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United States · Bill · HR

H.R. 1554 (106th)

Satellite Copyright, Competition, and Consumer Protection Act of 1999

openUnited States· United States Congress· EN

Introduced

26 April 1999

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Conference papers: message on House action held at the desk in Senate.

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7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Satellite Competition and Consumer Protection Title II: Secondary Transmissions By Satellite Carriers Within Local Markets Satellite Copyright, Competition, and Consumer Protection Act of 1999 - Title I: Satellite Competition and Consumer Protection - Satellite Competition and Consumer Protection Act - Amends the Communications Act of 1934 to allow television broadcasting stations the option of electing must-carry status as provided in this title for satellite carriers providing local service and retransmitting the station's signals, as an alternative to the current authority to grant retransmission consent. (Sec. 102) Exempts from such retransmission consent requirement (in addition to noncommercial television broadcast stations) superstations that existed as superstations on May 1, 1991, were retransmitted by satellite carriers under satellite compulsory license as of July 1, 1998, and whose retransmissions were in compliance with Federal Communications Commission (FCC) rules governing network nonduplication, syndicated exclusivity, and sports blackout. Terminates seven months after the enactment of this Act the retransmission consent exemption for satellite-delivered distant network signals. Requires the FCC to commence a rulemaking proceeding to revise the regulations governing the exercise by television broadcasting stations of the right to grant retransmission consent and such other regulations as are necessary to administer the limitations contained in this Act. Requires such regulations to: (1) establish election time periods for must-carry retransmission consent rights that correspond with those regulations adopted under this Act; and (2) prohibit (through January 1, 2006) television broadcast stations that provide retransmission consent from engaging in discriminatory practices, understandings, arrangements, and activities, including exclusive contracts for carriage, that prevent a multichannel video programming distributor from obtaining retransmission consent from such stations. Provides that, if an originating television station elects to exercise its right to grant retransmission consent under this Act with respect to a satellite carrier, the must-carry provisions shall not apply to the carriage of such station's signal by the satellite carrier. (Sec. 103) Requires satellite carriers that retransmit a television broadcast signal to subscribers located within the signal's local market to carry, upon request, beginning January 1, 2002, all television broadcast stations located within the local market (must- carry requirement), subject to the retransmission consent election by such stations. Requires a television broadcast station asserting its right to such carriage to bear costs associated with delivering a good quality signal to the satellite carrier's designated local receive facility or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market. Provides that a satellite carrier shall not be required: (1) to carry upon request the signal of any local commercial television broadcast station that substantially duplicates the signal of another local commercial television broadcast station which is secondarily transmitted by the satellite carrier within the same local market; or (2) to carry upon request the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network. Requires the FCC to prescribe regulations that provide the same degree of carriage by satellite carriers of multiple local noncommercial television broadcast stations as is provided by cable systems. Declares that no satellite carrier shall be required to provide a local television broadcast station signal to subscribers in that station's local market on any particular channel number, or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local stations to subscribers in the stations' local market on contiguous channels, and provide access to such signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on screen program guide, or menu. Prohibits a satellite carrier from accepting or requesting monetary payments or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this Act or for channel positioning rights provided to such stations. Allows any such station, however, to be required to bear the costs associated with delivering a good quality signal to the satellite's local receive facility. Provides an administrative procedure by which stations may seek redress from the FCC for violations of the must-carry obligations for satellite carriers. (Sec. 104) Sets a deadline by which the FCC must commence a single rulemaking proceeding to establish regulations (modeled after those currently applicable to the cable industry) that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to retransmission of broadcast signals by satellite carriers to subscribers. Directs the FCC to establish a signal intensity Network Nonduplication Signal Standard (until revised, the Grade B field strength standard prescribed by specified FCC regulations) for purposes of determining the network nonduplication rights of local television broadcast stations. Directs the FCC to take all actions necessary to develop and prescribe by rule a point-to-point predictive Network Nonduplication Reception Model for reliably and presumptively determining the ability of individual locations to receive signals in accordance with the Network Nonduplication Signal Standard. Requires the network nonduplication requirements to allow a television network station to assert certain nonduplication rights. Prescribes procedures: (1) for subscriber requests for waiver of network nonduplication requirements; and (2) for verification of inability to receive a standard-meeting signal, if a waiver is denied. Prescribes conditions for