fraction which is equal to the ratio of the broadcast hours of such
station carried by the cable system to the total broadcast hours of
the station.

A "network station" is a television broadcast station that is owned
or operated by, or affiliated with, one or more of the television
networks in the United States providing nationwide transmissions,
and that transmits a substantial part of the programing supplied by
such networks for a substantial part of that station's typical
broadcast day.

An "independent station" is a commercial television broadcast
station other than a network station.

A "noncommercial educational system" is a television station that
is a noncommercial educational broadcast station as defined in
section 397 of title 47.


Section 112. Limitations on exclusive rights: Ephemeral recordings.

(a) Notwithstanding the provisions of section 106, and except in the
case of a motion picture or other audiovisual work, it is not an
infringement of copyright for a transmitting organization entitled to
transmit to the public a performance or display of a work, under a
license or transfer of the copyright or under the limitations on exclusive
rights in sound recordings specified by section 114(a), to make no more
than one copy or phonorecord of a particular transmission program
embodying the performance or display, if-