Page:H.R. Rep. No. 94-1476 (1976) Page 217.djvu

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 * width="33%" valign="top" align="center"|TEXT ADOPTED BY SENATE
 * width="33%" valign="top" align="center"|TEXT OF EXISTING LAW
 * width="33%" valign="top" align="center"|TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
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 * at large but is controlled and limited to reception by particular members of the public: Provided, however, That such secondary transmission is not actionable as an act of infringement if—
 * (1) the primary transmission is made by a broadcast station licensed by the Federal Communications Commission;
 * (2) the carriage of the signals comprising the secondary transmission is required under the rules, regulations, or authorizations of the Federal Communications Commission; and
 * (3) the signal of the primary transmitter is not altered or changed in any way by the secondary transmitted.
 * (2) the carriage of the signals comprising the secondary transmission is required under the rules, regulations, or authorizations of the Federal Communications Commission; and
 * (3) the signal of the primary transmitter is not altered or changed in any way by the secondary transmitted.


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 * (c) —

(1) Subject to the provisions of clause (2) of this subsection, secondary transmissions to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission and embodying a performance or display of a work shall be subject to compulsory licensing upon compliance with the requirements of subsection (d) in the following cases:
 * (A) Where the signals comprising the primary transmission are exclusively aural and the secondary transmission is permissible under the rules, regulations or authorizations of the Federal Communications Commission; or
 * (B) Where the community of the cable system is in whole or in part within the local service area of the primary transmitter; or


 * (c) —
 * (c) —

(1) Subject to the provisions of clauses (2), (3), and (4) of this subsection, secondary transmissions to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work shall be subject to compulsory licensing upon compliance with the requirements of subsection (d) where
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