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tions Act of 1934 and those signals on which no

deletion is required by that system. In determin

ing the reasonableness of rates proposed following an amendment of Federal Communications Com

mission rules and regulations, the Copyright Roy

alty Tribunal shall consider, among other factors, the economic impact on copyright owners and

users: Provided, That no adjustment in royalty rates shall be made under this subclause with re

spect to any distant signal equivalent or fraction thereof represented by (i) carriage of any signal permitted under the rules and regulations of the Federal Communications Commission in effect on

April 15, 1976, or the carriage of a signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal, or (ii) a television broadcast signal first carried after April 15, 1976, pursuant to an individual waiver of the rules and regulations of the Federal Communications Commission, as such

rules and regulations were in effect on April 15, 1976.

"(C) In the event of any change in the rules and regulations of the Federal Communications Commission with respect to (syndicated and)

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strained by subscriber rate regulating authorities from increasing the rates for the basic service of

providing secondary transmission and, in the adjustment proceeding commenced in 1983 pursuant to section 804(a)(2), the impact of the deletion of nonnetwork television programming caused by the syndicated exclusivity provisions as codified in section 332 of the Communications Act of 1934.

"(B) In the event that the rules and regulations of the Federal Communications Commission

are amended at any time after April 15, 1976, to permit the carriage by cable systems of additional television broadcast signals beyond the local service area of the primary transmitters of such signals, the royalty rates established by section

111(d)(2)(B) may be adjusted to insure that the rates for the additional distant signal equivalents

resulting from such carriage are reasonable in the light of the changes effected by the amendment to such rules and regulations. Such adjustment shall differentiate between those additional television broadcast signals on which a cable system is required to delete nonnetwork television program

ming pursuant to section 332 of the Communica

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deletion is required by that system. In determining the reasonableness of rates proposed following an amendment of Federal Communications Commission rules and regulations, the Copyright Roy

alty Tribunal shall consider, among other factors, the economic impact on copyright owners and users: Provided, That no adjustment in royalty

rates shall be made under this subclause with re

spect to any distant signal equivalent or fraction thereof represented by (i) carriage of any signal permitted under the rules and regulations of the Federal Communications Commission in effect on

April 15, 1976, or the carriage of a signal of the same type (that is, independent, network, or noncommercial educational) substituted for such permitted signal, or (ii) a television broadcast signal first carried after April 15, 1976, pursuant to an individual waiver of the rules and regulations of the Federal Communications Commission, as such

rules and regulations were in effect on April 15, 1976.

"(C) In the event of any change in the rules and regulations of the Federal Communications. Commission with respect to (syndicated and)

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the rates established by section 111(d)(2)(B) may be adjusted to assure that such rates are reason

able in light of the changes to such rules and reg

ulations, but any such adjustment shall apply only

to the affected television broadcast signals carried on those systems affected by the change.

"(D) The gross receipts limitations established by section 111(d)(2) (C) and (D) shall be adjusted to reflect national monetary inflation or deflation or changes in the average rates charged cable system subscribers for the basic service of providing secondary transmissions to maintain the real constant dollar value of the exemption provided by such section; and the royalty rate speci

fied therein shall not be subject to adjustment; and".

(b) Subsection 801(b)(3) of title 17, United States Code, 19 is amended by inserting before the period at the end thereof 20 the following: ": Provided, That in accordance with section 21 111(d)(4)(C), a portion of such fees are distributed to copy22 right owners whose work consists exclusively of aural sig23 nals, and that at least three hundred thousand dollars of such 24 fees are distributed to copyright owners whose work consists 25 exclusively of aural signals transmitted on those radio sta

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1 months, file a petition with the Tribunal declaring that the 2 petitioner requests an adjustment of the rate. In this event 3 the Tribunal shall proceed as in subsection (a)(2), above. Any 4 change in royalty rates made by the Tribunal pursuant to this 5 subsection may be reconsidered in (1980), 1983 (1985) and 6 each third calendar year thereafter, in accordance with (the 7 provisions in) section 801(b)(2) (A), (B), or (C), as the case 8 may be.".

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TRANSITIONAL AND SUPPLEMENTARY PROVISION

SEC. 104. (a) This Act shall become effective on the 11 date of enactment: Provided, That as to cable television sys12 tems located in the first fifty major television markets the 13 programming syndicated exclusivity protections of section 14 111(c)(5) of title 17, United States Code, as amended by sec15 tion 101 of this Act, shall take effect at the expiration of six 16 months subsequent to the enactment of this Act: Provided 17 further, That as to cable television systems located in the 18 second fifty major television markets, the syndicated pro19 gramming exclusivity protections of section 111(c)(5) of title 20 17, United States Code, as amended by section 101 of this 21 Act, shall take effect at the expiration of twelve months sub22 sequent to the enactment of this Act: And provided further, 23 That as to all other cable television systems subject to the 24 provisions of section 111(c)(5) of title 17, United States 25 Code, as added by section 101 of this Act, section 111(c)(5)

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