Page:United States Statutes at Large Volume 113 Part 2.djvu/1045

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PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-527 (b) INFRINGEMENT OF COPYRIGHT.— Section 501 of title 17, United States Code, is amended by adding at the end the following new subsection: "(f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station. "(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station's rights under section 338(a) of the Communications Act of 1934.". (c) TECHNICAL AND CONFORMING AMENDMENTS.—The table of sections for chapter 1 of title 17, United States Code, is amended by adding after the item relating to section 121 the following: "122. Limitations on exclusive rights; secondary transmissions by satellite carriers within local market.". SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF TITLE 17, UNITED STATES CODE. Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is amended by striking "December 31, 1999" and inserting "December 31, 2004". SEC. 1004. COMPUTATION OF ROYALTY FEES FOR SATELLITE CAR- RIERS. Section 119(c) of title 17, United States Code, is amended by adding at the end the following new paragraph: "(4) REDUCTION.— "(A) SUPERSTATION. — The rate oi' the royalty fee in effect on January 1, 1998, payable in each case under subsection (b)(l)(B)(i) shall be reduced by 30 percent. "(B) NETWORK AND PUBLIC BROADCASTING SATELLITE FEED. — The rate of the royalty fee in effect on January 1, 1998, payable under subsection (b)(l)(B)(ii) shall be reduced by 45 percent. "(5) PUBLIC BROADCASTING SERVICE ^VS AGENT. —For purposes of section 802, with respect to royalty fees paid by satellite carriers for retransmitting the Public Broadcasting Service satellite feed, the Public Broadcasting Service shall be the agent for all public television copyright claimants and all Public Broadcasting Service member stations.". SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS. (a) UNSERVED HOUSEHOLD.— (1) IN GENERAL. —Section 119(d) of title 17, United States Code, is amended by striking paragraph (10) and inserting the following: "(10) UNSERVED HOUSEHOLD.— The te^rm 'unserved household', with respect to a particular television network, means a household that— "(A) cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving iintenna, an over-theair signal of a primary network station affiliated with