Public Law 106-113/Division B/Appendix I/Title I

TITLE I — SATELLITE HOME VIEWER IMPROVEMENT

Sec. 1001. Short Title.

This title may be cited as the ``Satellite Home Viewer Improvement Act of 1999´´.

Sec. 1002. Limitations on Exclusive Rights; Secondary Transmissions by Satellite Carriers Within Local Markets.

(a) IN GENERAL.—

Chapter 1 of title 17, United States Code, is amended by adding after section 121 the following new section:

``Sec. 122. Limitations on Exclusive Rights; Secondary Transmissions by Satellite Carriers Within Local Markets

``(a) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST STATIONS BY SATELLITE CARRIERS.— A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing under this section if—

``(1) the secondary transmission is made by a satellite carrier to the public;

``(2) with regard to secondary transmissions, the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals; and

``(3) the satellite carrier makes a direct or indirect charge for the secondary transmission to—

``(A) each subscriber receiving the secondary transmission; or

``(B) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary transmission to the public.

``(b) REPORTING REQUIREMENTS.—

``(1) INITIAL LISTS.— A satellite carrier that makes secondary transmissions of a primary transmission made by a network station under subsection (a) shall, within 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name in alphabetical order and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission under subsection (a).

``(2) SUBSEQUENT LISTS.— After the list is submitted under paragraph (1), the satellite carrier shall, on the 15th of each month, submit to the network a list identifying (by name in alphabetical order and street address, including county and zip code) any subscribers who have been added or dropped as subscribers since the last submission under this subsection.

``(3) USE OF SUBSCRIBER INFORMATION.— Subscriber information submitted by a satellite carrier under this subsection may be used only for the purposes of monitoring compliance by the satellite carrier with this section.

``(4) REQUIREMENTS OF NETWORKS.— The submission requirements of this subsection shall apply to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register of Copyrights shall maintain for public inspection a file of all such documents.

``(c) NO ROYALTY FEE REQUIRED.— A satellite carrier whose secondary transmissions are subject to statutory licensing under subsection (a) shall have no royalty obligation for such secondary transmissions.

``(d) NONCOMPLIANCE WITH REPORTING AND REGULATORY REQUIREMENTS.— Notwithstanding subsection (a), the willful or repeated secondary transmission to the public by a satellite carrier into the local market of a television broadcast station of a primary transmission embodying a performance or display of a work made by that television broadcast station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided under sections 502 through 506 and 509, if the satellite carrier has not complied with the reporting requirements of subsection (b) or with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast signals.

``(e) WILLFUL ALTERATIONS.— Notwithstanding subsection (a), the secondary transmission to the public by a satellite carrier into the local market of a television broadcast station of a performance or display of a work embodied in a primary transmission made by that television broadcast station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and sections 509 and 510, if the content of the particular program in which the performance or display is embodied, or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal.

``(f) VIOLATION OF TERRITORIAL RESTRICTIONS ON STATUTORY LICENSE FOR TELEVISION BROADCAST STATIONS.—

``(1) INDIVIDUAL VIOLATIONS.— The willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a television broadcast station to a subscriber who does not reside in that station's local market, and is not subject to statutory licensing under section 119 or a private licensing agreement, is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506 and 509, except that—

``(A) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber; and

``(B) any statutory damages shall not exceed $5 for such subscriber for each month during which the violation occurred.

``(2) PATTERN OF VIOLATIONS.— If a satellite carrier engages in a willful or repeated pattern or practice of secondarily transmitting to the public a primary transmission embodying a performance or display of a work made by a television broadcast station to subscribers who do not reside in that station's local market, and are not subject to statutory licensing under section 119 or a private licensing agreement, then in addition to the remedies under paragraph (1)—

``(A) if the pattern or practice has been carried out on a substantially nationwide basis, the court—

``(i) shall order a permanent injunction barring the secondary transmission by the satellite carrier of the primary transmissions of that television broadcast station (and if such television broadcast station is a network station, all other television broadcast stations affiliated with such network); and

``(ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or practice was carried out; and

``(B) if the pattern or practice has been carried out on a local or regional basis with respect to more than one television broadcast station, the court—

``(i) shall order a permanent injunction barring the secondary transmission in that locality or region by the satellite carrier of the primary transmissions of any television broadcast station; and

``(ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or practice was carried out.

``(g) BURDEN OF PROOF.— In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a television broadcast station is made only to subscribers located within that station's local market or subscribers being served in compliance with section 119 or a private licensing agreement.

``(h) GEOGRAPHIC LIMITATIONS ON SECONDARY TRANSMISSIONS.— The statutory license created by this section shall apply to secondary transmissions to locations in the United States.

``(i) EXCLUSIVITY WITH RESPECT TO SECONDARY TRANSMISSIONS OF BROADCAST STATIONS BY SATELLITE TO MEMBERS OF THE PUBLIC.— No provision of section 111 or any other law (other than this section and section 119) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carriers of programming contained in a primary transmission made by a television broadcast station may be made without obtaining the consent of the copyright owner.

