II 

112TH CONGRESS 

1ST SESSION S. 2008 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2011 

Mr. DEMINT introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Next Generation Tele5 vision Marketplace Act of 2011’’. 


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1 SEC. 2. REPEAL OF REGULATORY INTERVENTION IN THE 

2 TELEVISION MARKETPLACE UNDER THE 

3 COMMUNICATIONS ACT OF 1934. 

4 (a) IN GENERAL.—The following sections of the 

5 Communications Act of 1934 (47 U.S.C. 151 et seq.) are 

6 repealed: 

7 (1) Section 339 (47 U.S.C. 339). 

8 (2) Section 340 (47 U.S.C. 340). 

9 (3) Section 341 (47 U.S.C. 341). 

10 (4) Section 342 (47 U.S.C. 342). 

11 (5) Section 612 (47 U.S.C. 532). 

12 (6) Section 614 (47 U.S.C. 534). 

13 (7) Section 712 (47 U.S.C. 612). 

14 (b) ADDITIONAL REPEAL.— 

15 (1) IN GENERAL.—Section 325 of the Commu16 nications Act of 1934 is amended— 

17 (A) by striking subsections (b) and (e); 

18 and 

19 (B) by redesignating subsections (c) and 

20 (d) as subsections (b) and (c), respectively. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENT.—Section 309(c)(2)(F) of the Communica23 tions Act of 1934 (47 U.S.C. 309(c)(2)(F)) is 

24 amended by striking ‘‘section 325(c)’’ and inserting 

25 ‘‘section 325(b)’’. 


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1 (c) AMENDMENTS.—Section 338 of the Communica2 tions Act of 1934 (47 U.S.C. 338) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘, under section 122 of 

6 title 17, United States Code, secondary 

7 transmissions’’ and inserting ‘‘signals of a 

8 qualified noncommercial educational tele9 vision station’’; and 

10 (ii) by striking ‘‘a television broadcast 

11 station’’ and all that follows through ‘‘sec12 tion 325(b).’’ and inserting ‘‘such station 

13 shall carry upon request the signals of all 

14 qualified noncommercial educational tele15 vision stations located within that local 

16 market.’’; 

17 (B) by striking paragraphs (2) and (4); 

18 (C) by redesignating paragraphs (3) and 

19 (5) as paragraphs (2) and (3), respectively; 

20 (D) in paragraph (2), as redesignated— 

21 (i) by striking ‘‘whose signals’’ and all 

22 that follows through ‘‘Code,’’; 

23 (ii) by striking ‘‘regardless’’ and all 

24 that follows through ‘‘such title,’’; and 

25 (iii) by striking ‘‘of this section’’; and 


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1 (E) in paragraph (3)(B), as redesignated, 

2 by inserting ‘‘through the date before the date 

3 of enactment of the Next Generation Television 

4 Marketplace Act of 2011,’’ after ‘‘Act of 2010’’ 

5 (2) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘(1) 

7 COSTS.—A television broadcast station’’ and in8 serting ‘‘A qualified noncommercial educational 

9 television station’’; and 

10 (B) by striking paragraph (2); 

11 (3) in subsection (c)— 

12 (A) by striking paragraph (1); and 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘(2) NONCOMMERCIAL

15 STATIONS.—The’’ and inserting ‘‘The’’; 

16 and 

17 (ii) by striking ‘‘local noncommercial 

18 television broadcast stations’’ and inserting 

19 ‘‘qualified noncommercial educational tele20 vision stations’’; 

21 (4) in subsection (d)— 

22 (A) by striking ‘‘local television broadcast 

23 station’’ and inserting ‘‘qualified noncommercial 

24 educational television station’’; 


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1 (B) by striking ‘‘local television broadcast 

2 stations’’ and inserting ‘‘qualified noncommer3 cial educational television station’’; and 

4 (C) by striking ‘‘contiguous channels’’ and 

5 inserting ‘‘channels reasonably contiguous with 

6 other television broadcast channels’’; 

7 (5) in subsection (e), by striking ‘‘local tele8 vision broadcast stations’’ and inserting ‘‘qualified 

