§612 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The Federal Communications Commission must start a combined inquiry and rulemaking to see if it can apply syndicated exclusivity rules to satellite delivery of syndicated programming (as the FCC defines it) for people watching at home, similar to the rules it has for cable. If the FCC decides it is feasible, it must adopt those rules. If the FCC adopts the rules, any satellite carrier that knowingly and repeatedly retransmits a primary broadcast to the public in violation of the rules — where the broadcast includes the performance or showing of a work — can be punished under the remedies, sanctions, and penalties in subchapter V and section 605 of this title.

Title 47, §612

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–414 struck out “, within 120 days after January 1, 1989,” after “The Federal Communications Commission shall”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, see section 206 of Pub. L. 100–667, set out as a note under section 119 of Title 17, Copyrights.

§612 Syndicated exclusivity