---
kind: "section"
citation: "47 U.S.C. § 325"
title: "47"
title_heading: "Telecommunications"
number: "325"
heading: "False, fraudulent, or unauthorized transmissions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/325"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter III — Special Provisions Relating to Radio"
  - "Part I — General Provisions"
---

# §325. False, fraudulent, or unauthorized transmissions

- (a) **False distress signals; rebroadcasting programs—** No [person](/usc/47/153.md?p=39) within the jurisdiction of the [United States](/usc/47/153.md?p=58) shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or communication relating thereto, nor shall any [broadcasting station](/usc/47/153.md?p=6) rebroadcast the program or any part thereof of another [broadcasting station](/usc/47/153.md?p=6) without the express authority of the originating [station](/usc/47/153.md?p=42).
- (b) **Consent to retransmission of broadcasting station signals—**
  - (1) No [cable system](/usc/47/153.md?p=9) or other multichannel video programming distributor shall retransmit the signal of a [broadcasting station](/usc/47/153.md?p=6), or any part thereof, except—
    - (A) with the express authority of the originating [station](/usc/47/153.md?p=42);
    - (B) under [section 534 of this title](/usc/47/534.md), in the case of a [station](/usc/47/153.md?p=42) electing, in accordance with this subsection, to assert the right to carriage under such section; or
    - (C) under [section 338 of this title](/usc/47/338.md), in the case of a [station](/usc/47/153.md?p=42) electing, in accordance with this subsection, to assert the right to carriage under such section.
  - (2) This subsection shall not apply—
    - (A) to retransmission of the signal of a noncommercial television [broadcast station](/usc/47/153.md?p=6);
    - (B) to retransmission of the signal of a television [broadcast station](/usc/47/153.md?p=6) outside the [station](/usc/47/153.md?p=42)’s local market by a satellite [carrier](/usc/47/153.md?p=11) directly to its subscribers, if—
      - (i) such [station](/usc/47/153.md?p=42) was a superstation on May 1, 1991;
      - (ii) as of July 1, 1998, such [station](/usc/47/153.md?p=42) was retransmitted by a satellite [carrier](/usc/47/153.md?p=11) under the statutory [license](/usc/47/153.md?p=49) of [section 119 of title 17](/usc/17/119.md); and
      - (iii) the satellite [carrier](/usc/47/153.md?p=11) complies with any network nonduplication, syndicated exclusivity, and sports blackout rules adopted by the Commission under [section 339(b) of this title](/usc/47/339.md?p=b);
    - (C) to retransmission of the signals of network [stations](/usc/47/153.md?p=42) directly to a home satellite antenna under the statutory [license](/usc/47/153.md?p=49) of [section 119 of title 17](/usc/17/119.md);
    - (D) to retransmission by a cable [operator](/usc/47/153.md?p=38-A) or other multichannel video provider, other than a satellite [carrier](/usc/47/153.md?p=11), of the signal of a television [broadcast station](/usc/47/153.md?p=6) outside the [station](/usc/47/153.md?p=42)’s local market if such signal was obtained from a satellite [carrier](/usc/47/153.md?p=11) and—
      - (i) the originating [station](/usc/47/153.md?p=42) was a superstation on May 1, 1991; and
      - (ii) as of July 1, 1998, such [station](/usc/47/153.md?p=42) was retransmitted by a satellite [carrier](/usc/47/153.md?p=11) under the statutory [license](/usc/47/153.md?p=49) of [section 119 of title 17](/usc/17/119.md); or
    - (E) during the 6-month period beginning on November 29, 1999, to the retransmission of the signal of a television [broadcast station](/usc/47/153.md?p=6) within the [station](/usc/47/153.md?p=42)’s local market by a satellite [carrier](/usc/47/153.md?p=11) directly to its subscribers under the statutory [license](/usc/47/153.md?p=49) of [section 122 of title 17](/usc/17/122.md).

    For purposes of this paragraph, the terms “satellite [carrier](/usc/47/153.md?p=11)” and “superstation” have the meanings given those terms, respectively, in [section 119(d) of title 17](/usc/17/119.md?p=d), as in effect on October 5, 1992.

