMENT.—Section 1003(a)(2)(A) of Public 
Law 111–118 (17 U.S.C. 119 note) is repealed. 
SEC. 108. CONSTRUCTION. 
Nothing in section 111, 119, or 122 of title 17, United States 
Code, including the amendments made to such sections by this 
title, shall be construed to affect the meaning of any terms under 
the Communications Act of 1934, except to the extent that such 
sections are specifically cross-referenced in such Act or the regula-
tions issued thereunder. 
TITLE II—COMMUNICATIONS 
PROVISIONS 
SEC. 201. REFERENCE. 
Except as otherwise provided, whenever in this title an amend-
ment is made to a section or other provision, the reference shall 
be considered to be made to such section or provision of the Commu-
nications Act of 1934 (47 U.S.C. 151 et seq.). 
SEC. 202. EXTENSION OF AUTHORITY. 
Section 325(b) is amended— 
(1) in paragraph (2)(C), by striking ‘‘May 31, 2010’’ and 
inserting ‘‘December 31, 2014’’; and 
(2) in paragraph (3)(C), by striking ‘‘June 1, 2010’’ each 
place it appears in clauses (ii) and (iii) and inserting ‘‘January 
1, 2015’’. 
SEC. 203. SIGNIFICANTLY VIEWED STATIONS. 
(a) IN GENERAL.—Paragraphs (1) and (2) of section 340(b) are 
amended to read as follows: 
‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAKING LOCAL-INTO- 
LOCAL
SERVICE.—This section shall apply only to retrans-
missions to subscribers of a satellite carrier who receive retrans-
missions of a signal from that satellite carrier pursuant to 
section 338. 
‘‘(2) SERVICE
LIMITATIONS.—A satellite carrier may re-
transmit to a subscriber in high definition format the signal 
of a station determined by the Commission to be significantly 
viewed under subsection (a) only if such carrier also retransmits 
in high definition format the signal of a station located in 
the local market of such subscriber and affiliated with the 
same network whenever such format is available from such 
station.’’. 
(b) RULEMAKING REQUIRED.—Within 270 days after the date 
of the enactment of this Act, the Federal Communications Commis-
sion shall take all actions necessary to promulgate a rule to imple-
ment the amendments made by subsection (a). 
Deadline. 
47 USC 340 note. 
Applicability. 
47 USC 340. 
47 USC 325. 
17 USC 111 note. 
Repeal. 
17 USC 119 note. 
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124 STAT. 1246 
PUBLIC LAW 111–175—MAY 27, 2010 
SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMEND-
MENTS. 
(a) SECTION 338.—Section 338 is amended— 
(1) in subsection (a), by striking ‘‘(3) EFFECTIVE DATE.— 
No satellite’’ and all that follows through ‘‘until January 1, 
2002.’’; and 
(2) by amending subsection (g) to read as follows: 
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE RECEPTION 
ANTENNA.— 
‘‘(1) SINGLE RECEPTION ANTENNA.—Each satellite carrier 
that retransmits the signals of local television broadcast sta-
tions in a local market shall retransmit such stations in such 
market so that a subscriber may receive such stations by means 
of a single reception antenna and associated equipment. 
‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If the carrier re-
transmits the signals of local television broadcast stations in 
a local market in high definition format, the carrier shall re-
transmit such signals in such market so that a subscriber 
may receive such signals by means of a single reception antenna 
and associated equipment, but such antenna and associated 
equipment may be separate from the single reception antenna 
and associated equipment used to comply with paragraph (1).’’. 
(b) SECTION 339.—Section 339 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by striking ‘‘Such two network 
stations’’ and all that follows through ‘‘more than two net-
work stations.’’; and 
(B) in paragraph (2)— 
(i) in the heading for subparagraph (A), by striking 
‘‘TO ANALOG SIGNALS’’; 
(ii) in subparagraph (A)— 
(I) in the heading for clause (i), by striking 
‘‘ANALOG’’; 
(II) in clause (i)— 
(aa) by striking ‘‘analog’’ each place it 
appears; and 
(bb) by striking ‘‘October 1, 2004’’ and 
inserting ‘‘October 1, 2009’’; 
(III) in the heading for clause (ii), by striking 
‘‘ANALOG’’; and 
(IV) in clause (ii)— 
(aa) by striking ‘‘analog’’ each place it 
appears; and 
(bb) by striking ‘‘2004’’ and inserting 
‘‘2009’’; 
(iii) by amending subparagraph (B) to read as fol-
lows: 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 
‘‘(i) IN GENERAL.—In the case of a subscriber of 
a satellite carrier who is eligible to receive the signal 
of a network station under this section (in this subpara-
graph referred to as a ‘distant signal’), other than 
subscribers to whom subparagraph (A) applies, the 
following shall apply: 
‘‘(I) In a case in which the satellite carrier 
makes available to that subscriber, on January 
Applicability. 