``(j) DEFINITIONS.— In this section—

``(1) DISTRIBUTOR.— The term “distributor” means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.

``(2) LOCAL MARKET.—

``(A) IN GENERAL.— The term “local market”, in the case of both commercial and noncommercial television broadcast stations, means the designated market area in which a station is located, and—

``(i) in the case of a commercial television broadcast station, all commercial television broadcast stations licensed to a community within the same designated market area are within the same local market; and

``(ii) in the case of a noncommercial educational television broadcast station, the market includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station.

``(B) COUNTY OF LICENSE.— In addition to the area described in subparagraph (A), a station's local market includes the county in which the station's community of license is located.

``(C) DESIGNATED MARKET AREA.— For purposes of subparagraph (A), the term “designated market area” means a designated market area, as determined by Nielsen Media Research and published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication.

``(3) NETWORK STATION; SATELLITE CARRIER; SECONDARY TRANSMISSION.— The terms “network station”, “satellite carrier”, and “secondary transmission” have the meanings given such terms under section 119(d).

``(4) SUBSCRIBER.— The term “subscriber” means a person who receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.

``(5) TELEVISION BROADCAST STATION.— The term “television broadcast station”—

``(A) means an over-the-air, commercial or noncommercial television broadcast station licensed by the Federal Communications Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station; and

``(B) includes a television broadcast station licensed by an appropriate governmental authority of Canada or Mexico if the station broadcasts primarily in the English language and is a network station as defined in section 119(d)(2)(A).´´.

(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 Markets.´´.

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 Carriers.

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 of the royalty fee in effect on January 1, 1998, payable in each case under subsection (b)(1)(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)(1)(B)(ii) shall be reduced by 45 percent.

``(5) PUBLIC BROADCASTING SERVICE AS 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 term “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 antenna, an over-the-air signal of a primary network station affiliated with that network of Grade B intensity as defined by the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999;

``(B) is subject to a waiver granted under regulations established under section 339(c)(2) of the Communications Act of 1934;

``(C) is a subscriber to whom subsection (e) applies;

``(D) is a subscriber to whom subsection (a)(11) applies; or

``(E) is a subscriber to whom the exemption under subsection (a)(2)(B)(iii) applies.´´.

(2) CONFORMING AMENDMENT.—

Section 119(a)(2)(B) of title 17, United States Code, is amended to read as follows:

``(B) SECONDARY TRANSMISSIONS TO UNSERVED HOUSEHOLDS.—

``(i) IN GENERAL.— The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions of the signals of no more than two network stations in a single day for each television network to persons who reside in unserved households.

``(ii) ACCURATE DETERMINATIONS OF ELIGIBILITY.—

``(I) ACCURATE PREDICTIVE MODEL.— In determining presumptively whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Commission in Docket No. 98-201, as that model may be amended by the Commission over time under section 339(c)(3) of the Communications Act of 1934 to increase the accuracy of that model.

``(II) ACCURATE MEASUREMENTS.— For purposes of site measurements to determine whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on section 339(c)(4) of the Communications Act of 1934.

``(iii) C-BAND EXEMPTION TO UNSERVED HOUSEHOLDS.—

``(I) IN GENERAL.— The limitations of clause (i) shall not apply to any secondary transmissions by C-band services of network stations that a subscriber to C-band service received before any termination of such secondary transmissions before October 31, 1999.

``(II) DEFINITION.— In this clause the term “C-band service” means a service that is licensed by the Federal Communications Commission and operates in the Fixed Satellite Service under part 25 of title 47 of the Code of Federal Regulations.´´.

(b) EXCEPTION TO LIMITATION ON SECONDARY TRANSMISSIONS.—

Section 119(a)(5) of title 17, United States Code, is amended by adding at the end the following:

``(E) EXCEPTION.— The secondary transmission by a satellite carrier of a performance or display of a work embodied in a primary transmission made by a network station to subscribers who do not reside in unserved households shall not be an act of infringement if—

``(i) the station on May 1, 1991, was retransmitted by a satellite carrier and was not on that date owned or operated by or affiliated with a television network that offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States;

``(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of this section; and

``(iii) the station is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States.´´.

(c) MORATORIUM ON COPYRIGHT LIABILITY.—

Section 119(e) of title 17, United States Code, is amended to read as follows:

``(e) MORATORIUM ON COPYRIGHT LIABILITY.— Until December 31, 2004, a subscriber who does not receive a signal of Grade A intensity (as defined in the regulations of the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999, or predicted by the Federal Communications Commission using the Individual Location Longley-Rice methodology described by the Federal Communications Commission in Docket No. 98-201) of a local network television broadcast station shall remain eligible to receive signals of network stations affiliated with the same network, if that subscriber had satellite service of such network signal terminated after July 11, 1998, and before October 31, 1999, as required by this section, or received such service on October 31, 1999.´´.

