Copyrights - 17 USC Section 119

01/19/04

Sec. 119. Limitations on exclusive rights: Secondary transmissions
of superstations and network stations for private home viewing

(a) Secondary Transmissions by Satellite Carriers. -
(1) Superstations and pbs satellite feed. - Subject to the
provisions of paragraphs (3), (4), and (6) of this subsection and
section 114(d), secondary transmissions of a performance or
display of a work embodied in a primary transmission made by a
superstation or by the Public Broadcasting Service satellite feed
shall be subject to statutory licensing under this section if the
secondary transmission is made by a satellite carrier to the
public for private home viewing, with regard to secondary
transmissions the satellite carrier is in compliance with the
rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals, and the carrier makes a direct or
indirect charge for each retransmission service to each household
receiving the secondary transmission or to a distributor that has
contracted with the carrier for direct or indirect delivery of
the secondary transmission to the public for private home
viewing. In the case of the Public Broadcasting Service satellite
feed, the statutory license shall be effective until January 1,
2002.
(2) Network stations. -
(A) In general. - Subject to the provisions of subparagraphs
(B) and (C) of this paragraph and paragraphs (3), (4), (5), and
(6) of this subsection and section 114(d), secondary
transmissions of a performance or display of a work embodied in
a primary transmission made by a network station shall be
subject to statutory licensing under this section if the
secondary transmission is made by a satellite carrier to the
public for private home viewing, with regard to secondary
transmissions the satellite carrier is in compliance with the
rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals, and the carrier makes a direct or
indirect charge for such retransmission service to each
subscriber receiving the secondary transmission.
(B) Secondary transmissions to unserved households. -
(i) In general. - The statutory license provided for in
subparagraph (A) shall be limited to secondary transmissions
of the signals of no more than two network stations in a
single day for each television network to persons who reside
in unserved households.
(ii) Accurate determinations of eligibility. -
(I) Accurate predictive model. - In determining
presumptively whether a person resides in an unserved
household under subsection (d)(10)(A), a court shall rely
on the Individual Location Longley-Rice model set forth by
the Federal Communications Commission in Docket No. 98-201,
as that model may be amended by the Commission over time
under section 339(c)(3) of the Communications Act of 1934
to increase the accuracy of that model.
(II) Accurate measurements. - For purposes of site
measurements to determine whether a person resides in an
unserved household under subsection (d)(10)(A), a court
shall rely on section 339(c)(4) of the Communications Act
of 1934.
(iii) C-band exemption to unserved households. -
(I) In general. - The limitations of clause (i) shall not
apply to any secondary transmissions by C-band services of
network stations that a subscriber to C-band service
received before any termination of such secondary
transmissions before October 31, 1999.
(II) Definition. - In this clause the term "C-band
service" means a service that is licensed by the Federal
Communications Commission and operates in the Fixed
Satellite Service under part 25 of title 47 of the Code of
Federal Regulations.
(C) Submission of subscriber lists to networks. - A satellite
carrier that makes secondary transmissions of a primary
transmission made by a network station pursuant to subparagraph
(A) shall, 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 street
address, including county and zip code) all subscribers to
which the satellite carrier makes secondary transmissions of
that primary transmission. Thereafter, on the 15th of each
month, the satellite carrier shall submit to the network a list
identifying (by name and street address, including county and
zip code) any persons who have been added or dropped as such
subscribers since the last submission under this subparagraph.
Such subscriber information submitted by a satellite carrier
may be used only for purposes of monitoring compliance by the
satellite carrier with this subsection. The submission
requirements of this subparagraph shall apply to a satellite
carrier only if the network to whom the submissions are to be
made places on file with the Register of Copyrights a document
identifying the name and address of the person to whom such
submissions are to be made. The Register shall maintain for
public inspection a file of all such documents.
(3) Noncompliance with reporting and payment requirements. -
Notwithstanding the provisions of paragraphs (1) and (2), the
willful or repeated secondary transmission to the public by a
satellite carrier of a primary transmission made by a
superstation or a network station and embodying a performance or
display of a work is actionable as an act of infringement under
section 501, and is fully subject to the remedies provided by
sections 502 through 506 and 509, where the satellite carrier has
not deposited the statement of account and royalty fee required
by subsection (b), or has failed to make the submissions to
networks required by paragraph (2)(C).
(4) Willful alterations. - Notwithstanding the provisions of
paragraphs (1) and (2), the secondary transmission to the public
by a satellite carrier of a performance or display of a work
embodied in a primary transmission made by a superstation or a
network station is actionable as an act of infringement under
section 501, and is fully subject to the remedies provided by
sections 502 through 506 and sections 509 and 510, if the content
of the particular program in which the performance or display is
embodied, or any commercial advertising or station announcement
transmitted by the primary transmitter during, or immediately
before or after, the transmission of such program, is in any way
willfully altered by the satellite carrier through changes,
deletions, or additions, or is combined with programming from any
other broadcast signal.
(5) Violation of territorial restrictions on statutory license
for network stations. -
(A) Individual violations. - The willful or repeated
secondary transmission by a satellite carrier of a primary
transmission made by a network station and embodying a
performance or display of a work to a subscriber who does not
reside in an unserved household is actionable as an act of
infringement under section 501 and is fully subject to the
remedies provided by sections 502 through 506 and 509, except
that -
(i) no damages shall be awarded for such act of
infringement if the satellite carrier took corrective action
by promptly withdrawing service from the ineligible
subscriber, and
(ii) any statutory damages shall not exceed $5 for such
subscriber for each month during which the violation
occurred.
