[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2013 Reported in Senate (RS)]






                                                       Calendar No. 584
108th CONGRESS
  2d Session
                                S. 2013

    To amend section 119 of title 17, United States Code, to extend 
                   satellite home viewer provisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 2004

Mr. Hatch (for himself, Mr. Leahy, Mr. DeWine, and Mr. Kohl) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

                             June 17, 2004

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend section 119 of title 17, United States Code, to extend 
                   satellite home viewer provisions.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Satellite Home Viewer 
Extension Act of 2004''.</DELETED>

<DELETED>SEC. 2. EXTENSION.</DELETED>

<DELETED>    (a) In General.--Section 119 of title 17, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f) This section shall cease to be effective after 
December 31, 2009.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--Section 4 of the 
Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note) is amended by 
striking subsection (a).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Satellite Home Viewer Extension Act 
of 2004''.

SEC. 2. EXTENSION OF AUTHORITY.

    (a) In General.--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, 2004'' and inserting ``December 31, 
2009''.
    (b) Extension for Certain Subscribers.--Section 119(e) of title 17, 
United States Code, is amended by striking ``December 31, 2004'' and 
inserting ``December 31, 2009''.

SEC. 3. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER 
              SIGNALS; TECHNICAL AMENDMENTS.

    Section 119(a) of title 17, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the paragraph heading, by striking ``and pbs 
                satellite feed'';
                    (B) in the first sentence, by striking ``(3), (4), 
                and (6)'' and inserting ``(5), (6), and (8)'';
                    (C) in the first sentence, by striking ``or by the 
                Public Broadcasting Service satellite feed''; and
                    (D) by striking the second sentence;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``(3), (4), 
                (5), and (6)'' and inserting ``(5), (6), (7), and 
                (8)'';
                    (B) by amending subparagraph (C) to read as 
                follows:
                    ``(C) Submission of subscriber lists to networks.--
                            ``(i) Initial lists.--A satellite carrier 
                        that makes secondary transmissions of a primary 
                        transmission made by a network station pursuant 
                        to subparagraph (A) shall, 90 days after 
                        commencing such secondary transmissions, submit 
                        to the network that owns or is affiliated with 
                        the network station--
                                    ``(I) a list identifying (by name 
                                and street address, including county 
                                and zip code) all subscribers to which 
                                the satellite carrier makes secondary 
                                transmissions of that primary 
                                transmission to subscribers in unserved 
                                households; and
                                    ``(II) a separate list, aggregated 
                                by designated market area (as defined 
                                in section 122(j)) (by name and street 
                                address, including county and zip 
                                code), which shall indicate those 
                                subscribers being served pursuant to 
                                subsection (a)(3), relating to 
                                significantly viewed stations.
                            ``(ii) Monthly lists.--After the submission 
                        of the initial lists under clause (i), on the 
                        15th of each month, the satellite carrier shall 
                        submit to the network--
                                    ``(I) a list identifying (by name 
                                and street address, including county 
                                and zip code) any persons who have been 
                                added or dropped as subscribers under 
                                clause (i)(I) since the last submission 
                                under clause (i); and
                                    ``(II) a separate list, aggregated 
                                by designated market area (by name and 
                                street address, including county and 
                                zip code), identifying those 
                                subscribers whose service pursuant to 
                                subsection (a)(3), relating to 
                                significantly viewed stations, has been 
                                added or dropped.
                            ``(iii) Use of subscriber information.--
                        Subscriber information submitted by a satellite 
                        carrier under this subparagraph may be used 
                        only for purposes of monitoring compliance by 
the satellite carrier with this subsection.
                            ``(iv) Applicability.--The submission 
                        requirements of this subparagraph shall apply 
                        to a satellite carrier only if the network to 
                        whom 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 shall maintain for public inspection a 
                        file of all such documents.''; and
                    (C) by adding at the end the following:
                    ``(D) Adjacent market exceptions.--
                            ``(i) States with single commercial full-
                        power network station.--In a State in which 
                        there is licensed by the Federal Communications 
                        Commission a single full-power station that was 
                        a network station on January 1, 1995, the 
                        statutory license provided for in subparagraph 
                        (A) shall apply to the secondary transmission 
                        by a satellite carrier of the signal of that 
                        station to any subscriber in a community that 
                        is located within that State and that is not 
                        within the first 50 major television markets as 
                        listed in the regulations of the Commission as 
                        in effect on such date (section 76.51 of title 
                        47 of the Code of Federal Regulations).
                            ``(ii) States with all network stations and 
                        superstations in same local market.--In a State 
                        in which all network stations and superstations 
                        licensed by the Federal Communications 
                        Commission within that State as of January 1, 
                        1995, are assigned to the same local market and 
                        that local market does not encompass all 
                        counties of that State, the statutory license 
                        provided under subparagraph (A) shall apply to 
                        the secondary transmission by a satellite 
                        carrier of the signals of such station to all 
                        subscribers in the State who reside in a local 
                        market that is within the first 50 major 
                        television markets as listed in the regulations 
                        of the Commission as in effect on such date 
                        (section 76.51 of title 47 of the Code of 
                        Federal Regulations).'';
            (3) by striking paragraph (8);
            (4) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively;
            (5) by redesignating paragraphs (3) through (7) as 
        paragraphs (5) through (9), respectively;
            (6) by inserting after paragraph (2) the following:
            ``(3) Secondary transmissions of significantly viewed 
        signals.--
                    ``(A) In general.--Notwithstanding the provisions 
                of paragraph (2)(B), and subject to subparagraph (B) of 
                this paragraph, the statutory license provided for in 
                paragraphs (1) and (2) shall apply to the secondary 
                transmission of the signal of a network station or a 
                superstation to a subscriber who resides outside the 
                local market of the station (as defined in section 
                122(j)) but within a community in which the signal of 
                that station is determined to be significantly viewed 
                in accordance with the provisions of section 76.54 of 
                title 47 of the Code of Federal Regulations, as in 
                effect on the date of enactment of the Satellite Home 
                Viewer Extension Act of 2004.
                    ``(B) Limitation.--Subparagraph (A) shall apply 
                only to secondary transmissions of network stations and 
                superstations to subscribers who receive secondary 
                transmissions from a satellite carrier pursuant to the 
                statutory license under section 122.''; and
            (7) in paragraph (2)(B)(i), by adding at the end the 
        following: ``The limitation in this clause shall not apply to 
        secondary transmissions under paragraph (3).''.

