econdary Transmission of Primary Transmission to Controlled Group.
Notwithstanding the provisions of subsections (a) and (c), the secondary
transmission to the public of a performance or display of a work
embodied in a primary transmission 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, if the primary
transmission is not made for reception by the public at large but is
controlled and limited to reception by particular members of the public:
*Provided*, however, That such secondary transmission is not actionable
as an act of infringement if-

(1) the primary transmission is made by a broadcast station licensed by
the Federal Communications Commission; and

(2) the carriage of the signals comprising the secondary transmission is
required under the rules, regulations, or authorizations of the Federal
Communications Commission; and

(3) the signal of the primary transmitter is not altered or changed in
any way by the secondary transmitter.

(c) Secondary Transmissions by Cable Systems.-

(1) Subject to the provisions of clauses (2), (3), and (4) of this
subsection and section 114(d), secondary transmissions to the public by
a cable system of a performance or display of a work embodied in a
primary transmission made by a broadcast station licensed by the Federal
Communications Commission or by an appropriate governmental authority of
Canada or Mexico shall be subject to statutory licensing upon compliance
with the requirements of subsection (d) where the carriage of the
signals comprising the secondary transmission is permissible under the
rules, regulations, or authorizations of the Federal Communications
Commission.

(2) Notwithstanding the provisions of clause (1) of this subsection, the
willful or repeated secondary transmission to the public by a cable
system of a primary transmission made by a broadcast station licensed by
the Federal Communications Commission or by an appropriate governmental
authority of Canada or Mexico and embodying a performance or display of
a work 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, in the following cases:

(A) where the carriage of the signals comprising the secondary
transmission is not permissible under the rules, regulations, or
authorizations of the Federal Communications Commission; or