3 1 following: "Such judicial review shall not be affected by the 2 creation of the Tribunal in the legislative branch.". 3 (b) The amendment made by subsection (a) of this sec 4 tion shall not apply to appeals filed before the date of the 5 enactment of this Act. ADJUSTMENT OF COPYRIGHT ROYALTY RATES BY THE 6 7 8 TRIBUNAL SEC. 104. (a) Section 801(b)(2)(B) of title 17, United 9 States Code, is amended in the second sentence by striking 10 out "In" and all that follows through "users:" and inserting 11 in lieu thereof the following: "In determining the reasonable12 ness of rates proposed following an amendment of Federal 13 Communications Commission rules and regulations, and any 14 subsequent adjustment to those rates pursuant to section 15 804(b), the Copyright Royalty Tribunal shall consider the ob16 jectives set forth in clause (1) of this subsection, and shall 17 also consider, among other factors, the extent to which tele18 vision broadcast stations compensate copyright owners for 19 the secondary transmission of their signals by cable systems 20 located outside their respective local service areas, the extent 21 to which the value to cable systems of additional distant sig22 nals decreases as such signals are carried, and the impact of 23 the rates on cable subscribers both as to the availability and 24 cost of receiving copyrighted materials:". 25 (b) Section 801(b)(2)(C) of title 17, United States Code, 26 is amended by adding at the end thereof the following new 4 1 sentence: "In determining the reasonableness of such rates, 2 and any subsequent adjustment to those rates pursuant to 3 section 804(b), the Copyright Royalty Tribunal shall consider 4 the objectives set forth in clause (1) of this subsection and the 5 factors set forth in subclause (B) of this clause.". 6 7 8 TITLE II-CABLE TELEVISION RETRANSMISSION OF DISTANT SIGNALS SEC. 201. (a) Section 801(b)(2)(B) of title 17, United 9 States Code, as amended by section 401(a) of this Act, is 10 further amended by adding at the end thereof the following: 11 "No adjustment in royalty rates under this subclause, which 12 takes effect on or after March 15, 1983, may apply to any 13 distant signal equivalent or fraction thereof represented by (I) 14 the first three distant independent television broadcast signals 15 carried by any cable system which does not carry any local 16 independent television broadcast signals, or (II) the first two 17 distant independent television broadcast signals carried by 18 any cable system which carries any local independent televi19 sion broadcast signals.". 20 (b) The amendment made by subsection (a) shall not 21 create any liability for the refund of any royalties paid on or 22 after March 15, 1983, and before the date of the enactment 23 of this Act. 24 25 TIERING SEC. 202. Section 111(d)(2)(B) of title 17, United States 26 Code, is amended by striking out "in computing the HR 5878 IH 5 1 amounts" and all that follows through "; and" and inserting 2 in lieu thereof the following: 3 4 5 6 7 8 9 10 11 12 13 14 15 "in computing the amounts payable under paragraphs (ii) through (iv) of this subclause, (I) any fraction of a distant signal equivalent shall be computed at its frac tional value, (II) in the case of any cable system locat ed partly within and partly without the local service area of a primary transmitter, gross receipts shall be limited to those gross receipts derived from subscribers located without the local service area of such primary transmitter, and (III) in the case of any secondary transmissions made to a limited number of subscribers, gross receipts shall be limited to those gross receipts derived from subscribers receiving such secondary transmissions; and". HR 5878 IH 98TH CONGRESS 2D SESSION H.R.6164 To amend title 17, United States Code, with respect to the Copyright Royalty Tribunal and cable transmissions. I IN THE HOUSE OF REPRESENTATIVES AUGUST 10, 1984 Mr. KASTENMEIER (for himself, Mr. SYNAR, Mr. GLICKMAN, Mr. MORRISON of Connecticut, Mr. KINDNESS, Mr. SAWYER, Mr. SAM B. HALL, Jr., Mr. SensenbrenneR, Mr. CROCKETT, Mr. ROSE, Mr. OXLEY, Mr. STANGELAND, Mr. LONG of Louisiana, Mr. FOWLER, Mr. D'AMOURS, Mr. STENHOLM, Mr. WILSON, Mr. ROBERTS, Mr. GINGRICH, Mr. JENKINS, Mr. RITTER, Mr. BARNARD, Mr. LEWIS of California, Mr. RALPH M. HALL, and Mr. HARTNETT) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, with respect to the Copyright Royalty Tribunal and cable transmissions. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Copyright 5 Royalty Tribunal and Cable Television Reform Act of 6 1984". 2 1 TITLE I-COPYRIGHT ROYALTY TRIBUNAL 2 3 MEMBERSHIP OF THE TRIBUNAL SEC. 101. (a) The first sentence of section 802(a) of title 4 17, United States Code, is amended to read as follows: "The 5 Tribunal shall be composed of three commissioners appointed 6 by the President, by and with the advice and consent of the 7 Senate, for a term of seven years each.". 8 (b) Section 802(b) of title 17, United States Code, is 9 amended by striking out "Upon" and all that follows through 10 "Thereafter, the" and inserting in lieu thereof "The". 11 (c) The amendment made by subsection (a) of this sec12 tion shall take effect on September 28, 1984, but shall not 13 affect the terms of office of the three offices of commissioners 14 of the Copyright Royalty Tribunal remaining on such effec15 tive date. 16 17 STAFF OF THE TRIBUNAL SEC. 102. (a) Section 805 of title 17, United States 18 Code, is amended by adding at the end thereof the following 19 new subsection: 20 "(c) The Tribunal shall appoint and fix appropriate com 21 pensation for a general counsel and a chief economist to carry 22 out the functions customarily performed by persons in such 23 positions.". 24 (b) The appointments required by section 805(c) of title 25 17, United States Code, as added by subsection (a) of this HR 6164 IH |