118 STAT. 3407 PUBLIC LAW 108–447—DEC. 8, 2004 SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS. Section 119 of title 17, United States Code, is amended by adding at the end the following: ‘‘(f) EXPEDITED CONSIDERATION BY JUSTICE DEPARTMENT OF VOLUNTARY AGREEMENTS TO PROVIDE SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.— ‘‘(1) IN GENERAL.—In a case in which no satellite carrier makes available, to subscribers located in a local market, as defined in section 122(j)(2), the secondary transmission into that market of a primary transmission of one or more television broadcast stations licensed by the Federal Communications Commission, and two or more satellite carriers request a busi ness review letter in accordance with section 50.6 of title 28, Code of Federal Regulations (as in effect on July 7, 2004), in order to assess the legality under the antitrust laws of proposed business conduct to make or carry out an agreement to provide such secondary transmission into such local market, the appropriate official of the Department of Justice shall respond to the request no later than 90 days after the date on which the request is received. ‘‘(2) DEFINITION.—For purposes of this subsection, the term ‘antitrust laws’— ‘‘(A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and ‘‘(B) includes any State law similar to the laws referred to in paragraph (1).’’. SEC. 109. STUDY. No later than June 30, 2008, the Register of Copyrights shall report to the Committee on the Judiciary of the House of Represent atives and the Committee on the Judiciary of the Senate the Reg ister’s findings and recommendations on the operation and revision of the statutory licenses under sections 111, 119, and 122 of title 17, United States Code. The report shall include, but not be limited to, the following: (1) A comparison of the royalties paid by licensees under such sections, including historical rates of increases in these royalties, a comparison between the royalties under each such section and the prices paid in the marketplace for comparable programming. (2) An analysis of the differences in the terms and condi tions of the licenses under such sections, an analysis of whether these differences are required or justified by historical, techno logical, or regulatory differences that affect the satellite and cable industries, and an analysis of whether the cable or sat ellite industry is placed in a competitive disadvantage due to these terms and conditions. (3) An analysis of whether the licenses under such sections are still justified by the bases upon which they were originally created. (4) An analysis of the correlation, if any, between the royalties, or lack thereof, under such sections and the fees Deadline. Reports. Deadline.
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