The date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, referred to in subsecs. (a)(3)(C)(i), (4)(A)(i)(II), (C)(i), (D), (F), (14), (15)(E), (c)(2)(A), and (d)(10)(B), is the date of the enactment of Pub. L. 108–447, which was approved Dec. 8, 2004.

The date of the enactment of the Copyright Royalty and Distribution Act of 2004, referred to in subsec. (c)(1)(F), probably means the date of the enactment of the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, which was approved Nov. 30, 2004.

The Communications Act of 1934, referred to in subsec. (d)(6), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Sections 338 to 340 and 397 of the Act are classified to sections 338 to 340 and 397, respectively, of Title 47. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.

2006—Subsec. (b)(4)(B). Pub. L. 109–303, § 4(e)(1)(A), substituted second sentence for former second sentence which read as follows: “If the Copyright Royalty Judges determine that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents.”

Subsec. (b)(4)(C). Pub. L. 109–303, § 4(e)(1)(B), amended subpar. (C) generally. Prior to amendment, text of subpar. (C) read as follows: “During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have the discretion to proceed to distribute any amounts that are not in controversy.”

Subsec. (c). Pub. L. 109–303, § 4(g), deemed amendment by Pub. L. 108–419, § 5(h), never to have been enacted. See 2004 Amendment note below.

Subsec. (c)(1)(F)(i). Pub. L. 109–303, § 4(e)(2), substituted “arbitration” for “arbitrary” in concluding provisions.

2004—Subsec. (a)(1). Pub. L. 108–447, § 107(a)(1), inserted “or for viewing in a commercial establishment” after “for private home viewing” in two places and substituted “subscriber” for “household”.

Pub. L. 108–447, § 102(1), struck out “and pbs satellite feed” after “Superstations” in heading, substituted “paragraphs (5), (6), and (8)” for “paragraphs (3), (4), and (6)” and struck out “or by the Public Broadcasting Service satellite feed” after “primary transmission made by a superstation” in first sentence, and struck out at end “In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002.”

Subsec. (a)(2)(A). Pub. L. 108–447, § 102(2)(A), substituted “paragraphs (5), (6), (7), and (8)” for “paragraphs (3), (4), (5), and (6)”.

Subsec. (a)(2)(B)(i). Pub. L. 108–447, § 102(7), inserted at end “The limitation in this clause shall not apply to secondary transmissions under paragraph (3).”

Subsec. (a)(2)(C), (D). Pub. L. 108–447, § 102(2)(B), added subpars. (C) and (D) and struck out heading and text of former subpar. (C). Text read as follows: “A satellite carrier that makes secondary transmissions of a primary transmission made by a network station pursuant to subparagraph (A) shall, 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission. Thereafter, on the 15th of each month, the satellite carrier shall submit to the network a list identifying (by name and street address, including county and zip code) any persons who have been added or dropped as such subscribers since the last submission under this subparagraph. Such subscriber information submitted by a satellite carrier may be used only for purposes of monitoring compliance by the satellite carrier with this subsection. The submission requirements of this subparagraph shall apply to a satellite carrier only if the network to whom the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register shall maintain for public inspection a file of all such documents.”

Subsec. (a)(3) to (6). Pub. L. 108–447, §§ 102(5), (6), 103 (1), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. Former pars. (5) and (6) redesignated (7) and (8), respectively.

Subsec. (a)(7). Pub. L. 108–447, § 102(5), redesignated par. (5) as (7). Former par. (7) redesignated (9).

Subsec. (a)(7)(A). Pub. L. 108–447, § 103(6)(A), substituted “who is not eligible to receive the transmission under this section” for “who does not reside in an unserved household” in introductory provisions.

Subsec. (a)(7)(B). Pub. L. 108–447, § 103(6)(B), substituted “who are not eligible to receive the transmission under this section” for “who do not reside in unserved households” in introductory provisions.

Subsec. (a)(7)(D). Pub. L. 108–447, § 103(6)(C), substituted “is to a subscriber who is eligible to receive the secondary transmission under this section” for “is for private home viewing to an unserved household”.

