HR 3675 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3675CommentsClose CommentsPermalink

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and the regulations of the Federal Communications Commission that intervened in the television marketplace, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

December 15, 2011CommentsClose CommentsPermalink

Mr. SCALISE introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and the regulations of the Federal Communications Commission that intervened in the television marketplace, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Next Generation Television Marketplace Act’.CommentsClose CommentsPermalink

SEC. 2. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE UNDER THE COMMUNICATIONS ACT OF 1934.

(a) In General- The following sections of the Communications Act of 1934 (47 U.S.C. 151 et seq.) are hereby repealed:CommentsClose CommentsPermalink





(1) Section 339 (47 U.S.C. 339).CommentsClose CommentsPermalink





(2) Section 340 (47 U.S.C. 340).CommentsClose CommentsPermalink





(3) Section 341 (47 U.S.C. 341).CommentsClose CommentsPermalink





(4) Section 342 (47 U.S.C. 342).CommentsClose CommentsPermalink





(5) Section 612 (47 U.S.C. 532).CommentsClose CommentsPermalink





(6) Section 614 (47 U.S.C. 534).CommentsClose CommentsPermalink





(7) Section 712 (47 U.S.C. 612).CommentsClose CommentsPermalink





(b) Additional Repeal- Section 325 of the Communications Act of 1934 (47 U.S.C. 325) is amended--CommentsClose CommentsPermalink





(1) by striking subsections (b) and (e); andCommentsClose CommentsPermalink





(2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.CommentsClose CommentsPermalink





(c) Amendments-CommentsClose CommentsPermalink





(1) SECTION 338- Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.

‘(a) Carriage Obligations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each satellite carrier providing signals of a qualified noncommercial educational television station in that station’s local market shall carry upon request the signals of all qualified noncommercial educational television stations located within that local market.CommentsClose CommentsPermalink





‘(2) LOW POWER STATION CARRIAGE OPTIONAL- No low power television station shall be entitled to insist on carriage under this section, nor shall any such carriage be considered in connection with the requirements of subsection (c).CommentsClose CommentsPermalink





‘(3) NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION SIGNALS OF NONCOMMERCIAL EDUCATIONAL TELEVISION STATIONS-CommentsClose CommentsPermalink





‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SIGNALS- If, before the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier is providing, under section 122 of title 17, United States Code, any secondary transmissions in high definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the signals in high-definition format of qualified noncommercial educational television stations located within that local market in accordance with the following schedule:CommentsClose CommentsPermalink





‘(i) By December 31, 2010, in at least 50 percent of the markets in which such satellite carrier provides such secondary transmissions in high definition format.CommentsClose CommentsPermalink





‘(ii) By December 31, 2011, in every market in which such satellite carrier provides such secondary transmissions in high definition format.CommentsClose CommentsPermalink





‘(B) NEW INITIATION OF SERVICE- If, on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010 through the day before the date of enactment of the Next Generation Television Marketplace Act, an eligible satellite carrier initiates the provision, under section 122 of title 17, United States Code, of any secondary transmissions in high definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the signals in high-definition format of all qualified noncommercial educational television stations located within that local market.CommentsClose CommentsPermalink





‘(b) Good Signal Required- A qualified noncommercial educational television station asserting its right to carriage under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market.CommentsClose CommentsPermalink





‘(c) Duplication Not Required- The Commission shall prescribe regulations limiting the carriage requirements under subsection (a) of satellite carriers with respect to the carriage of multiple qualified noncommercial educational television stations. To the extent possible, such regulations shall provide the same degree of carriage by satellite carriers of such multiple stations as is provided by cable systems under section 615.CommentsClose CommentsPermalink





‘(d) Channel Positioning- No satellite carrier shall be required to provide the signal of a qualified noncommercial educational television station to subscribers in that station’s local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the qualified noncommercial educational television station to subscribers in the stations’ local market on channels reasonably contiguous with other television broadcast channels and provide access to such station’s signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu.CommentsClose CommentsPermalink





‘(e) Compensation for Carriage- A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of qualified noncommercial educational television stations in fulfillment of the requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the local receive facility of the satellite carrier.CommentsClose CommentsPermalink





‘(f) Remedies-CommentsClose CommentsPermalink





‘(1) COMPLAINTS BY BROADCAST STATIONS- Whenever a qualified noncommercial educational television station believes that a satellite carrier has failed to meet its obligations under subsections (b) through (e), such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. A qualified noncommercial educational television station that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by filing a complaint with the Commission. Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations.CommentsClose CommentsPermalink