  - (3)
    - (A) Within 45 days after October 5, 1992, the Commission shall commence a rulemaking proceeding to establish regulations to govern the exercise by television [broadcast stations](/usc/47/153.md?p=6) of the right to grant retransmission consent under this subsection and of the right to signal carriage under [section 534 of this title](/usc/47/534.md), and such other regulations as are necessary to administer the limitations contained in [paragraph (2)](#b-2). The Commission shall consider in such proceeding the impact that the grant of retransmission consent by television [stations](/usc/47/153.md?p=42) may have on the rates for the basic service tier and shall ensure that the regulations prescribed under this subsection do not conflict with the Commission’s obligation under [section 543(b)(1) of this title](/usc/47/543.md?p=b-1) to ensure that the rates for the basic service tier are reasonable. Such rulemaking proceeding shall be completed within 180 days after October 5, 1992.
    - (B) The regulations required by [subparagraph (A)](#b-3-A) shall require that television [stations](/usc/47/153.md?p=42), within one year after October 5, 1992, and every three years thereafter, make an election between the right to grant retransmission consent under this subsection and the right to signal carriage under [section 534 of this title](/usc/47/534.md). If there is more than one [cable system](/usc/47/153.md?p=9) which services the same geographic area, a [station](/usc/47/153.md?p=42)’s election shall apply to all such [cable systems](/usc/47/153.md?p=9).
    - (C) The Commission shall commence a rulemaking proceeding to revise the regulations governing the exercise by television [broadcast stations](/usc/47/153.md?p=6) of the right to grant retransmission consent under this subsection, and such other regulations as are necessary to administer the limitations contained in [paragraph (2)](#b-2). Such regulations shall—
      - (i) establish election time periods that correspond with those regulations adopted under subparagraph (B) of this paragraph;
      - (ii) prohibit a television [broadcast station](/usc/47/153.md?p=6) that provides retransmission consent from engaging in exclusive contracts for carriage or failing to negotiate in good faith, and it shall not be a failure to negotiate in good faith if the television [broadcast station](/usc/47/153.md?p=6) enters into retransmission consent agreements containing different terms and conditions, including price terms, with different multichannel video programming distributors if such different terms and conditions are based on competitive marketplace considerations;
      - (iii) prohibit a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing different terms and conditions, including price terms, with different [broadcast stations](/usc/47/153.md?p=6) if such different terms and conditions are based on competitive marketplace considerations;
      - (iv) prohibit a television [broadcast station](/usc/47/153.md?p=6) from coordinating negotiations or negotiating on a joint basis with another television [broadcast station](/usc/47/153.md?p=6) in the same local market to grant retransmission consent under this section to a multichannel video programming distributor, unless such [stations](/usc/47/153.md?p=42) are directly or indirectly under common de jure control permitted under the regulations of the Commission;
      - (v) prohibit a television [broadcast station](/usc/47/153.md?p=6) from limiting the ability of a multichannel video programming distributor to carry into the local market of such [station](/usc/47/153.md?p=42) a television signal that has been deemed significantly viewed, within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation, or any other television broadcast signal such distributor is authorized to carry under section [338](/usc/47/338.md), [339](/usc/47/339.md), [340](/usc/47/340.md), or [534](/usc/47/534.md) of this title, unless such [stations](/usc/47/153.md?p=42) are directly or indirectly under common de jure control permitted by the Commission; and
      - (vi) not later than 90 days after December 20, 2019, specify that—
        - (I) a multichannel video programming distributor may satisfy its obligation to negotiate in good faith under [clause (iii)](#b-3-C-iii) with respect to a negotiation for retransmission consent under this section with a large [station](/usc/47/153.md?p=42) group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with such clause;
        - (II) it is a violation of the obligation to negotiate in good faith under [clause (iii)](#b-3-C-iii) for the qualified MVPD buying group to disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely, to enter into the final terms negotiated by the qualified MVPD buying group; and
        - (III) a large [station](/usc/47/153.md?p=42) group has an obligation to negotiate in good faith under [clause (ii)](#b-3-C-ii) with respect to a negotiation for retransmission consent under this section with a qualified MVPD buying group.
  - (4) If an originating television [station](/usc/47/153.md?p=42) elects under [paragraph (3)(B)](#b-3-B) to exercise its right to grant retransmission consent under this subsection with respect to a [cable system](/usc/47/153.md?p=9), the provisions of [section 534 of this title](/usc/47/534.md) shall not apply to the carriage of the signal of such [station](/usc/47/153.md?p=42) by such [cable system](/usc/47/153.md?p=9). If an originating television [station](/usc/47/153.md?p=42) elects under [paragraph (3)(C)](#b-3-C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite [carrier](/usc/47/153.md?p=11), [section 338 of this title](/usc/47/338.md) shall not apply to the carriage of the signal of such [station](/usc/47/153.md?p=42) by such satellite [carrier](/usc/47/153.md?p=11).
  - (5) The exercise by a television [broadcast station](/usc/47/153.md?p=6) of the right to grant retransmission consent under this subsection shall not interfere with or supersede the rights under section [338](/usc/47/338.md), [534](/usc/47/534.md), or [535](/usc/47/535.md) of this title of any [station](/usc/47/153.md?p=42) electing to assert the right to signal carriage under that section.
