Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

(II) the household is an unserved household, the station shall pay the costs of the measurement.

(9) Loser pays for signal intensity measurement; recovery of measurement costs in a civil action.  In any civil action filed relating to the eligibility of subscribing households as unserved households-

(A) a network station challenging such eligibility shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the satellite carrier for any signal intensity measurement that is conducted by that carrier in response to a challenge by the network station and that establishes the household is an unserved household; and

(B) a satellite carrier shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the network station challenging such eligibility for any signal intensity measurement that is conducted by that station and that establishes the household is not an unserved household.

(10) inability to conduct measurement.  If a network station makes a reasonable attempt to conduct a site measurement of its signal at a subscriber’s household and is denied access for the purpose of conducting the measurement, and is otherwise unable to conduct a measurement, the satellite carrier shall within 60 days notice thereof, terminate service of the station’s network to that household.

(11) Service to recreational vehicles and commercial trucks.-

(A) Exemption.-

(i) In general.  For purposes of this subsection, and subject to clauses (ii) and (iii), the term “unserved household” shall include-

(I) recreational vehicles as defined in regulations of the Secretary of Housing and Urban Development under section 3282.8 of title 24 of the Code of Federal Regulations; and

(II) commercial trucks that qualify as commercial motor vehicles under regulations of the Secretary of Transportation under section 383.5 of title 49 of the Code of Federal Regulations.

(ii) Limitation.  Clause (i) shall apply only to a recreational vehicle or commercial truck if any satellite carrier that proposes to make a secondary transmission of a network station to the operator of such a recreational vehicle or commercial truck complies with the documentation requirements under subparagraphs (B) and (C).

(iii) Exclusion.  For purposes of this subparagraph, the terms “recreational vehicle” and “commercial truck” shall not include any fixed dwelling, whether a mobile home or otherwise.

(B) Documentation requirements.  A recreational vehicle or commercial truck shall be deemed to be an unserved household beginning 10 days after the relevant satellite carrier provides to the network that owns or is affiliated with the network station that will be secondarily transmitted to the recreational vehicle or commercial truck the following documents: 

(i) Declaration.  A signed declaration by the operator of the recreational vehicle or commercial truck that the satellite dish is permanently attached to the recreational vehicle or commercial truck, and will not be used to receive satellite programming at any fixed dwelling.

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Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 from Project Gutenberg. Public domain.