Text: S.3333 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-175 (05/27/2010)

 
[111th Congress Public Law 175]
[From the U.S. Government Printing Office]



[[Page 1217]]

                     SATELLITE TELEVISION EXTENSION 
                        AND LOCALISM ACT OF 2010

[[Page 124 STAT. 1218]]

Public Law 111-175
111th Congress

                                 An Act


 
To extend the statutory license for secondary transmissions under title 
    17, United States Code, and for other purposes. <<NOTE: May 27, 
                          2010 -  [S. 3333]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Satellite 
Television Extension and Localism Act of 2010.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 17 USC 101 note.>>  Short Title.--This Act may be cited 
as the ``Satellite Television Extension and Localism Act of 2010''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                       TITLE I--STATUTORY LICENSES

Sec. 101. Reference.
Sec. 102. Modifications to statutory license for satellite carriers.
Sec. 103. Modifications to statutory license for satellite carriers in 
           local markets.
Sec. 104. Modifications to cable system secondary transmission rights 
           under section 111.
Sec. 105. Certain waivers granted to providers of local-into-local 
           service for all DMAs.
Sec. 106. Copyright Office fees.
Sec. 107. Termination of license.
Sec. 108. Construction.

                   TITLE II--COMMUNICATIONS PROVISIONS

Sec. 201. Reference.
Sec. 202. Extension of authority.
Sec. 203. Significantly viewed stations.
Sec. 204. Digital television transition conforming amendments.
Sec. 205. Application pending completion of rulemakings.
Sec. 206. Process for issuing qualified carrier certification.
Sec. 207. Nondiscrimination in carriage of high definition digital 
           signals of noncommercial educational television stations.
Sec. 208. Savings clause regarding definitions.
Sec. 209. State public affairs broadcasts.

                TITLE III--REPORTS AND SAVINGS PROVISION

Sec. 301. Definition.
Sec. 302. Report on market based alternatives to statutory licensing.
Sec. 303. Report on communications implications of statutory licensing 
           modifications.
Sec. 304. Report on in-state broadcast programming.
Sec. 305. Local network channel broadcast reports.
Sec. 306. Savings provision regarding use of negotiated licenses.
Sec. 307. Effective date; Noninfringement of copyright.

                         TITLE IV--SEVERABILITY

Sec. 401. Severability.

               TITLE V--DETERMINATION OF BUDGETARY EFFECTS

Sec. 501. Determination of Budgetary Effects.

[[Page 124 STAT. 1219]]

                       TITLE I--STATUTORY LICENSES

SEC. 101. REFERENCE.

    Except as otherwise provided, whenever in this title an amendment is 
made to a section or other provision, the reference shall be considered 
to be made to such section or provision of title 17, United States Code.
SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE 
                        CARRIERS.

    (a) Heading Renamed.--
            (1) In general.--The heading of section 119 is amended by 
        striking ``superstations and network stations for private home 
        viewing'' and inserting ``distant television programming by 
        satellite''.
            (2) Table of contents.--The table of contents for chapter 1 
        is amended by striking the item relating to section 119 and 
        inserting the following:

``119. Limitations on exclusive rights: Secondary transmissions of 
           distant television programming by satellite.''.

    (b) Unserved Household Defined.--
            (1) In general.--Section 119(d)(10) <<NOTE: 17 USC 119.>>  
        is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) cannot receive, through the use of an antenna, 
                an over-the-air signal containing the primary stream, 
                or, on or after the qualifying date, the multicast 
                stream, originating in that household's local market and 
                affiliated with that network of--
                          ``(i) if the signal originates as an analog 
                      signal, Grade B intensity as defined by the 
                      Federal Communications Commission in section 
                      73.683(a) of title 47, Code of Federal 
                      Regulations, as in effect on January 1, 1999; or
                          ``(ii) if the signal originates as a digital 
                      signal, intensity defined in the values for the 
                      digital television noise-limited service contour, 
                      as defined in regulations issued by the Federal 
                      Communications Commission (section 73.622(e) of 
                      title 47, Code of Federal Regulations), as such 
                      regulations may be amended from time to time;'';
                    (B) in subparagraph (B)--
                          (i) by striking ``subsection (a)(14)'' and 
                      inserting ``subsection (a)(13),''; and
                          (ii) by striking ``Satellite Home Viewer 
                      Extension and Reauthorization Act of 2004'' and 
                      inserting ``Satellite Television Extension and 
                      Localism Act of 2010''; and
                    (C) in subparagraph (D), by striking ``(a)(12)'' and 
                inserting ``(a)(11)''.
            (2) Qualifying date defined.--Section 119(d) is amended by 
        adding at the end the following:
            ``(14) Qualifying date.--The term `qualifying date', for 
        purposes of paragraph (10)(A), means--
                    ``(A) October 1, 2010, for multicast streams that 
                exist on March 31, 2010; and

[[Page 124 STAT. 1220]]

                    ``(B) January 1, 2011, for all other multicast 
                streams.''.

    (c) Filing Fee.--Section 119(b)(1) <<NOTE: 17 USC 119.>>  is 
amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) a filing fee, as determined by the Register of 
                Copyrights pursuant to section 708(a).''.

    (d) Deposit of Statements and Fees; Verification Procedures.--
Section 119(b) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``(b) Deposit of Statements and Fees; Verification Procedures.--
        '';
            (2) in paragraph (1), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) a royalty fee payable to copyright owners 
                pursuant to paragraph (4) for that 6-month period, 
                computed by multiplying the total number of subscribers 
                receiving each secondary transmission of a primary 
                stream or multicast stream of each non-network station 
                or network station during each calendar year month by 
                the appropriate rate in effect under this subsection; 
                and'';
            (3) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Verification of accounts and fee 
        payments. <<NOTE: Regulations.>> --The Register of Copyrights 
        shall issue regulations to permit interested parties to verify 
        and audit the statements of account and royalty fees submitted 
        by satellite carriers under this subsection.'';
            (5) in paragraph (3), as redesignated, in the first 
        sentence--
                    (A) by inserting ``(including the filing fee 
                specified in paragraph (1)(C))'' after ``shall receive 
                all fees''; and
                    (B) by striking ``paragraph (4)'' and inserting 
                ``paragraph (5)'';
            (6) in paragraph (4), as redesignated--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraph (3)''; and
                    (B) by striking ``paragraph (4)'' each place it 
                appears and inserting ``paragraph (5)''; and
            (7) in paragraph (5), as redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraph (3)''.

    (e) Adjustment of Royalty Fees.--Section 119(c) is amended as 
follows:
            (1) Paragraph (1) is amended--
                    (A) in the heading for such paragraph, by striking 
                ``analog'';
                    (B) in subparagraph (A)--
                          (i) by striking ``primary analog 
                      transmissions'' and inserting ``primary 
                      transmissions''; and
                          (ii) by striking ``July 1, 2004'' and 
                      inserting ``July 1, 2009'';
                    (C) in subparagraph (B)--
                          (i) by striking ``January 2, 2005, the 
                      Librarian of Congress'' and inserting ``June 1, 
                      2010, the Copyright Royalty Judges''; and

[[Page 124 STAT. 1221]]

                          (ii) by striking ``primary analog 
                      transmission'' and inserting ``primary 
                      transmissions'';
                    (D) in subparagraph (C), by striking ``Librarian of 
                Congress'' and inserting ``Copyright Royalty Judges'';
                    (E) in subparagraph (D)--
                          (i) in clause (i)--
                                    (I) by striking ``(i) Voluntary 
                                agreements'' and inserting the 
                                following:
                          ``(i) Voluntary agreements; filing.--Voluntary 
                      agreements''; and
                                    (II) by striking ``that a parties'' 
                                and inserting ``that are parties''; and
                          (ii) in clause (ii)--
                                    (I) by striking ``(ii)(I) Within'' 
                                and inserting the following:
                          ``(ii) Procedure for adoption of fees.--
                                    ``(I) Publication of notice.--
                                Within'';
                                    (II) in subclause (I), by striking 
                                ``an arbitration proceeding pursuant to 
                                subparagraph (E)'' and inserting ``a 
                                proceeding under subparagraph (F)'';
                                    (III) in subclause (II), by striking 
                                ``(II) Upon receiving a request under 
                                subclause (I), the Librarian of 
                                Congress'' and inserting the following:
                                    ``(II) Public notice of fees.--Upon 
                                receiving a request under subclause (I), 
                                the Copyright Royalty Judges''; and
                                    (IV) in subclause (III)--
                                            (aa) by striking ``(III) The 
                                        Librarian'' and inserting the 
                                        following:
                                    ``(III) Adoption of fees.--The 
                                Copyright Royalty Judges'';
                                            (bb) by striking ``an 
                                        arbitration proceeding'' and 
                                        inserting ``the proceeding under 
                                        subparagraph (F)''; and
                                            (cc) by striking ``the 
                                        arbitration proceeding'' and 
                                        inserting ``that proceeding'';
                    (F) in subparagraph (E)--
                          (i) by striking ``Copyright Office'' and 
                      inserting ``Copyright Royalty Judges''; and
                          (ii) by striking ``May 31, 2010'' and 
                      inserting ``December 31, 2014''; and
                    (G) in subparagraph (F)--
                          (i) in the heading, by striking ``compulsory 
                      arbitration'' and inserting ``copyright royalty 
                      judges proceeding'';
                          (ii) in clause (i)--
                                    (I) in the heading, by striking 
                                ``proceedings'' and inserting ``the 
                                proceeding'';
                                    (II) in the matter preceding 
                                subclause (I)--
                                            (aa) by striking ``May 1, 
                                        2005, the Librarian of 
                                        Congress'' and inserting 
                                        ``September 1, 2010, the 
                                        Copyright Royalty Judges'';
                                            (bb) by striking 
                                        ``arbitration proceedings'' and 
                                        inserting ``a proceeding'';
                                            (cc) by striking ``fee to be 
                                        paid'' and inserting ``fees to 
                                        be paid'';

[[Page 124 STAT. 1222]]

                                            (dd) by striking ``primary 
                                        analog transmission'' and 
                                        inserting ``the primary 
                                        transmissions''; and
                                            (ee) by striking 
                                        ``distributors'' and inserting 
                                        ``distributors--'';
                                    (III) in subclause (II)--
                                            (aa) by striking ``Librarian 
                                        of Congress'' and inserting 
                                        ``Copyright Royalty Judges''; 
                                        and
                                            (bb) by striking 
                                        ``arbitration''; and
                                    (IV) by amending the last sentence 
                                to read as follows: ``Such proceeding 
                                shall be conducted under chapter 8.'';
                          (iii) in clause (ii), by amending the matter 
                      preceding subclause (I) to read as follows:
                          ``(ii) Establishment of royalty fees.--In 
                      determining royalty fees under this subparagraph, 
                      the Copyright Royalty Judges shall establish fees 
                      for the secondary transmissions of the primary 
                      transmissions of network stations and non-network 
                      stations that most clearly represent the fair 
                      market value of secondary transmissions, except 
                      that the Copyright Royalty Judges shall adjust 
                      royalty fees to account for the obligations of the 
                      parties under any applicable voluntary agreement 
                      filed with the Copyright Royalty Judges in 
                      accordance with subparagraph (D). In determining 
                      the fair market value, the Judges shall base their 
                      decision on economic, competitive, and programming 
                      information presented by the parties, including--
                      '';
                          (iv) by amending clause (iii) to read as 
                      follows:
                          ``(iii) Effective date for decision of 
                      copyright royalty judges.--The obligation to pay 
                      the royalty fees established under a determination 
                      that is made by the Copyright Royalty Judges in a 
                      proceeding under this paragraph shall be effective 
                      as of January 1, 2010.''; and
                          (v) in clause (iv)--
                                    (I) in the heading, by striking 
                                ``fee'' and inserting ``fees''; and
                                    (II) by striking ``fee referred to 
                                in (iii)'' and inserting ``fees referred 
                                to in clause (iii)''.
            (2) Paragraph (2) is amended to read as follows:
            ``(2) Annual royalty fee adjustment. <<NOTE: Effective 
        date.>> --Effective January 1 of each year, the royalty fee 
        payable under subsection (b)(1)(B) for the secondary 
        transmission of the primary transmissions of network stations 
        and non-network stations shall be adjusted by the Copyright 
        Royalty Judges to reflect any changes occurring in the cost of 
        living as determined by the most recent Consumer Price Index 
        (for all consumers and for all items) published by the Secretary 
        of Labor before December 1 of the preceding 
        year. <<NOTE: Notification. Federal Register, 
        publication. Deadline.>>  Notification of the adjusted fees 
        shall be published in the Federal Register at least 25 days 
        before January 1.''.