(B) Pattern of violations. - If a satellite carrier engages
in a willful or repeated pattern or practice of delivering a
primary transmission made by a network station and embodying a
performance or display of a work to subscribers who do not
reside in unserved households, then in addition to the remedies
set forth in subparagraph (A) -
(i) if the pattern or practice has been carried out on a
substantially nationwide basis, the court shall order a
permanent injunction barring the secondary transmission by
the satellite carrier, for private home viewing, of the
primary transmissions of any primary network station
affiliated with the same network, and the court may order
statutory damages of not to exceed $250,000 for each 6-month
period during which the pattern or practice was carried out;
and
(ii) if the pattern or practice has been carried out on a
local or regional basis, the court shall order a permanent
injunction barring the secondary transmission, for private
home viewing in that locality or region, by the satellite
carrier of the primary transmissions of any primary network
station affiliated with the same network, and the court may
order statutory damages of not to exceed $250,000 for each
6-month period during which the pattern or practice was
carried out.
(C) Previous subscribers excluded. - Subparagraphs (A) and
(B) do not apply to secondary transmissions by a satellite
carrier to persons who subscribed to receive such secondary
transmissions from the satellite carrier or a distributor
before November 16, 1988.
(D) Burden of proof. - In any action brought under this
paragraph, the satellite carrier shall have the burden of
proving that its secondary transmission of a primary
transmission by a network station is for private home viewing
to an unserved household.
(E) Exception. - The secondary transmission by a satellite
carrier of a performance or display of a work embodied in a
primary transmission made by a network station to subscribers
who do not reside in unserved households shall not be an act of
infringement if -
(i) the station on May 1, 1991, was retransmitted by a
satellite carrier and was not on that date owned or operated
by or affiliated with a television network that offered
interconnected program service on a regular basis for 15 or
more hours per week to at least 25 affiliated television
licensees in 10 or more States;
(ii) as of July 1, 1998, such station was retransmitted by
a satellite carrier under the statutory license of this
section; and
(iii) the station is not owned or operated by or affiliated
with a television network that, as of January 1, 1995,
offered interconnected program service on a regular basis for
15 or more hours per week to at least 25 affiliated
television licensees in 10 or more States.
(6) Discrimination by a satellite carrier. - Notwithstanding
the provisions of paragraph (1), the willful or repeated
secondary transmission to the public by a satellite carrier of a
performance or display of a work embodied in a primary
transmission made by a superstation or a network station is
actionable as an act of infringement under section 501, and is
fully subject to the remedies provided by sections 502 through
506 and 509, if the satellite carrier unlawfully discriminates
against a distributor.
(7) Geographic limitation on secondary transmissions. - The
statutory license created by this section shall apply only to
secondary transmissions to households located in the United
States.
(8) Transitional signal intensity measurement procedures. -
(A) In general. - Subject to subparagraph (C), upon a
challenge by a network station regarding whether a subscriber
is an unserved household within the predicted Grade B Contour
of the station, the satellite carrier shall, within 60 days
after the receipt of the challenge -
(i) terminate service to that household of the signal that
is the subject of the challenge, and within 30 days
thereafter notify the network station that made the challenge
that service to that household has been terminated; or
(ii) conduct a measurement of the signal intensity of the
subscriber's household to determine whether the household is
an unserved household after giving reasonable notice to the
network station of the satellite carrier's intent to conduct
the measurement.
(B) Effect of measurement. - If the satellite carrier
conducts a signal intensity measurement under subparagraph (A)
and the measurement indicates that -
(i) the household is not an unserved household, the
satellite carrier shall, within 60 days after the measurement
is conducted, terminate the service to that household of the
signal that is the subject of the challenge, and within 30
days thereafter notify the network station that made the
challenge that service to that household has been terminated;
or
(ii) the household is an unserved household, the station
challenging the service shall reimburse the satellite carrier
for the costs of the signal measurement within 60 days after
receipt of the measurement results and a statement of the
costs of the measurement.
(C) Limitation on measurements. - (i) Notwithstanding
subparagraph (A), a satellite carrier may not be required to
conduct signal intensity measurements during any calendar year
in excess of 5 percent of the number of subscribers within the
network station's local market that have subscribed to the
service as of the effective date of the Satellite Home Viewer
Act of 1994.
(ii) If a network station challenges whether a subscriber is
an unserved household in excess of 5 percent of the subscribers
within the network station's local market within a calendar
year, subparagraph (A) shall not apply to challenges in excess
of such 5 percent, but the station may conduct its own signal
intensity measurement of the subscriber's household after
giving reasonable notice to the satellite carrier of the
network station's intent to conduct the measurement. If such
measurement indicates that the household is not an unserved
household, the carrier shall, within 60 days after receipt of
the measurement, terminate service to the household of the
signal that is the subject of the challenge and within 30 days
thereafter notify the network station that made the challenge
that service has been terminated. The carrier shall also,
within 60 days after receipt of the measurement and a statement
of the costs of the measurement, reimburse the network station
for the cost it incurred in conducting the measurement.
(D) Outside the predicted grade b contour. - (i) If a network
station challenges whether a subscriber is an unserved
household outside the predicted Grade B Contour of the station,
the station may conduct a measurement of the signal intensity
of the subscriber's household to determine whether the
household is an unserved household after giving reasonable
notice to the satellite carrier of the network station's intent
to conduct the measurement.
(ii) If the network station conducts a signal intensity
measurement under clause (i) and the measurement indicates that
-
(I) the household is not an unserved household, the station
shall forward the results to the satellite carrier who shall,
within 60 days after receipt of the measurement, terminate
the service to the household of the signal that is the
subject of the challenge, and shall reimburse the station for
the costs of the measurement within 60 days after receipt of
the measurement results and a statement of such costs; or
(II) the household is an unserved household, the station
shall pay the costs of the measurement.
(9) Loser pays for signal intensity measurement; recovery of
measurement costs in a civil action. - In any civil action filed
relating to the eligibility of subscribing households as unserved
households -
(A) a network station challenging such eligibility shall,
within 60 days after receipt of the measurement results and a
statement of such costs, reimburse the satellite carrier for
any signal intensity measurement that is conducted by that
carrier in response to a challenge by the network station and
that establishes the household is an unserved household; and
(B) a satellite carrier shall, within 60 days after receipt
of the measurement results and a statement of such costs,
reimburse the network station challenging such eligibility for
any signal intensity measurement that is conducted by that
station and that establishes the household is not an unserved
household.
