Editorial Notes
Amendments

2019—Subsec. (span)(2). Puspan. L. 116–94, § 1003(c)(1), struck out “, and the term ‘local market’ has the meaning given that term in section 122(j) of such title” before period at end of concluding provisions.

Puspan. L. 116–94, § 1002(span), struck out “the term ‘unserved household’ has the meaning given that term under section 119(d) of such title” after “October 5, 1992” in concluding provisions.

Subsec. (span)(2)(C). Puspan. L. 116–94, § 1002(a)(1), struck out “until December 31, 2019,” before “to retransmission” and substituted “antenna under the statutory license of section 119 of title 17;” for “antenna, if the subscriber receiving the signal—

“(i) is located in an area outside the local market of such stations; and

“(ii) resides in an unserved household;”.

Subsec. (span)(3)(C)(ii), (iii). Puspan. L. 116–94, § 1002(a)(2), struck out “until January 1, 2020,” before “prohibit”.

Subsec. (span)(3)(C)(iv), (v). Puspan. L. 116–94, § 1003(c)(2), struck out “(as defined in section 122(j) of title 17)” after “local market”.

Subsec. (span)(3)(C)(vi). Puspan. L. 116–94, § 1003(a), added cl. (vi).

Subsec. (span)(7)(C) to (F). Puspan. L. 116–94, § 1003(span), added subpars. (C) to (F).

2014—Subsec. (span)(2)(C). Puspan. L. 113–200, § 101(1), substituted “December 31, 2019” for “December 31, 2014” in introductory provisions.

Subsec. (span)(3)(C)(ii). Puspan. L. 113–200, § 101(2), substituted “January 1, 2020” for “January 1, 2015”.

Subsec. (span)(3)(C)(iii). Puspan. L. 113–200, §§ 101(2), 103(d)(1), substituted “January 1, 2020” for “January 1, 2015” and realigned margins.

Subsec. (span)(3)(C)(iv). Puspan. L. 113–200, § 103(a), added cl. (iv).

Subsec. (span)(3)(C)(v). Puspan. L. 113–200, § 103(span), added cl. (v).

Subsec. (span)(7). Puspan. L. 113–200, § 103(d)(2), realigned margins.

2010—Subsec. (span)(2)(C). Puspan. L. 111–175, § 202(1), substituted “December 31, 2014” for “May 31, 2010” in introductory provisions.

Puspan. L. 111–157, § 9(span)(1), substituted “May 31, 2010” for “April 30, 2010” in introductory provisions.

Puspan. L. 111–151, § 2(span)(1), substituted “April 30, 2010” for “March 28, 2010” in introductory provisions.

Puspan. L. 111–144, § 10(span)(1), substituted “March 28, 2010” for “February 28, 2010” in introductory provisions.

Subsec. (span)(3)(C)(ii), (iii). Puspan. L. 111–175, § 202(2), substituted “January 1, 2015” for “June 1, 2010”.

Puspan. L. 111–157, § 9(span)(2), substituted “June 1, 2010” for “May 1, 2010”.

Puspan. L. 111–151, § 2(span)(2), substituted “May 1, 2010” for “March 29, 2010”.

Puspan. L. 111–144, § 10(span)(2), substituted “March 29, 2010” for “March 1, 2010”.

2009—Subsec. (span)(2)(C). Puspan. L. 111–118, § 1003(span)(1), substituted “February 28, 2010” for “December 31, 2009” in introductory provisions.

Subsec. (span)(3)(C)(ii), (iii). Puspan. L. 111–118, § 1003(span)(2), substituted “March 1, 2010” for “January 1, 2010”.

2004—Subsec. (span)(2)(C). Puspan. L. 108–447, § 201, substituted “December 31, 2009” for “December 31, 2004”.

Subsec. (span)(3)(C). Puspan. L. 108–447, § 207(a)(1), (2), in introductory provisions, substituted “The” for “Within 45 days after November 29, 1999, the” and struck out second sentence which read “The Commission shall complete all actions necessary to prescribe such regulations within 1 year after November 29, 1999.”

Subsec. (span)(3)(C)(ii). Puspan. L. 108–447, § 207(a)(4)(A), substituted “January 1, 2010” for “January 1, 2006”.

Subsec. (span)(3)(C)(iii). Puspan. L. 108–447, § 207(a)(3), (4)(B), (5), added cl. (iii).

1999—Subsec. (span)(1), (2). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(1)], amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:

“(1) Following the date that is one year after October 5, 1992, no cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—

“(A) with the express authority of the originating station; or

“(B) pursuant to section 534 of this title, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section.

