Public Law 106-113/Division B/Appendix I/Title I

{{SECTION|SEC. 1001.|SEC. 1001}}. SHORT TITLE.

 * This title may be cited as the ``Satellite Home Viewer Improvement Act of 1999´´.

{{SECTION|SEC. 1002.|SEC. 1002}}. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS WITHIN LOCAL MARKETS.

 * (a) IN GENERAL.—
 * Chapter 1 of title 17, United States Code, is amended by adding after section 121 the following new section:


 * (b) INFRINGEMENT OF COPYRIGHT.—
 * Section 501 of title 17, United States Code, is amended by adding at the end the following new subsection:


 * (c) TECHNICAL AND CONFORMING AMENDMENTS.—
 * The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 121 the following:


 * `122. Limitations on Exclusive Rights; Secondary Transmissions by Satellite Carriers Within Local Markets.´´.

{{SECTION|SEC. 1003.|SEC. 1003}}. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF TITLE 17, UNITED STATES CODE.

 * Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is amended by striking “December 31, 1999” and inserting “December 31, 2004”.

{{SECTION|SEC. 1004.|SEC. 1004}}. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.

 * Section 119(c) of title 17, United States Code, is amended by adding at the end the following new paragraph:

{{SECTION|SEC. 1005.|SEC. 1005}}. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS.

 * (a) UNSERVED HOUSEHOLD.—
 * (1) IN GENERAL.—
 * Section 119(d) of title 17, United States Code, is amended by striking paragraph (10) and inserting the following:


 * (2) CONFORMING AMENDMENT.—
 * Section 119(a)(2)(B) of title 17, United States Code, is amended to read as follows:


 * (b) EXCEPTION TO LIMITATION ON SECONDARY TRANSMISSIONS.—
 * Section 119(a)(5) of title 17, United States Code, is amended by adding at the end the following:


 * (c) MORATORIUM ON COPYRIGHT LIABILITY.—
 * Section 119(e) of title 17, United States Code, is amended to read as follows:


 * (d) RECREATIONAL VEHICLE AND COMMERCIAL TRUCK EXEMPTION.—
 * Section 119(a) of title 17, United States Code, is amended by adding at the end the following:


 * (e) CONFORMING AMENDMENT.—
 * Section 119(d)(11) of title 17, United States Code, is amended to read as follows:


 * ``(11) LOCAL MARKET.— The term “local market” has the meaning given such term under section 122(j).´´.

{{SECTION|SEC. 1006.|SEC. 1006}}. PUBLIC BROADCASTING SERVICE SATELLITE FEED.

 * (a) SECONDARY TRANSMISSIONS.—
 * Section 119(a)(1) of title 17, United States Code, is amended—
 * (1) by striking the paragraph heading and inserting “(1) SUPERSTATIONS AND PBS SATELLITE FEED.— ”;


 * (2) by inserting “or by the Public Broadcasting Service satellite feed” after “superstation”; and


 * (3) by adding at the end the following: ``In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002.´´.


 * (b) ROYALTY FEES.—
 * Section 119(b)(1)(B)(iii) of title 17, United States Code, is amended by inserting “or the Public Broadcasting Service satellite feed” after “network station”.


 * (c) DEFINITIONS.—
 * Section 119(d) of title 17, United States Code, is amended—
 * (1) by amending paragraph (9) to read as follows:


 * ``(9) SUPERSTATION.— The term “superstation”—
 * ``(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and


 * ``(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed.´´; and


 * (2) by adding at the end the following:


 * ``(12) PUBLIC BROADCASTING SERVICE SATELLITE FEED.— The term “Public Broadcasting Service satellite feed” means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.´´.

{{SECTION|SEC. 1007.|SEC. 1007}}. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION REGULATIONS.

 * Section 119(a) of title 17, United States Code, is amended—
 * (1) in paragraph (1), by inserting “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”;


 * (2) in paragraph (2), by inserting “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”; and


 * (3) by adding at the end of such subsection (as amended by section 1005(e) of this Act) the following new paragraph:


 * ``(12) STATUTORY LICENSE CONTINGENT ON COMPLIANCE WITH FCC RULES AND REMEDIAL STEPS.— Notwithstanding any other provision of this section, the willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a broadcast station licensed by the Federal Communications Commission is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, if, at the time of such transmission, the satellite carrier is not in compliance with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast station signals.´´.

{{SECTION|SEC. 1008.|SEC. 1008}}. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION BROADCAST SIGNALS.