(10) Inability to conduct measurement. - If a network station
makes a reasonable attempt to conduct a site measurement of its
signal at a subscriber's household and is denied access for the
purpose of conducting the measurement, and is otherwise unable to
conduct a measurement, the satellite carrier shall within 60 days
notice thereof, terminate service of the station's network to
that household.
(11) Service to recreational vehicles and commercial trucks. -
(A) Exemption. -
(i) In general. - For purposes of this subsection, and
subject to clauses (ii) and (iii), the term "unserved
household" shall include -
(I) recreational vehicles as defined in regulations of
the Secretary of Housing and Urban Development under
section 3282.8 of title 24 of the Code of Federal
Regulations; and
(II) commercial trucks that qualify as commercial motor
vehicles under regulations of the Secretary of
Transportation under section 383.5 of title 49 of the Code
of Federal Regulations.
(ii) Limitation. - Clause (i) shall apply only to a
recreational vehicle or commercial truck if any satellite
carrier that proposes to make a secondary transmission of a
network station to the operator of such a recreational
vehicle or commercial truck complies with the documentation
requirements under subparagraphs (B) and (C).
(iii) Exclusion. - For purposes of this subparagraph, the
terms "recreational vehicle" and "commercial truck" shall not
include any fixed dwelling, whether a mobile home or
otherwise.
(B) Documentation requirements. - A recreational vehicle or
commercial truck shall be deemed to be an unserved household
beginning 10 days after the relevant satellite carrier provides
to the network that owns or is affiliated with the network
station that will be secondarily transmitted to the
recreational vehicle or commercial truck the following
documents:
(i) Declaration. - A signed declaration by the operator of
the recreational vehicle or commercial truck that the
satellite dish is permanently attached to the recreational
vehicle or commercial truck, and will not be used to receive
satellite programming at any fixed dwelling.
(ii) Registration. - In the case of a recreational vehicle,
a copy of the current State vehicle registration for the
recreational vehicle.
(iii) Registration and license. - In the case of a
commercial truck, a copy of -
(I) the current State vehicle registration for the truck;
and
(II) a copy of a valid, current commercial driver's
license, as defined in regulations of the Secretary of
Transportation under section 383 of title 49 of the Code of
Federal Regulations, issued to the operator.
(C) Updated documentation requirements. - If a satellite
carrier wishes to continue to make secondary transmissions to a
recreational vehicle or commercial truck for more than a 2-year
period, that carrier shall provide each network, upon request,
with updated documentation in the form described under
subparagraph (B) during the 90 days before expiration of that
2-year period.
(12) Statutory license contingent on compliance with fcc rules
and remedial steps. - Notwithstanding any other provision of this
section, the willful or repeated secondary transmission to the
public by a satellite carrier of a primary transmission embodying
a performance or display of a work made by a broadcast station
licensed by the Federal Communications Commission is actionable
as an act of infringement under section 501, and is fully subject
to the remedies provided by sections 502 through 506 and 509, if,
at the time of such transmission, the satellite carrier is not in
compliance with the rules, regulations, and authorizations of the
Federal Communications Commission concerning the carriage of
television broadcast station signals.
(b) Statutory License for Secondary Transmissions for Private
Home Viewing. -
(1) Deposits with the register of copyrights. - A satellite
carrier whose secondary transmissions are subject to statutory
licensing under subsection (a) shall, on a semiannual basis,
deposit with the Register of Copyrights, in accordance with
requirements that the Register shall prescribe by regulation -
(A) a statement of account, covering the preceding 6-month
period, specifying the names and locations of all superstations
and network stations whose signals were retransmitted, at any
time during that period, to subscribers for private home
viewing as described in subsections (a)(1) and (a)(2), the
total number of subscribers that received such retransmissions,
and such other data as the Register of Copyrights may from time
to time prescribe by regulation; and
(B) a royalty fee for that 6-month period, computed by -
(i) multiplying the total number of subscribers receiving
each secondary transmission of a superstation during each
calendar month by 17.5 cents per subscriber in the case of
superstations that as retransmitted by the satellite carrier
include any program which, if delivered by any cable system
in the United States, would be subject to the syndicated
exclusivity rules of the Federal Communications Commission,
and 14 cents per subscriber in the case of superstations that
are syndex-proof as defined in section 258.2 of title 37,
Code of Federal Regulations;
(ii) multiplying the number of subscribers receiving each
secondary transmission of a network station or the Public
Broadcasting Service satellite feed during each calendar
month by 6 cents; and
(iii) adding together the totals computed under clauses (i)
and (ii).
(2) Investment of fees. - The Register of Copyrights shall
receive all fees deposited under this section and, after
deducting the reasonable costs incurred by the Copyright Office
under this section (other than the costs deducted under paragraph
(4)), shall deposit the balance in the Treasury of the United
States, in such manner as the Secretary of the Treasury directs.
All funds held by the Secretary of the Treasury shall be invested
in interest-bearing securities of the United States for later
distribution with interest by the Librarian of Congress as
provided by this title.
(3) Persons to whom fees are distributed. - The royalty fees
deposited under paragraph (2) shall, in accordance with the
procedures provided by paragraph (4), be distributed to those
copyright owners whose works were included in a secondary
transmission for private home viewing made by a satellite carrier
during the applicable 6-month accounting period and who file a
claim with the Librarian of Congress under paragraph (4).
(4) Procedures for distribution. - The royalty fees deposited
under paragraph (2) shall be distributed in accordance with the
following procedures:
(A) Filing of claims for fees. - During the month of July in
each year, each person claiming to be entitled to statutory
license fees for secondary transmissions for private home
viewing shall file a claim with the Librarian of Congress, in
accordance with requirements that the Librarian of Congress
shall prescribe by regulation. For purposes of this paragraph,
any claimants may agree among themselves as to the
proportionate division of statutory license fees among them,
may lump their claims together and file them jointly or as a
single claim, or may designate a common agent to receive
payment on their behalf.
