A "secondary transmission" is the further transmitting of a
primary transmission simultaneously with the primary
transmission, or nonsimultaneously with the primary transmission if
by a "cable system" not located in whole or in part within the
boundary of the forty-eight contiguous States, Hawaii, or Puerto
Rico: Provided, however, That a nonsimultaneous further
transmission by a cable system located in Hawaii of a primary
transmission shall be deemed to be a secondary transmission if the
carriage of the television broadcast signal comprising such further
transmission is permissible under the rules, regulations, or
authorizations of the Federal Communications Commission.

A "cable system" is a facility, located in any State, Territory,
Trust Territory, or Possession, that in whole or in part receives
signals transmitted or programs broadcast by one or more television
broadcast stations licensed by the Federal Communications
Commission, and makes secondary transmission of such signals or
programs by wires, cables, or other communications channels to
subscribing members of the public who pay for such service. For
purposes of determining the royalty fee under subsection (d)(2), two
or more cable systems in contiguous communities under common
ownership or control or operating from one headend shall be
considered as one system.

The "local service area of a primary transmitter" in the case of a
television broadcast station, comprises the area in which such
station is entitled to insist upon its signal being retransmitted by a
cable system pursuant to the rules, regulation, and authorizations of
the Federal Communications Commission in effect on April 15, 1976,
or in the case of a television broadcast station licensed by an