  - (6) Nothing in this section shall be construed as modifying the compulsory copyright [license](/usc/47/153.md?p=49) established in [section 111 of title 17](/usc/17/111.md) or as affecting existing or future video programming licensing agreements between [broadcasting stations](/usc/47/153.md?p=6) and video programmers.
  - (7) For purposes of this subsection, the term—
    - (A) “network [station](/usc/47/153.md?p=42)” has the meaning given such term under [section 119(d) of title 17](/usc/17/119.md?p=d);
    - (B) “television [broadcast station](/usc/47/153.md?p=6)” means an over-the-air commercial or noncommercial television [broadcast station](/usc/47/153.md?p=6) licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television [station](/usc/47/153.md?p=42);
    - (C) “qualified MVPD buying group” means an entity that, with respect to a negotiation with a large [station](/usc/47/153.md?p=42) group for retransmission consent under this section—
      - (i) negotiates on behalf of two or more multichannel video programming distributors—
        - (I) none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and
        - (II) that do not collectively serve more than 25 percent of all households served by a multichannel video programming distributor in any single local market in which the applicable large [station](/usc/47/153.md?p=42) group operates; and
      - (ii) negotiates agreements for such retransmission consent—
        - (I) that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and
        - (II) under which the entity assumes liability to remit to the applicable large [station](/usc/47/153.md?p=42) group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates;
    - (D) “large [station](/usc/47/153.md?p=42) group” means a group of television [broadcast stations](/usc/47/153.md?p=6) that—
      - (i) are directly or indirectly under common de jure control permitted by the regulations of the Commission;
      - (ii) generally negotiate agreements for retransmission consent under this section as a single entity; and
      - (iii) include only television [broadcast stations](/usc/47/153.md?p=6) that have a national audience reach of more than 20 percent;
    - (E) “local market” has the meaning given such term in [section 122(j) of title 17](/usc/17/122.md?p=j); and
    - (F) “multichannel video programming distributor” has the meaning given such term in [section 522 of this title](/usc/47/522.md).
- (c) **Broadcast to foreign countries for rebroadcast to United States; permit—** No [person](/usc/47/153.md?p=39) shall be permitted to locate, use, or maintain a radio broadcast studio or other place or apparatus from which or whereby sound waves are converted into electrical energy, or mechanical or physical reproduction of sound waves produced, and caused to be transmitted or delivered to a [radio station](/usc/47/153.md?p=42) in a foreign country for the purpose of being broadcast from any [radio station](/usc/47/153.md?p=42) there having a power output of sufficient intensity and/or being so located geographically that its emissions may be received consistently in the [United States](/usc/47/153.md?p=58), without first obtaining a permit from the Commission upon proper application therefor.
- (d) **Application for permit—** Such application shall contain such information as the Commission may by regulation prescribe, and the granting or refusal thereof shall be subject to the requirements of [section 309 of this title](/usc/47/309.md) with respect to applications for [station licenses](/usc/47/153.md?p=49) or renewal or modification thereof, and the [license](/usc/47/153.md?p=49) or permission so granted shall be revocable for false statements in the application so required or when the Commission, after hearings, shall find its continuation no longer in the public interest.
- (e) **Enforcement proceedings against satellite carriers concerning retransmissions of television broadcast stations in the respective local markets of such carriers—**
  - (1) **Complaints by television broadcast stations—** If after the expiration of the 6-month period described under [subsection (b)(2)(E)](#b-2-E) a television [broadcast station](/usc/47/153.md?p=6) believes that a satellite [carrier](/usc/47/153.md?p=11) has retransmitted its signal to any [person](/usc/47/153.md?p=39) in the local market of such [station](/usc/47/153.md?p=42) in violation of [subsection (b)(1)](#b-1), the [station](/usc/47/153.md?p=42) may file with the Commission a complaint providing—
    - (A) the name, address, and call letters of the [station](/usc/47/153.md?p=42);
    - (B) the name and address of the satellite [carrier](/usc/47/153.md?p=11);
    - (C) the dates on which the alleged retransmission occurred;
    - (D) the street address of at least one [person](/usc/47/153.md?p=39) in the local market of the [station](/usc/47/153.md?p=42) to whom the alleged retransmission was made;
    - (E) a statement that the retransmission was not expressly authorized by the television [broadcast station](/usc/47/153.md?p=6); and
    - (F) the name and address of counsel for the [station](/usc/47/153.md?p=42).
  - (2) **Service of complaints on satellite carriers—** For purposes of any proceeding under this subsection, any satellite [carrier](/usc/47/153.md?p=11) that retransmits the signal of any [broadcast station](/usc/47/153.md?p=6) shall be deemed to designate the [Secretary](/usc/47/397.md?p=15) of the Commission as its agent for service of process. A television [broadcast station](/usc/47/153.md?p=6) may serve a satellite [carrier](/usc/47/153.md?p=11) with a complaint concerning an alleged violation of [subsection (b)(1)](#b-1) through retransmission of a [station](/usc/47/153.md?p=42) within the local market of such [station](/usc/47/153.md?p=42) by filing the original and two copies of the complaint with the [Secretary](/usc/47/397.md?p=15) of the Commission and serving a copy of the complaint on the satellite [carrier](/usc/47/153.md?p=11) by means of two commonly used overnight delivery services, each addressed to the chief executive officer of the satellite [carrier](/usc/47/153.md?p=11) at its principal place of business, and each marked “URGENT LITIGATION MATTER” on the outer packaging. Service shall be deemed complete one business day after a copy of the complaint is provided to the delivery services for overnight delivery. On receipt of a complaint filed by a television [broadcast station](/usc/47/153.md?p=6) under this subsection, the [Secretary](/usc/47/397.md?p=15) of the Commission shall send the original complaint by [United States](/usc/47/153.md?p=58) mail, postage prepaid, receipt requested, addressed to the chief executive officer of the satellite [carrier](/usc/47/153.md?p=11) at its principal place of business.