(d) RECREATIONAL VEHICLE AND COMMERCIAL TRUCK EXEMPTION.—

Section 119(a) of title 17, United States Code, is amended by adding at the end the following:

``(11) SERVICE TO RECREATIONAL VEHICLES AND COMMERCIAL TRUCKS.—

``(A) EXEMPTION.—

``(i) IN GENERAL.— For purposes of this subsection, and subject to clauses (ii) and (iii), the term “unserved household” shall include—

``(I) recreational vehicles as defined in regulations of the Secretary of Housing and Urban Development under section 3282.8 of title 24 of the Code of Federal Regulations; and

``(II) commercial trucks that qualify as commercial motor vehicles under regulations of the Secretary of Transportation under section 383.5 of title 49 of the Code of Federal Regulations.

``(ii) LIMITATION.— Clause (i) shall apply only to a recreational vehicle or commercial truck if any satellite carrier that proposes to make a secondary transmission of a network station to the operator of such a recreational vehicle or commercial truck complies with the documentation requirements under subparagraphs (B) and (C).

``(iii) EXCLUSION.— For purposes of this subparagraph, the terms “recreational vehicle” and “commercial truck” shall not include any fixed dwelling, whether a mobile home or otherwise.

``(B) DOCUMENTATION REQUIREMENTS.— A recreational vehicle or commercial truck shall be deemed to be an unserved household beginning 10 days after the relevant satellite carrier provides to the network that owns or is affiliated with the network station that will be secondarily transmitted to the recreational vehicle or commercial truck the following documents:

``(i) DECLARATION.— A signed declaration by the operator of the recreational vehicle or commercial truck that the satellite dish is permanently attached to the recreational vehicle or commercial truck, and will not be used to receive satellite programming at any fixed dwelling.

``(ii) REGISTRATION.— In the case of a recreational vehicle, a copy of the current State vehicle registration for the recreational vehicle.

``(iii) REGISTRATION AND LICENSE.— In the case of a commercial truck, a copy of—

``(I) the current State vehicle registration for the truck; and

``(II) a copy of a valid, current commercial driver's license, as defined in regulations of the Secretary of Transportation under section 383 of title 49 of the Code of Federal Regulations, issued to the operator.

``(C) UPDATED DOCUMENTATION REQUIREMENTS.— If a satellite carrier wishes to continue to make secondary transmissions to a recreational vehicle or commercial truck for more than a 2-year period, that carrier shall provide each network, upon request, with updated documentation in the form described under subparagraph (B) during the 90 days before expiration of that 2-year period.´´.

(e) CONFORMING AMENDMENT.—

Section 119(d)(11) of title 17, United States Code, is amended to read as follows:

``(11) LOCAL MARKET.— The term “local market” has the meaning given such term under section 122(j).´´.

Sec. 1006. Public Broadcasting Service Satellite Feed.

(a) SECONDARY TRANSMISSIONS.—

Section 119(a)(1) of title 17, United States Code, is amended—

(1) by striking the paragraph heading and inserting “(1) SUPERSTATIONS AND PBS SATELLITE FEED.— ”;

(2) by inserting “or by the Public Broadcasting Service satellite feed” after “superstation”; and

(3) by adding at the end the following: ``In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002.´´.

(b) ROYALTY FEES.—

Section 119(b)(1)(B)(iii) of title 17, United States Code, is amended by inserting “or the Public Broadcasting Service satellite feed” after “network station”.

(c) DEFINITIONS.—

Section 119(d) of title 17, United States Code, is amended—

(1) by amending paragraph (9) to read as follows:

``(9) SUPERSTATION.— The term “superstation”—

``(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and

``(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed.´´; and

(2) by adding at the end the following:

``(12) PUBLIC BROADCASTING SERVICE SATELLITE FEED.— The term “Public Broadcasting Service satellite feed” means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.´´.

Sec. 1007. Application of Federal Communications Commission Regulations.

Section 119(a) of title 17, United States Code, is amended—

(1) in paragraph (1), by inserting “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”;

(2) in paragraph (2), by inserting “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”; and

(3) by adding at the end of such subsection (as amended by section 1005(e) of this Act) the following new paragraph:

``(12) STATUTORY LICENSE CONTINGENT ON COMPLIANCE WITH FCC RULES AND REMEDIAL STEPS.— Notwithstanding any other provision of this section, the willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a broadcast station licensed by the Federal Communications Commission is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, if, at the time of such transmission, the satellite carrier is not in compliance with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast station signals.´´.

Sec. 1008. Rules for Satellite Carriers Retransmitting Television Broadcast Signals.

(a) AMENDMENTS TO COMMUNICATIONS ACT OF 1934.—

Title III of the Communications Act of 1934 is amended by inserting after section 337 (47 U.S.C. 337) the following new sections:

``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.

``(a) CARRIAGE OBLIGATIONS.—

``(1) IN GENERAL.— Subject to the limitations of paragraph (2), each satellite carrier providing, under section 122 of title 17, United States Code, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b).

``(2) REMEDIES FOR FAILURE TO CARRY.— The remedies for any failure to meet the obligations under this subsection shall be available exclusively under section 501(f) of title 17, United States Code.

