Page:United States Statutes at Large Volume 118.djvu/3438

 118 STAT. 3408 PUBLIC LAW 108–447—DEC. 8, 2004 charged to cable and satellite subscribers, addressing whether cable and satellite companies have passed to subscribers any savings realized as a result of the royalty structure and amounts under such sections. (5) An analysis of issues that may arise with respect to the application of the licenses under such sections to the sec ondary transmissions of the primary transmissions of network stations and superstations that originate as digital signals, including issues that relate to the application of the unserved household limitations under section 119 of title 17, United States Code, and to the determination of royalties of cable systems and satellite carriers. SEC. 110. ADDITIONAL STUDY. No later than December 31, 2005, the Register of Copyrights shall report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Register’s findings and recommendations on the following: (1) The extent to which the unserved household limitation for network stations contained in section 119 of title 17, United States Code, has operated efficiently and effectively and has forwarded the goal of title 17, United States Code, to protect copyright owners of over the air television programming, including what amendments, if any, are necessary to effectively identify the application of the limitation to individual house holds to receive secondary transmissions of primary digital transmissions of network stations. (2) The extent to which secondary transmissions of primary transmissions of network stations and superstations under sec tion 119 of title 17, United States Code, harm copyright owners of broadcast programming throughout the United States and the effect, if any, of the statutory license under section 122 of title 17, United States Code, in reducing such harm. SEC. 111. SPECIAL RULES. (a) RESTRICTIONS ON TRANSMISSION OF DISTANT TELEVISION STATIONS IN AREAS OF ALASKA WHERE LOCAL INTO LOCAL SERVICE IS AVAILABLE.—Section 119(a) of title 17, United States Code, is amended by adding at the end thereof the following: ‘‘(16) RESTRICTED TRANSMISSION OF OUT OF STATE DISTANT NETWORK SIGNALS INTO CERTAIN MARKETS.— ‘‘(A) OUT OF STATE NETWORK AFFILIATES.—Notwith standing any other provision of this title, the statutory license in this subsection and subsection (b) shall not apply to any secondary transmission of the primary transmission of a network station located outside of the State of Alaska to any subscriber in that State to whom the secondary transmission of the primary transmission of a television station located in that State is made available by the satellite carrier pursuant to section 122. ‘‘(B) EXCEPTION.—The limitation in subparagraph (A) shall not apply to the secondary transmission of the pri mary transmission of a digital signal of a network station located outside of the State of Alaska if at the time that the secondary transmission is made, no television station licensed to a community in the State and affiliated with the same network makes primary transmissions of a digital signal.’’. Deadline. Reports.

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