by a "cable system"
not located in whole or in part within the boundary of the forty-eight
contiguous States, Hawaii, or Puerto Rico: Provided, however, That a
nonsimultaneous further transmission by a cable system located in
Hawaii of a primary transmission shall be deemed to be a secondary
transmission if the carriage of the television broadcast signal
comprising such further transmission is permissible under the rules,
regulations, or authorizations of the Federal Communications Commission.

A "cable system" is a facility, located in any State, Territory, Trust
Territory, or Possession, that in whole or in part receives signals
transmitted or programs broadcast by one or more television broadcast
stations licensed by the Federal Communications Commission, and makes
secondary transmission of such signals or programs by wires, cables, or
other communications channels to subscribing members of the public who
pay for such service. For purposes of determining the royalty fee
under subsection (d)(2), two or more cable systems in contiguous
communities under common ownership or control or operating from one
headend shall be considered as one system.

The "local service area of a primary transmitter" in the case of a
television broadcast station, comprises the area in which such station
is entitled to insist upon its signal being retransmitted by a cable
system pursuant to the rules, regulation, and authorizations of the
Federal Communications Commission in effect on April 15, 1976, or in
the case of a television broadcast station licensed by an appropriate
governmental authority of Canada or Mexico, the area in which it would
be entitled to insist upon its signal being retransmitted if it were a
television broadcast station subject to such rules, regulations, and
authorizations.

The "local service area of a primary transmitter," in the case of a
radio broadcast station, comprises the primary service area of such
station pursuant to the rules and regulations of the Federal
Communications Commission.

"In the case of a low power television station, as defined by the rules
and regulations of the Federal Communications Commission, the 'local
service area of a primary transmitter' comprises the area within 35
miles of the transmitter site, except that in the case of such a
station located in a standard metropolitan statistical area which has
one of the 50 largest populations of all standard metropolitan
statistical areas