Subsec. (a)(8). Pub. L. 108–447, § 102(3), (5), redesignated par. (6) as (8) and struck out former par. (8) which related to transitional signal intensity measurement procedures.

Subsec. (a)(9) to (13). Pub. L. 108–447, § 102(4), (5), redesignated pars. (7) and (9) to (12) as (9) and (10) to (13), respectively.

Subsec. (a)(14). Pub. L. 108–447, § 103(2), added par. (14).

Subsec. (a)(15). Pub. L. 108–447, § 104, added par. (15).

Subsec. (a)(16). Pub. L. 108–447, § 111(a), added par. (16).

Subsec. (b)(1). Pub. L. 108–447, § 103(4), inserted at end: “Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation for secondary transmissions to a subscriber under paragraph (3) of such subsection.”

Subsec. (b)(1)(A). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “to subscribers”.

Subsec. (b)(1)(B). Pub. L. 108–447, § 103(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “a royalty fee for that 6-month period, computed by—

“(i) multiplying the total number of subscribers receiving each secondary transmission of a superstation during each calendar month by 17.5 cents per subscriber in the case of superstations that as retransmitted by the satellite carrier include any program which, if delivered by any cable system in the United States, would be subject to the syndicated exclusivity rules of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations that are syndex-proof as defined in section 258.2 of title 37, Code of Federal Regulations;

“(ii) multiplying the number of subscribers receiving each secondary transmission of a network station or the Public Broadcasting Service satellite feed during each calendar month by 6 cents; and

“(iii) adding together the totals computed under clauses (i) and (ii).”

Subsec. (b)(3). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmission”.

Pub. L. 108–419, § 5(g)(1), substituted “Copyright Royalty Judges” for “Librarian of Congress”.

Subsec. (b)(4)(A). Pub. L. 108–447, § 107(a)(2), struck out “for private home viewing” after “secondary transmissions”.

Pub. L. 108–419, § 5(g)(2)(A), substituted “Copyright Royalty Judges” for “Librarian of Congress” in two places.

Subsec. (b)(4)(B), (C). Pub. L. 108–419, § 5(g)(2)(B), reenacted headings without change and amended text generally, substituting provisions relating to duties of Copyright Royalty Judges concerning determination of royalty fee controversies and distribution of royalty fees for provisions relating to duties of Librarian of Congress relating to such determination and distribution.

Subsec. (c). Pub. L. 108–447, § 103(5), amended heading and text of subsec. (c) generally. Prior to amendment, text related to adjustment, determination, arbitration, and reduction of royalty fees.

Pub. L. 108–419, § 5(h), which directed amendment of subsec. (c) by substituting “Copyright Royalty Judges” for “Librarian of Congress” in par. (2)(B), “Copyright Royalty Judges shall prescribe as provided in section 803 (b)(6)” for “Register of Copyrights shall prescribe” in par. (2)(C), “proceedings” for “arbitration proceedings” and for “arbitration proceeding” in par. (3)(A), “Copyright Royalty Judges” for “copyright arbitration royalty panel appointed under chapter 8” and “Copyright Royalty Judges shall base their determination” for “panel shall base its decision” in par. (3)(B), “determination under chapter 8” for “decision of arbitration panel or order of librarian” in heading of par. (3)(C), and “(i) is made by the Copyright Royalty Judges pursuant to this paragraph and becomes final, or” and “(ii) is made by the court on appeal under section 803 (d)(3),” for cls. (i) and (ii), respectively, of par. (3)(C), was deemed never to have been enacted by Pub L. 109–303, § 4(g). See Removal of Inconsistent Provisions note below.

Subsec. (d)(1). Pub. L. 108–447, § 107(a)(3), struck out “for private home viewing” after “individual subscribers” and inserted “in accordance with the provisions of this section” before the period at end.

Subsec. (d)(2)(A). Pub. L. 108–447, § 105(1), substituted “a television station licensed by the Federal Communications Commission” for “a television broadcast station”.

