[Congressional Record Volume 144, Number 124 (Thursday, September 17, 1998)]
[Senate]
[Pages S10513-S10514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SATELLITE COMPULSORY LICENSE REFORM PROCESS AND S. 1720 CHAIRMAN'S MARK

  Mr. HATCH. Mr. President, I am glad to stand with the distinguished 
Majority Leader and the distinguished chairman of the Commerce 
Committee to explain how we plan to proceed with respect to reform of 
the copyright compulsory license governing the retransmission of 
broadcast television signals by satellite carriers. Let me thank them 
for their interest in these important issues and their cooperation in 
this process. The Majority Leader has been particularly helpful in 
facilitating a process allowing for a joint reform package from our two 
committees.
  Mr. President, the Judiciary Committee has been working on these 
issues for more than 2 years. We have always recognized that some of 
the reforms we need to undertake in relation to the compulsory 
copyright license would require reforms in the communications law which 
has traditionally been dealt with in the Commerce Committee. I am glad 
that we have been able to work out a process whereby we can move a bill 
to the floor that will be the joint work product, and thus using the 
joint expertise, of both the Judiciary and Commerce Committees.
  We will proceed in the Judiciary Committee by working on a bill on 
the subject that has already been referred to the Judiciary Committee, 
S. 1720, which Senator Leahy and I introduced earlier in this Congress. 
We will mark up a Chairman's mark substitute amendment of that bill 
which will cover the copyright amendments, including the granting and 
extension of the local and distant signal licenses, respectively, as 
well as the copyright rates for each of those licenses. Other important 
reforms include eliminating the current waiting period for cable 
subscribers before getting satellite service, and postponing the date 
of the enforcement of the so-called white area rules for a brief 
period. As of today, a large number of satellite subscribers who have 
been found to be ineligible for distant network signals will be turned 
off in early October. Our bill will delay any such terminations to 
allow subscribers and satellite carriers to adopt other service 
packages, including local service packages where available, to work 
with local affiliates to work out a coverage compromise, and to allow 
the FCC to review the rules governing the eligibility for the reception 
of distant network signals. The text of this Chairman's mark will be 
printed in the Record at the conclusion of my remarks and is supported 
and cosponsored by the chairman of the Commerce Committee, Senator 
McCain, as well as Senators Leahy, DeWine, and Kohl.
  While the Judiciary Committee works on these copyright reforms, our 
colleagues in the Commerce Committee will be working on related 
communications amendments regarding such important areas such as the 
must-carry and retransmission consent requirements for satellite 
carriers upon which the copyright licenses will be conditioned, and the 
FCC's distant signal eligibility process. Chairman

[[Page S10514]]

McCain will be introducing this legislation today as well.
  It is our joint intention to combine our respective work product as 
two titles of the same bill, S. 1720, in a way that will clearly 
delineate the work product of each committee, but combine them into the 
seamless whole necessary to make the licenses work for consumers and 
the affected industries.
  In conclusion, let me again thank the Majority Leader for his 
interest in and leadership with respect to these issues, and I thank 
the chairman of the Commerce Committee for his collegiality and 
cooperation in this process. I look forward to working with them and 
with our other colleagues on these important issues.
  I ask unanimous consent that the text of the Chairman's mark 
substitute for S. 1720 be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
  [The material was not available for printing. It will appear in a 
future edition of the Record.]

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