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where such rules and regulations in effect on the date
of enactment of this Act permit a cable system, at its
election, to effect such deletion 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;
where the rules, regulations, or authorizations of the
Federal Communications Commission in effect on Octo-
ber 19, 1976 (the date of enactment of this Act) 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 substitu-
tion 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 pro-
17 gram 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. In the
case of a station carried pursuant to the late night or
specialty programming rules of the Federal Communi-
cations Commission, or a station carried on a part-time
basis where full-time carriage is not possible because

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the cable system lacks the activated channel capacity

to retransmit on a full-time basis all signals which it is.

authorized to carry, the values for independent, network, and noncommercial educational stations set forth

above, as the case may be, shall be multiplied by a fraction which is equal to the ratio of the broadcast hours of such station carried by the cable system to the total broadcast hours of the station.

"A 'network station' is 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 that station's typical broadcast day.

"An 'independent station' is a commercial television broadcast station other than a network station.". SEC. 102. (a) Section 501(e) of title 17, United States

19 Code, is amended to read as follows:

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"(e) Any secondary transmission by a cable system shall 21 be actionable as an act of infringement pursuant to section 22 111(c)(5) unless the Federal Communications Commission 23 within ninety days of receipt of a notice of violation has certi24 fied that such secondary transmission was due to technical

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1 error or other factors beyond the reasonable control of the

2 cable system.

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"A 'noncommercial educational station' is a television station that is a noncommercial educational broadcast station as defined in section 397 of the Communications Act of 1934.

"A full service television broadcast station' is a television broadcast station which operates on a nonpreemptive basis on a channel assigned to its community by the Federal Communications Commission pursuant to its table of assignments. This does not include television broadcast translator stations or any other limited television broadcast stations which may be authorized by the Federal Communications Commission.".

(b) Section 501(f) of title 17, United States Code is cre17 ated to read:

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"(f) For any secondary transmission by a cable system 19 that is actionable as an Act of infringement pursuant to sec20 tion 111(c)(2)(A), a television broadcast station the signal of 21 which the cable system is required to carry pursuant to sec22 tion 331 of the Communications Act or the rules, regulations, 23 and authorizations of the Federal Communications Commis24 sion related thereto shall have standing to sue.".

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the cable system lacks the activated channel capacity to retransmit on a full-time basis all signals which it is authorized to carry, the values for independent, network, and noncommercial educational stations set forth above, as the case may be, shall be multiplied by a fraction which is equal to the ratio of the broadcast hours of such station carried by the cable system to the total broadcast hours of the station.

"A 'network station' is a television broadcast sta

tion 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 that station's typical broadcast day.

"An independent station' is a commercial television broadcast station other than a network station.".

SEC. 102. (a) Section 501(e) of title 17, United States Code, is amended to read as follows:

“(e) Any secondary transmission by a cable system shall be actionable as an act of infringement pursuant to section 11(c)(5) unless the Federal Communications Commission vithin ninety days of receipt of a notice of violation has certiied that such secondary transmission was due to technical

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2 cable system.

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"A 'noncommercial educational station' is a tele

vision station that is a noncommercial educational

broadcast station as defined in section 397 of the Com

munications Act of 1934.

"A full service television broadcast station' is a television broadcast station which operates on a nonpreemptive basis on a channel assigned to its community by the Federal Communications Commission pursuant to its table of assignments. This does not include television broadcast translator stations or any other limited television broadcast stations which may be authorized by the Federal Communications Commission.".

(b) Section 501(f) of title 17, United States Code is cre17 ated to read:

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"(f) For any secondary transmission by a cable system 19 that is actionable as an Act of infringement pursuant to sec20 tion 111(c)(2)(A), a television broadcast station the signal of 21 which the cable system is required to carry pursuant to sec22 tion 331 of the Communications Act or the rules, regulations, 23 and authorizations of the Federal Communications Commis24 sion related thereto shall have standing to sue.".

HR 5949 IH