Page:United States Statutes at Large Volume 113 Part 2.djvu/1049

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 150LA-531 "(9) SUPERSTATION.—The term 'superstation' — "(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and "(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Sen/ice satellite feed."; and (2) by adding at the end the following: "(12) PUBLIC BROADCASTING SERVICE SATELLITE FEED. —The term 'Public Broadcasting Service satellite feed' means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.". SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMIS- SION REGULATIONS. Section 119(a) of title 17, United States Code, is amended— (1) in paragraph (1), by inserting "with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals," after "satellite carrier to the public for private home viewing,"; (2) in paragraph (2), by inserting "with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals," after "satellite carrier to the public for private home viewing,"; and (3) by adding at the end of such subsection (as amended by section 1005(e) of this Act) the following new paragraph: "(12) STATUTORY LICENSE CONTINGENT ON COMPLIANCE WITH FCC RULES AND REMEDIAL STEPS. —^lTotwithstanding any other provision of this section, the willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a broadcast station licensed by the Federal Communications Commission is actionable as an. act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, if, at the time of such transmission, the satellite carrier is not in compliance with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast station signals.". SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELE- VISION BROADCAST SIGNALS. (a) AMENDMENTS TO COMMUNICATIONS ACT OF 1934. —Title III of the Communications Act of 1934 is amended by inserting after section 337 (47 U.S.C. 337) the following new sections: " SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS. "(a) CARRIAGE OBLIGATIONS.—

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