Satellite Consumer Protection Act of 2006 - Grants a satellite carrier under an injunction for certain secondary transmission violations a statutory license to provide distant network stations in specified local markets under prescribed conditions. Requires a satellite carrier as a condition of license use to deposit escrow funds with the Copyright Office. Imposes monetary penalties for license violations.
Terminates such license authority after February 17, 2009.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4067 Introduced in Senate (IS)]
2d Session
S. 4067
To provide for secondary transmissions of distant network signals for
private home viewing by certain satellite carriers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2006
Mr. Leahy (for himself, Mr. Allard, Mr. Rockefeller, Mr. Byrd, Mr.
Inouye, Mr. Salazar, Mr. Roberts, Ms. Snowe, Mr. Pryor, Mr. Enzi, Mrs.
Clinton, and Mr. Ensign) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for secondary transmissions of distant network signals for
private home viewing by certain satellite carriers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Consumer Protection Act of
2006''.D23/
SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS: SECONDARY TRANSMISSIONS OF
DISTANT NETWORK SIGNALS FOR PRIVATE HOME VIEWING BY
CERTAIN SATELLITE CARRIERS.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended by inserting after section 119 the following:
``Sec. 119A. Limitations on exclusive rights: secondary transmissions
of distant network signals for private home viewing by
certain satellite carriers
``(a) Statutory License Granted.--
``(1) In general.--Notwithstanding any injunction issued
under section 119(a)(7)(B), a satellite carrier found to have
engaged in a pattern or practice of violations pursuant to
section 119(a)(7)(B) is granted a statutory license to provide
a secondary transmission of a performance or display of a work
embodied in a primary transmission made by a network station in
accordance with the provisions of this section.
``(2) Significantly viewed signals.--Under the statutory
license granted by paragraph (1), a satellite carrier may
provide a secondary transmission of a primary transmission made
by a network station as provided in paragraph (2)(C) or (3) of
section 119(a).
``(3) Distant signals.--
``(A) In general.--Under the statutory license
granted by paragraph (1), a satellite carrier may
provide a secondary transmission of a performance or
display of a work embodied in a primary transmission
made by a network station, subject to the limitations
of subparagraphs (B) and (C), of not more than 1
network station in a single day for each television
network.
``(B) Non-local-into-local markets.--A satellite
carrier may provide a secondary transmission under
subparagraph (A) in a local market (as defined in
section 122(j)) in which a satellite carrier does not
currently provide, and has not ever provided, a
transmission pursuant to a statutory license under
section 122, if the satellite carrier--
``(i) complies with the terms and
conditions for a statutory license under
section 119; and
``(ii) certifies to the Copyright Office
within 30 days after the date of enactment of
the Satellite Consumer Protection Act of 2006,
or before initiating service to a subscriber
under this section, whichever is later, that
all subscribers receiving secondary
transmissions pursuant to a statutory license
under this section in that local market reside
in unserved households, as determined under
section 119(a)(2)(B)(ii); and
``(iii) deposits, in addition to the
deposits required by section 119(b)(1), a
duplicate payment with the Register of
Copyrights in the same amount for each network
station in the local market affiliated with the
same network as the network station being
imported.
``(C) Short markets.--In a local market (as defined
in section 122(j)) in which a network station (as
defined in section 119(d)) affiliated with the ABC,
CBS, NBC, or Fox television network is not licensed by
the Federal Communications Commission, a satellite
carrier may provide secondary transmission under
subparagraph (A) of the primary signals of a network
station affiliated with that network, if the satellite
carrier--
``(i) complies with the terms and
conditions for a statutory license under
section 119; and
``(ii) certifies to the Copyright Office
within 30 days after the date of enactment of
the Satellite Consumer Protection Act of 2006,
or before initiating service to a subscriber
under this section, whichever is later, that
all subscribers receiving secondary
transmissions pursuant to a statutory license
under this section in that local market reside
in unserved households, as determined under
section 119(a)(2)(B)(ii).
``(D) Short market exception.--
``(i) In general.--Notwithstanding
subparagraph (C), a satellite carrier may not
provide secondary transmission of the primary
signals of a network station under that
subparagraph if secondary transmission of those
signals could be provided under paragraph (2).
``(ii) Discontinuance of secondary
transmission when primary signal becomes
available.--Notwithstanding subparagraph (C), a
satellite carrier that has been providing
secondary transmission of the primary signals
of a network station under subparagraph (C) in
a local market may not provide such secondary
transmission in that local market more than 30
days after the date on which a network station
affiliated with the same network begins to
broadcast or rebroadcast the basic programming
service of that network in that local market
and could be carried pursuant to a license
under section 122.
``(b) Distribution of Duplicate Deposit Amounts.--The Copyright
Royalty Judges shall authorize the Librarian of Congress to distribute
semiannually amounts received by the Register of Copyrights as deposits
under subsection (a)(3)(B)(iii), after deducting the reasonable costs
incurred by the Copyright Office and the Copyright Royalty Judges under
this section, in accordance with a process that the Copyright Royalty
Judges may prescribe by regulation, to a network station (as defined in
section 119(d)(2)) affiliated with the network whose signals are being
carried under this section to a community within the local market (as
defined in section 122(j)) in which such signals are being provided
under this section.
``(c) Statutory Damages.--
``(1) In general.--The violation by a satellite carrier of
subsection (a) is actionable as an act of infringement under
section 501 and is subject to statutory damages equal to $100
per month multiplied by the number of subscribers with respect
to which the violation was committed for each month during
which the violation was committed (treating each month of a
continuing violation as a separate violation).
``(2) Petition.--A petition for statutory damages may be
made to the Copyright Royalty Judges, pursuant to such rules as
may be prescribed by the Copyright Royalty Judges by
regulation. In any proceeding under this section, the satellite
carrier shall have the burden of proving that its secondary
transmission of a primary transmission by a network station is
to a subscriber who is eligible to receive the secondary
transmission under this section.
``(3) Escrow.--As a condition of using the statutory
license under subsection (a), a satellite carrier must deposit
the sum of $20,000,000 in escrow with the Copyright Office. The
Copyright Office shall deposit the escrow funds in an account
in the Treasury of the United States, in such manner as the
Secretary of the Treasury directs, and invested in interest-
bearing securities of the United States with any interest from
such investment to be credited to the account. The Copyright
Royalty Judges shall have exclusive jurisdiction to determine
liability for and entitlement to the statutory damages owed to
the petitioning party in accordance with a process to be
prescribed by regulation and they shall authorize the Librarian
of Congress to distribute funds from the escrow account to
satisfy this determination. After all petitions under this
section against a satellite carrier have been resolved, any
amount remaining in the satellite carrier's escrow account
after February 17, 2009, after deducting the reasonable costs
incurred by the Copyright Office and the Copyright Royalty
Judges under this section, shall be returned to the satellite
carrier.
``(4) Judicial review.--A satellite carrier may seek
judicial review of all determinations of the Copyright Royalty
Judges on a consolidated basis in a single petition of appeal
to the United States Court of Appeals for the District of
Columbia Circuit within 30 days after the later of--
``(A) February 17, 2009; or
``(B) the date on which all amounts in the escrow
account have been distributed or returned.
``(d) Sunset.--This section shall not apply after February 17,
2009.''.
(b) Conforming Amendment.--The chapter analysis for chapter 1 of
title 17, United States Code, is amended by inserting after the item
relating to section 119 the following:
``119A. Limitations on exclusive rights: secondary transmissions of
distant network signals for private home
viewing by certain satellite carriers.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11070)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11070-11071)
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