Subsec. (d)(6). Pub. L. 108–447, § 107(a)(4), inserted “pursuant to this section” before period at end.

Subsec. (d)(8). Pub. L. 108–447, § 107(a)(5), substituted “or entity that” for “who”, struck out “for private home viewing” after “transmission service”, and inserted “in accordance with the provisions of this section” before period at end.

Subsec. (d)(9). Pub. L. 108–447, § 105(2), amended heading and text of par. (9) generally. Prior to amendment, text read as follows: “The term ‘superstation’—

“(A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and

“(B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed.”

Subsec. (d)(10)(B). Pub. L. 108–447, § 105(3)(A), substituted “that meets the standards of subsection (a)(14) whether or not the waiver was granted before the date of the enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004” for “granted under regulations established under section 339(c)(2) of the Communications Act of 1934”.

Subsec. (d)(10)(D). Pub. L. 108–447, § 105(3)(B), substituted “(a)(12)” for “(a)(11)”.

Subsec. (d)(11) to (13). Pub. L. 108–447, § 105(4), added pars. (11) to (13) and struck out former pars. (11) and (12) which read as follows:

“(11) Local market.—The term ‘local market’ has the meaning given such term under section 122 (j).

“(12) Public broadcasting service satellite feed.—The term ‘Public Broadcasting Service satellite feed’ means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights.”

Subsec. (e). Pub. L. 108–447, § 101(b), substituted “December 31, 2009” for “December 31, 2004”.

Subsec. (f). Pub. L. 108–447, § 108, added subsec. (f).

2002—Subsec. (a)(1). Pub. L. 107–273, § 13209(3)(B), amended Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(A)]. See 1999 Amendment note below.

Pub. L. 107–273, § 13209(3)(A), amended Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(a)]. See 1999 Amendment note below.

Subsec. (a)(2)(A). Pub. L. 107–273, § 13209(1)(A), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(2)]. See 1999 Amendment note below.

Subsec. (a)(6). Pub. L. 107–273, § 13210(1), substituted “of a performance” for “of performance”.

Subsec. (a)(12). Pub. L. 107–273, § 13209(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(3)]. See 1999 Amendment note below.

Subsec. (b)(1)(A). Pub. L. 107–273, § 13210(8), substituted “retransmitted” for “transmitted” and “retransmissions” for “transmissions”.

Subsec. (b)(1)(B)(ii). Pub. L. 107–273, § 13209(2), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(b)]. See 1999 Amendment note below.

1999—Subsec. (a)(1). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(A)], as amended by Pub. L. 107–273, § 13209(3)(B), substituted “performance or display of a work embodied in a primary transmission made by a superstation or by the Public Broadcasting Service satellite feed” for “primary transmission made by a superstation and embodying a performance or display of a work”.

Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(1)], inserted “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”.

Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(a)], as amended by Pub. L. 107–273, § 13209(3)(A), in heading substituted “Superstations and pbs satellite feed” for “Superstations” and in text inserted “In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002.” at end. Pub. L. 107–273, § 13209(3)(A)(ii), which repealed Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(a)(2)], was executed by striking out “or by the Public Broadcasting Service satellite feed” which had been inserted by section 1006 (a)(2) after “of a primary transmission made by a superstation”, to reflect the probable intent of Congress.

Subsec. (a)(2)(A). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(A)], substituted “a performance or display of a work embodied in a primary transmission made by a network station” for “programming contained in a primary transmission made by a network station and embodying a performance or display of a work”.

Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(2)], as amended by Pub. L. 107–273, § 13209(1)(A), inserted “with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals,” after “satellite carrier to the public for private home viewing,”.

Subsec. (a)(2)(B). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(a)(2)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions to persons who reside in unserved households.”

Subsec. (a)(2)(C). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(c)], struck out “currently” after “all subscribers to which the satellite carrier” in first sentence.