    (f) Definitions.--
            (1) Subscriber.--Section 119(d)(8) <<NOTE: 17 USC 119.>>  is 
        amended to read as follows:
            ``(8) Subscriber; subscribe.--

[[Page 124 STAT. 1223]]

                    ``(A) Subscriber.--The term `subscriber' means a 
                person or entity that receives a secondary transmission 
                service from a satellite carrier and pays a fee for the 
                service, directly or indirectly, to the satellite 
                carrier or to a distributor.
                    ``(B) Subscribe.--The term `subscribe' means to 
                elect to become a subscriber.''.
            (2) Local market.--Section 119(d)(11) <<NOTE: 17 USC 119.>>  
        is amended to read as follows:
            ``(11) Local market.--The term `local market' has the 
        meaning given such term under section 122(j).''.
            (3) Low power television station.--Section 119(d) is amended 
        by striking paragraph (12) and redesignating paragraphs (13) and 
        (14) as paragraphs (12) and (13), respectively.
            (4) Multicast stream.--Section 119(d), as amended by 
        paragraph (3), is further amended by adding at the end the 
        following new paragraph:
            ``(14) Multicast stream.--The term `multicast stream' means 
        a digital stream containing programming and program-related 
        material affiliated with a television network, other than the 
        primary stream.''.
            (5) Primary stream.--Section 119(d), as amended by paragraph 
        (4), is further amended by adding at the end the following new 
        paragraph:
            ``(15) Primary stream.--The term `primary stream' means--
                    ``(A) the single digital stream of programming as to 
                which a television broadcast station has the right to 
                mandatory carriage with a satellite carrier under the 
                rules of the Federal Communications Commission in effect 
                on July 1, 2009; or
                    ``(B) if there is no stream described in 
                subparagraph (A), then either--
                          ``(i) the single digital stream of programming 
                      associated with the network last transmitted by 
                      the station as an analog signal; or
                          ``(ii) if there is no stream described in 
                      clause (i), then the single digital stream of 
                      programming affiliated with the network that, as 
                      of July 1, 2009, had been offered by the 
                      television broadcast station for the longest 
                      period of time.''.
            (6) Clerical amendment.--Section 119(d) is amended in 
        paragraphs (1), (2), and (5) by striking ``which'' each place it 
        appears and inserting ``that''.

    (g) Superstation Redesignated as Non-network Station.--Section 119 
is amended--
            (1) by striking ``superstation'' each place it appears in a 
        heading and each place it appears in text and inserting ``non-
        network station''; and
            (2) by striking ``superstations'' each place it appears in a 
        heading and each place it appears in text and inserting ``non-
        network stations''.

    (h) Removal of Certain Provisions.--
            (1) Removal of provisions.--Section 119(a) is amended--
                    (A) in paragraph (2), by striking subparagraph (C) 
                and redesignating subparagraph (D) as subparagraph (C);

[[Page 124 STAT. 1224]]

                    (B) by striking paragraph (3) and redesignating 
                paragraphs (4) through (14) as paragraphs (3) through 
                (13), respectively; and
                    (C) by striking paragraph (15) and redesignating 
                paragraph (16) as paragraph (14).
            (2) Conforming amendments.--Section 119 <<NOTE: 17 USC 
        119.>>  is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``(5), (6), 
                      and (8)'' and inserting ``(4), (5), and (7)'';
                          (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by striking 
                                ``subparagraphs (B) and (C) of this 
                                paragraph and paragraphs (5), (6), (7), 
                                and (8)'' and inserting ``subparagraph 
                                (B) of this paragraph and paragraphs 
                                (4), (5), (6), and (7)'';
                                    (II) in subparagraph (B)(i), by 
                                striking the second sentence; and
                                    (III) in subparagraph (C) (as 
                                redesignated), by striking clauses (i) 
                                and (ii) and inserting the following:
                          ``(i) Initial lists. <<NOTE: Deadline.>> --A 
                      satellite carrier that makes secondary 
                      transmissions of a primary transmission made by a 
                      network station pursuant to subparagraph (A) 
                      shall, not later than 90 days after commencing 
                      such secondary transmissions, submit to the 
                      network that owns or is affiliated with the 
                      network station a list identifying (by name and 
                      address, including street or rural route number, 
                      city, State, and 9-digit zip code) all subscribers 
                      to which the satellite carrier makes secondary 
                      transmissions of that primary transmission to 
                      subscribers in unserved households.
                          ``(ii) Monthly lists. <<NOTE: Deadline.>> --
                      After the submission of the initial lists under 
                      clause (i), the satellite carrier shall, not later 
                      than the 15th of each month, submit to the network 
                      a list, aggregated by designated market area, 
                      identifying (by name and address, including street 
                      or rural route number, city, State, and 9-digit 
                      zip code) any persons who have been added or 
                      dropped as subscribers under clause (i) since the 
                      last submission under this subparagraph.''; and
                          (iii) in subparagraph (E) of paragraph (3) (as 
                      redesignated)--
                                    (I) by striking ``under paragraph 
                                (3) or''; and
                                    (II) by striking ``paragraph (12)'' 
                                and inserting ``paragraph (11)''; and
                    (B) in subsection (b)(1), by striking the final 
                sentence.

    (i) Modifications to Provisions for Secondary Transmissions by 
Satellite Carriers.--
            (1) Predictive model.--Section 119(a)(2)(B)(ii) is amended 
        by adding at the end the following:
                                    ``(III) Accurate predictive model 
                                with respect to digital signals.--
                                Notwithstanding subclause (I), in 
                                determining presumptively whether a 
                                person resides in an unserved household 
                                under subsection (d)(10)(A) with respect 
                                to digital signals, a court shall rely 
                                on a predictive model

[[Page 124 STAT. 1225]]

                                set forth by the Federal Communications 
                                Commission pursuant to a rulemaking as 
                                provided in section 339(c)(3) of the 
                                Communications Act of 1934 (47 U.S.C. 
                                339(c)(3)), as that model may be amended 
                                by the Commission over time under such 
                                section to increase the accuracy of that 
                                model. Until such time as the Commission 
                                sets forth such model, a court shall 
                                rely on the predictive model as 
                                recommended by the Commission with 
                                respect to digital signals in its Report 
                                to Congress in ET Docket No. 05-182, FCC 
                                05-199 (released December 9, 2005).''.
            (2) Modifications to statutory license where retransmissions 
        into local market available.--Section 119(a)(3) (as 
        redesignated) <<NOTE: 117 USC 119.>>  is amended--
                    (A) by striking ``analog'' each place it appears in 
                a heading and text;
                    (B) by striking subparagraphs (B), (C), and (D), and 
                inserting the following:
                    ``(B) Rules for lawful subscribers as of date of 
                enactment of 2010 act. <<NOTE: Applicability.>> --In the 
                case of a subscriber of a satellite carrier who, on the 
                day before the date of the enactment of the Satellite 
                Television Extension and Localism Act of 2010, was 
                lawfully receiving the secondary transmission of the 
                primary transmission of a network station under the 
                statutory license under paragraph (2) (in this 
                subparagraph referred to as the `distant signal'), other 
                than subscribers to whom subparagraph (A) applies, the 
                statutory license under paragraph (2) shall apply to 
                secondary transmissions by that satellite carrier to 
                that subscriber of the distant signal of a station 
                affiliated with the same television network, and the 
                subscriber's household shall continue to be considered 
                to be an unserved household with respect to such 
                network, until such time as the subscriber elects to 
                terminate such secondary transmissions, whether or not 
                the subscriber elects to subscribe to receive the 
                secondary transmission of the primary transmission of a 
                local network station affiliated with the same network 
                pursuant to the statutory license under section 122.
                    ``(C) Future applicability.--
                          ``(i) When local signal available at time of 
                      subscription.--The statutory license under 
                      paragraph (2) shall not apply to the secondary 
                      transmission by a satellite carrier of the primary 
                      transmission of a network station to a person who 
                      is not a subscriber lawfully receiving such 
                      secondary transmission as of the date of the 
                      enactment of the Satellite Television Extension 
                      and Localism Act of 2010 and, at the time such 
                      person seeks to subscribe to receive such 
                      secondary transmission, resides in a local market 
                      where the satellite carrier makes available to 
                      that person the secondary transmission of the 
                      primary transmission of a local network station 
                      affiliated with the same network pursuant to the 
                      statutory license under section 122.

[[Page 124 STAT. 1226]]

                          ``(ii) When local signal available after 
                      subscription. <<NOTE: Deadline.>> --In the case of 
                      a subscriber who lawfully subscribes to and 
                      receives the secondary transmission by a satellite 
                      carrier of the primary transmission of a network 
                      station under the statutory license under 
                      paragraph (2) (in this clause referred to as the 
                      `distant signal') on or after the date of the 
                      enactment of the Satellite Television Extension 
                      and Localism Act of 2010, the statutory license 
                      under paragraph (2) shall apply to secondary 
                      transmissions by that satellite carrier to that 
                      subscriber of the distant signal of a station 
                      affiliated with the same television network, and 
                      the subscriber's household shall continue to be 
                      considered to be an unserved household with 
                      respect to such network, until such time as the 
                      subscriber elects to terminate such secondary 
                      transmissions, but only if such subscriber 
                      subscribes to the secondary transmission of the 
                      primary transmission of a local network station 
                      affiliated with the same network within 60 days 
                      after the satellite carrier makes available to the 
                      subscriber such secondary transmission of the 
                      primary transmission of such local network 
                      station.'';
                    (C) by redesignating subparagraphs (E), (F), and (G) 
                as subparagraphs (D), (E), and (F), respectively;
                    (D) in subparagraph (E) (as redesignated), by 
                striking ``(C) or (D)'' and inserting ``(B) or (C)''; 
                and
                    (E) in subparagraph (F) (as redesignated), by 
                inserting ``9-digit'' before ``zip code''.
            (3) Statutory damages for territorial restrictions.--Section 
        119(a)(6) (as redesignated) <<NOTE: 17 USC 119.>>  is amended--
                    (A) in subparagraph (A)(ii), by striking ``$5'' and 
                inserting ``$250'';
                    (B) in subparagraph (B)--
                          (i) in clause (i), by striking ``$250,000 for 
                      each 6-month period'' and inserting ``$2,500,000 
                      for each 3-month period''; and
                          (ii) in clause (ii), by striking ``$250,000'' 
                      and inserting ``$2,500,000''; and
                    (C) by adding at the end the following flush 
                sentences:
                ``The <<NOTE: Courts.>>  court shall direct one half of 
                any statutory damages ordered under clause (i) to be 
                deposited with the Register of Copyrights for 
                distribution to copyright owners pursuant to subsection 
                (b). <<NOTE: Regulations. Procedures.>>  The Copyright 
                Royalty Judges shall issue regulations establishing 
                procedures for distributing such funds, on a 
                proportional basis, to copyright owners whose works were 
                included in the secondary transmissions that were the 
                subject of the statutory damages.''.
            (4) Technical amendment.--Section 119(a)(4) (as 
        redesignated) is amended by striking ``and 509''.
            (5) Clerical amendment.--Section 119(a)(2)(B)(iii)(II) is 
        amended by striking ``In this clause'' and inserting ``In this 
        clause,''.

    (j) Moratorium Extension.--Section 119(e) is amended by striking 
``May 31, 2010'' and inserting ``December 31, 2014''.
    (k) Clerical Amendments.--Section 119 is amended--

[[Page 124 STAT. 1227]]

            (1) by striking ``of the Code of Federal Regulations'' each 
        place it appears and inserting ``, Code of Federal 
        Regulations''; and
            (2) in subsection (d)(6), by striking ``or the Direct'' and 
        inserting ``, or the Direct''.
SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE 
                        CARRIERS IN LOCAL MARKETS.

    (a) Heading Renamed.--
            (1) In general.--The heading of section 122 is amended by 
        striking ``by satellite carriers within local markets'' and 
        inserting ``of local television programming by satellite''.
            (2) Table of contents.--The table of contents for chapter 1 
        is amended by striking the item relating to section 122 and 
        inserting the following:

``122. Limitations on exclusive rights: Secondary transmissions of local 
           television programming by satellite.''.

