smitting to the
public a primary transmission embodying a performance or display of a
work made by a television broadcast station to subscribers who do not
reside in that station's local market, and are not subject to statutory
licensing under section 119 or a private licensing agreement, then in
addition to the remedies under paragraph (1)-

(A) if the pattern or practice has been carried out on a substantially
nationwide basis, the court-

(i) shall order a permanent injunction barring the secondary
transmission by the satellite carrier of the primary transmissions of
that television broadcast station (and if such television broadcast
station is a network station, all other television broadcast stations
affiliated with such network); and

(ii) may order statutory damages not exceeding $250,000 for each 6-month
period during which the pattern or practice was carried out; and

(B) if the pattern or practice has been carried out on a local or
regional basis with respect to more than one television broadcast
station, the court-

(i) shall order a permanent injunction barring the secondary
transmission in that locality or region by the satellite carrier of the
primary transmissions of any television broadcast station; and

(ii) may order statutory damages not exceeding $250,000 for each 6-month
period during which the pattern or practice was carried out.

(g) Burden of Proof. In any action brought under subsection (f), the
satellite carrier shall have the burden of proving that its secondary
transmission of a primary transmission by a television broadcast station
is made only to subscribers located within that station's local market
or subscribers being served in compliance with section 119 or a private
licensing agreement.

(h) Geographic Limitations on secondary Transmissions. The statutory
license created by this section shall apply to secondary transmissions
to locations in the United States.

(i) Exclusivity with Respect to Secondary Transmissions of Broadcast
Stations by Satellite to Members of the Public. No provision of section
111 or any other law (other than this section and section 119) shall be
construed to contain any authorization, exemption, or license through
which secondary transmissions by satellite carriers of programming
contained in a primary transmission made by a television broadcast
station may be made without obtaining the consent of the copyright
owner.

(j) Definitions. In this s