y transmission 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 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, in the following cases:

(A) where the carriage of the signals comprising the secondary
transmission is not permissible under the rules, regulations, or
authorizations of the Federal Communications Commission; or

(B) where the cable system has not recorded the notice specified by
subsection (d) and deposited the statement of account and royalty fee
required by subsection (d).

(3) Notwithstanding the provisions of clause (1) of this subsection and
subject to the provisions of subsection (e) of this section, the
secondary transmission 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 is
actionable as an act of infringement under section 501, and is fully
subject to the remedies provided by sections 502 through 506 and
sections 509 and 510, if the content of the particular program in which
the performance or display is embodied, or any commercial advertising
or station announcements transmitted by the primary transmitter during,
or immediately before or after, the transmission of such program, is in
any way willfully altered by the cable system through changes,
deletions, or additions, except for the alteration, deletion, or
substitution of commercial advertising market research: *Provided*,
That the research company has obtained the prior consent of the
advertiser who has purchased the original commercial advertisement, the
television station broadcasting that commercial advertisement, and the
cable system performing the secondary transmissions:

*And provided further*, That such commercial alteration, deletion, or
substitution is not performed for the purpose of deriving income from
the sale of that commercial time.

(4) Notwithstanding the provisions of clause (1) of this subsection,
the secondary transmission to the public by a cable system of a primary
transmission made by a broadcast station licensed by an appropria