NATIONAL BROADCASTING COMPANY, INC., Plaintiff-Appellee, v. SATELLITE BROADCAST NETWORKS, INC., Defendant-Appellant; NBC TELEVISION AFFILIATES, Plaintiff-Appellee, v. SATELLITE BROADCAST NETWORKS, INC., Defendant-Appellant [1991]
940 F.2d 1467 · Court of Appeals for the Eleventh Circuit · United States
Issue
Whether a satellite-based television retransmission service qualifies as a 'cable system' under 17 U.S.C. § 111, thereby entitled to the compulsory license for retransmitting broadcast signals.
Held
The Eleventh Circuit held that Satellite Broadcast Networks, Inc. was a 'cable system' under 17 U.S.C. § 111 and thus could retransmit broadcast signals under the compulsory license, reversing the district court's summary judgment for NBC.
Exam use
Summary
Whether a satellite-based television retransmission service qualifies as a 'cable system' under 17 U.S.C. § 111, thereby entitled to the compulsory license for retransmitting broadcast signals.
Facts
Issue
Whether a satellite-based television retransmission service qualifies as a 'cable system' under 17 U.S.C. § 111, thereby entitled to the compulsory license for retransmitting broadcast signals.
Held
The Eleventh Circuit held that Satellite Broadcast Networks, Inc. was a 'cable system' under 17 U.S.C. § 111 and thus could retransmit broadcast signals under the compulsory license, reversing the district court's summary judgment for NBC.
Ratio Decidendi
Under 17 U.S.C. § 111, a 'cable system' is defined broadly to include any facility that receives and retransmits broadcast signals to subscribers, regardless of the technology used, as long as it meets the statutory requirements. The court looked to the plain language and legislative history to conclude that satellite-based systems are included.
Reasoning
Essay-Ready Explanation Generator
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Reference to NATIONAL BROADCASTING COMPANY, INC., Plaintiff-Appellee, v. SATELLITE BROADCAST NETWORKS, INC., Defendant-Appellant; NBC TELEVISION AFFILIATES, Plaintiff-Appellee, v. SATELLITE BROADCAST NETWORKS, INC., Defendant-Appellant (940 F.2d 1467) strengthens a Broadcast Regulation answer because the case reflects the principle that Under 17 U.S.C. § 111, a 'cable system' is defined broadly to include any facility that receives and retransmits broadcast signals to subscribers, regardless of the technology used, as long as it meets the statutory requirements. The court looked to the plain language and legislative history to conclude that satellite-based systems are included. Applied to a problem question, the case should be used after identifying the issue as Whether a satellite-based television retransmission service qualifies as a 'cable system' under 17 U.S.C. § 111, thereby entitled to the compulsory license for retransmitting broadcast signals. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- Compulsory license for cable retransmission
- Statutory interpretation of 'cable system'
Significance
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