Deadlines. 
47 USC 339. 
47 USC 338. 
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124 STAT. 1247 
PUBLIC LAW 111–175—MAY 27, 2010 
1, 2005, the signal of a local network station affili-
ated with the same television network pursuant 
to section 338, the carrier may only provide the 
secondary transmissions of the distant signal of 
a station affiliated with the same network to that 
subscriber if the subscriber’s satellite carrier, not 
later than March 1, 2005, submits to that tele-
vision network the list and statement required 
by subparagraph (F)(i). 
‘‘(II) In a case in which the satellite carrier 
does not make available to that subscriber, on 
January 1, 2005, the signal of a local network 
station pursuant to section 338, the carrier may 
only provide the secondary transmissions of the 
distant signal of a station affiliated with the same 
network to that subscriber if— 
‘‘(aa) that subscriber seeks to subscribe 
to such distant signal before the date on which 
such carrier commences to carry pursuant to 
section 338 the signals of stations from the 
local market of such local network station; 
and 
‘‘(bb) the satellite carrier, within 60 days 
after such date, submits to each television net-
work the list and statement required by 
subparagraph (F)(ii). 
‘‘(ii) SPECIAL CIRCUMSTANCES.—A subscriber of a 
satellite carrier who was lawfully receiving the distant 
signal of a network station on the day before the date 
of enactment of the Satellite Television Extension and 
Localism Act of 2010 may receive both such distant 
signal and the local signal of a network station affili-
ated with the same network until such subscriber 
chooses to no longer receive such distant signal from 
such carrier, whether or not such subscriber elects 
to subscribe to such local signal.’’; 
(iv) in subparagraph (C)— 
(I) by striking ‘‘analog’’; 
(II) in clause (i), by striking ‘‘the Satellite 
Home Viewer Extension and Reauthorization Act 
of 2004; and’’ and inserting the following: 
‘‘the Satellite Television Extension and Localism Act 
of 2010 and, 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 signal of a local network station 
affiliated with the same television network pursuant 
to section 338 (and the retransmission of such signal 
by such carrier can reach such subscriber); or’’; and 
(III) by amending clause (ii) to read as follows: 
‘‘(ii) lawfully subscribes to and receives a distant 
signal on or after the date of enactment of the Satellite 
Television Extension and Localism Act of 2010, and, 
subsequent to such subscription, the satellite carrier 
makes available to that subscriber the signal of a local 
network station affiliated with the same network as 
the distant signal (and the retransmission of such 
Deadline. 
