[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3570 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3570


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 3, 2009

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To extend the statutory license for secondary transmissions under title 
            17, United States Code, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Satellite Home Viewer 
Reauthorization Act of 2009''.

                      TITLE I--STATUTORY LICENSES

SEC. 101. REFERENCE.

    Except as otherwise provided, whenever in this title an amendment 
is made to a section or other provision, the reference shall be 
considered to be made to such section or provision of title 17, United 
States Code.

SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE CARRIERS.

    (a) Heading Renamed.--
            (1) In general.--The heading of section 119 is amended by 
        striking ``superstations and network stations for private home 
        viewing'' and inserting ``distant television programming by 
        satellite''.
            (2) Table of contents.--The table of contents for chapter 1 
        is amended by striking the item relating to section 119 and 
        inserting the following:

``119. Limitations on exclusive rights: Secondary transmissions of 
                            distant television programming by 
                            satellite.''.
    (b) Unserved Household Defined.--Section 119(d)(10) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) cannot receive, through the use of a 
                conventional, stationary, outdoor rooftop receiving 
                antenna, an over-the-air signal containing the primary 
                stream, or, on or after January 1, 2013, the multicast 
                stream, originating in that household's local market 
                and affiliated with that network of--
                            ``(i) if the signal originates as an analog 
                        signal, Grade B intensity as defined by the 
                        Federal Communications Commission in section 
                        73.683(a) of title 47, Code of Federal 
                        Regulations, as in effect on January 1, 1999; 
                        or
                            ``(ii) if the signal originates as a 
                        digital signal, intensity defined in the values 
                        for digital television noise-limited service 
                        contour, as defined in regulations issued by 
                        the Federal Communications Commission (section 
                        73.622(e) of title 47, Code of Federal 
                        Regulations), as such regulations may be 
                        amended from time to time;'';
            (2) in subparagraph (B)--
                    (A) by striking ``subsection (a)(14)'' and 
                inserting ``subsection (a)(13),''; and
                    (B) by striking ``Satellite Home Viewer Extension 
                and Reauthorization Act of 2004'' and inserting 
                ``Satellite Home Viewer Reauthorization Act of 2009''; 
                and
            (3) in subparagraph (D), by striking ``(a)(12)'' and 
        inserting ``(a)(11)''.
    (c) Filing Fee.--Section 119(b)(1) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) a filing fee, as determined by the Register 
                of Copyrights pursuant to section 708(a).''.
    (d) Emergency Monitoring, Planning, or Responding.--Section 119(a) 
is amended by adding at the end the following:
            ``(17) Retransmission for emergency preparation, response, 
        or recovery.--
                    ``(A) Authority.--The secondary transmission by a 
                satellite carrier of a performance or display of a work 
                embodied in a primary transmission of a television 
                broadcast station is not an infringement of copyright 
                if such secondary transmission is made--
                            ``(i) to a Federal governmental body 
                        designated by the Office of Emergency 
                        Communications, in coordination with the 
                        Federal Communications Commission, or an 
                        organization established with the purpose of 
                        carrying out a system of national and 
                        international relief efforts and chartered 
                        under section 300101 of title 36;
                            ``(ii) to officers or employees of such 
                        body or such organization as a part of the 
                        official duties or employment of such officers 
                        or employees;
                            ``(iii) at the request of the Secretary of 
                        Homeland Security; and
                            ``(iv) for the sole purpose of preparing 
                        for, responding to, or recovering from an 
                        emergency described under subparagraph (B).
                    ``(B) Emergencies.--An emergency is described under 
                this subparagraph if the Secretary of Homeland Security 
                identifies such emergency as a major disaster, a 
                catastrophic incident, an act of terrorism, or a 
                transportation security incident.
                    ``(C) Regulations.--Not later than 6 months after 
                the date of the enactment of this paragraph, the 
                Secretary of Homeland Security, in coordination with 
                the Federal Communications Commission, the National 
                Telecommunications and Information Administration, and 
                the Register of Copyrights, shall issue regulations to 
                protect copyright owners by preventing the unauthorized 
                access to the secondary transmissions described in 
                subparagraph (A).
                    ``(D) Reports to congressional committees.--Not 
                later than one year after the date of the enactment of 
                this paragraph and by September 30 of each year 
                thereafter, the Secretary of Homeland Security, acting 
                through the Office of Emergency Communications, shall 
                submit a report to the Committees on the Judiciary, on 
                Homeland Security, and on Energy and Commerce of the 
                House of Representatives and the Committees on the 
                Judiciary, on Homeland Security, and on Commerce, 
                Science, and Transportation of the Senate describing--
                            ``(i) the manner in which the authority 
                        granted under subparagraph (A) is being used, 
                        including to whom and for what purposes the 
                        secondary transmissions are being provided; and
                            ``(ii) any additional legislative 
                        recommendations the Secretary may have.
                    ``(E) Definitions.--As used in this paragraph:
                            ``(i) Terrorism.--The term `terrorism' has 
                        the meaning given that term in section 2(16) of 
                        the Homeland Security Act of 2002 (6 U.S.C. 
                        101(16)).
                            ``(ii) Transportation security incident.--
                        The term `transportation security incident' has 
                        the meaning given that term in section 70101 of 
                        title 46.
                            ``(iii) Catastrophic incident.--The term 
                        `catastrophic incident' means any natural 
                        disaster, act of terrorism, or other man-made 
                        disaster that results in extraordinary levels 
                        of casualties or damage or disruption severely 
                        affecting the population (including mass 
                        evacuations), infrastructure, the environment, 
                        the economy, national morale, or government 
                        functions in a geographic area.
                    ``(F) Effective date.--This paragraph shall apply 
                with respect to secondary transmissions described under 
                subparagraph (A) that are made after the end of the 30-
                day period beginning on the effective date of the 
                regulations issued by the Secretary of Homeland 
                Security under subparagraph (C).''.
    (e) License Provided for Certain Networks of Noncommercial 
Educational Broadcast Stations.--Section 119(a)(2)(C) is amended by 
adding at the end the following new clause:
                            ``(vi) Networks of noncommercial 
                        educational broadcast stations.--In the case of 
                        a system of three or more noncommercial 
                        educational broadcast stations licensed by a 
                        single State, public agency, or political, 
                        educational, or special purpose subdivision of 
                        a State, the statutory license provided for in 
                        subparagraph (A) shall apply to the secondary 
                        transmission of the primary transmission of 
                        such system to any subscriber in any county 
                        within such State, if such subscriber is 
                        located in a designated market area that is not 
                        otherwise eligible to receive the secondary 
                        transmission of the primary transmission of a 
                        noncommercial educational broadcast station 
                        located with the State pursuant to section 
                        122(a).''.
    (f) Deposit of Statements and Fees; Verification Procedures.--
Section 119(b) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``(b) Deposit of Statements and Fees; Verification 
        Procedures.--'';
            (2) in paragraph (1), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) a royalty fee payable to copyright owners 
                pursuant to paragraph (4) for that 6 month period, 
                computed by multiplying the total number of subscribers 
                receiving each secondary transmission of a primary or 
                multicast stream of each non-network station or network 
                station during each calendar year month by the 
                appropriate rate in effect under this subsection''.
            (3) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Verification of accounts and fee payments.--The 
        Register of Copyrights shall issue regulations to permit 
        interested parties to verify and audit the statements of 
        account and royalty fees submitted by satellite carriers under 
        this subsection.'';
            (5) in paragraph (3), as redesignated, in the first 
        sentence--
                    (A) by inserting ``(including the filing fee 
                specified in paragraph (1)(C))'' after ``shall receive 
                all fees''; and
                    (B) by striking ``paragraph (4)'' and inserting 
                ``paragraph (5)'';
            (6) in paragraph (4), as redesignated--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraph (3)''; and
                    (B) by striking ``paragraph (4)'' each place it 
                appears and inserting ``paragraph (5)''; and
            (7) in paragraph (5), as redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraph (3)''.
    (g) Adjustment of Royalty Fees.--Section 119(c) is amended as 
follows:
            (1) Paragraph (1) is amended--
                    (A) in the heading for such paragraph, by striking 
                ``analog'';
                    (B) in subparagraph (A)--
                            (i) by striking ``primary analog 
                        transmissions'' and inserting ``primary 
                        transmissions''; and
                            (ii) by striking ``July 1, 2004'' and 
                        inserting ``July 1, 2009'';
                    (C) in subparagraph (B)--
                            (i) by striking ``January 2, 2005, the 
                        Librarian of Congress'' and inserting ``January 
                        4, 2010, the Copyright Royalty Judges''; and
                            (ii) by striking ``primary analog 
                        transmission'' and inserting ``primary 
                        transmissions'';
                    (D) in subparagraph (C), by striking ``Librarian of 
                Congress'' and inserting ``Copyright Royalty Judges'';
                    (E) in subparagraph (D)--
                            (i) in clause (i)--
                                    (I) by striking ``(i) Voluntary 
                                agreements'' and inserting the 
                                following:
                            ``(i) Voluntary agreements; filing.--
                        Voluntary agreements''; and
                                    (II) by striking ``that a parties'' 
                                and inserting ``that are parties''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``(ii)(I) Within'' 
                                and inserting the following:
                            ``(ii) Procedure for adoption of fees.--
                                    ``(I) Publication of notice.--
                                Within'';
                                    (II) in subclause (I), by striking 
                                ``an arbitration proceeding pursuant to 
                                subparagraph (E)'' and inserting ``a 
                                proceeding under subparagraph (F)'';
                                    (III) in subclause (II), by 
                                striking ``(II) Upon receiving a 
                                request under subclause (I), the 
                                Librarian of Congress'' and inserting 
                                the following:
                                    ``(II) Public notice of fees.--Upon 
                                receiving a request under subclause 
                                (I), the Copyright Royalty Judges''; 
                                and
                                    (IV) in subclause (III)--
                                            (aa) by striking ``(III) 
                                        The Librarian'' and inserting 
                                        the following:
                                    ``(III) Adoption of fees.--The 
                                Copyright Royalty Judges'';
                                            (bb) by striking ``an 
                                        arbitration proceeding'' and 
                                        inserting ``the proceeding 
                                        under subparagraph (F)''; and
                                            (cc) by striking ``the 
                                        arbitration proceeding'' and 
                                        inserting ``that proceeding'';
                    (F) in subparagraph (E)--
                            (i) by striking ``Copyright Office'' and 
                        inserting ``Copyright Royalty Judges''; and
                            (ii) by striking ``December 31, 2009'' and 
                        inserting ``December 31, 2014''; and
                    (G) in subparagraph (F)--
                            (i) in the heading, by striking 
                        ``compulsory arbitration'' and inserting `` 
                        copyright royalty judges proceeding'';
                            (ii) in clause (i)--
                                    (I) in the heading, by striking 
                                ``proceedings'' and inserting ``the 
                                proceeding'';
                                    (II) in the matter preceding 
                                subclause (I)--
                                            (aa) by striking ``May 1, 
                                        2005, the Librarian of 
                                        Congress'' and inserting ``May 
                                        3, 2010, the Copyright Royalty 
                                        Judges'';
                                            (bb) by striking 
                                        ``arbitration proceedings'' and 
                                        inserting ``a proceeding'';
                                            (cc) by striking ``fee to 
                                        be paid'' and inserting ``fees 
                                        to be paid'';
                                            (dd) by striking ``primary 
                                        analog transmission'' and 
                                        inserting ``the primary 
                                        transmissions''; and
                                            (ee) by striking 
                                        ``distributors'' and inserting 
                                        ``distributors--'';
                                    (III) in subclause (II)--
                                            (aa) by striking 
                                        ``Librarian of Congress'' and 
                                        inserting ``Copyright Royalty 
                                        Judges''; and
                                            (bb) by striking 
                                        ``arbitration''; and
                                    (IV) by amending the last sentence 
                                to read as follows: ``Such proceeding 
                                shall be conducted under chapter 8.'';
                            (iii) in clause (ii), by amending the 
                        matter preceding subclause (I) to read as 
                        follows:
                            ``(ii) Establishment of royalty fees.--In 
                        determining royalty fees under this 
                        subparagraph, the Copyright Royalty Judges 
                        shall establish fees for the secondary 
                        transmissions of the primary transmissions of 
                        network stations and non-network stations that 
                        most clearly represent the fair market value of 
                        secondary transmissions, except that the 
                        Copyright Royalty Judges shall adjust royalty 
                        fees to account for the obligations of the 
                        parties under any applicable voluntary 
                        agreement filed with the Copyright Royalty 
                        Judges in accordance with subparagraph (D). In 
                        determining the fair market value, the Judges 
