Appendix G: The Satellite Television Extension and Localism Act of 20101



Section 1 · Short Title; Table of Contents.

(a) Short Title.—This Act may be cited as the ‘‘Satellite Television Extension and Localism Act of 2010’’.

* * * * * * *

Title I—Statutory Licenses

* * * * * * *

Sec. 104 · Modifications to Cable System Secondary Transmission Rights Under Section 111.

* * * * * * *

(d) Effective Date of New Royalty Fee Rates.—The royalty fee rates established in section 111(d)(1)(B) of title 17, United States Code, as amended by subsection (c)(1)(C) of this section, shall take effect commencing with the first accounting period occurring in 2010.

* * * * * * *

(f) Timing of Section 111 Proceedings.—

* * * * * * *

(h) Effective Date with Respect to Multicast Streams.—

(1) In general.—Subject to paragraphs (2) and (3), the amendments made by this section, to the extent such amendments assign a distant signal equivalent value to the secondary transmission of the multicast stream of a primary transmitter, shall take effect on the date of the enactment of this Act.

(2) Delayed applicability.—

(A) Secondary transmissions of a multicast stream beyond the local service area of its primary transmitter before 2010 act.—In any case in which a cable system was making secondary transmissions of a multicast stream beyond the local service area of its primary transmitter before the date of the enactment of this Act, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary transmissions of such multicast stream that are made on or before June 30, 2010.

(B) Multicast streams subject to preexisting written agreements for the secondary transmission of such streams.—In anycase in which the secondary transmission of a multicast stream of a primary transmitter is the subject of a written agreement entered into on or before June 30, 2009, between a cable system or an association representing the cable system and a primary transmitter or an association representing the primary transmitter, a distant signal equivalent value (referred to in paragraph (1)) shall not be assigned to secondary transmissions of such multicast stream beyond the local service area of its primary transmitter that are made on or before the date on which such written agreement expires.

(C) No refunds or offsets for prior statements of account.—A cable system that has reported secondary transmissions of a multicast stream beyond the local service area of its primary transmitter on a statement of account deposited under section 111 of title 17, United States Code, before the date of the enactment of this Act shall not be entitled to any refund, or offset, of royalty fees paid on account of such secondary transmissions of such multicast stream.

(3) Definitions.—In this subsection, the terms ‘‘cable system’’, ‘‘secondary transmission’’, ‘‘multicast stream’’, and ‘‘local service area of a primary transmitter’’ have the meanings given those terms in section 111(f) of title 17, United States Code, as amended by this section.

* * * * * * *

Sec. 107 · Termination of license.

(a) Termination.—Section 119 of title 17, United States Code, as amended by this Act, shall cease to be effective on December 31, 2014.2

(b) Conforming Amendment.—Section 1003(a)(2)(A) of Public Law 111–118 (17 U.S.C. 119 note) is repealed.

Sec. 108 · Construction.

Nothing in section 111, 119, or 122 of title 17, United States Code, including the amendments made to such sections by this title, shall be construed to affect the meaning of any terms under the Communications Act of 1934, except to the extent that such sections are specifically cross-referenced in such Act or the regulations issued thereunder.