Page:United States Statutes at Large Volume 113 Part 2.djvu/1046

 113 STAT. 1501A-528 PUBLIC LAW 106-113—APPENDIX I that network of Grade B intensity as defined by the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999; "(B) is subject to a waiver granted under regulations established under section 339(c)(2) of the Communications Act of 1934; "(C) is a subscriber to whom subsection (e) applies; "(D) is a subscriber to whom subsection (a)(ll) applies; or "(E) is a subscriber to whom the exemption under subsection (a)(2)(B)(iii) applies. ". (2) CONFORMING AMENDMENT.—Section 119(a)(2)(B) of title 17, United States Code, is amended to read as follows: " (B) SECONDARY TRANSMISSIONS TO UNSERVED HOUSE- HOLDS. — "(i) IN GENERAL.— The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions of the signals of no more than two network stations in a single day for each television network to persons who reside in unserved households, "(ii) ACCURATE DETERMINATIONS OF ELIGIBILITY.— "(I) ACCURATE PREDICTIVE MODEL. —In determining presumptively whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Commission in Docket No. 98 - 201, as that model may be amended by the Commission over time under section 339(c)(3) of the Communications Act of 1934 to increase the accuracy of that model. " (II) ACCURATE MEASUREMENTS.—For purposes of site measurements to determine whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the Communications Act of 1934. "(iii) C-BAND EXEMPTION TO UNSERVED HOUSE- HOLDS. — "(I) IN GENERAL.— The limitations of clause (i) shall not apply to any secondary transmissions by C-band services of network stations that a subscriber to C-band service received before any termination of such secondary transmissions before October 31, 1999. "(II) DEFINITION.— In this clause the term 'C- band service' means a service that is licensed by the Federal Communications Commission and operates in the Fixed Satellite Service under part 25 of title 47 of the Code of Federal Regulations.". (b) EXCEPTION TO LIMITATION ON SECONDARY TRANSMISSIONS. — Section 119(a)(5) of title 17, United States Code, is amended by adding at the end the following: "(E) EXCEPTION. —The secondary transmission by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a network station to

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