Commission, within the local service area of such station, to the
private lodgings of guests or residents of such establishment, and no
direct charge is made to see or hear the secondary transmission; or

(2) the secondary transmission is made solely for the purpose and
under the conditions specified by clause (2) of section 110; or

(3) the secondary transmission is made by any carrier who has no
direct or indirect control over the content or selection of the primary
transmission or over the particular recipients of the secondary
transmission, and whose activities with respect to the secondary
transmission consist solely of providing wires, cables, or other
communications channels for the use of others: Provided, That the
provisions of this clause extend only to the activities of said carrier
with respect to secondary transmissions and do not exempt from
liability the activities of others with respect to their own primary
or secondary transmissions; or

(4) the secondary transmission is not made by a cable system but
is made by a governmental body, or other nonprofit organization,
without any purpose of direct or indirect commercial advantage, and
without charge to the recipients of the secondary transmission other
than assessments necessary to defray the actual and reasonable costs
of maintaining and operating the secondary transmission service.

(b) Secondary Transmission of Primary Transmission to Controlled
Group. -Notwithstanding the provisions of subsections (a) and (c), the
secondary transmission to the public of a primary transmission
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