Sec. 3. Repeal of regulatory intervention in the television marketplace under the Copyright Act
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Sections 119, 122, and 510 of title 17, United States Code, are hereby repealed. The table of sections at the beginning of— chapter 1 of title 17, United States Code, is amended by striking the items related to sections 119 and 122; and chapter 5 of title 17, United States Code, is amended by striking the item related to section 510. Section 111 of title 17, United States Code, is amended— in subsection (a)— in paragraph (1)— by striking local service area of such station and inserting designated market area (as defined in section 501(f)(2)) ; and by striking or after the semicolon; in paragraph
(2)by striking or after the semicolon; and by amending paragraph
(4)to read as follows: the secondary transmission— is made by— a cable system in accordance with section 615 of the Communications Act of 1934 ( 47 U.S.C. 535 ); or a satellite carrier in accordance with section 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ); and is consistent with the rules, regulations, and authorizations of the Federal Communications Commission; or ; in subsection
(b)by striking subsections
(a)and
(c)and inserting subsection
(a); by striking subsections (c), (d), and (e); by redesignating subsection
(f)as subsection (c); and in subsection (c), as so redesignated— in paragraph (3), by striking the second sentence; by striking paragraphs
(4)through (13); and by adding at the end the following new paragraphs: The term satellite carrier means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ), other than for private home viewing. The term private home viewing means the viewing, for private use in a household by means of satellite reception equipment that is operated by an individual in that household and that serves only such household, of a secondary transmission delivered by a satellite carrier of a primary transmission of a television station licensed by the Federal Communications Commission. . Title 17, United States Code, is amended— in section 106, by striking 122 and inserting 121 ; in section 110(8), by striking section 111(f) and inserting section 111(c) ; in section 114(d)(1)(B)(iii), by striking section 111(f) and inserting section 111(c) ; in section 501— in subsection (a), by striking 122 and inserting 121 ; by striking subsections (c), (d), and (e); and by amending subsection
(f)to read as follows: With respect to any secondary transmission that is made by a cable system or by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b), be treated as a legal or beneficial owner if such secondary transmission occurs within the designated market area of that station. For purposes of this subsection, the term designated market area means a designated market area, as determined by Nielsen Media Research and published in the 1999–2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. ; in section 511(a), by striking 122 and inserting 121 ; in section 708(a)— in paragraph (8), by inserting and after the semicolon; in paragraph (9), by striking the semicolon and inserting a period; by striking paragraphs
(10)and (11); and by striking Fees established under paragraphs
(10)and
(11)shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the collection and administration of the statements of account and any royalty fees deposited with such statements. ; in section 801— in subsection (b)— in paragraph
(1)by striking 119, ; by striking paragraph (2); by redesignating paragraphs (3), (4), (5), (6), (7), and
(8)as paragraphs (2), (3), (4), (5), (6), and (7), respectively; and in paragraph (2), as so redesignated— in subparagraph (A), by striking , as the case may be, ; in subparagraph (B), by striking , as the case may be ; and in subparagraph (C), by striking section 804(b)(8) and inserting section 804(b)(7) ; by striking sections 111, 119, and each place it appears and inserting section ; and by striking 111, 119, or each place it appears; in section 803— in subsection (b)(1)(A)(i)— by striking 111, ; by striking 119, ; and in subclause (V), by striking , except that the publication of notice requirement shall not apply in the case of proceedings under section 111 that are scheduled to commence in 2005 ; in subsection (d)(2)(C)(i)— by striking 111, ; and by striking 119, ; and in subsection (e)(2)— by striking 111, ; and by striking 118, or 119 and inserting or 118 ; and in section 804— in subsection (a)— by striking paragraphs
(1)and
(2)and inserting paragraph
(1); by striking 111, ; and by striking 119, ; and in subsection (b)— by striking paragraph (1); by redesignating paragraphs (2), (3), (4), (5), (6), (7), and
(8)as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively; and in paragraph (7), as so redesignated— by striking section 801(b)(3) and inserting section 801(b)(2) ; and by striking 111, 119, or .
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Sec. 3
Repeal of regulatory intervention in the television marketplace under the Copyright Act
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