3.0.0 1670 2023-01-11T13:17:59Z 2023-01-11T13:17:59Z Senate S S 2009-09-15 111 ssju00 Judiciary Committee Senate Standing Reported by 2009-09-24T19:10:37Z Markup by 2009-09-24T13:34:01Z Referred to 2009-09-15T16:13:48Z S. Rept. 111-98 2009-11-10 ssju00 Judiciary Committee Senate By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-98. Floor 2009-11-10 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-98. Committee 14900 9 Library of Congress ssju00 Judiciary Committee 2009-09-24 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 165. Calendars 2009-09-24 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report. Committee 2009-09-24 Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2009-09-24 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2009-09-15 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S9374-9377) IntroReferral 2009-09-15 Sponsor introductory remarks on measure. (CR S9373-9374) IntroReferral B00100 9 Library of Congress 2009-09-15 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N S001141 Sen. Sessions, Jeff [R-AL] Jeff Sessions R AL 2009-09-15 True K000305 Sen. Kohl, Herb [D-WI] HERBERT KOHL D WI H. 2009-09-15 True H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2009-09-15 True K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn 2009-09-15 True 2009-11-10T06:00:00Z S. 1670, Satellite Television Modernization Act of 2009 http://www.cbo.gov/publication/41418 <p>Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on September 24,2009</p> 2009-11-10T06:00:00Z S. 1670, Satellite Television Modernization Act of 2009 https://www.cbo.gov/publication/41418 Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on September 24,2009 Science, Technology, Communications Administrative law and regulatory procedures Business records Intellectual property Licensing and registrations Television and film User charges and fees Science, Technology, Communications 00 2009-09-15 Introduced in Senate 2009-10-20T21:29:38Z Satellite Television Modernization Act of 2009 - Removes various exceptions from provisions requiring statutory licensing for a satellite carrier's secondary transmission of a network's primary transmission.

Modifies requirements regarding: (1) determining whether a person resides in an unserved household, including the predictive model to be used; and (2) the submission of subscriber lists by a satellite carrier to networks.

Removes provisions applying statutory licensing to secondary transmission of network or superstation transmissions to a subscriber who resides outside of the station's local market but in a community in which the signal is significantly viewed.

Modifies requirements regarding statutory licensing of retransmissions into a local market.

Increases satellite carrier monetary penalties for individual violations from $5 to $250 and for a pattern of violations from $250,000 to $2.5 million.

Removes provisions applying statutory licensing to secondary transmission of a network or superstation licensed as a low power station to a subscriber in the same local market.

Revises provisions regulating the adjustment of royalty fees.

Modifies the definition of "unserved household."

Revises the limitations on exclusive rights regarding secondary transmissions by satellite carriers in local markets.

Extends until December 31, 2014 (under current law, December 31, 2009), the effectiveness of provisions relating to limitations on exclusive rights regarding secondary transmissions of superstations and network stations for private home viewing.

Modifies provisions relating to statutory licenses for secondary transmissions by cable systems.

]]> 01 2009-09-24 Reported to Senate with amendment(s) 2010-02-05T14:24:40Z Satellite Television Modernization Act of 2009 - (Sec. 2) Prohibits requiring a satellite provider that is lawfully serving a subscriber in an unserved household with a distant network station while a network station affiliated with that network was broadcasting in analog from being required to re-qualify such subscriber to receive such distant station under the Federal Communications Commission's (FCC) digital predictive model in order to be subject to statutory licensing.

Requires a court, in determining presumptively whether a person resides in an unserved household, with respect to a signal originating as a digital signal, to rely on a specified predictive model established by the FCC. Requires, for site measurements to determine whether a person resides in an unserved household, that a court rely on FCC rules.

Modifies requirements regarding: (1) determining whether a person resides in an unserved household, including the predictive model to be used; and (2) the submission of subscriber lists by a satellite carrier to networks.

Increases satellite carrier monetary penalties for individual violations from $5 to $250 and for a pattern of violations from $250,000 to $2.5 million

Revises provisions regulating the adjustment of royalty fees, including initial fees, voluntary negotiation, agreements, notice, and proceedings to establish royalty fees.

Modifies various definitions, including the definition of "unserved household."

Removes a time limit on a response by the Justice Department if, for a local market: (1) no satellite carrier makes a secondary transmission available; and (2) two or more satellite carriers request a business review letter to assess the antitrust legality of proposed business conduct regarding an agreement to provide such secondary transmission.

(Sec. 3) Subjects secondary transmissions of significantly viewed, low power and special exception stations to statutory licensing.

Applies statutory licensing to secondary transmissions of a system of three or more noncommercial educational broadcast stations licensed by a single state, political, educational, or special purpose subdivision of a state, or a public agency, to any subscriber in any county in that state that is in a designated market and not otherwise eligible to receive secondary transmissions of a noncommercial television broadcast station located in that state.

Subjects secondary transmissions to statutory licensing if the primary transmission is from a network station from a market adjacent to the local market and no station affiliated with that network is licensed to a community in the local market. (This situation is often called a "short market.")

Modifies requirements regarding the information satellite secondary transmitters must report to network primary transmitters.

Increases the penalties for violation of territorial restrictions on statutory licenses: (1) from $5 to $250 for individual violations; and (2) from $250,000 to $2.5 million for a pattern of violations.

(Sec. 4) Prohibits low power, significantly viewed, special exception, and short market stations from being entitled to insist on carriage, regardless of whether the satellite carrier provides secondary transmissions of other stations in the same local market. (Current law prohibits only low power stations from being entitled to insist on carriage.)

(Sec. 5) Extends until December 31, 2014, the effectiveness of provisions relating to limitations on exclusive rights regarding secondary transmissions of superstations and network stations for private home viewing. (Current law terminates the effectiveness of those provisions on December 31, 2009.)

(Sec. 6) Modifies royalty rates and requirements regarding the royalty calculation methodology for secondary transmissions by cable systems.

Requires that, in computing royalties, if a cable system provides a secondary transmission to some but not all communities served by that cable system, the gross receipts and the distant signal equivalent values for each secondary transmission shall be derived solely based on the subscribers in the communities where the cable system provides each such secondary transmission.

Delays the initiation of proceedings for royalty rate adjustments until the year 2015 (and each fifth calendar year thereafter).

Requires the Copyright Office to report to Congress on: (1) proposed mechanisms, methods, and recommendations on how to implement a phase-out of the current statutory licensing requirements by making certain provisions inapplicable to retransmission of a primary transmission of a broadcast station that is authorized to license the same retransmission; and (2) any recommendations for alternative means to implement a timely and effective phase-out of the current statutory licensing requirements under specified provisions.

]]> Satellite Television Modernization Act of 2009 Display Title Satellite Television Modernization Act of 2009 Official Title as Introduced A bill to reform and modernize the limitations on exclusive rights relating to secondary transmissions of certain signals. Introduced in Senate IS Short Titles as Introduced Satellite Television Modernization Act of 2009 Short Titles as Reported to Senate Satellite Television Modernization Act of 2009 S Senate Reported to Senate 2009-09-24T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s1670rs/xml/BILLS-111s1670rs.xml Introduced in Senate 2009-09-15T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s1670is/xml/BILLS-111s1670is.xml 2009-11-10 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-98. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.