SEC. 4. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL MARKETS.

     Section 119 of title 17, United States Code, is amended as 
follows:
            (1) Subsection (a) is amended by inserting after paragraph 
        (3), as added by section 3 of this Act, the following:
            ``(4) Statutory license where retransmissions into local 
        market available.--
                    ``(A) In general.--In the case of a subscriber of a 
                satellite carrier who is eligible to receive the signal 
                of a network station under the statutory license under 
                paragraph (2), or solely by reason of subsection (e) 
                (in this subparagraph both such signals shall be 
                referred to as a `distant signal'), the following shall 
                apply:
                            ``(i) In a case in which the signal of a 
                        local network station affiliated with the same 
                        television network pursuant to the statutory 
                        license under section 122 is made available by 
                        that satellite carrier to the subscriber on 
                        January 1, 2005, the statutory license under 
                        paragraph (2) shall apply only to secondary 
                        transmissions by that satellite carrier of the 
                        distant signal of a network station affiliated 
                        with the same network to that subscriber--
                                    ``(I)(aa) if, on January 1, 2005, 
                                the subscriber is receiving such 
                                distant signal and is also receiving 
                                such local signal; and
                                    ``(bb) the satellite carrier of the 
                                subscriber submits to that television 
                                network a list, aggregated by 
                                designated market area (as defined in 
                                section 122(j)(2)(C)), that identifies 
                                that subscriber by name and address 
                                (street or RFD number, city, State, and 
                                zip code) and specifies the distant 
                                signals received by the subscriber not 
                                later than--
                                            ``(AA) 60 days after the 
                                        date of enactment of the 
                                        Satellite Home Viewer Extension 
                                        Act of 2004; or
                                            ``(BB) March 1, 2005; or
                                    ``(II)(aa) if, on January 1, 2005, 
                                the subscriber is receiving such 
                                distant signal and is not receiving 
                                such local signal; but
                                    ``(bb) only until such time as the 
                                subscriber elects to receive such local 
                                signal.
                            ``(ii) In a case in which the signal of a 
                        local network station affiliated with the same 
                        television network pursuant to the statutory 
                        license under section 122 is not made available 
                        by that satellite carrier to a subscriber on 
                        January 1, 2005, the statutory license under 
                        paragraph (2) shall apply only to secondary 
                        transmissions by that satellite carrier of the 
                        distant signal of a network station affiliated 
                        with the same network to any person--
                                    ``(I) who is subscriber of that 
                                satellite carrier on January 1, 2005; 
                                or
                                    ``(II) who becomes a subscriber of 
                                that satellite carrier after such date 
                                but before the local signal is 
                                available,
                        but only until such time as the subscriber 
                        elects to receive the local signal from that 
                        satellite carrier.
                    ``(B) Future applicability.--The statutory license 
                under paragraph (2) shall not apply to secondary 
                transmissions by a satellite carrier of a primary 
                transmission of a network station to a subscriber in a 
                location to which the signal of a local network station 
                affiliated with the same television network was made 
                available by that satellite carrier, before that person 
                seeks to subscribe to a distant network station, 
                pursuant to the statutory license under section 122.
                    ``(C) Other provisions not affected.--This 
                paragraph shall not affect the applicability of the 
