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S 2406 - 103

Satellite Home Viewer Act of 1994

Became Public Law No: 103-369.

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Summary

36 Passed House amended Jul 24, 2001

Satellite Home Viewer Act of 1994 - Amends copyright law with respect to satellite carrier compulsory licenses to require the subscriber information list submitted by a satellite carrier that makes secondary transmissions of a primary transmission by a network station to include the names of the subscribers. Provides that in any action relating to the violation of territorial restrictions on statutory license for network stations the satellite carrier shall have the burden of proving that its secondary transmission is for private home viewing to an unserved household. Revises: (1) the formula used by the satellite carrier to compute the royalty fee to be deposited semiannually with the Register of Copyrights to increase the fees for secondary transmissions subject to statutory licensing; and (2) dates and procedures regarding the adjustment of such royalty fee. Requires a copyright royalty arbitration panel, in determining such fees, to establish fees for the retransmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions. Directs the panel to base its decision upon economic, competitive, and programming information presented by the parties, including: (1) 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 and conditions of the retransmission marketplace; (2) the economic impact of such fees on copyright owners and satellite carriers; and (3) the impact on the continued availability of secondary transmissions to the public Provides that, upon a challenge by a network station regarding whether a subscriber is an unserved household, a satellite carrier shall terminate service to the household and notify the network station of such termination or conduct a measurement of the signal intensity of the subscribers's household, after notifying the network station, to determine whether the household is unserved and, if so, terminate service. Requires the challenging station to reimburse a carrier for any signal intensity measurement that indicates the household is an unserved household. Revises the definition of a "network station" for purposes of cable and satellite carrier compulsory license provisions to be: (1) a television broadcast station owned or operated by, or affiliated with, one or more of the U.S. television networks which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in ten or more States; or (2) any noncommercial educational station. Revises the definition of: (1) "satellite carrier" to specify that such a carrier operates in the Fixed Satellite Service or the Direct Broadcast Satellite Service; (2) "cable system" to include a facility that makes secondary transmissions of broadcast signals by microwave cables; and (3) "local service area of a primary transmitter" (in the case of a television broadcast station) to comprise either the area of which such station is entitled to insist upon its signal being retransmitted by a cable system pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, such station's television market (as in effect on September 18, 1993), or any subsequent modifications to such television market. (Sec. 4) Terminates the provisions of section 2 of this Act on December 31, 1999.

00 Introduced in Senate Jul 24, 2001

Revises the definition of "local service area of a primary transmitter" of a broadcast station, for purposes of provisions concerning copyright infringement with regard to secondary transmissions, to include such station's television market (as defined under the Code of Federal Regulations effective September 18, 1993) or any subsequent modifications to such television market.

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Timeline

Oct 18, 1994

Signed by President.

Oct 18, 1994

Signed by President.

Oct 18, 1994

Became Public Law No: 103-369.

Oct 18, 1994

Became Public Law No: 103-369.

Oct 7, 1994

Presented to President.

Oct 7, 1994

Presented to President.

Oct 5, 1994

Message on Senate action sent to the House.

Oct 4, 1994

Resolving differences -- Senate actions: Senate agreed to House amendment by Voice Vote.(consideration: CR S14106)

Oct 4, 1994

Senate agreed to House amendment by Voice Vote. (consideration: CR S14106)

Sep 21, 1994

Message on House action received in Senate and at the desk: House amendment to Senate bill.

Sep 20, 1994

Mr. Brooks moved to suspend the rules and pass the bill, as amended.

Sep 20, 1994

Considered under suspension of the rules. (consideration: CR H9268-9272)

Sep 20, 1994

DEBATE - The House proceeded with forty minutes of debate.

Sep 20, 1994

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Sep 20, 1994

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Sep 20, 1994

Motion to reconsider laid on the table Agreed to without objection.

Aug 19, 1994

Message on Senate action sent to the House.

Aug 19, 1994

Received in the House.

Aug 19, 1994

Held at the desk.

Aug 18, 1994

Introduced in Senate

Aug 18, 1994

Passed/agreed to in Senate: Introduced in the Senate, read twice, considered, and passed without amendment by Voice Vote.(consideration: CR S12107)

Aug 18, 1994

Introduced in the Senate, read twice, considered, and passed without amendment by Voice Vote. (consideration: CR S12107)

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Amendments

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