[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5303 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5303

To make technical corrections in the Satellite Home Viewer Act of 1994.


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 1994

  Mr. Hughes introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make technical corrections in the Satellite Home Viewer Act of 1994.

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

SECTION 1. TECHNICAL CORRECTIONS.

    The Satellite Home Viewer Act of 1994 (Public Law 103-369) is 
amended as follows:
            (1) Section 2(4)(C) is amended to read as follows:
                    ``(C) in paragraph (3)--
                            ``(i) in subparagraph (A) by striking 
                        `December 31, 1991' and inserting `January 1, 
                        1997';
                            ``(ii) by amending subparagraph (B) to read 
                        as follows:
                    ```(B) Establishment of royalty fees.--In 
                determining royalty fees under this paragraph, the 
                copyright royalty arbitration panel approved under 
                chapter 8 shall establish fees for the retransmission 
                of network stations and superstations that most clearly 
                represent the fair market value of secondary 
                transmissions. In determining the fair market value, 
                the arbitration panel shall base its decision on 
                economic, competitive, and programming information 
                presented by the parties, including--
                            ```(i) the competitive environment in which 
                        such programming is distributed, the cost for 
                        similar signals in similar private and 
                        compulsory license marketplaces, and any 
                        special features and conditions of the 
                        retransmission marketplace;
                            ```(ii) the economic impact of such fees on 
                        copyright owners and satellite carriers; and
                            ```(iii) the impact on the continued 
                        availability of secondary transmissions to the 
                        public.'; and
                            ``(iii) in subparagraph (C), by inserting 
                        `or July 1, 1997, whichever is later' after 
                        `section 802(g)'.''.
            (2) Section 119(a)(5)(C) of title 17, United States Code, 
        as amended by section 2(5) of the Satellite Home Viewer Act of 
        1994, is amended by striking ``this section'' and inserting 
        ``the Satellite Home Viewer Act of 1988''.

SEC. 2. EFFECTIVE DATE.

    (a) Section 1(1).--The amendment made by section 1(1) shall be 
effective as if enacted as part of the Satellite Home Viewer Act of 
1994.
    (b) Section 1(2).--The amendment made by section 1(2) shall take 
effect on the date of the enactment of this Act.
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