9 noncommercial educational television stations’’; 

10 (6) in subsection (f)(1)— 

11 (A) in the first sentence— 

12 (i) by striking ‘‘local television broad13 cast station’’ and inserting ‘‘qualified non14 commercial educational television station’’; 

15 and 

16 (ii) by striking ‘‘of this section’’; and 

17 (B) in the third sentence, by striking 

18 ‘‘local television broadcast station’’ and insert19 ing ‘‘qualified noncommercial educational tele20 vision station’’; 

21 (7) by striking subsections (g) and (h); 

22 (8) by redesignating subsections (i), (j), and (k) 

23 as subsections (g), (h), and (i), respectively; 

24 (9) in subsection (g), as redesignated by para25 graph (8)— 


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1 (A) in paragraph (1)— 

2 (i) by redesignating subparagraphs 

3 (A) through (E) as clauses (i) through (v), 

4 and adjusting the margins accordingly; 

5 (ii) in the matter preceding clause (i), 

6 as redesignated by clause (i)— 

7 (I) by striking ‘‘At the time’’ and 

8 inserting the following: 

9 ‘‘(A) IN GENERAL.—At the time’’; and 

10 (II) by striking ‘‘which clearly’’ 

11 and inserting ‘‘that clearly’’; 

12 (iii) in clause (v), as redesignated by 

13 clause (i), by striking ‘‘this section’’ and 

14 inserting ‘‘this subsection’’; and 

15 (iv) in the flush text following clause 

16 (v), as redesignated by clause (i), by strik17 ing ‘‘In the case’’ and all that follows 

18 through ‘‘this subsection’’ and insert the 

19 following: 

20 ‘‘(B) REQUIREMENT.—In the case of sub21 scribers who have entered into an agreement 

22 described in subparagraph (A) before December 

23 8, 2004’’; 

24 (B) in paragraph (2), by striking subpara25 graphs (A) and (B) and inserting the following: 


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1 ‘‘(A) the term ‘other service’ includes any 

2 wire or radio communications service provided 

3 using any of the facilities of a satellite carrier 

4 that are used in the provision of satellite serv5 ice; 

6 ‘‘(B) the term ‘personally identifiable in7 formation’ does not include any record of aggre8 gate data which does not identify particular 

9 persons; and’’; 

10 (C) in paragraph (7), in the matter pre11 ceding subparagraph (A), by striking ‘‘this sec12 tion’’ and inserting ‘‘this subsection’’; and 

13 (D) in paragraph (8)— 

14 (i) by striking ‘‘title’’ and inserting 

15 ‘‘subsection’’; and 

16 (ii) by striking ‘‘section’’ and inserting 

17 ‘‘subsection’’; 

18 (10) in subsection (h), as redesignated by para19 graph (8)— 

20 (A) by striking ‘‘Within 1 year’’ and all 

21 that follows through ‘‘The regulations’’ and in22 serting ‘‘The regulations’’; and 

23 (B) by striking ‘‘sections 614(b)(3) and 

24 (4) and 615(g)(1) and (2)’’ and inserting 

25 ‘‘paragraphs (1) and (2) of section 615(f)’’; and 


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1 (11) in subsection (i), as redesignated by para2 graph (8)— 

3 (A) in paragraph (1), by striking ‘‘which 

4 contracts’’ and inserting ‘‘that contracts’’; 

5 (B) by striking paragraphs (2), (4), and 

6 (8); 

7 (C) by redesignating paragraph (3) as 

8 paragraph (2); 

9 (D) by redesignating paragraphs (5), (6), 

10 (7), (9), and (10) as paragraphs (4), (5), (6), 

11 (7), and (8), respectively; 

12 (E) by inserting after paragraph (2), as re13 designated by subparagraph (C), the following: 

14 ‘‘(3) LOCAL MARKET.— 

15 ‘‘(A) IN GENERAL.—The term ‘local mar16 ket’, in the case of noncommercial television 

17 broadcast stations, means the designated mar18 ket area in which a station is located, and, in 

19 the case of a noncommercial educational tele20 vision broadcast station, the market includes 

21 any station that is licensed to a community 

22 within the same designated market area as the 

23 noncommercial educational television broadcast 

24 station. 