``(3) EFFECTIVE DATE.— No satellite carrier shall be required to carry local television broadcast stations under paragraph (1) until January 1, 2002.

``(b) GOOD SIGNAL REQUIRED.—

``(1) COSTS.— A television broadcast station asserting its right to carriage under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market.

``(2) REGULATIONS.— The regulations issued under subsection (g) shall set forth the obligations necessary to carry out this subsection.

``(c) DUPLICATION NOT REQUIRED.—

``(1) COMMERCIAL STATIONS.— Notwithstanding subsection (a), a satellite carrier shall not be required to carry upon request the signal of any local commercial television broadcast station that substantially duplicates the signal of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier within the same local market, or to carry upon request the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network unless such stations are licensed to communities in different States.

``(2) NONCOMMERCIAL STATIONS.— The Commission shall prescribe regulations limiting the carriage requirements under subsection (a) of satellite carriers with respect to the carriage of multiple local noncommercial television broadcast stations. To the extent possible, such regulations shall provide the same degree of carriage by satellite carriers of such multiple stations as is provided by cable systems under section 615.

``(d) CHANNEL POSITIONING.— No satellite carrier shall be required to provide the signal of a local television broadcast station to subscribers in that station's local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local television broadcast stations to subscribers in the stations' local market on contiguous channels and provide access to such station's signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu.

``(e) COMPENSATION FOR CARRIAGE.— A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the local receive facility of the satellite carrier.

``(f) REMEDIES.—

``(1) COMPLAINTS BY BROADCAST STATIONS.— Whenever a local television broadcast station believes that a satellite carrier has failed to meet its obligations under subsections (b) through (e) of this section, such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. A local television broadcast station that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by filing a complaint with the Commission. Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations.

``(2) OPPORTUNITY TO RESPOND.— The Commission shall afford the satellite carrier against which a complaint is filed under paragraph (1) an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section.

``(3) REMEDIAL ACTIONS; DISMISSAL.— Within 120 days after the date a complaint is filed under paragraph (1), the Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through (e). If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the complaint.

``(g) REGULATIONS BY COMMISSION.— Within 1 year after the date of the enactment of this section, the Commission shall issue regulations implementing this section following a rulemaking proceeding. The regulations prescribed under this section shall include requirements on satellite carriers that are comparable to the requirements on cable operators under sections 614(b)(3) and (4) and 615(g)(1) and (2).

``(h) DEFINITIONS.— As used in this section:

``(1) DISTRIBUTOR.— The term “distributor” means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.

``(2) LOCAL RECEIVE FACILITY.— The term “local receive facility” means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.

``(3) LOCAL MARKET.— The term “local market” has the meaning given that term under section 122(j) of title 17, United States Code.

``(4) SATELLITE CARRIER.— The term “satellite carrier” has the meaning given such term under section 119(d) of title 17, United States Code.

``(5) SECONDARY TRANSMISSION.— The term “secondary transmission” has the meaning given such term in section 119(d) of title 17, United States Code.

``(6) SUBSCRIBER.— The term “subscriber” has the meaning given that term under section 122(j) of title 17, United States Code.

``(7) TELEVISION BROADCAST STATION.— The term “television broadcast station” has the meaning given such term in section 325(b)(7).

``SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE CARRIERS.

``(a) PROVISIONS RELATING TO CARRIAGE OF DISTANT SIGNALS.—

``(1) CARRIAGE PERMITTED.—

``(A) IN GENERAL.— Subject to section 119 of title 17, United States Code, any satellite carrier shall be permitted to provide the signals of no more than two network stations in a single day for each television network to any household not located within the local markets of those network stations.

``(B) ADDITIONAL SERVICE.— In addition to signals provided under subparagraph (A), any satellite carrier may also provide service under the statutory license of section 122 of title 17, United States Code, to the local market within which such household is located. The service provided under section 122 of such title may be in addition to the two signals provided under section 119 of such title.

``(2) PENALTY FOR VIOLATION.— Any satellite carrier that knowingly and willfully provides the signals of television stations to subscribers in violation of this subsection shall be liable for a forfeiture penalty under section 503 in the amount of $50,000 for each violation or each day of a continuing violation.

``(b) EXTENSION OF NETWORK NONDUPLICATION, SYNDICATED EXCLUSIVITY, AND SPORTS BLACKOUT TO SATELLITE RETRANSMISSION.—

``(1) EXTENSION OF PROTECTIONS.— Within 45 days after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall commence a single rulemaking proceeding to establish regulations that—

``(A) apply network nonduplication protection (47 CFR 76.92) syndicated exclusivity protection (47 CFR 76.151), and sports blackout protection (47 CFR 76.67) to the retransmission of the signals of nationally distributed superstations by satellite carriers to subscribers; and

``(B) to the extent technically feasible and not economically prohibitive, apply sports blackout protection (47 CFR 76.67) to the retransmission of the signals of network stations by satellite carriers to subscribers.

