(F) the nonsimultaneous transmission is one that the cable
system would be authorized to transmit under the rules,
regulations, and authorizations of the Federal Communications
Commission in effect at the time of the nonsimultaneous
transmission if the transmission had been made simultaneously,
except that this subclause shall not apply to inadvertent or
accidental transmissions.

(2) If a cable system transfers to any person a videotape of a
program nonsimultaneously transmitted by it, such transfer 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,
except that, pursuant to a written, nonprofit contract providing for
the equitable sharing of the costs of such videotape and its transfer,
a videotape nonsimultaneously transmitted by it, in accordance
with clause (1), may be transferred by one cable system in Alaska to
another system in Alaska, by one cable system in Hawaii permitted
to make such nonsimultaneous transmissions to another such cable
system in Hawaii, or by one cable system in Guam, the Northern
Mariana Islands, or the Trust Territory of the Pacific Islands, to
another cable system in any of those three territories, if-

(A) each such contract is available for public inspection in the
offices of the cable systems involved, and a copy of such contract
is filed, within thirty days after such contract is entered into,
with the Copyright Office (which Office shall make each such
contract available for public inspection); and

(B) the cable system to which the videotape is transferred