Subsec. (a)(4). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(C)], inserted “a performance or display of a work embodied in” after “by a satellite carrier of” and struck out “and embodying a performance or display of a work” after “network station”.

Subsec. (a)(5)(E). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(b)], added subpar. (E).

Subsec. (a)(6). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(2)(D)], inserted “performance or display of a work embodied in” after “by a satellite carrier of” and struck out “and embodying a performance or display of a work” after “network station”.

Subsec. (a)(8)(C)(ii). Pub. L. 106–44 substituted “within the network station’s” for “within the network’s station” in first sentence.

Subsec. (a)(11). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(d)], added par. (11).

Subsec. (a)(12). Pub. L. 106–113, § 1000(a)(9) [title I, § 1007(3)], as amended by Pub. L. 107–273, § 13209(1)(B), added par. (12).

Subsec. (b)(1)(B)(ii). Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(b)], as amended by Pub. L. 107–273, § 13209(2), inserted “or the Public Broadcasting Service satellite feed” after “network station”.

Subsec. (c)(4), (5). Pub. L. 106–113, § 1000(a)(9) [title I, § 1004], added pars. (4) and (5).

Subsec. (d)(2). Pub. L. 106–113, § 1000(a)(9) [title I, § 1008(b)], substituted a semicolon for the period at end of subpar. (B) and inserted concluding provisions.

Subsec. (d)(9). Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(c)(1)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘superstation’ means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier.”

Subsec. (d)(10). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(a)(1)], added par. (10) and struck out heading and text of former par. (10). Text read as follows: “The term ‘unserved household’, with respect to a particular television network, means a household that—

“(A) cannot receive, through the use of a conventional outdoor rooftop receiving antenna, an over-the-air signal of grade B intensity (as defined by the Federal Communications Commission) of a primary network station affiliated with that network, and

“(B) has not, within 90 days before the date on which that household subscribes, either initially or on renewal, to receive secondary transmissions by a satellite carrier of a network station affiliated with that network, subscribed to a cable system that provides the signal of a primary network station affiliated with that network.”

Subsec. (d)(11). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(e)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘local market’ means the area encompassed within a network station’s predicted Grade B contour as that contour is defined by the Federal Communications Commission.”

Subsec. (d)(12). Pub. L. 106–113, § 1000(a)(9) [title I, § 1006(c)(2)], added par. (12).

Subsec. (e). Pub. L. 106–113, § 1000(a)(9) [title I, § 1005(c)], amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “No provision of section 111 of this title or any other law (other than this section) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carrier for private home viewing of programming contained in a primary transmission made by a superstation or a network station may be made without obtaining the consent of the copyright owner.”

1997—Subsec. (a)(5)(C). Pub. L. 105–80, § 1(3), amended Pub. L. 103–369, § 2(5)(A). See 1994 Amendment note below.

Subsec. (b)(1)(B)(i). Pub. L. 105–80, § 1(1), amended Pub. L. 103–369, § 2(3)(A). See 1994 Amendment note below.

Subsec. (c)(1). Pub. L. 105–80, § 12(a)(8), which directed substitution of “unless” for “until unless” before “a royalty fee”, could not be executed because “until” did not appear subsequent to amendment by Pub. L. 103–369, § 2(4)(A), as amended by Pub. L. 105–80, § 1(2). See 1994 Amendment note below.

Pub. L. 105–80, § 1(2), amended Pub. L. 103–369, § 2(4)(A). See 1994 Amendment note below.

Subsec. (c)(2)(A), (D), (3)(A)–(C). Pub. L. 105–80, § 1(2), amended Pub. L. 103–369, § 2(4). See 1994 Amendment notes below.

1995—Subsec. (a)(1), (2)(A). Pub. L. 104–39 inserted “and section 114 (d)” after “of this subsection”.

1994—Subsec. (a)(2)(C). Pub. L. 103–369, § 2(1), struck out “90 days after the effective date of the Satellite Home Viewer Act of 1988, or” before “90 days after commencing”, “whichever is later,” before “submit to the network that owns”, and “, on or after the effective date of the Satellite Home Viewer Act of 1988,” after “Register of Copyrights”, and inserted “name and” after “identifying (by” in two places.