                statutory license to secondary transmissions under 
                paragraph (3) or to unserved households included under 
                subsection (a)(12).
                    ``(D) Signals made available.--For purposes of this 
                paragraph, a local signal shall be considered to be 
                made available to a subscriber if the satellite carrier 
                in question offers that local signal to any subscriber 
                within the same zip code.''.
            (2) Subsection (b)(1) is amended by striking subparagraph 
        (B) and inserting the following:
                    ``(B) a royalty fee for that 6-month period, 
                computed by multiplying the total number of subscribers 
                receiving each secondary transmission of each 
                superstation or network station during each calendar 
                month by the appropriate rate in effect under this 
                section.''.
            (3) Subsection (b)(1) is further amended by adding at the 
        end the following flush sentence:
        ``Notwithstanding the provisions of subparagraph (B), a 
        satellite carrier whose secondary transmissions are subject to 
        statutory licensing under paragraph (1) or (2) of subsection 
        (a) shall have no royalty obligation for secondary 
        transmissions to a subscriber who resides outside the local 
        market of the station (as defined in section 122(j)(2)) but 
        within a community in which the signal of that station is 
        determined to be significantly viewed in accordance with the 
provisions of section 76.54 of title 47 of the Code of Federal 
Regulations, as in effect on the date of enactment of the Satellite 
Home Viewer Extension Act of 2004.''.
            (4) Subsection (c) is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Applicability and determination of royalty fees.--The 
        appropriate rate for purposes of determining the royalty fee 
        under subsection (b)(1)(B) shall be the appropriate rate set 
        forth in part 258 of title 37, Code of Federal Regulations, as 
        in effect on the date of the enactment of the Satellite Home 
        Viewer Extension Act of 2004, until such rate expires on May 
        31, 2005. Beginning on June 1, 2005, the royalty fee under 
        subsection (b)(1)(B) shall be such rate as modified under this 
        subsection.'';
                    (B) by striking paragraph (2);
                    (C) in paragraph (3)--
                            (i) by redesignating that paragraph as 
                        paragraph (2);
                            (ii) in subparagraph (A)--
                                    (I) by striking ``January 1, 
                                1997,'' and inserting ``June 1, 
                                2005,'';
                                    (II) by striking ``who are not 
                                parties to a voluntary agreement filed 
                                with the Copyright Office in accordance 
                                with paragraph (2) and inserting ``who 
                                are not parties to a voluntary 
                                agreement filed with the Copyright 
                                Office by January 1, 2005''; and
                                    (III) by striking ``Such 
                                arbitration proceeding shall be 
                                conducted under chapter 8.'';
                            (iii) in subparagraph (C), by striking ``as 
                        provided'' and all that follows through 
                        ``later'' and inserting ``as provided under 
                        section 802(g), or on June 1, 2005''; and
                            (iv) by striking subparagraph (D); and
                    (D) by striking paragraphs (4) and (5) and 
                inserting the following:
            ``(3) Cost of living adjustment.--The royalty rates set 
        forth in subsection (b)(1)(B), as adjusted under paragraph (2) 
        of this subsection, shall be adjusted by the Librarian of 
        Congress on January 1, 2006, and on January 1 of each year 
        thereafter, to reflect any changes occurring during the 
        preceding 12 months in the cost of living as determined by the 
        most recent Consumer Price Index so published.
            ``(4) Reductions.--The rate of the royalty fee determined 
        under paragraph (2)--
                    ``(A) for superstations shall be reduced by 30 
                percent; and
                    ``(B) for network stations shall be reduced by 45 
                percent.''.
            (5) Subsection (d) is amended--
                    (A) by amending paragraph (9) to read as follows:
            ``(9) Superstation.--The term `superstation' means a 
        television broadcast station, other than a network station, 
        licensed by the Federal Communications Commission that is 
        secondarily transmitted by a satellite carrier.'';
                    (B) in paragraph (10)(D), by striking ``(a)(11)'' 
                and inserting ``(a)(12)''; and
                    (C) by striking paragraph (12).

