124 STAT. 1244 PUBLIC LAW 111–175—MAY 27, 2010 ‘‘(ii) impose a fine of not less than $250,000 and not more than $5,000,000. ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLATION.—If the court determines that the failure to provide local-into-local service to all DMAs is nonwillful, the court may in its discretion impose financial penalties for noncompliance that reflect— ‘‘(i) the degree of control the entity had over the circumstances that resulted in the failure; ‘‘(ii) the quality of the entity’s efforts to remedy the failure and restore service; and ‘‘(iii) the severity and duration of any service interruption. ‘‘(6) PENALTIES FOR VIOLATIONS OF LICENSE.—A court that finds, under subsection (a)(6)(A), that an entity recognized as a qualified carrier has willfully made a secondary transmission of a primary transmission made by a network station and embodying a performance or display of a work to a subscriber who is not eligible to receive the transmission under this section shall reinstate the injunction waived under paragraph (1), and the court may order statutory damages of not more than $2,500,000. ‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS DEFINED.— For purposes of this subsection: ‘‘(A) IN GENERAL.—An entity provides ‘local-into-local service to all DMAs’ if the entity provides local service in all designated market areas (as such term is defined in section 122(j)(2)(C)) pursuant to the license under section 122. ‘‘(B) HOUSEHOLD COVERAGE.—For purposes of subpara- graph (A), an entity that makes available local-into-local service with a good quality satellite signal to at least 90 percent of the households in a designated market area based on the most recent census data released by the United States Census Bureau shall be considered to be providing local service to such designated market area. ‘‘(C) GOOD QUALITY SATELLITE SIGNAL DEFINED.—The term ‘good quality satellite signal’ has the meaning given such term under section 342(e)(2) of Communications Act of 1934.’’. SEC. 106. COPYRIGHT OFFICE FEES. Section 708(a) is amended— (1) in paragraph (8), by striking ‘‘and’’ after the semicolon; (2) in paragraph (9), by striking the period and inserting a semicolon; (3) by inserting after paragraph (9) the following: ‘‘(10) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or 122; and ‘‘(11) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111.’’; and (4) by adding at the end the following new sentence: ‘‘Fees established under paragraphs (10) and (11) shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the 17 USC 708.
