[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1037 Reported in House (RH)]






                                                  Union Calendar No. 36
109th CONGRESS
  1st Session
                                H. R. 1037

                          [Report No. 109-75]

     To make technical corrections to title 17, United States Code.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2005

    Mr. Smith of Texas (for himself and Mr. Berman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

                              May 10, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
     To make technical corrections to title 17, United States Code.

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

SECTION 1. AMENDMENTS RELATING TO 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) in clause (i)--
                            (i) in the heading, by inserting 
                        ``commercial'' after ``single'';
                            (ii) by inserting ``commercial'' after ``a 
                        single''; and
                            (iii) by striking ``(47 CFR 76.51)'' and 
                        inserting ``(section 76.51 of title 47, Code of 
                        Federal Regulations)'';
                    (B) in clause (ii), by striking ``47 of the Code'' 
                and inserting ``47, Code'';
                    (C) in clause (iii), by striking ``if the satellite 
                carrier'' and inserting ``if a satellite carrier or 
                cable system''; and
                    (D) in clause (iv)(II), by inserting ``U.S. 
                Television Household Estimates by'' after ``according 
                to''.
            (2) Subsection (a)(2)(B)(i) is amended in the last sentence 
        by striking ``under paragraph (3)'' and inserting ``authorized 
        under paragraph (3)''.
            (3) Subsection (a)(3) is amended--
                    (A) in subparagraph (A), by striking ``Commission, 
                to be'' and all that follows through the end and 
                inserting ``Commission to be significantly viewed, as 
                defined in section 76.5 of title 47, Code of Federal 
                Regulations, as in effect on April 15, 1976.''; and
                    (B) in subparagraph (C)(i) in the last sentence, by 
                inserting ``otherwise'' after ``specifically stated''.
            (4) Subsection (a)(4)(E) is amended to read as follows:
                    ``(E) Other provisions not affected.--Subparagraphs 
                (A), (B), and (C) shall not affect the applicability of 
                the statutory license to secondary transmissions 
                authorized under paragraphs (3) and (12).''.
            (5) Subsection (a)(4)(F) is amended--
                    (A) in the first sentence, by striking ``(C) or 
                (D)'' and inserting ``(A) or (B)''; and
                    (B) in the last sentence, by inserting 
                ``otherwise'' after ``specifically stated''.
            (6) Subsection (a)(14) is amended in the last sentence, by 
        inserting ``otherwise'' after ``specifically stated''.
            (7) Subsection (c)(1) is amended--
                    (A) in subparagraph (B)--
                            (i) by inserting ``notice'' after ``shall 
                        cause'';
                            (ii) by inserting ``and distributors'' 
                        after ``paid by satellite carriers''; and
                            (iii) by striking ``analog transmission'' 
                        and inserting ``analog transmissions'';
                    (B) in subparagraph (C) in the second sentence--
                            (i) by striking ``distributors and 
                        copyright'' and inserting ``distributors, and 
                        copyright''; and
                            (ii) by striking ``royalty fee'' and 
                        inserting ``royalty fees'';
                    (C) in subparagraph (D)--
                            (i) in clause (i), by striking ``that a 
                        parties thereto'' and inserting ``that are 
                        parties thereto''; and
                            (ii) in clause (ii)(I), by striking 
                        ``subparagraph (E)'' and inserting 
                        ``subparagraph (F)''; and
                    (D) in subparagraph (F)--
                            (i) in clause (i)--
                                    (I) by striking ``royalty fee'' and 
                                all that follows through 
                                ``distributors'' and inserting 
                                ``royalty fees to be paid by satellite 
                                carriers and distributors for the 
                                secondary transmission of the primary 
                                analog transmissions of network 
                                stations and superstations under 
                                subsection (b)(1)(B)''; and
                                    (II) in the last sentence, by 
                                striking ``arbitrary'' and inserting 
                                ``arbitration'';
                            (ii) in clause (ii), by striking ``fair 
                        market value of secondary transmissions'' and 
                        inserting ``fair market value of such secondary 
                        transmissions'';
                            (iii) in clause (iii)--
                                    (I) in subclause (I), by striking 
                                ``2004;'' and inserting ``2004,''; and
                                    (II) by striking all that follows 
                                subclause (I) and inserting the 
                                following:
                                    ``(II) is made by the Librarian 
                                under section 802(f) as in effect on 
                                the day before such date of enactment,
                        shall be effective as of January 1, 2005.''; 
                        and
                            (iv) in clause (iv)--
                                    (I) by striking ``(iii)'' and 
                                inserting ``clause (iii)''; and
                                    (II) by striking ``distributors and 
                                copyright owners,'' and inserting 
                                ``distributors, and copyright owners''.
            (8) Subsection (c)(2) is amended--
                    (A) in subparagraph (A), by striking ``section 
                298.3(b)(1)'' and inserting ``section 258.3(b)(1)''; 
                and
                    (B) in subparagraph (C), by striking ``accordance 
                with to'' and inserting ``accordance with''.
            (9) Subsection (a)(15)(A) is amended by striking the comma 
        after ``television station''.
            (10) Subsection (a)(16)(B) is amended by inserting a comma 
        after ``Alaska if''.
            (11) Subsection (d)(12) is amended by striking ``low power 
        television as defined'' and inserting ``low power television 
        station as defined''.
                                                  Union Calendar No. 36

109th CONGRESS

  1st Session

                               H. R. 1037

                          [Report No. 109-75]

_______________________________________________________________________

                                 A BILL

     To make technical corrections to title 17, United States Code.

_______________________________________________________________________

                              May 10, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed