ite carrier wishes to
continue to make secondary transmissions to a recreational vehicle or
commercial truck for more than a 2-year period, that carrier shall
provide each network, upon request, with updated documentation in the
form described under subparagraph (B) during the 90 days before
expiration of that 2-year period.

(12) Statutory license contingent on compliance with fcc rules and
remedial steps. Notwithstanding any other provision of this section, the
willful or repeated secondary transmission to the public by a satellite
carrier of a primary transmission embodying a performance or display of
a work made by a broadcast station licensed by the Federal
Communications Commission 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, at the time of such transmission, the
satellite carrier is not in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission concerning the
carriage of television broadcast station signals. [60]

(b) Statutory License for Secondary Transmissions for Private Home
Viewing.-

(1) Deposits with the register of copyrights. A satellite carrier whose
secondary transmissions are subject to statutory licensing under
subsection (a) shall, on a semiannual basis, deposit with the Register
of Copyrights, in accordance with requirements that the Register shall
prescribe by regulation-

(A) a statement of account, covering the preceding 6-month period,
specifying the names and locations of all superstations and network
stations whose signals were transmitted, at any time during that period,
to subscribers for private home viewing as described in subsections (a)
(1) and (a)(2), the total number of subscribers that received such
transmissions, and such other data as the Register of Copyrights may
from time to time prescribe by regulation; and

(B) a royalty fee for that 6-month period, computed by-

(i) multiplying the total number of subscribers receiving each secondary
transmission of a superstation during each calendar month by 17.5 cents
per subscriber in the case of superstations that as retransmitted by the
satellite carrier include any program which, if delivered by any cable
system in the United States, would be subject to the syndicated
exclusivity rules of the Federal Communications Commission, and 14 cents
per subscriber in the case of superstations