This area looks like a mess. What is the intent of that law to begin with? To charge for special right to "perform" the copyrighted work in public. I don't really get why this principle is extended to delivering the "performance" to the single user. Isn't it about "public" i.e. multiple aspect needs to be present?
The intent of the law is to allow over the air broadcasts (seen as a public good) to exist without completely undermining the ability of content creators to get paid.
How does a stereotypical cable company undermine payment for the public performance? They are only assisting in the reception of the performance for people with bad antenna locations. The stereotypical cable company doesn't extend the range, either, it's just a shared antenna.
I meant before the law was passed, when they didn't pay those fees. I cannot figure out how payment is undermined on a free broadcast. Can you explain how to me?