    (b) Statutory License.--Section 122(a) <<NOTE: 17 USC 122.>>  is 
amended to read as follows:

    ``(a) Secondary Transmissions Into Local Markets.--
            ``(1) Secondary transmissions of television broadcast 
        stations within a local market.--A secondary transmission of a 
        performance or display of a work embodied in a primary 
        transmission of a television broadcast station into the 
        station's local market shall be subject to statutory licensing 
        under this section if--
                    ``(A) the secondary transmission is made by a 
                satellite carrier to the public;
                    ``(B) 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; and
                    ``(C) the satellite carrier makes a direct or 
                indirect charge for the secondary transmission to--
                          ``(i) each subscriber receiving the secondary 
                      transmission; or
                          ``(ii) a distributor that has contracted with 
                      the satellite carrier for direct or indirect 
                      delivery of the secondary transmission to the 
                      public.
            ``(2) Significantly viewed stations.--
                    ``(A) In general. <<NOTE: Applicability.>> --A 
                secondary transmission of a performance or display of a 
                work embodied in a primary transmission of a television 
                broadcast station to subscribers who receive secondary 
                transmissions of primary transmissions under paragraph 
                (1) shall be subject to statutory licensing under this 
                paragraph if the secondary transmission is of the 
                primary transmission of a network station or a non-
                network station to a subscriber who resides outside the 
                station's local market but within a community in which 
                the signal has been determined by the Federal 
                Communications Commission to be significantly viewed in 
                such community, pursuant to the rules, regulations, and 
                authorizations of the Federal Communications Commission 
                in effect on April 15, 1976, applicable to determining 
                with respect to

[[Page 124 STAT. 1228]]

                a cable system whether signals are significantly viewed 
                in a community.
                    ``(B) Waiver.--A subscriber who is denied the 
                secondary transmission of the primary transmission of a 
                network station or a non-network station under 
                subparagraph (A) may request a waiver from such denial 
                by submitting a request, through the subscriber's 
                satellite carrier, to the network station or non-network 
                station in the local market affiliated with the same 
                network or non-network where the subscriber is 
                located. <<NOTE: Deadline.>>  The network station or 
                non-network station shall accept or reject the 
                subscriber's request for a waiver within 30 days after 
                receipt of the request. If the network station or non-
                network station fails to accept or reject the 
                subscriber's request for a waiver within that 30-day 
                period, that network station or non-network station 
                shall be deemed to agree to the waiver request.
            ``(3) Secondary transmission of low power programming.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), a secondary transmission of a performance or 
                display of a work embodied in a primary transmission of 
                a television broadcast station to subscribers who 
                receive secondary transmissions of primary transmissions 
                under paragraph (1) shall be subject to statutory 
                licensing under this paragraph if the secondary 
                transmission is of the primary transmission of a 
                television broadcast station that is licensed as a low 
                power television station, to a subscriber who resides 
                within the same designated market area as the station 
                that originates the transmission.
                    ``(B) 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.
                    ``(C) No impact on other secondary transmissions 
                obligations.--A satellite carrier that makes secondary 
                transmissions of a primary transmission of a low power 
                television station under a statutory license provided 
                under this section is not required, by reason of such 
                secondary transmissions, to make any other secondary 
                transmissions.
            ``(4) <<NOTE: Applicability.>>  Special exceptions.--A 
        secondary transmission of a performance or display of a work 
        embodied in a primary transmission of a television broadcast 
        station to subscribers who receive secondary transmissions of 
        primary transmissions under paragraph (1) shall, if the 
        secondary transmission is made by a satellite carrier that 
        complies with the requirements of paragraph (1), be subject to 
        statutory licensing under this paragraph as follows:
                    ``(A) States with single 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 this paragraph 
                shall apply to the secondary transmission by a satellite 
                carrier of the primary transmission of that station to 
                any subscriber in a community that is located within 
                that State and that is not within the first 50 
                television markets as listed in

[[Page 124 STAT. 1229]]

                the regulations of the Commission as in effect on such 
                date (47 C.F.R. 76.51).
                    ``(B) States with all network stations and non-
                network stations in same local market.--In a State in 
                which all network stations and non-network stations 
                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 this paragraph shall apply to the 
                secondary transmission by a satellite carrier of the 
                primary transmissions 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, Code of Federal 
                Regulations).
                    ``(C) Additional stations.--In the case of that 
                State in which are located 4 counties that--
                          ``(i) on January 1, 2004, were in local 
                      markets principally comprised of counties in 
                      another State, and
                          ``(ii) had a combined total of 41,340 
                      television households, according to the U.S. 
                      Television Household Estimates by Nielsen Media 
                      Research for 2004,
                the statutory license provided under this paragraph 
                shall apply to secondary transmissions by a satellite 
                carrier to subscribers in any such county of the primary 
                transmissions of any network station located in that 
                State, if the satellite carrier was making such 
                secondary transmissions to any subscribers in that 
                county on January 1, 2004.
                    ``(D) Certain additional stations.--If 2 adjacent 
                counties in a single State are in a local market 
                comprised principally of counties located in another 
                State, the statutory license provided for in this 
                paragraph shall apply to the secondary transmission by a 
                satellite carrier to subscribers in those 2 counties of 
                the primary transmissions of any network station located 
                in the capital of the State in which such 2 counties are 
                located, if--
                          ``(i) the 2 counties are located in a local 
                      market that is in the top 100 markets for the year 
                      2003 according to Nielsen Media Research; and
                          ``(ii) the total number of television 
                      households in the 2 counties combined did not 
                      exceed 10,000 for the year 2003 according to 
                      Nielsen Media Research.
                    ``(E) Networks of noncommercial educational 
                broadcast stations.--In the case of a system of three or 
                more noncommercial educational broadcast stations 
                licensed to a single State, public agency, or political, 
                educational, or special purpose subdivision of a State, 
                the statutory license provided for in this paragraph 
                shall apply to the secondary transmission of the primary 
                transmission of such system to any subscriber in any 
                county or county equivalent within such State, if such 
                subscriber is located in a designated market area that 
                is not otherwise eligible to receive the secondary 
                transmission of the primary transmission of a 
                noncommercial educational broadcast station located 
                within the State pursuant to paragraph (1).

[[Page 124 STAT. 1230]]

            ``(5) Applicability of royalty rates and procedures.--The 
        royalty rates and procedures under section 119(b) shall apply to 
        the secondary transmissions to which the statutory license under 
        paragraph (4) applies.''.

    (c) Reporting Requirements.--Section 122(b) <<NOTE: 17 USC 122.>>  
is amended--
            (1) in paragraph (1), by striking ``station a list'' and all 
        that follows through the end and inserting the following: 
        ``station--
                    ``(A) a list identifying (by name in alphabetical 
                order and street address, including county and 9-digit 
                zip code) all subscribers to which the satellite carrier 
                makes secondary transmissions of that primary 
                transmission under subsection (a); and
                    ``(B) a separate list, aggregated by designated 
                market area (by name and address, including street or 
                rural route number, city, State, and 9-digit zip code), 
                which shall indicate those subscribers being served 
                pursuant to paragraph (2) of subsection (a).''; and
            (2) in paragraph (2), by striking ``network a list'' and all 
        that follows through the end and inserting the following: 
        ``network--
                    ``(A) a list identifying (by name in alphabetical 
                order and street address, including county and 9-digit 
                zip code) any subscribers who have been added or dropped 
                as subscribers since the last submission under this 
                subsection; and
                    ``(B) a separate list, aggregated by designated 
                market area (by name and street address, including 
                street or rural route number, city, State, and 9-digit 
                zip code), identifying those subscribers whose service 
                pursuant to paragraph (2) of subsection (a) has been 
                added or dropped since the last submission under this 
                subsection.''.

    (d) No Royalty Fee for Certain Secondary Transmissions.--Section 
122(c) is amended--
            (1) in the heading, by inserting ``for Certain Secondary 
        Transmissions'' after ``Required''; and
            (2) by striking ``subsection (a)'' and inserting 
        ``paragraphs (1), (2), and (3) of subsection (a)''.

    (e)  Violations for Territorial Restrictions.--
            (1) Modification to statutory damages.--Section 122(f) is 
        amended--
                    (A) in paragraph (1)(B), by striking ``$5'' and 
                inserting ``$250''; and
                    (B) in paragraph (2), by striking ``$250,000'' each 
                place it appears and inserting ``$2,500,000''.
            (2) Conforming amendments for additional stations.--Section 
        122 is amended--
                    (A) in subsection (f), by striking ``section 119 
                or'' each place it appears and inserting the following: 
                ``section 119, subject to statutory licensing by reason 
                of paragraph (2)(A), (3), or (4) of subsection (a), or 
                subject to''; and
                    (B) in subsection (g), by striking ``section 119 
                or'' and inserting the following: ``section 119, 
                paragraph (2)(A), (3), or (4) of subsection (a), or''.

    (f) Definitions.--Section 122(j) is amended--
            (1) in paragraph (1), by striking ``which contracts'' and 
        inserting ``that contracts'';

[[Page 124 STAT. 1231]]

            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (6) and (7), respectively;
            (3) in paragraph (3)--
                    (A) by redesignating such paragraph as paragraph 
                (4);
                    (B) in the heading of such paragraph, by inserting 
                ``non-network station;'' after ``Network station;''; and
                    (C) by inserting `` `non-network station','' after 
                `` `network station','';
            (4) by inserting after paragraph (2) the following:
            ``(3) Low power television station.--The term `low power 
        television station' means a low power TV station as defined in 
        section 74.701(f) of title 47, 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, Code of Federal Regulations.'';
            (5) by inserting after paragraph (4) (as redesignated) the 
        following:
            ``(5) Noncommercial educational broadcast station.--The term 
        `noncommercial educational broadcast station' means a television 
        broadcast station that is a noncommercial educational broadcast 
        station as defined in section 397 of the Communications Act of 
        1934, as in effect on the date of the enactment of the Satellite 
        Television Extension and Localism Act of 2010.''; and
            (6) by amending paragraph (6) (as redesignated) to read as 
        follows:
            ``(6) Subscriber.--The term `subscriber' means a person or 
        entity that receives a secondary transmission service from a 
        satellite carrier and pays a fee for the service, directly or 
        indirectly, to the satellite carrier or to a distributor.''.
SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY TRANSMISSION 
                        RIGHTS UNDER SECTION 111.

    (a) Heading Renamed.--
            (1) In general.--The heading of section 111 is amended by 
        inserting at the end the following: ``of broadcast programming 
        by cable''.
            (2) Table of contents.--The table of contents for chapter 1 
        is amended by striking the item relating to section 111 and 
        inserting the following:

``111. Limitations on exclusive rights: Secondary transmissions of 
           broadcast programming by cable.''.

    (b) Technical Amendment.--Section 111(a)(4) <<NOTE: 17 USC 111.>>  
is amended by striking ``; or'' and inserting ``or section 122;''.