 * (a) AMENDMENTS TO COMMUNICATIONS ACT OF 1934.—
 * Title III of the Communications Act of 1934 is amended by inserting after section 337 (47 U.S.C. 337) the following new sections:


 * (b) NETWORK STATION DEFINITION.—
 * Section 119(d)(2) of title 17, United States Code, is amended—
 * (1) in subparagraph (B) by striking the period and inserting a semicolon; and


 * (2) by adding after subparagraph (B) the following:


 * ``except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service.´´.

{{SECTION|SEC. 1009.|SEC. 1009}}. RETRANSMISSION CONSENT.

 * (a) IN GENERAL.—
 * Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended—
 * (1) by amending paragraphs (1) and (2) to read as follows:


 * (2) by adding at the end of paragraph (3) the following new subparagraph:


 * (3) in paragraph (4), by adding at the end the following new sentence: ``If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section 338 shall not apply to the carriage of the signal of such station by such satellite carrier.´´;


 * (4) in paragraph (5), by striking “614 or 615” and inserting “338, 614, or 615”; and


 * (5) by adding at the end the following new paragraph:


 * (b) ENFORCEMENT PROVISIONS FOR CONSENT FOR RETRANSMISSIONS.—
 * Section 325 of the Communications Act of 1934 (47 U.S.C. 325) is amended by adding at the end the following new subsection:

{{SECTION|SEC. 1010.|SEC. 1010}}. SEVERABILITY.

 * If any provision of section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)), or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that section, and the application of that provision to other persons and circumstances, shall not be affected.

{{SECTION|SEC. 1011.|SEC. 1011}}. TECHNICAL AMENDMENTS.

 * (a) TECHNICAL AMENDMENTS RELATING TO CABLE SYSTEMS.—
 * Title 17, United States Code, is amended as follows:
 * (1) Such title is amended by striking “programing” each place it appears and inserting “programming”.


 * (2) Section 111 is amended by striking “compulsory” each place it appears and inserting “statutory”.


 * (3) Section 510(b) is amended by striking “compulsory” and inserting “statutory”.


 * (b) TECHNICAL AMENDMENTS RELATING TO PERFORMANCE OR DISPLAYS OF WORKS.—
 * (1) Section 111 of title 17, United States Code, is amended—
 * (A) in subsection (a), in the matter preceding paragraph (1), by striking “primary transmission embodying a performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission”;


 * (B) in subsection (b), in the matter preceding paragraph (1), by striking “primary transmission embodying a performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission”; and


 * (C) in subsection (c)—
 * (i) in paragraph (1)—
 * (I) by inserting “a performance or display of a work embodied in” after “by a cable system of”; and


 * (II) by striking “and embodying a performance or display of a work”; and


 * (ii) in paragraphs (3) and (4)—
 * (I) by striking “a primary transmission” and inserting “a performance or display of a work embodied in a primary transmission”; and


 * (II) by striking “and embodying a performance or display of a work”.


 * (2) Section 119(a) of title 17, United States Code, is amended—
 * (A) in paragraph (1), by striking “primary transmission made by a superstation and embodying a performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission made by a superstation”;


 * (B) in paragraph (2)(A), by striking “programming” and all that follows through “a work” and inserting “a performance or display of a work embodied in a primary transmission made by a network station”;


 * (C) in paragraph (4)—
 * (i) by inserting “a performance or display of a work embodied in” after “by a satellite carrier of”; and


 * (ii) by striking “and embodying a performance or display of a work”; and


 * (D) in paragraph (6)—
 * (i) by inserting “performance or display of a work embodied in” after “by a satellite carrier of”; and


 * (ii) by striking “and embodying a performance or display of a work”.


 * (3) Section 501(e) of title 17, United States Code, is amended by striking “primary transmission embodying the performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission”.


 * (c) CONFORMING AMENDMENT.—
 * Section 119(a)(2)(C) of title 17, United States Code, is amended in the first sentence by striking “currently”.


 * (d) WORK MADE FOR HIRE.—
 * Section 101 of title 17, United States Code, is amended in the definition relating to work for hire in paragraph (2) by inserting “as a sound recording,” after “audiovisual work”.

{{SECTION|SEC. 1012.|SEC. 1012}}. EFFECTIVE DATES.

 * Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 (and the amendments made by such sections) shall take effect on the date of the enactment of this Act. The amendments made by sections 1002, 1004, and 1006 shall be effective as of July 1, 1999.

