[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3191 Engrossed in Senate (ES)]
111th CONGRESS
2d Session
S. 3191
_______________________________________________________________________
AN ACT
To reauthorize the Satellite Home Viewer Extension and Reauthorization
Act of 2004, 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
Televison 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 noncommercial 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
modifications.
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.
TITLE I--STATUTORY LICENSES
SEC. 101. REFERENCE.
Except as otherwise provided, whenever in this title an amendment
is made to a section or other provision, the reference shall be
considered to be made to such 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 private 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, originating 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 Communications 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
Regulations), 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 ``Satellite 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) July 1, 2010, for multicast streams that
exist on December 31, 2009; and
``(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
semicolon at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) a filing fee, as determined by the Register
of Copyrights pursuant to section 708(a).''.
(d) Deposit of Statements and Fees; Verification Procedures.--
Section 119(b) is amended--
(1) by amending the subsection heading to read as follows:
``(b) Deposit of Statements and Fees; Verification
Procedures.--'';
(2) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) a royalty fee payable to copyright owners
pursuant to paragraph (4) for that 6-month period,
computed by multiplying the total number of subscribers
receiving each 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
paragraphs (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 subsection.'';
(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
``paragraph (5)'';
(6) in paragraph (4), as redesignated--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (3)''; and
(B) by striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (5)''; and
(7) in paragraph (5), as redesignated, by striking
``paragraph (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 ``May 1,
2010, the Copyright Royalty Judges''; and
(ii) by striking ``primary analog
transmission'' and inserting ``primary
transmissions'';
(D) in subparagraph (C), by striking ``Librarian of
Congress'' 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 Royalty Judges'';
and
(IV) in subclause (III)--
(aa) by striking ``(III)
The Librarian'' and inserting
the following:
``(III) Adoption of fees.--The
Copyright Royalty Judges'';
(bb) by striking ``an
arbitration proceeding'' and
inserting ``the proceeding
under subparagraph (F)''; and
(cc) by striking ``the
arbitration proceeding'' and
inserting ``that proceeding'';
(F) in subparagraph (E)--
(i) by striking ``Copyright Office'' and
inserting ``Copyright Royalty Judges''; and
(ii) by striking ``April 30, 2010'' and
inserting ``December 31, 2020''; 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 ``July
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'';
(dd) by striking ``primary
analog transmission'' and
inserting ``the primary
transmissions''; 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 preceding subclause (I) to read as
follows:
``(ii) Establishment of royalty fees.--In
determining royalty fees under this
subparagraph, the Copyright Royalty Judges
shall establish fees for the secondary
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 voluntary
agreement filed with the Copyright Royalty
Judges in accordance with subparagraph (D). In
determining the fair market value, the Judges
shall base their decision on economic,
competitive, and programming 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 occurring 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.--
``(A) 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.
``(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 paragraphs
(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
paragraph (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 mandatory 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 associated 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 affiliated 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);
(B) by striking paragraph (3) and redesignating
paragraphs (4) through (14) as paragraphs (3) through
(13), respectively; and
(C) by striking paragraph (15) and redesignating
paragraph (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 ``subparagraphs (B) and (C) of
this paragraph and paragraphs (5), (6),
(7), and (8)'' and inserting
``subparagraph (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 transmission 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 subscribers 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 Transmissions by
Satellite Carriers.--
(1) Predictive model.--Section 119(a)(2)(B)(ii) is amended
by adding at the end the following:
``(III) Accurate predictive model
with respect to digital signals.--
Notwithstanding subclause (I), in
determining presumptively whether a
person resides in an unserved household
under subsection (d)(10)(A) with
respect to digital signals, a court
shall rely on a predictive model set
forth by the Federal Communications
Commission pursuant to a rulemaking as
provided in section 339(c)(3) of the
Communications Act of 1934 (47 U.S.C.
339(c)(3)), as that model may be
amended by the Commission over time
under such 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
retransmissions 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 subscriber 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 secondary transmission, resides
in a local market where the satellite carrier
makes available to that person 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.