    (c) Statutory License for Secondary Transmissions by Cable 
Systems.--Section 111(d) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A)--
                          (i) by striking ``A cable system whose 
                      secondary'' and inserting the following: 
                      ``Statement of account and royalty fees.--Subject 
                      to paragraph (5), a cable system whose 
                      secondary''; and
                          (ii) by striking ``by regulation--'' and 
                      inserting ``by regulation the following:'';
                    (B) in subparagraph (A)--

[[Page 124 STAT. 1232]]

                          (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 equivalents; 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 transmitter; 
                      and
                          ``(iii) if a cable system provides a secondary 
                      transmission 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 
                                subscribers 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

[[Page 124 STAT. 1233]]

                of enactment to compute the royalty fee due using such 
                methodology, shall not be subject to an action for 
                infringement, or eligible for any royalty refund or 
                offset, arising out of its use of such methodology on 
                such statement.
                    ``(E) If the actual gross receipts paid by 
                subscribers to a cable system for the period covered by 
                the statement for the basic service of providing 
                secondary transmissions of primary broadcast 
                transmitters are $263,800 or less--
                          ``(i) gross receipts of the cable system for 
                      the purpose of this paragraph shall be computed by 
                      subtracting from such actual gross receipts the 
                      amount by which $263,800 exceeds such actual gross 
                      receipts, except that in no case shall a cable 
                      system's gross receipts be reduced to less than 
                      $10,400; and
                          ``(ii) the royalty fee payable under this 
                      paragraph to copyright owners pursuant to 
                      paragraph (3) shall be 0.5 percent, regardless of 
                      the number of distant signal equivalents, if any.
                    ``(F) If the actual gross receipts paid by 
                subscribers to a cable system for the period covered by 
                the statement for the basic service of providing 
                secondary transmissions of primary broadcast 
                transmitters are more than $263,800 but less than 
                $527,600, the royalty fee payable under this paragraph 
                to copyright owners pursuant to paragraph (3) shall be--
                          ``(i) 0.5 percent of any gross receipts up to 
                      $263,800, regardless of the number of distant 
                      signal equivalents, if any; and
                          ``(ii) 1 percent of any gross receipts in 
                      excess of $263,800, but less than $527,600, 
                      regardless of the number of distant signal 
                      equivalents, if any.
                    ``(G) A filing fee, as determined by the Register of 
                Copyrights pursuant to section 708(a).'';
            (2) in paragraph (2), in the first sentence--
                    (A) by striking ``The Register of Copyrights'' and 
                inserting the following ``Handling of fees.--The 
                Register of Copyrights''; and
                    (B) by inserting ``(including the filing fee 
                specified in paragraph (1)(G))'' after ``shall receive 
                all fees'';
            (3) in paragraph (3)--
                    (A) by striking ``The royalty fees'' and inserting 
                the following: ``Distribution of royalty fees to 
                copyright owners.--The royalty fees'';
                    (B) in subparagraph (A)--
                          (i) by striking ``any such'' and inserting 
                      ``Any such''; and
                          (ii) by striking ``; and'' and inserting a 
                      period;
                    (C) in subparagraph (B)--
                          (i) by striking ``any such'' and inserting 
                      ``Any such''; and
                          (ii) by striking the semicolon and inserting a 
                      period; and
                    (D) in subparagraph (C), by striking ``any such'' 
                and inserting ``Any such'';
            (4) in paragraph (4), by striking ``The royalty fees'' and 
        inserting the following: ``Procedures for royalty fee 
        distribution.--The royalty fees''; and

[[Page 124 STAT. 1234]]

            (5) by adding at the end the following new paragraphs:
            ``(5) 3.75 percent rate and syndicated exclusivity surcharge 
        not applicable to multicast streams.--The royalty rates 
        specified in sections 256.2(c) and 256.2(d) of title 37, Code of 
        Federal Regulations (commonly referred to as the `3.75 percent 
        rate' and the `syndicated exclusivity surcharge', respectively), 
        as in effect on the date of the enactment of the Satellite 
        Television Extension and Localism Act of 2010, as such rates may 
        be adjusted, or such sections redesignated, thereafter by the 
        Copyright Royalty Judges, shall not apply to the secondary 
        transmission of a multicast stream.
            ``(6) Verification of accounts and fee 
        payments. <<NOTE: Regulations. Time period.>> --The Register of 
        Copyrights shall issue regulations to provide for the 
        confidential verification by copyright owners whose works were 
        embodied in the secondary transmissions of primary transmissions 
        pursuant to this section of the information reported on the 
        semiannual statements of account filed under this subsection for 
        accounting periods beginning on or after January 1, 2010, in 
        order that the auditor designated under subparagraph (A) is able 
        to confirm the correctness of the calculations and royalty 
        payments reported therein. The regulations shall--
                    ``(A) establish procedures for the designation of a 
                qualified independent auditor--
                          ``(i) with exclusive authority to request 
                      verification of such a statement of account on 
                      behalf of all copyright owners whose works were 
                      the subject of secondary transmissions of primary 
                      transmissions by the cable system (that deposited 
                      the statement) during the accounting period 
                      covered by the statement; and
                          ``(ii) who is not an officer, employee, or 
                      agent of any such copyright owner for any purpose 
                      other than such audit;
                    ``(B) establish procedures for safeguarding all non-
                public financial and business information provided under 
                this paragraph;
                    ``(C)(i) require a consultation period for the 
                independent auditor to review its conclusions with a 
                designee of the cable system;
                    ``(ii) establish a mechanism for the cable system to 
                remedy any errors identified in the auditor's report and 
                to cure any underpayment identified; and
                    ``(iii) provide an opportunity to remedy any 
                disputed facts or conclusions;
                    ``(D) limit the frequency of requests for 
                verification for a particular cable system and the 
                number of audits that a multiple system operator can be 
                required to undergo in a single year; and
                    ``(E) permit requests for verification of a 
                statement of account to be made only within 3 years 
                after the last day of the year in which the statement of 
                account is filed.
            ``(7) Acceptance of additional deposits.--Any royalty fee 
        payments received by the Copyright Office from cable systems for 
        the secondary transmission of primary transmissions that are in 
        addition to the payments calculated and deposited in accordance 
        with this subsection shall be deemed to have been deposited for 
        the particular accounting period for which

[[Page 124 STAT. 1235]]

        they are received and shall be distributed as specified under 
        this subsection.''.

    (d) <<NOTE: 17 USC 111 note.>>  Effective Date of New Royalty Fee 
Rates.--The royalty fee rates established in section 111(d)(1)(B) of 
title 17, United States Code, as amended by subsection (c)(1)(C) of this 
section, shall take effect commencing with the first accounting period 
occurring in 2010.

    (e) Definitions.--Section 111(f) <<NOTE: 17 USC 111.>>  is amended--
            (1) by striking the first undesignated paragraph and 
        inserting the following:
            ``(1) Primary transmission.--A `primary transmission' is a 
        transmission made to the public by a transmitting facility whose 
        signals are being received and further transmitted by a 
        secondary transmission service, regardless of where or when the 
        performance or display was first transmitted. In the case of a 
        television broadcast station, the primary stream and any 
        multicast streams transmitted by the station constitute primary 
        transmissions.'';
            (2) in the second undesignated paragraph--
                    (A) by striking ``A `secondary transmission' '' and 
                inserting the following:
            ``(2) Secondary transmission.--A `secondary transmission' 
        ''; and
                    (B) by striking `` `cable system' '' and inserting 
                ``cable system'';
            (3) in the third undesignated paragraph--
                    (A) by striking ``A `cable system' '' and inserting 
                the following:
            ``(3) Cable system.--A `cable system' ''; and
                    (B) by striking ``Territory, Trust Territory, or 
                Possession'' and inserting ``territory, trust territory, 
                or possession of the United States'';
            (4) in the fourth undesignated paragraph, in the first 
        sentence--
                    (A) by striking ``The `local service area of a 
                primary transmitter', in the case of a television 
                broadcast station, comprises the area in which such 
                station is entitled to insist'' and inserting the 
                following:
            ``(4) Local service area of a primary transmitter.--The 
        `local service area of a primary transmitter', in the case of 
        both the primary stream and any multicast streams transmitted by 
        a primary transmitter that is a television broadcast station, 
        comprises the area where such primary transmitter could have 
        insisted'';
                    (B) by striking ``76.59 of title 47 of the Code of 
                Federal Regulations'' and inserting the following: 
                ``76.59 of title 47, Code of Federal Regulations, or 
                within the noise-limited contour as defined in 
                73.622(e)(1) of title 47, Code of Federal Regulations''; 
                and
                    (C) by striking ``as defined by the rules and 
                regulations of the Federal Communications Commission,'';
            (5) by amending the fifth undesignated paragraph to read as 
        follows:
            ``(5) Distant signal equivalent.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a `distant signal equivalent'--

[[Page 124 STAT. 1236]]

                          ``(i) is the value assigned to the secondary 
                      transmission 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 primary stream and to each 
                      multicast stream (other than a simulcast) that is 
                      a network station or a noncommercial educational 
                      station.
                    ``(B) Exceptions.--The values for independent, 
                network, 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 program and such rules and regulations 
                      also permit the substitution of another program 
                      embodying a performance 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 transmitted 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 substitution 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 programming rules of the 
                      Federal Communications Commission, or the 
                      secondary transmission of a primary transmitter 
                      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 independent, network, and 
                      noncommercial educational stations set forth in 
                      subparagraph (A), as the case may be, shall be 
                      multiplied by a fraction that is equal

[[Page 124 STAT. 1237]]

                      to the ratio of the broadcast hours of such 
                      primary transmitter retransmitted by the cable 
                      system to the total broadcast hours of the primary 
                      transmitter.
                          ``(iv) No value shall be assigned for the 
                      secondary transmission of the primary stream or 
                      any multicast streams of a primary transmitter 
                      that is a television broadcast station in any 
                      community that is within the local service area of 
                      the primary transmitter.'';
            (6) by striking the sixth undesignated paragraph and 
        inserting the following:
            ``(6) Network station.--
                    ``(A) Treatment of primary stream.--The term 
                `network station' shall be applied to a primary stream 
                of a television broadcast station that is owned or 
                operated by, or affiliated with, one or more of the 
                television networks in the United States providing 
                nationwide transmissions, and that transmits a 
                substantial part of the programming supplied by such 
                networks for a substantial part of the primary stream's 
                typical broadcast day.
                    ``(B) Treatment of multicast streams.--The term 
                `network station' shall be applied to a multicast stream 
                on which a television broadcast station transmits all or 
                substantially all of the programming of an 
                interconnected program service that--
                          ``(i) is owned or operated by, or affiliated 
                      with, one or more of the television networks 
                      described in subparagraph (A); and
                          ``(ii) offers programming on a regular basis 
                      for 15 or more hours per week to at least 25 of 
                      the affiliated television licensees of the 
                      interconnected program service in 10 or more 
                      States.'';
            (7) by striking the seventh undesignated paragraph and 
        inserting the following:
            ``(7) Independent station.--The term `independent station' 
        shall be applied to the primary stream or a multicast stream of 
        a television broadcast station that is not a network station or 
        a noncommercial educational station.'';
            (8) by striking the eighth undesignated paragraph and 
        inserting the following:
            ``(8) Noncommercial educational station.--The term 
        `noncommercial educational station' shall be applied to the 
        primary stream or a multicast stream of a television broadcast 
        station that is a noncommercial educational broadcast station as 
        defined in section 397 of the Communications Act of 1934, as in 
        effect on the date of the enactment of the Satellite Television 
        Extension and Localism Act of 2010.''; and
            (9) by adding at the end the following:
            ``(9) Primary stream.--A `primary stream' is--
                    ``(A) the single digital stream of programming that, 
                before June 12, 2009, was substantially duplicating the 
                programming transmitted by the television broadcast 
                station as an analog signal; or
                    ``(B) if there is no stream described in 
                subparagraph (A), then the single digital stream of 
                programming transmitted by the television broadcast 
                station for the longest period of time.

[[Page 124 STAT. 1238]]

            ``(10) Primary transmitter.--A `primary transmitter' is a 
        television or radio broadcast station licensed by the Federal 
        Communications Commission, or by an appropriate governmental 
        authority of Canada or Mexico, that makes primary transmissions 
        to the public.
            ``(11) Multicast stream.--A `multicast stream' is a digital 
        stream of programming that is transmitted by a television 
        broadcast station and is not the station's primary stream.
            ``(12) Simulcast.--A `simulcast' is a multicast stream of a 
        television broadcast station that duplicates the programming 
        transmitted by the primary stream or another multicast stream of 
        such station.
            ``(13) Subscriber; subscribe.--
                    ``(A) Subscriber.--The term `subscriber' means a 
                person or entity that receives a secondary transmission 
                service from a cable system and pays a fee for the 
                service, directly or indirectly, to the cable system.
                    ``(B) Subscribe.--The term `subscribe' means to 
                elect to become a subscriber.''.

    (f) Timing of Section 111 Proceedings. <<NOTE: 17 USC 804.>> --
Section 804(b)(1) is amended by striking ``2005'' each place it appears 
and inserting ``2015''.

    (g) Technical and Conforming Amendments.--
            (1) Corrections to fix level designations.--Section 111 is 
        amended--
                    (A) in subsections (a), (c), and (e), by striking 
                ``clause'' each place it appears and inserting 
                ``paragraph'';
                    (B) in subsection (c)(1), by striking ``clauses'' 
                and inserting ``paragraphs''; and
                    (C) in subsection (e)(1)(F), by striking 
                ``subclause'' and inserting ``subparagraph''.
            (2) Conforming amendment to hyphenate nonnetwork.--Section 
        111 is amended by striking ``nonnetwork'' each place it appears 
        and inserting ``non-network''.
            (3) Previously undesignated paragraph.--Section 111(e)(1) is 
        amended by striking ``second paragraph of subsection (f)'' and 
        inserting ``subsection (f)(2)''.
            (4) Removal of superfluous ands.--Section 111(e) is 
        amended--
                    (A) in paragraph (1)(A), by striking ``and'' at the 
                end;
                    (B) in paragraph (1)(B), by striking ``and'' at the 
                end;
                    (C) in paragraph (1)(C), by striking ``and'' at the 
                end;
                    (D) in paragraph (1)(D), by striking ``and'' at the 
                end; and
                    (E) in paragraph (2)(A), by striking ``and'' at the 
                end.
            (5) Removal of variant forms references.--Section 111 is 
        amended--
                    (A) in subsection (e)(4), by striking ``, and each 
                of its variant forms,''; and
                    (B) in subsection (f), by striking ``and their 
                variant forms''.
            (6) Correction to territory reference.--Section 111(e)(2) is 
        amended in the matter preceding subparagraph (A) by striking 
        ``three territories'' and inserting ``five entities''.