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124 STAT. 1248 
PUBLIC LAW 111–175—MAY 27, 2010 
signal by such carrier can reach such subscriber), 
unless such person subscribes to the signal of the local 
network station within 60 days after such signal is 
made available.’’; 
(v) in subparagraph (D)— 
(I) in the heading, by striking ‘‘DIGITAL’’; 
(II) by striking clauses (i), (iii) through (v), 
(vii) through (ix), and (xi); 
(III) by redesignating clause (vi) as clause (i) 
and transferring such clause to appear before 
clause (ii); 
(IV) by amending such clause (i) (as so redesig-
nated) to read as follows: 
‘‘(i) ELIGIBILITY AND SIGNAL TESTING.—A subscriber 
of a satellite carrier shall be eligible to receive a distant 
signal of a network station affiliated with the same 
network under this section if, with respect to a local 
network station, such subscriber— 
‘‘(I) is a subscriber whose household is not 
predicted by the model specified in subsection (c)(3) 
to receive the signal intensity required under sec-
tion 73.622(e)(1) or, in the case of a low-power 
station or translator station transmitting an ana-
log signal, section 73.683(a) of title 47, Code of 
Federal Regulations, or a successor regulation; 
‘‘(II) is determined, based on a test conducted 
in accordance with section 73.686(d) of title 47, 
Code of Federal Regulations, or any successor 
regulation, not to be able to receive a signal that 
exceeds the signal intensity standard in section 
73.622(e)(1) or, in the case of a low-power station 
or translator station transmitting an analog signal, 
section 73.683(a) of such title, or a successor regu-
lation; or 
‘‘(III) is in an unserved household, as deter-
mined under section 119(d)(10)(A) of title 17, 
United States Code.’’; 
(V) in clause (ii)— 
(aa) by striking ‘‘DIGITAL’’ in the heading; 
(bb) by striking ‘‘digital’’ the first two 
places such term appears; 
(cc) by striking ‘‘Satellite Home Viewer 
Extension and Reauthorization Act of 2004’’ 
and inserting ‘‘Satellite Television Extension 
and Localism Act of 2010’’; and 
(dd) by striking ‘‘, whether or not such 
subscriber elects to subscribe to local digital 
signals’’; 
(VI) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) TIME-SHIFTING
PROHIBITED.—In a case in 
which the satellite carrier makes available to an 
eligible subscriber under this subparagraph the signal 
of a local network station pursuant to section 338, 
the carrier may only provide the distant signal of a 
station affiliated with the same network to that sub-
scriber if, in the case of any local market in the 48 
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124 STAT. 1249 
PUBLIC LAW 111–175—MAY 27, 2010 
contiguous States of the United States, the distant 
signal is the secondary transmission of a station whose 
prime time network programming is generally broad-
cast simultaneously with, or later than, the prime time 
network programming of the affiliate of the same net-
work in the local market.’’; and 
(VII) by redesignating clause (x) as clause (iv); 
and 
(vi) in subparagraph (E), by striking ‘‘distant ana-
log signal or’’ and all that follows through ‘‘(B), or 
(D))’’ and inserting ‘‘distant signal’’; 
(2) in subsection (c)— 
(A) by amending paragraph (3) to read as follows: 
‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL AND 
ON-LOCATION TESTING REQUIRED.— 
‘‘(A) PREDICTIVE MODEL.—Within 270 days after the 
date of the enactment of the Satellite Television Extension 
and Localism Act of 2010, the Commission shall develop 
and prescribe by rule a point-to-point predictive model 
for reliably and presumptively determining the ability of 
individual locations, through the use of an antenna, to 
receive signals in accordance with the signal intensity 
standard in section 73.622(e)(1) of title 47, Code of Federal 
Regulations, or a successor regulation, including to account 
for the continuing operation of translator stations and low 
power television stations. In prescribing such model, the 
Commission shall rely on the Individual Location Longley- 
Rice model set forth by the Commission in CS Docket 
No. 98–201, as previously revised with respect to analog 
signals, and as recommended by the Commission with 
respect to digital signals in its Report to Congress in ET 
Docket No. 05–182, FCC 05–199 (released December 9, 
2005). The Commission shall establish procedures for the 
continued refinement in the application of the model by 
the use of additional data as it becomes available. 
‘‘(B) ON-LOCATION
TESTING.—The Commission shall 
issue an order completing its rulemaking proceeding in 
ET Docket No. 06–94 within 270 days after the date of 
enactment of the Satellite Television Extension and 
Localism Act of 2010. In conducting such rulemaking, the 
Commission shall seek ways to minimize consumer burdens 
associated with on-location testing.’’; 
(B) by amending paragraph (4)(A) to read as follows: 
‘‘(A) IN GENERAL.—If a subscriber’s request for a waiver 
under paragraph (2) is rejected and the subscriber submits 
to the subscriber’s satellite carrier a request for a test 
verifying the subscriber’s inability to receive a signal of 
the signal intensity referenced in clause (i) of subsection 
(a)(2)(D), the satellite carrier and the network station or 
stations asserting that the retransmission is prohibited 
with respect to that subscriber shall select a qualified 
and independent person to conduct the test referenced in 
such clause. Such test shall be conducted within 30 days 
after the date the subscriber submits a request for the 
test. If the written findings and conclusions of a test con-
ducted in accordance with such clause demonstrate that 
the subscriber does not receive a signal that meets or 
Deadline. 
Procedures. 
Regulations. 
Deadlines. 
