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SUGGESTED AMENDMENTS TO H.R.2223

SUBMITTED BY

NATIONAL CABLE TELEVISION ASSOCIATION, INC.

June 11, 1975

AMENDMENT TO H.R. 2223

1. A basic premise of the FCC's restrictions over the

years has been that CATV is somehow engaged in unfair competi tion because it doesn't pay for the programs it carries. Once CATV pays copyright for over-the-air signals, this rationale is destroyed and CATV ought then to get what it pays for. Thus, the bill should contain language directing the FCC to eliminate the non-duplication and syndicated exclusivity rules.

On page 15, line 17, strike out "in" and all that follows down through line 23 and insert in lieu thereof the following:

where the cable system, at least one month before the date of the secondary transmission, has not recorded the notice specified by subsection (d). (3) A cable system whose secondary transmissions have been subject to compulsory licensing under subsection (c) shall not be required to delete any programming from any signals authorized by the Federal Communications Commission or lawfully carried by such system.

AMENDMENT TO H.R. 2223

2. This amendment would make the fee schedule in

H.R.2223 applicable only to revenues in excess of the first $25,000 of quarterly gross. It is felt that this initial $25,000 reflects, on an industry-wide basis, the amount of revenue earned from the carriage of purely local

signals.

On page 16, line 20, strike out "up to $40,000" and insert in lieu thereof "totalling more than $25,000 but not more than $40,000".

AMENDMENT TO H.R. 2223

3. Chapter 8 of H.R.2223 provides for a Copyright

Tribunal, which is a mechanism for periodic review of CATV's fees. The first readjustment would take effect within 18

months after the Act became law, and then every five years This infinite arbitration provision could

thereafter.

result in a hefty increase in CATV's copyright fees over CATV's fee should be set in the bill and not be

the years.

subject to change except by future legislation. This amendment deletes CATV fees from those that can be reviewed periodically by the Copyright Tribunal.

On page 58, line 33, strike out "sections 111 and insert in lieu therof "section".

On page 58, line 34, strike out "and" and all that follows down through "fee" on page 59, line 7.

On page 59 beginning on line 13 strike out "sections 111 and" and insert in lieu thereof "section".

On page 59, line 17, insert "section 115 of"

immediately before "this title".

following:

On page 16 beginning on line 9, strike out the

"irrespective of source and separate statements
of the gross revenues paid to the cable system for

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