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 in 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 2.43 and is fully subject to
the remedies provided by Section 2.45 if the primary transmission is not made for
reception by the public at large but is controlled and limited to reception by
particular members of the public; provided however, that such secondary
transmission is not actionable as an act of infringement if
(c)
(I)
The primary transmission is made by a broadcast station licensed by the
Ministry of Post and Telecommunications
(2)
The carriage of the signals comprising the secondary transmission is required
under the rules, regulations, or authorizations of the Ministry of Post and
Telecommunications;
SECONDARY TRANSMISSIONS BY CABLE SYSTEMS
(1)
Subject to the provisions of clauses (2), (3) and (4) of this sub-section,
secondary transmissions to the public by a cable system of a primary
transmission made by a broadcast station licensed by the Ministry of Post
and Telecommunications embodying a performance display of a work shall
be subject to compulsory licensing upon compliance with the requirements of
sub-section (d) where the carriage of the signals comprising the secondary
transmission is permissible under the rules, regulations, or authorizations of
the Ministry of Post and Telecommunications.
(2)
Notwithstanding the provisions of clause (I) of this sub-section, 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 Ministry of
Post and Telecommunications and embodying a performance or display of
work is actionable as a act of infringement under section 2.40 and is fully
subject to the remedies provided by section 2.42, 2.48 through 2.52, in the
following cases:
(3)
(A)
Where the carriage of the signals compnsing the secondary
transmission is not permissible under the rules, regulations, or
authorization of the Ministry of Post and Telecommunications, or
(B)
Where the cable system has not recorded the notice specified by sub
section (d) and deposited the statement of account and royalty fee
required by sub-section (d).
Notwithstanding the provisions of clause (I), of this sub-section to the
provisions of sub-section (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 Ministry of Post and Telecommunications and
embodying a performance or display of a work is actionable as an act of
infringement under Section 2.40, and is fully subject to the remedies
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