‘(2) OPPORTUNITY TO RESPOND- The Commission shall afford the satellite carrier against which a complaint is filed under paragraph (1) an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section.CommentsClose CommentsPermalink





‘(3) REMEDIAL ACTIONS; DISMISSAL- Within 120 days after the date a complaint is filed under paragraph (1), the Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through (e). If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the complaint.CommentsClose CommentsPermalink





‘(g) Privacy Rights of Satellite Subscribers-CommentsClose CommentsPermalink





‘(1) NOTICE- At the time of entering into an agreement to provide any satellite service or other service to a subscriber and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber that clearly and conspicuously informs the subscriber of--CommentsClose CommentsPermalink





‘(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;CommentsClose CommentsPermalink





‘(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;CommentsClose CommentsPermalink





‘(C) the period during which such information will be maintained by the satellite carrier;CommentsClose CommentsPermalink





‘(D) the times and place at which the subscriber may have access to such information in accordance with paragraph (5); andCommentsClose CommentsPermalink





‘(E) the limitations provided by this subsection with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations.CommentsClose CommentsPermalink





In the case of subscribers who have entered into such an agreement before February 6, 2005, such notice shall be provided within 180 days of such date and at least once a year thereafter.CommentsClose CommentsPermalink





‘(2) DEFINITIONS- For purposes of this subsection, other than paragraph (9)--CommentsClose CommentsPermalink





‘(A) the term ‘personally identifiable information’ does not include any record of aggregate data which does not identify particular persons;CommentsClose CommentsPermalink





‘(B) the term ‘other service’ includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; andCommentsClose CommentsPermalink





‘(C) the term ‘satellite carrier’ includes, in addition to persons within the definition of satellite carrier, any person who--CommentsClose CommentsPermalink





‘(i) is owned or controlled by, or under common ownership or control with, a satellite carrier; andCommentsClose CommentsPermalink





‘(ii) provides any wire or radio communications service.CommentsClose CommentsPermalink





‘(3) PROHIBITIONS-CommentsClose CommentsPermalink





‘(A) CONSENT TO COLLECTION- Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.CommentsClose CommentsPermalink





‘(B) EXCEPTIONS- A satellite carrier may use such facilities to collect such information in order to--CommentsClose CommentsPermalink





‘(i) obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; orCommentsClose CommentsPermalink





‘(ii) detect unauthorized reception of satellite communications.CommentsClose CommentsPermalink





‘(4) DISCLOSURE-CommentsClose CommentsPermalink





‘(A) CONSENT TO DISCLOSURE- Except as provided in subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier.CommentsClose CommentsPermalink





‘(B) EXCEPTIONS- A satellite carrier may disclose such information if the disclosure is--CommentsClose CommentsPermalink





‘(i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber;CommentsClose CommentsPermalink





‘(ii) subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed;CommentsClose CommentsPermalink





‘(iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if--CommentsClose CommentsPermalink





‘(I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; andCommentsClose CommentsPermalink





‘(II) the disclosure does not reveal, directly or indirectly, the--CommentsClose CommentsPermalink

‘(aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; orCommentsClose CommentsPermalink

‘(bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; orCommentsClose CommentsPermalink

‘(iv) to a government entity as authorized under chapter 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier.CommentsClose CommentsPermalink





‘(5) ACCESS BY SUBSCRIBER- A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information.CommentsClose CommentsPermalink





‘(6) DESTRUCTION OF INFORMATION- A satellite carrier shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order.CommentsClose CommentsPermalink





‘(7) PENALTIES- Any person aggrieved by any act of a satellite carrier in violation of this subsection may bring a civil action in a United States district court. The court may award--CommentsClose CommentsPermalink





‘(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;CommentsClose CommentsPermalink





‘(B) punitive damages; andCommentsClose CommentsPermalink





‘(C) reasonable attorneys’ fees and other litigation costs reasonably incurred.CommentsClose CommentsPermalink





The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber.CommentsClose CommentsPermalink





‘(8) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to prohibit any State from enacting or enforcing laws consistent with this subsection for the protection of subscriber privacy.CommentsClose CommentsPermalink





‘(9) COURT ORDERS- Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order--CommentsClose CommentsPermalink





‘(A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; andCommentsClose CommentsPermalink





‘(B) the subject of the information is afforded the opportunity to appear and contest such entity’s claim.CommentsClose CommentsPermalink





