Page:United States Statutes at Large Volume 124.djvu/1258

 124 STAT. 1232 PUBLIC LAW 111–175—MAY 27, 2010 (i) by striking ‘‘a statement of account’’ and inserting ‘‘A statement of account’’; and (ii) by striking ‘‘; and’’ and inserting a period; and (C) by striking subparagraphs (B), (C), and (D) and inserting the following: ‘‘(B) Except in the case of a cable system whose royalty fee is specified in subparagraph (E) or (F), a total royalty fee payable to copyright owners pursuant to paragraph (3) for the period covered by the statement, computed on the basis of specified percentages of the gross receipts from subscribers to the cable service during such period for the basic service of providing secondary transmissions of primary broadcast transmitters, as follows: ‘‘(i) 1.064 percent of such gross receipts for the privilege of further transmitting, beyond the local service area of such primary transmitter, any non- network programming of a primary transmitter in whole or in part, such amount to be applied against the fee, if any, payable pursuant to clauses (ii) through (iv); ‘‘(ii) 1.064 percent of such gross receipts for the first distant signal equivalent; ‘‘(iii) 0.701 percent of such gross receipts for each of the second, third, and fourth distant signal equiva- lents; and ‘‘(iv) 0.330 percent of such gross receipts for the fifth distant signal equivalent and each distant signal equivalent thereafter. ‘‘(C) In computing amounts under clauses (ii) through (iv) of subparagraph (B)— ‘‘(i) any fraction of a distant signal equivalent shall be computed at its fractional value; ‘‘(ii) in the case of any cable system located partly within and partly outside of the local service area of a primary transmitter, gross receipts shall be limited to those gross receipts derived from subscribers located outside of the local service area of such primary trans- mitter; and ‘‘(iii) if a cable system provides a secondary trans- mission of a primary transmitter to some but not all communities served by that cable system— ‘‘(I) the gross receipts and the distant signal equivalent values for such secondary transmission shall be derived solely on the basis of the sub- scribers in those communities where the cable system provides such secondary transmission; and ‘‘(II) the total royalty fee for the period paid by such system shall not be less than the royalty fee calculated under subparagraph (B)(i) multiplied by the gross receipts from all subscribers to the system. ‘‘(D) A cable system that, on a statement submitted before the date of the enactment of the Satellite Television Extension and Localism Act of 2010, computed its royalty fee consistent with the methodology under subparagraph (C)(iii), or that amends a statement filed before such date