Title 47 — Telecommunications
Chapter 5 — Wire or Radio Communication
§ 612. Syndicated exclusivity
Statutory text
The Federal Communications Commission shall initiate a combined inquiry and rulemaking proceeding for the purpose of—
determining the feasibility of imposing syndicated exclusivity rules with respect to the delivery of syndicated programming (as defined by the Commission) for private home viewing of secondary transmissions by satellite of broadcast station signals similar to the rules issued by the Commission with respect to syndicated exclusivity and cable television; and
adopting such rules if the Commission considers the imposition of such rules to be feasible.
In the event that the Commission adopts such rules, any willful and repeated secondary transmission made by a satellite carrier to the public of a primary transmission embodying the performance or display of a work which violates such Commission rules shall be subject to the remedies, sanctions, and penalties provided by subchapter V and section 605 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Satellite Home Viewer Act of 1988
Pub. L. 100–667 title II § 203 · 102 Stat. 3935
Enacted · 47 U.S.C. § 612
June 19, 1934, ch. 652, title VII, § 712, as added Pub. L. 100–667, title II, § 203, Nov. 16, 1988, 102 Stat. 3958
Source evidence
Code source credit
June 19, 1934, ch. 652, title VII, § 712, as added Pub. L. 100–667, title II, § 203, Nov. 16, 1988, 102 Stat. 3958Enacted provision · exact public law section
SEC. 203. SYNDICATED EXCLUSIVITY; REPORT ON DISCRIMINATION. Title VII of The Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following: “Sec. 712. “syndicated exclusivity (a) The Federal Communications Commission shall, within 120 days after the effective date of the Satellite Home Viewer Act of 1988, initiate a combined inquiry and rulemaking proceeding for the purpose of— “(1) determining the feasibility of imposing syndicated exclusivity rules with respect to the delivery of syndicated programming (as defined by the Commission) for private home viewing of secondary transmissions by satellite of broadcast station signals similar to the rules issued by the Commission with respect to syndicated exclusivity and cable television; and “(2) adopting such rules if the Commission considers the imposition of such rules to be feasible. “(b) In the event that the Commission adopts such rules, any willful and repeated secondary transmission made by a satellite carrier to the public of a primary transmission embodying the performance or display of a work which violates such Commission rules shall be subject to the remedies, sanctions, and penalties provided by title V and section 705 of this Act. “Sec. 713. “discrimination The Federal Communications Commission shall, within 1 year after the effective date of the Satellite Home Viewer Act of 1988, prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on whether, and the extent to which, there exists discrimination described in section 119(a)(6) of title 17, United States Code.”.Pub. L. 103–414 title III § 304(a)(17) · 108 Stat. 4279
Struck · 47 U.S.C. § 612(a)
Pub. L. 103–414 struck out “, within 120 days after January 1, 1989,” after “The Federal Communications Commission shall”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–414 struck out “, within 120 days after January 1, 1989,” after “The Federal Communications Commission shall”.Enacted provision · exact public law section
(17) in section 712(a), by striking “, within 120 days after 47 USC 612. the effective date of the Satellite Home Viewer Act of 1988,”; and
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1994—Subsec. (a). Pub. L. 103–414 struck out “, within 120 days after ,” after “The Federal Communications Commission shall”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 206 of Pub. L. 100–667, set out as a note under section 119 of Title 17, Copyrights.
Credits
1934–1994 · 2 acts
- 1934June 19, 1934, ch. 652, title VII, § 712, as added Pub. L. 100–667, title II, § 203, , 102 Stat. 3958
- 1994amended Pub. L. 103–414, title III, § 304(a)(17), , 108 Stat. 4297.
Show as published
(June 19, 1934, ch. 652, title VII, § 712, as added Pub. L. 100–667, title II, § 203, , 102 Stat. 3958; amended Pub. L. 103–414, title III, § 304(a)(17), , 108 Stat. 4297.)