‘(h) Regulations by Commission- The regulations prescribed under this section shall include requirements on satellite carriers that are comparable to the requirements on cable operators under section 615(g)(1) and (2).CommentsClose CommentsPermalink





‘(i) Definitions- As used in this section:CommentsClose CommentsPermalink





‘(1) DISTRIBUTOR- The term ‘distributor’ means an entity that contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities.CommentsClose CommentsPermalink





‘(2) LOCAL RECEIVE FACILITY- The term ‘local receive facility’ means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission.CommentsClose CommentsPermalink





‘(3) LOCAL MARKET-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘local market’, in the case of a qualified noncommercial educational television station, means the designated market area in which a station is located and includes any station that is licensed to a community within the same designated market area as such station.CommentsClose CommentsPermalink





‘(B) COUNTY OF LICENSE- In addition to the area described in subparagraph (A), a station’s local market includes the county in which the station’s community of license is located.CommentsClose CommentsPermalink





‘(C) DESIGNATED MARKET AREA- For purposes of subparagraph (A), the term ‘designated market area’ means a designated market area, as determined by Nielsen Media Research and published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication.CommentsClose CommentsPermalink





‘(D) CERTAIN AREAS OUTSIDE OF ANY DESIGNATED MARKET AREA- Any census area, borough, or other area in the State of Alaska that is outside of a designated market area, as determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the State of Alaska. A satellite carrier may determine which local market in the State of Alaska will be deemed to be the relevant local market in connection with each subscriber in such census area, borough, or other area.CommentsClose CommentsPermalink





‘(4) LOW POWER TELEVISION STATION- The term ‘low power television station’ means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term ‘low power television station’ includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(5) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION- The term ‘qualified noncommercial educational television station’ has the meaning given such term in section 615.CommentsClose CommentsPermalink





‘(6) SATELLITE CARRIER- The term ‘satellite carrier’ means an entity that uses the facilities of a satellite or satellite service licensed by the Commission and operates in the Fixed-Satellite Service under part 25 of title 47, Code of Federal Regulations, or the Direct Broadcast Satellite Service under part 100 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under this Act, other than for private home viewing pursuant to this section.CommentsClose CommentsPermalink





‘(7) SUBSCRIBER- The term ‘subscriber’ means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor.CommentsClose CommentsPermalink





‘(8) TELEVISION BROADCAST STATION- The term ‘television broadcast station’ means an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations, except that such term does not include a low-power or translator television station.’.CommentsClose CommentsPermalink





(2) SECTION 623- Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 623. REGULATION OF RATES AND BROADCAST SIGNAL CARRIAGE.

‘No Federal agency, State, or franchising authority may regulate--CommentsClose CommentsPermalink





‘(1) the rates for the provision of the service of a multichannel video programming distributor; orCommentsClose CommentsPermalink





‘(2) the retransmission of television broadcast signals by a multichannel video programming distributor except in accordance with the requirements of sections 338 and 615 related to qualified noncommercial educational television stations.’.CommentsClose CommentsPermalink





(d) Conforming Amendments-CommentsClose CommentsPermalink





(1) SECTION 336- Section 336(b)(3) of the Communications Act of 1934 (47 U.S.C. 336(b)(3)) is amended by striking ‘614 or’.CommentsClose CommentsPermalink





(2) SECTION 613- Section 613 of the Communications Act of 1934 (47 U.S.C. 533) is amended by striking subsection (a).CommentsClose CommentsPermalink





(3) SECTION 615- Section 615 of the Communications Act of 1934 (47 U.S.C. 535) is amended--CommentsClose CommentsPermalink





(A) in subsection (a) by striking ‘In addition to the carriage requirements set forth in section 614, each’ and inserting ‘Each’;CommentsClose CommentsPermalink





(B) by striking subsection (f); andCommentsClose CommentsPermalink





(C) in subsection (l), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) QUALIFIED NONCOMMERCIAL EDUCATIONAL TELEVISION STATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term qualified noncommercial educational television station means any full-power television broadcast station which--CommentsClose CommentsPermalink





‘(i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; orCommentsClose CommentsPermalink





‘(ii) is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- Such term includes--CommentsClose CommentsPermalink





‘(i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area;CommentsClose CommentsPermalink





‘(ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; andCommentsClose CommentsPermalink





‘(iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations.’.CommentsClose CommentsPermalink





(4) SECTION 621- Section 621(b)(3)(D) of the Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended by striking ‘sections 611 and 612’ and inserting ‘section 611’.CommentsClose CommentsPermalink