(B) Determination of controversy; distributions. - After the
first day of August of each year, the Librarian of Congress
shall determine whether there exists a controversy concerning
the distribution of royalty fees. If the Librarian of Congress
determines that no such controversy exists, the Librarian of
Congress shall, after deducting reasonable administrative costs
under this paragraph, distribute such fees to the copyright
owners entitled to receive them, or to their designated agents.
If the Librarian of Congress finds the existence of a
controversy, the Librarian of Congress shall, pursuant to
chapter 8 of this title, convene a copyright arbitration
royalty panel to determine the distribution of royalty fees.
(C) Withholding of fees during controversy. - During the
pendency of any proceeding under this subsection, the Librarian
of Congress shall withhold from distribution an amount
sufficient to satisfy all claims with respect to which a
controversy exists, but shall have discretion to proceed to
distribute any amounts that are not in controversy.
(c) Adjustment of Royalty Fees. -
(1) Applicability and determination of royalty fees. - The rate
of the royalty fee payable under subsection (b)(1)(B) shall be
effective unless a royalty fee is established under paragraph (2)
or (3) of this subsection.
(2) Fee set by voluntary negotiation. -
(A) Notice of initiation of proceedings. - On or before July
1, 1996, the Librarian of Congress shall cause notice to be
published in the Federal Register of the initiation of
voluntary negotiation proceedings for the purpose of
determining the royalty fee to be paid by satellite carriers
under subsection (b)(1)(B).
(B) Negotiations. - Satellite carriers, distributors, and
copyright owners entitled to royalty fees under this section
shall negotiate in good faith in an effort to reach a voluntary
agreement or voluntary agreements for the payment of royalty
fees. Any such satellite carriers, distributors, and copyright
owners may at any time negotiate and agree to the royalty fee,
and may designate common agents to negotiate, agree to, or pay
such fees. If the parties fail to identify common agents, the
Librarian of Congress shall do so, after requesting
recommendations from the parties to the negotiation proceeding.
The parties to each negotiation proceeding shall bear the
entire cost thereof.
(C) Agreements binding on parties; filing of agreements. -
Voluntary agreements negotiated at any time in accordance with
this paragraph shall be binding upon all satellite carriers,
distributors, and copyright owners that are parties thereto.
Copies of such agreements shall be filed with the Copyright
Office within 30 days after execution in accordance with
regulations that the Register of Copyrights shall prescribe.
(D) Period agreement is in effect. - The obligation to pay
the royalty fees established under a voluntary agreement which
has been filed with the Copyright Office in accordance with
this paragraph shall become effective on the date specified in
the agreement, and shall remain in effect until December 31,
1999, or in accordance with the terms of the agreement,
whichever is later.
(3) Fee set by compulsory arbitration. -
(A) Notice of initiation of proceedings. - On or before
January 1, 1997, the Librarian of Congress shall cause notice
to be published in the Federal Register of the initiation of
arbitration proceedings for the purpose of determining a
reasonable royalty fee to be paid under subsection (b)(1)(B) by
satellite carriers who are not parties to a voluntary agreement
filed with the Copyright Office in accordance with paragraph
(2). Such arbitration proceeding shall be conducted under
chapter 8.
(B) Establishment of royalty fees. - In determining royalty
fees under this paragraph, the copyright arbitration royalty
panel appointed under chapter 8 shall establish fees for the
retransmission of network stations and superstations that most
clearly represent the fair market value of secondary
transmissions. In determining the fair market value, the panel
shall base its decision on economic, competitive, and
programming information presented by the parties, including -
(i) the competitive environment in which such programming
is distributed, the cost of similar signals in similar
private and compulsory license marketplaces, and any special
features and conditions of the retransmission marketplace;
(ii) the economic impact of such fees on copyright owners
and satellite carriers; and
(iii) the impact on the continued availability of secondary
transmissions to the public.
(C) Period during which decision of arbitration panel or
order of librarian effective. - The obligation to pay the
royalty fee established under a determination which -
(i) is made by a copyright arbitration royalty panel in an
arbitration proceeding under this paragraph and is adopted by
the Librarian of Congress under section 802(f), or
(ii) is established by the Librarian of Congress under
section 802(f),
shall become effective as provided in section 802(g) or July 1,
1997, whichever is later.
(D) Persons subject to royalty fee. - The royalty fee
referred to in subparagraph (C) shall be binding on all
satellite carriers, distributors, and copyright owners, who are
not party to a voluntary agreement filed with the Copyright
Office under paragraph (2).
(4) Reduction. -
(A) Superstation. - The rate of the royalty fee in effect on
January 1, 1998, payable in each case under subsection
(b)(1)(B)(i) shall be reduced by 30 percent.
(B) Network and public broadcasting satellite feed. - The
rate of the royalty fee in effect on January 1, 1998, payable
under subsection (b)(1)(B)(ii) shall be reduced by 45 percent.
(5) Public broadcasting service as agent. - For purposes of
section 802, with respect to royalty fees paid by satellite
carriers for retransmitting the Public Broadcasting Service
satellite feed, the Public Broadcasting Service shall be the
agent for all public television copyright claimants and all
Public Broadcasting Service member stations.
(d) Definitions. - As used in this section -
(1) Distributor. - The term "distributor" means an entity which
contracts to distribute secondary transmissions from a satellite
carrier and, either as a single channel or in a package with
other programming, provides the secondary transmission either
directly to individual subscribers for private home viewing or
indirectly through other program distribution entities.
