< Back to H.R. 5303 (103rd Congress, 1993–1994)

Text of the To make technical corrections in the Satellite Home Viewer Act of 1994.

This bill was introduced on November 29, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 29, 1994 (Introduced).

Source: GPO

HR 5303 IH

103d CONGRESS

2d Session

H. R. 5303

To make technical corrections in the Satellite Home Viewer Act of 1994.

IN THE HOUSE OF REPRESENTATIVES

November 29, 1994

Mr. HUGHES introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To make technical corrections in the Satellite Home Viewer Act of 1994.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. TECHNICAL CORRECTIONS.

    The Satellite Home Viewer Act of 1994 (Public Law 103-369) is amended as follows:

      (1) Section 2(4)(C) is amended to read as follows:

        ‘(C) in paragraph (3)--

          ‘(i) in subparagraph (A) by striking ‘December 31, 1991’ and inserting ‘January 1, 1997’;

          ‘(ii) by amending subparagraph (B) to read as follows:

        ‘(B) ESTABLISHMENT OF ROYALTY FEES- In determining royalty fees under this paragraph, the copyright royalty arbitration panel approved 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 arbitration 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 for 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.’; and

          ‘(iii) in subparagraph (C), by inserting ‘or July 1, 1997, whichever is later’ after ‘section 802(g)’.’.

      (2) Section 119(a)(5)(C) of title 17, United States Code, as amended by section 2(5) of the Satellite Home Viewer Act of 1994, is amended by striking ‘this section’ and inserting ‘the Satellite Home Viewer Act of 1988’.

SEC. 2. EFFECTIVE DATE.

    (a) SECTION 1(1)- The amendment made by section 1(1) shall be effective as if enacted as part of the Satellite Home Viewer Act of 1994.

    (b) SECTION 1(2)- The amendment made by section 1(2) shall take effect on the date of the enactment of this Act.