Page:United States Statutes at Large Volume 124.djvu/1261

This page needs to be proofread.

124 STAT. 1235 PUBLIC LAW 111–175—MAY 27, 2010 they are received and shall be distributed as specified under this subsection.’’. (d) EFFECTIVE DATE OF NEW ROYALTY FEE RATES.—The royalty fee rates established in section 111(d)(1)(B) of title 17, United States Code, as amended by subsection (c)(1)(C) of this section, shall take effect commencing with the first accounting period occur- ring in 2010. (e) DEFINITIONS.—Section 111(f) is amended— (1) by striking the first undesignated paragraph and inserting the following: ‘‘(1) PRIMARY TRANSMISSION.—A ‘primary transmission’ is a transmission made to the public by a transmitting facility whose signals are being received and further transmitted by a secondary transmission service, regardless of where or when the performance or display was first transmitted. In the case of a television broadcast station, the primary stream and any multicast streams transmitted by the station constitute primary transmissions.’’; (2) in the second undesignated paragraph— (A) by striking ‘‘A ‘secondary transmission’ ’’ and inserting the following: ‘‘(2) SECONDARY TRANSMISSION.—A ‘secondary trans- mission’ ’’; and (B) by striking ‘‘ ‘cable system’ ’’ and inserting ‘‘cable system’’; (3) in the third undesignated paragraph— (A) by striking ‘‘A ‘cable system’ ’’ and inserting the following: ‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; and (B) by striking ‘‘Territory, Trust Territory, or Posses- sion’’ and inserting ‘‘territory, trust territory, or possession of the United States’’; (4) in the fourth undesignated paragraph, in the first sen- tence— (A) by striking ‘‘The ‘local service area of a primary transmitter’, in the case of a television broadcast station, comprises the area in which such station is entitled to insist’’ and inserting the following: ‘‘(4) LOCAL SERVICE AREA OF A PRIMARY TRANSMITTER.— The ‘local service area of a primary transmitter’, in the case of both the primary stream and any multicast streams trans- mitted by a primary transmitter that is a television broadcast station, comprises the area where such primary transmitter could have insisted’’; (B) by striking ‘‘76.59 of title 47 of the Code of Federal Regulations’’ and inserting the following: ‘‘76.59 of title 47, Code of Federal Regulations, or within the noise-limited contour as defined in 73.622(e)(1) of title 47, Code of Fed- eral Regulations’’; and (C) by striking ‘‘as defined by the rules and regulations of the Federal Communications Commission,’’; (5) by amending the fifth undesignated paragraph to read as follows: ‘‘(5) DISTANT SIGNAL EQUIVALENT.— ‘‘(A) IN GENERAL.—Except as provided under subpara- graph (B), a ‘distant signal equivalent’— 17 USC 111. 17 USC 111 note.