                        shall base their decision on economic, 
                        competitive, and programming information 
                        presented by the parties, including--'';
                            (iv) by amending clause (iii) to read as 
                        follows:
                            ``(iii) Effective date for decision of 
                        copyright royalty judges.--The obligation to 
                        pay the royalty fees established under a 
                        determination that is made by the Copyright 
                        Royalty Judges in a proceeding under this 
                        paragraph shall be effective as of January 1, 
                        2010.''; and
                            (v) in clause (iv)--
                                    (I) in the heading, by striking 
                                ``fee'' and inserting ``fees''; and
                                    (II) by striking ``fee'' and 
                                inserting ``fees''.
            (2) Paragraph (2) is amended to read as follows:
            ``(2) Annual royalty fee adjustment.--Effective January 1 
        of each year, the royalty fee payable under subsection 
        (b)(1)(B) for the secondary transmission of the primary 
        transmissions of network stations and non-network stations 
        shall be adjusted by the Copyright Royalty Judges to reflect 
        any changes occurring in the cost of living as determined by 
        the most recent Consumer Price Index (for all consumers and for 
        all items) published by the Secretary of Labor before December 
        1 of the preceding year. Notification of the adjusted fees 
        shall be published in the Federal Register at least 25 days 
        before January 1.''.
    (h) Definitions.--
            (1) Subscriber.--Section 119(d)(8) is amended to read as 
        follows:
            ``(8) Subscriber; subscribe.--
                    ``(A) Subscriber.--The term `subscriber' means a 
                person or entity that receives a secondary transmission 
                service from a satellite carrier and pays a fee for the 
                service, directly or indirectly, to the satellite 
                carrier or to a distributor.
                    ``(B) Subscribe.--The term `subscribe' means to 
                elect to become a subscriber.''.
            (2) Low power television station.--Section 119(d)(12) is 
        amended by striking ``low power television as'' and inserting 
        ``low power TV station as''.
            (3) Local market.--Section 119(d)(11) is amended to read as 
        follows:
            ``(11) Local market.--The term `local market' has the 
        meaning given such term under section 122(j).''.
            (4) Noncommercial educational broadcast station.--Section 
        119(d) is amended--
                    (A) in paragraph (2)(B), by striking ``(as defined 
                in section 397 of the Communications Act of 1934)''; 
                and
                    (B) by adding at the end the following:
            ``(14) Noncommercial educational broadcast station.--The 
        term `noncommercial educational broadcast station' means a 
        television broadcast station that--
                    ``(A) under the rules and regulations of the 
                Federal Communications Commission in effect on November 
                2, 1978, is eligible to be licensed by the Federal 
                Communications Commission as a noncommercial 
                educational television broadcast station and is owned 
                and operated by a public agency or nonprofit private 
                foundation, corporation, or association; or
                    ``(B) is owned and operated by a municipality and 
                transmits only noncommercial programs for education 
                purposes.''.
            (5) Multicast stream.--Section 119(d), as amended by 
        paragraph (4), is further amended by adding at the end the 
        following new paragraph:
            ``(15) Multicast stream.--The term `multicast stream' means 
        a digital stream containing programming and program-related 
        material affiliated with a television network, other than the 
        primary stream.''.
            (6) Primary stream.--Section 119(d), as amended by 
        paragraph (5), is further amended by adding at the end the 
        following new paragraph:
            ``(16) Primary stream.--The term `primary stream' means--
                    ``(A) the single digital stream of programming as 
                to which a television broadcast station has the right 
                to mandatory carriage with a satellite carrier under 
                the rules of the Federal Communications Commission in 
                effect on July 1, 2009; or
                    ``(B) if there is no such stream, either--
                            ``(i) the single digital stream of 
                        programming associated with the network last 
                        transmitted by the station as an analog signal; 
                        or
                            ``(ii) the single digital stream of 
                        programming affiliated with the network that, 
                        as of July 1, 2009, had been offered by the 
                        television broadcast station for the longest 
                        period of time.''.
            (7) Clerical amendment.--Section 119(d) is amended in 
        paragraphs (1), (2), and (5) by striking ``which'' each place 
        it appears and inserting ``that''.
    (i) Superstation Redesignated as Non-network Station.--Section 119 
is amended--
            (1) by striking ``superstation'' each place it appears in a 
        heading and each place it appears in text and inserting ``non-
        network station''; and
            (2) by striking ``superstations'' each place it appears in 
        a heading and each place it appears in text and inserting 
        ``non-network stations''.
    (j) Low Power Television Stations.--Section 119(a)(15) is amended 
to read as follows:
            ``(15) Secondary transmissions of low power television 
        programming.--
                    ``(A) In general.--Notwithstanding paragraph 
                (2)(B), and subject to subparagraphs (B) through (D) of 
                this paragraph, the statutory license provided for in 
                paragraph (1) shall apply to the secondary transmission 
                by a satellite carrier of the primary transmission of 
                the programming of a non-network station that is 
                licensed as a low power television station, to a 
                subscriber who resides within the same designated 
                market area as the station that originates the 
                programming signal.
                    ``(B) 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.
                    ``(C) Royalty fees.--A satellite carrier whose 
                secondary transmission of the primary transmission of 
                the programming of a low power television station is 
                subject to statutory licensing under this section shall 
                be subject to royalty payments under subsection 
                (b)(1)(B) for any transmission to a subscriber outside 
                of the local market of the low power television 
                station.
                    ``(D) Limitation to subscribers taking local-into-
                local service.--Secondary transmissions provided for in 
                subparagraph (A) may be made by a satellite carrier 
                only to subscribers who receive secondary transmissions 
                of primary transmissions from that satellite carrier 
                pursuant to the statutory license under section 122.''.
    (k) Removal of Significantly Viewed Provision.--
            (1) Removal of provision.--Section 119(a), as amended by 
        subsections (d) and (j), is amended by striking paragraph (3) 
        and redesignating paragraphs (4) through (17) as paragraphs (3) 
        through (16), respectively.
            (2) Conforming amendments.--Section 119 is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``(5), 
                        (6), and (8)'' and inserting ``(4), (5), and 
                        (7)'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``paragraphs (5), (6), (7), 
                                and (8)'' and inserting ``paragraphs 
                                (4), (5), (6), and (7)'';
                                    (II) in subparagraph (B)(i), by 
                                striking the second sentence; and
                                    (III) in subparagraph (D), by 
                                striking clauses (i) and (ii) and 
                                inserting the following:
                            ``(i) Initial lists.--A satellite carrier 
                        that makes secondary transmissions of a primary 
                        transmission made by a network station pursuant 
                        to subparagraph (A) shall, not later than 90 
                        days after commencing such secondary 
                        transmissions, submit to the network that owns 
                        or is affiliated with the network station a 
                        list identifying (by name and address, 
                        including street or rural route number, city, 
                        State, and 9-digit zip code) all subscribers to 
                        which the satellite carrier makes secondary 
                        transmissions of that primary transmission to 
                        subscribers in unserved households.
                            ``(ii) Monthly lists.--After the submission 
                        of the initial lists under clause (i), the 
                        satellite carrier shall, not later than the 
                        15th of each month, submit to the network a 
                        list identifying (by name and address, 
                        including street or rural route number, city, 
                        State, and 9-digit zip code) any persons who 
                        have been added or dropped as subscribers under 
                        clause (i) since the last submission under 
                        clause (i).''; and
                            (iii) in subparagraph (E) of paragraph (3) 
                        (as redesignated)--
                                    (I) by striking ``under paragraph 
                                (3) or''; and
                                    (II) by striking ``paragraph (12)'' 
                                and inserting ``paragraph (11)''; and
                    (B) in subsection (b)(1), by striking the final 
                sentence.
    (l) Modifications to Provisions for Secondary Transmissions by 
Satellite Carriers.--
            (1) Predictive model.--Section 119(a)(2)(B)(ii) is amended 
        by adding at the end the following:
                                    ``(III) Accurate predictive model 
                                with respect to digital signals.--
                                Notwithstanding subclause (I), in 
                                determining presumptively whether a 
                                person resides in an unserved household 
                                under subsection (d)(10)(A) with 
                                respect to digital signals, a court 
                                shall rely on a predictive model set 
                                forth by the Federal Communications 
                                Commission pursuant to a rulemaking as 
                                provided in section 339(c)(3) of the 
                                Communications Act of 1934 (47 U.S.C. 
                                339(c)(3)), as that model may be 
                                amended by the Commission over time 
                                under such section to increase the 
                                accuracy of that model. Until such time 
                                as the Commission sets forth such 
                                model, a court shall rely on the 
                                predictive model as recommended by the 
                                Commission with respect to digital 
                                signals in its Report to Congress in ET 
                                Docket N. 05-182, FCC 05-199 (released 
                                December 9, 2005).''.
            (2) Modifications to statutory license where 
        retransmissions into local market available.--Section 119(a)(3) 
        (as redesignated) is amended--
                    (A) by striking ``analog'' each place it appears in 
                a heading and text;
                    (B) by striking subparagraphs (B), (C), and (D), 
                and inserting the following:
                    ``(B) Rules for lawful subscribers as of date of 
                enactment of 2009 act.--In the case of a subscriber of 
                a satellite carrier who, on the day before the date of 
                the enactment of the Satellite Home Viewer 
                Reauthorization Act of 2009, was lawfully receiving the 
                secondary transmission of the primary transmission of a 
                network station under the statutory license under 
                paragraph (2) (in this subparagraph referred to as the 
                `distant signal'), other than subscribers to whom 
                subparagraph (A) applies, the statutory license under 
                paragraph (2) shall apply to secondary transmissions by 
                that satellite carrier to that subscriber of the 
                distant signal of a station affiliated with the same 
                television network, and the subscriber's household 
                shall continue to be considered to be an unserved 
                household with respect to such network, until such time 
                as the subscriber elects to terminate such secondary 
                transmissions.
                    ``(C) Rules for new subscribers after enactment of 
                2009 act.--In the case of a person who first seeks to 
                subscribe with a satellite carrier, on or after the 
                date of the enactment of the Satellite Home Viewer 
                Reauthorization Act of 2009, to receive secondary 
                transmissions of the primary transmission of a network 
                station under the statutory license under paragraph (2) 
                (in this subparagraph referred to as the `distant 
                signal'), the following shall apply:
                            ``(i) Except in a case in which clause (ii) 
                        applies, the statutory license under paragraph 
                        (2) shall apply to secondary transmissions by 
                        that satellite carrier to that subscriber of 
                        the distant signal of a station affiliated with 
                        the same television network, and the 
                        subscriber's household shall continue to be 
                        considered an unserved household with respect 
                        to such network, until such time as the 
                        satellite carrier makes available to the 
                        subscriber and the subscriber receives from the 
                        satellite carrier the secondary transmission of 
                        the primary transmission of a primary stream or 
                        a multicast stream affiliated with that network 
                        and located in the subscriber's local market.
                            ``(ii) If, at the time such person seeks to 
                        so subscribe, the satellite carrier does not 
                        offer service in the subscriber's local market 
                        pursuant to section 122, the statutory license 
                        under paragraph (2) shall apply to secondary 
                        transmissions by that satellite carrier to that 
                        subscriber of the distant signal of a station 
                        affiliated with the same television network, 
                        and the subscriber's household shall continue 
                        to be considered an unserved household with 
                        respect to such network, until such time as the 
                        subscriber elects to terminate such secondary 
                        transmissions.'';
                    (C) by redesignating subparagraphs (E), (F), and 
                (G) as subparagraphs (D), (E), and (F), respectively;
                    (D) in subparagraph (E) (as redesignated), by 
                striking ``(C) or (D)'' and inserting ``(B) or (C)''; 
                and
                    (E) in subparagraph (F) (as redesignated), by 
                inserting ``9-digit'' before ``zip code''.
            (3) Statutory damages for territorial restrictions.--
        Section 119(a)(6) (as redesignated) is amended--
                    (A) in subparagraph (A)(ii), by striking ``$5'' and 
                inserting ``$250'';
                    (B) in subparagraph (B)----
                            (i) in clause (i), by striking ``$250,000 
                        for each 6-month period'' and inserting 
                        ``$2,500,000 for each 3-month period''; and
                            (ii) in clause (ii), by striking 
                        ``$250,000'' and inserting ``$2,500,000''; and
                    (C) by adding at the end the following flush 
                sentence:
                ``The court shall direct one half of any statutory 
                damages ordered under clause (i) to be deposited with 
                the Register of Copyrights for distribution to 
                copyright owners pursuant to subsection (b). The 
                Copyright Royalty Judges shall issue regulations 
                establishing procedures for distributing such funds, on 
                a proportional basis, to copyright owners whose works 
                were included in the secondary transmissions that were 
                the subject of the statutory damages.''.
            (4) Clerical amendment.--Section 119(a)(2)(B)(iii)(II) is 
        amended by striking ``In this clause'' and inserting ``In this 
        clause,''.
    (m) Moratorium Extension.--Section 119(e) is amended by striking 
``2009'' and inserting ``2014''.
    (n) Clerical Amendments.--Section 119 is amended--
            (1) by striking ``of the Code of Federal Regulations'' each 
        place it appears and inserting ``, Code of Federal 
        Regulations''; and
            (2) in subsection (d)(6), by striking ``or the Direct'' and 
        inserting ``, or the Direct''.

SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE CARRIERS IN 
              LOCAL MARKETS.

    (a) Heading Renamed.--
            (1) In general.--The heading of section 122 is amended by 
        striking ``by satellite carriers within local markets'' and 
        inserting ``of local television programming by satellite''.
            (2) Table of contents.--The table of contents for chapter 1 
        is amended by striking the item relating to section 122 and 
        inserting the following:

``122. Limitations on exclusive rights: Secondary transmissions of 
                            local television programming by 
                            satellite.''.
    (b) Statutory License.--Section 122(a) is amended to read as 
follows:
    ``(a) Secondary Transmissions Into Local Markets.--
            ``(1) Secondary transmissions of television broadcast 
        stations within a local market.--A secondary transmission of a 
        performance or display of a work embodied in a primary 
        transmission of a television broadcast station into the 
        station's local market shall be subject to statutory licensing 
        under this section if--
                    ``(A) the secondary transmission is made by a 
                satellite carrier to the public;
                    ``(B) with regard to secondary transmissions, the 
                satellite carrier is in compliance with the rules, 
                regulations, or authorizations of the Federal 
                Communications Commission governing the carriage of 
                television broadcast station signals; and
                    ``(C) the satellite carrier makes a direct or 
                indirect charge for the secondary transmission to--
                            ``(i) each subscriber receiving the 
                        secondary transmission; or
                            ``(ii) a distributor that has contracted 
                        with the satellite carrier for direct or 
                        indirect delivery of the secondary transmission 
                        to the public.
            ``(2) Significantly viewed stations.--
                    ``(A) In general.--The statutory license under 
                paragraph (1) shall apply to the secondary transmission 
                of the primary transmission of a network station or a 
                non-network station to a subscriber who resides outside 
                the station's local market but within a community in 
                which the signal has been determined by the Federal 
                Communications Commission to be significantly viewed in 
                such community, pursuant to the rules, regulations, and 
                authorizations of the Federal Communications Commission 
                in effect on April 15, 1976, applicable to determining 
                with respect to a cable system whether signals are 
                significantly viewed in a community.
                    ``(B) Limitation.--Subparagraph (A) shall apply 
                only to secondary transmissions of the primary 
                transmissions of network stations or non-network 
                stations to subscribers who receive secondary 
                transmissions from a satellite carrier pursuant to the 
                statutory license under paragraph (1).
                    ``(C) Waiver.--A subscriber who is denied the 
                secondary transmission of the primary transmission of a 
                network station or a non-network station under 
                subparagraph (B) may request a waiver from such denial 
                by submitting a request, through the subscriber's 
                satellite carrier, to the network station or non-
                network station in the local market affiliated with the 
                same network or non-network where the subscriber is 
                located. The network station or non-network station 
                shall accept or reject the subscriber's request for a 
                waiver within 30 days after receipt of the request. If 
                the network station or non-network station fails to 
                accept or reject the subscriber's request for a waiver 
                within that 30-day period, that network station or non-
                network station shall be deemed to agree to the waiver 
                request.
            ``(3) Secondary transmission of low power programming.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D) of this paragraph, the statutory license 
                provided under paragraph (1) shall apply to the 
                secondary transmission by a satellite carrier of the 
                primary transmission of a network station or a non-
                network station that is licensed as a low power 
                television station, to a subscriber who resides within 
                the same local market as the station that originates 
                the transmission.
                    ``(B) 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.
                    ``(C) Limitation to subscribers taking local-into-
                local service.--Secondary transmissions by a satellite 
                carrier provided for in subparagraph (A) may be made 
                only to subscribers who receive secondary transmissions 
                of primary transmissions from that satellite carrier 
                pursuant to the statutory license in paragraph (1), and 
                only in conformity with the requirements under section 
                340(b) of the Communications Act of 1934, as in effect 
                on the date of the enactment of the Satellite Home 
                Viewer Reauthorization Act of 2009.
                    ``(D) No impact on other secondary transmissions 
                obligations.--A satellite carrier that makes secondary 
                transmissions of a primary transmission of a low power 
                television station under a statutory license provided 
                under this section is not required, by reason of such 
                secondary transmissions, to make any other secondary 
                transmissions.''.
    (c) Reporting Requirements.--Section 122(b) is amended--
            (1) in paragraph (1), by striking ``station a list'' and 
        all that follows through the end and inserting the following: 
        ``station--
                    ``(A) a list identifying (by name in alphabetical 
                order and street address, including county and 9-digit 
                zip code) all subscribers to which the satellite 
                carrier makes secondary transmissions of that primary 
                transmission under subsection (a); and
                    ``(B) a separate list, aggregated by designated 
                market area (by name and address, including street or 
                rural route number, city, State, and 9-digit zip code), 
                which shall indicate those subscribers being served 
                pursuant to subsection (a)(2), relating to 
                significantly viewed stations.''; and
            (2) in paragraph (2), by striking ``network a list'' and 
        all that follows through the end and inserting the following: 
        ``network--
                    ``(A) a list identifying (by name in alphabetical 
                order and street address, including county and 9-digit 
                zip code) any subscribers who have been added or 
                dropped as subscribers since the last submission under 
                this subsection; and
                    ``(B) a separate list, aggregated by designated 
                market area (by name and street address, including 
                street or rural route number, city, State, and 9-digit 
                zip code), identifying those subscribers whose service 
                pursuant to subsection (a)(2), relating to 
                significantly viewed stations, has been added or 
                dropped since the last submission under this 
                subsection.''.
    (d)  Violations for Territorial Restrictions.--
            (1) Modification to statutory damages.--Section 122(f) is 
        amended--
                    (A) in paragraph (1)(B), by striking ``$5'' and 
                inserting ``$250''; and
                    (B) in paragraph (2), by striking ``$250,000'' each 
                place it appears and inserting ``$2,500,000''.
            (2) Conforming amendment for significantly viewed 
        stations.--Section 122 is amended--
                    (A) in subsection (f), by striking ``section 119 
                or'' each place it appears and inserting the following: 
                ``section 119, subject to statutory licensing by reason 
                of subsection (a)(2)(A), or subject to''; and
                    (B) in subsection (g), by striking ``section 119 
                or'' and inserting the following: ``section 119, 
                subsection (a)(2)(A), or''.
    (e) Definitions.--Section 122(j) is amended--
            (1) in paragraph (1), by striking ``which contracts'' and 
        inserting ``that contracts'';
            (2) by amending paragraph (2)(A) to read as follows:
                    ``(A) In general.--The term `local market' means--
                            ``(i) in the case of a television broadcast 
                        station that is not a low power television 
                        station, the designated market area in which 
                        such station is located, and--
                                    ``(I) in the case of a commercial 
                                television broadcast station, all 
                                commercial television broadcast 
                                stations licensed to a community within 
                                the same designated market area are 
                                within the same local market; and
                                    ``(II) in the case of a 
                                noncommercial educational television 
                                broadcast station, any station that is 
                                licensed to a community within the same 
                                designated market area as the 
                                noncommercial educational television 
                                broadcast station; and
                            ``(ii) in the case of a low power 
                        television broadcast station, the area that is 
                        both--
                                    ``(I) within the designated market 
                                area in which such station is located; 
                                and
                                    ``(II) within the area 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 that 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 area within 20 miles of 
                                the transmitter site of such 
                                station.'';
            (3) in paragraph (3)--
                    (A) in the heading of such paragraph, by inserting 
                ``non-network station; noncommercial educational 
                broadcast station;'' after ``Network station;''; and
                    (B) by inserting ```non-network station; 
                noncommercial educational broadcast station','' after 
                ```network station','';
            (4) by amending paragraph (4) to read as follows:
            ``(4) Subscriber.--The term `subscriber' means a person or 
        entity that receives a secondary transmission service from a 
        satellite carrier and pays a fee for the service, directly or 
        indirectly, to the satellite carrier or to a distributor.''; 
        and
            (5) by adding at the end the following:
            ``(6) Low power television station.--The term `low power 
        television station' means a low power TV station as defined 
        under section 74.701(f) of title 47, 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, Code of Federal Regulations.''.

SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY TRANSMISSION RIGHTS 
              UNDER SECTION 111.

    (a) Heading Renamed.--
            (1) In general.--The heading of section 111 is amended by 
        inserting at the end the following: ``of broadcast programming 
        by cable''.
            (2) Table of contents.--The table of contents for chapter 1 
        is amended by striking the item relating to section 111 and 
        inserting the following:

``111. Limitations on exclusive rights: Secondary transmissions of 
                            broadcast programming by cable.''.
    (b) National Emergency Monitoring Exemption.--Section 111 is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``; or'' and 
                inserting ``or section 122;'';
                    (B) in paragraph (5), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) the secondary transmission is made by a cable system 
        for emergency preparation, response, or recovery as described 
        under subsection (g).''; and
            (2) by adding at the end the following new subsection:
    ``(g) Retransmission for Emergency Preparation, Response, or 
Recovery.--
            ``(1) Authority.--For purposes of subsection (a)(6), a 
        secondary transmission by a cable system of a performance or 
        display of a work embodied in a primary transmission by a 
        television broadcast station is made for emergency preparation, 
        response, or recovery if such transmission is made--
                    ``(A) by a cable system to a Federal governmental 
                body designated by the Office of Emergency 
                Communications, in coordination with the Federal 
                Communications Commission, or an organization 
                established with the purpose of carrying out a system 
                of national and international relief efforts and 
                chartered under section 300101 of title 36;
                    ``(B) to officers or employees of such body or such 
                organization as a part of the official duties or 
                employment of such officers or employees;
                    ``(C) at the request of the Secretary of Homeland 
                Security; and
                    ``(D) for the sole purpose of preparing for, 
                responding to, or recovering from an emergency 
                described under paragraph (2).
            ``(2) Emergencies.--An emergency is described under this 
        paragraph if the Secretary of Homeland Security identifies such 
        emergency as a major disaster, a catastrophic incident, an act 
        of terrorism, or a transportation security incident.
            ``(3) Regulations.--Not later than 6 months after the date 
        of the enactment of this subsection, the Secretary of Homeland 
        Security, in coordination with the Federal Communications 
        Commission, the National Telecommunications and Information 
        Administration, and the Register of Copyrights, shall issue 
        regulations to protect copyright owners by preventing the 
        unauthorized access to the secondary transmissions described in 
        paragraph (1).
            ``(4) Reports to congressional committees.--Not later than 
        one year after the date of the enactment of this subsection and 
        by September 30 of each year thereafter, the Secretary of 
        Homeland Security, acting through the Office of Emergency 
        Communications, shall submit a report to the Committees on the 
        Judiciary, on Homeland Security, and on Energy and Commerce of 
        the House of Representatives and the Committees on the 
        Judiciary, on Homeland Security, and on Commerce, Science, and 
        Transportation of the Senate describing--
                    ``(A) the manner in which the authority granted 
                under paragraph (1) is being used, including to whom 
                and for what purposes the secondary transmissions are 
                being provided; and
                    ``(B) any additional legislative recommendations 
                the Secretary may have.
            ``(5) Definitions.--As used in this subsection:
                    ``(A) Terrorism.--The term `terrorism' has the 
                meaning given that term in section 2(16) of the 
                Homeland Security Act of 2002 (6 U.S.C. 101(16)).
                    ``(B) Transportation security incident.--The term 
                `transportation security incident' has the meaning 
                given that term in section 70101 of title 46.
                    ``(C) Catastrophic incident.--The term 
                `catastrophic incident' means any natural disaster, act 
                of terrorism, or other man-made disaster that results 
                in extraordinary levels of casualties or damage or 
                disruption severely affecting the population (including 
                mass evacuations), infrastructure, the environment, the 
                economy, national morale, or government functions in a 
                geographic area.
            ``(6) Effective date.--This subsection shall apply with 
        respect to secondary transmissions described under paragraph 
        (1) that are made after the end of the 30-day period beginning 
        on the effective date of the regulations issued by the 
        Secretary of Homeland Security under paragraph (3).''.
    (c) Statutory License for Secondary Transmissions by Cable 
Systems.--Section 111(d) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``A cable system whose 
                        secondary'' and inserting the following: 
                        ``Statement of account and royalty fees.--
                        Subject to paragraph (5), a cable system whose 
                        secondary''; and
                            (ii) by striking ``by regulation--'' and 
                        inserting ``by regulation the following:'';
                    (B) in subparagraph (A)--
                            (i) by striking ``a statement of account'' 
                        and inserting ``A statement of account''; and
                            (ii) by striking ``; and'' and inserting a 
                        period; and
                    (C) by striking subparagraphs (B), (C), and (D), 
                and inserting the following:
                    ``(B) Except in the case of a cable system whose 
                royalty fee is specified in subparagraph (E) or (F), a 
                total royalty fee payable to copyright owners pursuant 
                to paragraph (3) for the period covered by the 
                statement, computed on the basis of specified 
                percentages of the gross receipts from subscribers to 
                the cable service during such period for the basic 
                service of providing secondary transmissions of primary 
                broadcast transmitters, as follows:
                            ``(i) 1.064 percent of such gross receipts 
                        for the privilege of further transmitting, 
                        beyond the local service area of such primary 
                        transmitter, any non-network programming of a 
                        primary transmitter in whole or in part, such 
                        amount to be applied against the fee, if any, 
                        payable pursuant to clauses (ii) through (iv);
                            ``(ii) 1.064 percent of such gross receipts 
                        for the first distant signal equivalent;
                            ``(iii) 0.701 percent of such gross 
                        receipts for each of the second, third, and 
                        fourth distant signal equivalents; and
                            ``(iv) 0.330 percent of such gross receipts 
                        for the fifth distant signal equivalent and 
                        each distant signal equivalent thereafter.
                    ``(C) In computing amounts under clauses (ii) 
                through (iv) of subparagraph (B)--
                            ``(i) any fraction of a distant signal 
                        equivalent shall be computed at its fractional 
                        value;
                            ``(ii) in the case of any cable system 
                        located partly within and partly outside of the 
                        local service area of a primary transmitter, 
                        gross receipts shall be limited to those gross 
                        receipts derived from subscribers located 
                        outside of the local service area of such 
                        primary transmitter; and
                            ``(iii) if a cable system provides a 
                        secondary transmission of a primary transmitter 
                        to some but not all communities served by that 
                        cable system--
                                    ``(I) the gross receipts and the 
                                distant signal equivalent values for 
                                such secondary transmission shall be 
                                derived solely on the basis of the 
                                subscribers in those communities where 
                                the cable system provides such 
                                secondary transmission; and
                                    ``(II) the total royalty fee for 
                                the period paid by such system shall 
                                not be less than the royalty fee 
                                calculated under subparagraph (B)(i) 
                                multiplied by the gross receipts from 
                                all subscribers to the system.
                    ``(D) A cable system that, on a statement submitted 
                before the date of the enactment of the Satellite Home 
                Viewer Reauthorization Act of 2009, computed its 
                royalty fee consistent with the methodology under 
                subparagraph (C)(iii) or that amends a statement filed 
                before such date of enactment to compute the royalty 
                fee due using such methodology shall not be subject to 
                an action for infringement, or eligible for any royalty 
                refund or offset, arising out of its use of such 
                methodology on such statement.
                    ``(E) If the actual gross receipts paid by 
                subscribers to a cable system for the period covered by 
                the statement for the basic service of providing 
                secondary transmissions of primary broadcast 
                transmitters are $263,800 or less--
                            ``(i) gross receipts of the cable system 
                        for the purpose of this paragraph shall be 
                        computed by subtracting from such actual gross 
                        receipts the amount by which $263,800 exceeds 
                        such actual gross receipts, except that in no 
                        case shall a cable system's gross receipts be 
                        reduced to less than $10,400; and
                            ``(ii) the royalty fee payable under this 
                        paragraph to copyright owners pursuant to 
                        paragraph (3) shall be 0.5 percent, regardless 
                        of the number of distant signal equivalents, if 
                        any.
                    ``(F) If the actual gross receipts paid by 
                subscribers to a cable system for the period covered by 
                the statement for the basic service of providing 
                secondary transmissions of primary broadcast 
                transmitters are more than $263,800 but less than 
                $527,600, the royalty fee payable under this paragraph 
                to copyright owners pursuant to paragraph (3) shall 
                be--
                            ``(i) 0.5 percent of any gross receipts up 
                        to $263,800, regardless of the number of 
                        distant signal equivalents, if any; and
                            ``(ii) 1 percent of any gross receipts in 
                        excess of $263,800, but less than $527,600, 
                        regardless of the number of distant signal 
                        equivalents, if any.
                    ``(G) A filing fee, as determined by the Register 
                of Copyrights pursuant to section 708(a).'';
            (2) in paragraph (2), in the first sentence--
                    (A) by striking ``The Register of Copyrights'' and 
                inserting the following ``Handling of fees.--The 
                Register of Copyrights'';
                    (B) by inserting ``(including the filing fee 
                specified in paragraph (1)(G))'' after ``shall 
                receive''; and
            (3) in paragraph (3)--
                    (A) by striking ``The royalty fees'' and inserting 
                the following: ``Distribution of royalty fees to 
                copyright owners.--The royalty fees'';
                    (B) in subparagraph (A)--
                            (i) by striking ``any such'' and inserting 
                        ``Any such''; and
                            (ii) by striking ``; and'' and inserting a 
                        period;
                    (C) in subparagraph (B)--
                            (i) by striking ``any such'' and inserting 
                        ``Any such''; and
                            (ii) by striking the semicolon and 
                        inserting a period; and
                    (D) in subparagraph (C), by striking ``any such'' 
                and inserting ``Any such'';
            (4) in paragraph (4), by striking ``The royalty fees'' and 
        inserting the following: ``Procedures for royalty fee 
        distribution.--The royalty fees''; and
            (5) by adding at the end the following new paragraphs:
            ``(5) 3.75 percent rate and syndicated exclusivity 
        surcharge not applicable to multicast streams.--The royalty 
        rates specified in sections 256.2(c) and 256.2(d) of title 37, 
        Code of Federal Regulations (commonly referred to as the `3.75 
        percent rate' and the `syndicated exclusivity surcharge', 
        respectively), as in effect on the date of enactment of the 
        Satellite Home Viewer Reauthorization Act of 2009, as such 
        rates may be adjusted, or such sections redesignated, 
        thereafter by the Copyright Royalty Judges, shall not apply to 
        the secondary transmission of a multicast stream.
            ``(6) Verification of accounts and fee payments.--The 
        Register of Copyrights shall issue regulations to provide for 
        the confidential verification and audit of the information 
        reported on the semi-annual statements of account filed after 
        the date of the enactment of the Satellite Home Viewer 
        Reauthorization Act of 2009. The regulations shall provide for 
        a single verification procedure, with respect to the semi-
        annual statements of account filed by a cable system, to be 
        conducted by a qualified independent auditor on behalf of all 
        copyright owners whose works were the subject of a secondary 
        transmission to the public by a cable system of a performance 
        or display of a work embodied in a primary transmission and for 
        a mechanism to review and cure defects identified by any such 
        audit.
            ``(7) Acceptance of additional deposits.--Any royalty fee 
        payments received by the Copyright Office from cable systems 
        for the secondary transmission of primary transmissions that 
        are in addition to the payments calculated and deposited in 
        accordance with this subsection shall be deemed to have been 
        deposited for the particular accounting period for which they 
        are received and shall be distributed as specified under this 
        subsection.''.
    (d) Effective Date of New Royalty Fee Rates.--The royalty fee rates 
established in section 111(d)(1)(B) of title 17, United States Code, as 
amended by subsection (c)(1)(C) of this section, shall take effect 
commencing with the first accounting period occurring in 2010.
    (e) Definitions.--Section 111(f) is amended--
            (1) by striking the first undesignated paragraph and 
        inserting the following:
            ``(1) Primary transmission.--A `primary transmission' is a 
        transmission made to the public by a transmitting facility 
        whose signals are being received and further transmitted by a 
        secondary transmission service, regardless of where or when the 
        performance or display was first transmitted. In the case of a 
        television broadcast station, the primary stream and any 
