(B) In the event that the rules and regulations of the Federal
Communications Commission are amended at any time after April 15, 1976,
to permit the carriage by cable systems of additional television
broadcast signals beyond the local service area of the primary
transmitters of such signals, the royalty rates established by section
111(d)(1)(B) may be adjusted to insure that the rates for the additional
distant signal equivalents resulting from such carriage are reasonable
in the light of the changes effected by the amendment to such rules and
regulations. In determining the reasonableness of rates proposed
following an amendment of Federal Communications Commission rules and
regulations, the copyright arbitration royalty panels shall consider,
among other factors, the economic impact on copyright owners and users:
*Provided*, That no adjustment in royalty rates shall be made under this
subclause with respect to any distant signal equivalent or fraction
thereof represented by (i) carriage of any signal permitted under the
rules and regulations of the Federal Communications Commission in effect
on April 15, 1976, or the carriage of a signal of the same type (that
is, independent, network, or noncommercial educational) substituted for
such permitted signal, or (ii) a television broadcast signal first
carried after April 15, 1976, pursuant to an individual waiver of the
rules and regulations of the Federal Communications Commission, as such
rules and regulations were in effect on April 15,1976.
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