Subsec. (a)(5)(C). Pub. L. 103–369, § 2(5)(A), as amended by Pub. L. 105–80, § 1(3), substituted “November 16, 1988” for “the date of the enactment of the Satellite Home Viewer Act of 1988”.

Subsec. (a)(5)(D). Pub. L. 103–369, § 2(2), added subpar. (D).

Subsec. (a)(8) to (10). Pub. L. 103–369, § 2(5)(B), added pars. (8) to (10).

Subsec. (b)(1)(B)(i). Pub. L. 103–369, § 2(3)(A), as amended by Pub. L. 105–80, § 1(1), substituted “17.5 cents per subscriber in the case of superstations that as retransmitted by the satellite carrier include any program which, if delivered by any cable system in the United States, would be subject to the syndicated exclusivity rules of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations that are syndex-proof as defined in section 258.2 of title 37, Code of Federal Regulations” for “12 cents”.

Subsec. (b)(1)(B)(ii). Pub. L. 103–369, § 2(3)(B), substituted “6 cents” for “3 cents”.

Subsec. (c)(1). Pub. L. 103–369, § 2(4)(A), as amended by Pub. L. 105–80, § 1(2), struck out “until December 31, 1992,” before “unless a royalty fee”, substituted “paragraph (2) or (3) of this subsection” for “paragraph (2), (3), or (4) of this subsection”, and struck out at end “After that date, the fee shall be determined either in accordance with the voluntary negotiation procedure specified in paragraph (2) or in accordance with the compulsory arbitration procedure specified in paragraphs (3) and (4).”

Subsec. (c)(2)(A). Pub. L. 103–369, § 2(4)(B)(i), as amended by Pub. L. 105–80, § 1(2), substituted “July 1, 1996” for “July 1, 1991”.

Subsec. (c)(2)(D). Pub. L. 103–369, § 2(4)(B)(ii), as amended by Pub. L. 105–80, § 1(2), substituted “December 31, 1999, or in accordance with the terms of the agreement, whichever is later” for “December 31, 1994”.

Subsec. (c)(3)(A). Pub. L. 103–369, § 2(4)(C)(i), as amended by Pub. L. 105–80, § 1(2), substituted “January 1, 1997” for “December 31, 1991”.

Subsec. (c)(3)(B). Pub. L. 103–369, § 2(4)(C)(ii), as amended by Pub. L. 105–80, § 1(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:

“(B) Factors for determining royalty fees.—In determining royalty fees under this paragraph, the copyright arbitration royalty panel appointed under chapter 8 shall consider the approximate average cost to a cable system for the right to secondarily transmit to the public a primary transmission made by a broadcast station, the fee established under any voluntary agreement filed with the Copyright Office in accordance with paragraph (2), and the last fee proposed by the parties, before proceedings under this paragraph, for the secondary transmission of superstations or network stations for private home viewing. The fee shall also be calculated to achieve the following objectives:

“(i) To maximize the availability of creative works to the public.

“(ii) To afford the copyright owner a fair return for his or her creative work and the copyright user a fair income under existing economic conditions.

“(iii) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication.

“(iv) To minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices.”

Subsec. (c)(3)(C). Pub. L. 103–369, § 2(4)(C)(iii), as amended by Pub. L. 105–80, § 1(2), inserted before period at end “or July 1, 1997, whichever is later”.

Subsec. (d)(2). Pub. L. 103–369, § 2(6)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2) Network station.—The term ‘network station’ has the meaning given that term in section 111 (f) of this title, and includes any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station.”

Subsec. (d)(6). Pub. L. 103–369, § 2(6)(B), inserted “and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations” after “Federal Communications Commission”.

Subsec. (d)(11). Pub. L. 103–369, § 2(6)(C), added par. (11).

