Page:United States Statutes at Large Volume 124.djvu/1262

 124 STAT. 1236 PUBLIC LAW 111–175—MAY 27, 2010 ‘‘(i) is the value assigned to the secondary trans- mission of any non-network television programming carried by a cable system in whole or in part beyond the local service area of the primary transmitter of such programming; and ‘‘(ii) is computed by assigning a value of one to each primary stream and to each multicast stream (other than a simulcast) that is an independent station, and by assigning a value of one-quarter to each pri- mary stream and to each multicast stream (other than a simulcast) that is a network station or a noncommer- cial educational station. ‘‘(B) EXCEPTIONS.—The values for independent, net- work, and noncommercial educational stations specified in subparagraph (A) are subject to the following: ‘‘(i) Where the rules and regulations of the Federal Communications Commission require a cable system to omit the further transmission of a particular pro- gram and such rules and regulations also permit the substitution of another program embodying a perform- ance or display of a work in place of the omitted transmission, or where such rules and regulations in effect on the date of the enactment of the Copyright Act of 1976 permit a cable system, at its election, to effect such omission and substitution of a nonlive program or to carry additional programs not trans- mitted by primary transmitters within whose local service area the cable system is located, no value shall be assigned for the substituted or additional program. ‘‘(ii) Where the rules, regulations, or authorizations of the Federal Communications Commission in effect on the date of the enactment of the Copyright Act of 1976 permit a cable system, at its election, to omit the further transmission of a particular program and such rules, regulations, or authorizations also permit the substitution of another program embodying a performance or display of a work in place of the omitted transmission, the value assigned for the substituted or additional program shall be, in the case of a live program, the value of one full distant signal equivalent multiplied by a fraction that has as its numerator the number of days in the year in which such substi- tution occurs and as its denominator the number of days in the year. ‘‘(iii) In the case of the secondary transmission of a primary transmitter that is a television broadcast station pursuant to the late-night or specialty program- ming rules of the Federal Communications Commis- sion, or the secondary transmission of a primary trans- mitter that is a television broadcast station on a part- time basis where full-time carriage is not possible because the cable system lacks the activated channel capacity to retransmit on a full-time basis all signals that it is authorized to carry, the values for inde- pendent, network, and noncommercial educational sta- tions set forth in subparagraph (A), as the case may be, shall be multiplied by a fraction that is equal