[Congressional Record: May 24, 1999 (Senate)]
[Page S5883-S5886]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr24my99-139]


                 SATELLITE HOME VIEWERS IMPROVEMENT ACT

  On May 20, 1999, the Senate amended and passed H.R. 1554, the
Satellite Home Viewers Improvement Act, as follows:

       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.

[[Page S5884]]

       ``(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 `super-station'--
       ``(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.''.

[[Page S5885]]

     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

[[Page S5886]]

     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.

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