  - (3) **Answers by satellite carriers—** Within five business days after the date of service, the satellite [carrier](/usc/47/153.md?p=11) shall file an answer with the Commission and shall serve the answer by a commonly used overnight delivery service and by [United States](/usc/47/153.md?p=58) mail, on the counsel designated in the complaint at the address listed for such counsel in the complaint.
  - (4) **Defenses—**
    - (A) **Exclusive defenses—** The defenses under this paragraph are the exclusive defenses available to a satellite [carrier](/usc/47/153.md?p=11) against which a complaint under this subsection is filed.
    - (B) **Defenses—** The defenses referred to under [subparagraph (A)](#e-4-A) are the defenses that—
      - (i) the satellite [carrier](/usc/47/153.md?p=11) did not retransmit the television [broadcast station](/usc/47/153.md?p=6) to any [person](/usc/47/153.md?p=39) in the local market of the [station](/usc/47/153.md?p=42) during the time period specified in the complaint;
      - (ii) the television [broadcast station](/usc/47/153.md?p=6) had, in a writing signed by an officer of the television [broadcast station](/usc/47/153.md?p=6), expressly authorized the retransmission of the [station](/usc/47/153.md?p=42) by the satellite [carrier](/usc/47/153.md?p=11) to each [person](/usc/47/153.md?p=39) in the local market of the television [broadcast station](/usc/47/153.md?p=6) to which the satellite [carrier](/usc/47/153.md?p=11) made such retransmissions for the entire time period during which it is alleged that a violation of [subsection (b)(1)](#b-1) has occurred;
      - (iii) the retransmission was made after January 1, 2002, and the television [broadcast station](/usc/47/153.md?p=6) had elected to assert the right to carriage under [section 338 of this title](/usc/47/338.md) as against the satellite [carrier](/usc/47/153.md?p=11) for the relevant period; or
      - (iv) the [station](/usc/47/153.md?p=42) being retransmitted is a noncommercial television [broadcast station](/usc/47/153.md?p=6).
  - (5) **Counting of violations—** The retransmission without consent of a particular television [broadcast station](/usc/47/153.md?p=6) on a particular day to one or more [persons](/usc/47/153.md?p=39) in the local market of the [station](/usc/47/153.md?p=42) shall be considered a separate violation of [subsection (b)(1)](#b-1).
  - (6) **Burden of proof—** With respect to each alleged violation, the burden of proof shall be on a television [broadcast station](/usc/47/153.md?p=6) to establish that the satellite [carrier](/usc/47/153.md?p=11) retransmitted the [station](/usc/47/153.md?p=42) to at least one [person](/usc/47/153.md?p=39) in the local market of the [station](/usc/47/153.md?p=42) on the day in question. The burden of proof shall be on the satellite [carrier](/usc/47/153.md?p=11) with respect to all defenses other than the defense under [paragraph (4)(B)(i)](#e-4-B-i).
  - (7) **Procedures—**
    - (A) **Regulations—** Within 60 days after November 29, 1999, the Commission shall issue procedural regulations implementing this subsection which shall supersede procedures under [section 312 of this title](/usc/47/312.md).
    - (B) **Determinations—**
      - (i) **In general—** Within 45 days after the filing of a complaint, the Commission shall issue a final determination in any proceeding brought under this subsection. The Commission’s final determination shall specify the number of violations committed by the satellite [carrier](/usc/47/153.md?p=11). The Commission shall hear witnesses only if it clearly appears, based on written filings by the parties, that there is a genuine dispute about material facts. Except as provided in the preceding sentence, the Commission may issue a final ruling based on written filings by the parties.
      - (ii) **Discovery—** The Commission may direct the parties to exchange pertinent documents, and if necessary to take prehearing depositions, on such schedule as the Commission may approve, but only if the Commission first determines that such discovery is necessary to resolve a genuine dispute about material facts, consistent with the obligation to make a final determination within 45 days.
  - (8) **Relief—** If the Commission determines that a satellite [carrier](/usc/47/153.md?p=11) has retransmitted the television [broadcast station](/usc/47/153.md?p=6) to at least one [person](/usc/47/153.md?p=39) in the local market of such [station](/usc/47/153.md?p=42) and has failed to meet its burden of proving one of the defenses under [paragraph (4)](#e-4) with respect to such retransmission, the Commission shall be required to—
    - (A) make a finding that the satellite [carrier](/usc/47/153.md?p=11) violated [subsection (b)(1)](#b-1) with respect to that [station](/usc/47/153.md?p=42); and
    - (B) issue an order, within 45 days after the filing of the complaint, containing—
      - (i) a cease-and-desist order directing the satellite [carrier](/usc/47/153.md?p=11) immediately to stop making any further retransmissions of the television [broadcast station](/usc/47/153.md?p=6) to any [person](/usc/47/153.md?p=39) within the local market of such [station](/usc/47/153.md?p=42) until such time as the Commission determines that the satellite [carrier](/usc/47/153.md?p=11) is in compliance with [subsection (b)(1)](#b-1) with respect to such [station](/usc/47/153.md?p=42);
      - (ii) if the satellite [carrier](/usc/47/153.md?p=11) is found to have violated [subsection (b)(1)](#b-1) with respect to more than two television [broadcast stations](/usc/47/153.md?p=6), a cease-and-desist order directing the satellite [carrier](/usc/47/153.md?p=11) to stop making any further retransmission of any television [broadcast station](/usc/47/153.md?p=6) to any [person](/usc/47/153.md?p=39) within the local market of such [station](/usc/47/153.md?p=42), until such time as the Commission, after giving notice to the [station](/usc/47/153.md?p=42), that the satellite [carrier](/usc/47/153.md?p=11) is in compliance with [subsection (b)(1)](#b-1) with respect to such [stations](/usc/47/153.md?p=42); and
      - (iii) an award to the complainant of that complainant’s costs and reasonable attorney’s fees.
  - (9) **Court proceedings on enforcement of Commission order—**
    - (A) **In general—** On entry by the Commission of a final order granting relief under this subsection—
      - (i) a television [broadcast station](/usc/47/153.md?p=6) may apply within 30 days after such entry to the [United States](/usc/47/153.md?p=58) District Court for the Eastern District of Virginia for a final judgment enforcing all relief granted by the Commission; and
      - (ii) the satellite [carrier](/usc/47/153.md?p=11) may apply within 30 days after such entry to the [United States](/usc/47/153.md?p=58) District Court for the Eastern District of Virginia for a judgment reversing the Commission’s order.
    - (B) **Appeal—** The procedure for an appeal under this paragraph by the satellite [carrier](/usc/47/153.md?p=11) shall supersede any other appeal rights under Federal or [State](/usc/47/153.md?p=47) law. A [United States](/usc/47/153.md?p=58) district court shall be deemed to have personal jurisdiction over the satellite [carrier](/usc/47/153.md?p=11) if the [carrier](/usc/47/153.md?p=11), or a company under common control with the satellite [carrier](/usc/47/153.md?p=11), has delivered television programming by satellite to more than 30 customers in that district during the preceding 4-year period. If the [United States](/usc/47/153.md?p=58) District Court for the Eastern District of Virginia does not have personal jurisdiction over the satellite [carrier](/usc/47/153.md?p=11), an enforcement action or appeal shall be brought in the [United States](/usc/47/153.md?p=58) District Court for the District of Columbia, which may find personal jurisdiction based on the satellite [carrier](/usc/47/153.md?p=11)’s ownership of [licenses](/usc/47/153.md?p=49) issued by the Commission. An application by a television [broadcast station](/usc/47/153.md?p=6) for an order enforcing any cease-and-desist relief granted by the Commission shall be resolved on a highly expedited schedule. No discovery may be conducted by the parties in any such proceeding. The district court shall enforce the Commission order unless the Commission record reflects manifest error and an abuse of discretion by the Commission.
  - (10) **Civil action for statutory damages—** Within 6 months after issuance of an order by the Commission under this subsection, a television [broadcast station](/usc/47/153.md?p=6) may file a civil action in any [United States](/usc/47/153.md?p=58) district court that has personal jurisdiction over the satellite [carrier](/usc/47/153.md?p=11) for an award of statutory damages for any violation that the Commission has determined to have been committed by a satellite [carrier](/usc/47/153.md?p=11) under this subsection. Such action shall not be subject to transfer under [section 1404(a) of title 28](/usc/28/1404.md?p=a). On finding that the satellite [carrier](/usc/47/153.md?p=11) has committed one or more violations of [subsection (b)](#b), the District Court shall be required to award the television [broadcast station](/usc/47/153.md?p=6) statutory damages of $25,000 per violation, in accordance with [paragraph (5)](#e-5), and the costs and attorney’s fees incurred by the [station](/usc/47/153.md?p=42). Such statutory damages shall be awarded only if the television [broadcast station](/usc/47/153.md?p=6) has filed a binding stipulation with the court that such [station](/usc/47/153.md?p=42) will donate the full amount in excess of $1,000 of any statutory damage award to the [United States](/usc/47/153.md?p=58) Treasury for public purposes. Notwithstanding any other provision of law, a [station](/usc/47/153.md?p=42) shall incur no tax liability of any kind with respect to any amounts so donated. Discovery may be conducted by the parties in any proceeding under this paragraph only if and to the extent necessary to resolve a genuinely disputed issue of fact concerning one of the defenses under [paragraph (4)](#e-4). In any such action, the defenses under [paragraph (4)](#e-4) shall be exclusive, and the burden of proof shall be on the satellite [carrier](/usc/47/153.md?p=11) with respect to all defenses other than the defense under [paragraph (4)(B)(i)](#e-4-B-i). A judgment under this paragraph may be enforced in any manner permissible under Federal or [State](/usc/47/153.md?p=47) law.
  - (11) **Appeals—**
    - (A) **In general—** The nonprevailing party before a [United States](/usc/47/153.md?p=58) district court may appeal a decision under this subsection to the [United States](/usc/47/153.md?p=58) Court of Appeals with jurisdiction over that district court. The Court of Appeals shall not issue any stay of the effectiveness of any decision granting relief against a satellite [carrier](/usc/47/153.md?p=11) unless the [carrier](/usc/47/153.md?p=11) presents clear and convincing evidence that it is highly likely to prevail on appeal and only after posting a bond for the full amount of any monetary award assessed against it and for such further amount as the Court of Appeals may believe appropriate.
    - (B) **Appeal—** If the Commission denies relief in response to a complaint filed by a television [broadcast station](/usc/47/153.md?p=6) under this subsection, the television [broadcast station](/usc/47/153.md?p=6) filing the complaint may file an appeal with the [United States](/usc/47/153.md?p=58) Court of Appeals for the District of Columbia Circuit.
  - (12) **Sunset—** No complaint or civil action may be filed under this subsection after December 31, 2001. This subsection shall continue to apply to any complaint or civil action filed on or before such date.

