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47 U.S.C. § 612 — Syndicated exclusivity
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section605&num=0&edition=prelim).
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Source location: Title 47, Chapter 5, § 612; chapter-005-wire-or-radio-communication.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section605&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Practices prohibited** Except as authorized by chapter 119, title 18, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the ben
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secondary Transmissions by Satellite Carriers.—**
(1) **Non-network stations.—** — Subject to the provisions of paragraphs (3), (4), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a non-network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing or for viewing in a commercial establishment, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, and the carrier makes a direct or indirect charge for each retransmission service to each subscriber receiving the secondary transmission or to a distributor that has contracted with the carrier for direct or indirect delivery of the secondary transmission to the public for private home viewing or for viewing in a commercial establishment.
(2) **Network stations.—**
(A) *In general.—* — Subject to the provisions of subparagraph (B) of this paragraph and paragraphs (3), (4), (5), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, the
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Federal law — U.S. Code and appendices · legal_authorities
Page 325
TITLE 47—TELECOMMUNICATIONS
§ 612
1994—Subsec. (f). Pub. L. 103–414 substituted ‘‘The
Commission’’ for ‘‘The Commission shall complete
rulemaking actions required by this section and issue
specific and detailed rules and regulations resulting
therefrom within one year after January 3, 1983. The
Commission shall complete rulemaking actions re-
quired to implement the amendments made by the
Hearing Aid Compatibility Act of 1988 within nine
months after August 16, 1988. Thereafter, the Commis-
sion’’.
1988—Subsec. (b). Pub. L. 100–394, § 3(a), amended sub-
sec. (b) generally. Prior to amendment, subsec. (b) read
as follows: ‘‘The Commission shall require that essen-
tial telephones provide internal means for effective use
with hearing aids that are specially designed for tele-
phone use. For purposes of this subsection, the term
‘essential telephones’ means only coin-operated tele-
phones, telephones provided for emergency use, and
other telephones frequently needed for use by persons
using such hearing aids.’’
Subsec. (f). Pub. L. 100–394, § 3(b), substituted ‘‘The
Commission shall complete rulemaking actions re-
quired to implement the amendments made by the
Hearing Aid Compatibility Act of 1988 within nine
months after August 16, 1988. Thereafter, the Commis-
sion shall periodically review the regulations estab-
lished pursuant to this section.’’ for ‘‘Thereafter the
Commission shall periodically review such rules and
regulations.’’
Statutory Notes and Related Subsidiaries
CONGRESSIONAL FINDINGS FOR 1988 AMENDMENT
Pub. L. 100–394, § 2, Aug. 16, 1988, 102 Stat. 976, pro-
vided that: ‘‘The Congress finds that—
‘‘(1) to the fullest extent made possible by tech-
nology and medical science, hearing-impaired persons
should have equal access to th
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 612
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