Page:United States Statutes at Large Volume 108 Part 4.djvu/844

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108 STAT. 3478 PUBLIC LAW 103-369 —OCT. 18, 1994 accordance with the terms of the agreement, whichever is later"; and (C) in paragraph (3)— (i) in subparagraph (A) by striking "December 31, 1991" and inserting "January 1, 1997"; (ii) by amending subparagraph (D) to read as follows: "(D) ESTABLISHMENT OF ROYALTY FEES.— In determining roygdty fees under this paragraph, the Copyright Arbitration Panel shall establish fees for the retransmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions. In determining the fair market value, the Panel shall base its decision on economic, competitive, and programming information presented by the parties, including— "(i) the competitive environment in which such programming is distributed, the cost for similar signals in similar private and compulsory license marketplaces, and any special features ana conditions of the retransmission marketplace; "(ii) the economic impact of such fees on copyright owners and satellite carriers; and "(iii) the impact on the continued availability of secondary transmissions to the public"; (iii) in subparagraph (E) by striking "60" and inserting "180"; and (iv) in subparagraph (C)— (I) by striking ", or until December 31, 1994"; and (II) by inserting "or July 1, 1997, whichever is later" after "section 802(g)". (5) Subsection (a) is amended— (A) in paragraph (5)(C) by striking "the Satellite Home Viewer Act of 1988" and inserting "this section"; and (B) by adding at the end the following: "(8) TRANSITIONAL SIGNAL INTENSITY MEASUREMENT PROCE- DURES. — "(A) IN GENERAL.— Subject to subparagraph (C), upon a challenge by a network station regarding whether a subscriber is an unserved household within the predicted Grade B Contour of the station, the satellite carrier shall, within 60 days after the receipt of the challenge— "(i) terminate service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated; or "(ii) conduct a measurement of the signal intensity of the subscriber's household to determine whether the household is an unserved household after giving reasonable notice to the network station of the satellite carrier's intent to conduct the measurement. "(B) EFFECT OF MEASUREMENT. — If the satellite carrier conducts a signal intensity measurement under subparagraph (A) and the measurement indicates that— "(i) the household is not an unserved household, the satelUte carrier shall, within 60 days after the