[DOCID: f:h1554eas.txt]





















                  In the Senate of the United States,

                                                          May 20, 1999.
      Resolved, That the bill from the House of Representatives (H.R.
1554) entitled ``An Act to amend the provisions of title 17, United
States Code, and the Communications Act of 1934, relating to copyright
licensing and carriage of broadcast signals by satellite.'', do pass
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

            TITLE I--SATELLITE HOME VIEWERS IMPROVEMENTS ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Satellite Home Viewers
Improvements Act''.

SEC. 102. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANSMISSIONS BY
              SATELLITE CARRIERS WITHIN LOCAL MARKETS.

    (a) In General.--Chapter 1 of title 17, United States Code, is
amended by adding after section 121 the following new section:
``Sec. 122. Limitations on exclusive rights; secondary transmissions by
              satellite carriers within local markets
    ``(a) Secondary Transmissions of Television Broadcast Stations by
Satellite Carriers.--A secondary transmission of a primary transmission
of a television broadcast station into the station's local market shall
be subject to statutory licensing under this section if--
            ``(1) the secondary transmission is made by a satellite
        carrier to the public;
            ``(2) the secondary transmission is permissible under the
        rules, regulations, or authorizations of the Federal
        Communications Commission; and
            ``(3) the satellite carrier makes a direct or indirect
        charge for the secondary transmission to--
                    ``(A) each subscriber receiving the secondary
                transmission; or
                    ``(B) a distributor that has contracted with the
                satellite carrier for direct or indirect delivery of
                the secondary transmission to the public.
    ``(b) Reporting Requirements.--
            ``(1) Initial lists.--A satellite carrier that makes
        secondary transmissions of a primary transmission made by a
        network station under subsection (a) shall, within 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 street address, including county
        and zip code) all subscribers to which the satellite carrier
        currently makes secondary transmissions of that primary
        transmission.
            ``(2) Subsequent lists.--After the list is submitted under
        paragraph (1), the satellite carrier shall, on the 15th of each
        month, submit to the network a list identifying (by name and
        street address, including county and zip code) any subscribers
        who have been added or dropped as subscribers since the last
        submission under this subsection.
            ``(3) Use of subscriber information.--Subscriber
        information submitted by a satellite carrier under this
        subsection may be used only for the purposes of monitoring
        compliance by the satellite carrier with this section.
            ``(4) Requirements of stations.--The submission
        requirements of this subsection shall apply to a satellite
        carrier only if the network to whom the submissions are to be
        made places on file with the Register of Copyrights a document
        identifying the name and address of the person to whom such
        submissions are to be made. The Register shall maintain for
        public inspection a file of all such documents.
    ``(c) No Royalty Fee Required.--A satellite carrier whose secondary
transmissions are subject to statutory licensing under subsection (a)
shall have no royalty obligation for such secondary transmissions.
    ``(d) Noncompliance With Reporting Requirements.--Notwithstanding
subsection (a), the willful or repeated secondary transmission to the
public by a satellite carrier into the local market of a television
broadcast station of a primary transmission made by that television
broadcast station and embodying a performance or display of a work is
actionable as an act of infringement under section 501, and is fully
subject to the remedies provided under sections 502 through 506 and
509, if the satellite carrier has not complied with the reporting
requirements of subsection (b).
    ``(e) Willful Alterations.--Notwithstanding subsection (a), the
secondary transmission to the public by a satellite carrier into the
local market of a television broadcast station of a primary
transmission made by that television broadcast station and embodying a
performance or display of a work is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and sections 509 and 510, if the
content of the particular program in which the performance or display
is embodied, or any commercial advertising or station announcement
transmitted by the primary transmitter during, or immediately before or
after, the transmission of such program, is in any way willfully
altered by the satellite carrier through changes, deletions, or
additions, or is combined with programming from any other broadcast
signal.
    ``(f) Violation of Territorial Restrictions on Statutory License
for Television Broadcast Stations.--
            ``(1) Individual violations.--The willful or repeated
        secondary transmission to the public by a satellite carrier of
        a primary transmission made by a television broadcast station
        and embodying a performance or display of a work to a
