PUBLIC LAW 100-667—NOV. 16, 1988 102 STAT. 3957

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, to estab-
lish 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 trans-
mission' has the meaning given that term in section lll(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' means a tele-
vision broadcast station, other than a network station, licensed
by the Federal Communications Commission that is secondarily
transmitted by a satellite carrier.

"(10) UNSERVED HOUSEHOLD.—The term 'unserved household',
with respect to a particular television network, means a house-
hold 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 Communica-
tions 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 net-
work station affiliated with that network.
"(e) EXCLUSIVITY OF THIS SECTION WITH RESPECT TO SECONDARY
TRANSMISSIONS OF BROADCAST STATIONS BY SATELLITE TO MEMBERS OF
THE PUBLIC.—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 trans-
missions by satellite carrier for private home viewing of program-
ming contained in a primary transmission made by a superstation
or a network station may be made without obtaining the consent of
the copyright owner.".

(3) Section 501 of title 17, United States Code, is amended by
adding at the end the following:

"(e) With respect to any secondary transmission that is made by a
satellite carrier of a primary transmission embodying the perform-
ance or display of a work and is actionable as an act of infringement
under section 119(aX5), a network station holding a copyright or
other license to transmit or perform the same version of that work
shall, for purposes of subsection (b) of this section, be treated as a
legal or beneficial owner if such secondary transmission occurs
within the local service area of that station.".