``(ii) When local signal available after
subscription.--In the case of a subscriber who
lawfully subscribes to and receives the
secondary transmission by a satellite carrier
of the primary transmission 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 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 subscriber
elects to terminate such secondary
transmissions, 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
redesignated) 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
``April 30, 2010'' and inserting ``December 31, 2020''.
(k) Clerical Amendments.--Section 119 is amended--
(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 satellite''.
(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
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
``(C) the satellite carrier makes a direct or
indirect charge for the secondary transmission to--
``(i) each subscriber receiving the
secondary transmission; 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 transmissions under paragraph (1) shall be
subject to statutory licensing under this paragraph if
the secondary transmission 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
Communications Commission to be significantly viewed in
such community, pursuant to the rules, regulations, and
authorizations of the Federal Communications Commission
in effect on April 15, 1976, applicable to determining
with respect to a cable system whether signals are
significantly viewed in a community.
``(B) Waiver.--A subscriber who is denied the
secondary transmission of the primary transmission of a
network 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-network 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 programming.--
``(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 television broadcast station to subscribers who
receive secondary transmissions of primary
transmissions under paragraph (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
translators.--Secondary transmissions provided for in
subparagraph (A) shall not apply to any low power
television station 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
transmission 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
station.--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 statutory 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 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 transmissions 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 transmissions of any network station located in
that State, if the satellite carrier was making such
secondary transmissions 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 statutory license provided for in this
paragraph shall apply to the secondary transmission by
a satellite carrier to subscribers 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, educational, 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
transmission of a noncommercial educational broadcast
station located within the State pursuant to paragraph
(1).
``(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:
``station--
``(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 secondary 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 paragraph (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:
``network--
``(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 subscribers 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 Transmissions.--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'';
(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
```network 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
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 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 TRANSMISSION RIGHTS
UNDER SECTION 111.
(a) Heading Renamed.--
(1) In general.--The heading of section 111 is amended by
inserting at the end the following: ``of broadcast programming
by cable''.
(2) Table of contents.--The table of 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 programming 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)--
(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 equivalents; 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 transmitter; and
``(iii) if a cable system provides a
secondary transmission 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
subscribers 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 of enactment to compute the royalty
fee due using such methodology, shall not be subject to
an action for infringement, 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 purpose of this paragraph shall be
computed by subtracting 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
distribution.--The royalty fees''; and
(5) by adding at the end the following new paragraphs:
``(5) 3.75 percent rate and syndicated exclusivity
surcharge 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',
respectively), 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
transmissions pursuant to this section of the information
reported on the semiannual statements of account filed under
this subsection on or after January 1, 2010, in order that the
auditor designated under subparagraph (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
qualified 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 systems
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 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 occurring 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
transmission'''; 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
Possession'' and inserting ``territory, trust
territory, or possession of the United States'';
(4) in the fourth undesignated paragraph, in the first
sentence--
(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 transmitted
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 Federal
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
subparagraph (B), a `distant signal equivalent'--
``(i) is the value assigned to the
secondary transmission 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 primary stream and
to each multicast stream (other than a
simulcast) that is a network station or a
noncommercial educational station.
``(B) Exceptions.--The values for independent,
network, 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 program and such rules and
regulations also permit the substitution of
another program embodying a performance 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 transmitted
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 substitution 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 programming rules of
the Federal Communications Commission, or the
secondary transmission of a primary transmitter
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
independent, network, and noncommercial
educational stations set forth in subparagraph
(A), as the case may be, shall be multiplied by
a fraction that is equal 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
`network 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 affiliated 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 station'
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
primary 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
Television 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 station as an analog signal; or
``(B) if there is no stream described in
subparagraph (A), then the single digital stream of
programming transmitted by the television broadcast
station for the longest period of time.
``(10) Primary transmitter.--A `primary transmitter' is a
television or radio broadcast station licensed by the Federal
Communications Commission, or by an appropriate governmental
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
person 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 nonnetwork.--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 subsection (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.--
(1) In general.--Subject to paragraphs (2) and (3), the
amendments made by this section, to the extent such amendments
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
transmitter 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 transmitter 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
written agreements for the secondary transmission of
such streams.--In any case in which the secondary
transmission 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 association representing the cable
system and a primary transmitter or an association
representing the primary transmitter, a distant signal
equivalent value (referred to in paragraph (1)) shall
not be assigned to secondary transmissions 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
enactment 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.--
``(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 subsection (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 discretion 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
paragraph.