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1 ‘‘(B) COUNTY OF LICENSE.—In addition to 

2 the area described in subparagraph (A), a sta3 tion’s local market includes the county in which 

4 the station’s community of license is located. 

5 ‘‘(C) DESIGNATED MARKET AREA.—For 

6 purposes of subparagraph (A), the term ‘des7 ignated market area’ means a designated mar8 ket area, as determined by Nielsen Media Re9 search and published in the 1999–2000 Nielsen 

10 Station Index Directory and Nielsen Station 

11 Index United States Television Household Esti12 mates or any successor publication. 

13 ‘‘(D) CERTAIN AREAS OUTSIDE OF ANY

14 DESIGNATED MARKET AREA.—Any census area, 

15 borough, or other area in the State of Alaska 

16 that is outside of a designated market area, as 

17 determined by Nielsen Media Research, shall be 

18 deemed to be part of one of the local markets 

19 in the State of Alaska. A satellite carrier may 

20 determine which local market in the State of 

21 Alaska will be deemed to be the relevant local 

22 market in connection with each subscriber in 

23 such census area, borough, or other area.’’; 

24 (F) in paragraph (6), as redesignated by 

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1 ing’’ and all that follows and inserting ‘‘means 

2 an entity that uses the facilities of a satellite or 

3 satellite service licensed by the Commission and 

4 operates in the Fixed-Satellite Service under 

5 part 25 of title 47, Code of Federal Regula6 tions, or the Direct Broadcast Satellite Service 

7 under part 100 of title 47, Code of Federal 

8 Regulations, to establish and operate a channel 

9 of communications for point-to-multipoint dis10 tribution of television station signals, and that 

11 owns or leases a capacity or service on a sat12 ellite in order to provide such point-to13 multipoint distribution, except to the extent 

14 that such entity provides such distribution pur15 suant to tariff under this Act, other than for 

16 private home viewing pursuant to this section.’’; 

17 (G) in paragraph (7), as redesignated by 

18 subparagraph (D), by striking ‘‘has the mean19 ing’’ and all that follows and inserting ‘‘means 

20 a person or entity that receives a secondary 

21 transmission service from a satellite carrier and 

22 pays a fee for the service, directly or indirectly, 

23 to the satellite carrier or to a distributor.’’; and 

24 (H) in paragraph (8), as redesignated by 

25 subparagraph (D), by striking ‘‘has the meanVerDate Mar 15 2010 20:59 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2008.IS S2008

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1 ing’’ and all that follows and inserting ‘‘means 

2 an over-the-air commercial or noncommercial 

3 television broadcast station licensed by the 

4 Commission under subpart E of part 73 of title 

5 47, Code of Federal Regulations, except that 

6 such term does not include a low-power or 

7 translator television station.’’. 

8 (12) SECTION 623.—Section 623 of the Commu9 nications Act of 1934 (47 U.S.C. 543) is amended 

10 to read as follows: 

11 ‘‘SEC. 623. REGULATION OF RATES AND BROADCAST SIG12 NAL CARRIAGE. 

13 ‘‘No Federal agency, State, or franchising authority 

14 may regulate— 

15 ‘‘(1) the rates for the provision of the service of 

16 a multichannel video programming distributor; or 

17 ‘‘(2) the retransmission of television broadcast 

18 signals by a multichannel video programming dis19 tributor, except in accordance with the requirements 

20 of sections 338 and 615 relating to qualified non21 commercial educational television stations.’’. 

22 (d) CONFORMING AMENDMENTS.— 

23 (1) SECTION 336.—Section 336(b)(3) of the 

24 Communications Act of 1934 (47 U.S.C. 336(b)(3)) 

25 is amended by striking ‘‘614 or’’. 


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1 (2) SECTION 613.— 

2 (A) IN GENERAL.—Section 613 of the 

3 Communications Act of 1934 (47 U.S.C. 533) 

4 is amended— 

5 (i) by striking subsection (a); and 

6 (ii) by redesignating subsections (c) 

7 through (h) as subsections (a) through (f), 

8 respectively. 