    (h) <<NOTE: 17 USC 111 note.>>  Effective Date With Respect to 
Multicast Streams.--

[[Page 124 STAT. 1239]]

            (1) In general.--Subject to paragraphs (2) and (3), the 
        amendments made by this section, to the extent such amendments 
        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 transmitter 
                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 transmitter 
                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 written 
                agreements for the secondary transmission of such 
                streams.--In any case in which the secondary 
                transmission 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 association representing the cable system 
                and a primary transmitter or an association representing 
                the primary transmitter, a distant signal equivalent 
                value (referred to in paragraph (1)) shall not be 
                assigned to secondary transmissions 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. <<NOTE: Courts.>>  CERTAIN WAIVERS GRANTED TO PROVIDERS 
                        OF LOCAL-INTO-LOCAL SERVICE FOR ALL DMAS.

    Section 119 <<NOTE: 17 USC 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 
        enactment 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.--

[[Page 124 STAT. 1240]]

                    ``(A) In general.--Upon a request made by a 
                satellite carrier, a court that issued an injunction 
                against such carrier under subsection (a)(7)(B) before 
                the date of the enactment of this subsection shall waive 
                such injunction with respect to the statutory license 
                provided under subsection (a)(2) to the extent necessary 
                to allow such carrier to make secondary transmissions of 
                primary transmissions made by a network station to 
                unserved households located in short markets in which 
                such carrier was not providing local service pursuant to 
                the license under section 122 as of December 31, 2009.
                    ``(B) <<NOTE: Time period.>>  Expiration of 
                temporary waiver.--A temporary waiver of an injunction 
                under subparagraph (A) shall expire after the end of the 
                120-day period beginning on the date such temporary 
                waiver is issued unless extended for good cause by the 
                court making the temporary waiver.
                    ``(C) Failure to provide local-into-local service to 
                all dmas.--
                          ``(i) Failure to act reasonably and in good 
                      faith.--If the court issuing a temporary waiver 
                      under subparagraph (A) determines that the 
                      satellite carrier that made the request for such 
                      waiver has failed to act reasonably or has failed 
                      to make a good faith effort to provide local-into-
                      local service to all DMAs, such failure--
                                    ``(I) is actionable as an act of 
                                infringement under section 501 and the 
                                court may in its discretion impose the 
                                remedies provided for in sections 502 
                                through 506 and subsection (a)(6)(B) of 
                                this section; and
                                    ``(II) shall result in the 
                                termination of the waiver issued under 
                                subparagraph (A).
                          ``(ii) Failure to provide local-into-local 
                      service.--If the court issuing a temporary waiver 
                      under subparagraph (A) determines that the 
                      satellite carrier that made the request for such 
                      waiver has failed to provide local-into-local 
                      service to all DMAs, but determines that the 
                      carrier acted reasonably and in good faith, the 
                      court may in its discretion impose financial 
                      penalties that reflect--
                                    ``(I) the degree of control the 
                                carrier had over the circumstances that 
                                resulted in the failure;
                                    ``(II) the quality of the carrier's 
                                efforts to remedy the failure; and
                                    ``(III) the severity and duration of 
                                any service interruption.
                    ``(D) Single temporary waiver available.--An entity 
                may only receive one temporary waiver under this 
                paragraph.
                    ``(E) Short market defined.--For purposes of this 
                paragraph, the term `short market' means a local market 
                in which programming of one or more of the four most 
                widely viewed television networks nationwide as measured 
                on the date of the enactment of this subsection is not 
                offered on the primary stream transmitted by any local 
                television broadcast station.
            ``(3) Establishment of qualified carrier recognition.--

[[Page 124 STAT. 1241]]

                    ``(A) Statement of eligibility.--An entity seeking 
                to be recognized as a qualified carrier under this 
                subsection shall file a statement of eligibility with 
                the court that imposed the injunction. A statement of 
                eligibility must include--
                          ``(i) an affidavit that the entity is 
                      providing local-into-local service to all DMAs;
                          ``(ii) a motion for a waiver of the 
                      injunction;
                          ``(iii) a motion that the court appoint a 
                      special master under Rule 53 of the Federal Rules 
                      of Civil Procedure;
                          ``(iv) an agreement by the carrier to pay all 
                      expenses incurred by the special master under 
                      paragraph (4)(B)(ii); and
                          ``(v) a certification issued pursuant to 
                      section 342(a) of Communications Act of 1934.
                    ``(B) Grant of recognition as a qualified carrier.--
                Upon receipt of a statement of eligibility, the court 
                shall recognize the entity as a qualified carrier and 
                issue the waiver under paragraph 
                (1). <<NOTE: Appointment. Reports.>>  Upon motion 
                pursuant to subparagraph (A)(iii), the court shall 
                appoint a special master to conduct the examination and 
                provide a report to the court as provided in paragraph 
                (4)(B).
                    ``(C) Voluntary termination.--At any time, an entity 
                recognized as a qualified carrier may file a statement 
                of voluntary termination with the court certifying that 
                it no longer wishes to be recognized as a qualified 
                carrier. Upon receipt of such statement, the court shall 
                reinstate the injunction waived under paragraph (1).
                    ``(D) Loss of recognition prevents future 
                recognition.--No entity may be recognized as a qualified 
                carrier if such entity had previously been recognized as 
                a qualified carrier and subsequently lost such 
                recognition or voluntarily terminated such recognition 
                under subparagraph (C).
            ``(4) Qualified carrier obligations and compliance.--
                    ``(A) Continuing obligations.--
                          ``(i) In general.--An entity recognized as a 
                      qualified carrier shall continue to provide local-
                      into-local service to all DMAs.
                          ``(ii) Cooperation with compliance 
                      examination.--An entity recognized as a qualified 
                      carrier shall fully cooperate with the special 
                      master appointed by the court under paragraph 
                      (3)(B) in an examination set forth in subparagraph 
                      (B).
                    ``(B) Qualified carrier compliance examination.--
                          ``(i) Examination and report.--A special 
                      master appointed by the court under paragraph 
                      (3)(B) shall conduct an examination of, and file a 
                      report on, the qualified carrier's compliance with 
                      the royalty payment and household eligibility 
                      requirements of the license under this 
                      section. <<NOTE: Time period.>>  The report shall 
                      address the qualified carrier's conduct during the 
                      period beginning on the date on which the 
                      qualified carrier is recognized as such under 
                      paragraph (3)(B) and ending on April 30, 2012.
                          ``(ii) Records of qualified 
                      carrier. <<NOTE: Time period.>> --Beginning on the 
                      date that is one year after the date on which

[[Page 124 STAT. 1242]]

                      the qualified carrier is recognized as such under 
                      paragraph (3)(B), but not later than December 1, 
                      2011, the qualified carrier shall provide the 
                      special master with all records that the special 
                      master considers to be directly pertinent to the 
                      following requirements under this section:
                                    ``(I) Proper calculation and payment 
                                of royalties under the statutory license 
                                under this section.
                                    ``(II) Provision of service under 
                                this license to eligible subscribers 
                                only.
                          ``(iii) Submission of 
                      report. <<NOTE: Records.>> --The special master 
                      shall file the report required by clause (i) not 
                      later than July 24, 2012, with the court referred 
                      to in paragraph (1) that issued the injunction, 
                      and the court shall transmit a copy of the report 
                      to the Register of Copyrights, the Committees on 
                      the Judiciary and on Energy and Commerce of the 
                      House of Representatives, and the Committees on 
                      the Judiciary and on Commerce, Science, and 
                      Transportation of the Senate.
                          ``(iv) Evidence of infringement.--The special 
                      master shall include in the report a statement of 
                      whether the examination by the special master 
                      indicated that there is substantial evidence that 
                      a copyright holder could bring a successful action 
                      under this section against the qualified carrier 
                      for infringement.
                          ``(v) Subsequent 
                      examination. <<NOTE: Deadline.>> --If the special 
                      master's report includes a statement that its 
                      examination indicated the existence of substantial 
                      evidence that a copyright holder could bring a 
                      successful action under this section against the 
                      qualified carrier for infringement, the special 
                      master shall, not later than 6 months after the 
                      report under clause (i) is filed, initiate another 
                      examination of the qualified carrier's compliance 
                      with the royalty payment and household eligibility 
                      requirements of the license under this section 
                      since the last report was filed under clause 
                      (iii). <<NOTE: Reports. Records.>>  The special 
                      master shall file a report on the results of the 
                      examination conducted under this clause with the 
                      court referred to in paragraph (1) that issued the 
                      injunction, and the court shall transmit a copy to 
                      the Register of Copyrights, the Committees on the 
                      Judiciary and on Energy and Commerce of the House 
                      of Representatives, and the Committees on the 
                      Judiciary and on Commerce, Science, and 
                      Transportation of the Senate. The report shall 
                      include a statement described in clause (iv).
                          ``(vi) Compliance.--Upon motion filed by an 
                      aggrieved copyright owner, the court recognizing 
                      an entity as a qualified carrier shall terminate 
                      such designation upon finding that the entity has 
                      failed to cooperate with the examinations required 
                      by this subparagraph.
                          ``(vii) Oversight.--During the period of time 
                      that the special master is conducting an 
                      examination under

[[Page 124 STAT. 1243]]

                      this subparagraph, the Comptroller General shall 
                      monitor the degree to which the entity seeking to 
                      be recognized or recognized as a qualified carrier 
                      under paragraph (3) is complying with the special 
                      master's examination. <<NOTE: Records.>>  The 
                      qualified carrier shall make available to the 
                      Comptroller General all records and individuals 
                      that the Comptroller General considers necessary 
                      to meet the Comptroller General's obligations 
                      under this clause. <<NOTE: Reports. Deadlines.>>  
                      The Comptroller General shall report the results 
                      of the monitoring required by this clause to the 
                      Committees on the Judiciary and on Energy and 
                      Commerce of the House of Representatives and the 
                      Committees on the Judiciary and on Commerce, 
                      Science, and Transportation of the Senate at 
                      intervals of not less than six months during such 
                      period.
                    ``(C) 
                Affirmation. <<NOTE: Affidavits. Deadline.>> --A 
                qualified carrier shall file an affidavit with the 
                district court and the Register of Copyrights 30 months 
                after such status was granted stating that, to the best 
                of the affiant's knowledge, it is in compliance with the 
                requirements for a qualified carrier. The qualified 
                carrier shall attach to its affidavit copies of all 
                reports or orders issued by the court, the special 
                master, and the Comptroller General.
                    ``(D) Compliance determination.--Upon the motion of 
                an aggrieved television broadcast station, the court 
                recognizing an entity as a qualified carrier may make a 
                determination of whether the entity is providing local-
                into-local service to all DMAs.
                    ``(E) Pleading requirement.--In any motion brought 
                under subparagraph (D), the party making such motion 
                shall specify one or more designated market areas (as 
                such term is defined in section 122(j)(2)(C)) for which 
                the failure to provide service is being alleged, and, 
                for each such designated market area, shall plead with 
                particularity the circumstances of the alleged failure.
                    ``(F) Burden of proof.--In any proceeding to make a 
                determination under subparagraph (D), and with respect 
                to a designated market area for which failure to provide 
                service is alleged, the entity recognized as a qualified 
                carrier shall have the burden of proving that the entity 
                provided local-into-local service with a good quality 
                satellite signal to at least 90 percent of the 
                households in such designated market area (based on the 
                most recent census data released by the United States 
                Census Bureau) at the time and place alleged.
            ``(5) Failure to provide service.--
                    ``(A) Penalties.--If the court recognizing an entity 
                as a qualified carrier finds that such entity has 
                willfully failed to provide local-into-local service to 
                all DMAs, such finding shall result in the loss of 
                recognition of the entity as a qualified carrier and the 
                termination of the waiver provided under paragraph (1), 
                and the court may, in its discretion--
                          ``(i) treat such failure as an act of 
                      infringement under section 501, and subject such 
                      infringement to the remedies provided for in 
                      sections 502 through 506 and subsection (a)(6)(B) 
                      of this section; and

