Satellite Consumer Protection and Competition Act of 1998

TABLE OF CONTENTS:

Title I: Amendments to Communications Act of 1934

Title II: Amendments to Title 17, United States Code

Satellite Consumer Protection and Competition Act of 1998 - Title I: Amendments to Communications Act of 1934 - Amends the Communications Act of 1934 to prohibit a satellite carrier from retransmitting the signal of a television broadcast station (TV station) except: (1) with the express authority of the TV station; or (2) in accordance with provisions of this Act which provide for the carriage of local television signals by satellite carriers.

Makes such prohibition inapplicable with respect to: (1) retransmission of the signal of a noncommercial TV station; (2) retransmission of the signal of a TV station outside such station's local market area by a satellite carrier directly to subscribers if on May 1, 1991, such station was a superstation and on December 31, 1997, the station was a network station whose signal was retransmitted by satellite carriers directly to at least 500,000 subscribers; (3) retransmission of the distant signal of a TV station owned, operated, or affiliated with a network directly to a home satellite antenna, if the household receiving the signal is an unserved household; (4) retransmission by a cable operator or other multichannel video programming distributor of the signal of a TV station outside that station's local market if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991, the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers; or (5) retransmission by a satellite carrier to a subscriber before the effective date of regulations promulgated under this Act.

Directs the Federal Communications Commission (FCC) to commence a rulemaking proceeding to revise regulations governing the exercise by TV stations of the right to grant retransmission consent as well as the administration of limitations to such right provided under this Act. Requires such regulations to be prescribed within one year after the effective date of this Act. Outlines requirements for such regulations.

(Sec. 102) Requires each satellite carrier providing secondary transmissions to subscribers located within the local market of a TV station of a primary transmission made by that station to carry, upon request, all TV stations located within that local market by retransmitting the signals of such stations as identified by the FCC. Provides limitations concerning the implementation of such requirement. Requires the video, audio, and closed captioning transmission of such stations to be carried, as well as their full program schedules. States that such satellite carrier shall not be required to carry the signal of a local TV station that substantially duplicates the signal of another station which is secondarily transmitted by such carrier within the same local market, or to carry more than one station of a particular broadcast network. Allows the carrier to choose the channel positioning of such stations, as long as it is done in a nondiscriminatory manner. Prohibits a carrier from charging for the carriage of such stations, except that each station is required to bear costs associated with delivering a good quality signal to the facility of the satellite carrier. Requires implementing regulations. Provides remedies for local TV stations alleging that a satellite carrier has not complied with such requirements, with complaint determination by the FCC.

(Sec. 103) Provides that satellite carriers retransmitting the signal of a distant network station to households located within an area served by a local affiliate of the same network shall not be required to discontinue carriage of the distant network station to such households prior to February 28, 1999. Requires the FCC to complete a rulemaking proceeding with respect to the determination of unserved areas or households.

Title II: Amendments to Title 17, United States Code - Amends Federal copyright law to subject to statutory copyright licensing the secondary transmission into the local market of a TV station of a designated transmission made by that station and embodying the performance or display of a work if: (1) the secondary transmission is made by a satellite carrier to the public; and (2) the satellite carrier makes a charge for such transmission to each subscriber receiving it or a distributor that has contracted with the carrier for the delivery of the secondary transmission to the public. Requires a satellite carrier making such transmissions to report to that station a list identifying all subscribers to which the carrier currently makes such transmissions. Allows information from such list to be used only to monitor satellite carrier compliance under this section. States that such a carrier is not obligated to pay a royalty fee for such secondary transmissions. Outlines provisions concerning: (1) satellite carrier noncompliance with reporting requirements; (2) actions against a carrier for the willful alteration of the content of a program or work; (3) geographic limitations on such secondary transmissions; and (4) exclusivity of the above requirements with respect to secondary transmissions of TV stations by satellite to members of the public.

(Sec. 202) Removes the requirement that, to be considered an unserved household, such household has not, within 90 days of subscribing or renewing the receipt of a secondary transmission by a satellite carrier of an affiliated network station, subscribed to a cable system that provides the signal of a primary network station affiliated with that network.

(Sec. 203) Amends the Satellite Home Viewer Act of 1994 to extend through January 1, 2002, the effective date of amendments concerning statutory licensing for satellite carriers.

(Sec. 204) Amends copyright law concerning secondary transmissions of superstations and network stations for private home viewing to state that a satellite carrier shall not be required to terminate service of a network station to a subscriber until February 28, 1999 (a transition period). Applies and recognizes FCC rules, regulations, and authorizations in the enforcement of such provisions.