(5) SECTION 622- Section 622(c) of the Communications Act of 1934 (47 U.S.C. 542(c)) is amended by striking ‘pursuant to section 623’.CommentsClose CommentsPermalink





(6) SECTION 625- Section 625(d) of the Communications Act of 1934 (47 U.S.C. 545(d)) is amended by striking ‘ under section 623’.CommentsClose CommentsPermalink





(7) SECTION 632- Section 632(c) of the Communications Act of 1934 (47 U.S.C. 552(c)) is amended by striking ‘section 623(b)(6) or’.CommentsClose CommentsPermalink





(8) SECTION 635- Section 635(c) of the Communications Act of 1934 (47 U.S.C. 555(c)) is amended by striking ‘614 or’ each place it appears.CommentsClose CommentsPermalink





(9) SECTION 638- Section 638 of the Communications Act of 1934 (47 U.S.C. 558) is amended by striking ‘or on any other channel obtained under section 612 or under similar arrangements’.CommentsClose CommentsPermalink





(10) SECTION 653- Section 653 of the Communications Act of 1934 (47 U.S.C. 573(c)(1)) is amended--CommentsClose CommentsPermalink





(A) in subsection (b)(1)(D) by striking ‘(47 C.F.R. 76.67), network nonduplication (47 C.F.R. 76.92 et seq.), and syndicated exclusivity (47 C.F.R. 76.151 et seq.)’; andCommentsClose CommentsPermalink





(B) in subsection (c)(1)--CommentsClose CommentsPermalink





(i) in subparagraph (A) by striking ‘623(f),’;CommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘, 614,’; andCommentsClose CommentsPermalink





(II) by striking ‘, and section 325 of title III,’; andCommentsClose CommentsPermalink





(iii) in subparagraph (C)--CommentsClose CommentsPermalink





(I) by striking ‘sections 612 and 617’ and inserting ‘section 617’; andCommentsClose CommentsPermalink





(II) by striking ‘623(f),’.CommentsClose CommentsPermalink

SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE UNDER THE COPYRIGHT ACT.

(a) In General- The following sections of chapter 1 of title 17, United States Code, are hereby repealed:CommentsClose CommentsPermalink





(1) Section 119.CommentsClose CommentsPermalink





(2) Section 122.CommentsClose CommentsPermalink





(b) Amendment- Section 111 of title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘local service area of such station’ and inserting ‘designated market area (as defined in section 501(f)(2))’; andCommentsClose CommentsPermalink





(ii) by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (2) by striking ‘or’ after the semicolon; andCommentsClose CommentsPermalink





(C) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink





‘(4) the secondary transmission--CommentsClose CommentsPermalink





‘(A) is made by--CommentsClose CommentsPermalink





‘(i) a cable system in accordance with section 615 of the Communications Act of 1934; orCommentsClose CommentsPermalink





‘(ii) a satellite carrier in accordance with section 338 of the Communications Act of 1934; andCommentsClose CommentsPermalink





‘(B) is consistent with the rules, regulations, and authorizations of the Federal Communications Commission; or’;CommentsClose CommentsPermalink





(2) in subsection (b) by striking ‘subsections (a) and (c)’ and inserting ‘subsection (a)’;CommentsClose CommentsPermalink





(3) by striking subsections (c), (d), and (e);CommentsClose CommentsPermalink





(4) by redesignating subsection (f) as subsection (c); andCommentsClose CommentsPermalink





(5) in subsection (c), as so redesignated--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking the second sentence;CommentsClose CommentsPermalink





(B) by striking paragraphs (4) through (13); andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) SATELLITE CARRIER- The term ‘satellite carrier’ means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service under part 25 of title 47, Code of Federal Regulations, or the Direct Broadcast Satellite Service under part 100 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934, other than for private home viewing pursuant to this section.’.CommentsClose CommentsPermalink





(c) Conforming Amendments- Title 17, United States Code, is amended--CommentsClose CommentsPermalink





(1) in chapter 1, by amending the table of contents of such chapter--CommentsClose CommentsPermalink





(A) by striking the item relating to section 119; andCommentsClose CommentsPermalink





(B) by striking the item relating to section 122;CommentsClose CommentsPermalink





(2) in section 106, by striking ‘122’ and inserting ‘121’;CommentsClose CommentsPermalink





(3) in section 110(8), by striking ‘section 111(f)’ and inserting ‘section 111(c)’;CommentsClose CommentsPermalink





