124 STAT. 1222 PUBLIC LAW 111–175—MAY 27, 2010 (dd) by striking ‘‘primary analog trans- mission’’ and inserting ‘‘the primary trans- missions’’; and (ee) by striking ‘‘distributors’’ and inserting ‘‘distributors—’’; (III) in subclause (II)— (aa) by striking ‘‘Librarian of Congress’’ and inserting ‘‘Copyright Royalty Judges’’; and (bb) by striking ‘‘arbitration’’; and (IV) by amending the last sentence to read as follows: ‘‘Such proceeding shall be conducted under chapter 8.’’; (iii) in clause (ii), by amending the matter pre- ceding subclause (I) to read as follows: ‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In deter- mining royalty fees under this subparagraph, the Copy- right Royalty Judges shall establish fees for the sec- ondary transmissions of the primary transmissions of network stations and non-network stations that most clearly represent the fair market value of secondary transmissions, except that the Copyright Royalty Judges shall adjust royalty fees to account for the obligations of the parties under any applicable vol- untary agreement filed with the Copyright Royalty Judges in accordance with subparagraph (D). In deter- mining the fair market value, the Judges shall base their decision on economic, competitive, and program- ming information presented by the parties, including— ’’; (iv) by amending clause (iii) to read as follows: ‘‘(iii) EFFECTIVE DATE FOR DECISION OF COPYRIGHT ROYALTY JUDGES.—The obligation to pay the royalty fees established under a determination that is made by the Copyright Royalty Judges in a proceeding under this paragraph shall be effective as of January 1, 2010.’’; and (v) in clause (iv)— (I) in the heading, by striking ‘‘FEE’’ and inserting ‘‘FEES’’; and (II) by striking ‘‘fee referred to in (iii)’’ and inserting ‘‘fees referred to in clause (iii)’’. (2) Paragraph (2) is amended to read as follows: ‘‘(2) ANNUAL ROYALTY FEE ADJUSTMENT.—Ef fective January 1 of each year, the royalty fee payable under subsection (b)(1)(B) for the secondary transmission of the primary transmissions of network stations and non-network stations shall be adjusted by the Copyright Royalty Judges to reflect any changes occur- ring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) published by the Secretary of Labor before December 1 of the preceding year. Notification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.’’. (f) DEFINITIONS.— (1) SUBSCRIBER.—Section 119(d)(8) is amended to read as follows: ‘‘(8) SUBSCRIBER; SUBSCRIBE.— 17 USC 119. Notification. Federal Register, publication. Deadline. Effective date.
