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s together and file them jointly or as a single claim, or may designate a common agent to receive payment on their behalf. (B) Determination of controversy; distributions. - After the first day of August of each year, the Librarian of Congress shall determine whether there exists a controversy concerning the distribution of royalty fees. If the Librarian of Congress determines that no such controversy exists, the Librarian of Congress shall, after deducting reasonable administrative costs under this paragraph, distribute such fees to the copyright owners entitled to receive them, or to their designated agents. If the Librarian of Congress finds the existence of a controversy, the Librarian of Congress shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty fees. (C) Withholding of fees during controversy. - During the pendency of any proceeding under this subsection, the Librarian of Congress shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall have discretion to proceed to distribute any amounts that are not in controversy. (c) Adjustment of Royalty Fees. - (1) Applicability and determination of royalty fees. - The rate of the royalty fee payable under subsection (b)(1)(B) shall be effective unless a royalty fee is established under paragraph (2) or (3) of this subsection. (2) Fee set by voluntary negotiation. - (A) Notice of initiation of proceedings. - On or before July 1, 1996, the Librarian of Congress shall cause notice to be published in the Federal Register of the initiation of voluntary negotiation proceedings for the purpose of determining the royalty fee to be paid by satellite carriers under subsection (b)(1)(B). (B) Negotiations. - Satellite carriers, distributors, and copyright owners entitled to royalty fees under this section shall negotiate in good faith in an effort to reach a voluntary agreement or voluntary agreements for the payment of royalty fees. Any such satellite carriers, distributors, and copyright owners may at any time negotiate and agree to the royalty fee, and may designate common agents to negotiate, agree to, or pay such fees. If the parties fail to identify common agents, the Librarian of Congress shall do so, after requesting recommendations from the parties to the negotiation proceeding. The parties to each negotiation proceeding shall bear the entire cost thereof. (C) Agreements binding on parties; filing of agreements. - Voluntary agreements negotiated at any time in accordance with this paragraph shall be binding upon all satellite carriers, distributors, and copyright owners that are parties thereto. Copies of such agreements shall be filed with the Copyright Office within 30 days after execution in accordance with regulations that the Register of Copyrights shall prescribe. (D) Period agreement is in effect. - The obligation to pay the royalty fees established under a voluntary agreement which has been filed with the Copyright Office in accordance with this paragraph shall become effective on the date specified in the agreement, and shall remain in effect until December 31, 1999, or in accordance with the terms of the agreement, whichever is later. (3) Fee set by compulsory arbitration. - (A) Notice of initiation of proceedings. - On or before January 1, 1997, the Librarian of Congress shall cause notice to be published in the Federal Register of the initiation of arbitration proceedings for the purpose of determining a reasonable royalty fee to be paid under subsection (b)(1)(B) by satellite carriers who are not parties to a voluntary agreement filed with the Copyright Office in accordance with paragraph (2). Such arbitration proceeding shall be conducted under chapter 8. (B) Establishment of royalty fees. - In determining royalty fees under this paragraph, the copyright arbitration royalty panel appointed under chapter 8 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 of similar signals in similar private and compulsory license marketplaces, and any special features and 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. (C) Period during which decision of arbitration panel or order of librarian effective. - The obligation to pay the royalty fee established under a determination which - (i) is made by a copyright arbitration royalty panel in an arbitration proceeding under this paragraph and is adopted by the Librarian of Congress under section 802(f), or (ii) is established by the Librarian of Congress under section 802(f), shall become effective as provided in section 802(g) or July 1, 1997, whichever is later. (D) Persons subject to royalty fee. - The royalty fee referred to in subparagraph (C) shall be binding on all satellite carriers, distributors, and copyright owners, who are not party to a voluntary agreement filed with the Copyright Office under paragraph (2). (4) Reduction. - (A) Superstation. - The rate of the royalty fee in effect on January 1, 1998, payable in each case under subsection (b)(1)(B)(i) shall be reduced by 30 percent. (B) Network and public broadcasting satellite feed. - The rate of the royalty