## Source credit

(June 19, 1934, ch. 652, title III, § 325, 48 Stat. 1091; Pub. L. 102–385, § 6, Oct. 5, 1992, 106 Stat. 1482; Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1009], Nov. 29, 1999, 113 Stat. 1536, 1501A–537; Pub. L. 108–447, div. J, title IX [title II, §§ 201, 207(a)], Dec. 8, 2004, 118 Stat. 3409, 3428; Pub. L. 111–118, div. B, § 1003(b), Dec. 19, 2009, 123 Stat. 3469; Pub. L. 111–144, § 10(b), Mar. 2, 2010, 124 Stat. 47; Pub. L. 111–151, § 2(b), Mar. 26, 2010, 124 Stat. 1027; Pub. L. 111–157, § 9(b), Apr. 15, 2010, 124 Stat. 1119; Pub. L. 111–175, title II, § 202, May 27, 2010, 124 Stat. 1245; Pub. L. 113–200, title I, §§ 101, 103(a), (b), (d), Dec. 4, 2014, 128 Stat. 2060, 2062; Pub. L. 116–94, div. P, title X, §§ 1002–1003(c), Dec. 20, 2019, 133 Stat. 3198, 3199.)

## Notes

### Editorial Notes

### Amendments

2019—Subsec. (b)(2). Pub. L. 116–94, § 1003(c)(1), struck out “, and the term ‘local market’ has the meaning given that term in section 122(j) of such title” before period at end of concluding provisions.

