ply to secondary transmissions by a satellite carrier to persons who
subscribed to receive such secondary transmissions from the satellite
carrier or a distributor before November 16, 1988.

(D) Burden of proof. [57] In any action brought under this paragraph,
the satellite carrier shall have the burden of proving that its
secondary transmission of a primary transmission by a network station is
for private home viewing to an unserved household.

(E) Exception. The secondary transmission by a satellite carrier of a
performance or display of a work embodied in a primary transmission made
by a network station to subscribers who do not reside in unserved
households shall not be an act of infringement if-

(i) the station on May 1, 1991, was retransmitted by a satellite carrier
and was not on that date owned or operated by or affiliated with a
television network that offered interconnected program service on a
regular basis for 15 or more hours per week to at least 25 affiliated
television licensees in 10 or more States;

(ii) as of July 1, 1998, such station was retransmitted by a satellite
carrier under the statutory license of this section; and

(iii) the station is not owned or operated by or affiliated with a
television network that, as of January 1, 1995, offered interconnected
program service on a regular basis for 15 or more hours per week to at
least 25 affiliated television licensees in 10 or more States.

(6) Discrimination by a satellite carrier. Notwithstanding the
provisions of paragraph (1), the willful or repeated secondary
transmission to the public by a satellite carrier of [a] performance or
display of a work embodied in a primary transmission made by a
superstation or a network station 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 satellite carrier
unlawfully discriminates against a distributor. [58]

(7) Geographic limitation on secondary transmissions. The statutory
license created by this section shall apply only to secondary
transmissions to households located in the United States.

(8) Transitional signal intensity measurement procedures. [59]

(A) In general. Subject to subparagraph (C), upon a challenge by a
network station regarding whether a subscriber is an unserved household
within the predicted Grade B Contour of the station, the satellite
carrier shall, within 60 days after t