        multicast streams transmitted by the station constitute primary 
        transmissions.'';
            (2) in the second undesignated paragraph--
                    (A) by striking ``A `secondary transmission''' and 
                inserting the following:
            ``(2) Secondary transmission.--A `secondary 
        transmission'''; and
                    (B) by striking ```cable system''' and inserting 
                ``cable system'';
            (3) in the third undesignated paragraph--
                    (A) by striking ``A `cable system''' and inserting 
                the following:
            ``(3) Cable system.--A `cable system'''; and
                    (B) by striking ``Territory, Trust Territory, or 
                Possession'' and inserting ``territory, trust 
                territory, or possession of the United States'';
            (4) in the fourth undesignated paragraph, in the first 
        sentence--
                    (A) by striking ``The `local service area of a 
                primary transmitter', in the case of a television 
                broadcast station, comprises the area in which such 
                station is entitled to insist'' and inserting the 
                following:
            ``(4) Local service area of a primary transmitter.--The 
        `local service area of a primary transmitter', in the case of 
        both the primary stream and any multicast streams transmitted 
        by a primary transmitter that is a television broadcast 
        station, comprises the area where such primary transmitter 
        could have insisted'';
                    (B) by striking ``76.59 of title 47 of the Code of 
                Federal Regulations'' and inserting the following: 
                ``76.59 of title 47, Code of Federal Regulations, or 
                within the noise-limited contour as defined in 
                73.622(e)(1) of title 47, Code of Federal 
                Regulations''; and
                    (C) by striking ``as defined by the rules and 
                regulations of the Federal Communications 
                Commission,'';
            (5) by amending the fifth undesignated paragraph to read as 
        follows:
            ``(5) Distant signal equivalent.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a `distant signal equivalent'--
                            ``(i) is the value assigned to the 
                        secondary transmission of any non-network 
                        television programming carried by a cable 
                        system in whole or in part beyond the local 
                        service area of the primary transmitter of such 
                        programming; and
                            ``(ii) is computed by assigning a value of 
                        one to each primary stream and to each 
                        multicast stream (other than a simulcast) that 
                        is an independent station, and by assigning a 
                        value of one-quarter to each primary stream and 
                        to each multicast stream (other than a 
                        simulcast) that is a network station or a 
                        noncommercial educational station.
                    ``(B) Exceptions.--The values for independent, 
                network, and noncommercial educational stations 
                specified in subparagraph (A) are subject to the 
                following:
                            ``(i) Where the rules and regulations of 
                        the Federal Communications Commission require a 
                        cable system to omit the further transmission 
                        of a particular program and such rules and 
                        regulations also permit the substitution of 
                        another program embodying a performance or 
                        display of a work in place of the omitted 
                        transmission, or where such rules and 
                        regulations in effect on the date of enactment 
                        of the Copyright Act of 1976 permit a cable 
                        system, at its election, to effect such 
                        omission and substitution of a nonlive program 
                        or to carry additional programs not transmitted 
                        by primary transmitters within whose local 
                        service area the cable system is located, no 
                        value shall be assigned for the substituted or 
                        additional program.
                            ``(ii) Where the rules, regulations, or 
                        authorizations of the Federal Communications 
                        Commission in effect on the date of enactment 
                        of the Copyright Act of 1976 permit a cable 
                        system, at its election, to omit the further 
                        transmission of a particular program and such 
                        rules, regulations, or authorizations also 
                        permit the substitution of another program 
                        embodying a performance or display of a work in 
                        place of the omitted transmission, the value 
                        assigned for the substituted or additional 
                        program shall be, in the case of a live 
                        program, the value of one full distant signal 
                        equivalent multiplied by a fraction that has as 
                        its numerator the number of days in the year in 
                        which such substitution occurs and as its 
                        denominator the number of days in the year.
                            ``(iii) In the case of the secondary 
                        transmission of a primary transmitter that is a 
                        television broadcast station pursuant to the 
                        late-night or specialty programming rules of 
                        the Federal Communications Commission, or the 
                        secondary transmission of a primary transmitter 
                        that is a television broadcast station on a 
                        part-time basis where full-time carriage is not 
                        possible because the cable system lacks the 
                        activated channel capacity to retransmit on a 
                        full-time basis all signals that it is 
                        authorized to carry, the values for 
                        independent, network, and noncommercial 
                        educational stations set forth in subparagraph 
                        (A), as the case may be, shall be multiplied by 
                        a fraction that is equal to the ratio of the 
                        broadcast hours of such primary transmitter 
                        retransmitted by the cable system to the total 
                        broadcast hours of the primary transmitter.
                            ``(iv) No value shall be assigned for the 
                        secondary transmission of the primary stream or 
                        any multicast streams of a primary transmitter 
                        that is a television broadcast station in any 
                        community that is within the local service area 
                        of the primary transmitter.'';
            (6) by striking the sixth undesignated paragraph and 
        inserting the following:
            ``(6) Network station.--
                    ``(A) Treatment of primary stream.--The term 
                `network station' shall be applied to a primary stream 
                of a television broadcast station that is owned or 
                operated by, or affiliated with, one or more of the 
                television networks in the United States providing 
                nationwide transmissions, and that transmits a 
                substantial part of the programming supplied by such 
                networks for a substantial part of the primary stream's 
                typical broadcast day.
                    ``(B) Treatment of multicast streams.--The term 
                `network station' shall be applied to a multicast 
                stream on which a television broadcast station 
                transmits all or substantially all of the programming 
                of an interconnected program service that--
                            ``(i) is owned or operated by, or 
                        affiliated with, one or more of the television 
                        networks described in subparagraph (A); and
                            ``(ii) offers programming on a regular 
                        basis for 15 or more hours per week to at least 
                        25 of the affiliated television licensees of 
                        the interconnected program service in 10 or 
                        more States.''; and
            (7) by striking the seventh undesignated paragraph and 
        inserting the following:
            ``(7) Independent station.--The term `independent station' 
        shall be applied to the primary stream or a multicast stream of 
        a television broadcast station that is not a network station or 
        a noncommercial educational station.'';
            (8) by striking the eighth undesignated paragraph and 
        inserting the following:
            ``(8) Noncommercial educational station.--A `noncommercial 
        educational station' is television station that is a 
        noncommercial educational broadcast station as defined in 
        section 397 of the Communications Act of 1934, as in effect on 
        the date of the enactment of the Satellite Home Viewer 
        Reauthorization Act of 2009.''; and
            (9) by adding at the end the following:
            ``(9) Primary stream.--A `primary stream' is--
                    ``(A) the single digital stream of programming that 
                prior to june 12, 2009 was substantially duplicating 
                the programming transmitted by the television broadcast 
                station as an analog signal; or
                    ``(B) if there is no such stream, the single 
                digital stream of programming transmitted by the 
                station for the longest period of time.
            ``(10) Primary transmitter.--A `primary transmitter' is a 
        television or radio broadcast station licensed by the Federal 
        Communications Commission, or by an appropriate governmental 
        authority of Canada or Mexico, that makes primary transmissions 
        to the public.
            ``(11) Multicast stream.--A `multicast stream' is a digital 
        stream of programming transmitted by a television broadcast 
        station that is not the station's primary stream.
            ``(12) Simulcast.--A `simulcast' is a multicast stream of a 
        television broadcast station that duplicates the programming 
        transmitted by the primary stream or another multicast stream 
        of such station.
            ``(13) Subscriber; subscribe.--
                    ``(A) Subscriber.--The term `subscriber' means a 
                person or entity that receives a secondary transmission 
                service from a cable system and pays a fee for the 
                service, directly or indirectly, to the cable system.
                    ``(B) Subscribe.--The term `subscribe' means to 
                elect to become a subscriber.''.
    (f) Timing of Section 111 Proceedings.--Section 804(b)(1) is 
amended by striking ``2005'' each place it appears and inserting 
``2015''.
    (g) Technical and Conforming Amendments.--
            (1) Corrections to fix level designations.--Section 111 is 
        amended--
                    (A) in subsections (a), (c), and (e), by striking 
                ``clause'' each place it appears and inserting 
                ``paragraph'';
                    (B) in subsection (c)(1), by striking ``clauses'' 
                and inserting ``paragraphs''; and
                    (C) in subsection (e)(1)(F), by striking 
                ``subclause'' and inserting ``subparagraph''.
            (2) Conforming amendment to hyphenate nonnetwork.--Section 
        111 is amended by striking ``nonnetwork'' each place it appears 
        and inserting ``non-network''.
            (3) Previously undesignated paragraph.--Section 111(e)(1) 
        is amended by striking ``second paragraph of subsection (f)'' 
        and inserting ``subsection (f)(2)''.
            (4) Removal of superfluous ands.--Section 111(e) is 
        amended--
                    (A) in paragraph (1)(A), by striking ``and'' at the 
                end;
                    (B) in paragraph (1)(B), by striking ``and'' at the 
                end;
                    (C) in paragraph (1)(C), by striking ``and'' at the 
                end;
                    (D) in paragraph (1)(D), by striking ``and'' at the 
                end; and
                    (E) in paragraph (2)(A), by striking ``and'' at the 
                end.
            (5) Removal of variant forms references.--Section 111 is 
        amended--
                    (A) in subsection (e)(4), by striking ``, and each 
                of its variant forms,''; and
                    (B) in subsection (f), by striking ``and their 
                variant forms''.
            (6) Correction to territory reference.--Section 111(e)(2) 
        is amended in the matter preceding subparagraph (A) by striking 
        ``three territories'' and inserting ``five entities''.
    (h) Effective Date With Respect to Multicast Streams.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        amendments made by this section, to the extent such amendments 
        assign a distant signal equivalent value to the secondary 
        transmission of the multicast stream of a primary transmitter, 
        shall take effect on the date of the enactment of this Act.
            (2) Delayed applicability.--
                    (A) Secondary transmissions of a multicast stream 
                beyond the local service area of its primary 
                transmitter before 2009 act.--In any case in which a 
                cable system was making secondary transmissions of a 
                multicast stream beyond the local service area of its 
                primary transmitter before the date of the enactment of 
                this Act, a distant signal equivalent value (referred 
                to in paragraph (1)) shall not be assigned to secondary 
                transmissions of such multicast stream that are made on 
                or before June 30, 2010.
                    (B) Multicast streams subject to preexisting 
                written agreements for the secondary transmission of 
                such streams.--In any case in which the secondary 
                transmission of a multicast stream of a primary 
                transmitter is the subject of a written agreement 
                entered into on or before June 30, 2009, between a 
                cable system or an association representing the cable 
                system and a primary transmitter or an association 
                representing the primary transmitter, a distant signal 
                equivalent value (referred to in paragraph (1)) shall 
                not be assigned to secondary transmissions of such 
                multicast stream beyond the local service area of its 
                primary transmitter that are made on or before the date 
                on which such written agreement expires.
                    (C) No refunds or offsets for prior statements of 
                account.--A cable system that has reported secondary 
                transmissions of a multicast stream beyond the local 
                service area of its primary transmitter on a statement 
                of account deposited under section 111 of title 17, 
                United States Code, before the date of the enactment of 
                this Act shall not be entitled to any refund, or 
                offset, of royalty fees paid on account of such 
                secondary transmissions of such multicast stream.
            (3) Definitions.--In this subsection, the terms ``cable 
        system'', ``secondary transmission'', ``multicast stream'', and 
        ``local service area of a primary transmitter'' have the 
        meanings given those terms in section 111(f) of title 17, 
        United States Code, as amended by this section.

SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO-LOCAL 
              SERVICE FOR ALL DMAS.

    Section 119 is amended by adding at the end the following new 
subsection:
    ``(g) Certain Waivers Granted to Providers of Local-Into-Local 
Service to All DMAs.--
            ``(1) Injunction waiver.--A court that issued an injunction 
        pursuant to subsection (a)(7)(B) before the date of the 
        enactment of this subsection shall waive such injunction if the 
        court recognizes the entity against which the injunction was 
        issued as a qualified carrier.
            ``(2) Limited temporary waiver.--
                    ``(A) In general.--Upon a request made by a 
                satellite carrier, a court that issued an injunction 
                against such carrier under subsection (a)(7)(B) before 
                the date of the enactment of this subsection shall 
                waive such injunction with respect to the statutory 
                license provided under subsection (a)(2) to the extent 
                necessary to allow such carrier to make secondary 
                transmissions of primary transmissions made by a 
                network station to unserved households located in short 
                markets in which such carrier was not providing local 
                service pursuant to the license under section 122 as of 
                December 31, 2009.
                    ``(B) Expiration of temporary waiver.--A temporary 
                waiver of an injunction under subparagraph (A) shall 
                expire after the end of the 120-day period beginning on 
                the date such temporary waiver is issued unless 
                extended for good cause by the court making the 
                temporary waiver.
                    ``(C) Failure to make good faith effort to provide 
                local-into-local service to all dmas.--
                            ``(i) Willful failure.--If the court 
                        issuing a temporary waiver under subparagraph 
                        (A) determines that the satellite carrier that 
                        made the request for such waiver has failed to 
                        make a good faith effort to provide local-into-
                        local service to all DMAs and determines that 
                        such failure was willful, such failure--
                                    ``(I) is actionable as an act of 
                                infringement under section 501 and the 
                                court may in its discretion impose the 
                                remedies provided for in sections 502 
                                through 506 and subsection (a)(6)(B) of 
                                this section; and
                                    ``(II) shall result in the 
                                termination of the waiver issued under 
                                subparagraph (A).
                            ``(ii) Nonwillful failure.--If the court 
                        issuing a temporary waiver under subparagraph 
                        (A) determines that the satellite carrier that 
                        made the request for such waiver has failed to 
                        make a good faith effort to provide local-into-
                        local service to all DMAs and determines that 
                        such failure was nonwillful, the court may in 
                        its discretion impose financial penalties that 
                        reflect--
                                    ``(I) the degree of control the 
                                carrier had over the circumstances that 
                                resulted in the failure;
                                    ``(II) the quality of the carrier's 
                                efforts to remedy the failure; and
                                    ``(III) the severity and duration 
                                of any service interruption.
                    ``(D) Single temporary waiver available.--An entity 
                may only receive one temporary waiver under this 
                paragraph.
                    ``(E) Short market defined.--For purposes of this 
                paragraph, the term `short market' means a local market 
                in which programming of one or more of the four most 
                widely viewed television networks nationwide as 
                measured on the date of enactment of this subsection is 
                not offered on the primary stream transmitted by any 
                local television broadcast station.
            ``(3) Establishment of qualified carrier recognition.--
                    ``(A) Statement of eligibility.--An entity seeking 
                to be recognized as a qualified carrier under this 
                subsection shall file a statement of eligibility with 
                the court that imposed the injunction. A statement of 
                eligibility must include--
                            ``(i) an affidavit that the entity is 
                        providing local-into-local service to all DMAs;
                            ``(ii) a request for a waiver of the 
                        injunction; and
                            ``(iii) a certification issued pursuant to 
                        section 342(a) of Communications Act of 1934.
                    ``(B) Grant of recognition as a qualified 
                carrier.--Upon receipt of a statement of eligibility, 
                the court shall recognize the entity as a qualified 
                carrier and issue the waiver under paragraph (1).
                    ``(C) Voluntary termination.--At any time, an 
                entity recognized as a qualified carrier may file a 
                statement of voluntary termination with the court 
                certifying that it no longer wishes to be recognized as 
                a qualified carrier. Upon receipt of such statement, 
                the court shall reinstate the injunction waived under 
                paragraph (1).
                    ``(D) Loss of recognition prevents future 
                recognition.--No entity may be recognized as a 
                qualified carrier if such entity had previously been 
                recognized as a qualified carrier and subsequently lost 
                such recognition or voluntarily terminated such 
                recognition under subparagraph (C).
            ``(4) Qualified carrier obligations and compliance.--
                    ``(A) Continuing obligations.--
                            ``(i) In general.--An entity recognized as 
                        a qualified carrier shall continue to provide 
                        local-into-local service to all DMAs.
                            ``(ii) Cooperation with gao examination.--
                        An entity recognized as a qualified carrier 
                        shall fully cooperate with the Comptroller 
                        General in the examination required by 
                        subparagraph (B).
                    ``(B) Qualified carrier compliance examination.--
                            ``(i) Examination and report.--The 
                        Comptroller General shall conduct an 
                        examination and publish a report concerning the 
                        qualified carrier's compliance with the royalty 
                        payment and household eligibility requirements 
                        of the license under this section. The report 
                        shall address the qualified carrier's conduct 
                        during the period beginning on the date on 
                        which the qualified carrier is recognized as 
                        such under paragraph (3)(B) and ending on 
                        December 31, 2011.
                            ``(ii) Records of qualified carrier.--
                        Beginning on the date that is one year after 
                        the date on which the qualified carrier is 
                        recognized as such under paragraph (3)(B), the 
                        qualified carrier shall provide the Comptroller 
                        General with all records that the Comptroller 
                        General, in consultation with the Register of 
                        Copyrights, considers to be directly pertinent 
                        to the following requirements under this 
                        section:
                                    ``(I) Proper calculation and 
                                payment of royalties under the 
                                statutory license under this section.
                                    ``(II) Provision of service under 
                                this license to eligible subscribers 
                                only.
                            ``(iii) Submission of report.--The 
                        Comptroller General shall file the report 
                        required by clause (i) not later than March 1, 
                        2012, with the court referred to in paragraph 
                        (1) that issued the injunction, the Register of 
                        Copyrights, and the Committees on the Judiciary 
                        of the House of Representatives and the Senate.
                            ``(iv) Evidence of infringement.--The 
                        Comptroller General shall include in the report 
                        a statement of whether the examination by the 
                        Comptroller General indicated that there is 
                        substantial evidence that a copyright holder 
                        could bring a successful action under this 
                        section against the qualified carrier for 
                        infringement. The Comptroller General shall 
                        consult with the Register of Copyrights in 
                        preparing such statement.
                            ``(v) Subsequent examination.--If the 
                        report includes the Comptroller General's 
                        statement that there is substantial evidence 
                        that a copyright holder could bring a 
                        successful action under this section against 
                        the qualified carrier for infringement, the 
                        Comptroller General shall, not later than 6 
                        months after the report under clause (i) is 
                        published, initiate another examination of the 
                        qualified carrier's compliance with the royalty 
                        payment and household eligibility requirements 
                        of the license under this section since the 
                        last report was filed under clause (iii). The 
                        Comptroller General shall file a report on such 
                        examination with the court referred to in 
                        paragraph (1) that issued the injunction, the 
                        Register of Copyrights, and the Committees on 
                        the Judiciary of the House of Representatives 
                        and the Senate. The report shall include a 
                        statement described in clause (iv), prepared in 
                        consultation with the Register of Copyrights.
                    ``(C) Affirmation.--A qualified carrier shall file 
                an affidavit with the district court and the Register 
                of Copyrights 30 months after such status was granted 
                stating that, to the best of the affiant's knowledge, 
                it is in compliance with the requirements for a 
                qualified carrier.
                    ``(D) Compliance determination.--Upon the motion of 
                an aggrieved television broadcast station, the court 
                recognizing an entity as a qualified carrier may make a 
                determination of whether the entity is providing local-
                into-local service to all DMAs.
                    ``(E) Pleading requirement.--In any motion brought 
                under subparagraph (D), the party making such motion 
                shall specify one or more designated market areas (as 
                such term is defined in section 122(j)(2)(C)) for which 
                the failure to provide service is being alleged, and, 
                for each such designated market area, shall plead with 
                particularity the circumstances of the alleged failure.
                    ``(F) Burden of proof.--In any proceeding to make a 
                determination under subparagraph (D), and with respect 
                to a designated market area for which failure to 
                provide service is alleged, the entity recognized as a 
                qualified carrier shall have the burden of proving that 
                the entity provided local-into-local service with a 
                good quality satellite signal to at least 90 percent of 
                the households in such designated market area (based on 
                the most recent census data released by the United 
                States Census Bureau) at the time and place alleged.
                    ``(G) Enforcement.--Upon motion filed by an 
                interested party, the court recognizing an entity as a 
                qualified carrier shall terminate such designation upon 
                finding that the entity has failed to meet the 
                requirements imposed on the entity under this 
                paragraph.
            ``(5) Failure to provide service.--
                    ``(A) Penalties.--If the court recognizing an 
                entity as a qualified carrier finds that such entity 
                has willfully failed to provide local-into-local 
                service to all DMAs, such finding shall result in the 
                loss of recognition of the entity as a qualified 
                carrier and the termination of the waiver provided 
                under paragraph (1), and the court may, in its 
                discretion--
                            ``(i) treat such failure as an act of 
                        infringement under section 501, and subject 
                        such infringement to the remedies provided for 
                        in sections 502 through 506 and subsection 
                        (a)(6)(B) of this section; and
                            ``(ii) impose a fine of not more than 
                        $250,000.
                    ``(B) Exception for nonwillful violation.--If the 
                court determines that the failure to provide local-
                into-local service to all DMAs is nonwillful, the court 
                may in its discretion impose financial penalties for 
                noncompliance that reflect--
                            ``(i) the degree of control the entity had 
                        over the circumstances that resulted in the 
                        failure;
                            ``(ii) the quality of the entity's efforts 
                        to remedy the failure and restore service; and
                            ``(iii) the severity and duration of the 
                        service interruption.
            ``(6) Penalties for violations of license.--A court that 
        finds, under subsection (a)(6)(A), that an entity recognized as 
        a qualified carrier has willfully made a secondary transmission 
        of a primary transmission made by a network station and 
        embodying a performance or display of a work to a subscriber 
        who is not eligible to receive the transmission under this 
        section shall reinstate the injunction waived under paragraph 
        (1), and the court may order statutory damages of not more than 
        $2,500,000.
            ``(7) Local-into-local service to all dmas defined.--For 
        purposes of this subsection:
                    ``(A) In general.--An entity provides `local-into-
                local service to all DMAs' if the entity provides local 
                service in all designated market areas (as such term is 
                defined in section 122(j)(2)(C)) pursuant to the 
                license under section 122.
                    ``(B) Household coverage.--For purposes of 
                subparagraph (A), an entity that makes available local-
                into-local service with a good quality satellite signal 
                to at least 90 percent of the households in a 
                designated market area based on the most recent census 
                data released by the United States Census Bureau shall 
                be considered to be providing local service to such 
                designated market area.
                    ``(C) Good quality satellite signal defined.--The 
                term `good quality signal' has the meaning given such 
                term under section 342(e)(2) of Communications Act of 
                1934.''.

SEC. 106. TERMINATION OF LICENSE.

    (a) Termination.--Section 119, as amended by this title, shall 
cease to be effective on December 31, 2014.
    (b) Conforming Amendment.--Section 4(a) of the Satellite Home 
Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-369) is 
repealed.

SEC. 107. SURCHARGE ON STATUTORY LICENSES.

    (a) Surcharges.--The Copyright Royalty Judges shall establish a 
surcharge or surcharges to be paid, in accordance with subsection (b), 
by cable systems subject to statutory licensing under section 111(c) of 
title 17, United States Code, and satellite carriers whose secondary 
transmissions are subject to statutory licensing under section 119(a) 
of such title, in addition to the royalty fees paid by such cable 
systems under section 111(d)(1) of such title and by such satellite 
carriers under section 119(b)(1) of such title.
    (b) Amount and Timing of Surcharges.--Surcharges under subsection 
(a) shall be assessed, during fiscal years 2009 through 2019, in 
amounts that, in the aggregate, will equal at least $92,000,000.
    (c) Funds Unavailable for Obligation.--Surcharges collected under 
this section shall be deposited in the Treasury of the United States 
and shall not be available for obligation.
    (d) Authorities.--The Copyright Royalty Judges may exercise the 
authorities such Judges have under chapter 8 of title 17, United States 
Code, to carry out this section.

SEC. 108. CONSTRUCTION.

    Nothing in section 111, 119, or 122 of title 17, United States 
Code, including the amendments made to such sections by this title, 
shall be construed to affect the meaning of any terms under the 
Communications Act of 1934, except to the extent that such sections are 
specifically cross-referenced in such Act or the regulations issued 
thereunder.

                  TITLE II--COMMUNICATIONS PROVISIONS

SEC. 201. REFERENCE.

    Except as otherwise provided, whenever in this title an amendment 
is made to a section or other provision, the reference shall be 
considered to be made to such section or provision of the 
Communications Act of 1934 (47 U.S.C. 151 et seq.).

SEC. 202. EXTENSION OF AUTHORITY.

    Section 325(b) is amended--
            (1) in paragraph (2)(C), by striking ``December 31, 2009'' 
        and inserting ``December 31, 2014''; and
            (2) in paragraph (3)(C), by striking ``January 1, 2010'' 
        each place it appears in clauses (ii) and (iii) and inserting 
        ``January 1, 2015''.

SEC. 203. SIGNIFICANTLY VIEWED STATIONS.

    (a) In General.--Paragraphs (1) and (2) of section 340(b) are 
amended to read as follows:
            ``(1) Service limited to subscribers taking local-into-
        local service.--This section shall apply only to 
        retransmissions to subscribers of a satellite carrier who 
        receive retransmissions of a signal from that satellite carrier 
        pursuant to section 338.
            ``(2) Service limitations.--A satellite carrier may 
        retransmit to a subscriber in high definition format the signal 
        of a station determined by the Commission to be significantly 
        viewed under subsection (a) only if such carrier also 
        retransmits in high definition format the signal of a station 
        located in the local market of such subscriber and affiliated 
        with the same network whenever such format is available from 
        such station.''.
    (b) Rulemaking Required.--Within 180 days after the date of the 
enactment of this Act, the Federal Communications Commission shall take 
all actions necessary to promulgate a rule to implement the amendments 
made by subsection (a).

SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING AMENDMENTS.