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124 STAT. 1250 
PUBLIC LAW 111–175—MAY 27, 2010 
exceeds the requisite signal intensity standard in such 
clause, the subscriber shall not be denied the retrans-
mission of a signal of a network station under section 
119(d)(10)(A) of title 17, United States Code.’’; 
(C) in paragraph (4)(B), by striking ‘‘the signal inten-
sity’’ and all that follows through ‘‘United States Code’’ 
and inserting ‘‘such requisite signal intensity standard’’; 
and 
(D) in paragraph (4)(E), by striking ‘‘Grade B inten-
sity’’. 
(c) SECTION 340.—Section 340(i) is amended by striking para-
graph (4). 
SEC. 205. APPLICATION PENDING COMPLETION OF RULEMAKINGS. 
(a) IN GENERAL.—During the period beginning on the date 
of the enactment of this Act and ending on the date on which 
the Federal Communications Commission adopts rules pursuant 
to the amendments to the Communications Act of 1934 made by 
section 203 and section 204 of this title, the Federal Communica-
tions Commission shall follow its rules and regulations promulgated 
pursuant to sections 338, 339, and 340 of the Communications 
Act of 1934 as in effect on the day before the date of the enactment 
of this Act. 
(b) TRANSLATOR STATIONS AND LOW POWER TELEVISION STA-
TIONS.—Notwithstanding subsection (a), for purposes of determining 
whether a subscriber within the local market served by a translator 
station or a low power television station affiliated with a television 
network is eligible to receive distant signals under section 339 
of the Communications Act of 1934, the rules and regulations of 
the Federal Communications Commission for determining such sub-
scriber’s eligibility as in effect on the day before the date of the 
enactment of this Act shall apply until the date on which the 
translator station or low power television station is licensed to 
broadcast a digital signal. 
(c) DEFINITIONS.—As used in this subtitle: 
(1) LOCAL MARKET; LOW POWER TELEVISION STATION; SAT-
ELLITE CARRIER; SUBSCRIBER; TELEVISION BROADCAST STATION.— 
The terms ‘‘local market’’, ‘‘low power television station’’, ‘‘sat-
ellite carrier’’, ‘‘subscriber’’, and ‘‘television broadcast station’’ 
have the meanings given such terms in section 338(k) of the 
Communications Act of 1934. 
(2) NETWORK STATION; TELEVISION NETWORK.—The terms 
‘‘network station’’ and ‘‘television network’’ have the meanings 
given such terms in section 339(d) of such Act. 
SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION. 
Part I of title III is amended by adding at the end the following 
new section: 
‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFI-
CATION. 
‘‘(a) CERTIFICATION.—The Commission shall issue a certification 
for the purposes of section 119(g)(3)(A)(iii) of title 17, United States 
Code, if the Commission determines that— 
‘‘(1) a satellite carrier is providing local service pursuant 
to the statutory license under section 122 of such title in 
each designated market area; and 
47 USC 342. 
Applicability. 
Time period. 
47 USC 338 note. 
47 USC 340. 
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124 STAT. 1251 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(2) with respect to each designated market area in which 
such satellite carrier was not providing such local service as 
of the date of enactment of the Satellite Television Extension 
and Localism Act of 2010— 
‘‘(A) the satellite carrier’s satellite beams are designed, 
and predicted by the satellite manufacturer’s pre-launch 
test data, to provide a good quality satellite signal to at 
least 90 percent of the households in each such designated 
market area based on the most recent census data released 
by the United States Census Bureau; and 
‘‘(B) there is no material evidence that there has been 
a satellite or sub-system failure subsequent to the satellite’s 
launch that precludes the ability of the satellite carrier 
to satisfy the requirements of subparagraph (A). 
‘‘(b) INFORMATION REQUIRED.—Any entity seeking the certifi-
cation provided for in subsection (a) shall submit to the Commission 
the following information: 
‘‘(1) An affidavit stating that, to the best of the affiant’s 
knowledge, the satellite carrier provides local service in all 
designated market areas pursuant to the statutory license pro-
vided for in section 122 of title 17, United States Code, and 
listing those designated market areas in which local service 
was provided as of the date of enactment of the Satellite Tele-
vision Extension and Localism Act of 2010. 
‘‘(2) For each designated market area not listed in para-
graph (1): 
‘‘(A) Identification of each such designated market area 
and the location of its local receive facility. 
‘‘(B) Data showing the number of households, and maps 
showing the geographic distribution thereof, in each such 
designated market area based on the most recent census 
data released by the United States Census Bureau. 
‘‘(C) Maps, with superimposed effective isotropically 
radiated power predictions obtained in the satellite manu-
facturer’s pre-launch tests, showing that the contours of 
the carrier’s satellite beams as designed and the geographic 
area that the carrier’s satellite beams are designed to cover 
are predicted to provide a good quality satellite signal 
to at least 90 percent of the households in such designated 
market area based on the most recent census data released 
by the United States Census Bureau. 
‘‘(D) For any satellite relied upon for certification under 
this section, an affidavit stating that, to the best of the 
affiant’s knowledge, there have been no satellite or sub- 
system failures subsequent to the satellite’s launch that 
would degrade the design performance to such a degree 
that a satellite transponder used to provide local service 
to any such designated market area is precluded from 
delivering a good quality satellite signal to at least 90 
percent of the households in such designated market area 
based on the most recent census data released by the 
United States Census Bureau. 
‘‘(E) Any additional engineering, designated market 
area, or other information the Commission considers nec-
essary to determine whether the Commission shall grant 
a certification under this section. 
‘‘(c) CERTIFICATION ISSUANCE.— 
Submission. 
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124 STAT. 1252 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(1) PUBLIC COMMENT.—The Commission shall provide 30 
days for public comment on a request for certification under 
this section. 
‘‘(2) DEADLINE FOR DECISION.—The Commission shall grant 
or deny a request for certification within 90 days after the 
date on which such request is filed. 
‘‘(d) SUBSEQUENT AFFIRMATION.—An entity granted qualified 
carrier status pursuant to section 119(g) of title 17, United States 
Code, shall file an affidavit with the Commission 30 months after 
such status was granted stating that, to the best of the affiant’s 
knowledge, it is in compliance with the requirements for a qualified 
carrier. 
‘‘(e) DEFINITIONS.—For the purposes of this section: 
‘‘(1) DESIGNATED
MARKET
AREA.—The term ‘designated 
market area’ has the meaning given such term in section 
122(j)(2)(C) of title 17, United States Code. 
‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 
‘‘(A) IN
GENERAL.—The term ‘‘good quality satellite 
signal’’ means— 
‘‘(i) a satellite signal whose power level as designed 
shall achieve reception and demodulation of the signal 
at an availability level of at least 99.7 percent using— 
‘‘(I) models of satellite antennas normally used 
by the satellite carrier’s subscribers; and 
‘‘(II) the same calculation methodology used 
by the satellite carrier to determine predicted 
signal availability in the top 100 designated 
market areas; and 
‘‘(ii) taking into account whether a signal is in 
standard definition format or high definition format, 
compression methodology, modulation, error correction, 
power level, and utilization of advances in technology 
that do not circumvent the intent of this section to 
provide for non-discriminatory treatment with respect 
to any comparable television broadcast station signal, 
a video signal transmitted by a satellite carrier such 
that— 
‘‘(I) the satellite carrier treats all television 
broadcast stations’ signals the same with respect 
to statistical multiplexer prioritization; and 
‘‘(II) the number of video signals in the rel-
evant satellite transponder is not more than the 
then current greatest number of video signals car-
ried on any equivalent transponder serving the 
top 100 designated market areas. 
‘‘(B) DETERMINATION.—For the purposes of subpara-
graph (A), the top 100 designated market areas shall be 
as determined by Nielsen Media Research and published 
in the Nielsen Station Index Directory and Nielsen Station 
Index United States Television Household Estimates or 
any successor publication as of the date of a satellite car-
rier’s application for certification under this section.’’. 
Publication. 
Affidavit. 
Deadline. 
Deadline. 
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124 STAT. 1253 
PUBLIC LAW 111–175—MAY 27, 2010 
SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION 
DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL 
TELEVISION STATIONS. 