        subscriber who does not reside in that station's local market,
        and is not subject to statutory licensing under section 119, is
        actionable as an act of infringement under section 501 and is
        fully subject to the remedies provided by sections 502 through
        506 and 509, except that--
                    ``(A) no damages shall be awarded for such act of
                infringement if the satellite carrier took corrective
                action by promptly withdrawing service from the
                ineligible subscriber; and
                    ``(B) any statutory damages shall not exceed $5 for
                such subscriber for each month during which the
                violation occurred.
            ``(2) Pattern of violations.--If a satellite carrier
        engages in a willful or repeated pattern or practice of
        secondarily transmitting to the public a primary transmission
        made by a television broadcast station and embodying a
        performance or display of a work to subscribers who do not
        reside in that station's local market, and are not subject to
        statutory licensing under section 119, then in addition to the
        remedies under paragraph (1)--
                    ``(A) if the pattern or practice has been carried
                out on a substantially nationwide basis, the court
                shall order a permanent injunction barring the
                secondary transmission by the satellite carrier of the
                primary transmissions of that television broadcast
                station (and if such television broadcast station is a
                network station, all other television broadcast
                stations affiliated with such network), and the court
                may order statutory damages not exceeding $250,000 for
                each 6-month period during which the pattern or
                practice was carried out; and
                    ``(B) if the pattern or practice has been carried
                out on a local or regional basis with respect to more
                than one television broadcast station (and if such
                television broadcast station is a network station, all
                other television broadcast stations affiliated with
                such network), the court shall order a permanent
                injunction barring the secondary transmission in that
                locality or region by the satellite carrier of the
                primary transmissions of any television broadcast
                station, and the court may order statutory damages not
                exceeding $250,000 for each 6-month period during which
                the pattern or practice was carried out.
    ``(g) Burden of Proof.--In any action brought under subsection (d),
(e), or (f), the satellite carrier shall have the burden of proving
that its secondary transmission of a primary transmission by a
television broadcast station is made only to subscribers located within
that station's local market.
    ``(h) Geographic Limitations on Secondary Transmissions.--The
statutory license created by this section shall apply to secondary
transmissions to locations in the United States, and any commonwealth,
territory, or possession of the United States.
    ``(i) Exclusivity With Respect to Secondary Transmissions of
Broadcast Stations by Satellite to Members of the Public.--No provision
of section 111 or any other law (other than this section and section
119) shall be construed to contain any authorization, exemption, or
license through which secondary transmissions by satellite carriers of
programming contained in a primary transmission made by a television
broadcast station may be made without obtaining the consent of the
copyright owner.
    ``(j) Definitions.--In this section--
            ``(1) The term `distributor' means an entity which
        contracts to distribute secondary transmissions from a
        satellite carrier and, either as a single channel or in a
        package with other programming, provides the secondary
        transmission either directly to individual subscribers or
        indirectly through other program distribution entities.
            ``(2) The term `local market' for a television broadcast
        station has the meaning given that term under rules,
        regulations, and authorizations of the Federal Communications
        Commission relating to carriage of television broadcast signals
        by satellite carriers.
            ``(3) The terms `network station', `satellite carrier' and
        `secondary transmission' have the meaning given such terms
        under section 119(d).
            ``(4) The term `subscriber' means an entity that receives a
        secondary transmission service by means of a secondary
        transmission from a satellite and pays a fee for the service,
        directly or indirectly, to the satellite carrier or to a
        distributor.
            ``(5) The term `television broadcast station' means an
        over-the-air, commercial or noncommercial television broadcast
        station licensed by the Federal Communications Commission under
        subpart E of part 73 of title 47, Code of Federal
        Regulations.''.
    (b) Technical and Conforming Amendments.--The table of sections for
chapter 1 of title 17, United States Code, is amended by adding after
the item relating to section 121 the following:

