II 

118TH CONGRESS 

1ST SESSION S. 2857 

To amend the Communications Act of 1934 and title 17, United States 

Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2023 

Ms. BALDWIN introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 and title 17, 

United States Code, to provide greater access to inState television broadcast programming for cable and 

satellite subscribers in certain counties. 

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 ‘‘Go Pack Go Act of 

5 2023’’. 


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1 SEC. 2. CARRIAGE OF NETWORK STATION SIGNALS IN CER2 TAIN COUNTIES. 

3 (a) IN GENERAL.—Part I of title III of the Commu4 nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 346. CARRIAGE OF NETWORK STATION SIGNALS IN 

7 CERTAIN COUNTIES. 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘cable operator’ has the meaning 

10 given the term in section 602; 

11 ‘‘(2) the terms ‘covered county’ and ‘in-State, 

12 adjacent-market network station retransmission’ 

13 have the meanings given those terms in section 

14 119(d) of title 17, United States Code, except that, 

15 in the case of a cable operator, any reference to a 

16 satellite carrier or a subscriber of a satellite carrier 

17 shall be considered to be a reference to a cable oper18 ator or a subscriber of a cable operator, respectively; 

19 ‘‘(3) the term ‘local market’ has the meaning 

20 given the term in section 122(j) of title 17, United 

21 States Code; 

22 ‘‘(4) the term ‘local network station’ means, 

23 with respect to a subscriber and a television net24 work, the network station— 

25 ‘‘(A) that is affiliated with the television 

26 network; and 


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1 ‘‘(B) within the local market in which the 

2 subscriber is located; and 

3 ‘‘(5) the terms ‘network station’ and ‘satellite 

4 carrier’ have the meanings given those terms in sec5 tion 119(d) of title 17, United States Code. 

6 ‘‘(b) SUBSCRIBER ELECTION.—A cable operator or 

7 satellite carrier shall, at the election of a subscriber in a 

8 covered county with respect to a television network, pro9 vide to the subscriber— 

10 ‘‘(1) retransmission of the signal of any local 

11 network station that the operator or carrier is re12 quired to retransmit to the subscriber without re13 gard to this section; 

14 ‘‘(2) an in-State, adjacent-market network sta15 tion retransmission; or 

16 ‘‘(3) both retransmissions described in para17 graphs (1) and (2). 

18 ‘‘(c) RELATIONSHIP TO LOCAL SIGNAL CARRIAGE

19 REQUIREMENTS.—If a subscriber elects to receive only an 

20 in-State, adjacent-market network station retransmission 

21 under subsection (b)— 

22 ‘‘(1) the provision of that retransmission to the 

23 subscriber shall be deemed to fulfill any obligation of 

24 the cable operator or satellite carrier to provide to 


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1 the subscriber the signal of a local network station 

2 under section 338, 614, or 615; and 

3 ‘‘(2) in the case of a satellite carrier that has 

4 been recognized as a qualified carrier under section 

5 119(f) of title 17, United States Code, the provision 

6 of that retransmission instead of the signal of a local 

7 network station shall not affect the status of the sat8 ellite carrier as a qualified carrier for purposes of 

9 that section and section 342 of this Act. 

10 ‘‘(d) REQUIREMENT SUBJECT TO TECHNICAL FEASI11 BILITY FOR SATELLITE CARRIERS.—A satellite carrier 

12 shall be required to provide a retransmission under sub13 section (b) only to the extent that such provision is tech14 nically feasible, as determined by the Commission. 

15 ‘‘(e) TREATMENT OF IN-STATE, ADJACENT-MARKET

16 NETWORK STATION RETRANSMISSIONS BY CABLE OPER17 ATORS.— 

18 ‘‘(1) RETRANSMISSION CONSENT EXCEPTION.— 

19 Section 325(b) shall not apply to an in-State, adja20 cent-market network station retransmission by a 

21 cable operator to a subscriber residing in a covered 

22 county. 

23 ‘‘(2) DEEMED SIGNIFICANTLY VIEWED.—In the 

24 case of an in-State, adjacent-market network station 

25 retransmission by a cable operator to a subscriber 


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1 residing in a covered county, the signal of the sta2 tion shall be deemed to be significantly viewed in 

3 that county within the meaning of section 76.54 of 

4 title 47, Code of Federal Regulations, or any suc5 cessor regulation.’’. 

6 (b) TREATMENT OF IN-STATE, ADJACENT-MARKET

7 NETWORK STATION RETRANSMISSIONS BY SATELLITE

8 CARRIERS.—Section 339 of the Communications Act of 

9 1934 (47 U.S.C. 339) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)(A), by adding at the 

12 end the following: ‘‘In-State, adjacent-market 

13 network station retransmissions to subscribers 

14 residing in covered counties shall not count to15 ward the limit set forth in this subparagraph.’’; 

16 and 

17 (B) in paragraph (2), by adding at the end 

18 the following: 

19 ‘‘(I) IN-STATE, ADJACENT-MARKET NET20 WORK STATION RETRANSMISSIONS.—Nothing in 

21 this paragraph shall apply to or affect in-State, 

22 adjacent-market network station retrans23 missions to subscribers residing in covered 

24 counties.’’; and 

25 (2) in subsection (d)— 


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1 (A) by redesignating paragraphs (1) 

2 through (5) as paragraphs (3) through (7), re3 spectively; and 

4 (B) by inserting before paragraph (3), as 

5 so redesignated, the following: 

6 ‘‘(1) COVERED COUNTY.—The term ‘covered 

7 county’ has the meaning given the term in section 

8 119(d) of title 17, United States Code. 

9 ‘‘(2) IN-STATE, ADJACENT-MARKET NETWORK

10 STATION RETRANSMISSION.—The term ‘in-State, ad11 jacent-market network station retransmission’ has 

12 the meaning given the term in section 119(d) of title 

13 17, United States Code.’’. 

14 (c) NO EFFECT ON ABILITY TO RECEIVE SIGNIFI15 CANTLY VIEWED SIGNALS.—Section 340(b)(3) of the 

16 Communications Act of 1934 (47 U.S.C. 340(b)(3)) is 

17 amended by inserting before the period at the end the fol18 lowing: ‘‘or to a subscriber who elects under section 

19 346(b), with respect to the network with which the station 

20 whose signal is being retransmitted pursuant to this sec21 tion is affiliated, to receive an in-State, adjacent-market 

22 network station retransmission (as defined in section 

23 119(d) of title 17, United States Code) instead of the sig24 nal of a local network station (as defined in section 346)’’. 


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1 SEC. 3. AVAILABILITY OF COPYRIGHT LICENSE. 

2 (a) SECONDARY TRANSMISSIONS OF DISTANT TELE3 VISION PROGRAMMING BY SATELLITE.—Section 119 of 

4 title 17, United States Code, is amended— 

5 (1) in subsection (a)(2)(B)(i), by adding at the 

6 end the following: ‘‘In-State, adjacent-market net7 work station retransmissions to subscribers residing 

8 in covered counties shall not count toward the limit 

9 set forth in this clause.’’; and 

10 (2) in subsection (d)— 

11 (A) in paragraph (10)— 

12 (i) in subparagraph (A), by striking ‘‘; 

13 or’’ and inserting a semicolon; 

14 (ii) in subparagraph (B), by striking 

15 the period at the end and inserting ‘‘; or’’; 

16 and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(C) with respect to an in-State, adjacent20 market network station retransmission, is a 

21 subscriber residing in a covered county.’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(17) IN-STATE, ADJACENT-MARKET NETWORK

24 STATION RETRANSMISSION.—The term ‘in-State, ad25 jacent-market network station retransmission’ means 

26 the secondary transmission by a satellite carrier of 


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1 the primary transmission of any network station 

2 whose community of license is located— 

3 ‘‘(A) in the State of a subscriber; and 

4 ‘‘(B) in a local market that is adjacent to 

5 the local market of the subscriber. 

6 ‘‘(18) COVERED COUNTY.—The term ‘covered 

7 county’ means, with respect to an in-State, adjacent8 market network station retransmission to a sub9 scriber, any county to which both of the following 

10 apply: 

11 ‘‘(A) The county is one of the following 

12 counties in the State of Wisconsin: Ashland, 

13 Barron, Bayfield, Burnett, Douglas, Dunn, 

14 Florence, Iron, Pierce, Polk, Sawyer, St. Croix, 

15 or Washburn. 

16 ‘‘(B) The county is not in the local market 

17 of any television broadcast station— 

18 ‘‘(i) that is affiliated with the same 

19 network; and 

20 ‘‘(ii) whose community of license is lo21 cated in the State of the subscriber.’’. 

22 (b) SECONDARY TRANSMISSIONS OF LOCAL TELE23 VISION PROGRAMMING BY SATELLITE.—Section 122(a) of 

24 title 17, United States Code, is amended— 


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1 (1) in paragraph (2)(A), by inserting after 

2 ‘‘under paragraph (1)’’ the following: ‘‘(or in-State, 

3 adjacent-market network station retransmissions in4 stead of secondary transmissions under that para5 graph, in accordance with an election under section 

6 346(b) of the Communications Act of 1934)’’; and 

7 (2) in paragraph (3)(A), by inserting after 

8 ‘‘under paragraph (1)’’ the following: ‘‘(or in-State, 

9 adjacent-market network station retransmissions in10 stead of secondary transmissions under that para11 graph, in accordance with an election under section 

12 346(b) of the Communications Act of 1934)’’. 

Æ 


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