1993—Subsec. (b)(1). Pub. L. 103–198, § 5(1)(A), struck out “, after consultation with the Copyright Royalty Tribunal,” in introductory provisions after “Register shall” and in subpar. (A) after “Copyrights may”.

Subsec. (b)(2), (3). Pub. L. 103–198, § 5(1)(B), (C), substituted “Librarian of Congress” for “Copyright Royalty Tribunal”.

Subsec. (b)(4). Pub. L. 103–198, § 5(1)(D), in subpar. (A), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” after “claim with the” and for “Tribunal” after “requirements that the”, in subpar. (B), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” before “shall determine” and for “Tribunal” wherever else appearing, and substituted “convene a copyright arbitration royalty panel” for “conduct a proceeding”, and in subpar. (C), substituted “Librarian of Congress” for “Copyright Royalty Tribunal”.

Subsec. (c). Pub. L. 103–198, § 5(2)(A), substituted “Adjustment” for “Determination” in heading.

Subsec. (c)(2). Pub. L. 103–198, § 5(2)(B), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” in subpars. (A) and (B).

Subsec. (c)(3)(A). Pub. L. 103–198, § 5(2)(C)(i), substituted “Librarian of Congress” for “Copyright Royalty Tribunal” and substituted last sentence for former last sentence which read as follows: “Such notice shall include the names and qualifications of potential arbitrators chosen by the Tribunal from a list of available arbitrators obtained from the American Arbitration Association or such similar organization as the Tribunal shall select.”

Subsec. (c)(3)(B). Pub. L. 103–198, § 5(2)(C)(ii), (iii), redesignated subpar. (D) as (B), substituted “copyright arbitration royalty panel appointed under chapter 8” for “Arbitration Panel” in introductory provisions, and struck out former subpar. (B) which provided for the selection of an Arbitration Panel.

Subsec. (c)(3)(C). Pub. L. 103–198, § 5(2)(C)(ii), (v), redesignated subpar. (G) as (C), amended subpar. generally, substituting provisions relating to period during which decision of arbitration panel or order of Librarian of Congress becomes effective for provisions relating to period during which decision of Arbitration Panel or order of Copyright Royalty Tribunal became effective, and struck out former subpar. (C) which related to proceedings in arbitration.

Subsec. (c)(3)(D). Pub. L. 103–198, § 5(2)(C)(vi), redesignated subpar. (H) as (D) and substituted “referred to in subparagraph (C)” for “adopted or ordered under subparagraph (F)”. Former subpar. (D) redesignated (B).

Subsec. (c)(3)(E) to (H). Pub. L. 103–198, § 5(2)(C)(iv)–(vi)(I), struck out subpar. (E) which required the Arbitration Panel to report to the Copyright Royalty Tribunal not later than 60 days after publication of notice initiating an arbitration proceeding, struck out subpar. (F) which required action by the Tribunal within 60 days after receiving the report by the Panel, and redesignated subpars. (G) and (H) as (C) and (D), respectively.

Subsec. (c)(4). Pub. L. 103–198, § 5(2)(D), struck out par. (4) which established procedures for judicial review of decisions of the Copyright Royalty Tribunal.

Amendment by Pub. L. 109–303 effective as if included in the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108–419, see section 6 of Pub. L. 109–303, set out as a note under section 111 of this title.

Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title.

Amendment by section 1000 (a)(9) [title I, §§ 1004, 1006] of Pub. L. 106–113 effective July 1, 1999, and amendment by section 1000 (a)(9) [title I, §§ 1005, 1007, 1008 (b), 1011 (b)(2), (c)] of Pub. L. 106–113 effective Nov. 29, 1999, see section 1000 (a)(9) [title I, § 1012] of Pub. L. 106–113, set out as a note under section 101 of this title.

Section 13 of Pub. L. 105–80 provided that:

“(a) In General.—Except as provided in subsections (b) and (c), the amendments made by this Act [amending this section, sections 101, 104A, 108 to 110, 114 to 116, 303, 304, 405, 407, 411, 504, 509, 601, 708, 801 to 803, 909, 910, 1006, and 1007 of this title, and section 2319 of Title 18, Crimes and Criminal Procedure, and amending provisions set out as a note under section 914 of this title] shall take effect on the date of the enactment of this Act [Nov. 13, 1997].