(a) IN GENERAL.—Section 338(a) is amended by adding at the 
end the following new paragraph: 
‘‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION 
SIGNALS
OF
NONCOMMERCIAL
EDUCATIONAL
TELEVISION
STA-
TIONS.— 
‘‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS.— 
If, before the date of enactment of the Satellite Television 
Extension and Localism Act of 2010, an eligible satellite 
carrier is providing, under section 122 of title 17, United 
States Code, any secondary transmissions in high definition 
format to subscribers located within the local market of 
a television broadcast station of a primary transmission 
made by that station, then such satellite carrier shall carry 
the signals in high-definition format of qualified non-
commercial educational television stations located within 
that local market in accordance with the following schedule: 
‘‘(i) By December 31, 2010, in at least 50 percent 
of the markets in which such satellite carrier provides 
such secondary transmissions in high definition format. 
‘‘(ii) By December 31, 2011, in every market in 
which such satellite carrier provides such secondary 
transmissions in high definition format. 
‘‘(B) NEW INITIATION OF SERVICE.—If, on or after the 
date of enactment of the Satellite Television Extension 
and Localism Act of 2010, an eligible satellite carrier initi-
ates the provision, under section 122 of title 17, United 
States Code, of any secondary transmissions in high defini-
tion format to subscribers located within the local market 
of a television broadcast station of a primary transmission 
made by that station, then such satellite carrier shall carry 
the signals in high-definition format of all qualified non-
commercial educational television stations located within 
that local market.’’. 
(b) DEFINITIONS.—Section 338(k) is amended— 
(1) by redesignating paragraphs (2) through (8) as para-
graphs (3) through (9), respectively; 
(2) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term ‘eligible sat-
ellite carrier’ means any satellite carrier that is not a party 
to a carriage contract that— 
‘‘(A) governs carriage of at least 30 qualified non-
commercial educational television stations; and 
‘‘(B) is in force and effect within 150 days after the 
date of enactment of the Satellite Television Extension 
and Localism Act of 2010.’’; 
(3) by redesignating paragraphs (6) through (9) (as pre-
viously redesignated) as paragraphs (7) through (10), respec-
tively; and 
(4) by inserting after paragraph (5) (as so redesignated) 
the following new paragraph: 
Deadline. 
Deadlines. 
47 USC 338. 
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124 STAT. 1254 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION 
STATION.—The term ‘qualified noncommercial educational tele-
vision station’ means any full-power television broadcast station 
that— 
‘‘(A) under the rules and regulations of the Commission 
in effect on March 29, 1990, is licensed by the Commission 
as a noncommercial educational broadcast station and is 
owned and operated by a public agency, nonprofit founda-
tion, nonprofit corporation, or nonprofit association; and 
‘‘(B) has as its licensee an entity that is eligible to 
receive a community service grant, or any successor grant 
thereto, from the Corporation for Public Broadcasting, or 
any successor organization thereto, on the basis of the 
formula set forth in section 396(k)(6)(B) of this title.’’. 
SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS. 
Nothing in this title or the amendments made by this title 
shall be construed to affect— 
(1) the meaning of the terms ‘‘program related’’ and ‘‘pri-
mary video’’ under the Communications Act of 1934; or 
(2) the meaning of the term ‘‘multicast’’ in any regulations 
issued by the Federal Communications Commission. 
SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS. 
Section 335(b) is amended— 
(1) by inserting ‘‘STATE
PUBLIC
AFFAIRS,’’ after ‘‘EDU-
CATIONAL,’’ in the heading; 
(2) by striking paragraph (1) and inserting the following: 
‘‘(1) CHANNEL CAPACITY REQUIRED.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Commission shall require, as a condition of any 
provision, initial authorization, or authorization renewal 
for a provider of direct broadcast satellite service providing 
video programming, that the provider of such service 
reserve a portion of its channel capacity, equal to not 
less than 4 percent nor more than 7 percent, exclusively 
for noncommercial programming of an educational or 
informational nature. 
‘‘(B) REQUIREMENT
FOR
QUALIFIED
SATELLITE
PRO-
VIDER.—The Commission shall require, as a condition of 
any provision, initial authorization, or authorization 
renewal for a qualified satellite provider of direct broadcast 
satellite service providing video programming, that such 
provider reserve a portion of its channel capacity, equal 
to not less than 3.5 percent nor more than 7 percent, 
exclusively for noncommercial programming of an edu-
cational or informational nature.’’; 
(3) in paragraph (5), by striking ‘‘For purposes of the sub-
section—’’ and inserting ‘‘For purposes of this subsection:’’; and 
(4) by adding at the end of paragraph (5) the following: 
‘‘(C) The term ‘qualified satellite provider’ means any 
provider of direct broadcast satellite service that— 
‘‘(i) provides the retransmission of the State public 
affairs networks of at least 15 different States; 
‘‘(ii) offers the programming of State public affairs 
networks upon reasonable prices, terms, and conditions 
as determined by the Commission under paragraph 
(4); and 
Definition. 
