[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2406 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                    September 20, 1994.
      Resolved, That the bill from the Senate (S. 2406) entitled ``An 
Act to amend title 17, United States Code, relating to the definition 
of a local service area of a primary transmitter, and for other 
purposes'', do pass with the following

                               AMENDMENT:

        Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Satellite Home Viewer Act of 1994''.

SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS.

    Section 119 of title 17, United States Code, is amended as follows:
            (1) Subsection (a)(2)(C) is amended--
                    (A) by striking ``90 days after the effective date 
                of the Satellite Home Viewer Act of 1988, or'';
                    (B) by striking ``whichever is later,'';
                    (C) by inserting ``name and'' after ``identifying 
                (by'' each place it appears; and
                    (D) by striking ``, on or after the effective date 
                of the Satellite Home Viewer Act of 1988,''.
            (2) Subsection (a)(5) is amended by adding at the end the 
        following:
                    ``(D) Burden of proof.--In any action brought under 
                this paragraph, the satellite carrier shall have the 
                burden of proving that its secondary transmission of a 
                primary transmission by a network station is for 
                private home viewing to an unserved household.''.
            (3) 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''.
            (4) Subsection (c) is amended--
                    (A) in paragraph (1) by striking ``December 31, 
                1992,'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``July 
                        1, 1991'' and inserting ``July 1, 1996''; and
                            (ii) in subparagraph (D) by striking 
                        ``December 31, 1994'' and inserting ``December 
                        31, 1999, or in accordance with the terms of 
                        the agreement, whichever is later''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``December 31, 1991'' and inserting ``January 
                        1, 1997'';
                            (ii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) Establishment of royalty fees.--In 
                determining royalty fees under this paragraph, the 
                Copyright Arbitration Panel 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 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.'';
                            (iii) in subparagraph (E) by striking 
                        ``60'' and inserting ``180''; and
                            (iv) in subparagraph (G)--
                                    (I) by striking ``, or until 
                                December 31, 1994''; and
                                    (II) by inserting ``or July 1, 
                                1997, whichever is later'' after 
                                ``section 802(g)''.
            (5) Subsection (a) is amended--
                    (A) in paragraph (5)(C) by striking ``the Satellite 
                Home Viewer Act of 1988'' and inserting ``this 
                section''; and
                    (B) by adding at the end the following:
            ``(8) Transitional signal intensity measurement 
        procedures.--
                    ``(A) In general.--Subject to subparagraph (C), 
                upon a challenge by a network station regarding whether 
                a subscriber is an unserved household within the 
                predicted Grade B Contour of the station, the satellite 
                carrier shall, within 60 days after the receipt of the 
                challenge--
                            ``(i) terminate service to that household 
                        of the signal that is the subject of the 
                        challenge, and within 30 days thereafter notify 
                        the network station that made the challenge 
                        that service to that household has been 
                        terminated; or
                            ``(ii) conduct a measurement of the signal 
                        intensity of the subscriber's household to 
                        determine whether the household is an unserved 
                        household after giving reasonable notice to the 
                        network station of the satellite carrier's 
                        intent to conduct the measurement.
                    ``(B) Effect of measurement.--If the satellite 
                carrier conducts a signal intensity measurement under 
                subparagraph (A) and the measurement indicates that--
                            ``(i) the household is not an unserved 
                        household, the satellite carrier shall, within 
                        60 days after the measurement is conducted, 
                        terminate the service to that household of the 
                        signal that is the subject of the challenge, 
                        and within 30 days thereafter notify the 
                        network station that made the challenge that 
                        service to that household has been terminated; 
                        or
                            ``(ii) the household is an unserved 
                        household, the station challenging the service 
                        shall reimburse the satellite carrier for the 
                        costs of the signal measurement within 60 days 
                        after receipt of the measurement results and a 
                        statement of the costs of the measurement.
                    ``(C) Limitation on measurements.--(i) 
                Notwithstanding subparagraph (A), a satellite carrier 
                may not be required to conduct signal intensity 
                measurements during any calendar year in excess of 5 
                percent of the number of subscribers within the network 
                station's local market that have subscribed to the 
                service as of the effective date of the Satellite Home 
                Viewer Act of 1994.
                    ``(ii) If a network station challenges whether a 
                subscriber is an unserved household in excess of 5 
                percent of the subscribers within the network's station 
                local market within a calendar year, subparagraph (A) 
                shall not apply to challenges in excess of such 5 
                percent, but the station may conduct its own signal 
                intensity measurement of the subscriber's household 
                after giving reasonable notice to the satellite carrier 
                of the network station's intent to conduct the 
                measurement. If such measurement indicates that the 
                household is not an unserved household, the carrier 
                shall, within 60 days after receipt of the measurement, 
                terminate service to the household of the signal that 
                is the subject of the challenge and within 30 days 
                thereafter notify the network station that made the 
                challenge that service has been terminated. The carrier 
                shall also, within 60 days after receipt of the 
                measurement and a statement of the costs of the 
                measurement, reimburse the network station for the cost 
                it incurred in conducting the measurement.
                    ``(D) Outside the predicted grade b contour.--(i) 
                If a network station challenges whether a subscriber is 
                an unserved household outside the predicted Grade B 
                Contour of the station, the station may conduct a 
                measurement of the signal intensity of the subscriber's 
                household to determine whether the household is an 
                unserved household after giving reasonable notice to 
                the satellite carrier of the network station's intent 
                to conduct the measurement.
                    ``(ii) If the network station conducts a signal 
                intensity measurement under clause (i) and the 
                measurement indicates that--
                            ``(I) the household is not an unserved 
                        household, the station shall forward the 
                        results to the satellite carrier who shall, 
                        within 60 days after receipt of the 
                        measurement, terminate the service to the 
                        household of the signal that is the subject of 
                        the challenge, and shall reimburse the station 
                        for the costs of the measurement within 60 days 
                        after receipt of the measurement results and a 
                        statement of such costs; or
                            ``(II) the household is an unserved 
                        household, the station shall pay the costs of 
                        the measurement.
            ``(9) Loser pays for signal intensity measurement; recovery 
        of measurement costs in a civil action.--In any civil action 
        filed relating to the eligibility of subscribing households as 
        unserved households--
                    ``(A) a network station challenging such 
                eligibility shall, within 60 days after receipt of the 
                measurement results and a statement of such costs, 
                reimburse the satellite carrier for any signal 
                intensity measurement that is conducted by that carrier 
                in response to a challenge by the network station and 
                that establishes the household is an unserved 
                household; and
                    ``(B) a satellite carrier shall, within 60 days 
                after receipt of the measurement results and a 
                statement of such costs, reimburse the network station 
                challenging such eligibility for any signal intensity 
                measurement that is conducted by that station and that 
                establishes the household is not an unserved household.
            ``(10) Inability to conduct measurement.--If a network 
        station makes a reasonable attempt to conduct a site 
        measurement of its signal at a subscriber's household and is 
        denied access for the purpose of conducting the measurement, 
        and is otherwise unable to conduct a measurement, the satellite 
        carrier shall within 60 days notice thereof, terminate service 
        of the station's network to that household.''.
            (6) Subsection (d) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Network station.--The term `network station' means--
                    ``(A) a television broadcast station, including any 
                translator station or terrestrial satellite station 
                that rebroadcasts all or substantially all of the 
                programming broadcast by a network station, that is 
                owned or operated by, or affiliated with, one or more 
                of the television networks in the United States which 
                offer an interconnected program service on a regular 
                basis for 15 or more hours per week to at least 25 of 
                its affiliated television licensees in 10 or more 
                States; or
                    ``(B) a noncommercial educational broadcast station 
                (as defined in section 397 of the Communications Act of 
                1934).'';
                    (B) in paragraph (6) by inserting ``and operates in 
                the Fixed-Satellite Service under part 25 of title 47 
                of the Code of Federal Regulations or the Direct 
                Broadcast Satellite Service under part 100 of title 47 
                of the Code of Federal Regulations'' after 
                ``Commission''; and
                    (C) by adding at the end the following:
            ``(11) Local market.--The term `local market' means the 
        area encompassed within a network station's predicted Grade B 
        contour as that contour is defined by the Federal 
        Communications Commission.''.

