Copyright Compulsory License Improvement Act - Amends Federal copyright law to make a secondary transmission by a satellite carrier (carrier) of a primary transmission of a television broadcast station into the station's local market subject to Federal statutory licensing if: (1) the secondary transmission is made by the carrier to the public; (2) the carrier is in compliance with Federal Communications Commission (FCC) rules, regulations, or authorizations governing the carriage of television signals; and (3) the carrier makes a charge for the secondary transmission either to each receiving subscriber or to a distributor that has contracted with the carrier for the direct or indirect delivery of such transmission to the public. Requires a carrier making such a transmission to submit to the television station involved a list identifying only those subscribers located in that station's local market to which the carrier makes such transmissions. Allows such list to be used only to monitor carrier compliance with this Act. Mandates that a carrier whose secondary transmissions are subject to such statutory licensing shall pay no royalty fees for such transmissions.
Authorizes actions against carriers for: (1) noncompliance with list reporting requirements; (2) willful alterations of the content of a program (or its advertisement) which is part of a secondary transmission; and (3) the retransmission of the primary transmission of a television station to subscribers located outside the market of such station (including specific actions and penalties for a pattern of such violations). Requires the burden of proof in such actions to be upon the carrier. Provides a copyright infringement action on behalf of a television station with respect to a secondary transmission made without compliance with this Act.
(Sec. 3) Amends the Satellite Home Viewer Act of 1994 to extend through December 31, 2004, the satellite statutory license authorized under such Act.
(Sec. 4) Reduces the royalty fees paid by carriers for the retransmission of network and superstation primary transmissions by 45 and 30 percent, respectively.
(Sec. 5) Extends to the Public Broadcasting Service (PBS) statutory license authority with respect to copyrighted programming carried on the PBS satellite feed. Requires PBS to certify annually to the Copyright Office, subsequent to the date on which a majority of satellite subscribers are able to receive at least one noncommercial educational television station located in their market, or two years after the effective date of this Act, whichever is earlier, that PBS membership supports the retransmission of the PBS satellite feed under the statutory licensing provisions.
(Sec. 6) Provides that when a carrier begins local service of two or more network stations in a television market, no distant signals of those networks that the carrier is providing locally may be imported into such market.
(Sec. 7) Requires carriers to comply with all FCC rules, regulations, and authorizations in order to receive statutory license protections.
(Sec. 8) Amends the Communications Act of 1934 to prohibit a cable system or other multichannel video programming distributor from retransmitting the signal of a broadcast television station, except: (1) with express authority of the station; or (2) in accordance with provisions of this Act which provide for the carriage of local television signals by satellite carriers. Provides exceptions. Requires the FCC to commence a rulemaking proceeding to revise regulations governing the exercise by television stations of the right to grant retransmission consent to a cable system or other distributor.
(Sec. 9) Requires each carrier providing direct to home service of a television station to subscribers located within the local market of such station to carry, no later than January 1, 2002, all television stations located within that market. Requires the station to bear all costs associated with delivering a good quality signal to the designated local receive facility of the carrier. States that such carrier shall not be required to carry the signal of any local television station that substantially duplicates the signal of another station which is secondarily transmitted by the carrier, or to carry the signals of more than one station of a particular broadcast network. States that a carrier shall not be required to carry the local television station on any particular channel, but must provide contiguous channels in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu. Sets forth: (1) a prohibition against a carrier charging a local television station for such carriage, except for charges associated with good quality signals; and (2) remedies for local television stations alleging that a carrier has not complied with such requirements, with complaint determination by the FCC.
(Sec. 10) Directs the FCC to establish regulations that apply network nonduplication protection, syndicated exclusivity protection, and sports blackout protection to the retransmission of television broadcast signals by carriers to subscribers.
(Sec. 11) Directs the Register of Copyrights and the FCC to jointly submit to Congress a report of findings and conclusions with respect to the technical feasibility of imposing the must-carry requirements of the Telecommunications Act of 1934 on satellite carriers that deliver local signals, and the technical and economic impact of such requirements on the ability of such carriers to serve multiple television markets with retransmission of local television stations, with special emphasis on markets other than the 100 largest U.S. television markets.
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Courts and Intellectual Property.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.
Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-86, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-86, Part I.
House Committee on Commerce Granted an extension for further consideration ending not later than April 16, 1999.
Committee on Commerce discharged.
Committee on Commerce discharged.
Placed on the Union Calendar, Calendar No. 52.
See H.R.1554.