(4) in section 114(d)(1)(B)(iii), by striking ‘section 111(f)’ and inserting ‘section 111(c)’;CommentsClose CommentsPermalink





(5) in chapter 5, by amending the table of contents of such chapter by striking the item relating to section 510;CommentsClose CommentsPermalink





(6) in section 501--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘122’ and inserting ‘121’;CommentsClose CommentsPermalink





(B) by striking subsections (c), (d), and (e); andCommentsClose CommentsPermalink





(C) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink





‘(f)(1) With respect to any secondary transmission that is made by a cable system or by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b), be treated as a legal or beneficial owner if such secondary transmission occurs within the designated market area of that station.CommentsClose CommentsPermalink





‘(2) For purposes of this subsection, the term ‘designated market area’ means a designated market area, as determined by Nielsen Media Research and published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication.’;CommentsClose CommentsPermalink





(7) by striking section 510;CommentsClose CommentsPermalink





(8) in section 511(a), by striking ‘122’ and inserting ‘121’;CommentsClose CommentsPermalink





(9) in section 708(a)--CommentsClose CommentsPermalink





(A) by striking paragraphs (10) and (11); andCommentsClose CommentsPermalink





(B) by striking ‘Fees established under paragraphs (10) and (11) shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the collection and administration of the statements of account and any royalty fees deposited with such statements.’;CommentsClose CommentsPermalink





(10) in section 801--CommentsClose CommentsPermalink





(A) in subsection (b)--CommentsClose CommentsPermalink





(i) in paragraph (1) by striking ‘119,’;CommentsClose CommentsPermalink





(ii) by striking paragraph (2);CommentsClose CommentsPermalink





(iii) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (5), (6), and (7), respectively; andCommentsClose CommentsPermalink





(iv) in paragraph (2), as so redesignated--CommentsClose CommentsPermalink





(I) in subparagraph (B), by striking ‘, as the case may be’; andCommentsClose CommentsPermalink





(II) in subparagraph (C), by striking ‘section 804(b)(8)’ and inserting ‘section 804(b)(7)’;CommentsClose CommentsPermalink





(B) by striking ‘sections 111, 119, and’ each place such term appears and inserting ‘section’; andCommentsClose CommentsPermalink





(C) by striking ‘111, 119, or’ each place such term appears;CommentsClose CommentsPermalink





(11) in section 803--CommentsClose CommentsPermalink





(A) in subsection (b)(1)(A)(i)--CommentsClose CommentsPermalink





(i) by striking ‘111,’;CommentsClose CommentsPermalink





(ii) by striking ‘119,’; andCommentsClose CommentsPermalink





(iii) in subclause (V), by striking ‘, except that the publication of notice requirement shall not apply in the case of proceedings under section 111 that are scheduled to commence in 2005’;CommentsClose CommentsPermalink





(B) in subsection (d)(2)(C)(i)--CommentsClose CommentsPermalink





(i) by striking ‘111,’; andCommentsClose CommentsPermalink





(ii) by striking ‘119,’; andCommentsClose CommentsPermalink





(C) in subsection (e)(2)--CommentsClose CommentsPermalink





(i) by striking ‘111,’; andCommentsClose CommentsPermalink





(ii) by striking ‘119,’; andCommentsClose CommentsPermalink





(12) in section 804--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) by striking ‘paragraphs (1) and (2)’ and inserting ‘paragraph (1)’;CommentsClose CommentsPermalink





(ii) by striking ‘111,’; andCommentsClose CommentsPermalink





(iii) by striking ‘119,’; andCommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking paragraph (1);CommentsClose CommentsPermalink





(ii) by redesignating paragraphs (2), (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively; andCommentsClose CommentsPermalink





(iii) in paragraph (7), as so redesignated--CommentsClose CommentsPermalink





(I) by striking ‘section 801(b)(2)’ and inserting ‘section 801(b)(1)’; andCommentsClose CommentsPermalink





(II) by striking ‘111, 119, or’.CommentsClose CommentsPermalink

SEC. 4. REPEAL OF COMMISSION’S RULES RELATED TO REGULATORY INTERVENTION.