9 (B) CONFORMING AMENDMENT.—Section 

10 653(c)(1)(A) of the Communications Act of 

11 1934 (47 U.S.C. 573(c)(1)(A)) is amended by 

12 striking ‘‘(other than subsection (a) thereof)’’. 

13 (3) SECTION 615.—Section 615 of the Commu14 nications Act of 1934 (47 U.S.C. 535) is amended— 

15 (A) in subsection (a), by striking ‘‘In addi16 tion to the carriage requirements set forth in 

17 section 614, each’’ and inserting ‘‘Each’’; 

18 (B) by striking subsection (f); 

19 (C) by redesignating subsections (g) 

20 through (l) as subsections (f) through (k), re21 spectively; 

22 (D) in subsection (g), as redesignated by 

23 subparagraph (C), by striking ‘‘that includes 

24 the retransmission of local commercial television 

25 broadcast signals’’; 


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1 (E) in subsection (h), as redesignated by 

2 subparagraph (C)— 

3 (i) in paragraph (1), by striking ‘‘(1) 

4 IN GENERAL.—A cable’’ and inserting ‘‘A 

5 cable’’; and 

6 (ii) by striking paragraph (2); and 

7 (F) in subsection (k)(1)(A), as redesig8 nated by subparagraph (C)— 

9 (i) in clause (i)— 

10 (I) by striking ‘‘(i)’’; and 

11 (II) by striking ‘‘; and’’ and in12 serting ‘‘; or’’; and 

13 (ii) by striking clause (ii). 

14 (4) SECTION 621.—Section 621(b)(3)(D) of the 

15 Communications Act of 1934 (47 U.S.C. 

16 541(b)(3)(D)) is amended by striking ‘‘sections 611 

17 and 612’’ and inserting ‘‘section 611’’. 

18 (5) SECTION 622.—Section 622(c) of the Com19 munications Act of 1934 (47 U.S.C. 542(c)) is 

20 amended in the matter preceding paragraph (1), by 

21 striking ‘‘, consistent with the regulations prescribed 

22 by the Commission pursuant to section 623’’. 

23 (6) SECTION 625.—Section 625(d) of the Com24 munications Act of 1934 (47 U.S.C. 544(d)) is 


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1 amended by striking ‘‘, if the rates’’ and all that fol2 lows through ‘‘section 623’’. 

3 (7) SECTION 632.—Section 632(c) of the Com4 munications Act of 1934 (47 U.S.C. 552(c)) is 

5 amended in the second sentence by striking ‘‘Not6 withstanding section 623(b)(6) or any other provi7 sion of this Act, a cable’’ and inserting ‘‘A cable’’. 

8 (8) SECTION 635.—Section 635(c) of the Com9 munications Act of 1934 (47 U.S.C. 555(c)) is 

10 amended by striking ‘‘614 or’’ each place it appears. 

11 (9) SECTION 638.—Section 638 of the Commu12 nications Act of 1934 (47 U.S.C. 558) is amended 

13 by striking ‘‘or on any other channel obtained under 

14 section 612 or under similar arrangements’’. 

15 (10) SECTION 653.—Section 653 of the Commu16 nications Act of 1934 (47 U.S.C. 573) is amended— 

17 (A) in subsection (b)(1)— 

18 (i) in subparagraph (A), by striking ‘‘, 

19 614’’; and 

20 (ii) in subparagraph (C), by adding 

21 ‘‘and’’ at the end; 

22 (iii) by striking subparagraph (D); 

23 and 

24 (iv) by redesignating subparagraph 

25 (E) as subparagraph (D); and 


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1 (B) in subsection (c)(1)— 

2 (i) in subparagraph (A), by striking ‘‘, 

3 623(f)’’; 

4 (ii) in subparagraph (B)— 

5 (I) by striking ‘‘, 614,’’; and 

6 (II) by striking ‘‘, section 325 of 

7 title III,’’; and 

8 (iii) in subparagraph (C)— 

9 (I) by striking ‘‘sections 612 and 

10 617’’ and inserting ‘‘section 617’’; 

11 and 

12 (II) by striking ‘‘section 623(f)’’. 

