118 STAT. 3406 PUBLIC LAW 108–447—DEC. 8, 2004 market’ means the designated market area in which the station is located. ‘‘(12) LOW POWER TELEVISION STATION.—The term ‘low power television station’ means a low power television as defined under section 74.701(f) of title 47, 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. ‘‘(13) COMMERCIAL ESTABLISHMENT.—The term ‘commercial establishment’— ‘‘(A) means an establishment used for commercial pur poses, such as a bar, restaurant, private office, fitness club, oil rig, retail store, bank or other financial institution, supermarket, automobile or boat dealership, or any other establishment with a common business area; and ‘‘(B) does not include a multi unit permanent or tem porary dwelling where private home viewing occurs, such as a hotel, dormitory, hospital, apartment, condominium, or prison.’’. SEC. 106. EFFECT ON CERTAIN PROCEEDINGS. Nothing in this title shall modify any remedy imposed on a party that is required by the judgment of a court in any action that was brought before May 1, 2004, against that party for a violation of section 119 of title 17, United States Code. SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RE TRANSMITTING SUPERSTATION SIGNALS TO COMMER CIAL ESTABLISHMENTS. (a) IN GENERAL.—Section 119 of title 17, United States Code, is amended— (1) in subsection (a)(1)— (A) by inserting ‘‘or for viewing in a commercial establishment’’ after ‘‘for private home viewing’’ each place it appears; and (B) by striking ‘‘household’’ and inserting ‘‘subscriber’’; (2) in subsection (b), by striking ‘‘for private home viewing’’ each place it appears; (3) in subsection (d)(1)— (A) by striking ‘‘for private home viewing’’; and (B) by inserting ‘‘in accordance with the provisions of this section’’ before the period; (4) in subsection (d)(6), by inserting ‘‘pursuant to this sec tion’’ before the period; and (5) in subsection (d)(8)— (A) by striking ‘‘who’’ and inserting ‘‘or entity that’’; (B) by striking ‘‘for private home viewing’’; and (C) by inserting ‘‘in accordance with the provisions of this section’’ before the period. (b) CONFORMING AMENDMENTS.—Subsections (a)(4) and (d)(1)(A) of section 111 of title 17, United States Code, are each amended by striking ‘‘for private home viewing’’. 17 USC 119 note.
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