[[Page 124 STAT. 1244]]

                          ``(ii) impose a fine of not less than $250,000 
                      and not more than $5,000,000.
                    ``(B) Exception for nonwillful violation.--If the 
                court determines that the failure to provide local-into-
                local service to all DMAs is nonwillful, the court may 
                in its discretion impose financial penalties for 
                noncompliance that reflect--
                          ``(i) the degree of control the entity had 
                      over the circumstances that resulted in the 
                      failure;
                          ``(ii) the quality of the entity's efforts to 
                      remedy the failure and restore service; and
                          ``(iii) the severity and duration of any 
                      service interruption.
            ``(6) Penalties for violations of license.--A court that 
        finds, under subsection (a)(6)(A), that an entity recognized as 
        a qualified carrier has willfully made a secondary transmission 
        of a primary transmission made by a network station and 
        embodying a performance or display of a work to a subscriber who 
        is not eligible to receive the transmission under this section 
        shall reinstate the injunction waived under paragraph (1), and 
        the court may order statutory damages of not more than 
        $2,500,000.
            ``(7) Local-into-local service to all dmas defined.--For 
        purposes of this subsection:
                    ``(A) In general.--An entity provides `local-into-
                local service to all DMAs' if the entity provides local 
                service in all designated market areas (as such term is 
                defined in section 122(j)(2)(C)) pursuant to the license 
                under section 122.
                    ``(B) Household coverage.--For purposes of 
                subparagraph (A), an entity that makes available local-
                into-local service with a good quality satellite signal 
                to at least 90 percent of the households in a designated 
                market area based on the most recent census data 
                released by the United States Census Bureau shall be 
                considered to be providing local service to such 
                designated market area.
                    ``(C) Good quality satellite signal defined.--The 
                term `good quality satellite signal' has the meaning 
                given such term under section 342(e)(2) of 
                Communications Act of 1934.''.
SEC. 106. COPYRIGHT OFFICE FEES.

    Section 708(a) <<NOTE: 17 USC 708.>>  is amended--
            (1) in paragraph (8), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (9), by striking the period and inserting a 
        semicolon;
            (3) by inserting after paragraph (9) the following:
            ``(10) on filing a statement of account based on secondary 
        transmissions of primary transmissions pursuant to section 119 
        or 122; and
            ``(11) on filing a statement of account based on secondary 
        transmissions of primary transmissions pursuant to section 
        111.''; and
            (4) by adding at the end the following new sentence: ``Fees 
        established under paragraphs (10) and (11) shall be reasonable 
        and may not exceed one-half of the cost necessary to cover 
        reasonable expenses incurred by the Copyright Office for the

[[Page 124 STAT. 1245]]

        collection and administration of the statements of account and 
        any royalty fees deposited with such statements.''.
SEC. 107. TERMINATION OF LICENSE.

    (a) <<NOTE: 17 USC 119 note.>>  Termination.--Section 119 of title 
17, United States Code, as amended by this Act, shall cease to be 
effective on December 31, 2014.

    (b) <<NOTE: Repeal.>>  Conforming Amendment.--Section 1003(a)(2)(A) 
of Public Law 111-118 (17 U.S.C. 119 note) is repealed.
SEC. 108. <<NOTE: 17 USC 111 note.>>  CONSTRUCTION.

    Nothing in section 111, 119, or 122 of title 17, United States Code, 
including the amendments made to such sections by this title, shall be 
construed to affect the meaning of any terms under the Communications 
Act of 1934, except to the extent that such sections are specifically 
cross-referenced in such Act or the regulations issued thereunder.

                   TITLE II--COMMUNICATIONS PROVISIONS

SEC. 201. REFERENCE.

    Except as otherwise provided, whenever in this title an amendment is 
made to a section or other provision, the reference shall be considered 
to be made to such section or provision of the Communications Act of 
1934 (47 U.S.C. 151 et seq.).
SEC. 202. EXTENSION OF AUTHORITY.

    Section 325(b) <<NOTE: 47 USC 325.>>  is amended--
            (1) in paragraph (2)(C), by striking ``May 31, 2010'' and 
        inserting ``December 31, 2014''; and
            (2) in paragraph (3)(C), by striking ``June 1, 2010'' each 
        place it appears in clauses (ii) and (iii) and inserting 
        ``January 1, 2015''.
SEC. 203. SIGNIFICANTLY VIEWED STATIONS.

    (a) In General.--Paragraphs (1) and (2) of section 340(b) <<NOTE: 47 
USC 340.>>  are amended to read as follows:
            ``(1) Service limited to subscribers taking local-into-local 
        service. <<NOTE: Applicability.>> --This section shall apply 
        only to retransmissions to subscribers of a satellite carrier 
        who receive retransmissions of a signal from that satellite 
        carrier pursuant to section 338.
            ``(2) Service limitations.--A satellite carrier may 
        retransmit to a subscriber in high definition format the signal 
        of a station determined by the Commission to be significantly 
        viewed under subsection (a) only if such carrier also 
        retransmits in high definition format the signal of a station 
        located in the local market of such subscriber and affiliated 
        with the same network whenever such format is available from 
        such station.''.

    (b) Rulemaking Required. <<NOTE: Deadline. 47 USC 340 note.>> --
Within 270 days after the date of the enactment of this Act, the Federal 
Communications Commission shall take all actions necessary to promulgate 
a rule to implement the amendments made by subsection (a).

[[Page 124 STAT. 1246]]

SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.

    (a) Section 338.--Section 338 <<NOTE: 47 USC 338.>>  is amended--
            (1) in subsection (a), by striking ``(3)  effective date.--
        No satellite'' and all that follows through ``until January 1, 
        2002.''; and
            (2) by amending subsection (g) to read as follows:

    ``(g) Carriage of Local Stations on a Single Reception Antenna.--
            ``(1) Single reception antenna.--Each satellite carrier that 
        retransmits the signals of local television broadcast stations 
        in a local market shall retransmit such stations in such market 
        so that a subscriber may receive such stations by means of a 
        single reception antenna and associated equipment.
            ``(2) Additional reception antenna.--If the carrier 
        retransmits the signals of local television broadcast stations 
        in a local market in high definition format, the carrier shall 
        retransmit such signals in such market so that a subscriber may 
        receive such signals by means of a single reception antenna and 
        associated equipment, but such antenna and associated equipment 
        may be separate from the single reception antenna and associated 
        equipment used to comply with paragraph (1).''.

    (b) Section 339.--Section 339 <<NOTE: 47 USC 339.>>  is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by striking ``Such two 
                network stations'' and all that follows through ``more 
                than two network stations.''; and
                    (B) in paragraph (2)--
                          (i) in the heading for subparagraph (A), by 
                      striking ``to analog signals'';
                          (ii) in subparagraph (A)--
                                    (I) in the heading for clause (i), 
                                by striking ``analog'';
                                    (II) in clause (i)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``October 
                                        1, 2004'' and inserting 
                                        ``October 1, 2009'';
                                    (III) in the heading for clause 
                                (ii), by striking ``analog''; and
                                    (IV) in clause (ii)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``2004'' 
                                        and inserting ``2009'';
                          (iii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Rules for other subscribers.--
                          ``(i) In 
                      general. <<NOTE: Applicability. Deadlines.>> --In 
                      the case of a subscriber of a satellite carrier 
                      who is eligible to receive the signal of a network 
                      station under this section (in this subparagraph 
                      referred to as a `distant signal'), other than 
                      subscribers to whom subparagraph (A) applies, the 
                      following shall apply:
                                    ``(I) In a case in which the 
                                satellite carrier makes available to 
                                that subscriber, on January

[[Page 124 STAT. 1247]]

                                1, 2005, the signal of a local network 
                                station affiliated with the same 
                                television network pursuant to section 
                                338, the carrier may only provide the 
                                secondary transmissions of the distant 
                                signal of a station affiliated with the 
                                same network to that subscriber if the 
                                subscriber's satellite carrier, not 
                                later than March 1, 2005, submits to 
                                that television network the list and 
                                statement required by subparagraph 
                                (F)(i).
                                    ``(II) In a case in which the 
                                satellite carrier does not make 
                                available to that subscriber, on January 
                                1, 2005, the signal of a local network 
                                station pursuant to section 338, the 
                                carrier may only provide the secondary 
                                transmissions of the distant signal of a 
                                station affiliated with the same network 
                                to that subscriber if--
                                            ``(aa) that subscriber seeks 
                                        to subscribe to such distant 
                                        signal before the date on which 
                                        such carrier commences to carry 
                                        pursuant to section 338 the 
                                        signals of stations from the 
                                        local market of such local 
                                        network station; and
                                            ``(bb) the satellite 
                                        carrier, within 60 days after 
                                        such date, submits to each 
                                        television network the list and 
                                        statement required by 
                                        subparagraph (F)(ii).
                          ``(ii) Special circumstances.--A subscriber of 
                      a satellite carrier who was lawfully receiving the 
                      distant signal of a network station on the day 
                      before the date of enactment of the Satellite 
                      Television Extension and Localism Act of 2010 may 
                      receive both such distant signal and the local 
                      signal of a network station affiliated with the 
                      same network until such subscriber chooses to no 
                      longer receive such distant signal from such 
                      carrier, whether or not such subscriber elects to 
                      subscribe to such local signal.'';
                          (iv) in subparagraph (C)--
                                    (I) by striking ``analog'';
                                    (II) in clause (i), by striking 
                                ``the Satellite Home Viewer Extension 
                                and Reauthorization Act of 2004; and'' 
                                and inserting the following:
                      ``the Satellite Television Extension and Localism 
                      Act of 2010 and, at the time such person seeks to 
                      subscribe to receive such secondary transmission, 
                      resides in a local market where the satellite 
                      carrier makes available to that person the signal 
                      of a local network station affiliated with the 
                      same television network pursuant to section 338 
                      (and the retransmission of such signal by such 
                      carrier can reach such subscriber); or''; and
                                    (III) by amending clause (ii) to 
                                read as follows:
                          ``(ii) <<NOTE: Deadline.>>  lawfully 
                      subscribes to and receives a distant signal on or 
                      after the date of enactment of the Satellite 
                      Television Extension and Localism Act of 2010, 
                      and, subsequent to such subscription, the 
                      satellite carrier makes available to that 
                      subscriber the signal of a local network station 
                      affiliated with the same network as the distant 
                      signal (and the retransmission of such

[[Page 124 STAT. 1248]]

                      signal by such carrier can reach such subscriber), 
                      unless such person subscribes to the signal of the 
                      local network station within 60 days after such 
                      signal is made available.'';
                          (v) in subparagraph (D)--
                                    (I) in the heading, by striking 
                                ``digital'';
                                    (II) by striking clauses (i), (iii) 
                                through (v), (vii) through (ix), and 
                                (xi);
                                    (III) by redesignating clause (vi) 
                                as clause (i) and transferring such 
                                clause to appear before clause (ii);
                                    (IV) by amending such clause (i) (as 
                                so redesignated) to read as follows:
                          ``(i) Eligibility and signal testing.--A 
                      subscriber of a satellite carrier shall be 
                      eligible to receive a distant signal of a network 
                      station affiliated with the same network under 
                      this section if, with respect to a local network 
                      station, such subscriber--
                                    ``(I) is a subscriber whose 
                                household is not predicted by the model 
                                specified in subsection (c)(3) to 
                                receive the signal intensity required 
                                under section 73.622(e)(1) or, in the 
                                case of a low-power station or 
                                translator station transmitting an 
                                analog signal, section 73.683(a) of 
                                title 47, Code of Federal Regulations, 
                                or a successor regulation;
                                    ``(II) is determined, based on a 
                                test conducted in accordance with 
                                section 73.686(d) of title 47, Code of 
                                Federal Regulations, or any successor 
                                regulation, not to be able to receive a 
                                signal that exceeds the signal intensity 
                                standard in section 73.622(e)(1) or, in 
                                the case of a low-power station or 
                                translator station transmitting an 
                                analog signal, section 73.683(a) of such 
                                title, or a successor regulation; or
                                    ``(III) is in an unserved household, 
                                as determined under section 
                                119(d)(10)(A) of title 17, United States 
                                Code.'';
                                    (V) in clause (ii)--
                                            (aa) by striking ``digital'' 
                                        in the heading;
                                            (bb) by striking ``digital'' 
                                        the first two places such term 
                                        appears;
                                            (cc) by striking ``Satellite 
                                        Home Viewer Extension and 
                                        Reauthorization Act of 2004'' 
                                        and inserting ``Satellite 
                                        Television Extension and 
                                        Localism Act of 2010''; and
                                            (dd) by striking ``, whether 
                                        or not such subscriber elects to 
                                        subscribe to local digital 
                                        signals'';
                                    (VI) by inserting after clause (ii) 
                                the following new clause:
                          ``(iii) Time-shifting prohibited.--In a case 
                      in which the satellite carrier makes available to 
                      an eligible subscriber under this subparagraph the 
                      signal of a local network station pursuant to 
                      section 338, the carrier may only provide the 
                      distant signal of a station affiliated with the 
                      same network to that subscriber if, in the case of 
                      any local market in the 48

