Page:United States Statutes at Large Volume 109 Part 1.djvu/353

This page needs to be proofread.


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 99-194 0-95 -12:QL3Partl