Source
(June 19, 1934, ch. 652, title III, § 325, 48 Stat. 1091; Pub. L. 102–385, § 6, Oct. 5, 1992, 106 Stat. 1482; Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1009], Nov. 29, 1999, 113 Stat. 1536, 1501A–537; Pub. L. 108–447, div. J, title IX [title II, §§ 201,
207
(a)], Dec. 8, 2004, 118 Stat. 3409, 3428.)
Amendments
2004—Subsec. (b)(2)(C).
Pub. L. 108–447, § 201, substituted “December 31, 2009” for “December 31, 2004”.
Subsec. (b)(3)(C).
Pub. L. 108–447, § 207(a)(1), (2), in introductory provisions, substituted “The” for “Within 45 days after November 29, 1999, the” and struck out second sentence which read “The Commission shall complete all actions necessary to prescribe such regulations within 1 year after November 29, 1999.”
Subsec. (b)(3)(C)(ii).
Pub. L. 108–447, § 207(a)(4)(A), substituted “January 1, 2010” for “January 1, 2006”.
Subsec. (b)(3)(C)(iii).
Pub. L. 108–447, § 207(a)(3), (4)(B), (5), added cl. (iii).
1999—Subsec. (b)(1), (2).
Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(1)], amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:
“(1) Following the date that is one year after October 5, 1992, no cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—
“(A) with the express authority of the originating station; or
“(B) pursuant to section
534 of this title, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section.
“(2) The provisions of this subsection shall not apply to—
“(A) retransmission of the signal of a noncommercial broadcasting station;
“(B) retransmission directly to a home satellite antenna of the signal of a broadcasting station that is not owned or operated by, or affiliated with, a broadcasting network, if such signal was retransmitted by a satellite carrier on May 1, 1991;
“(C) retransmission of the signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna, if the household receiving the signal is an unserved household; or
“(D) retransmission by a cable operator or other multichannel video programming distributor of the signal of a superstation if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991.
For purposes of this paragraph, the terms ‘satellite carrier’, ‘superstation’, and ‘unserved household’ have the meanings given those terms, respectively, in section
119
(d) of title
17 as in effect on October 5, 1992.”
Subsec. (b)(3)(C).
Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(2)], added subpar. (C).
Subsec. (b)(4).
Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(3)], inserted at end “If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section
338 of this title shall not apply to the carriage of the signal of such station by such satellite carrier.”
Subsec. (b)(5).
Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(4)], substituted “338, 534, or 535 of this title” for “534 or 535 of this title”.
Subsec. (b)(7).
Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(5)], added par. (7).
Subsec. (e).
Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(b)], added subsec. (e).
1992—Subsecs. (b) to (d).
Pub. L. 102–385 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Effective Date of 1992 Amendment
Section 28 of
Pub. L. 102–385 provided that: “Except where otherwise expressly provided, the provisions of this Act [enacting sections
334,
335,
534 to
537,
544a,
548, and
555a of this title, amending this section and sections
332,
522,
532,
533,
541 to
544,
546,
551 to
555, and
558 of this title, and enacting provisions set out as notes under sections
521,
531,
543, and
554 of this title] and the amendments made thereby shall take effect 60 days after the date of enactment of this Act [Oct. 5, 1992].”
Regulations
Pub. L. 108–447, div. J, title IX [title II, § 207(b)], Dec. 8, 2004,
118 Stat. 3428, provided that: “The Federal Communications Commission shall prescribe regulations to implement the amendment made by subsection (a)(5) [amending this section] within 180 days after the date of enactment of this Act [Dec. 8, 2004].”
Severability
Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1010], Nov. 29, 1999,
113 Stat. 1536, 1501A–543, provided that: “If any provision of section 325(b) of the Communications Act of 1934 (
47 U.S.C.
325
(b)), or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that section, and the application of that provision to other persons and circumstances, shall not be affected.”
Digital Transition Savings Provision
Pub. L. 108–447, div. J, title IX [title II, § 212], Dec. 8, 2004,
118 Stat. 3431, provided that: “Nothing in the dates by which requirements or other provisions are effective under this Act [probably means title IX of div. J of
Pub. L. 108–447, see Short Title of 2004 Amendment note set out under section
101 of Title
17, Copyrights] or the amendments made by this Act shall be construed—
“(1) to impair the authority of the Federal Communications Commission to take any action with respect to the transition by television broadcasters to the digital television service; or
“(2) to require the Commission to take any such action.”