Page:United States Statutes at Large Volume 108 Part 4.djvu/843

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1994. 17 USC 101 note. PUBLIC LAW 103-369 —OCT. 18, 1994 108 STAT. 3477 Public Law 103-869 103d Congress An Act To amend title 17, United States Code, relating to the definition of a local service Oct. 18, 1994 area of a primary transmitter, and for other purposes. [S. 2406] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Satellite Home Viewer Act of SECTION 1. SHORT TITLE. This Act may be cited as the "Satellite Home Viewer Act of 1994". SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS. Section 119 of title 17, United States Code, is amended as follows: (1) Subsection (a)(2)(C) is amended— (A) by striking "90 days after the effective date of the Satellite Home Viewer Act of 1988, or"; (B) by striking "whichever is later,"; (C) by inserting "name and" after "identifying (by" each place it appears; and (D) by striking ", on or after the effective date of the SateUite Home Viewer Act of 1988,". (2) Subsection (a)(5) is amended by adding at the end the following: "(D) BURDEN OF PROOF.— In any action brought under this paragraph, the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a network station is for private home viewing to an unserved household.". (3) Subsection (b)(1)(B) is amended— (A) in clause (i) by striking "12 cents" and inserting "17.5 cents per subscriber in the case of superstations not subject to syndicated exclusivity under the regulations of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations subject to such syndicated exclusivity"; and (B) in clause (ii) by striking "3" and inserting "6". (4) Subsection (c) is amended— (A) in paragraph (1) by striking "December 31, 1992,"; (B) in paragraph (2)— (i) in subparagraph (A) by striking "July 1, 1991" and inserting "July 1, 1996"; and (ii) in subparagraph (D) by striking "December 31, 1994" and inserting "December 31, 1999, or in