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

(B) where the cable system has not recorded the notice
specified by subsection (d) and deposited the statement of account
and royalty fee required by subsection (d).

(3) Notwithstanding the provisions of clause (1) of this subsection
and subject to the provisions of subsection (e) of this section, the
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 sections 509 and 510, if the content of the
particular program in which the performance or display is
embodied, or any commercial advertising or station announcements
transmitted by the primary transmitter during, or immediately
before or after, the transmission of such program, is in any way
willfully altered by the cable system through changes, deletions, or