[[Page 124 STAT. 1249]]

                      contiguous States of the United States, the 
                      distant signal is the secondary transmission of a 
                      station whose prime time network programming is 
                      generally broadcast simultaneously with, or later 
                      than, the prime time network programming of the 
                      affiliate of the same network in the local 
                      market.''; and
                                    (VII) by redesignating clause (x) as 
                                clause (iv); and
                          (vi) in subparagraph (E), by striking 
                      ``distant analog signal or'' and all that follows 
                      through ``(B), or (D))'' and inserting ``distant 
                      signal'';
            (2) in subsection (c)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) <<NOTE: Deadlines.>>  Establishment of improved 
        predictive model and on-location testing required.--
                    ``(A) <<NOTE: Regulations.>>  Predictive model.--
                Within 270 days after the date of the enactment of the 
                Satellite Television Extension and Localism Act of 2010, 
                the Commission shall develop and prescribe by rule a 
                point-to-point predictive model for reliably and 
                presumptively determining the ability of individual 
                locations, through the use of an antenna, to receive 
                signals in accordance with the signal intensity standard 
                in section 73.622(e)(1) of title 47, Code of Federal 
                Regulations, or a successor regulation, including to 
                account for the continuing operation of translator 
                stations and low power television stations. In 
                prescribing such model, the Commission shall rely on the 
                Individual Location Longley-Rice model set forth by the 
                Commission in CS Docket No. 98-201, as previously 
                revised with respect to analog signals, and as 
                recommended by the Commission with respect to digital 
                signals in its Report to Congress in ET Docket No. 05-
                182, FCC 05-199 (released December 9, 
                2005). <<NOTE: Procedures.>> The Commission shall 
                establish procedures for the continued refinement in the 
                application of the model by the use of additional data 
                as it becomes available.
                    ``(B) On-location testing.--The Commission shall 
                issue an order completing its rulemaking proceeding in 
                ET Docket No. 06-94 within 270 days after the date of 
                enactment of the Satellite Television Extension and 
                Localism Act of 2010. In conducting such rulemaking, the 
                Commission shall seek ways to minimize consumer burdens 
                associated with on-location testing.'';
                    (B) by amending paragraph (4)(A) to read as follows:
                    ``(A) In general.--If a subscriber's request for a 
                waiver under paragraph (2) is rejected and the 
                subscriber submits to the subscriber's satellite carrier 
                a request for a test verifying the subscriber's 
                inability to receive a signal of the signal intensity 
                referenced in clause (i) of subsection (a)(2)(D), the 
                satellite carrier and the network station or stations 
                asserting that the retransmission is prohibited with 
                respect to that subscriber shall select a qualified and 
                independent person to conduct the test referenced in 
                such clause. <<NOTE: Deadline.>>  Such test shall be 
                conducted within 30 days after the date the subscriber 
                submits a request for the test. If the written findings 
                and conclusions of a test conducted in accordance with 
                such clause demonstrate that the subscriber does not 
                receive a signal that meets or

[[Page 124 STAT. 1250]]

                exceeds the requisite signal intensity standard in such 
                clause, the subscriber shall not be denied the 
                retransmission of a signal of a network station under 
                section 119(d)(10)(A) of title 17, United States 
                Code.'';
                    (C) in paragraph (4)(B), by striking ``the signal 
                intensity'' and all that follows through ``United States 
                Code'' and inserting ``such requisite signal intensity 
                standard''; and
                    (D) in paragraph (4)(E), by striking ``Grade B 
                intensity''.

    (c) Section 340.--Section 340(i) <<NOTE: 47 USC 340.>>  is amended 
by striking paragraph (4).
SEC. 205. <<NOTE: 47 USC 338 note.>>  APPLICATION PENDING 
                        COMPLETION OF RULEMAKINGS.

    (a) In General. <<NOTE: Time period.>> --During the period beginning 
on the date of the enactment of this Act and ending on the date on which 
the Federal Communications Commission adopts rules pursuant to the 
amendments to the Communications Act of 1934 made by section 203 and 
section 204 of this title, the Federal Communications Commission shall 
follow its rules and regulations promulgated pursuant to sections 338, 
339, and 340 of the Communications Act of 1934 as in effect on the day 
before the date of the enactment of this Act.

    (b) Translator Stations and Low Power Television 
Stations. <<NOTE: Applicability.>> --Notwithstanding subsection (a), for 
purposes of determining whether a subscriber within the local market 
served by a translator station or a low power television station 
affiliated with a television network is eligible to receive distant 
signals under section 339 of the Communications Act of 1934, the rules 
and regulations of the Federal Communications Commission for determining 
such subscriber's eligibility as in effect on the day before the date of 
the enactment of this Act shall apply until the date on which the 
translator station or low power television station is licensed to 
broadcast a digital signal.

    (c) Definitions.--As used in this subtitle:
            (1) Local market; low power television station; satellite 
        carrier; subscriber; television broadcast station.--The terms 
        ``local market'', ``low power television station'', ``satellite 
        carrier'', ``subscriber'', and ``television broadcast station'' 
        have the meanings given such terms in section 338(k) of the 
        Communications Act of 1934.
            (2) Network station; television network.--The terms 
        ``network station'' and ``television network'' have the meanings 
        given such terms in section 339(d) of such Act.
SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.

    Part I of title III is amended by adding at the end the following 
new section:
``SEC. 342. <<NOTE: 47 USC 342.>>  PROCESS FOR ISSUING QUALIFIED 
                        CARRIER CERTIFICATION.

    ``(a) Certification.--The Commission shall issue a certification for 
the purposes of section 119(g)(3)(A)(iii) of title 17, United States 
Code, if the Commission determines that--
            ``(1) a satellite carrier is providing local service 
        pursuant to the statutory license under section 122 of such 
        title in each designated market area; and

[[Page 124 STAT. 1251]]

            ``(2) with respect to each designated market area in which 
        such satellite carrier was not providing such local service as 
        of the date of enactment of the Satellite Television Extension 
        and Localism Act of 2010--
                    ``(A) the satellite carrier's satellite beams are 
                designed, and predicted by the satellite manufacturer's 
                pre-launch test data, to provide a good quality 
                satellite signal to at least 90 percent of the 
                households in each such designated market area based on 
                the most recent census data released by the United 
                States Census Bureau; and
                    ``(B) there is no material evidence that there has 
                been a satellite or sub-system failure subsequent to the 
                satellite's launch that precludes the ability of the 
                satellite carrier to satisfy the requirements of 
                subparagraph (A).

    ``(b) Information Required. <<NOTE: Submission.>> --Any entity 
seeking the certification provided for in subsection (a) shall submit to 
the Commission the following information:
            ``(1) An affidavit stating that, to the best of the 
        affiant's knowledge, the satellite carrier provides local 
        service in all designated market areas pursuant to the statutory 
        license provided for in section 122 of title 17, United States 
        Code, and listing those designated market areas in which local 
        service was provided as of the date of enactment of the 
        Satellite Television Extension and Localism Act of 2010.
            ``(2) For each designated market area not listed in 
        paragraph (1):
                    ``(A) Identification of each such designated market 
                area and the location of its local receive facility.
                    ``(B) Data showing the number of households, and 
                maps showing the geographic distribution thereof, in 
                each such designated market area based on the most 
                recent census data released by the United States Census 
                Bureau.
                    ``(C) Maps, with superimposed effective 
                isotropically radiated power predictions obtained in the 
                satellite manufacturer's pre-launch tests, showing that 
                the contours of the carrier's satellite beams as 
                designed and the geographic area that the carrier's 
                satellite beams are designed to cover are predicted to 
                provide a good quality satellite signal to at least 90 
                percent of the households in such designated market area 
                based on the most recent census data released by the 
                United States Census Bureau.
                    ``(D) For any satellite relied upon for 
                certification under this section, an affidavit stating 
                that, to the best of the affiant's knowledge, there have 
                been no satellite or sub-system failures subsequent to 
                the satellite's launch that would degrade the design 
                performance to such a degree that a satellite 
                transponder used to provide local service to any such 
                designated market area is precluded from delivering a 
                good quality satellite signal to at least 90 percent of 
                the households in such designated market area based on 
                the most recent census data released by the United 
                States Census Bureau.
                    ``(E) Any additional engineering, designated market 
                area, or other information the Commission considers 
                necessary to determine whether the Commission shall 
                grant a certification under this section.

    ``(c) Certification Issuance.--

[[Page 124 STAT. 1252]]

            ``(1) Public comment. <<NOTE: Deadline.>> --The Commission 
        shall provide 30 days for public comment on a request for 
        certification under this section.
            ``(2) Deadline for decision.--The Commission shall grant or 
        deny a request for certification within 90 days after the date 
        on which such request is filed.

    ``(d) Subsequent Affirmation. <<NOTE: Affidavit. Deadline.>> --An 
entity granted qualified carrier status pursuant to section 119(g) of 
title 17, United States Code, shall file an affidavit with the 
Commission 30 months after such status was granted stating that, to the 
best of the affiant's knowledge, it is in compliance with the 
requirements for a qualified carrier.

    ``(e) Definitions.--For the purposes of this section:
            ``(1) Designated market area.--The term `designated market 
        area' has the meaning given such term in section 122(j)(2)(C) of 
        title 17, United States Code.
            ``(2) Good quality satellite signal.--
                    ``(A) In general.--The term ``good quality satellite 
                signal'' means--
                          ``(i) a satellite signal whose power level as 
                      designed shall achieve reception and demodulation 
                      of the signal at an availability level of at least 
                      99.7 percent using--
                                    ``(I) models of satellite antennas 
                                normally used by the satellite carrier's 
                                subscribers; and
                                    ``(II) the same calculation 
                                methodology used by the satellite 
                                carrier to determine predicted signal 
                                availability in the top 100 designated 
                                market areas; and
                          ``(ii) taking into account whether a signal is 
                      in standard definition format or high definition 
                      format, compression methodology, modulation, error 
                      correction, power level, and utilization of 
                      advances in technology that do not circumvent the 
                      intent of this section to provide for non-
                      discriminatory treatment with respect to any 
                      comparable television broadcast station signal, a 
                      video signal transmitted by a satellite carrier 
                      such that--
                                    ``(I) the satellite carrier treats 
                                all television broadcast stations' 
                                signals the same with respect to 
                                statistical multiplexer prioritization; 
                                and
                                    ``(II) the number of video signals 
                                in the relevant satellite transponder is 
                                not more than the then current greatest 
                                number of video signals carried on any 
                                equivalent transponder serving the top 
                                100 designated market areas.
                    ``(B) Determination. <<NOTE: Publication.>> --For 
                the purposes of subparagraph (A), the top 100 designated 
                market areas shall be as determined by Nielsen Media 
                Research and published in the Nielsen Station Index 
                Directory and Nielsen Station Index United States 
                Television Household Estimates or any successor 
                publication as of the date of a satellite carrier's 
                application for certification under this section.''.

[[Page 124 STAT. 1253]]

SEC. 207. <<NOTE: 47 USC 338.>>  NONDISCRIMINATION IN CARRIAGE OF 
                        HIGH DEFINITION DIGITAL SIGNALS OF 
                        NONCOMMERCIAL EDUCATIONAL TELEVISION 
                        STATIONS.