“(b) Satellite Home Viewer Act.—The amendments made by section 1 [amending this section] shall be effective as if enacted as part of the Satellite Home Viewer Act of 1994 (Public Law 103–369).

“(c) Technical Amendment.—The amendment made by section 12 (b)(1) [amending provisions set out as a note under section 914 of this title] shall be effective as if enacted on November 9, 1987.”

Amendment by Pub. L. 104–39 effective 3 months after Nov. 1, 1995, see section 6 of Pub. L. 104–39, set out as a note under section 101 of this title.

Section 6 of Pub. L. 103–369 provided that:

“(a) In General.—Except as provided in subsections (b) and (d), this Act [amending this section and section 111 of this title, enacting provisions set out as notes under this section and section 101 of this title, and repealing provisions set out as a note under this section] and the amendments made by this Act take effect on the date of the enactment of this Act [Oct. 18, 1994].

“(b) Burden of Proof Provisions.—The provisions of section 119 (a)(5)(D) of title 17, United States Code (as added by section 2(2) of this Act) relating to the burden of proof of satellite carriers, shall take effect on January 1, 1997, with respect to civil actions relating to the eligibility of subscribers who subscribed to service as an unserved household before the date of the enactment of this Act.

“(c) Transitional Signal Intensity Measurement Procedures.—The provisions of section 119 (a)(8) of title 17, United States Code (as added by section 2(5) of this Act), relating to transitional signal intensity measurements, shall cease to be effective on December 31, 1996.

“(d) Local Service Area of a Primary Transmitter.—The amendment made by section 3 (b) [amending section 111 of this title], relating to the definition of the local service area of a primary transmitter, shall take effect on July 1, 1994.”

Section 206 of title II of Pub. L. 100–667 provided that: “This title and the amendments made by this title [enacting this section and sections 612 and 613 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending sections 111, 501, 801, and 804 of this title and section 605 of Title 47, and enacting provisions set out as notes under this section and section 101 of this title] take effect on January 1, 1989, except that the authority of the Register of Copyrights to issue regulations pursuant to section 119 (b)(1) of title 17, United States Code, as added by section 202 of this Act, takes effect on the date of the enactment of this Act [Nov. 16, 1988].”

Section 207 of title II of Pub. L. 100–667 provided that this title and the amendments made by this title (other than the amendments made by section 205 [amending section 605 of Title 47]) cease to be effective on Dec. 31, 1994, prior to repeal by Pub. L. 103–369, § 4(b), Oct. 18, 1994, 108 Stat. 3481.

Section 4(a) of Pub. L. 103–369, as amended by Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1003], Nov. 29, 1999, 113 Stat. 1536, 1501A–527; Pub. L. 108–447, div. J, title IX [title I, § 101(a)], Dec. 8, 2004, 118 Stat. 3394, provided that: “Section 119 of title 17, United States Code, as amended by section 2 of this Act, ceases to be effective on December 31, 2009.”

Pub. L. 109–303, § 4(g), Oct. 6, 2006, 120 Stat. 1483, provided that: “The amendments contained in subsection (h) of section 5 of the Copyright Royalty and Distribution Reform Act of 2004 [Pub. L. 108–419, amending this section] shall be deemed never to have been enacted.”

Pub. L. 108–447, div. J, title IX [title I, § 106], Dec. 8, 2004, 118 Stat. 3406, provided that: “Nothing in this title [see Short Title of 2004 Amendment note set out under section 101 of this title] shall modify any remedy imposed on a party that is required by the judgment of a court in any action that was brought before May 1, 2004, against that party for a violation of section 119 of title 17, United States Code.”

Section 5 of Pub. L. 103–369 provided that: “The amendments made by this section apply only to section 119 of title 17, United States Code.”