``122. Limitations on exclusive rights; secondary transmissions by
                            satellite carriers within local market.''.

SEC. 103. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF TITLE 17,
              UNITED STATES CODE.

    Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C.
119 note; Public Law 103-369; 108 Stat. 3481) is amended by striking
``December 31, 1999'' and inserting ``December 31, 2004''.

SEC. 104. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.

    Section 119(c) of title 17, United States Code, is amended by
adding at the end the following new paragraph:
            ``(4) Reduction.--
                    ``(A) Superstation.--The rate of the royalty fee in
                effect on January 1, 1998 payable in each case under
                subsection (b)(1)(B)(i) shall be reduced by 30 percent.
                    ``(B) Network.--The rate of the royalty fee in
                effect on January 1, 1998 payable under subsection
                (b)(1)(B)(ii) shall be reduced by 45 percent.
            ``(5) Public broadcasting service as agent.--For purposes
        of section 802, with respect to royalty fees paid by satellite
        carriers for retransmitting the Public Broadcasting Service
        satellite feed, the Public Broadcasting Service shall be the
        agent for all public television copyright claimants and all
        Public Broadcasting Service member stations.''.

SEC. 105. DEFINITIONS.

    Section 119(d) of title 17, United States Code, is amended by
striking paragraph (10) and inserting the following:
            ``(10) Unserved household.--The term `unserved household',
        with respect to a particular television network, means a
        household that cannot receive, through the use of a
        conventional outdoor rooftop receiving antenna, an over-the-air
        signal of grade B intensity (as defined by the Federal
        Communications Commission) of a primary network station
        affiliated with that network or is not otherwise eligible to
        receive directly from a satellite carrier a signal of that
        television network (other than a signal provided under section
        122) in accordance with section 338 of the Communications Act
        of 1934.''.

SEC. 106. PUBLIC BROADCASTING SERVICE SATELLITE FEED.

    (a) Secondary Transmissions.--Section 119(a)(1) of title 17, United
States Code, is amended--
            (1) by striking the paragraph heading and inserting ``(1)
        Superstations and pbs satellite feed.--'';
            (2) by inserting ``or by the Public Broadcasting Service
        satellite feed'' after ``superstation''; and
            (3) by adding at the end the following: ``In the case of
        the Public Broadcasting Service satellite feed, the compulsory
        license shall be effective until January 1, 2002.''.
    (b) Definitions.--Section 119(d) of title 17, United States Code,
is amended--
            (1) by amending paragraph (9) to read as follows:
            ``(9) Superstation.--The term `superstation'--
                    ``(A) means a television broadcast station, other
                than a network station, licensed by the Federal
                Communications Commission that is secondarily
                transmitted by a satellite carrier; and
                    ``(B) includes the Public Broadcasting Service
                satellite feed.''; and
            (2) by adding at the end the following:
            ``(12) Public broadcasting service satellite feed.--The
        term `Public Broadcasting Service satellite feed' means the
        national satellite feed distributed by the Public Broadcasting
        Service consisting of educational and informational programming
        intended for private home viewing, to which the Public
        Broadcasting Service holds national terrestrial broadcast
        rights.''.

SEC. 107. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION REGULATIONS.

    Section 119(a) of title 17, United States Code, is amended--
            (1) in paragraph (1), by inserting ``is permissible under
        the rules, regulations, and authorizations of the Federal
        Communications Commission,'' after ``satellite carrier to the
        public for private home viewing,'';
            (2) in paragraph (2), by inserting ``is permissible under
        the rules, regulations, and authorizations of the Federal
        Communications Commission,'' after ``satellite carrier to the
        public for private home viewing,''; and
            (3) by adding at the end the following:
            ``(11) Statutory license contingent on compliance with fcc
        rules and remedial steps.--The willful or repeated secondary
        transmission to the public by a satellite carrier of a primary
        transmission made by a broadcast station licensed by the
        Federal Communications Commission is actionable as an act of
        infringement under section 501, and is fully subject to the
        remedies provided by sections 502 through 506 and 509, if, at
        the time of such transmission, the satellite carrier is not in
        compliance with the rules, regulations, and authorizations of
        the Federal Communications Commission concerning the carriage
        of television broadcast station signals.''.

SEC. 108. TELEVISION BROADCAST STATION STANDING.

    Section 501 of title 17, United States Code, is amended by adding
at the end the following:
    ``(f) With respect to any secondary transmission that is made by a
satellite carrier of a primary transmission embodying the performance
or display of a work and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or
other license to transmit or perform the same version of that work
shall, for purposes of subsection (b) of this section, be treated as a
legal or beneficial owner if such secondary transmission occurs within
the local market of that station.''.

SEC. 109. MORATORIUM ON COPYRIGHT LIABILITY.

    Until December 31, 1999, no subscriber, as defined under section
119(d)(8) of title 17, United States Code, located within the predicted
Grade B contour of a local network television broadcast station shall
have satellite service of a distant network signal affiliated with the
same network terminated, if that subscriber received satellite service
of such network signal before July 11, 1998, as a result of section 119
of title 17, United States Code.

SEC. 110. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect
on January 1, 1999, except the amendments made by section 104 shall
take effect on July 1, 1999.

               TITLE II--SATELLITE TELEVISION ACT OF 1999

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Satellite Television Act of
1999''.

SEC. 202. FINDINGS.