(2) Network station. - The term "network station" means -
(A) a television broadcast station, including any translator
station or terrestrial satellite station that rebroadcasts all
or substantially all of the programming broadcast by a network
station, that is owned or operated by, or affiliated with, one
or more of the television networks in the United States which
offer an interconnected program service on a regular basis for
15 or more hours per week to at least 25 of its affiliated
television licensees in 10 or more States; or
(B) a noncommercial educational broadcast station (as defined
in section 397 of the Communications Act of 1934);
except that the term does not include the signal of the Alaska
Rural Communications Service, or any successor entity to that
service.
(3) Primary network station. - The term "primary network
station" means a network station that broadcasts or rebroadcasts
the basic programming service of a particular national network.
(4) Primary transmission. - The term "primary transmission" has
the meaning given that term in section 111(f) of this title.
(5) Private home viewing. - The term "private home viewing"
means the viewing, for private use in a household by means of
satellite reception equipment which is operated by an individual
in that household and which serves only such household, of a
secondary transmission delivered by a satellite carrier of a
primary transmission of a television station licensed by the
Federal Communications Commission.
(6) Satellite carrier. - The term "satellite carrier" means an
entity that uses the facilities of a satellite or satellite
service licensed by the Federal Communications Commission and
operates in the Fixed-Satellite Service under part 25 of title 47
of the Code of Federal Regulations or the Direct Broadcast
Satellite Service under part 100 of title 47 of the Code of
Federal Regulations, to establish and operate a channel of
communications for point-to-multipoint distribution of television
station signals, and that owns or leases a capacity or service on
a satellite in order to provide such point-to-multipoint
distribution, except to the extent that such entity provides such
distribution pursuant to tariff under the Communications Act of
1934, other than for private home viewing.
(7) Secondary transmission. - The term "secondary transmission"
has the meaning given that term in section 111(f) of this title.
(8) Subscriber. - The term "subscriber" means an individual who
receives a secondary transmission service for private home
viewing by means of a secondary transmission from a satellite
carrier and pays a fee for the service, directly or indirectly,
to the satellite carrier or to a distributor.
(9) Superstation. - The term "superstation" -
(A) means a television broadcast station, other than a
network station, licensed by the Federal Communications
Commission that is secondarily transmitted by a satellite
carrier; and
(B) except for purposes of computing the royalty fee,
includes the Public Broadcasting Service satellite feed.
(10) Unserved household. - The term "unserved household", with
respect to a particular television network, means a household
that -
(A) cannot receive, through the use of a conventional,
stationary, outdoor rooftop receiving antenna, an over-the-air
signal of a primary network station affiliated with that
network of Grade B intensity as defined by the Federal
Communications Commission under section 73.683(a) of title 47
of the Code of Federal Regulations, as in effect on January 1,
1999;
(B) is subject to a waiver granted under regulations
established under section 339(c)(2) of the Communications Act
of 1934;
(C) is a subscriber to whom subsection (e) applies;
(D) is a subscriber to whom subsection (a)(11) applies; or
(E) is a subscriber to whom the exemption under subsection
(a)(2)(B)(iii) applies.
(11) Local market. - The term "local market" has the meaning
given such term under section 122(j).
(12) Public broadcasting service satellite feed. - The term
"Public Broadcasting Service satellite feed" means the national
satellite feed distributed and designated for purposes of this
section by the Public Broadcasting Service consisting of
educational and informational programming intended for private
home viewing, to which the Public Broadcasting Service holds
national terrestrial broadcast rights.
(e) Moratorium on Copyright Liability. - Until December 31, 2004,
a subscriber who does not receive a signal of Grade A intensity (as
defined in the regulations of the Federal Communications Commission
under section 73.683(a) of title 47 of the Code of Federal
Regulations, as in effect on January 1, 1999, or predicted by the
Federal Communications Commission using the Individual Location
Longley-Rice methodology described by the Federal Communications
Commission in Docket No. 98-201) of a local network television
broadcast station shall remain eligible to receive signals of
network stations affiliated with the same network, if that
subscriber had satellite service of such network signal terminated
after July 11, 1998, and before October 31, 1999, as required by
this section, or received such service on October 31, 1999.

TERMINATION OF SECTION
For termination of section by section 4(a) of Pub. L. 103-369,
see Termination of Section note below.

AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-273, Sec. 13209(3)(B), amended
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(A)]. See
1999 Amendment note below.
Pub. L. 107-273, Sec. 13209(3)(A), amended Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1006(a)]. See 1999 Amendment note below.
Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 13209(1)(A), made
technical correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1007(2)]. See 1999 Amendment note below.
Subsec. (a)(6). Pub. L. 107-273, Sec. 13210(1), substituted "of a
performance" for "of performance".
Subsec. (a)(12). Pub. L. 107-273, Sec. 13209(1)(B), made
technical correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1007(3)]. See 1999 Amendment note below.
Subsec. (b)(1)(A). Pub. L. 107-273, Sec. 13210(8), substituted
"retransmitted" for "transmitted" and "retransmissions" for
"transmissions".
Subsec. (b)(1)(B)(ii). Pub. L. 107-273, Sec. 13209(2), made
technical correction to directory language of Pub. L. 106-113, Sec.
1000(a)(9) [title I, Sec. 1006(b)]. See 1999 Amendment note below.
1999 - Subsec. (a)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(A)], as amended by Pub. L. 107-273, Sec.
13209(3)(B), substituted "performance or display of a work embodied
in a primary transmission made by a superstation or by the Public
Broadcasting Service satellite feed" for "primary transmission made
by a superstation and embodying a performance or display of a
work".
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(1)],
inserted "with regard to secondary transmissions the satellite
carrier is in compliance with the rules, regulations, or
authorizations of the Federal Communications Commission governing
the carriage of television broadcast station signals," after
"satellite carrier to the public for private home viewing,".
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)], as
amended by Pub. L. 107-273, Sec. 13209(3)(A), in heading
substituted "Superstations and pbs satellite feed" for
"Superstations" and in text inserted "In the case of the Public
Broadcasting Service satellite feed, the statutory license shall be
effective until January 1, 2002." at end. Pub. L. 107-273, Sec.
