3 "(1) the primary transmission is made by a broadcast station licensed by the Federal Communications Commission; and “(2) the carriage of the signals comprising the secondary transmission is required by sections 331 and 332 of the Communications Act of 1934, as amended and under the rules, regulations, or authorizations of the Federal Communications Commission; and "(3) the signal of the primary transmitter is not altered or changed in any way by the secondary transmitter.". (c) Section 111(c) (1) and (2) of title 17, United States 13 Code, are amended to read as follows: 14 "(c) SECONDARY TRANSMISSIONS BY CABLE SYS 15 TEMS. "(1) Subject to provisions of clauses (2), (3), (4), and (5) of this subsection, secondary transmissions to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance of display of a work shall be subject to compulsory licensing upon compliance with the requirements of subsection (d) where the carriage of the signals comprising the secondary transmission is per HR 5949 IH 4 missible under sections 331 and 332 of the Communi cations Act of 1934, as amended and the rules, regula tions, or authorizations of the Federal Communications Commission. "(2) Notwithstanding the provisions of clause (1) of this subsection, the willful or repeated secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work is actionable as an act of infringement under sec tion 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, in the following cases: "(A) where the cable system is not in compliance with sections 331 and 332 of the Communications Act, as amended, or with the rules, reg ulations, or authorizations of the Federal Commu nications Commission related thereto; or "(B) where the cable system has not recorded the notice specified by subsection (d) and de posited the statement of account and royalty fee required by subsection (d).". HR 5949 IH 5 1 (d) Section 111(c) of title 17, United States Code, is 2 amended by adding the following new clause at the end 3 thereof: “(5) Notwithstanding the provisions of clause (1) of this subsection, the willful or repeated secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed. by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico 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 509, where upon re ceipt of the required notice from a commercial televi sion broadcasting station which must be carried by the system pursuant to the rules and regulations of the Commission, the system fails to delete the following syndicated television programming broadcast by a commercial television station which is not required to be carried by the system pursuant to the rules and regula tions of the Commission: "(A) series program packages while a com mercial television broadcasting station which must. be carried by the cable television system has ex clusive broadcast exhibition rights (both over-the HR 5949 IH 6 air and by cable) to that program package in its market; and "(B) feature film while a commercial television broadcasting station which must be carried by the cable television system has exclusive broadcast exhibition rights (both over-the-air and by cable) to that film in its market: Provided, That each independent television broadcasting station shall be entitled to assert such exclusivity to no more than three hundred feature film titles in any quarter of a calendar year and exclusivity to any individual film title shall be asserted in no more than two quarters per calendar year: Provided further, That each network television broadcasting station shall be entitled to assert such exclusivity to no more than one hundred feature film titles in any quarter of a calendar year and exclusivity to any individual film title shall be asserted in no more than two quarters per calendar year. The provisions of this clause shall not apply to any cable television system located outside of all television markets which existed as of November 1, 1981, or to any cable television system having three thousand or fewer subscribers or to any broadcast television signal carried by any cable television system, regardless of HR 5949 IH 7 number of subscribers or of location, prior to March 31, 1972, or by any other cable television system located in the same community as a system which carried that signal prior to March 31, 1972, or to any cable televi sion system which was granted a waiver pursuant to the syndicated exclusivity rules and regulations of the Federal Communications Commission prior to June 25, 1981: Provided, That the Federal Communications Commission may grant exceptions to the requirements of this clause to cable systems where it has found that the distant signal on which a series program package or feature film appears obtains a net weekly circulation of 5 per centum or more in the county in which the cable system is located and places a grade B contour as defined by the rules of the Commission over all or part of the community in which the cable system is located and where the market zone of the distant station on which the program appears overlaps with the market zone of one or more of the stations which pos sesses exclusive exhibition rights to such series pro gram package or feature film. 22 The Commission shall promulgate such rules and regulations 23 as are reasonably necessary to carry out the provisions of this 24 clause for the adequate and timely notification to the system 25 by the station eligible to request deletion under this clause of HR 5949 IH |