[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2013 Reported in Senate (RS)]
Calendar No. 584
108th CONGRESS
2d Session
S. 2013
To amend section 119 of title 17, United States Code, to extend
satellite home viewer provisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 2004
Mr. Hatch (for himself, Mr. Leahy, Mr. DeWine, and Mr. Kohl) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
June 17, 2004
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend section 119 of title 17, United States Code, to extend
satellite home viewer provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Satellite Home Viewer
Extension Act of 2004''.</DELETED>
<DELETED>SEC. 2. EXTENSION.</DELETED>
<DELETED> (a) In General.--Section 119 of title 17, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(f) This section shall cease to be effective after
December 31, 2009.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--Section 4 of the
Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note) is amended by
striking subsection (a).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Home Viewer Extension Act
of 2004''.
SEC. 2. EXTENSION OF AUTHORITY.
(a) In General.--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, 2004'' and inserting ``December 31,
2009''.
(b) Extension for Certain Subscribers.--Section 119(e) of title 17,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2009''.
SEC. 3. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER
SIGNALS; TECHNICAL AMENDMENTS.
Section 119(a) of title 17, United States Code, is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``and pbs
satellite feed'';
(B) in the first sentence, by striking ``(3), (4),
and (6)'' and inserting ``(5), (6), and (8)'';
(C) in the first sentence, by striking ``or by the
Public Broadcasting Service satellite feed''; and
(D) by striking the second sentence;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``(3), (4),
(5), and (6)'' and inserting ``(5), (6), (7), and
(8)'';
(B) by amending subparagraph (C) to read as
follows:
``(C) Submission of subscriber lists to networks.--
``(i) Initial lists.--A satellite carrier
that makes secondary transmissions of a primary
transmission made by a network station pursuant
to subparagraph (A) shall, 90 days after
commencing such secondary transmissions, submit
to the network that owns or is affiliated with
the network station--
``(I) a list identifying (by name
and street address, including county
and zip code) all subscribers to which
the satellite carrier makes secondary
transmissions of that primary
transmission to subscribers in unserved
households; and
``(II) a separate list, aggregated
by designated market area (as defined
in section 122(j)) (by name and street
address, including county and zip
code), which shall indicate those
subscribers being served pursuant to
subsection (a)(3), relating to
significantly viewed stations.
``(ii) Monthly lists.--After the submission
of the initial lists under clause (i), on the
15th of each month, the satellite carrier shall
submit to the network--
``(I) a list identifying (by name
and street address, including county
and zip code) any persons who have been
added or dropped as subscribers under
clause (i)(I) since the last submission
under clause (i); and
``(II) a separate list, aggregated
by designated market area (by name and
street address, including county and
zip code), identifying those
subscribers whose service pursuant to
subsection (a)(3), relating to
significantly viewed stations, has been
added or dropped.
``(iii) Use of subscriber information.--
Subscriber information submitted by a satellite
carrier under this subparagraph may be used
only for purposes of monitoring compliance by
the satellite carrier with this subsection.
``(iv) Applicability.--The submission
requirements of this subparagraph shall apply
to a satellite carrier only if the network to
whom the submissions are to be made places on
file with the Register of Copyrights a document
identifying the name and address of the person
to whom such submissions are to be made. The
Register shall maintain for public inspection a
file of all such documents.''; and
(C) by adding at the end the following:
``(D) Adjacent market exceptions.--
``(i) States with single commercial full-
power network station.--In a State in which
there is licensed by the Federal Communications
Commission a single full-power station that was
a network station on January 1, 1995, the
statutory license provided for in subparagraph
(A) shall apply to the secondary transmission
by a satellite carrier of the signal of that
station to any subscriber in a community that
is located within that State and that is not
within the first 50 major television markets as
listed in the regulations of the Commission as
in effect on such date (section 76.51 of title
47 of the Code of Federal Regulations).
