(C) Previous subscribers excluded. Subparagraphs (A) and (B) do not
apply to secondary transmissions by a satellite carrier to persons who
subscribed to receive such secondary transmissions from the satellite
carrier or a distributor before November 16, 1988.
(D) Burden of proof. [57] In any action brought under this paragraph,
the satellite carrier shall have the burden of proving that its
secondary transmission of a primary transmission by a network station is
for private home viewing to an unserved household.
(E) Exception. The secondary transmission by a satellite carrier of a
performance or display of a work embodied in a primary transmission made
by a network station to subscribers who do not reside in unserved
households shall not be an act of infringement if-
(i) the station on May 1, 1991, was retransmitted by a satellite carrier
and was not on that date owned or operated by or affiliated with a
television network that offered interconnected program service on a
regular basis for 15 or more hours per week to at least 25 affiliated
television licensees in 10 or more States;
(ii) as of July 1, 1998, such station was retransmitted by a satellite
carrier under the statutory license of this section; and
(iii) the station is not owned or operated by or affiliated with a
television network that, as of January 1, 1995, offered interconnected
program service on a regular basis for 15 or more hours per week to at
least 25 affiliated television licensees in 10 or more States.
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