13209(3)(A)(ii), which repealed Pub. L. 106-113, Sec. 1000(a)(9)
[title I, Sec. 1006(a)(2)], was executed by striking out "or by the
Public Broadcasting Service satellite feed" which had been inserted
by section 1006(a)(2) after "of a primary transmission made by a
superstation", to reflect the probable intent of Congress.
Subsec. (a)(2)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(b)(2)(A)], substituted "a performance or display of a
work embodied in a primary transmission made by a network station"
for "programming contained in a primary transmission made by a
network station and embodying a performance or display of a work".
Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(2)], as
amended by Pub. L. 107-273, Sec. 13209(1)(A), inserted "with regard
to secondary transmissions the satellite carrier is in compliance
with the rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals," after "satellite carrier to the public
for private home viewing,".
Subsec. (a)(2)(B). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(a)(2)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "The statutory
license provided for in subparagraph (A) shall be limited to
secondary transmissions to persons who reside in unserved
households."
Subsec. (a)(2)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1011(c)], struck out "currently" after "all subscribers to
which the satellite carrier" in first sentence.
Subsec. (a)(4). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1011(b)(2)(C)], inserted "a performance or display of a work
embodied in" after "by a satellite carrier of" and struck out "and
embodying a performance or display of a work" after "network
station".
Subsec. (a)(5)(E). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1005(b)], added subpar. (E).
Subsec. (a)(6). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1011(b)(2)(D)], inserted "performance or display of a work embodied
in" after "by a satellite carrier of" and struck out "and embodying
a performance or display of a work" after "network station".
Subsec. (a)(8)(C)(ii). Pub. L. 106-44 substituted "within the
network station's" for "within the network's station" in first
sentence.
Subsec. (a)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(d)], added par. (11).
Subsec. (a)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1007(3)], as amended by Pub. L. 107-273, Sec. 13209(1)(B), added
par. (12).
Subsec. (b)(1)(B)(ii). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1006(b)], as amended by Pub. L. 107-273, Sec. 13209(2),
inserted "or the Public Broadcasting Service satellite feed" after
"network station".
Subsec. (c)(4), (5). Pub. L. 106-113, Sec. 1000(a)(9) [title I,
Sec. 1004], added pars. (4) and (5).
Subsec. (d)(2). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1008(b)], substituted a semicolon for the period at end of subpar.
(B) and inserted concluding provisions.
Subsec. (d)(9). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1006(c)(1)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "The term
'superstation' means a television broadcast station, other than a
network station, licensed by the Federal Communications Commission
that is secondarily transmitted by a satellite carrier."
Subsec. (d)(10). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(a)(1)], added par. (10) and struck out heading and text of
former par. (10). Text read as follows: "The term 'unserved
household', with respect to a particular television network, means
a household that -
"(A) cannot receive, through the use of a conventional outdoor
rooftop receiving antenna, an over-the-air signal of grade B
intensity (as defined by the Federal Communications Commission)
of a primary network station affiliated with that network, and
"(B) has not, within 90 days before the date on which that
household subscribes, either initially or on renewal, to receive
secondary transmissions by a satellite carrier of a network
station affiliated with that network, subscribed to a cable
system that provides the signal of a primary network station
affiliated with that network."
Subsec. (d)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(e)], reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: "The term
'local market' means the area encompassed within a network
station's predicted Grade B contour as that contour is defined by
the Federal Communications Commission."
Subsec. (d)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1006(c)(2)], added par. (12).
Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec.
1005(c)], amended heading and text of subsec. (e) generally. Prior
to amendment, text read as follows: "No provision of section 111 of
this title or any other law (other than this section) shall be
construed to contain any authorization, exemption, or license
through which secondary transmissions by satellite carrier for
private home viewing of programming contained in a primary
transmission made by a superstation or a network station may be
made without obtaining the consent of the copyright owner."
1997 - Subsec. (a)(5)(C). Pub. L. 105-80, Sec. 1(3), amended Pub.
L. 103-369, Sec. 2(5)(A). See 1994 Amendment note below.
Subsec. (b)(1)(B)(i). Pub. L. 105-80, Sec. 1(1), amended Pub. L.
103-369, Sec. 2(3)(A). See 1994 Amendment note below.
Subsec. (c)(1). Pub. L. 105-80, Sec. 12(a)(8), which directed
substitution of "unless" for "until unless" before "a royalty fee",
could not be executed because "until" did not appear subsequent to
amendment by Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub. L.
105-80, Sec. 1(2). See 1994 Amendment note below.
Pub. L. 105-80, Sec. 1(2), amended Pub. L. 103-369, Sec. 2(4)(A).
See 1994 Amendment note below.
Subsec. (c)(2)(A), (D), (3)(A)-(C). Pub. L. 105-80, Sec. 1(2),
amended Pub. L. 103-369, Sec. 2(4). See 1994 Amendment notes below.
1995 - Subsec. (a)(1), (2)(A). Pub. L. 104-39 inserted "and
section 114(d)" after "of this subsection".
1994 - Subsec. (a)(2)(C). Pub. L. 103-369, Sec. 2(1), struck out
"90 days after the effective date of the Satellite Home Viewer Act
of 1988, or" before "90 days after commencing", "whichever is
later," before "submit to the network that owns", and ", on or
after the effective date of the Satellite Home Viewer Act of 1988,"
after "Register of Copyrights", and inserted "name and" after
"identifying (by" in two places.
Subsec. (a)(5)(C). Pub. L. 103-369, Sec. 2(5)(A), as amended by
Pub. L. 105-80, Sec. 1(3), substituted "November 16, 1988" for "the
date of the enactment of the Satellite Home Viewer Act of 1988".
Subsec. (a)(5)(D). Pub. L. 103-369, Sec. 2(2), added subpar. (D).
Subsec. (a)(8) to (10). Pub. L. 103-369, Sec. 2(5)(B), added
pars. (8) to (10).
