Video CHOICE Act of 2013

Summary: Video Consumers Have Options in Choosing Entertainment Act of 2013 or the Video CHOICE Act of 2013 - Amends the Communications Act of 1934 to allow the Federal Communications Commission (FCC), if a negotiation for a replacement or extended retransmission consent agreement between a television broadcast station and a multichannel video programming distributor (MVPD) reaches an impasse resulting in the expiration of the carriage rights of the MVPD, to authorize interim carriage of such station by the MVPD pending the conclusion of a new agreement. Prohibits a station that elects to grant retransmission consent from entering into an agreement with an MVPD that is conditioned on carriage of any other programming affiliated with such station (or with a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station). Directs the FCC to complete a rulemaking proceeding to determine whether, during retransmission consent negotiations or after the parties to such negotiations reach an impasse resulting in the expiration of an existing agreement, the blocking of online content owned by or affiliated with a television broadcast station constitutes a failure to negotiate in good faith under communications laws addressing false, fraudulent, or unauthorized transmissions.   Removes from the minimum contents of a basic service tier a requirement for cable system operators to provide to subscribers any signal of any television broadcast station that is provided by the cable operator to any subscriber, thereby enabling subscribers to obtain basic cable television service without receiving broadcast stations that elect to collect fees through retransmission consent agreements. Requires each cable system operator to offer its subscribers a separately available retransmission consent service tier that consists only of the signal of each television broadcast station electing retransmission consent that is carried on the cable system. Makes such retransmission consent service tier subject to the same rate regulation as the basic service tier.  Prohibits cable operators from requiring a subscription to any tier of service other than the required basic service tier as a condition of access to, or from discriminating between subscribers to the basic service tier and other subscribers with regard to the rates charged for: (1) video programming offered on a per channel or per program basis, or (2) the retransmission consent service established under this Act. (Thus, prohibits services or programming from being limited to certain &quot;bundling&quot; arrangements.) Directs the FCC to submit to Congress an annual report regarding the costs paid by MVPDs for carriage of regional and national television sports networks in the top 20 regional sports markets.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Video Consumers Have Options in 
Choosing Entertainment Act of 2013'' or the ``Video CHOICE Act of 
2013''.

SEC. 2. CARRIAGE DURING RETRANSMISSION CONSENT NEGOTIATION IMPASSE.

    Section 325(b)(3) of the Communications Act of 1934 (47 U.S.C. 
325(b)(3)) is amended by adding at the end the following:
    ``(D) If a negotiation for a replacement or extended retransmission 
consent agreement between a television broadcast station and a 
multichannel video programming distributor reaches an impasse that 
results in the expiration of the carriage rights of the multichannel 
video programming distributor, the Commission may, notwithstanding 
paragraph (1)(A), authorize interim carriage of such station by such 
distributor pending the conclusion of a new agreement.''.

SEC. 3. PROHIBITION OF AGREEMENTS CONDITIONED ON CARRIAGE OF AFFILIATED 
              PROGRAMMING.

    (a) In General.--Section 325(b) of the Communications Act of 1934 
(47 U.S.C. 325(b)) is amended by redesignating paragraph (7) as 
paragraph (8) and inserting after paragraph (6) the following:
    ``(7) A television broadcast station that elects to exercise its 
right to grant retransmission consent under this subsection may not 
enter into a retransmission consent agreement with a multichannel video 
programming distributor that is directly or indirectly conditioned on 
carriage of any other programming affiliated with such station (or with 
a person who owns or controls, is owned or controlled by, or is under 
common ownership or control with such station).''.
    (b) No Effect on Prior Agreements.--The amendment made by 
subsection (a) shall apply with respect to retransmission consent 
agreements entered into after the date of the enactment of this Act.

SEC. 4. RULEMAKING ON BLOCKING OF ONLINE CONTENT DURING NEGOTIATIONS.

    Not later than 6 months after the date of the enactment of this 
Act, the Federal Communications Commission shall complete a rulemaking 
proceeding to determine whether, during retransmission consent 
negotiations or after the parties to such negotiations reach an impasse 
resulting in the expiration of an existing retransmission consent 
agreement, the blocking of online content owned by or affiliated with a 
television broadcast station (or a person who owns or controls, is 
owned or controlled by, or is under common ownership or control with 
such station) constitutes a failure to negotiate in good faith under 
section 325(b)(3)(C)(ii) of the Communications Act of 1934 (47 U.S.C. 
325(b)(3)(C)(ii)).

SEC. 5. CABLE SERVICE TIERS.

    (a) Contents of Basic Service Tier.--Section 623(b)(7)(A) of the 
Communications Act of 1934 (47 U.S.C. 543(b)(7)(A)) is amended by 
striking clause (iii).
    (b) Retransmission Consent Service Tier.--
            (1) In general.--Section 623(b) of the Communications Act 
        of 1934 (47 U.S.C. 543(b)) is amended by adding at the end the 
        following:
            ``(9) Retransmission consent service tier.--
                    ``(A) In general.--Each cable operator of a cable 
                system shall offer its subscribers a separately 
                available retransmission consent service tier that 
                consists only of the signal of each television 
                broadcast station electing retransmission consent under 
                section 325(b) that is carried on the cable system.
                    ``(B) Subject to rate regulation.--The 
                retransmission consent service tier described in 
                subparagraph (A) shall be subject to rate regulation 
                under this Act to the same extent as the basic service 
                tier described in paragraph (7).''.
            (2) Prohibition on certain bundling.--Section 623(b)(8)(A) 
        of the Communications Act of 1934 (47 U.S.C. 543(b)(8)(A)) is 
        amended to read as follows:
                    ``(A) Prohibition.--A cable operator may not 
                require the subscription to any tier other than the 
                basic service tier required by paragraph (7) as a 
                condition of access to, or discriminate between 
                subscribers to the basic service tier and other 
                subscribers with regard to the rates charged for--
                            ``(i) video programming offered on a per 
                        channel or per program basis; or
                            ``(ii) the retransmission consent service 
                        tier described in paragraph (9).''.
            (3) Conforming amendment.--Section 623(a)(2)(A) of the 
        Communications Act of 1934 (47 U.S.C. 543(a)(2)(A)) is amended 
        by striking ``basic cable service'' and inserting ``the basic 
        service tier described in subsection (b)(7)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 6 months after the date of the enactment of 
this Act.

SEC. 6. FCC STUDY OF SPORTS PROGRAMMING COSTS.

    For the first year that begins after the date that is 6 months 
after the date of the enactment of this Act and each year thereafter, 
the Federal Communications Commission shall conduct a study and submit 
to Congress a report on the costs paid by multichannel video 
programming distributors (as defined in section 602 of the 
Communications Act of 1934 (47 U.S.C. 522)) for carriage of regional 
and national television sports networks in the top 20 regional sports 
markets, as determined by the Commission.