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Title 47 — Telecommunications

Chapter 5 — Wire or Radio Communication

§ 612. Syndicated exclusivity

Statutory text

(a)

The Federal Communications Commission shall 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 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.

  1. 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. 3958

    Enacted 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.”.

  2. 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
  1. 1934June 19, 1934, ch. 652, title VII, § 712, as added Pub. L. 100–667, title II, § 203, , 102 Stat. 3958
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc47.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t47/s612