``(ii) States with all network stations and
superstations in same local market.--In a State
in which all network stations and superstations
licensed by the Federal Communications
Commission within that State as of January 1,
1995, are assigned to the same local market and
that local market does not encompass all
counties of that State, the statutory license
provided under subparagraph (A) shall apply to
the secondary transmission by a satellite
carrier of the signals of such station to all
subscribers in the State who reside in a local
market that is within the first 50 major
television markets as listed in the regulations
of the Commission as in effect on such date
(section 76.51 of title 47 of the Code of
Federal Regulations).'';
(3) by striking paragraph (8);
(4) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(5) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(6) by inserting after paragraph (2) the following:
``(3) Secondary transmissions of significantly viewed
signals.--
``(A) In general.--Notwithstanding the provisions
of paragraph (2)(B), and subject to subparagraph (B) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the signal of a network station or a
superstation to a subscriber who resides outside the
local market of the station (as defined in section
122(j)) but within a community in which the signal of
that station is determined to be significantly viewed
in accordance with the provisions of section 76.54 of
title 47 of the Code of Federal Regulations, as in
effect on the date of enactment of the Satellite Home
Viewer Extension Act of 2004.
``(B) Limitation.--Subparagraph (A) shall apply
only to secondary transmissions of network stations and
superstations to subscribers who receive secondary
transmissions from a satellite carrier pursuant to the
statutory license under section 122.''; and
(7) in paragraph (2)(B)(i), by adding at the end the
following: ``The limitation in this clause shall not apply to
secondary transmissions under paragraph (3).''.
SEC. 4. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL MARKETS.
Section 119 of title 17, United States Code, is amended as
follows:
(1) Subsection (a) is amended by inserting after paragraph
(3), as added by section 3 of this Act, the following:
``(4) Statutory license where retransmissions into local
market available.--
``(A) In general.--In the case of a subscriber of a
satellite carrier who is eligible to receive the signal
of a network station under the statutory license under
paragraph (2), or solely by reason of subsection (e)
(in this subparagraph both such signals shall be
referred to as a `distant signal'), the following shall
apply:
``(i) In a case in which the signal of a
local network station affiliated with the same
television network pursuant to the statutory
license under section 122 is made available by
that satellite carrier to the subscriber on
January 1, 2005, the statutory license under
paragraph (2) shall apply only to secondary
transmissions by that satellite carrier of the
distant signal of a network station affiliated
with the same network to that subscriber--
``(I)(aa) if, on January 1, 2005,
the subscriber is receiving such
distant signal and is also receiving
such local signal; and
``(bb) the satellite carrier of the
subscriber submits to that television
network a list, aggregated by
designated market area (as defined in
section 122(j)(2)(C)), that identifies
that subscriber by name and address
(street or RFD number, city, State, and
zip code) and specifies the distant
signals received by the subscriber not
later than--
``(AA) 60 days after the
date of enactment of the
Satellite Home Viewer Extension
Act of 2004; or
``(BB) March 1, 2005; or
``(II)(aa) if, on January 1, 2005,
the subscriber is receiving such
distant signal and is not receiving
such local signal; but
``(bb) only until such time as the
subscriber elects to receive such local
signal.
``(ii) In a case in which the signal of a
local network station affiliated with the same
television network pursuant to the statutory
license under section 122 is not made available
by that satellite carrier to a subscriber on
January 1, 2005, the statutory license under
paragraph (2) shall apply only to secondary
transmissions by that satellite carrier of the
distant signal of a network station affiliated
with the same network to any person--
``(I) who is subscriber of that
satellite carrier on January 1, 2005;
or
``(II) who becomes a subscriber of
that satellite carrier after such date
but before the local signal is
available,
but only until such time as the subscriber
elects to receive the local signal from that
satellite carrier.
``(B) Future applicability.--The statutory license
under paragraph (2) shall not apply to secondary
transmissions by a satellite carrier of a primary
transmission of a network station to a subscriber in a
location to which the signal of a local network station
affiliated with the same television network was made
available by that satellite carrier, before that person
seeks to subscribe to a distant network station,
pursuant to the statutory license under section 122.
``(C) Other provisions not affected.--This
paragraph shall not affect the applicability of the
statutory license to secondary transmissions under
paragraph (3) or to unserved households included under
subsection (a)(12).
``(D) Signals made available.--For purposes of this
paragraph, a local signal shall be considered to be
made available to a subscriber if the satellite carrier
in question offers that local signal to any subscriber
within the same zip code.''.
(2) Subsection (b)(1) is amended by striking subparagraph
(B) and inserting the following:
``(B) a royalty fee for that 6-month period,
computed by multiplying the total number of subscribers
receiving each secondary transmission of each
superstation or network station during each calendar
month by the appropriate rate in effect under this
section.''.