``(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.--
``(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 request for a waiver of the
injunction; and
``(iii) 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).
``(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
recognition.--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 voluntarily terminated such
recognition under subparagraph (C).
``(4) Qualified carrier obligations and compliance.--
``(A) Continuing obligations.--
``(i) In general.--An entity recognized as
a qualified carrier shall continue to provide
local-into-local service to all DMAs.
``(ii) Cooperation with gao examination.--
An entity recognized as a qualified carrier
shall fully cooperate with the Comptroller
General in the examination required by
subparagraph (B).
``(B) Qualified carrier compliance examination.--
``(i) Examination and report.--The
Comptroller General shall conduct an
examination and publish a report concerning the
qualified carrier's compliance with the royalty
payment and household eligibility requirements
of the license under this section. The report
shall address the qualified 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
December 31, 2011.
``(ii) Records of qualified carrier.--
Beginning on the date that is one year after
the date on which the qualified carrier is
recognized as such under paragraph (3)(B), but
not later than October 1, 2011, the qualified
carrier shall provide the Comptroller General
with all records that the Comptroller General,
in consultation with the Register of
Copyrights, considers to be directly pertinent
to the following requirements under this
section:
``(I) Proper calculation and
payment of royalties under the
statutory license under this section.
``(II) Provision of service under
this license to eligible subscribers
only.
``(iii) Submission of report.--The
Comptroller General shall file the report
required by clause (i) not later than March 1,
2012, with the court referred to in paragraph
(1) that issued the injunction, 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
Transportation of the Senate.
``(iv) Evidence of infringement.--The
Comptroller General shall include in the report
a statement of whether the examination by the
Comptroller General indicated that there is
substantial evidence that a copyright holder
could bring a successful action under this
section against the qualified carrier for
infringement. The Comptroller General shall
consult with the Register of Copyrights in
preparing such statement.
``(v) Subsequent examination.--If the
report includes the Comptroller General's
statement that there is substantial evidence
that a copyright holder could bring a
successful action under this section against
the qualified carrier for infringement, the
Comptroller General shall, not later than 6
months after the report under clause (i) is
published, 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
Comptroller General shall file a report on such
examination with the court referred to in
paragraph (1) that issued the injunction, 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
Transportation of the Senate. The report shall
include a statement described in clause (iv),
prepared in consultation with the Register of
Copyrights.
``(vi) Compliance.--Upon motion filed by an
aggrieved copyright owner, the court
recognizing an entity as a qualified carrier
shall terminate such designation upon finding
that the entity has failed to cooperate with
the examinations required by this subparagraph.
``(C) Affirmation.--A qualified carrier shall file
an affidavit with the district court and the Register
of Copyrights 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.
``(D) Compliance determination.--Upon the motion of
an aggrieved television broadcast station, the court
recognizing an entity as a qualified carrier may make a
determination 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 carrier shall have the burden of proving that
the entity provided 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
``(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
subparagraph (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 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
collection and administration of the statements of account and
any royalty fees deposited with such statements.''.
SEC. 107. TERMINATION OF LICENSE.
Section 1003(a)(2)(A) of Public Law 111-118 is amended by striking
``April 30, 2010'' and inserting ``December 31, 2020''.
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 regulations issued
thereunder.
TITLE II--COMMUNICATIONS PROVISIONS
SEC. 201. REFERENCE.
Except as otherwise provided, whenever in this title an amendment
is made to a section or other provision, the reference shall be
considered to be made to such section or provision of the
Communications 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 ``April 30, 2010'' and
inserting ``December 31, 2020''; and
(2) in paragraph (3)(C), by striking ``May 1, 2010'' each
place it appears in clauses (ii) and (iii) and inserting
``January 1, 2021''.
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
retransmissions to subscribers of a satellite carrier who
receive retransmissions of a signal from that satellite carrier
pursuant to section 338.
``(2) Service limitations.--A satellite carrier may
retransmit 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 240 days after the date of the
enactment of this Act, the Federal Communications Commission shall take
all actions necessary to promulgate a rule to implement the amendments
made by subsection (a).
SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.
(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
stations 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
retransmits the signals of local television broadcast stations
in a local market in high definition format, the carrier shall
retransmit 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 network 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 follows:
``(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
subparagraph 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 1, 2005,
the signal of a local network station
affiliated 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 television 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 network 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 affiliated 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
available 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 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 redesignated) 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 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
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
regulation; or
``(III) is in an unserved
household, as determined 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 subscriber if, in the case of any local
market in the 48 contiguous States of the
United States, the distant signal is the
secondary transmission of a station whose prime
time network programming is generally broadcast
simultaneously with, or later than, the prime
time network programming of the affiliate of
the same network in the local market.''; and
(VII) by redesignating clause (x)
as clause (iv); and
(vi) in subparagraph (E), by striking
``distant analog 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 240 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 240 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 conducted in accordance with such clause
demonstrate that the subscriber does not receive a
signal that meets or exceeds the requisite signal
intensity standard in such clause, the subscriber shall
not be denied the retransmission 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
intensity'' 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
intensity''.
(c) Section 340.--Section 340(i) is amended by striking paragraph
(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 Communications 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 Stations.--
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 subscriber'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; satellite
carrier; subscriber; television broadcast station.--The terms
``local market'', ``low power television station'', ``satellite
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 CERTIFICATION.
``(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
``(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 certification
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 provided 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 Television Extension and Localism Act of 2010.
``(2) For each designated market area not listed in
paragraph (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 manufacturer'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
necessary to determine whether the Commission shall
grant a certification under this section.
``(c) Certification Issuance.--
``(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 relevant satellite transponder
is not more than the then current
greatest number of video signals
carried on any equivalent transponder
serving the top 100 designated market
areas.
``(B) Determination.--For the purposes of
subparagraph (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 carrier's application for
certification under this section.''.
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 stations.--
``(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 noncommercial 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 initiates the provision, under
section 122 of title 17, United States Code, of 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 all
qualified noncommercial educational television stations
located within that local market.''.
(b) Definitions.--Section 338(k) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Eligible satellite carrier.--The term `eligible
satellite carrier' means any satellite carrier that is not a
party to a carriage contract that--
``(A) governs carriage of at least 30 qualified
noncommercial educational television stations; and
``(B) is in force and effect within 120 days after
the date of enactment of the Satellite Television
Extension and Localism Act of 2010.'';
(3) by redesignating paragraphs (6) through (9) (as
previously redesignated) as paragraphs (7) through (10),
respectively; and
(4) by inserting after paragraph (5) (as so redesignated)
the following new paragraph:
``(6) Qualified noncommercial educational television
station.--The term `qualified noncommercial educational
television 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 foundation, 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
``primary 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
``educational,'' 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
provider.--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 educational or
informational nature.'';
(3) in paragraph (5), by striking ``For purposes of the
subsection--'' 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
``(iii) does not delete any noncommercial
programming 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
noncommercial 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
independent 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 Representatives.
SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY LICENSING.
Not later than 1 year 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 appropriate 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 transmission
directly with respect to all of the performances and displays
embodied in such primary transmission;
(2) any recommendations for alternative means to implement
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 STATUTORY LICENSING
MODIFICATIONS.
(a) Study.--The Comptroller General shall conduct a study that
analyzes and evaluates the changes to the carriage requirements
currently imposed on multichannel video programming 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 1 year 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 1 year 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 180th day after the date of the
enactment of this Act, and on each succeeding anniversary of
such 180th 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 preceding 1-year period; and
(B) detailed information regarding the use and
potential 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 180 days
after the date of the enactment of this Act, the Federal
Communications 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
Congressional committees containing its findings, conclusions,
and recommendations.
(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
Communications 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 Communications Commission under
this Act or the Communications Act of 1934 shall be construed to
prevent a multichannel video programming 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 distributor
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 transmission 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.
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.
Passed the Senate March 26 (legislative day, March 25),
2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 3191
_______________________________________________________________________
AN ACT
To reauthorize the Satellite Home Viewer Extension and Reauthorization
Act of 2004, and for other purposes.