fee in effect on January 1, 1998, payable under subsection (b)(1)(B)(ii) shall be reduced by 45 percent. (5) Public broadcasting service as agent. - For purposes of section 802, with respect to royalty fees paid by satellite carriers for retransmitting the Public Broadcasting Service satellite feed, the Public Broadcasting Service shall be the agent for all public television copyright claimants and all Public Broadcasting Service member stations. (d) Definitions. - As used in this section - (1) Distributor. - The term "distributor" means an entity which contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers for private home viewing or indirectly through other program distribution entities. (2) Network station. - The term "network station" means - (A) a television broadcast station, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States 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 10 or more States; or (B) a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934); except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service. (3) Primary network station. - The term "primary network station" means a network station that broadcasts or rebroadcasts the basic programming service of a particular national network. (4) Primary transmission. - The term "primary transmission" has the meaning given that term in section 111(f) of this title. (5) Private home viewing. - The term "private home viewing" means the viewing, for private use in a household by means of satellite reception equipment which is operated by an individual in that household and which serves only such household, of a secondary transmission delivered by a satellite carrier of a primary transmission of a television station licensed by the Federal Communications Commission. (6) Satellite carrier. - The term "satellite carrier" means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934, other than for private home viewing. (7) Secondary transmission. - The term "secondary transmission" has the meaning given that term in section 111(f) of this title. (8) Subscriber. - The term "subscriber" means an individual who receives a secondary transmission service for private home viewing by means of a secondary transmission from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. (9) Superstation. - The term "superstation" - (A) means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; and (B) except for purposes of computing the royalty fee, includes the Public Broadcasting Service satellite feed. (10) Unserved household. - The term "unserved household", with respect to a particular television network, means a household that - (A) cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over-the-air signal of a primary network station affiliated with that network of Grade B intensity as defined by the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999; (B) is subject to a waiver granted under regulations established under section 339(c)(2) of the Communications Act of 1934; (C) is a subscriber to whom subsection (e) applies; (D) is a subscriber to whom subsection (a)(11) applies; or (E) is a subscriber to whom the exemption under subsection (a)(2)(B)(iii) applies. (11) Local market. - The term "local market" has the meaning given such term under section 122(j). (12) Public broadcasting service satellite feed. - The term "Public Broadcasting Service satellite feed" means the national satellite feed distributed and designated for purposes of this section by the Public Broadcasting Service consisting of educational and informational programming intended for private home viewing, to which the Public Broadcasting Service holds national terrestrial broadcast rights. (e) Moratorium on Copyright Liability. - Until December 31, 2004, a subscriber who does not receive a signal of Grade A intensity (as defined in the regulations of the Federal Communications Commission under section 73.683(a) of title 47 of the Code of Federal Regulations, as in effect on January 1, 1999, or predicted by the Federal Communications Commission using the Individual Location Longley-Rice methodology described by the Federal Communications Commission in Docket No. 98-201) of a local network television broadcast station shall remain eligible to receive signals of network stations affiliated with the same network, if that subscriber had satellite service of such network signal terminated after July 11, 1998, and before October 31, 1999, as required by this section, or received such service on October 31, 1999. -SOURCE- (Added Pub. L. 100-667, title II, Sec. 202(2), Nov. 16, 1988, 102 Stat. 3949; amended Pub. L. 103-198, Sec. 5, Dec. 17, 1993, 107 Stat. 2310; Pub. L. 103-369, Sec. 2, Oct. 18, 1994, 108 Stat. 3477; Pub. L. 104-39, Sec. 5(c), Nov. 1, 1995, 109 Stat. 348; Pub. L. 105-80, Secs. 1, 12(a)(8), Nov. 13, 1997, 111 Stat. 1529, 1535; Pub. L. 106-44, Sec. 1(g)(4), Aug. 5, 1999, 113 Stat. 222; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Secs. 1004-1007, 1008(b), 1011(b)(2), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-527 to 1501A-531, 1501A-537, 1501A-543, 1501A-544; Pub. L. 107-273, div. C, title III, Secs. 13209, 13210(1), (8), Nov. 2, 2002, 116 Stat. 1908, 1909.