Page:United States Statutes at Large Volume 118.djvu/3435

 118 STAT. 3405 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(C) NO APPLICABILITY TO REPEATERS AND TRANS LATORS.—Secondary transmissions provided for in subpara graph (A) shall not apply to any low power television sta tion that retransmits the programs and signals of another television station for more than 2 hours each day. ‘‘(D) ROYALTY FEES.—Notwithstanding subsection (b)(1)(B), a satellite carrier whose secondary transmissions of the primary transmissions of a low power television station are subject to statutory licensing under this section shall have no royalty obligation for secondary transmissions to a subscriber who resides within 35 miles of the trans mitter site of such station, except that in the case of such a station located in a standard metropolitan statistical area which has 1 of the 50 largest populations of all standard metropolitan statistical areas (based on the 1980 decennial census of population taken by the Secretary of Commerce), the number of miles shall be 20. Carriage of a superstation that is a low power television station within the station’s local market, but outside of the 35 mile or 20 mile radius described in the preceding sentence, shall be subject to royalty payments under subsection (b)(1)(B). ‘‘(E) LIMITATION TO SUBSCRIBERS TAKING LOCAL INTO LOCAL SERVICE.—Secondary transmissions provided for in subparagraph (A) may be made only to subscribers who receive secondary transmissions of primary transmissions from that satellite carrier pursuant to the statutory license under section 122, and only in conformity with the require ments under 340(b) of the Communications Act of 1934, as in effect on the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004.’’. SEC. 105. DEFINITIONS. Section 119(d) of title 17, United States Code, is amended— (1) in paragraph (2)(A), by striking ‘‘a television broadcast station’’ and inserting ‘‘a television station licensed by the Fed eral Communications Commission’’; (2) by amending paragraph (9) to read as follows: ‘‘(9) SUPERSTATION.—The term ‘superstation’ means a tele vision station, other than a network station, licensed by the Federal Communications Commission, that is secondarily trans mitted by a satellite carrier.’’; (3) in paragraph (10)— (A) in subparagraph (B), by striking ‘‘granted under regulations established under section 339(c)(2) of the Communications Act of 1934’’ and inserting ‘‘that meets the standards of subsection (a)(14) whether or not the waiver was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004’’; and (B) in subparagraph (D), by striking ‘‘(a)(11)’’ and inserting ‘‘(a)(12)’’; and (4) by striking paragraphs (11) and (12) and inserting the following: ‘‘(11) LOCAL MARKET.—The term ‘local market’ has the meaning given such term under section 122(j), except that with respect to a low power television station, the term ‘local

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