    (a) In General.--Section 338(a) is amended by adding at the end the 
following new paragraph:
            ``(5) Nondiscrimination in carriage of high definition 
        signals of noncommercial educational television stations.--
                    ``(A) <<NOTE: Deadlines.>>  Existing carriage of 
                high definition signals.--If, before the date of 
                enactment of the Satellite Television Extension and 
                Localism Act of 2010, an eligible satellite carrier is 
                providing, under section 122 of title 17, United States 
                Code, any secondary transmissions in high definition 
                format to subscribers located within the local market of 
                a television broadcast station of a primary transmission 
                made by that station, then such satellite carrier shall 
                carry the signals in high-definition format of qualified 
                noncommercial educational television stations located 
                within that local market in accordance with the 
                following schedule:
                          ``(i) By December 31, 2010, in at least 50 
                      percent of the markets in which such satellite 
                      carrier provides such secondary transmissions in 
                      high definition format.
                          ``(ii) By December 31, 2011, in every market 
                      in which such satellite carrier provides such 
                      secondary transmissions in high definition format.
                    ``(B) New initiation of service.--If, on or after 
                the date of enactment of the Satellite Television 
                Extension and Localism Act of 2010, an eligible 
                satellite carrier initiates the provision, under section 
                122 of title 17, United States Code, of any secondary 
                transmissions in high definition format to subscribers 
                located within the local market of a television 
                broadcast station of a primary transmission made by that 
                station, then such satellite carrier shall carry the 
                signals in high-definition format of all qualified 
                noncommercial educational television stations located 
                within that local market.''.

    (b) Definitions.--Section 338(k) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Eligible satellite carrier.--The term `eligible 
        satellite carrier' means any satellite carrier that is not a 
        party to a carriage contract that--
                    ``(A) governs carriage of at least 30 qualified 
                noncommercial educational television stations; and
                    ``(B) <<NOTE: Deadline.>>  is in force and effect 
                within 150 days after the date of enactment of the 
                Satellite Television Extension and Localism Act of 
                2010.'';
            (3) by redesignating paragraphs (6) through (9) (as 
        previously redesignated) as paragraphs (7) through (10), 
        respectively; and
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following new paragraph:

[[Page 124 STAT. 1254]]

            ``(6) Qualified noncommercial educational television 
        station.--The term `qualified noncommercial educational 
        television station' means any full-power television broadcast 
        station that--
                    ``(A) under the rules and regulations of the 
                Commission in effect on March 29, 1990, is licensed by 
                the Commission as a noncommercial educational broadcast 
                station and is owned and operated by a public agency, 
                nonprofit foundation, nonprofit corporation, or 
                nonprofit association; and
                    ``(B) has as its licensee an entity that is eligible 
                to receive a community service grant, or any successor 
                grant thereto, from the Corporation for Public 
                Broadcasting, or any successor organization thereto, on 
                the basis of the formula set forth in section 
                396(k)(6)(B) of this title.''.
SEC. 208. <<NOTE: 47 USC 325 note.>>  SAVINGS CLAUSE REGARDING 
                        DEFINITIONS.

    Nothing in this title or the amendments made by this title shall be 
construed to affect--
            (1) the meaning of the terms ``program related'' and 
        ``primary video'' under the Communications Act of 1934; or
            (2) the meaning of the term ``multicast'' in any regulations 
        issued by the Federal Communications Commission.
SEC. 209. <<NOTE: 47 USC 335.>>  STATE PUBLIC AFFAIRS BROADCASTS.

    Section 335(b) is amended--
            (1) by inserting ``state public affairs,'' after 
        ``educational,'' in the heading;
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Channel capacity required.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Commission shall require, as a 
                condition of any provision, initial authorization, or 
                authorization renewal for a provider of direct broadcast 
                satellite service providing video programming, that the 
                provider of such service reserve a portion of its 
                channel capacity, equal to not less than 4 percent nor 
                more than 7 percent, exclusively for noncommercial 
                programming of an educational or informational nature.
                    ``(B) Requirement for qualified satellite 
                provider.--The Commission shall require, as a condition 
                of any provision, initial authorization, or 
                authorization renewal for a qualified satellite provider 
                of direct broadcast satellite service providing video 
                programming, that such provider reserve a portion of its 
                channel capacity, equal to not less than 3.5 percent nor 
                more than 7 percent, exclusively for noncommercial 
                programming of an educational or informational 
                nature.'';
            (3) in paragraph (5), by striking ``For purposes of the 
        subsection--'' and inserting ``For purposes of this 
        subsection:''; and
            (4) by adding at the end of paragraph (5) the following:
                    ``(C) <<NOTE: Definition.>>  The term `qualified 
                satellite provider' means any provider of direct 
                broadcast satellite service that--
                          ``(i) provides the retransmission of the State 
                      public affairs networks of at least 15 different 
                      States;
                          ``(ii) offers the programming of State public 
                      affairs networks upon reasonable prices, terms, 
                      and conditions as determined by the Commission 
                      under paragraph (4); and

[[Page 124 STAT. 1255]]

                          ``(iii) does not delete any noncommercial 
                      programming of an educational or informational 
                      nature in connection with the carriage of a State 
                      public affairs network.
                    ``(D) <<NOTE: Definition.>>  The term `State public 
                affairs network' means a non-commercial non-broadcast 
                network or a noncommercial educational television 
                station--
                          ``(i) whose programming consists of 
                      information about State government deliberations 
                      and public policy events; and
                          ``(ii) that is operated by--
                                    ``(I) a State government or 
                                subdivision thereof;
                                    ``(II) an organization described in 
                                section 501(c)(3) of the Internal 
                                Revenue Code of 1986 that is exempt from 
                                taxation under section 501(a) of such 
                                Code and that is governed by an 
                                independent board of directors; or
                                    ``(III) a cable system.''.

                TITLE III--REPORTS AND SAVINGS PROVISION

SEC. 301. <<NOTE: 47 USC 338 note.>>  DEFINITION.

    In this title, the term ``appropriate Congressional committees'' 
means the Committees on the Judiciary and on Commerce, Science, and 
Transportation of the Senate and the Committees on the Judiciary and on 
Energy and Commerce of the House of Representatives.
SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY 
                        LICENSING.

    Not later than 18 months after the date of the enactment of this 
Act, and after consultation with the Federal Communications Commission, 
the Register of Copyrights shall submit to the appropriate Congressional 
committees a report containing--
            (1) proposed mechanisms, methods, and recommendations on how 
        to implement a phase-out of the statutory licensing requirements 
        set forth in sections 111, 119, and 122 of title 17, United 
        States Code, by making such sections inapplicable to the 
        secondary transmission of a performance or display of a work 
        embodied in a primary transmission of a broadcast station that 
        is authorized to license the same secondary transmission 
        directly with respect to all of the performances and displays 
        embodied in such primary transmission;
            (2) any recommendations for alternative means to implement a 
        timely and effective phase-out of the statutory licensing 
        requirements set forth in sections 111, 119, and 122 of title 
        17, United States Code; and
            (3) any recommendations for legislative or administrative 
        actions as may be appropriate to achieve such a phase-out.
SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY 
                        LICENSING MODIFICATIONS.

    (a) Study.--The Comptroller General shall conduct a study that 
analyzes and evaluates the changes to the carriage requirements 
currently imposed on multichannel video programming

[[Page 124 STAT. 1256]]

distributors under the Communications Act of 1934 (47 U.S.C. 151 et 
seq.) and the regulations promulgated by the Federal Communications 
Commission that would be required or beneficial to consumers, and such 
other matters as the Comptroller General deems appropriate, if Congress 
implemented a phase-out of the current statutory licensing requirements 
set forth under sections 111, 119, and 122 of title 17, United States 
Code. Among other things, the study shall consider the impact such a 
phase-out and related changes to carriage requirements would have on 
consumer prices and access to programming.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall report to the 
appropriate Congressional committees the results of the study, including 
any recommendations for legislative or administrative actions.
SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING.

    Not later than 18 months after the date of the enactment of this 
Act, the Federal Communications Commission shall submit to the 
appropriate Congressional committees a report containing an analysis 
of--
            (1) the number of households in a State that receive the 
        signals of local broadcast stations assigned to a community of 
        license that is located in a different State;
            (2) the extent to which consumers in each local market have 
        access to in-state broadcast programming over the air or from a 
        multichannel video programming distributor; and
            (3) whether there are alternatives to the use of designated 
        market areas, as defined in section 122 of title 17, United 
        States Code, to define local markets that would provide more 
        consumers with in-state broadcast programming.
SEC. 305. <<NOTE: 47 USC 338 note.>>  LOCAL NETWORK CHANNEL 
                        BROADCAST REPORTS.

    (a) Requirement.--
            (1) In general.--On the 270th day after the date of the 
        enactment of this Act, and on each succeeding anniversary of 
        such 270th day, each satellite carrier shall submit an annual 
        report to the Federal Communications Commission setting forth--
                    (A) each local market in which it--
                          (i) retransmits signals of 1 or more 
                      television broadcast stations with a community of 
                      license in that market;
                          (ii) has commenced providing such signals in 
                      the preceding 1-year period; and
                          (iii) has ceased to provide such signals in 
                      the preceding 1-year period; and
                    (B) detailed information regarding the use and 
                potential use of satellite capacity for the 
                retransmission of local signals in each local market.
            (2) Termination.--The requirement under paragraph (1) shall 
        cease after each satellite carrier has submitted 5 reports under 
        such paragraph.

    (b) FCC Study; Report.--
            (1) Study.--If no satellite carrier files a request for a 
        certification under section 342 of the Communications Act of 
        1934 (as added by section 206 of this title) within 270 days

[[Page 124 STAT. 1257]]

        after the date of the enactment of this Act, the Federal 
        Communications Commission shall initiate a study of--
                    (A) incentives that would induce a satellite carrier 
                to provide the signals of 1 or more television broadcast 
                stations licensed to provide signals in local markets in 
                which the satellite carrier does not provide such 
                signals; and
                    (B) the economic and satellite capacity conditions 
                affecting delivery of local signals by satellite 
                carriers to these markets.
            (2) Report.--Within 1 year after the date of the initiation 
        of the study under paragraph (1), the Federal Communications 
        Commission shall submit a report to the appropriate 
        Congressional committees containing its findings, conclusions, 
        and recommendations.

    (c) Definitions.--In this section--
            (1) the terms ``local market'' and ``satellite carrier'' 
        have the meaning given such terms in section 339(d) of the 
        Communications Act of 1934 (47 U.S.C. 339(d)); and
            (2) the term ``television broadcast station'' has the 
        meaning given such term in section 325(b)(7) of such Act (47 
        U.S.C. 325(b)(7)).
SEC. 306. <<NOTE: 17 USC 111 note.>>  SAVINGS PROVISION REGARDING 
                        USE OF NEGOTIATED LICENSES.

    (a) In General.--Nothing in this Act, title 17, United States Code, 
the Communications Act of 1934, regulations promulgated by the Register 
of Copyrights under this title or title 17, United States Code, or 
regulations promulgated by the Federal Communications Commission under 
this Act or the Communications Act of 1934 shall be construed to prevent 
a multichannel video programming distributor from retransmitting a 
performance or display of a work pursuant to an authorization granted by 
the copyright owner or, if within the scope of its authorization, its 
licensee.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
affect any obligation of a multichannel video programming distributor 
under section 325(b) of the Communications Act of 1934 to obtain the 
authority of a television broadcast station before retransmitting that 
station's signal.
SEC. 307. <<NOTE: 17 USC 111 note.>>  EFFECTIVE DATE; 
                        NONINFRINGEMENT OF COPYRIGHT.

    (a) Effective Date.--Unless specifically provided otherwise, this 
Act, and the amendments made by this Act, shall take effect on February 
27, 2010, and with the exception of the reference in subsection (b), all 
references to the date of enactment of this Act shall be deemed to refer 
to February 27, 2010, unless otherwise specified.
    (b) Noninfringement of Copyright.--The secondary transmission of a 
performance or display of a work embodied in a primary transmission is 
not an infringement of copyright if it was made by a satellite carrier 
on or after February 27, 2010, and prior to enactment of this Act, and 
was in compliance with the law as in existence on February 27, 2010.

[[Page 124 STAT. 1258]]

                         TITLE IV--SEVERABILITY

SEC. 401. <<NOTE: 17 USC 111 note.>>  SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or circumstance 
is held to be unconstitutional, the remainder of this Act, the 
amendments made by this Act, and the application of such provision or 
amendment to any person or circumstance shall not be affected thereby.

               TITLE V--DETERMINATION OF BUDGETARY EFFECTS

SEC. 501. DETERMINATION OF BUDGETARY EFFECTS.

    (a) In General.--The budgetary effects of this Act, for the purpose 
of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be 
determined by reference to the latest statement titled ``Budgetary 
Effects of PAYGO Legislation'' for this Act, submitted for printing in 
the Congressional Record by the Chairman of the Senate Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved May 27, 2010.

LEGISLATIVE HISTORY--S. 3333:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            May 7, considered and passed Senate.
            May 12, considered and passed House.

                                  <all>