Page:United States Statutes at Large Volume 102 Part 4.djvu/979

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3949

TITLE II—SATELLITE HOME VIEWER ACT Sr A?tTf' , SEC. 201. SHORT TITLE.

1988. Communications and telecom-

This title may be cited as the "Satellite Home Viewer Act of munications. 1988".

17 USC 101 note.

SEC. 202. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

Title 17, United States Code, is amended as follows: (1) Section 111 of title 17, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (3) by striking "or" at the end; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting the following after paragraph (3): "(4) the secondary transmission is made by a satellite carrier for private home viewing pursuant to a statutory license under section 119; or"; and (B) in subsection (d)(l)(A) by inserting before "Such statement" the following: "In determining the total number of subscribers and the gross amounts paid to the cable system for the basic service of providing secondary transmissions of primary broadcast transmitters, the system shall not include subscribers and amounts collected from subscribers receiving secondary transmissions for private home viewing pursuant to section 119.". (2) Chapter 1 of title 17, United States Code, is amended by adding at the end the following new section: "§ 119. Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing "(a) SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS.—

"(1) SUPERSTATIONS.—Subject to the provisions of paragraphs (3), (4), and (6) of this subsection, secondary transmissions of a primary transmission made by a superstation and embod3ring a performsince or display of a work shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, and the carrier makes a direct or indirect charge for each retransmission service to each household receiving the secondary transmission or to a distributor that has contracted with the carrier for direct or indirect delivery of the secondary transmission to the public for private home viewing. "(2) NETWORK STATIONS.—

"(A) IN GENERAL.—Subject to the provisions of subparagraphs (B) and (C) of this paragraph and par£^aphs (3), (4), (5), and (6) of this subsection, secondary transmissions of programming contained in a primary transmission made by a network station and embodying a performance or display of a work shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, and the carrier makes a direct or indirect charge for such retransmission service to each subscriber receiving the secondary transmission.

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