    The Congress makes the following findings:
            (1) In the Cable Television Consumer Protection and
        Competition Act of 1992, Congress stated its policy of
        promoting competition in cable services and making available to
        the public a diversity of views and information through cable
        television and other video media.
            (2) In the Telecommunications Act of 1996, Congress stated
        its policy of securing lower prices and higher quality service
        for American telecommunications consumers and encouraging the
        rapid deployment of new telecommunications technologies.
            (3) In most places throughout America, cable television
        system operators still do not face effective competition from
        other providers of multichannel video service.
            (4) Absent effective competition, the market power
        exercised by cable television operators enables them to raise
        the price of cable service to consumers, and to control the
        price and availability of cable programming services to other
        multichannel video service providers. Current Federal
        Communications Commission rules have been inadequate in
        constraining cable price increases.
            (5) Direct-to-home satellite service has over 8 million
        subscribers and constitutes the most significant competitive
        alternative to cable television service.
            (6) Direct-to-home satellite service currently suffers from
        a number of statutory, regulatory, and technical barriers that
        keep it from being an effective competitor to cable television
        in the provision of multichannel video services.
            (7) The most prominent of these barriers is the inability
        to provide subscribers with local television broadcast signals
        by satellite.
            (8) Permitting providers of direct-to-home satellite
        service to retransmit local television signals to their
        subscribers would greatly enhance the ability of direct-to-home
        satellite service providers to compete more effectively in the
        provision of multichannel video services.
            (9) Due to capacity limitations and in the interest of
        providing service in as many markets as possible, providers of
        direct-to-home satellite service, unlike cable television
        systems, cannot at this time carry all local television
        broadcast signals in all the local television markets they seek
        to serve.
            (10) It would be in the public interest for providers of
        direct-to-home satellite service to fully comply with the
        mandatory signal carriage rules at the earliest possible date.
        In the interim, requiring full compliance with the mandatory
        signal carriage rules would substantially limit the ability of
        direct-to-home satellite service providers to compete in the
        provision of multichannel video services and would not serve
        the public interest.
            (11) Maintaining the viability of free, local, over-the-air
        television service is a matter of preeminent public interest.
            (12) All subscribers to multichannel video services should
        be able to receive the signal of at least one station
        affiliated with each of the major broadcast television
        networks.
            (13) Millions of subscribers to direct-to-home satellite
        service currently receive the signals of network-affiliated
        stations not located in these subscribers' local television
        markets. Where conventional rooftop antennas cannot provide
        satisfactory reception of local stations, distant network
        signals may be these subscribers' only source of network
        television service.
            (14) The widespread carriage of distant network stations in
        local network affiliates' markets could harm the local
        stations' ability to serve their local community.
            (15) Abrupt termination of satellite carriers' provision of
        distant network signals could have a negative impact on the
        ability of direct-to-home satellite service to compete
        effectively in the provision of multichannel video services.
            (16) The public interest would be served by permitting
        direct-to-home satellite service providers to continue existing
        carriage of a distant network affiliate station's signal
        where--
                    (A) there is no local network affiliate;
                    (B) the local network affiliate cannot be
                adequately received off-air; or
                    (C) continued carriage would not harm the local
                network station.

SEC. 203. PURPOSE.

    The purpose of this title is to promote competition in the
provision of multichannel video services while protecting the
availability of free, local, over-the-air television, particularly for
the 22 percent of American television households that do not subscribe
to any multichannel video programming service.

SEC. 204. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
              BROADCAST SIGNALS.

    Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end thereof the following:

``SEC. 338. CARRIAGE OF LOCAL TELEVISION STATIONS BY SATELLITE
              CARRIERS.