deeming a subscriber with satellite reception equipment in a recreational vehicle to be outside a station's local market and Reception Model Area. Requires the FCC to review and, if necessary, revise such Standards and Models. (Sec. 105) Requires the Public Broadcasting Service (PBS) to certify annually to the Board of Directors of the Corporation for Public Broadcasting, and notify each pertinent satellite carrier, that a majority of its membership supports or does not support the secondary transmission of the PBS satellite feed. (Sec. 107) Requires the FCC to complete the biennial review required by the Telecommunications Act of 1996. (Sec. 108) Provides that until the FCC issues regulations, if a subscriber's network service is terminated, the satellite carrier shall, upon request, provide the subscriber free of charge an over- the-air television broadcast receiving antenna that will provide the subscriber with an over-the-air signal of Grade B intensity for those network stations that were terminated as a result of a finding of copyright infringement. (Sec. 109) Prohibits a subscriber whose household is located outside the Grade A contour of a network station from having his or her satellite service of another network station affiliated with that same network terminated as a result of an infringement finding, until the FCC has issued and implemented a new predictive model under this Act. Title II: Secondary Transmissions by Satellite Carriers Within Local Markets - Satellite Copyright Compulsory License Improvement Act - Amends Federal copyright law to cite circumstances under which the secondary transmission by a satellite carrier of a primary transmission of a television broadcast station into the station's local market shall be subject to statutory (compulsory) licensing. Requires the carrier: (1) within 90 days after commencing such secondary transmission, to submit to the network that owns or is affiliated with the network station a list identifying all subscribers to which the satellite carrier currently makes such transmission; and (2) on the 15th day of each month, to submit a subsequent list identifying any subscribers who have been added or dropped since submission of the last list. (Sec. 202) Restricts the use of the subscriber information to monitor compliance by the satellite carrier. Applies the submission requirements to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. Precludes any royalty obligation for such secondary transmission. Makes actionable as an act of infringement fully subject to copyright remedies a satellite carrier's willful or repeated secondary transmission into a television broadcast station's local market of the station's primary transmission embodying a performance or display of a work to a subscriber outside the station's local market, if the satellite carrier has not complied with FCC rules, regulations, or authorizations concerning signal carriage. Applies the same infringement liability and copyright remedies to a satellite carrier if: (1) the content of a particular program in which the performance or display is embodied or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal; or (2) such transmission is made to a subscriber outside the station's local market who is not subject to compulsory licensing or a private licensing agreement, unless the satellite promptly withdraws service from the ineligible subscriber. Sets forth additional remedies for willful and repeated patterns or practices of such violations. Places on the satellite carrier the burden of proof in any action brought under this Act that its secondary transmission of a station's primary transmission is made only to subscribers within the station's local market or subscribers being served in compliance with compulsory licensing requirements. Provides that, with respect to any actionable secondary transmission by a satellite carrier of a primary transmission embodying the performance or display of a work, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station. (Sec. 203) Amends the Satellite Home Viewer Act of 1994 to extend until December 31, 2004, the sunset of the satellite compulsory license. (Sec. 204) Revises the formula used to compute the rate of royalty fees for satellite carriers in effect on January 1, 1998, by reducing the $.27 rate for retransmission of: (1) superstation signals by 30 percent; and (2) network stations by 45 percent. Provides that, for purposes of copyright arbitration royalty panels, the Public Broadcasting Service (PBS) shall be the agent for all public television copyright claimants and all PBS member stations with respect to royalty fees paid by satellite carriers for retransmitting the PBS satellite feed. (Sec. 205) Subjects to compulsory license a copyrighted programming carried upon the PBS national satellite feed. Conditions such license, after certain circumstances take place, or two years after the effective date of this Act, whichever is earlier, on the annual PBS certification that a majority of PBS membership supports the secondary transmission of the PBS satellite feed. Defines "Public Broadcasting Service satellite feed" as the national satellite feed distributed by PBS consisting of educational and informational programming intended for private home viewing, to which PBS holds national terrestrial broadcast rights. (Sec. 206) Limits the compulsory license to secondary transmissions of network stations to persons who are unable to receive a signal of the intensity specified as the Network Nonduplication Signal Standard (currently, limited to secondary transmissions to persons who reside in unserved households). Makes use of the compulsory license contingent upon compliance with the FCC nonduplication requirements of title I of this Act. (Sec. 207) Makes satellite carrier eligibility for the compulsory license contingent upon full compliance with all FCC signal carriage requirements. (Sec. 208) Requires the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information jointly to study and report to Congress on the technical and economic impact of must-carry requirements on delivery of local signals.

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