``(2) DEADLINE FOR ACTION.— The Commission shall complete all actions necessary to prescribe regulations required by this section so that the regulations shall become effective within 1 year after such date of enactment.

``(c) ELIGIBILITY FOR RETRANSMISSION.—

``(1) SIGNAL STANDARD FOR SATELLITE CARRIER PURPOSES.— For the purposes of identifying an unserved household under section 119(d)(10) of title 17, United States Code, within 1 year after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall conclude an inquiry to evaluate all possible standards and factors for determining eligibility for retransmissions of the signals of network stations, and, if appropriate—

``(A) recommend modifications to the Grade B intensity standard for analog signals set forth in section 73.683(a) of its regulations (47 CFR 73.683(a)), or recommend alternative standards or factors for purposes of determining such eligibility; and

``(B) make a further recommendation relating to an appropriate standard for digital signals.

``(2) WAIVERS.— A subscriber who is denied the retransmission of a signal of a network station under section 119 of title 17, United States Code, may request a waiver from such denial by submitting a request, through such subscriber's satellite carrier, to the network station asserting that the retransmission is prohibited. The network station shall accept or reject a subscriber's request for a waiver within 30 days after receipt of the request. The subscriber shall be permitted to receive such retransmission under section 119(d)(10)(B) of title 17, United States Code, if such station agrees to the waiver request and files with the satellite carrier a written waiver with respect to that subscriber allowing the subscriber to receive such retransmission. If a television network station fails to accept or reject a subscriber's request for a waiver within the 30-day period after receipt of the request, that station shall be deemed to agree to the waiver request and have filed such written waiver.

``(3) ESTABLISHMENT OF IMPROVED PREDICTIVE MODEL REQUIRED.— Within 180 days after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall take all actions necessary, including any reconsideration, to develop and prescribe by rule a point-to-point predictive model for reliably and presumptively determining the ability of individual locations to receive signals in accordance with the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States Code. In prescribing such model, the Commission shall rely on the Individual Location Longley-Rice model set forth by the Federal Communications Commission in Docket No. 98-201 and ensure that such model takes into account terrain, building structures, and other land cover variations. The Commission shall establish procedures for the continued refinement in the application of the model by the use of additional data as it becomes available.

``(4) OBJECTIVE VERIFICATION.—

``(A) IN GENERAL.— If a subscriber's request for a waiver under paragraph (2) is rejected and the subscriber submits to the subscriber's satellite carrier a request for a test verifying the subscriber's inability to receive a signal that meets the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States Code, the satellite carrier and the network station or stations asserting that the retransmission is prohibited with respect to that subscriber shall select a qualified and independent person to conduct a test in accordance with section 73.686(d) of its regulations (47 CFR 73.686(d)), or any successor regulation. Such test shall be conducted within 30 days after the date the subscriber submits a request for the test. If the written findings and conclusions of a test conducted in accordance with such section (or any successor regulation) demonstrate that the subscriber does not receive a signal that meets or exceeds the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States Code, the subscriber shall not be denied the retransmission of a signal of a network station under section 119 of title 17, United States Code.

``(B) DESIGNATION OF TESTER AND ALLOCATION OF COSTS.— If the satellite carrier and the network station or stations asserting that the retransmission is prohibited are unable to agree on such a person to conduct the test, the person shall be designated by an independent and neutral entity designated by the Commission by rule. Unless the satellite carrier and the network station or stations otherwise agree, the costs of conducting the test under this paragraph shall be borne by the satellite carrier, if the station's signal meets or exceeds the signal intensity standard in effect under section 119(d)(10)(A) of title 17, United States Code, or by the network station, if its signal fails to meet or exceed such standard.

``(C) AVOIDANCE OF UNDUE BURDEN.— Commission regulations prescribed under this paragraph shall seek to avoid any undue burden on any party.

``(d) DEFINITIONS.— For the purposes of this section:

``(1) LOCAL MARKET.— The term “local market” has the meaning given that term under section 122(j) of title 17, United States Code.

``(2) NATIONALLY DISTRIBUTED SUPERSTATION.— The term “nationally distributed superstation” means a television broadcast station, licensed by the Commission, that—

``(A) is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States;

``(B) on May 1, 1991, was retransmitted by a satellite carrier and was not a network station at that time; and

``(C) was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of section 119 of title 17, United States Code.

``(3) NETWORK STATION.— The term “network station” has the meaning given such term under section 119(d) of title 17, United States Code.

``(4) SATELLITE CARRIER.— The term “satellite carrier” has the meaning given such term under section 119(d) of title 17, United States Code.

``(5) TELEVISION NETWORK.— The term “television network” means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States.´´.

(b) NETWORK STATION DEFINITION.—

Section 119(d)(2) of title 17, United States Code, is amended—

(1) in subparagraph (B) by striking the period and inserting a semicolon; and

(2) by adding after subparagraph (B) the following:

``except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service.´´.

Sec. 1009. Retransmission Consent.

(a) IN GENERAL.—

Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended—

(1) by amending paragraphs (1) and (2) to read as follows:

``(b)(1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—

``(A) with the express authority of the originating station;

``(B) under section 614, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section; or

``(C) under section 338, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section.