    ``(a) Application of Mandatory Carriage to Satellite Carriers.--The
mandatory carriage provisions of sections 614 and 615 of this Act will
apply in a local market no later than January 1, 2002, to satellite
carriers retransmitting any television broadcast station in that local
market pursuant to the compulsory license provided by section 122 of
title 17, United States Code.
    ``(b) Good Signal Required.--
            ``(1) Costs.--A television broadcast station eligible for
        carriage under subsection (a) may be required to bear the costs
        associated with delivering a good quality signal to the
        designated local receive facility of the satellite carrier. The
        selection of a local receive facility by a satellite carrier
        shall not be made in a manner that frustrates the purposes of
        this Act. The Commission shall implement the requirements of
        this section without imposing any undue economic burden on any
        party.
            ``(2) Rulemaking required.--The Commission shall adopt
        rules implementing paragraph (1) within 180 days after the date
        of enactment of the Satellite Television Act of 1999.
    ``(c) Cable Television System Digital Signal Carriage Not
Covered.--Nothing in this section applies to the carriage of the
digital signals of television broadcast stations by cable television
systems.
    ``(d) Definitions.--In this section:
            ``(1) Television broadcast station.--The term `television
        broadcast station' means a full power local television
        broadcast station, but does not include a low-power or
        translator television broadcast station.
            ``(2) Network station.--The term `network station' means a
        television broadcast station that is owned or operated by, or
        affiliated with, a broadcasting network.
            ``(3) Broadcasting network.--The term `broadcasting
        network' means a television network in the United States which
        offers an interconnected program service on a regular basis for
        15 or more hours per week to at least 25 affiliated broadcast
        stations in 10 or more States.
            ``(4) Distant television station.--The term `distant
        television station' means any television broadcast station that
        is not licensed and operating on a channel regularly assigned
        to the local television market in which a subscriber to a
        direct-to-home satellite service is located.
            ``(5) Local market.--The term `local market' means the
        designated market area in which a station is located. For a
        noncommercial educational television broadcast station, the
        local market includes any station that is licensed to a
        community within the same designated market area as the
        noncommercial educational television broadcast station.
            ``(6) Satellite carrier.--The term `satellite carrier' has
        the meaning given it by section 119(d) of title 17, United
        States Code.

``SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
              CARRIERS.

    ``(a) Provisions Relating to New Subscribers.--
            ``(1) In general.--Except as provided in subsection (d),
        direct-to-home satellite service providers shall be permitted
        to provide the signals of 1 affiliate of each television
        network to any household that initially subscribed to direct-
        to-home satellite service on or after July 10, 1998.
            ``(2) Eligibility determination.--The determination of a
        new subscriber's eligibility to receive the signals of one or
        more distant network stations as a component of the service
        provided pursuant to paragraph (a) shall be made by
        ascertaining whether the subscriber resides within the
        predicted Grade B service area of a local network station. The
        Individual Location Longley-Rice methodology described by the
        Commission in Docket 98-201 shall be used to make this
        determination. A direct-to-home satellite service provider may
        provide the signal of a distant network station to any
        subscriber determined by this method to be unserved by a local
        station affiliated with that network.
            ``(3) Rulemaking required.--
                    ``(A) Within 90 days after the date of enactment of
                the Satellite Television Act of 1999, the Commission
                shall adopt procedures that shall be used by any
                direct-to-home satellite service subscriber requesting
                a waiver to receive one or more distant network
                signals. The waiver procedures adopted by the
                Commission shall--
                            ``(i) impose no unnecessary burden on the
                        subscriber seeking the waiver;
                            ``(ii) allocate responsibilities fairly
                        between direct-to-home satellite service
                        providers and local stations;
                            ``(iii) prescribe mandatory time limits
                        within which direct-to-home satellite service
                        providers and local stations shall carry out
                        the obligations imposed upon them; and
                            ``(iv) prescribe that all costs of
                        conducting any measurement or testing shall be
                        borne by the direct-to-home satellite service
                        provider, if the local station's signal meets
                        the prescribed minimum standards, or by the
                        local station, if its signal fails to meet the
                        prescribed minimum standards.
            ``(4) Penalty for violation.--Any direct-to-home satellite
        service provider that knowingly and willfully provides the
        signals of 1 or more distant television stations to subscribers
        in violation of this section shall be liable for forfeiture in
        the amount of $50,000 per day per violation.
    ``(b) Provisions Relating to Existing Subscribers.--
            ``(1) Moratorium on termination.--Until December 31, 1999,
        any direct-to-home satellite service may continue to provide
        the signals of distant television stations to any subscriber
        located within predicted Grade A and Grade B contours of a
        local network station who received those distant network
        signals before July 11, 1998.
            ``(2) Continued carriage.--Direct-to-home satellite service
        providers may continue to provide the signals of distant
        television stations to subscribers located between the outside
        limits of the predicted Grade A contour and the predicted Grade
        B contour of the corresponding local network stations after
        December 31, 1999, subject to any limitations adopted by the
        Commission under paragraph (3).
            ``(3) Rulemaking required.--
                    ``(A) Within 180 days after the date of enactment
                of the Satellite Television Act of 1999, the Commission
                shall conclude a single rulemaking, compliant with
                subchapter II of chapter 5 of title 5, United States
                Code, to examine the extent to which any existing
                program exclusivity rules should be imposed on distant
                network stations provided to subscribers under
                paragraph (2).
                    ``(B) The Commission shall not impose any program
                exclusivity rules on direct-to-home satellite service
                providers pursuant to subparagraph (A) unless it finds
                that it would be both technically and economically
                feasible and otherwise in the public interest to do so.
    ``(c) Waivers Not Precluded.--Notwithstanding any other provision
in this section, nothing shall preclude any network stations from
authorizing the continued provision of distant network signals in
unaltered form to any direct-to-home satellite service subscriber
currently receiving them.
    ``(d) Certain Signals.--Providers of direct-to-home satellite
service may continue to carry the signals of distant network stations
without regard to subsections (a) and (b) in any situation in which--
            ``(1) a subscriber is unserved by the local station
        affiliated with that network;
            ``(2) a waiver is otherwise granted by the local station
        under subsection (c); or
            ``(3) if the carriage would otherwise be consistent with
        rules adopted by the Commission in CS Docket 98-201.
    ``(e) Report Required.--Within 180 days after the date of enactment
of the Satellite Television Act of 1999, the Commission shall report to
Congress on methods of facilitating the delivery of local signals in
local markets, especially smaller markets.''.