(3) Subsection (b)(1) is further amended by adding at the
end the following flush sentence:
``Notwithstanding the provisions of subparagraph (B), a
satellite carrier whose secondary transmissions are subject to
statutory licensing under paragraph (1) or (2) of subsection
(a) shall have no royalty obligation for secondary
transmissions to a subscriber who resides outside the local
market of the station (as defined in section 122(j)(2)) but
within a community in which the signal of that station is
determined to be significantly viewed in accordance with the
provisions of section 76.54 of title 47 of the Code of Federal
Regulations, as in effect on the date of enactment of the Satellite
Home Viewer Extension Act of 2004.''.
(4) Subsection (c) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) Applicability and determination of royalty fees.--The
appropriate rate for purposes of determining the royalty fee
under subsection (b)(1)(B) shall be the appropriate rate set
forth in part 258 of title 37, Code of Federal Regulations, as
in effect on the date of the enactment of the Satellite Home
Viewer Extension Act of 2004, until such rate expires on May
31, 2005. Beginning on June 1, 2005, the royalty fee under
subsection (b)(1)(B) shall be such rate as modified under this
subsection.'';
(B) by striking paragraph (2);
(C) in paragraph (3)--
(i) by redesignating that paragraph as
paragraph (2);
(ii) in subparagraph (A)--
(I) by striking ``January 1,
1997,'' and inserting ``June 1,
2005,'';
(II) by striking ``who are not
parties to a voluntary agreement filed
with the Copyright Office in accordance
with paragraph (2) and inserting ``who
are not parties to a voluntary
agreement filed with the Copyright
Office by January 1, 2005''; and
(III) by striking ``Such
arbitration proceeding shall be
conducted under chapter 8.'';
(iii) in subparagraph (C), by striking ``as
provided'' and all that follows through
``later'' and inserting ``as provided under
section 802(g), or on June 1, 2005''; and
(iv) by striking subparagraph (D); and
(D) by striking paragraphs (4) and (5) and
inserting the following:
``(3) Cost of living adjustment.--The royalty rates set
forth in subsection (b)(1)(B), as adjusted under paragraph (2)
of this subsection, shall be adjusted by the Librarian of
Congress on January 1, 2006, and on January 1 of each year
thereafter, to reflect any changes occurring during the
preceding 12 months in the cost of living as determined by the
most recent Consumer Price Index so published.
``(4) Reductions.--The rate of the royalty fee determined
under paragraph (2)--
``(A) for superstations shall be reduced by 30
percent; and
``(B) for network stations shall be reduced by 45
percent.''.
(5) Subsection (d) is amended--
(A) by amending paragraph (9) to read as follows:
``(9) Superstation.--The term `superstation' means a
television broadcast station, other than a network station,
licensed by the Federal Communications Commission that is
secondarily transmitted by a satellite carrier.'';
(B) in paragraph (10)(D), by striking ``(a)(11)''
and inserting ``(a)(12)''; and
(C) by striking paragraph (12).
SEC. 5. LOW POWER TELEVISION STATIONS.
(a) In General.--Section 119(a) of title 17, United States Code (as
amended by sections 3 and 4 of this Act), is further amended by adding
at the end the following:
``(14) Carriage of low power television stations.--
``(A) In general.--Notwithstanding paragraph
(2)(B), and subject to subparagraphs (B) through (F) of
this paragraph, the statutory license provided for in
paragraphs (1) and (2) shall apply to the secondary
transmission of the signal of a network station or a
superstation that is licensed as a low power television
station, to a subscriber who resides within the same
local market.
``(B) Geographic limitation.--
``(i) Network stations.--With respect to
network stations, secondary transmissions
provided for in subparagraph (A) shall be
limited to secondary transmissions to
subscribers who--
``(I) reside in the same local
market as the station originating the
signal; and
``(II) reside within 35 miles of
the transmitter site of such
station, except that in the case of such a station located in a
standard metropolitan statistical area which has 1 of the 50 largest
populations of all standard metropolitan statistical areas (based on
the 1980 decennial census of population taken by the Secretary of
Commerce), the number of miles shall be 20.
``(ii) Superstations.--With respect to
superstations, secondary transmissions provided
for in subparagraph (A) shall be limited to
secondary transmissions to subscribers who
reside in the same local market as the station
originating the signal.
``(C) No applicability to repeaters and
translators.--Secondary transmissions provided for in
subparagraph (A) shall not apply to any low power
television station that retransmits the programs and
signals of another television station for more than 2
hours each day.