13 SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE 

14 TELEVISION MARKETPLACE UNDER THE 

15 COPYRIGHT ACT. 

16 (a) IN GENERAL.—Sections 119 and 122 of title 17, 

17 United States Code are repealed. 

18 (b) AMENDMENT.—Section 111 of title 17, United 

19 States Code, is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘local service area of 

23 such station’’ and inserting ‘‘designated 

24 market area (as defined in section 

25 501(f)(2))’’; and 


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1 (ii) by striking ‘‘or’’ after the semi2 colon; 

3 (B) in paragraph (2), by striking the ‘‘or’’ 

4 after the semicolon; and 

5 (C) by amending paragraph (4) to read as 

6 follows: 

7 ‘‘(4) the secondary transmission— 

8 ‘‘(A) is made by— 

9 ‘‘(i) a cable system in accordance with 

10 section 615 of the Communications Act of 

11 1934; 

12 ‘‘(ii) a satellite carrier in accordance 

13 with section 338 of the Communications 

14 Act of 1934; or 

15 ‘‘(iii) a cable system or satellite car16 rier of any other qualified noncommercial 

17 educational television broadcast station, as 

18 defined in section 615 of the Communica19 tions Act of 1934, if such cable operator or 

20 satellite carrier was making such sec21 ondary transmission pursuant to section 

22 111 or 119, respectively, prior to the date 

23 of enactment of the Next Generation Tele24 vision Marketplace Act; and 


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1 ‘‘(B) is consistent with the rules, regula2 tions, and authorizations of the Federal Com3 munications Commission; or’’; 

4 (2) in subsection (b), in the matter preceding 

5 paragraph (1), by striking ‘‘subsections (a) and (c)’’ 

6 and inserting ‘‘subsection (a)’’; 

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

8 (4) by redesignating subsection (f) as sub9 section (c); and 

10 (5) in subsection (c), as redesignated by para11 graph (4)— 

12 (A) in paragraph (3), by striking the sec13 ond sentence; 

14 (B) by striking paragraphs (4) through 

15 (13); and 

16 (C) by adding at the end the following: 

17 ‘‘(4) SATELLITE CARRIER.—The term ‘satellite 

18 carrier’ means an entity that uses the facilities of a 

19 satellite or satellite service licensed by the Federal 

20 Communications Commission and operates in the 

21 Fixed-Satellite Service under part 25 of title 47, 

22 Code of Federal Regulations, or the Direct Broad23 cast Satellite Service under part 100 of title 47, 

24 Code of Federal Regulations, to establish and oper25 ate a channel of communications for point-toVerDate Mar 15 2010 20:59 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2008.IS S2008

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1 multipoint distribution of television station signals, 

2 and that owns or leases a capacity or service on a 

3 satellite in order to provide such point-to-multipoint 

4 distribution, except to the extent that such entity 

5 provides such distribution pursuant to tariff under 

6 the Communications Act of 1934, other than for pri7 vate home viewing pursuant to this section.’’. 

8 (c) CONFORMING AMENDMENTS.—Title 17, United 

9 States Code, is amended— 

10 (1) in the table of sections for chapter 1, by 

11 striking— 

12 (A) the item relating to section 119; and 

13 (B) the item relating to section 122; 

14 (2) in section 106, in the matter preceding 

15 paragraph (1), by striking ‘‘122’’ and inserting 

16 ‘‘121’’; 

17 (3) in section 110(8), by striking ‘‘section 

18 111(f)’’ and inserting ‘‘section 111(c)’’; 

19 (4) in the table of sections for chapter 5, by 

20 striking the item relating to section 510; 

21 (5) in section 501— 

22 (A) in subsection (a), by striking ‘‘122’’ 

23 and inserting ‘‘121’’; 

24 (B) by striking subsections (c), (d), (e), 

25 and (f); and 


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1 (C) by adding at the end the following: 

2 ‘‘(c)(1) With respect to any secondary transmission 

3 that is made by a cable system or by a satellite carrier 

4 of a performance or display of a work embodied in a pri5 mary transmission and is actionable as an act of infringe6 ment under section 111, a television broadcast station 

7 holding a copyright or other license to transmit or perform 

8 the same version of that work shall, for purposes of sub9 section (b), be treated as a legal or beneficial owner if such 

10 secondary transmission occurs within the designated mar11 ket area of that station. 