SEC. 5. LOW POWER TELEVISION STATIONS.

    (a) In General.--Section 119(a) of title 17, United States Code (as 
amended by sections 3 and 4 of this Act), is further amended by adding 
at the end the following:
            ``(14) Carriage of low power television stations.--
                    ``(A) In general.--Notwithstanding paragraph 
                (2)(B), and subject to subparagraphs (B) through (F) of 
                this paragraph, the statutory license provided for in 
                paragraphs (1) and (2) shall apply to the secondary 
                transmission of the signal of a network station or a 
                superstation that is licensed as a low power television 
                station, to a subscriber who resides within the same 
                local market.
                    ``(B) Geographic limitation.--
                            ``(i) Network stations.--With respect to 
                        network stations, secondary transmissions 
                        provided for in subparagraph (A) shall be 
                        limited to secondary transmissions to 
                        subscribers who--
                                    ``(I) reside in the same local 
                                market as the station originating the 
                                signal; and
                                    ``(II) reside within 35 miles of 
                                the transmitter site of such 
station, except that in the case of such a station located in a 
standard metropolitan statistical area which has 1 of the 50 largest 
populations of all standard metropolitan statistical areas (based on 
the 1980 decennial census of population taken by the Secretary of 
Commerce), the number of miles shall be 20.
                            ``(ii) Superstations.--With respect to 
                        superstations, secondary transmissions provided 
                        for in subparagraph (A) shall be limited to 
                        secondary transmissions to subscribers who 
                        reside in the same local market as the station 
                        originating the signal.
                    ``(C) No applicability to repeaters and 
                translators.--Secondary transmissions provided for in 
                subparagraph (A) shall not apply to any low power 
                television station that retransmits the programs and 
                signals of another television station for more than 2 
                hours each day.
                    ``(D) Royalty fees.--Notwithstanding subsection 
                (b)(1)(B), a satellite carrier whose secondary 
                transmissions of a low power television station are 
                subject to statutory licensing under this section shall 
                have no royalty obligation for secondary transmissions 
                to a subscriber who resides within 35 miles of the 
                transmitter site of such station, except that in the 
                case of such a station located in a standard 
                metropolitan statistical area which has 1 of the 50 
                largest populations of all standard metropolitan 
                statistical areas (based on the 1980 decennial census 
                of population taken by the Secretary of Commerce), the 
                number of miles shall be 20. Carriage of a superstation 
                that is a low power television station within the 
                station's local market, but outside of the 35-mile or 
                20-mile radius described in the preceding sentence, 
                shall be subject to royalty payments under section 
                (b)(1)(B).
                    ``(E) Limitation to subscribers taking local-into-
                local service.--Secondary transmissions provided for in 
                subparagraph (A) shall be made only to subscribers who 
                receive secondary transmissions of signals from that 
                satellite carrier pursuant to the statutory license 
                under section 122 of this title. A satellite carrier 
                may make secondary transmissions of any signal that 
                originates as the digital signal of a low power 
                television station only if the satellite carrier does 
                so in conformity with the bandwidth requirements 
                equivalent to those under section 340(b)(2) of the 
                Communications Act of 1934 (47 U.S.C. 340(b)(2)).
                    ``(F) Optional carriage.--No low power television 
                station whose signals are secondarily transmitted under 
                this paragraph shall be entitled to insist on carriage 
                under section 338(a) of the Communications Act of 1934 
                (47 U.S.C. 338(a)), regardless of whether the satellite 
                carrier retransmits other stations in the same local 
                market pursuant to section 122, nor shall any such 
                carriage be considered in connection with section 
                338(c) of the Communications Act of 1934 (47 U.S.C. 
                338(c)).''.
    (b) Definition of Network Station, Superstation, Local Market, and 
Low Power (Including Class A) Station.--Section 119(d) of title 17, 
United States Code, (as amended by section 4 of this Act), is further 
amended--
            (1) in paragraph (2)(A), by striking ``a television 
        broadcast station'' and inserting ``a television station 
        licensed by the Federal Communications Commission'';
            (2) in paragraph (9), by striking ``a television broadcast 
        station'' and inserting ``a television station''; and
            (3) by striking paragraph (11) and inserting the following:
            ``(11) Local market.--The term ``local market'' has the 
        meaning given such term under section 122(j), except that with 
        respect to a low power television station, the term ``local 
        market'' means the designated market area in which the station 
        is located.
            ``(12) Low power television station.--The term ``low power 
        television station means a low power television as defined 
        under section 74.701(f) of title 47 of the Code of Federal 
        Regulations, as in effect on June 1, 2004. For purposes of this 
        paragraph, the term ``low power television station'' includes a 
        low power television station that has been accorded primary 
        status as a Class A television licensee under section 
        73.6001(a) of title 47 of the Code of Federal Regulations.''.

