[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1103 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1103

   To amend title 17, United States Code, with respect to secondary 
 transmissions of superstations and network stations for private home 
              viewing, and with respect to cable systems.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1993

  Mr. Hughes (for himself and Mr. Moorhead) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 17, United States Code, with respect to secondary 
 transmissions of superstations and network stations for private home 
              viewing, and with respect to cable systems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                      TITLE I--SATELLITE CARRIERS

SEC. 101. SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS.

    Section 119 of title 17, United States Code, is amended as follows:
            (1) Subsection (a)(2)(C) is amended in the first sentence--
                    (A) by striking ``90 days after the effective date 
                of the Satellite Home Viewer Act of 1988, or''; and
                    (B) by striking ``whichever is later,''.
            (2) Subsection (b)(1)(B) is amended--
                    (A) in clause (i) by striking ``12 cents'' and 
                inserting ``17.5 cents per subscriber in the case of 
                superstations not subject to syndicated exclusivity 
                under the regulations of the Federal Communications 
                Commission, and 14 cents per subscriber in the case of 
                superstations subject to such syndicated exclusivity''; 
                and
                    (B) in clause (ii) by striking ``3'' and inserting 
                ``6''.
            (3) Subsection (c) is amended--
                    (A) in the subsection caption by striking 
                ``Determination'' and inserting ``Adjustment'';
                    (B) in paragraph (1)--
                            (i) by striking ``until December 31, 
                        1992,''; and
                            (ii) by striking ``compulsory'';
                    (C) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        redesignating subparagraphs (B), (C), and (D) 
                        as subparagraphs (A), (B), and (C), 
                        respectively;
                            (ii) in subparagraph (A) (as so 
                        redesignated) by striking ``Satellite'' in the 
                        first sentence and inserting ``In accordance 
                        with paragraph (3), satellite''; and
                            (iii) in subparagraph (C) (as so 
                        redesignated) by striking ``December 31, 1994'' 
                        and inserting ``adjusted under paragraph (3)''; 
                        and
                    (D) in paragraph (3)(A) by striking the first 
                sentence and inserting the following: ``On or before 
                June 1, 1995, and in each subsequent fifth calendar 
                year, the Copyright Royalty Tribunal shall cause notice 
                to be published in the Federal Register of the 
                initiation of arbitration proceedings for the purpose 
                of determining a reasonable royalty fee to be paid 
                under subsection (b)(1)(B) by satellite carriers who 
                are not parties to a voluntary agreement filed with the 
                Copyright Office in accordance with paragraph (2).''.

           TITLE II--SECONDARY TRANSMISSIONS BY CABLE SYSTEMS

SEC. 201. DEFINITION OF CABLE SYSTEM.

    (a) Definition.--Section 111(f) of title 17, United States Code, is 
amended by striking the definition of ``cable system'' and inserting 
the following:
    ``A `cable system' is a facility, other than a satellite carrier to 
which section 119 of this title applies, that in whole or in part 
receives signals embodying a performance or display of a work, 
transmitted by one or more broadcast stations licensed by the Federal 
Communications Commission or an appropriate governmental authority of 
Canada or Mexico, and makes secondary transmissions of such signals to 
subscribing members of the public who pay for such service.''.
    (b) Applicability of Federal Communications Commission Rules and 
Regulations.--For purposes of determining the royalty fees paid under 
subsection (d)(1) of section 111 of title 17, United States Code, by a 
cable system as defined in subsection (f) of such section (as amended 
by subsection (a) of this section), the rules and regulations of the 
Federal Communications Commission in effect on the date of the 
enactment of this Act shall apply on and after such date to all cable 
systems as so defined to the same extent as such rules and regulations 
applied to cable systems before such date.

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