12 ‘‘(2) For purposes of this subsection, the term ‘des13 ignated market area’ means a designated market area, as 

14 determined by Nielsen Media Research and published in 

15 the 1999–2000 Nielsen Station Index Directory and 

16 Nielsen Station Index United States Television Household 

17 Estimates or any successor publication.’’; 

18 (6) by striking section 510; 

19 (7) in section 511(a), by striking ‘‘122’’ and in20 serting ‘‘121’’; 

21 (8) in section 708(a)— 

22 (A) in paragraph (8), by adding ‘‘and’’ at 

23 the end; 

24 (B) in paragraph (9), by striking the semi25 colon at the end and inserting a period; 


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1 (C) by striking paragraphs (10) and (11); 

2 and 

3 (D) in the flush text at the end, by strik4 ing ‘‘Fees established under paragraphs (10) 

5 and (11) shall be reasonable and may not ex6 ceed one-half of the cost necessary to cover rea7 sonable expenses incurred by the Copyright Of8 fice for the collection and administration of the 

9 statements of account and any royalty fees de10 posited with such statements.’’; 

11 (9) in section 801— 

12 (A) by striking ‘‘sections 111, 119, and’’ 

13 each place it appears and inserting ‘‘section’’; 

14 (B) by striking ‘‘111, 119, or’’ each place 

15 it appears; and 

16 (C) in subsection (b)— 

17 (i) in paragraph (1), in the matter 

18 preceding subparagraph (A), by striking 

19 ‘‘119,’’; 

20 (ii) by striking paragraph (2); 

21 (iii) by redesignating paragraphs (3) 

22 through (8) as paragraphs (2) through (7), 

23 respectively; and 

24 (iv) in paragraph (2), as redesignated 

25 by clause (iii)— 


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1 (I) in subparagraph (B), by 

2 striking ‘‘, as the case may be’’; and 

3 (II) in subparagraph (C), by 

4 striking ‘‘section 804(b)(8)’’ and in5 serting ‘‘section 804(b)(7)’’; 

6 (10) in section 803— 

7 (A) in subsection (b)(1)(A)(i)— 

8 (i) in the matter preceding subclause 

9 (I)— 

10 (I) by striking ‘‘111,’’; and 

11 (II) by striking ‘‘119,’’; 

12 (ii) in subclause (V), by striking ‘‘, ex13 cept that the publication of notice require14 ment shall not apply in the case of pro15 ceedings under section 111 that are sched16 uled to commence in 2005’’; 

17 (B) in subsection (d)(2)(C)(i)— 

18 (i) by striking ‘‘111,’’; and 

19 (ii) by striking ‘‘119,’’; and 

20 (C) in subsection (e)(2)— 

21 (i) by striking ‘‘111,’’; and 

22 (ii) by striking ‘‘119,’’; and 

23 (D) in section 804— 

24 (i) in subsection (a)— 


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1 (I) by striking ‘‘paragraphs (1) 

2 and (2) of section 801(b)’’ and insert3 ing ‘‘section 801(b)(1)’’; 

4 (II) by striking ‘‘111,’’; and 

5 (III) by striking ‘‘119,’’; and 

6 (ii) in subsection (b)— 

7 (I) by striking paragraph (1); 

8 (II) by redesignating paragraphs 

9 (2) through (8) as paragraphs (1) 

10 through (7), respectively; and 

11 (III) in paragraph (7), as redes12 ignated by subclause (II)— 

13 (aa) by striking ‘‘section 

14 801(b)(3)’’ and inserting ‘‘section 

15 801(b)(2)’’; and 

16 (bb) by striking ‘‘111, 119, 

17 or’’. 