``(2) This subsection shall not apply—

``(A) to retransmission of the signal of a noncommercial television broadcast station;

``(B) to retransmission of the signal of a television broadcast station outside the station's local market by a satellite carrier directly to its subscribers, if—

``(i) such station was a superstation on May 1, 1991;

``(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of section 119 of title 17, United States Code; and

``(iii) the satellite carrier complies with any network nonduplication, syndicated exclusivity, and sports blackout rules adopted by the Commission under section 339(b) of this Act;

``(C) until December 31, 2004, to retransmission of the signals of network stations directly to a home satellite antenna, if the subscriber receiving the signal—

``(i) is located in an area outside the local market of such stations; and

``(ii) resides in an unserved household;

``(D) to retransmission by a cable operator or other multichannel video provider, other than a satellite carrier, of the signal of a television broadcast station outside the station's local market if such signal was obtained from a satellite carrier and—

``(i) the originating station was a superstation on May 1, 1991; and

``(ii) as of July 1, 1998, such station was retransmitted by a satellite carrier under the statutory license of section 119 of title 17, United States Code; or

``(E) during the 6-month period beginning on the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, to the retransmission of the signal of a television broadcast station within the station's local market by a satellite carrier directly to its subscribers under the statutory license of section 122 of title 17, United States Code.

``For purposes of this paragraph, the terms “satellite carrier” and “superstation” have the meanings given those terms, respectively, in section 119(d) of title 17, United States Code, as in effect on the date of the enactment of the Cable Television Consumer Protection and Competition Act of 1992, the term “unserved household” has the meaning given that term under section 119(d) of such title, and the term “local market” has the meaning given that term in section 122(j) of such title.´´;

(2) by adding at the end of paragraph (3) the following new subparagraph:

``(C) Within 45 days after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcast stations of the right to grant retransmission consent under this subsection, and such other regulations as are necessary to administer the limitations contained in paragraph (2). The Commission shall complete all actions necessary to prescribe such regulations within 1 year after such date of enactment. Such regulations shall—

``(i) establish election time periods that correspond with those regulations adopted under subparagraph (B) of this paragraph; and

``(ii) until January 1, 2006, prohibit a television broadcast station that provides retransmission consent from engaging in exclusive contracts for carriage or failing to negotiate in good faith, and it shall not be a failure to negotiate in good faith if the television broadcast station enters into retransmission consent agreements containing different terms and conditions, including price terms, with different multichannel video programming distributors if such different terms and conditions are based on competitive marketplace considerations.´´;

(3) in paragraph (4), by adding at the end the following new sentence: ``If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section 338 shall not apply to the carriage of the signal of such station by such satellite carrier.´´;

(4) in paragraph (5), by striking “614 or 615” and inserting “338, 614, or 615”; and

(5) by adding at the end the following new paragraph:

``(7) For purposes of this subsection, the term—

``(A) “network station” has the meaning given such term under section 119(d) of title 17, United States Code; and

``(B) “television broadcast station” means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.´´.

(b) ENFORCEMENT PROVISIONS FOR CONSENT FOR RETRANSMISSIONS.—

Section 325 of the Communications Act of 1934 (47 U.S.C. 325) is amended by adding at the end the following new subsection:

``(e) ENFORCEMENT PROCEEDINGS AGAINST SATELLITE CARRIERS CONCERNING RETRANSMISSIONS OF TELEVISION BROADCAST STATIONS IN THE RESPECTIVE LOCAL MARKETS OF SUCH CARRIERS.—

``(1) COMPLAINTS BY TELEVISION BROADCAST STATIONS.— If after the expiration of the 6-month period described under subsection (b)(2)(E) a television broadcast station believes that a satellite carrier has retransmitted its signal to any person in the local market of such station in violation of subsection (b)(1), the station may file with the Commission a complaint providing—

``(A) the name, address, and call letters of the station;

``(B) the name and address of the satellite carrier;

``(C) the dates on which the alleged retransmission occurred;

``(D) the street address of at least one person in the local market of the station to whom the alleged retransmission was made;

``(E) a statement that the retransmission was not expressly authorized by the television broadcast station; and

``(F) the name and address of counsel for the station.

``(2) SERVICE OF COMPLAINTS ON SATELLITE CARRIERS.— For purposes of any proceeding under this subsection, any satellite carrier that retransmits the signal of any broadcast station shall be deemed to designate the Secretary of the Commission as its agent for service of process. A television broadcast station may serve a satellite carrier with a complaint concerning an alleged violation of subsection (b)(1) through retransmission of a station within the local market of such station by filing the original and two copies of the complaint with the Secretary of the Commission and serving a copy of the complaint on the satellite carrier by means of two commonly used overnight delivery services, each addressed to the chief executive officer of the satellite carrier at its principal place of business, and each marked “URGENT LITIGATION MATTER” on the outer packaging. Service shall be deemed complete one business day after a copy of the complaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television broadcast station under this subsection, the Secretary of the Commission shall send the original complaint by United States mail, postage prepaid, receipt requested, addressed to the chief executive officer of the satellite carrier at its principal place of business.