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 4(a) of Pub. L. 103-369, see Termination of Section note below. -REFTEXT- REFERENCES IN TEXT For effective date of the Satellite Home Viewer Act of 1994, referred to in subsec. (a)(8)(C)(i), see section 6 of Pub. L. 103-369, set out as an Effective and Termination Dates of 1994 Amendment note below. The Communications Act of 1934, referred to in subsec. (d)(6), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Sections 339 and 397 of the Act are classified to sections 339 and 397, respectively, of Title 47. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. -MISC1- AMENDMENTS 2002 - Subsec. (a)(1). Pub. L. 107-273, Sec. 13209(3)(B), amended Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(A)]. See 1999 Amendment note below. Pub. L. 107-273, Sec. 13209(3)(A), amended Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)]. See 1999 Amendment note below. Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 13209(1)(A), made technical correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(2)]. See 1999 Amendment note below. Subsec. (a)(6). Pub. L. 107-273, Sec. 13210(1), substituted "of a performance" for "of performance". Subsec. (a)(12). Pub. L. 107-273, Sec. 13209(1)(B), made technical correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(3)]. See 1999 Amendment note below. Subsec. (b)(1)(A). Pub. L. 107-273, Sec. 13210(8), substituted "retransmitted" for "transmitted" and "retransmissions" for "transmissions". Subsec. (b)(1)(B)(ii). Pub. L. 107-273, Sec. 13209(2), made technical correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(b)]. See 1999 Amendment note below. 1999 - Subsec. (a)(1). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(A)], as amended by Pub. L. 107-273, Sec. 13209(3)(B), substituted "performance or display of a work embodied in a primary transmission made by a superstation or by the Public Broadcasting Service satellite feed" for "primary transmission made by a superstation and embodying a performance or display of a work". Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(1)], inserted "with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals," after "satellite carrier to the public for private home viewing,". Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)], as amended by Pub. L. 107-273, Sec. 13209(3)(A), in heading substituted "Superstations and pbs satellite feed" for "Superstations" and in text inserted "In the case of the Public Broadcasting Service satellite feed, the statutory license shall be effective until January 1, 2002." at end. Pub. L. 107-273, Sec. 13209(3)(A)(ii), which repealed Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(a)(2)], was executed by striking out "or by the Public Broadcasting Service satellite feed" which had been inserted by section 1006(a)(2) after "of a primary transmission made by a superstation", to reflect the probable intent of Congress. Subsec. (a)(2)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(A)], substituted "a performance or display of a work embodied in a primary transmission made by a network station" for "programming contained in a primary transmission made by a network station and embodying a performance or display of a work". Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(2)], as amended by Pub. L. 107-273, Sec. 13209(1)(A), inserted "with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals," after "satellite carrier to the public for private home viewing,". Subsec. (a)(2)(B). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1005(a)(2)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The statutory license provided for in subparagraph (A) shall be limited to secondary transmissions to persons who reside in unserved households." Subsec. (a)(2)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(c)], struck out "currently" after "all subscribers to which the satellite carrier" in first sentence. Subsec. (a)(4). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(C)], inserted "a performance or display of a work embodied in" after "by a satellite carrier of" and struck out "and embodying a performance or display of a work" after "network station". Subsec. (a)(5)(E). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1005(b)], added subpar. (E). Subsec. (a)(6). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1011(b)(2)(D)], inserted "performance or display of a work embodied in" after "by a satellite carrier of" and struck out "and embodying a performance or display of a work" after "network station". Subsec. (a)(8)(C)(ii). Pub. L. 106-44 substituted "within the network station's" for "within the network's station" in first sentence. Subsec. (a)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1005(d)], added par. (11). Subsec. (a)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1007(3)], as amended by Pub. L. 107-273, Sec. 13209(1)(B), added par. (12). Subsec. (b)(1)(B)(ii). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(b)], as amended by Pub. L. 107-273, Sec. 13209(2), inserted "or the Public Broadcasting Service satellite feed" after "network station". Subsec. (c)(4), (5). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1004], added pars. (4) and (5). Subsec. (d)(2). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1008(b)], substituted a semicolon for the period at end of subpar. (B) and inserted concluding provisions. Subsec. (d)(9). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(c)(1)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The term 'superstation' means a television broadcast station, other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier." Subsec. (d)(10). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1005(a)(1)], added par. (10) and struck out heading and text of former par. (10). Text read as follows: "The term 'unserved household', with respect to a particular television network, means a household that - "(A) cannot receive, through the use of a conventional outdoor rooftop receiving antenna, an over-the-air signal of grade B intensity (as defined by the Federal Communications Commission) of a primary network station affiliated with that network, and "(B) has not, within 90 days before the date on which that household subscribes, either initially or on renewal, to receive secondary transmissions by a satellite carrier of a network station affiliated with that network, subscribed to a cable system that provides the signal of a primary network station affiliated with that network." Subsec. (d)(11). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1005(e)], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The term 'local market' means the area encompassed within a network station's predicted Grade B contour as that contour is defined by the Federal Communications Commission." Subsec. (d)(12). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1006(c)(2)], added par. (12). Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title I, Sec. 1005(c)], amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "No provision of section 111 of this title or any other law (other than this section) shall be construed to contain any authorization, exemption, or license through which secondary transmissions by satellite carrier for private home viewing of programming contained in a primary transmission made by a superstation or a network station may be made without obtaining the consent of the copyright owner." 1997 - Subsec. (a)(5)(C). Pub. L. 105-80, Sec. 1(3), amended Pub. L. 103-369, Sec. 2(5)(A). See 1994 Amendment note below. Subsec. (b)(1)(B)(i). Pub. L. 105-80, Sec. 1(1), amended Pub. L. 103-369, Sec. 2(3)(A). See 1994 Amendment note below. Subsec. (c)(1). Pub. L. 105-80, Sec. 12(a)(8), which directed substitution of "unless" for "until unless" before "a royalty fee", could not be executed because "until" did not appear subsequent to amendment by Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub. L. 105-80, Sec. 1(2). See 1994 Amendment note below. Pub. L. 105-80, Sec. 1(2), amended Pub. L. 103-369, Sec. 2(4)(A). See 1994 Amendment note below. Subsec. (c)(2)(A), (D), (3)(A)-(C). Pub. L. 105-80, Sec. 1(2), amended Pub. L. 103-369, Sec. 2(4). See 1994 Amendment notes below. 1995 - Subsec. (a)(1), (2)(A). Pub. L. 104-39 inserted "and section 114(d)" after "of this subsection". 1994 - Subsec. (a)(2)(C). Pub. L. 103-369, Sec. 2(1), struck out "90 days after the effective date of the Satellite Home Viewer Act of 1988, or" before "90 days after commencing", "whichever is later," before "submit to the network that owns", and ", on or after the effective date of the Satellite Home Viewer Act of 1988," after "Register of Copyrights", and inserted "name and" after "identifying (by" in two places. Subsec. (a)(5)(C). Pub. L. 103-369, Sec. 2(5)(A), as amended by Pub. L. 105-80, Sec. 1(3), substituted "November 16, 1988" for "the date of the enactment of the Satellite Home Viewer Act of 1988". Subsec. (a)(5)(D). Pub. L. 103-369, Sec. 2(2), added subpar. (D). Subsec. (a)(8) to (10). Pub. L. 103-369, Sec. 2(5)(B), added pars. (8) to (10). Subsec. (b)(1)(B)(i). Pub. L. 103-369, Sec. 2(3)(A), as amended by Pub. L. 105-80, Sec. 1(1), substituted "17.5 cents per subscriber in the case of superstations that as retransmitted by the satellite carrier include any program which, if delivered by any cable system in the United States, would be subject to the syndicated exclusivity rules of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations that are syndex-proof as defined in section 258.2 of title 37, Code of Federal Regulations" for "12 cents". Subsec. (b)(1)(B)(ii). Pub. L. 103-369, Sec. 2(3)(B), substituted "6 cents" for "3 cents". Subsec. (c)(1). Pub. L. 103-369, Sec. 2(4)(A), as amended by Pub. L. 105-80, Sec. 1(2), struck out "until December 31, 1992," before "unless a royalty fee", substituted "paragraph (2) or (3) of this subsection" for "paragraph (2), (3), or (4) of this subsection", and struck out at end "After that date, the fee shall be determined eit

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