18 SEC. 4. REPEAL OF COMMISSION RULES RELATING TO REG19 ULATORY INTERVENTION. 

20 The Federal Communications Commission shall take 

21 all actions necessary to— 

22 (1) repeal section 73.658 of title 47 of the Code 

23 of Federal Regulations; 

24 (2) repeal subpart D of part 76 of title 47 of 

25 the Code of Federal Regulations; 


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1 (3) repeal subpart F of part 76 of title 47 of 

2 the Code of Federal Regulations; and 

3 (4) modify the broadcast ownership limitations 

4 set forth in section 73.3555 of title 47 of the Code 

5 of Federal Regulations by eliminating— 

6 (A) the restrictions on the number of 

7 broadcast television stations that a person or 

8 entity may directly or indirectly own, operate, 

9 or control in the same designated market area 

10 (as such term is defined under section 501(f)(2) 

11 of title 17, United States Code, as described in 

12 subsection (b) of such section 73.3555; 

13 (B) the radio-television cross-ownership 

14 rule, as described in subsection (c) of such sec15 tion 73.3555; and 

16 (C) the limitations on the direct or indirect 

17 ownership, operation, or control of a broadcast 

18 television station by a person or entity that di19 rectly or indirectly owns, operates, or controls a 

20 daily newspaper, as that term was defined in 

21 note 6 to such section 73.3555 in effect on Oc22 tober 1, 2011, as described in subsection (d) of 

23 such section 73.3555. 


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1 SEC. 5. TRANSITIONAL PROVISIONS. 

2 (a) CONGRESSIONAL FINDING.—Congress finds and 

3 declares that the enactment of this Act will change laws 

4 that have provided the basis for certain contracts, under5 standings, and arrangements related to retransmission 

6 consent and the distribution of video programming entered 

7 into prior to the enactment of this Act and that, accord8 ingly, certain transitional measures are necessary to pre9 serve an orderly marketplace for the provision of video 

10 programming to consumers. 

11 (b) RETRANSMISSION CONSENT.— 

12 (1) NO NEW CONTRACTS.—No contract, under13 standing, or arrangement for the retransmission 

14 consent shall be entered into pursuant to section 

15 325(b) of the Communications Act of 1934 (47 

16 U.S.C. 325(b)) after the date of enactment of this 

17 Act. 

18 (2) EXTENSION OF PRIOR CONTRACTS.—Any 

19 contract, understanding, or arrangement for retrans20 mission consent entered into pursuant to section 

21 325(b) of the Communications Act of 1934 (47 

22 U.S.C. 325(b)) prior to the date of enactment of this 

23 Act, which by the terms of the contract, under24 standing, or arrangement expires before July 1, 

25 2014, shall be deemed to be extended through July 

26 1, 2014 based on the terms of the contract, underVerDate Mar 15 2010 20:59 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2008.IS S2008

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1 standing, or arrangement in effect on the date be2 fore the expiration date of the contract, under3 standing, or arrangement. 

4 (3) EXPIRATION OF PRIOR CONTRACTS.—No 

5 contract, understanding, or arrangement for retrans6 mission consent entered into pursuant to section 

7 325(b) of the Communications Act of 1934 (47 

8 U.S.C. 325(b)) before the date of enactment of this 

9 Act shall be enforceable by any person or entity 

10 after July 1, 2014. 

11 (c) CONTINUED COLLECTION AND DISTRIBUTION OF

12 PREVIOUSLY DUE ROYALTIES.—Notwithstanding section 

13 5, the collection and distribution of royalties due for sec14 ondary transmissions made pursuant to sections 111 and 

15 119 of title 17, United States Code, prior to July 1, 2014, 

16 shall continue to be governed by such title and the rules 

17 of the Register of Copyrights and Copyright Royalty 

18 Judges as in effect prior to the date of enactment of this 

19 Act until such time as the Register certifies that all royal20 ties collected pursuant to such provisions have been dis21 tributed. 


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1 SEC. 6. EFFECTIVE DATE. 

2 Except as provided in section 5, this Act and the 

3 amendments made by this Act, shall take effect on July 

4 1, 2014. 

Æ 


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