Pub. L. 116–94, § 1002(b), struck out “the term ‘unserved household’ has the meaning given that term under section 119(d) of such title” after “October 5, 1992” in concluding provisions.

Subsec. (b)(2)(C). Pub. L. 116–94, § 1002(a)(1), struck out “until December 31, 2019,” before “to retransmission” and substituted “antenna under the statutory license of section 119 of title 17;” for “antenna, if the subscriber receiving the signal—

“(i) is located in an area outside the local market of such stations; and

“(ii) resides in an unserved household;”.

Subsec. (b)(3)(C)(ii), (iii). Pub. L. 116–94, § 1002(a)(2), struck out “until January 1, 2020,” before “prohibit”.

Subsec. (b)(3)(C)(iv), (v). Pub. L. 116–94, § 1003(c)(2), struck out “(as defined in section 122(j) of title 17)” after “local market”.

Subsec. (b)(3)(C)(vi). Pub. L. 116–94, § 1003(a), added cl. (vi).

Subsec. (b)(7)(C) to (F). Pub. L. 116–94, § 1003(b), added subpars. (C) to (F).

2014—Subsec. (b)(2)(C). Pub. L. 113–200, § 101(1), substituted “December 31, 2019” for “December 31, 2014” in introductory provisions.

Subsec. (b)(3)(C)(ii). Pub. L. 113–200, § 101(2), substituted “January 1, 2020” for “January 1, 2015”.

Subsec. (b)(3)(C)(iii). Pub. L. 113–200, §§ 101(2), 103(d)(1), substituted “January 1, 2020” for “January 1, 2015” and realigned margins.

Subsec. (b)(3)(C)(iv). Pub. L. 113–200, § 103(a), added cl. (iv).

Subsec. (b)(3)(C)(v). Pub. L. 113–200, § 103(b), added cl. (v).

Subsec. (b)(7). Pub. L. 113–200, § 103(d)(2), realigned margins.

2010—Subsec. (b)(2)(C). Pub. L. 111–175, § 202(1), substituted “December 31, 2014” for “May 31, 2010” in introductory provisions.

Pub. L. 111–157, § 9(b)(1), substituted “May 31, 2010” for “April 30, 2010” in introductory provisions.

Pub. L. 111–151, § 2(b)(1), substituted “April 30, 2010” for “March 28, 2010” in introductory provisions.

Pub. L. 111–144, § 10(b)(1), substituted “March 28, 2010” for “February 28, 2010” in introductory provisions.

Subsec. (b)(3)(C)(ii), (iii). Pub. L. 111–175, § 202(2), substituted “January 1, 2015” for “June 1, 2010”.

Pub. L. 111–157, § 9(b)(2), substituted “June 1, 2010” for “May 1, 2010”.

Pub. L. 111–151, § 2(b)(2), substituted “May 1, 2010” for “March 29, 2010”.

Pub. L. 111–144, § 10(b)(2), substituted “March 29, 2010” for “March 1, 2010”.

2009—Subsec. (b)(2)(C). Pub. L. 111–118, § 1003(b)(1), substituted “February 28, 2010” for “December 31, 2009” in introductory provisions.

Subsec. (b)(3)(C)(ii), (iii). Pub. L. 111–118, § 1003(b)(2), substituted “March 1, 2010” for “January 1, 2010”.

2004—Subsec. (b)(2)(C). Pub. L. 108–447, § 201, substituted “December 31, 2009” for “December 31, 2004”.

Subsec. (b)(3)(C). Pub. L. 108–447, § 207(a)(1), (2), in introductory provisions, substituted “The” for “Within 45 days after November 29, 1999, the” and struck out second sentence which read “The Commission shall complete all actions necessary to prescribe such regulations within 1 year after November 29, 1999.”

Subsec. (b)(3)(C)(ii). Pub. L. 108–447, § 207(a)(4)(A), substituted “January 1, 2010” for “January 1, 2006”.

Subsec. (b)(3)(C)(iii). Pub. L. 108–447, § 207(a)(3), (4)(B), (5), added cl. (iii).

1999—Subsec. (b)(1), (2). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(1)], amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:

“(1) Following the date that is one year after October 5, 1992, no cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except—

“(A) with the express authority of the originating station; or

“(B) pursuant to section 534 of this title, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section.