SEC. 6. STUDY.

     No later than June 30, 2008, the Register of Copyrights, in 
consultation and coordination with the Federal Communications 
Commission, shall report to the Committee on the Judiciary of the House 
of Representatives and the Committee on the Judiciary of the Senate the 
Register's findings and recommendations on the operation and revision 
of the statutory licenses under sections 111, 119, and 122 of title 17, 
United States Code. The report should include, but not be limited to, 
the following:
            (1) A comparison of the royalties paid by licensees under 
        such sections, including historical rates of increases in these 
        royalties, a comparison between the royalties under each such 
        section and the prices paid in the marketplace for comparable 
        programming.
            (2) An analysis of the differences in the terms and 
        conditions of the licenses under such sections, an analysis of 
        whether these differences are required or justified by 
        historical, technological, or regulatory differences that 
        affect the satellite and cable industries, and an analysis of 
        whether either the cable or satellite industry is placed in a 
        competitive disadvantage due to these terms and conditions.
            (3) An analysis of whether the licenses under such sections 
        are still justified by the bases upon which they were 
        originally created.
            (4) An analysis and estimate, if possible, of the royalties 
        that would be paid by each satellite carrier if they were 
        treated as a cable system and section 111 were applied in the 
        same manner, and to the same extent, as to a cable system.

SEC. 7. EFFECT ON CERTAIN PROCEEDINGS.

    Nothing in this Act shall modify any remedy imposed on a party that 
is required by a judgment of a court in any action that was brought 
before May 1, 2004, against that party for a violation of section 119 
of title 17, United States Code.




                                                       Calendar No. 584

108th CONGRESS

  2d Session

                                S. 2013

_______________________________________________________________________

                                 A BILL

    To amend section 119 of title 17, United States Code, to extend 
                   satellite home viewer provisions.

_______________________________________________________________________

                             June 17, 2004

                       Reported with an amendment