47 USC 335. 
47 USC 325 note. 
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124 STAT. 1255 
PUBLIC LAW 111–175—MAY 27, 2010 
‘‘(iii) does not delete any noncommercial program-
ming of an educational or informational nature in 
connection with the carriage of a State public affairs 
network. 
‘‘(D) The term ‘State public affairs network’ means 
a non-commercial non-broadcast network or a noncommer-
cial educational television station— 
‘‘(i) whose programming consists of information 
about State government deliberations and public policy 
events; and 
‘‘(ii) that is operated by— 
‘‘(I) a State government or subdivision thereof; 
‘‘(II) an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
that is exempt from taxation under section 501(a) 
of such Code and that is governed by an inde-
pendent board of directors; or 
‘‘(III) a cable system.’’. 
TITLE III—REPORTS AND SAVINGS 
PROVISION 
SEC. 301. DEFINITION. 
In this title, the term ‘‘appropriate Congressional committees’’ 
means the Committees on the Judiciary and on Commerce, Science, 
and Transportation of the Senate and the Committees on the 
Judiciary and on Energy and Commerce of the House of Representa-
tives. 
SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY 
LICENSING. 
Not later than 18 months after the date of the enactment 
of this Act, and after consultation with the Federal Communications 
Commission, the Register of Copyrights shall submit to the appro-
priate Congressional committees a report containing— 
(1) proposed mechanisms, methods, and recommendations 
on how to implement a phase-out of the statutory licensing 
requirements set forth in sections 111, 119, and 122 of title 
17, United States Code, by making such sections inapplicable 
to the secondary transmission of a performance or display of 
a work embodied in a primary transmission of a broadcast 
station that is authorized to license the same secondary trans-
mission directly with respect to all of the performances and 
displays embodied in such primary transmission; 
(2) any recommendations for alternative means to imple-
ment a timely and effective phase-out of the statutory licensing 
requirements set forth in sections 111, 119, and 122 of title 
17, United States Code; and 
(3) any recommendations for legislative or administrative 
actions as may be appropriate to achieve such a phase-out. 
SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATU-
TORY LICENSING MODIFICATIONS. 
(a) STUDY.—The Comptroller General shall conduct a study 
that analyzes and evaluates the changes to the carriage require-
ments currently imposed on multichannel video programming 
47 USC 338 note. 
Definition. 
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124 STAT. 1256 
PUBLIC LAW 111–175—MAY 27, 2010 
distributors under the Communications Act of 1934 (47 U.S.C. 
151 et seq.) and the regulations promulgated by the Federal 
Communications Commission that would be required or beneficial 
to consumers, and such other matters as the Comptroller General 
deems appropriate, if Congress implemented a phase-out of the 
current statutory licensing requirements set forth under sections 
111, 119, and 122 of title 17, United States Code. Among other 
things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer 
prices and access to programming. 
(b) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall report to 
the appropriate Congressional committees the results of the study, 
including any recommendations for legislative or administrative 
actions. 
SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING. 
Not later than 18 months after the date of the enactment 
of this Act, the Federal Communications Commission shall submit 
to the appropriate Congressional committees a report containing 
an analysis of— 
(1) the number of households in a State that receive the 
signals of local broadcast stations assigned to a community 
of license that is located in a different State; 
(2) the extent to which consumers in each local market 
have access to in-state broadcast programming over the air 
or from a multichannel video programming distributor; and 
(3) whether there are alternatives to the use of designated 
market areas, as defined in section 122 of title 17, United 
States Code, to define local markets that would provide more 
consumers with in-state broadcast programming. 
SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—On the 270th day after the date of the 
enactment of this Act, and on each succeeding anniversary 
of such 270th day, each satellite carrier shall submit an annual 
report to the Federal Communications Commission setting 
forth— 
(A) each local market in which it— 
(i) retransmits signals of 1 or more television 
broadcast stations with a community of license in that 
market; 
(ii) has commenced providing such signals in the 
preceding 1-year period; and 
(iii) has ceased to provide such signals in the pre-
ceding 1-year period; and 
(B) detailed information regarding the use and poten-
tial use of satellite capacity for the retransmission of local 
signals in each local market. 
(2) TERMINATION.—The requirement under paragraph (1) 
shall cease after each satellite carrier has submitted 5 reports 
under such paragraph. 
(b) FCC STUDY; REPORT.— 
(1) STUDY.—If no satellite carrier files a request for a 
certification under section 342 of the Communications Act of 
1934 (as added by section 206 of this title) within 270 days 
47 USC 338 note. 
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124 STAT. 1257 
PUBLIC LAW 111–175—MAY 27, 2010 
after the date of the enactment of this Act, the Federal Commu-
nications Commission shall initiate a study of— 
(A) incentives that would induce a satellite carrier 
to provide the signals of 1 or more television broadcast 
stations licensed to provide signals in local markets in 
which the satellite carrier does not provide such signals; 
and 
(B) the economic and satellite capacity conditions 
affecting delivery of local signals by satellite carriers to 
these markets. 
(2) REPORT.—Within 1 year after the date of the initiation 
of the study under paragraph (1), the Federal Communications 
Commission shall submit a report to the appropriate Congres-
sional committees containing its findings, conclusions, and rec-
ommendations. 
(c) DEFINITIONS.—In this section— 
(1) the terms ‘‘local market’’ and ‘‘satellite carrier’’ have 
the meaning given such terms in section 339(d) of the Commu-
nications Act of 1934 (47 U.S.C. 339(d)); and 
(2) the term ‘‘television broadcast station’’ has the meaning 
given such term in section 325(b)(7) of such Act (47 U.S.C. 
325(b)(7)). 
SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGOTIATED 
LICENSES. 
(a) IN GENERAL.—Nothing in this Act, title 17, United States 
Code, the Communications Act of 1934, regulations promulgated 
by the Register of Copyrights under this title or title 17, United 
States Code, or regulations promulgated by the Federal Communica-
tions Commission under this Act or the Communications Act of 
1934 shall be construed to prevent a multichannel video program-
ming distributor from retransmitting a performance or display of 
a work pursuant to an authorization granted by the copyright 
owner or, if within the scope of its authorization, its licensee. 
(b) LIMITATION.—Nothing in subsection (a) shall be construed 
to affect any obligation of a multichannel video programming dis-
tributor under section 325(b) of the Communications Act of 1934 
to obtain the authority of a television broadcast station before 
retransmitting that station’s signal. 
SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT. 
(a) EFFECTIVE DATE.—Unless specifically provided otherwise, 
this Act, and the amendments made by this Act, shall take effect 
on February 27, 2010, and with the exception of the reference 
in subsection (b), all references to the date of enactment of this 
Act shall be deemed to refer to February 27, 2010, unless otherwise 
specified. 
(b) NONINFRINGEMENT OF COPYRIGHT.—The secondary trans-
mission of a performance or display of a work embodied in a 
primary transmission is not an infringement of copyright if it was 
made by a satellite carrier on or after February 27, 2010, and 
prior to enactment of this Act, and was in compliance with the 
law as in existence on February 27, 2010. 
17 USC 111 note. 
17 USC 111 note. 
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124 STAT. 1258 
PUBLIC LAW 111–175—MAY 27, 2010 
LEGISLATIVE HISTORY—S. 3333: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
May 7, considered and passed Senate. 
May 12, considered and passed House. 
TITLE IV—SEVERABILITY 
SEC. 401. SEVERABILITY. 
If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder 
of this Act, the amendments made by this Act, and the application 
of such provision or amendment to any person or circumstance 
shall not be affected thereby. 
TITLE V—DETERMINATION OF 
BUDGETARY EFFECTS 
SEC. 501. DETERMINATION OF BUDGETARY EFFECTS. 
(a) IN GENERAL.—The budgetary effects of this Act, for the 
purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted 
for printing in the Congressional Record by the Chairman of the 
Senate Budget Committee, provided that such statement has been 
submitted prior to the vote on passage. 
Approved May 27, 2010. 
17 USC 111 note. 
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