H.R.1037 - To make technical corrections to title 17, United States Code. 109th Congress (2005-2006)

Union Calendar No. 36

[Report No. 109–75]

To make technical corrections to title 17, United States Code.

To make technical corrections to title 17, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Amendments relating to statutory license for satellite carriers.

(1) Subsection (a)(2)(C) is amended—

(A) in clause (i)—

(i) in the heading, by inserting “commercial” after “single”;

(ii) by inserting “commercial” after “a single”; and

(iii) by striking “(47 CFR 76.51)” and inserting “(section 76.51 of title 47, Code of Federal Regulations)”;

(B) in clause (ii), by striking “47 of the Code” and inserting “47, Code”;

(C) in clause (iii), by striking “if the satellite carrier” and inserting “if a satellite carrier or cable system”; and

(D) in clause (iv)(II), by inserting “U.S. Television Household Estimates by” after “according to”.

(2) Subsection (a)(2)(B)(i) is amended in the last sentence by striking “under paragraph (3)” and inserting “authorized under paragraph (3)”.

(3) Subsection (a)(3) is amended—

(A) in subparagraph (A), by striking “Commission, to be” and all that follows through the end and inserting “Commission to be significantly viewed, as defined in section 76.5 of title 47, Code of Federal Regulations, as in effect on April 15, 1976.”; and

(B) in subparagraph (C)(i) in the last sentence, by inserting “otherwise” after “specifically stated”.

(4) Subsection (a)(4)(E) is amended to read as follows:

“(E) OTHER PROVISIONS NOT AFFECTED.—Subparagraphs (A), (B), and (C) shall not affect the applicability of the statutory license to secondary transmissions authorized under paragraphs (3) and (12).”.

(5) Subsection (a)(4)(F) is amended—

(A) in the first sentence, by striking “(C) or (D)” and inserting “(A) or (B)”; and

(B) in the last sentence, by inserting “otherwise” after “specifically stated”.

(6) Subsection (a)(14) is amended in the last sentence, by inserting “otherwise” after “specifically stated”.

(7) Subsection (c)(1) is amended—

(A) in subparagraph (B)—

(i) by inserting “notice” after “shall cause”;

(ii) by inserting “and distributors” after “paid by satellite carriers”; and

(iii) by striking “analog transmission” and inserting “analog transmissions”;

(B) in subparagraph (C) in the second sentence—

(i) by striking “distributors and copyright” and inserting “distributors, and copyright”; and

(ii) by striking “royalty fee” and inserting “royalty fees”;

(C) in subparagraph (D)—

(i) in clause (i), by striking “that a parties thereto” and inserting “that are parties thereto”; and

(ii) in clause (ii)(I), by striking “subparagraph (E)” and inserting “subparagraph (F)”; and

(D) in subparagraph (F)—

(i) in clause (i)—

(I) by striking “royalty fee” and all that follows through “distributors” and inserting “royalty fees to be paid by satellite carriers and distributors for the secondary transmission of the primary analog transmissions of network stations and superstations under subsection (b)(1)(B)”; and

(II) in the last sentence, by striking “arbitrary” and inserting “arbitration”;

(ii) in clause (ii), by striking “fair market value of secondary transmissions” and inserting “fair market value of such secondary transmissions”;

(iii) in clause (iii)—

(I) in subclause (I), by striking “2004;” and inserting “2004,”; and

(II) by striking all that follows subclause (I) and inserting the following:

“(II) is made by the Librarian under section 802(f) as in effect on the day before such date of enactment,

shall be effective as of January 1, 2005.”; and

(iv) in clause (iv)—

(I) by striking “(iii)” and inserting “clause (iii)”; and

(II) by striking “distributors and copyright owners,” and inserting “distributors, and copyright owners”.

(8) Subsection (c)(2) is amended—

(A) in subparagraph (A), by striking “section 298.3(b)(1)” and inserting “section 258.3(b)(1)”; and

(B) in subparagraph (C), by striking “accordance with to” and inserting “accordance with”.

(9) Subsection (a)(15)(A) is amended by striking the comma after “television station”.

(10) Subsection (a)(16)(B) is amended by inserting a comma after “Alaska if”.

(11) Subsection (d)(12) is amended by striking “low power television as defined” and inserting “low power television station as defined”.