“(2) The provisions of this subsection shall not apply to—

“(A) retransmission of the signal of a noncommercial broadcasting station;

“(B) retransmission directly to a home satellite antenna of the signal of a broadcasting station that is not owned or operated by, or affiliated with, a broadcasting network, if such signal was retransmitted by a satellite carrier on May 1, 1991;

“(C) retransmission of the signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna, if the household receiving the signal is an unserved household; or

“(D) retransmission by a cable operator or other multichannel video programming distributor of the signal of a superstation if such signal was obtained from a satellite carrier and the originating station was a superstation on May 1, 1991.

For purposes of this paragraph, the terms ‘satellite carrier’, ‘superstation’, and ‘unserved household’ have the meanings given those terms, respectively, in section 119(d) of title 17 as in effect on October 5, 1992.”

Subsec. (b)(3)(C). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(2)], added subpar. (C).

Subsec. (b)(4). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(3)], inserted at end “If an originating television station elects under paragraph (3)(C) to exercise its right to grant retransmission consent under this subsection with respect to a satellite carrier, section 338 of this title shall not apply to the carriage of the signal of such station by such satellite carrier.”

Subsec. (b)(5). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(4)], substituted “338, 534, or 535 of this title” for “534 or 535 of this title”.

Subsec. (b)(7). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(a)(5)], added par. (7).

Subsec. (e). Pub. L. 106–113, § 1000(a)(9) [title I, § 1009(b)], added subsec. (e).

1992—Subsecs. (b) to (d). Pub. L. 102–385 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2019 Amendment

Pub. L. 116–94, div. P, title X, § 1003(d), Dec. 20, 2019, 133 Stat. 3200, provided that: “The amendments made by this section [amending this section], and the regulations promulgated by the Federal Communications Commission under such amendments, shall not take effect before January 1 of the calendar year after the calendar year in which this Act [probably means “this title”, which is title X of div. P of Pub. L. 116–94, approved Dec. 20, 2019] is enacted.”

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights.

### Effective Date of 1992 Amendment

Pub. L. 102–385, § 28, Oct. 5, 1992, 106 Stat. 1503, provided that: “Except where otherwise expressly provided, the provisions of this Act [enacting sections 334, 335, 534 to 537, 544a, 548, and 555a of this title, amending this section and sections 332, 522, 532, 533, 541 to 544, 546, 551 to 555, and 558 of this title, and enacting provisions set out as notes under sections 521, 531, 543, and 554 of this title] and the amendments made thereby shall take effect 60 days after the date of enactment of this Act [Oct. 5, 1992].”

### Regulations

Pub. L. 113–200, title I, § 103(e), Dec. 4, 2014, 128 Stat. 2062, provided that: “Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall promulgate regulations to implement the amendments made by this section [amending this section].”

Pub. L. 108–447, div. J, title IX [title II, § 207(b)], Dec. 8, 2004, 118 Stat. 3428, provided that: “The Federal Communications Commission shall prescribe regulations to implement the amendment made by subsection (a)(5) [amending this section] within 180 days after the date of enactment of this Act [Dec. 8, 2004].”

### Savings Clause Regarding Definitions

Pub. L. 111–175, title II, § 208, May 27, 2010, 124 Stat. 1254, provided that: “Nothing in this title [enacting section 342 of this title, amending this section and sections 335 and 338 to 340 of this title, and enacting provisions set out as notes under sections 338 and 340 of this title] or the amendments made by this title shall be construed to affect— the meaning of the terms ‘program related’ and ‘primary video’ under the Communications Act of 1934 [47 U.S.C. 151 et seq.]; or the meaning of the term ‘multicast’ in any regulations issued by the Federal Communications Commission.”

### Severability

Pub. L. 106–113, div. B, § 1000(a)(9) [title I, § 1010], Nov. 29, 1999, 113 Stat. 1536, 1501A–543, provided that: “If any provision of section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)), or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that section, and the application of that provision to other persons and circumstances, shall not be affected.”

### Good Faith

Pub. L. 113–200, title I, § 103(c), Dec. 4, 2014, 128 Stat. 2062, provided that: “Not later than 9 months after the date of the enactment of this Act [Dec. 4, 2014], the [Federal Communications] Commission shall commence a rulemaking to review its totality of the circumstances test for good faith negotiations under clauses (ii) and (iii) of section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)).”

### Digital Transition Savings Provision

Pub. L. 108–447, div. J, title IX [title II, § 212], Dec. 8, 2004, 118 Stat. 3431, provided that: “Nothing in the dates by which requirements or other provisions are effective under this Act [probably means title IX of div. J of Pub. L. 108–447, see Short Title of 2004 Amendment note set out under section 101 of Title 17, Copyrights] or the amendments made by this Act shall be construed— to impair the authority of the Federal Communications Commission to take any action with respect to the transition by television broadcasters to the digital television service; or to require the Commission to take any such action.”