PUBLIC LAW 104-39—NOV. 1, 1995
109 STAT. 337
"(i) the radio station's broadcast transmission is
not willfully or repeatedly retransmitted more than
a radius of 150 miles from the site of the radio broadcast transmitter, however—
"(I) the 150 mile limitation under this clause
shall not apply when a nonsubscription broadcast
transmission by a radio station licensed by the
Federal Communications Commission is retransmitted on a nonsubscription basis by a terrestrial
broadcast station, terrestrial translator, or terrestrial repeater licensed by the Federal Communications Commission; and
"(11) in the case of a subscription retransmission of a nonsubscription broadcast retransmission covered by subclause (I), the 150 mile
radius shall be measured from the transmitter
site of such broadcast retransmitter;
"(ii) the retransmission is of radio station broadcast
transmissions that are—
"(I) obtained by the retransmitter over the
air;
"(II) not electronically processed by the retransmitter to deliver separate and discrete signals; and
"(III) retransmitted only within the local
communities served by the retransmitter;
"(iii) the radio station's broadcast transmission was
being retransmitted to cable systems (as defined in
section 111(f)) by a satellite carrier on January 1,
1995, and that retransmission was being retransmitted
by cable systems as a separate and discrete signal,
and the satellite carrier obtains the radio station's
broadcast transmission in an analog format: Provided,
That the broadcast transmission being retransmitted
may embody the programming of no more than one
radio station; or
"(iv) the radio station's broadcast transmission is
made by a noncommercial educational broadcast station funded on or after January 1, 1995, under section
396(k) of the Communications Act of 1934 (47 U.S.C.
396(k)), consists solely of noncommercial educational
and cultural radio programs, and the retransmission,
whether or not simultaneous, is a nonsubscription
terrestrial broadcast retransmission; or
"(C) a transmission that comes within any of the following categories—
"(i) a prior or simultaneous transmission incidental
to an exempt transmission, such as a feed received
by and then retransmitted by an exempt transmitter:
Provided, That such incidental transmissions do not
include any subscription transmission directly for
reception by members of the public;
"(ii) a transmission within a business establishment, confined to its premises or the immediately
surrounding vicinity;
"(iii) a retransmission by any retransmitter, including a multichannel video programming distributor as
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