Subsec. (b)(1)(B)(i). Pub. L. 103-369, Sec. 2(3)(A), as amended
by Pub. L. 105-80, Sec. 1(1), substituted "17.5 cents per
subscriber in the case of superstations that as retransmitted by
the satellite carrier include any program which, if delivered by
any cable system in the United States, would be subject to the
syndicated exclusivity rules of the Federal Communications
Commission, and 14 cents per subscriber in the case of
superstations that are syndex-proof as defined in section 258.2 of
title 37, Code of Federal Regulations" for "12 cents".
Subsec. (b)(1)(B)(ii). Pub. L. 103-369, Sec. 2(3)(B), substituted
"6 cents" for "3 cents".
Subsec. (c)(1). Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub.
L. 105-80, Sec. 1(2), struck out "until December 31, 1992," before
"unless a royalty fee", substituted "paragraph (2) or (3) of this
subsection" for "paragraph (2), (3), or (4) of this subsection",
and struck out at end "After that date, the fee shall be determined
either in accordance with the voluntary negotiation procedure
specified in paragraph (2) or in accordance with the compulsory
arbitration procedure specified in paragraphs (3) and (4)."
Subsec. (c)(2)(A). Pub. L. 103-369, Sec. 2(4)(B)(i), as amended
by Pub. L. 105-80, Sec. 1(2), substituted "July 1, 1996" for "July
1, 1991".
Subsec. (c)(2)(D). Pub. L. 103-369, Sec. 2(4)(B)(ii), as amended
by Pub. L. 105-80, Sec. 1(2), substituted "December 31, 1999, or in
accordance with the terms of the agreement, whichever is later" for
"December 31, 1994".
Subsec. (c)(3)(A). Pub. L. 103-369, Sec. 2(4)(C)(i), as amended
by Pub. L. 105-80, Sec. 1(2), substituted "January 1, 1997" for
"December 31, 1991".
Subsec. (c)(3)(B). Pub. L. 103-369, Sec. 2(4)(C)(ii), as amended
by Pub. L. 105-80, Sec. 1(2), amended subpar. (B) generally. Prior
to amendment, subpar. (B) read as follows:
"(B) Factors for determining royalty fees. - In determining
royalty fees under this paragraph, the copyright arbitration
royalty panel appointed under chapter 8 shall consider the
approximate average cost to a cable system for the right to
secondarily transmit to the public a primary transmission made by a
broadcast station, the fee established under any voluntary
agreement filed with the Copyright Office in accordance with
paragraph (2), and the last fee proposed by the parties, before
proceedings under this paragraph, for the secondary transmission of
superstations or network stations for private home viewing. The fee
shall also be calculated to achieve the following objectives:
"(i) To maximize the availability of creative works to the
public.
"(ii) To afford the copyright owner a fair return for his or
her creative work and the copyright user a fair income under
existing economic conditions.
"(iii) To reflect the relative roles of the copyright owner and
the copyright user in the product made available to the public
with respect to relative creative contribution, technological
contribution, capital investment, cost, risk, and contribution to
the opening of new markets for creative expression and media for
their communication.
"(iv) To minimize any disruptive impact on the structure of the
industries involved and on generally prevailing industry
practices."
Subsec. (c)(3)(C). Pub. L. 103-369, Sec. 2(4)(C)(iii), as amended
by Pub. L. 105-80, Sec. 1(2), inserted before period at end "or
July 1, 1997, whichever is later".
Subsec. (d)(2). Pub. L. 103-369, Sec. 2(6)(A), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
"(2) Network station. - The term 'network station' has the
meaning given that term in section 111(f) of this title, and
includes any translator station or terrestrial satellite station
that rebroadcasts all or substantially all of the programming
broadcast by a network station."
Subsec. (d)(6). Pub. L. 103-369, Sec. 2(6)(B), inserted "and
operates in the Fixed-Satellite Service under part 25 of title 47
of the Code of Federal Regulations or the Direct Broadcast
Satellite Service under part 100 of title 47 of the Code of Federal
Regulations" after "Federal Communications Commission".
Subsec. (d)(11). Pub. L. 103-369, Sec. 2(6)(C), added par. (11).
1993 - Subsec. (b)(1). Pub. L. 103-198, Sec. 5(1)(A), struck out
", after consultation with the Copyright Royalty Tribunal," in
introductory provisions after "Register shall" and in subpar. (A)
after "Copyrights may".
Subsec. (b)(2), (3). Pub. L. 103-198, Sec. 5(1)(B), (C),
substituted "Librarian of Congress" for "Copyright Royalty
Tribunal".
Subsec. (b)(4). Pub. L. 103-198, Sec. 5(1)(D), in subpar. (A),
substituted "Librarian of Congress" for "Copyright Royalty
Tribunal" after "claim with the" and for "Tribunal" after
"requirements that the", in subpar. (B), substituted "Librarian of
Congress" for "Copyright Royalty Tribunal" before "shall determine"
and for "Tribunal" wherever else appearing, and substituted
"convene a copyright arbitration royalty panel" for "conduct a
proceeding", and in subpar. (C), substituted "Librarian of
Congress" for "Copyright Royalty Tribunal".
Subsec. (c). Pub. L. 103-198, Sec. 5(2)(A), substituted
"Adjustment" for "Determination" in heading.
Subsec. (c)(2). Pub. L. 103-198, Sec. 5(2)(B), substituted
"Librarian of Congress" for "Copyright Royalty Tribunal" in
subpars. (A) and (B).
Subsec. (c)(3)(A). Pub. L. 103-198, Sec. 5(2)(C)(i), substituted
"Librarian of Congress" for "Copyright Royalty Tribunal" and
substituted last sentence for former last sentence which read as
follows: "Such notice shall include the names and qualifications of
potential arbitrators chosen by the Tribunal from a list of
available arbitrators obtained from the American Arbitration
Association or such similar organization as the Tribunal shall
select."