SEC. 205. RETRANSMISSION CONSENT.

    (a) Amendment of Section 325(b).--Section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) is amended by striking
the subsection designation and paragraphs (1) and (2) and inserting the
following:
    ``(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or
any part thereof, except--
            ``(A) with the express authority of the station; or
            ``(B) pursuant to section 614 or section 615, in the case
        of a station electing, in accordance with this subsection, to
        assert the right to carriage under that section.
    ``(2) The provisions of this subsection shall not apply to--
            ``(A) retransmission of the signal of a television
        broadcast station outside the station's local market by a
        satellite carrier directly to subscribers if--
                    ``(i) that station was a superstation on May 1,
                1991;
                    ``(ii) as of July 1, 1998, such station's signal
                was transmitted under the compulsory license of section
                119 of title 17, United States Code, by satellite
                carriers directly to at least 250,000 subscribers; and
                    ``(iii) the satellite carrier complies with any
                program exclusivity rules that may be adopted by the
                Federal Communications Commission pursuant to section
                338.
            ``(B) retransmission of the distant signal of a
        broadcasting station that is owned or operated by, or
        affiliated with, a broadcasting network directly to a home
        satellite antenna, if the subscriber resides in an unserved
        household; or
            ``(C) retransmission by a cable operator or other
        multichannel video programming distributor (other than by a
        satellite carrier direct to its subscribers) of the signal of a
        television broadcast station outside the station's local
        market, if that signal was obtained from a satellite carrier
        and--
                    ``(i) the originating station was a superstation on
                May 1, 1991; and
                    ``(ii) the originating station was a network
                station on December 31, 1997, and its signal was
                retransmitted by a satellite carrier directly to
                subscribers.
    ``(3) Any term used in this subsection that is defined in section
337(d) of this Act has the meaning given to it by that section.''.
    (b) Effective Date.--The amendments made by subsection (a) take
effect on January 1, 1999.

SEC. 206. DESIGNATED MARKET AREAS.

    Nothing in this title, or in the amendments made by this title,
prevents the Federal Communications Commission from revising the
listing of designated market areas or reassigning those areas if the
revision or reassignment is done in the same manner and to the same
extent as the Commission's cable television mandatory carriage rules
provide.

SEC. 207. SEVERABILITY.

    If any provision of this title or section 325(b) or 337 of the
Communications Act of 1934 (47 U.S.C. 325(b) or 337, respectively), or
the application of that provision to any person or circumstance, is
held by a court of competent jurisdiction to violate any provision of
the Constitution of the United States, then the other provisions of
that section, and the application of that provision to other persons
and circumstances, shall not be affected.

SEC. 208. DEFINITIONS.

    In this title:
            (1) Terms defined in communications act of 1934.--Any term
        used in this title that is defined in section 337(d) of the
        Communications Act of 1934, as added by section 204 of this
        title, has the meaning given to it by that section.
            (2) Designated market area.--The term ``designated market
        area'' means a designated market area, as determined by Nielsen
        Media Research and published in the DMA Market and Demographic
        Report.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 1554

_______________________________________________________________________

                               AMENDMENT