    (a) Section 338.--Section 338 is amended--
            (1) in subsection (a), by striking ``(3)  effective date.--
        No satellite'' and all that follows through ``until January 1, 
        2002.''; and
            (2) by amending subsection (g) to read as follows:
    ``(g) Carriage of Local Stations on a Single Reception Antenna.--
            ``(1) Single reception antenna.--Each satellite carrier 
        that retransmits the signals of local television broadcast 
        stations in a local market shall retransmit such stations in 
        such market so that a subscriber may receive such stations by 
        means of a single reception antenna and associated equipment.
            ``(2) Additional reception antenna.--If the carrier 
        retransmits the signals of local television broadcast stations 
        in a local market in high definition format, the carrier shall 
        retransmit such signals in such market so that a subscriber may 
        receive such signals by means of a single reception antenna and 
        associated equipment, but such antenna and associated equipment 
        may be separate from the single reception antenna and 
        associated equipment used to comply with paragraph (1).''.
    (b) Section 339.--Section 339 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by striking ``Such two 
                network stations'' and all that follows through ``more 
                than two network stations.''; and
                    (B) in paragraph (2)--
                            (i) in the heading for subparagraph (A), by 
                        striking ``to analog signals'';
                            (ii) in subparagraph (A)--
                                    (I) in the heading for clause (i), 
                                by striking ``analog'';
                                    (II) in clause (i)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``October 
                                        1, 2004'' and inserting 
                                        ``October 1, 2009'';
                                    (III) in the heading for clause 
                                (ii), by striking ``analog''; and
                                    (IV) in clause (ii)--
                                            (aa) by striking ``analog'' 
                                        each place it appears; and
                                            (bb) by striking ``2004'' 
                                        and inserting ``2009'';
                            (iii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Rules for other subscribers.--
                            ``(i) In general.--In the case of a 
                        subscriber of a satellite carrier who is 
                        eligible to receive the signal of a network 
                        station under this section (in this 
                        subparagraph referred to as a `distant 
                        signal'), other than subscribers to whom 
                        subparagraph (A) applies, the following shall 
                        apply:
                                    ``(I) In a case in which the 
                                satellite carrier makes available to 
                                that subscriber, on January 1, 2005, 
                                the signal of a local network station 
                                affiliated with the same television 
                                network pursuant to section 338, the 
                                carrier may only provide the secondary 
                                transmissions of the distant signal of 
                                a station affiliated with the same 
                                network to that subscriber if the 
                                subscriber's satellite carrier, not 
                                later than March 1, 2005, submits to 
                                that television network the list and 
                                statement required by subparagraph 
                                (F)(i).
                                    ``(II) In a case in which the 
                                satellite carrier does not make 
                                available to that subscriber, on 
                                January 1, 2005, the signal of a local 
                                network station pursuant to section 
                                338, the carrier may only provide the 
                                secondary transmissions of the distant 
                                signal of a station affiliated with the 
                                same network to that subscriber if--
                                            ``(aa) that subscriber 
                                        seeks to subscribe to such 
                                        distant signal before the date 
                                        on which such carrier commences 
                                        to carry pursuant to section 
                                        338 the signals of stations 
                                        from the local market of such 
                                        local network station; and
                                            ``(bb) the satellite 
                                        carrier, within 60 days after 
                                        such date, submits to each 
                                        television network the list and 
                                        statement required by 
                                        subparagraph (F)(ii).
                            ``(ii) Special circumstances.--A subscriber 
                        of a satellite carrier who was lawfully 
                        receiving the distant signal of a network 
                        station on the day before the date of enactment 
                        of the Satellite Home Viewer Reauthorization 
                        Act of 2009 may receive both such distant 
                        signal and the local signal of a network 
                        station affiliated with the same network until 
                        such subscriber chooses to no longer receive 
                        such distant signal from such carrier.'';
                            (iv) in subparagraph (C)--
                                    (I) by striking ``analog'';
                                    (II) in clause (i), by striking 
                                ``the Satellite Home Viewer Extension 
                                and Reauthorization Act of 2004'' and 
                                inserting ``the Satellite Home Viewer 
                                Reauthorization Act of 2009''; and
                                    (III) by amending clause (ii) to 
                                read as follows:
                            ``(ii) either--
                                    ``(I) at the time such person seeks 
                                to subscribe to receive such secondary 
                                transmission, resides in a local market 
                                where the satellite carrier makes 
                                available to that person the signal of 
                                a local network station affiliated with 
                                the same television network pursuant to 
                                section 338, and the retransmission of 
                                such signal by such carrier can reach 
                                such subscriber; or
                                    ``(II) receives from the satellite 
                                carrier the programming of a network 
                                station affiliated with the same 
                                network that is broadcast by a local 
                                station in the market where the 
                                subscriber resides, but such 
                                programming is not contained within the 
                                local station's primary video.'';
                            (v) in subparagraph (D)--
                                    (I) in the heading, by striking 
                                ``digital'';
                                    (II) by striking clauses (i), (iii) 
                                through (v), (vii) through (ix), and 
                                (xi);
                                    (III) by redesignating clause (vi) 
                                as clause (i) and transferring such 
                                clause to appear before clause (ii);
                                    (IV) by amending such clause (i) 
                                (as so redesignated) to read as 
                                follows:
                            ``(i) Signal testing.--A subscriber shall 
                        be eligible to receive a distant signal of a 
                        distant network station affiliated with the 
                        same network under this section if such 
                        subscriber is determined, based on a test 
                        conducted in accordance with section 73.686(d) 
                        of title 47, Code of Federal Regulations, or 
                        any successor regulation, not to be able to 
                        receive a signal that exceeds the signal 
                        intensity standard in section 73.622(e)(1) of 
                        title 47, Code of Federal Regulations.'';
                                    (V) in clause (ii)--
                                            (aa) by striking 
                                        ``digital'' in the heading;
                                            (bb) by striking 
                                        ``digital'' the first two 
                                        places such term appears;
                                            (cc) by striking 
                                        ``Satellite Home Viewer 
                                        Extension and Reauthorization 
                                        Act of 2004'' and inserting 
                                        ``Satellite Home Viewer 
                                        Reauthorization Act of 2009''; 
                                        and
                                            (dd) by striking ``, 
                                        whether or not such subscriber 
                                        elects to subscribe to local 
                                        digital signals'';
                                    (VI) by inserting after clause (ii) 
                                the following new clause:
                            ``(iii) Time-shifting prohibited.--In a 
                        case in which the satellite carrier makes 
                        available to an eligible subscriber under this 
                        subparagraph the signal of a local network 
                        station pursuant to section 338, the carrier 
                        may only provide the distant signal of a 
                        station affiliated with the same network to 
                        that subscriber if, in the case of any local 
                        market in the 48 contiguous States of the 
                        United States, the distant signal is the 
                        secondary transmission of a station whose prime 
                        time network programming is generally broadcast 
                        simultaneously with, or later than, the prime 
                        time network programming of the affiliate of 
                        the same network in the local market.''; and
                                    (VII) by redesignating clause (x) 
                                as clause (iv); and
                            (vi) in subparagraph (E), by striking 
                        ``distant analog signal or'' and all that 
                        follows through ``(B), or (D))'' and inserting 
                        ``distant signal'';
            (2) in subsection (c)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) Establishment of improved predictive model and on-
        location testing required.--
                    ``(A) Predictive model.--Within 180 days after the 
                date of the enactment of the Satellite Home Viewer 
                Reauthorization Act of 2009, the Commission shall take 
                all actions necessary to develop and prescribe by rule 
                a point-to-point predictive model for reliably and 
                presumptively determining the ability of individual 
                locations, through the use of a conventional, 
                stationary, outdoor rooftop receiving antenna, to 
                receive signals in accordance with the signal intensity 
                standard in section 73.622(e)(1) of title 47, Code of 
                Federal Regulations, including to account for the 
                continuing operation of translator stations and low 
                power television stations. In prescribing such model, 
                the Commission shall rely on the Individual Location 
                Longley-Rice model set forth by the Commission in CS 
                Docket No. 98-201, as previously revised with respect 
                to analog signals, and as recommended by the Commission 
                with respect to digital signals in its Report to 
                Congress in ET Docket No. 05-182, FCC 05-199 (released 
                December 9, 2005). The Commission shall establish 
                procedures for the continued refinement in the 
                application of the model by the use of additional data 
                as it becomes available.
                    ``(B) On-location testing.--The Commission shall 
                issue an order completing its rulemaking proceeding in 
                ET Docket No. 06-94 within 180 days after the date of 
                enactment of the Satellite Home Viewer Reauthorization 
                Act of 2009.
                    ``(C) Study of types of antennas available to 
                receive digital signals.--
                            ``(i) Study required.--Not later than 1 
                        year after the date of enactment of the 
                        Satellite Home Viewer Reauthorization Act of 
                        2009, the Commission shall complete a study 
                        regarding whether, for purposes of identifying 
                        if a household is unserved by an adequate 
                        digital signal under section 119(d)(10) of 
                        title 17, United States Code, the digital 
                        signal strength standard in section 
                        73.622(e)(1) of title 47, Code of Federal 
                        Regulations, or the testing procedures in 
                        section 73.686 of title 47, Code of Federal 
                        Regulations, such statutes or regulations 
                        should be revised to take into account the 
                        types of antennas that are available to and 
                        used by consumers.
                            ``(ii) Study consideration.--In conducting 
                        the study under clause (i), the Commission 
                        shall consider whether to account for the fact 
                        that an antenna can be mounted on a roof or 
                        placed in a home and can be fixed or capable of 
                        rotating.
                            ``(iii) Report.--Not later than 1 year 
                        after the date of enactment of the Satellite 
                        Home Viewer Reauthorization Act of 2009, the 
                        Commission shall submit to the Committee on 
                        Energy and Commerce of the House of 
                        Representatives and the Committee on Commerce, 
                        Science, and Transportation of the Senate a 
                        report containing--
                                    ``(I) the results of the study 
                                conducted under clause (i); and
                                    ``(II) recommendations, if any, 
                                regarding changes to be made to Federal 
                                statutes or regulations.'';
                    (B) by amending paragraph (4)(A) to read as 
                follows:
                    ``(A) In general.--If a subscriber's request for a 
                waiver under paragraph (2) is rejected and the 
                subscriber submits to the subscriber's satellite 
                carrier a request for a test verifying the subscriber's 
                inability to receive a signal of the signal intensity 
                referenced in clause (i) of subsection (a)(2)(D), the 
                satellite carrier and the network station or stations 
                asserting that the retransmission is prohibited with 
                respect to that subscriber shall select a qualified and 
                independent person to conduct the test referenced in 
                such clause. Such test shall be conducted within 30 
                days after the date the subscriber submits a request 
                for the test. If the written findings and conclusions 
                of a test conducted in accordance with such clause 
                demonstrate that the subscriber does not receive a 
                signal that meets or exceeds the requisite signal 
                intensity standard in such clause, the subscriber shall 
                not be denied the retransmission of a signal of a 
                network station under section 119(d)(10)(A) of title 
                17, United States Code.'';
                    (C) in paragraph (4)(B), by striking ``the signal 
                intensity'' and all that follows through ``United 
                States Code'' and inserting ``such requisite signal 
                intensity standard''; and
                    (D) in paragraph (4)(E), by striking ``Grade B 
                intensity''.
    (c) Section 340.--Section 340(i) is amended by striking paragraph 
(4).

SEC. 205. APPLICATION PENDING COMPLETION OF RULEMAKINGS.