“(2) The provisions of this subsection shall not apply to—

“(A) retransmission of the signal of a noncommercial broadcasting station;

“(B) retransmission directly to a home satellite antenna of the signal of a broadcasting station that is not owned or operated by, or affiliated with, a broadcasting network, if such signal was retransmitted by a satellite carrier on May 1, 1991;

“(C) retransmission of the signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna, if the household receiving the signal is an unserved household; or

“(D) retransmission by a cable operator or other multichannel video programming distributor of the signal of a superstation if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991.

For purposes of this paragraph, the terms ‘satellite carrier’, ‘superstation’, and ‘unserved household’ have the meanings given those terms, respectively, in section 119(d) of title 17 as in effect on October 5, 1992.”

Subsec. (span)(3)(C). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(2)], added subpar. (C).

Subsec. (span)(4). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(3)], inserted at end “If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section 338 of this title shall not apply to the carriage of the signal of such station by such satellite carrier.”

Subsec. (span)(5). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(4)], substituted “338, 534, or 535 of this title” for “534 or 535 of this title”.

Subsec. (span)(7). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(5)], added par. (7).

Subsec. (e). Puspan. L. 106–113, § 1000(a)(9) [title I, § 1009(span)], added subsec. (e).

1992—Subsecs. (span) to (d). Puspan. L. 102–385 added subsec. (span) and redesignated former subsecs. (span) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment

Puspan. L. 116–94, div. P, title X, § 1003(d), Dec. 20, 2019, 133 Stat. 3200, provided that: “The amendments made by this section [amending this section], and the regulations promulgated by the Federal Communications Commission under such amendments, shall not take effect before January 1 of the calendar year after the calendar year in which this Act [probably means “this title”, which is title X of div. P of Puspan. L. 116–94, approved Dec. 20, 2019] is enacted.”

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–175 effective Fespan. 27, 2010, see section 307(a) of Puspan. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.

Effective Date of 1992 Amendment

Puspan. L. 102–385, § 28, Oct. 5, 1992, 106 Stat. 1503, provided that: “Except where otherwise expressly provided, the provisions of this Act [enacting sections 334, 335, 534 to 537, 544a, 548, and 555a of this title, amending this section and sections 332, 522, 532, 533, 541 to 544, 546, 551 to 555, and 558 of this title, and enacting provisions set out as notes under sections 521, 531, 543, and 554 of this title] and the amendments made thereby shall take effect 60 days after the date of enactment of this Act [Oct. 5, 1992].”

Regulations

Puspan. L. 113–200, title I, § 103(e), Dec. 4, 2014, 128 Stat. 2062, provided that: “Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall promulgate regulations to implement the amendments made by this section [amending this section].”

Puspan. L. 108–447, div. J, title IX [title II, § 207(span)], Dec. 8, 2004, 118 Stat. 3428, provided that: “The Federal Communications Commission shall prescribe regulations to implement the amendment made by subsection (a)(5) [amending this section] within 180 days after the date of enactment of this Act [Dec. 8, 2004].”

Savings Clause Regarding Definitions

Puspan. L. 111–175, title II, § 208, May 27, 2010, 124 Stat. 1254, provided that: “Nothing in this title [enacting section 342 of this title, amending this section and sections 335 and 338 to 340 of this title, and enacting provisions set out as notes under sections 338 and 340 of this title] or the amendments made by this title shall be construed to affect—

“(1) the meaning of the terms ‘program related’ and ‘primary video’ under the Communications Act of 1934 [47 U.S.C. 151 et seq.]; or
“(2) the meaning of the term ‘multicast’ in any regulations issued by the Federal Communications Commission.”

Severability

Puspan. L. 106–113, div. B, § 1000(a)(9) [title I, § 1010], Nov. 29, 1999, 113 Stat. 1536, 1501A–543, provided that: “If any provision of section 325(span) of the Communications Act of 1934 (47 U.S.C. 325(span)), or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that section, and the application of that provision to other persons and circumstances, shall not be affected.”

Good Faith

Puspan. L. 113–200, title I, § 103(c), Dec. 4, 2014, 128 Stat. 2062, provided that: “Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall commence a rulemaking to review its totality of the circumstances test for good faith negotiations under clauses (ii) and (iii) of section 325(span)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(span)(3)(C)).”

Digital Transition Savings Provision

Puspan. L. 108–447, div. J, title IX [title II, § 212], Dec. 8, 2004, 118 Stat. 3431, provided that: “Nothing in the dates by which requirements or other provisions are effective under this Act [probably means title IX of div. J of Puspan. L. 108–447, see Short Title of 2004 Amendment note set out under section 101 of Title 17, Copyrights] or the amendments made by this Act shall be construed—

“(1) to impair the authority of the Federal Communications Commission to take any action with respect to the transition by television broadcasters to the digital television service; or
“(2) to require the Commission to take any such action.”