is not
possible because the cable system lacks the activated channel capacity
to retransmit on a full-time basis all signals which it is authorized
to carry, the values for independent, network, and noncommercial
educational stations set forth above, as the case may be, shall be
multiplied by a fraction which is equal to the ratio of the broadcast
hours of such station carried by the cable system to the total
broadcast hours of the station.

A "network station" is a television broadcast station that is owned or
operated by, or affiliated with, one or more of the television networks
in the United States providing nationwide transmissions, and that
transmits a substantial part of the programing supplied by such
networks for a substantial part of that station's typical broadcast day.

An "independent station" is a commercial television broadcast station
other than a network station.

A "noncommercial educational system" is a television station that is a
noncommercial educational broadcast station as defined in section 397
of title 47.

Section 112. Limitations on exclusive rights: Ephemeral recordings.

(a) Notwithstanding the provisions of section 106, and except in the
case of a motion picture or other audiovisual work, it is not an
infringement of copyright for a transmitting organization entitled to
transmit to the public a performance or display of a work, under a
license or transfer of the copyright or under the limitations on
exclusive rights in sound recordings specified by section 114(a), to
make no more than one copy or phonorecord of a particular transmission
program embodying the performance or display, if--

(1) the copy or phonorecord is retained and used solely by the
transmitting organization that made it, and no further copies or
phonorecords are reproduced from it; and

(2) the copy or phonorecord is used solely for the transmitting
organization's own transmissions within its local service area, or for
purposes of archival preservation or security; and

(3) unless preserved exclusively for archival purposes, the copy or
phonorecord is destroyed within six months from the date the
transmission program was first transmitted to the public.

(b) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a governmental body or other nonprofit
organization entitled to transmit a performance or display of a work,
under section 110(2) or under the limitations on exclu