(g) Burden of Proof. In any action brought under subsection (f), the
satellite carrier shall have the burden of proving that its secondary
transmission of a primary transmission by a television broadcast station
is made only to subscribers located within that station's local market
or subscribers being served in compliance with section 119 or a private
licensing agreement.
(h) Geographic Limitations on secondary Transmissions. The statutory
license created by this section shall apply to secondary transmissions
to locations in the United States.
(i) Exclusivity with Respect to Secondary Transmissions of Broadcast
Stations by Satellite to Members of the Public. No provision of section
111 or any other law (other than this section and section 119) shall be
construed to contain any authorization, exemption, or license through
which secondary transmissions by satellite carriers of programming
contained in a primary transmission made by a television broadcast
station may be made without obtaining the consent of the copyright
owner.
(j) Definitions. In this section-
(1) Distributor. The term "distributor" means an entity which contracts
to distribute secondary transmissions from a satellite carrier and,
either as a single channel or in a package with other programming,
provides the secondary transmission either directly to individual
subscribers or indirectly through other program distribution entities.
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