``(D) Royalty fees.--Notwithstanding subsection
(b)(1)(B), a satellite carrier whose secondary
transmissions of a low power television station are
subject to statutory licensing under this section shall
have no royalty obligation for secondary transmissions
to a subscriber who resides within 35 miles of the
transmitter site of such station, except that in the
case of such a station located in a standard
metropolitan statistical area which has 1 of the 50
largest populations of all standard metropolitan
statistical areas (based on the 1980 decennial census
of population taken by the Secretary of Commerce), the
number of miles shall be 20. Carriage of a superstation
that is a low power television station within the
station's local market, but outside of the 35-mile or
20-mile radius described in the preceding sentence,
shall be subject to royalty payments under section
(b)(1)(B).
``(E) Limitation to subscribers taking local-into-
local service.--Secondary transmissions provided for in
subparagraph (A) shall be made only to subscribers who
receive secondary transmissions of signals from that
satellite carrier pursuant to the statutory license
under section 122 of this title. A satellite carrier
may make secondary transmissions of any signal that
originates as the digital signal of a low power
television station only if the satellite carrier does
so in conformity with the bandwidth requirements
equivalent to those under section 340(b)(2) of the
Communications Act of 1934 (47 U.S.C. 340(b)(2)).
``(F) Optional carriage.--No low power television
station whose signals are secondarily transmitted under
this paragraph shall be entitled to insist on carriage
under section 338(a) of the Communications Act of 1934
(47 U.S.C. 338(a)), regardless of whether the satellite
carrier retransmits other stations in the same local
market pursuant to section 122, nor shall any such
carriage be considered in connection with section
338(c) of the Communications Act of 1934 (47 U.S.C.
338(c)).''.
(b) Definition of Network Station, Superstation, Local Market, and
Low Power (Including Class A) Station.--Section 119(d) of title 17,
United States Code, (as amended by section 4 of this Act), is further
amended--
(1) in paragraph (2)(A), by striking ``a television
broadcast station'' and inserting ``a television station
licensed by the Federal Communications Commission'';
(2) in paragraph (9), by striking ``a television broadcast
station'' and inserting ``a television station''; and
(3) by striking paragraph (11) and inserting the following:
``(11) Local market.--The term ``local market'' has the
meaning given such term under section 122(j), except that with
respect to a low power television station, the term ``local
market'' means the designated market area in which the station
is located.
``(12) Low power television station.--The term ``low power
television station means a low power television as defined
under section 74.701(f) of title 47 of the Code of Federal
Regulations, as in effect on June 1, 2004. For purposes of this
paragraph, the term ``low power television station'' includes a
low power television station that has been accorded primary
status as a Class A television licensee under section
73.6001(a) of title 47 of the Code of Federal Regulations.''.
SEC. 6. STUDY.
No later than June 30, 2008, the Register of Copyrights, in
consultation and coordination with the Federal Communications
Commission, 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 operation and revision
of the statutory licenses under sections 111, 119, and 122 of title 17,
United States Code. The report should include, but not be limited to,
the following:
(1) A comparison of the royalties paid by licensees under
such sections, including historical rates of increases in these
royalties, a comparison between the royalties under each such
section and the prices paid in the marketplace for comparable
programming.
(2) An analysis of the differences in the terms and
conditions of the licenses under such sections, an analysis of
whether these differences are required or justified by
historical, technological, or regulatory differences that
affect the satellite and cable industries, and an analysis of
whether either the cable or satellite industry is placed in a
competitive disadvantage due to these terms and conditions.
(3) An analysis of whether the licenses under such sections
are still justified by the bases upon which they were
originally created.
(4) An analysis and estimate, if possible, of the royalties
that would be paid by each satellite carrier if they were
treated as a cable system and section 111 were applied in the
same manner, and to the same extent, as to a cable system.
SEC. 7. EFFECT ON CERTAIN PROCEEDINGS.
Nothing in this Act shall modify any remedy imposed on a party that
is required by a judgment of a court in any action that was brought
before May 1, 2004, against that party for a violation of section 119
of title 17, United States Code.
Calendar No. 584
108th CONGRESS
2d Session
S. 2013
_______________________________________________________________________
A BILL
To amend section 119 of title 17, United States Code, to extend
satellite home viewer provisions.
_______________________________________________________________________
June 17, 2004
Reported with an amendment