t,
pursuant to a written, nonprofit contract providing for the equitable
sharing of the costs of such videotape and its transfer, a videotape
nonsimultaneously transmitted by it, in accordance with clause (1), may
be transferred by one cable system in Alaska to another system in
Alaska, by one cable system in Hawaii permitted to make such
nonsimultaneous transmissions to another such cable system in Hawaii,
or by one cable system in Guam, the Northern Mariana Islands, or the
Trust Territory of the Pacific Islands, to another cable system in any
of those three territories, if--

(A) each such contract is available for public inspection in the
offices of the cable systems involved, and a copy of such contract is
filed, within thirty days after such contract is entered into, with the
Copyright Office (which Office shall make each such contract available
for public inspection); and

(B) the cable system to which the videotape is transferred complies
with clause (1)(A), (B), (C)(i), (iii), and (iv), and (D) through (F);
and

(C) such system provides a copy of the affidavit required to be made in
accordance with clause (1)(D) to each cable system making a previous
nonsimultaneous transmission of the same videotape.

(3) This subsection shall not be construed to supersede the exclusivity
protection provisions of any existing agreement, or any such agreement
hereafter entered into, between a cable system and a television
broadcast station in the area in which the cable system is located, or
a network with which such station is affiliated.

(4) As used in this subsection, the term "videotape," and each of its
variant forms, means the reproduction of the images and sounds of a
program or programs broadcast station licensed by the Federal
Communications Commission, regardless of the nature of the material
objects, such as tapes or films, in which the reproduction is embodied.

(f) Definitions.--As used in this section, the following terms and
their variant forms mean the following:

A "primary transmission" is a transmission made to the public by the
transmitting facility whose signals are being received and further
transmitted by the secondary transmission service, regardless of where
or when the performance or display was first transmitted.

A "secondary transmission" is the further transmitting of a primary
transmission simultaneously with the primary transmission, or
nonsimultaneously with the primary transmission if