ondary transmissions by a cable
system, any such transmissions are actionable as an act of infringement
under section 501, and are fully subject to the remedies provided by
sections 502 through 506 and sections 509 and 510, unless--

(A) the program on the videotape is transmitted no more than one time
to the cable system's subscribers; and

(B) the copyrighted program, episode, or motion picture videotape,
including the commercials contained within such program, episode, or
picture, is transmitted without deletion or editing; and

(C) an owner or officer of the cable system

(i) prevents the duplication of the videotape while in the possession
of the system, (ii) prevents unauthorized duplication while in the
possession of the facility making the videotape for the system if the
system owns or controls the facility, or takes reasonable precautions
to prevent such duplication if it does not own or control the facility,

(iii) takes adequate precautions to prevent duplication while the tape
is being transported, and

(iv) subject to clause (2), erases or destroys, or causes the erasure
or destruction of, the videotape; and

(D) within forty-five days after the end of each calendar quarter, an
owner or officer of the cable system executes an affidavit attesting
(i) to the steps and precautions taken to prevent duplication of the
videotape, and (ii) subject to clause (2), to the erasure or
destruction of all videotapes made or used during such quarter; and

(E) such owner or officer places or causes each such affidavit, and
affidavits received pursuant to clause (2) (C), to be placed in a file,
open to public inspection, at such system's main office in the
community where the transmission is made or in the nearest community
where such system maintains an office; and

(F) the nonsimultaneous transmission is one that the cable system would
be authorized to transmit under the rules, regulations, and
authorizations of the Federal Communications Commission in effect at
the time of the nonsimultaneous transmission if the transmission had
been made simultaneously, except that this subclause shall not apply to
inadvertent or accidental transmissions.

(2) If a cable system transfers to any person a videotape of a program
nonsimultaneously transmitted by it, such transfer 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, except tha