``(3) ANSWERS BY SATELLITE CARRIERS.— Within five business days after the date of service, the satellite carrier shall file an answer with the Commission and shall serve the answer by a commonly used overnight delivery service and by United States mail, on the counsel designated in the complaint at the address listed for such counsel in the complaint.

``(4) DEFENSES.—

``(A) EXCLUSIVE DEFENSES.— The defenses under this paragraph are the exclusive defenses available to a satellite carrier against which a complaint under this subsection is filed.

``(B) DEFENSES.— The defenses referred to under subparagraph (A) are the defenses that—

``(i) the satellite carrier did not retransmit the television broadcast station to any person in the local market of the station during the time period specified in the complaint;

``(ii) the television broadcast station had, in a writing signed by an officer of the television broadcast station, expressly authorized the retransmission of the station by the satellite carrier to each person in the local market of the television broadcast station to which the satellite carrier made such retransmissions for the entire time period during which it is alleged that a violation of subsection (b)(1) has occurred;

``(iii) the retransmission was made after January 1, 2002, and the television broadcast station had elected to assert the right to carriage under section 338 as against the satellite carrier for the relevant period; or

``(iv) the station being retransmitted is a noncommercial television broadcast station.

``(5) COUNTING OF VIOLATIONS.— The retransmission without consent of a particular television broadcast station on a particular day to one or more persons in the local market of the station shall be considered a separate violation of subsection (b)(1).

``(6) BURDEN OF PROOF.— With respect to each alleged violation, the burden of proof shall be on a television broadcast station to establish that the satellite carrier retransmitted the station to at least one person in the local market of the station on the day in question. The burden of proof shall be on the satellite carrier with respect to all defenses other than the defense under paragraph (4)(B)(i).

``(7) PROCEDURES.—

``(A) REGULATIONS.— Within 60 days after the date of the enactment of the Satellite Home Viewer Improvement Act of 1999, the Commission shall issue procedural regulations implementing this subsection which shall supersede procedures under section 312.

``(B) DETERMINATIONS.—

``(i) IN GENERAL.— Within 45 days after the filing of a complaint, the Commission shall issue a final determination in any proceeding brought under this subsection. The Commission's final determination shall specify the number of violations committed by the satellite carrier. The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties.

``(ii) DISCOVERY.— The Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may approve, but only if the Commission first determines that such discovery is necessary to resolve a genuine dispute about material facts, consistent with the obligation to make a final determination within 45 days.

``(8) RELIEF.— If the Commission determines that a satellite carrier has retransmitted the television broadcast station to at least one person in the local market of such station and has failed to meet its burden of proving one of the defenses under paragraph (4) with respect to such retransmission, the Commission shall be required to—

``(A) make a finding that the satellite carrier violated subsection (b)(1) with respect to that station; and

``(B) issue an order, within 45 days after the filing of the complaint, containing—

``(i) a cease-and-desist order directing the satellite carrier immediately to stop making any further retransmissions of the television broadcast station to any person within the local market of such station until such time as the Commission determines that the satellite carrier is in compliance with subsection (b)(1) with respect to such station;

``(ii) if the satellite carrier is found to have violated subsection (b)(1) with respect to more than two television broadcast stations, a cease-and-desist order directing the satellite carrier to stop making any further retransmission of any television broadcast station to any person within the local market of such station, until such time as the Commission, after giving notice to the station, that the satellite carrier is in compliance with subsection (b)(1) with respect to such stations; and

``(iii) an award to the complainant of that complainant's costs and reasonable attorney's fees.

``(9) COURT PROCEEDINGS ON ENFORCEMENT OF COMMISSION ORDER.—

``(A) IN GENERAL.— On entry by the Commission of a final order granting relief under this subsection—

``(i) a television broadcast station may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a final judgment enforcing all relief granted by the Commission; and

``(ii) the satellite carrier may apply within 30 days after such entry to the United States District Court for the Eastern District of Virginia for a judgment reversing the Commission's order.

``(B) APPEAL.— The procedure for an appeal under this paragraph by the satellite carrier shall supersede any other appeal rights under Federal or State law. A United States district court shall be deemed to have personal jurisdiction over the satellite carrier if the carrier, or a company under common control with the satellite carrier, has delivered television programming by satellite to more than 30 customers in that district during the preceding 4-year period. If the United States District Court for the Eastern District of Virginia does not have personal jurisdiction over the satellite carrier, an enforcement action or appeal shall be brought in the United States District Court for the District of Columbia, which may find personal jurisdiction based on the satellite carrier's ownership of licenses issued by the Commission. An application by a television broadcast station for an order enforcing any cease-and-desist relief granted by the Commission shall be resolved on a highly expedited schedule. No discovery may be conducted by the parties in any such proceeding. The district court shall enforce the Commission order unless the Commission record reflects manifest error and an abuse of discretion by the Commission.