The Federal Communications Commission shall take all actions necessary to--CommentsClose CommentsPermalink





(1) repeal section 73.658 of the Commission’s rules (47 CFR 73.658);CommentsClose CommentsPermalink





(2) repeal subpart D of part 76 of the Commission’s rules;CommentsClose CommentsPermalink





(3) repeal subpart F of part 76 of the Commission’s rules; andCommentsClose CommentsPermalink





(4) modify the broadcast ownership limitations set forth in section 73.3555 of the Commission’s rules (47 CFR 73.3555) by eliminating--CommentsClose CommentsPermalink





(A) the restrictions on the number of broadcast television stations that a person or entity may directly or indirectly own, operate, or control in the same designated market area (as such term is defined under section 501(f)(2) of title 17, United States Code), as described in subsection (b) of such section 73.3555;CommentsClose CommentsPermalink





(B) the radio-television cross-ownership rule, as described in subsection (c) of such section 73.3555; andCommentsClose CommentsPermalink





(C) the limitations on the direct or indirect ownership, operation, or control of a broadcast television station by a person or entity that directly or indirectly owns, operates, or controls a daily newspaper, as that term was defined in note 6 to section 73.3555 of the Commission’s rules (47 CFR 73.3555) in effect on October 1, 2011, as described in subsection (d) of such section 73.3555.CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATE.

Except as provided in section 6, this Act, and the amendments made by this Act, shall take effect on July 1, 2014.CommentsClose CommentsPermalink

SEC. 6. TRANSITIONAL PROVISIONS.

(a) Congressional Finding- The Congress finds and declares the enactment of this Act will change laws that have provided the basis for certain contracts, understandings, and arrangements related to retransmission consent and the distribution of video programming entered into prior to the enactment of this Act and that, accordingly, certain transitional measures are necessary to preserve an orderly marketplace for the provision of video programming to consumers.CommentsClose CommentsPermalink





(b) Retransmission Consent-CommentsClose CommentsPermalink





(1) NO NEW CONTRACTS- No contract, understanding, or arrangement for retransmission consent shall be entered into pursuant to section 325(b) of the Communications Act of 1934 after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) EXTENSION OF PRIOR CONTRACTS- Any contract, understanding, or arrangement for retransmission consent entered into pursuant to such section prior to the date of enactment of this Act that by its terms expires prior to July 1, 2014, shall be deemed extended through July 1, 2014, based on the terms of said agreement in effect on the day before its scheduled expiration date.CommentsClose CommentsPermalink





(3) EXPIRATION OF PRIOR CONTRACTS- No contract, understanding, or arrangement for retransmission consent entered into pursuant to such section prior to the date of enactment of this Act shall be enforceable by any person or entity after July 1, 2014.CommentsClose CommentsPermalink





(4) APPLICABILITY- All references to section 325(b) of the Communications Act of 1934 in this subsection refer to such subsection as in effect on the day before the date of enactment of this Act.CommentsClose CommentsPermalink





(c) Restrictive Agreements-CommentsClose CommentsPermalink





(1) ENFORCEMENT OF PRIOR RESTRICTIVE CONTRACTS- After July 1, 2014, no person or entity may enforce the provisions of any contract, understanding, or arrangement entered into prior to the date of enactment of this Act that prevents a multichannel video programming distributor from obtaining the rights under title 17, United States Code, to engage in the secondary transmission of a performance or display of any or all of the works embodied in a primary transmission made by a broadcast television station licensed by the Federal Communications Commission.CommentsClose CommentsPermalink





(2) TEMPORARY MORATORIUM ON NEW RESTRICTIVE CONTRACTS-CommentsClose CommentsPermalink





(A) IN GENERAL- No person or entity may enter into any contract, understanding, or arrangement after the date of enactment of this Act that prevents a multichannel video programming distributor from obtaining the rights under title 17, United States Code, to engage in the secondary transmission of a performance or display of any or all of the works embodied in a primary transmission made by a broadcast television station licensed by the Federal Communications Commission.CommentsClose CommentsPermalink





(B) APPLICABILITY- The prohibition contained in subparagraph (A) shall not apply after July 1, 2016, unless the Federal Communications Commission finds, in a proceeding conducted during the final year of such prohibition, that such prohibition continues to be necessary to preserve and protect competition and diversity in the distribution of video programming.CommentsClose CommentsPermalink





(d) Continued Collection and Distribution of Previously Due Royalties- Notwithstanding section 5, the collection and distribution of royalties due for secondary transmissions made pursuant to sections 111 and 119 of title 17, United States Code, prior to July 1, 2014, shall continue to be governed by such title and the rules of the Register of Copyrights and Copyright Royalty Judges as in effect prior to the date of enactment of this Act until such time as the Register certifies that all royalties collected pursuant to such provisions have been distributed.CommentsClose CommentsPermalink