[60]
(b) Statutory License for Secondary Transmissions for Private Home
Viewing.-
(1) Deposits with the register of copyrights. A satellite carrier whose
secondary transmissions are subject to statutory licensing under
subsection (a) shall, on a semiannual basis, deposit with the Register
of Copyrights, in accordance with requirements that the Register shall
prescribe by regulation-
(A) a statement of account, covering the preceding 6-month period,
specifying the names and locations of all superstations and network
stations whose signals were transmitted, at any time during that period,
to subscribers for private home viewing as described in subsections (a)
(1) and (a)(2), the total number of subscribers that received such
transmissions, and such other data as the Register of Copyrights may
from time to time prescribe by regulation; and
(B) a royalty fee for that 6-month period, computed by-
(i) multiplying the total number of subscribers receiving each secondary
transmission of a superstation during each calendar month by 17.5 cents
per subscriber in the case of superstations that as retransmitted by the
satellite carrier include any program which, if delivered by any cable
system in the United States, would be subject to the syndicated
exclusivity rules of the Federal Communications Commission, and 14 cents
per subscriber in the case of superstations that are syndex-proof as
defined in section 258.
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