Page:United States Statutes at Large Volume 124.djvu/1265

 124 STAT. 1239 PUBLIC LAW 111–175—MAY 27, 2010 (1) IN GENERAL.—Subject to paragraphs (2) and (3), the amendments made by this section, to the extent such amend- ments assign a distant signal equivalent value to the secondary transmission of the multicast stream of a primary transmitter, shall take effect on the date of the enactment of this Act. (2) DELAYED APPLICABILITY.— (A) SECONDARY TRANSMISSIONS OF A MULTICAST STREAM BEYOND THE LOCAL SERVICE AREA OF ITS PRIMARY TRANS- MITTER BEFORE 2010 ACT.—In any case in which a cable system was making secondary transmissions of a multicast stream beyond the local service area of its primary trans- mitter before the date of the enactment of this Act, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary transmissions of such multicast stream that are made on or before June 30, 2010. (B) MULTICAST STREAMS SUBJECT TO PREEXISTING WRIT- TEN AGREEMENTS FOR THE SECONDARY TRANSMISSION OF SUCH STREAMS.—In any case in which the secondary trans- mission of a multicast stream of a primary transmitter is the subject of a written agreement entered into on or before June 30, 2009, between a cable system or an associa- tion representing the cable system and a primary trans- mitter or an association representing the primary trans- mitter, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary trans- missions of such multicast stream beyond the local service area of its primary transmitter that are made on or before the date on which such written agreement expires. (C) NO REFUNDS OR OFFSETS FOR PRIOR STATEMENTS OF ACCOUNT.—A cable system that has reported secondary transmissions of a multicast stream beyond the local service area of its primary transmitter on a statement of account deposited under section 111 of title 17, United States Code, before the date of the enactment of this Act shall not be entitled to any refund, or offset, of royalty fees paid on account of such secondary transmissions of such multicast stream. (3) DEFINITIONS.—In this subsection, the terms ‘‘cable system’’, ‘‘secondary transmission’’, ‘‘multicast stream’’, and ‘‘local service area of a primary transmitter’’ have the meanings given those terms in section 111(f) of title 17, United States Code, as amended by this section. SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO - LOCAL SERVICE FOR ALL DMAS. Section 119 is amended by adding at the end the following new subsection: ‘‘(g) CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO- LOCAL SERVICE TO ALL DMAS.— ‘‘(1) INJUNCTION WAIVER.—A court that issued an injunction pursuant to subsection (a)(7)(B) before the date of the enact- ment of this subsection shall waive such injunction if the court recognizes the entity against which the injunction was issued as a qualified carrier. ‘‘(2) LIMITED TEMPORARY WAIVER.— 17 USC 119. Courts.