    (a) In General.--During the period beginning on the date of the 
enactment of this Act and ending on the date on which the Federal 
Communications Commission adopts rules pursuant to the amendments to 
the Communications Act of 1934 made by sections 203 and 204 of this 
Act, the Federal Communications Commission shall follow its rules and 
regulations promulgated pursuant to sections 338, 339, and 340 of the 
Communications Act of 1934 as in effect on the day before the date of 
enactment of this Act.
    (b) Translator Stations and Low Power Television Stations.--
Notwithstanding subsection (a), for purposes of determining whether a 
subscriber within the local market served by a translator station or a 
low power television station affiliated with a television network is 
eligible to receive distant signals under section 339 of the 
Communications Act of 1934, the Federal Communications Commission shall 
follow its rules and regulations for determining such subscriber's 
eligibility as in effect on the day before the date of enactment of 
this Act until the date on which the translator station or low power 
television station is licensed to broadcast a digital signal.
    (c) Definitions.--As used in this title:
            (1) Local market; low power television station; satellite 
        carrier; subscriber; television broadcast station.--The terms 
        ``local market'', ``low power television station'', ``satellite 
        carrier'', ``subscriber'', and ``television broadcast station'' 
        have the meanings given such terms in section 338(k) of the 
        Communications Act of 1934.
            (2) Network station; television network.--The terms 
        ``network station'' and ``television network'' have the 
        meanings given such terms in section 339(d) of such Act.

SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.

    Part I of title III is amended by adding at the end the following 
new section:

``SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER CERTIFICATION.

    ``(a) Certification.--The Commission shall issue a certification 
for the purposes of section 119(g)(3)(A)(iii) of title 17, United 
States Code, if the Commission determines that--
            ``(1) a satellite carrier is providing local service 
        pursuant to the statutory license under section 122 of such 
        title in each designated market area; and
            ``(2) with respect to each designated market area in which 
        such satellite carrier was not providing such local service as 
        of the date of enactment of the Satellite Home Viewer 
        Reauthorization Act of 2009--
                    ``(A) the satellite carrier's satellite beams are 
                designed, and predicted by the satellite manufacturer's 
                pre-launch test data, to provide a good quality 
                satellite signal to at least 90 percent of the 
                households in each such designated market area based on 
                the most recent census data released by the United 
                States Census Bureau; and
                    ``(B) there is no material evidence that there has 
                been a satellite or sub-system failure subsequent to 
                the satellite's launch that precludes the ability of 
                the satellite carrier to satisfy the requirements of 
                subparagraph (A).
    ``(b) Information Required.--Any entity seeking the certification 
provided for in subsection (a) shall submit to the Commission the 
following information:
            ``(1) An affidavit stating that, to the best of the 
        affiant's knowledge, the satellite carrier provides local 
        service in all designated market areas pursuant to the 
        statutory license provided for in section 122 of title 17, 
        United States Code, and listing those designated market areas 
        in which local service was provided as of the date of enactment 
        of the Satellite Home Viewer Reauthorization Act of 2009.
            ``(2) For each designated market area not listed in 
        paragraph (1):
                    ``(A) Identification of each such designated market 
                area and the location of its local receive facility.
                    ``(B) Data showing the number of households, and 
                maps showing the geographic distribution thereof, in 
                each such designated market area based on the most 
                recent census data released by the United States Census 
                Bureau.
                    ``(C) Maps, with superimposed effective 
                isotropically radiated power predictions obtained in 
                the satellite manufacturer's pre-launch tests, showing 
                that the contours of the carrier's satellite beams as 
                designed and the geographic area that the carrier's 
                satellite beams are designed to cover are predicted to 
                provide a good quality satellite signal to at least 90 
                percent of the households in such designated market 
                area based on the most recent census data released by 
                the United States Census Bureau.
                    ``(D) For any satellite relied upon for 
                certification under this section, an affidavit stating 
                that, to the best of the affiant's knowledge, there 
                have been no satellite or sub-system failures 
                subsequent to the satellite's launch that would degrade 
                the design performance to such a degree that a 
                satellite transponder used to provide local service to 
                any such designated market area is precluded from 
                delivering a good quality satellite signal to at least 
                90 percent of the households in such designated market 
                area based on the most recent census data released by 
                the United States Census Bureau.
                    ``(E) Any additional engineering, designated market 
                area, or other information the Commission considers 
                necessary to determine whether the Commission shall 
                grant a certification under this section.
    ``(c) Certification Issuance.--
            ``(1) Public comment.--The Commission shall provide 30 days 
        for public comment on a request for certification under this 
        section.
            ``(2) Deadline for decision.--The Commission shall grant or 
        deny a request for certification within 90 days after the date 
        on which such request is filed.
    ``(d) Subsequent Affirmation.--An entity granted qualified carrier 
status pursuant to section 119(g) of title 17, United States Code, 
shall file an affidavit with the Commission 30 months after such status 
was granted stating that, to the best of the affiant's knowledge, it is 
in compliance with the requirements for a qualified carrier.
    ``(e) Definitions.--For the purposes of this section:
            ``(1) Designated market area.--The term `designated market 
        area' has the meaning given such term in section 122(j)(2)(C) 
        of title 17, United States Code.
            ``(2) Good quality satellite signal.--
                    ``(A) In general.--The term ``good quality 
                satellite signal'' means--
                            ``(i) a satellite signal whose power level 
                        as designed shall achieve reception and 
                        demodulation of the signal at an availability 
                        level of at least 99.7 percent using--
                                    ``(I) models of satellite antennas 
                                normally used by the satellite 
                                carrier's subscribers; and
                                    ``(II) the same calculation 
                                methodology used by the satellite 
                                carrier to determine predicted signal 
                                availability in the top 100 designated 
                                market areas; and
                            ``(ii) taking into account whether a signal 
                        is in standard definition format or high 
                        definition format, compression methodology, 
                        modulation, error correction, power level, and 
                        utilization of advances in technology that do 
                        not circumvent the intent of this section to 
                        provide for non-discriminatory treatment with 
                        respect to any comparable television broadcast 
                        station signal, a video signal transmitted by a 
                        satellite carrier such that--
                                    ``(I) the satellite carrier treats 
                                all television broadcast stations' 
                                signals the same with respect to 
                                statistical multiplexer prioritization; 
                                and
                                    ``(II) the number of video signals 
                                in the relevant satellite transponder 
                                is not more than the then current 
                                greatest number of video signals 
                                carried on any equivalent transponder 
                                serving the top 100 designated market 
                                areas.
                    ``(B) Determination.--For the purposes of 
                subparagraph (A), the top 100 designated market areas 
                shall be as determined by Nielsen Media Research and 
                published in the Nielsen Station Index Directory and 
                Nielsen Station Index United States Television 
                Household Estimates or any successor publication as of 
                the date of a satellite carrier's application for 
                certification under this section.''.

SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION DIGITAL 
              SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS.

    (a) In General.--Section 338(a) is amended by adding at the end the 
following new paragraph:
            ``(5) Nondiscrimination in carriage of high definition 
        signals of noncommercial educational television stations.--
                    ``(A) Existing carriage of high definition 
                signals.--If, prior to the date of enactment of the 
                Satellite Home Viewer Reauthorization Act of 2009, an 
                eligible satellite carrier is providing, under section 
                122 of title 17, United States Code, any secondary 
                transmissions in high definition to subscribers located 
                within the local market of a television broadcast 
                station of a primary transmission made by that station, 
                then such satellite carrier shall carry the high-
                definition signals of qualified noncommercial 
                educational television stations located within that 
                local market in accordance with the following schedule:
                            ``(i) By December 31, 2010, in at least 50 
                        percent of the markets in which such satellite 
                        carrier provides such secondary transmissions 
                        in high definition.
                            ``(ii) By December 31, 2011, in every 
                        market in which such satellite carrier provides 
                        such secondary transmissions in high 
                        definition.
                    ``(B) New initiation of service.--If, after the 
                date of enactment of the Satellite Home Viewer 
                Reauthorization Act of 2009, an eligible satellite 
                carrier initiates the provision, under section 122 of 
                title 17, United States Code, of any secondary 
                transmissions in high definition to subscribers located 
                within the local market of a television broadcast 
                station of a primary transmission made by that station, 
                the such satellite carrier shall carry the high-
                definition signals of all qualified noncommercial 
                educational television stations located within that 
                local market.''.
    (b) Definitions.--Section 338(k) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Eligible satellite carrier.--The term `eligible 
        satellite carrier' means any satellite carrier that is not a 
        party to a carriage contract with a   qualified noncommercial 
        educational television station, or its representative, that is 
        in force and effect as of the date of enactment of the 
        Satellite Home Viewer Reauthorization Act of 2009.'';
            (3) by redesignating paragraphs (6) through (9) (as 
        previously redesignated) as paragraphs (7) through (10), 
        respectively; and
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following new paragraph:
            ``(6) Qualified noncommercial educational television 
        station.--The term `qualified noncommercial educational 
        television station' has the meaning given such term in section 
        615(l)(1) of this Act.''.

SEC. 208. SAVINGS CLAUSE REGARDING USE OF NON-COMPULSORY LICENSES.

    (a) In General.--Nothing in this title, the Communications Act of 
1934, or regulations promulgated by the Federal Communications 
Commission under this title or the Communications Act of 1934 shall be 
construed to prevent a multichannel video programming distributor from 
retransmitting a performance or display of a work pursuant to an 
authorization granted by the copyright owner or, if within the scope of 
its authorization, its licensee.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
affect any obligation of a multichannel video programming distributor 
under section 325(b) of the Communications Act of 1934 to obtain the 
authority of a television broadcast station before retransmitting that 
station's signal.

SEC. 209. SAVINGS CLAUSE REGARDING DEFINITIONS.

    Nothing in this title or the amendments made by this title shall be 
construed to affect--
            (1) the meaning of the terms ``program related'' and 
        ``primary video'' under the Communications Act of 1934; or
            (2) the meaning of the term ``multicast'' in any 
        regulations issued by the Federal Communications Commission.

                           TITLE III--REPORTS

SEC. 301. DEFINITION.

    In this title, the term ``appropriate Congressional committees'' 
means the Committees on the Judiciary and on Commerce, Science, and 
Transportation of the Senate and the Committees on the Judiciary and on 
Energy and Commerce of the House of Representatives.

SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY LICENSING.

    Not later than 1 year after the date of the enactment of this Act, 
and after consultation with the Federal Communications Commission, the 
Register of Copyrights shall submit to the appropriate Congressional 
committees a report containing--
            (1) proposed mechanisms, methods, and recommendations on 
        how to implement a phase-out of the statutory licensing 
        requirements set forth in sections 111, 119, and 122 of title 
        17, United States Code, by making such sections inapplicable to 
        the secondary transmission of a performance or display of a 
        work embodied in a primary transmission of a broadcast station 
        that is authorized to license the same secondary transmission 
        directly with respect to all of the performances and displays 
        embodied in such primary transmission;
            (2) any recommendations for alternative means to implement 
        a timely and effective phase-out of the statutory licensing 
        requirements set forth in sections 111, 119, and 122 of title 
        17, United States Code; and
            (3) any recommendations for legislative or administrative 
        actions as may be appropriate to achieve such a phase-out.

SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING 
              MODIFICATIONS.

    (a) Study.--The Comptroller General shall conduct a study that 
analyzes and evaluates the changes to the carriage requirements 
currently imposed on multichannel video programming distributors under 
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
regulations promulgated by the Federal Communications Commission that 
would be required or beneficial to consumers, and such other matters as 
the Comptroller General deems appropriate, if Congress implemented a 
phase-out of the current statutory licensing requirements set forth 
under sections 111, 119, and 122 of title 17, United States Code. Among 
other things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer prices 
and access to programming.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall report to the appropriate 
Congressional committees the results of the study, including any 
recommendations for legislative or administrative actions.

SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING.

    Not later than 1 year after the date of enactment of this Act, the 
Federal Communications Commission shall submit to the appropriate 
Congressional committees a report containing an analysis of--
            (1) the number of households in a State that receive local 
        broadcast stations from a station of license that is located in 
        a different State;
            (2) the extent to which consumers have access to in-state 
        broadcast programming; and
            (3) whether there are alternatives to the use of designated 
        market areas, as defined in section 122 of title 17, United 
        States Code, to define local markets that would provide more 
        consumers with in-state broadcast programming.

                         TITLE IV--SEVERABILITY

SEC. 401. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provision 
or amendment to any person or circumstance shall not be affected 
thereby.

            Passed the House of Representatives December 3, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.