``(10) CIVIL ACTION FOR STATUTORY DAMAGES.— Within 6 months after issuance of an order by the Commission under this subsection, a television broadcast station may file a civil action in any United States district court that has personal jurisdiction over the satellite carrier for an award of statutory damages for any violation that the Commission has determined to have been committed by a satellite carrier under this subsection. Such action shall not be subject to transfer under section 1404(a) of title 28, United States Code. On finding that the satellite carrier has committed one or more violations of subsection (b), the District Court shall be required to award the television broadcast station statutory damages of $25,000 per violation, in accordance with paragraph (5), and the costs and attorney's fees incurred by the station. Such statutory damages shall be awarded only if the television broadcast station has filed a binding stipulation with the court that such station will donate the full amount in excess of $1,000 of any statutory damage award to the United States Treasury for public purposes. Notwithstanding any other provision of law, a station shall incur no tax liability of any kind with respect to any amounts so donated. Discovery may be conducted by the parties in any proceeding under this paragraph only if and to the extent necessary to resolve a genuinely disputed issue of fact concerning one of the defenses under paragraph (4). In any such action, the defenses under paragraph (4) shall be exclusive, and the burden of proof shall be on the satellite carrier with respect to all defenses other than the defense under paragraph (4)(B)(i). A judgment under this paragraph may be enforced in any manner permissible under Federal or State law.

``(11) APPEALS.—

``(A) IN GENERAL.— The nonprevailing party before a United States district court may appeal a decision under this subsection to the United States Court of Appeals with jurisdiction over that district court. The Court of Appeals shall not issue any stay of the effectiveness of any decision granting relief against a satellite carrier unless the carrier presents clear and convincing evidence that it is highly likely to prevail on appeal and only after posting a bond for the full amount of any monetary award assessed against it and for such further amount as the Court of Appeals may believe appropriate.

``(B) APPEAL.— If the Commission denies relief in response to a complaint filed by a television broadcast station under this subsection, the television broadcast station filing the complaint may file an appeal with the United States Court of Appeals for the District of Columbia Circuit.

``(12) SUNSET.— No complaint or civil action may be filed under this subsection after December 31, 2001. This subsection shall continue to apply to any complaint or civil action filed on or before such date.´´.

Sec. 1010. Severability.

If any provision of section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)), or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that section, and the application of that provision to other persons and circumstances, shall not be affected.

Sec. 1011. Technical Amendments.

(a) TECHNICAL AMENDMENTS RELATING TO CABLE SYSTEMS.—

Title 17, United States Code, is amended as follows:

(1) Such title is amended by striking “programing” each place it appears and inserting “programming”.

(2) Section 111 is amended by striking “compulsory” each place it appears and inserting “statutory”.

(3) Section 510(b) is amended by striking “compulsory” and inserting “statutory”.

(b) TECHNICAL AMENDMENTS RELATING TO PERFORMANCE OR DISPLAYS OF WORKS.—

(1) Section 111 of title 17, United States Code, is amended—

(A) in subsection (a), in the matter preceding paragraph (1), by striking “primary transmission embodying a performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission”;

(B) in subsection (b), in the matter preceding paragraph (1), by striking “primary transmission embodying a performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission”; and

(C) in subsection (c)—

(i) in paragraph (1)—

(I) by inserting “a performance or display of a work embodied in” after “by a cable system of”; and

(II) by striking “and embodying a performance or display of a work”; and

(ii) in paragraphs (3) and (4)—

(I) by striking “a primary transmission” and inserting “a performance or display of a work embodied in a primary transmission”; and

(II) by striking “and embodying a performance or display of a work”.

(2) Section 119(a) of title 17, United States Code, is amended—

(A) in paragraph (1), by striking “primary transmission made by a superstation and embodying a performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission made by a superstation”;

(B) in paragraph (2)(A), by striking “programming” and all that follows through “a work” and inserting “a performance or display of a work embodied in a primary transmission made by a network station”;

(C) in paragraph (4)—

(i) by inserting “a performance or display of a work embodied in” after “by a satellite carrier of”; and

(ii) by striking “and embodying a performance or display of a work”; and

(D) in paragraph (6)—

(i) by inserting “performance or display of a work embodied in” after “by a satellite carrier of”; and

(ii) by striking “and embodying a performance or display of a work”.

(3) Section 501(e) of title 17, United States Code, is amended by striking “primary transmission embodying the performance or display of a work” and inserting “performance or display of a work embodied in a primary transmission”.

(c) CONFORMING AMENDMENT.—

Section 119(a)(2)(C) of title 17, United States Code, is amended in the first sentence by striking “currently”.

(d) WORK MADE FOR HIRE.—

Section 101 of title 17, United States Code, is amended in the definition relating to work for hire in paragraph (2) by inserting “as a sound recording,” after “audiovisual work”.

Sec. 1012. Effective Dates.

Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 (and the amendments made by such sections) shall take effect on the date of the enactment of this Act. The amendments made by sections 1002, 1004, and 1006 shall be effective as of July 1, 1999.