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Code · BILL · 116th Congress · H.R. 3994 (Introduced in House) — To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regul... · Sec. 5

Sec. 5. Repeal of regulatory intervention in the copyright act

986 words·~4 min read·/bill/116/hr/3994/ih/section-5

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Section 119 of title 17, United States Code, is hereby repealed. The table of sections at the beginning of chapter 1 of title 17, United States Code, is amended by striking the item related to section 119. Section 111 of title 17, United States Code, is amended— in subsection (a)(4), by striking section 119 or ; in subsection (c)— by striking broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and inserting qualified broadcast station each place it appears; and in paragraph (1), by striking where the carriage and all that follows before the period at the end; in subsection (d)(1)(A), by striking the second sentence; and in subsection (f)— in paragraph (4), by striking 122(j)(2)(C) and inserting 122(g)(2)(C) ; and by adding at the end, the following:
The term qualified broadcast station means a broadcast station licensed by the Federal Communications Commission, or by an appropriate governmental authority of Canada or Mexico, that elects mandatory carriage under section 614 or 615 of the Communications Act of 1934. 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. .
Section 122 of title 17, United States Code, is amended— by striking television broadcast stations each place it appears and inserting qualified television broadcast stations ; by striking television broadcast station each place it appears and inserting qualified television broadcast station ; in subsection (a)— in paragraph (1)— in subparagraph (A), by striking the semicolon at the end and inserting ; and ; by striking subparagraph (B); and by redesignating subparagraph
(C)as subparagraph (B); by striking paragraphs (2), (3), and (5); by redesignating paragraph
(4)as paragraph (2); and in paragraph (2), as so redesignated, by striking and all that follows through Special exceptions.— A secondary transmission of a performance or display In the case of a system and inserting ; Special exception.— In the case of a system by striking subsections (b), (f ), and (g); by redesignating subsections (c), (d), (e), (h), (i), and
(j)as subsections (b), (c), (d), (e), (f), and (g), respectively; in subsection (c), as so redesignated— by striking television broadcast station each place it appears and inserting qualified television broadcast station ; by striking television broadcast signals and inserting signal of a qualified television broadcast stations ; and by striking , if the satellite carrier and all that follows before the period at the end; in subsection (d), as so redesignated, by striking television broadcast station each place it appears and inserting qualified television broadcast station ; in subsection (f), as so redesignated, by striking and section 119 ; and in subsection (g), as so redesignated— in paragraph (2)(E), by striking 338(l) and inserting 338(k) ; by amending paragraph
(4)to read as follows: The term network station means— a television station licensed by the Federal Communications Commission, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States that offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934); except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service. ; by redesignating paragraphs (5), (6), and
(7)as paragraphs (6), (7), and (8), respectively; by inserting after paragraph (4), the following: The term non-network station means a television station, other than a network station, licensed by the Federal Communications Commission, that is secondarily transmitted by a satellite carrier. ; and in paragraph (8), as so redesignated— in the heading, by striking and inserting Television broadcast station ; Qualified television broadcast station in subparagraph (A), by inserting , that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934 after Regulations ; and in subparagraph (B)— by inserting that elects mandatory carriage pursuant to section 338 of the Communications Act of 1934, after Mexico ; and by striking as defined in section 119(d)(2)(A) . Title 17, United States Code, is amended— in section 501— by striking local service area each place it appears and inserting designated market area ; by striking subsection (e); by redesignating subsection
(f)as subsection (e); and by adding at the end the following: In this section, 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 708(a)(10), by striking 119 or ; in section 801— in subsection (b)(1), by striking 119, ; and by striking , 119, each place it appears; in section 803— in subsection (b)(1)(A)(i), in the matter preceding subclause (I), by striking , 119 ; in subsection (d)(2)(C)(i), by striking , 119 ; and in subsection (e)(2), by striking 118, or 119 and inserting or 118 ; and in section 804— in subsection (a), by striking , 119 ; and in subsection (b)(8), by striking , 119, .
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Sec. 5
Repeal of regulatory intervention in the copyright act
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