Subsec. (c)(3)(B). Pub. L. 103-198, Sec. 5(2)(C)(ii), (iii),
redesignated subpar. (D) as (B), substituted "copyright arbitration
royalty panel appointed under chapter 8" for "Arbitration Panel" in
introductory provisions, and struck out former subpar. (B) which
provided for the selection of an Arbitration Panel.
Subsec. (c)(3)(C). Pub. L. 103-198, Sec. 5(2)(C)(ii), (v),
redesignated subpar. (G) as (C), amended subpar. generally,
substituting provisions relating to period during which decision of
arbitration panel or order of Librarian of Congress becomes
effective for provisions relating to period during which decision
of Arbitration Panel or order of Copyright Royalty Tribunal became
effective, and struck out former subpar. (C) which related to
proceedings in arbitration.
Subsec. (c)(3)(D). Pub. L. 103-198, Sec. 5(2)(C)(vi),
redesignated subpar. (H) as (D) and substituted "referred to in
subparagraph (C)" for "adopted or ordered under subparagraph (F)".
Former subpar. (D) redesignated (B).
Subsec. (c)(3)(E) to (H). Pub. L. 103-198, Sec.
5(2)(C)(iv)-(vi)(I), struck out subpar. (E) which required the
Arbitration Panel to report to the Copyright Royalty Tribunal not
later than 60 days after publication of notice initiating an
arbitration proceeding, struck out subpar. (F) which required
action by the Tribunal within 60 days after receiving the report by
the Panel, and redesignated subpars. (G) and (H) as (C) and (D),
respectively.
Subsec. (c)(4). Pub. L. 103-198, Sec. 5(2)(D), struck out par.
(4) which established procedures for judicial review of decisions
of the Copyright Royalty Tribunal.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by section 1000(a)(9) [title I, Secs. 1004, 1006] of
Pub. L. 106-113 effective July 1, 1999, and amendment by section
1000(a)(9) [title I, Secs. 1005, 1007, 1008(b), 1011(b)(2), (c)] of
Pub. L. 106-113 effective Nov. 29, 1999, see section 1000(a)(9)
[title I, Sec. 1012] of Pub. L. 106-113, set out as a note under
section 101 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 13 of Pub. L. 105-80 provided that:
"(a) In General. - Except as provided in subsections (b) and (c),
the amendments made by this Act [amending this section, sections
101, 104A, 108 to 110, 114 to 116, 303, 304, 405, 407, 411, 504,
509, 601, 708, 801 to 803, 909, 910, 1006, and 1007 of this title,
and section 2319 of Title 18, Crimes and Criminal Procedure, and
amending provisions set out as a note under section 914 of this
title] shall take effect on the date of the enactment of this Act
[Nov. 13, 1997].
"(b) Satellite Home Viewer Act. - The amendments made by section
1 [amending this section] shall be effective as if enacted as part
of the Satellite Home Viewer Act of 1994 (Public Law 103-369).
"(c) Technical Amendment. - The amendment made by section
12(b)(1) [amending provisions set out as a note under section 914
of this title] shall be effective as if enacted on November 9,
1987."
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-39 effective 3 months after Nov. 1,
1995, see section 6 of Pub. L. 104-39, set out as a note under
section 101 of this title.
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Section 6 of Pub. L. 103-369 provided that:
"(a) In General. - Except as provided in subsections (b) and (d),
this Act [amending this section and section 111 of this title,
enacting provisions set out as notes under this section and section
101 of this title, and repealing provisions set out as a note under
this section] and the amendments made by this Act take effect on
the date of the enactment of this Act [Oct. 18, 1994].
"(b) Burden of Proof Provisions. - The provisions of section
119(a)(5)(D) of title 17, United States Code (as added by section
2(2) of this Act) relating to the burden of proof of satellite
carriers, shall take effect on January 1, 1997, with respect to
civil actions relating to the eligibility of subscribers who
subscribed to service as an unserved household before the date of
the enactment of this Act.
"(c) Transitional Signal Intensity Measurement Procedures. - The
provisions of section 119(a)(8) of title 17, United States Code (as
added by section 2(5) of this Act), relating to transitional signal
intensity measurements, shall cease to be effective on December 31,
1996.
"(d) Local Service Area of a Primary Transmitter. - The amendment
made by section 3(b) [amending section 111 of this title], relating
to the definition of the local service area of a primary
transmitter, shall take effect on July 1, 1994."
EFFECTIVE DATE
Section 206 of title II of Pub. L. 100-667 provided that: "This
title and the amendments made by this title [enacting this section
and sections 612 and 613 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending sections 111, 501, 801, and 804 of this
title and section 605 of Title 47, and enacting provisions set out
as notes under this section and section 101 of this title] take
effect on January 1, 1989, except that the authority of the
Register of Copyrights to issue regulations pursuant to section
119(b)(1) of title 17, United States Code, as added by section 202
of this Act, takes effect on the date of the enactment of this Act
[Nov. 16, 1988]."
Section 207 of title II of Pub. L. 100-667 provided that this
title and the amendments made by this title (other than the
amendments made by section 205 [amending section 605 of Title 47])
cease to be effective on Dec. 31, 1994, prior to repeal by Pub. L.
103-369, Sec. 4(b), Oct. 18, 1994, 108 Stat. 3481.
TERMINATION OF SECTION
Section 4(a) of Pub. L. 103-369, as amended by Pub. L. 106-113,
div. B, Sec. 1000(a)(9) [title I, Sec. 1003], Nov. 29, 1999, 113
Stat. 1536, 1501A-527, provided that: "Section 119 of title 17,
United States Code, as amended by section 2 of this Act, ceases to
be effective on December 31, 2004."
APPLICABILITY OF 1994 AMENDMENT
Section 5 of Pub. L. 103-369 provided that: "The amendments made
by this section apply only to section 119 of title 17, United
States Code."

Last modified: April 19, 2006