he
provisions of this clause extend only to the activities of said carrier
with respect to secondary transmissions and do not exempt from
liability the activities of others with respect to their own primary or
secondary transmissions; or

(4) the secondary transmission is not made by a cable system but is
made by a governmental body, or other nonprofit organization, without
any purpose of direct or indirect commercial advantage, and without
charge to the recipients of the secondary transmission other than
assessments necessary to defray the actual and reasonable costs of
maintaining and operating the secondary transmission service.

(b) Secondary Transmission of Primary Transmission to Controlled
Group.--Notwithstanding the provisions of subsections (a) and (c), the
secondary transmission to the public of a primary transmission
embodying a performance or display of a work is actionable as an act of
infringement under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, if the primary
transmission is not made for reception by the public at large but is
controlled and limited to reception by particular members of the
public; Provided, however, That such secondary transmission is not
actionable as an act of infringement if--

(1) the primary transmission is made by a broadcast station licensed by
the Federal Communication; and

(2) the carriage of the signals comprising the secondary transmission
is required under the rules, regulations, or authorizations of the
Federal Communications Commission; and

(3) the signal of the primary transmitter is not altered or changed in
any way by the secondary transmitter.

(c) Secondary Transmissions by Cable Systems--

(1) Subject to the provisions of clauses (2), (3), and (4) of this
subsection, secondary transmissions to the public by a cable system of
a primary transmission made by a broadcast station licensed by the
Federal Communications Commission or by an appropriate governmental
authority of Canada or Mexico and embodying a performance or display of
a work shall be subject to compulsory licensing upon compliance with
the requirements of subsection (d) where the carriage of the signals
comprising the secondary transmission is permissible under the rules,
regulations, or authorizations of the Federal Communications Commission.

(2) Notwithstanding the provisions of clause (1) of this subsection,
the willful or repeated secondar