SEC. 3. DEFINITIONS.

    (a) Cable System.--Section 111(f) of title 17, United States Code, 
is amended in the paragraph relating to the definition of ``cable 
system'' by inserting ``microwave,'' after ``wires, cables,''.
    (b) Local Service Area.--Section 111(f) of title 17, United States 
Code, is amended in the paragraph relating to the definition of ``local 
service area of a primary transmitter'' by inserting after ``April 15, 
1976,'' the following: ``or such station's television market as defined 
in section 76.55(e) of title 47, Code of Federal Regulations (as in 
effect on September 18, 1993), or any modifications to such television 
market made, on or after September 18, 1993, pursuant to section 
76.55(e) or 76.59 of title 47 of the Code of Federal Regulations,''.

SEC. 4. TERMINATION.

    (a) Expiration of Amendments.--Section 119 of title 17, United 
States Code, as amended by section 2 of this Act, ceases to be 
effective on December 31, 1999.
    (b) Conforming Amendment.--Section 207 of the Satellite Home Viewer 
Act of 1988 (17 U.S.C. 119 note) is repealed.

SEC. 5. LIMITATION.

    The amendments made by this section apply only to section 119 of 
title 17, United States Code.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsections (b) and (d), 
this Act and the amendments made by this Act take effect on the date of 
the enactment of this Act.
    (b) Burden of Proof Provisions.--The provisions of section 
119(a)(5)(D) of title 17, United States Code (as added by section 2(2) 
of this Act) relating to the burden of proof of satellite carriers, 
shall take effect on January 1, 1997, with respect to civil actions 
relating to the eligibility of subscribers who subscribed to service as 
an unserved household before the date of the enactment of this Act.
    (c) Transitional Signal Intensity Measurement Procedures.--The 
provisions of section 119(a)(8) of title 17, United States Code (as 
added by section 2(5) of this Act), relating to transitional signal 
intensity measurements, shall cease to be effective on December 31, 
1996.
    (d) Local Service Area of a Primary Transmitter.--The amendment 
made by section 3(b), relating to the definition of the local service 
area of a primary transmitter, shall take effect on July 1, 1994.
            Attest:






                                                                 Clerk.
103d CONGRESS

  2d Session

                                S. 2406

_______________________________________________________________________

                               AMENDMENT