II 

113TH CONGRESS 

1ST SESSION S. 1680 

To amend the Communications Act of 1934 to increase consumer choice 

and competition in the online video programming distribution marketplace, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 12, 2013 

Mr. ROCKEFELLER 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 to increase consumer choice and competition in the online video programming distribution 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Consumer Choice in Online Video Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; statement of policy. 

Sec. 3. Definitions. 


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TITLE I—BILLING FOR INTERNET SERVICE 

Sec. 101. Consumer protections. 

TITLE II—ONLINE VIDEO DISTRIBUTION ALTERNATIVES 

Sec. 201. Protections for online video distributors. 

Sec. 202. Federal Communications Commission report on peering. 

TITLE III—NON-FACILITIES BASED MULTICHANNEL VIDEO 

PROGRAMMING DISTRIBUTORS 

Sec. 301. Non-facilities based multichannel video programming distributors. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Technical and conforming amendments. 

Sec. 402. Provisions as complementary. 

Sec. 403. Applicability of antitrust laws. 

Sec. 404. Severability. 

1 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Online video distribution has the potential 

5 to increase consumer choice in video programming, 

6 lower prices for video services, bring innovative serv7 ices to the video distribution marketplace, and dis8 rupt the traditional multichannel video distribution 

9 marketplace. 

10 (2) Evolving consumer demand, improving tech11 nology, and increased choice of viewing devices can 

12 make online video distributors stronger competitors 

13 to multichannel video programming distributors for 

14 an increasing number of viewers. 

15 (3) Unlike traditional multichannel video pro16 gramming distributors, online video distributors do 

17 not own distribution facilities and are dependent 


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1 upon Internet service providers (many of which are 

2 affiliated with multichannel video programming dis3 tributors) for the delivery of their content to viewers. 

4 (4) Internet service providers’ management and 

5 pricing of broadband services affects online video 

6 distributors. Because online video distribution con7 sumes significant amounts of Internet bandwidth, 

8 Internet service providers’ use of usage-based billing 

9 practices can negatively impact the competitive posi10 tion of online video distributors and the appeal of 

11 their services to consumers. 

12 (5) Internet service providers that are affiliated 

13 with a multichannel video programming distributor 

14 or an online video distributor have an increased in15 centive to degrade the delivery of, or block entirely, 

16 traffic from the websites of other online video dis17 tributors, or speed up or favor access to the content 

18 and aggregation websites of their affiliates, because 

19 online video distributors pose a threat to those affili20 ates’ video programming distribution businesses. 

21 (6) Similarly, multichannel video programming 

22 distributors who are affiliated with Internet service 

23 providers, online video distributors who are affiliated 

24 with Internet service providers, or video program25 ming vendors with significant market power have the 


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1 incentive and ability to use their competitive position 

2 to engage in unfair methods of competition meant to 

3 hinder competition from online video distributors. 

4 (7) Growth of online video distribution alter5 natives also will depend, in part, on the distributor’s 

6 ability to acquire programming from content pro7 ducers. Without access to content on competitive 

8 terms, an online video distributor suffers a distinct 

9 competitive harm. 

10 (8) Some traditional multichannel video pro11 gramming distributors have admitted to taking steps 

12 to limit the ability of online video distributors to ac13 cess content or otherwise effectively compete in the 

14 video distribution marketplace. 

15 (9) Traditional multichannel video program16 ming distributors and even other online video dis17 tributors have the incentive and ability to convince 

18 their video programming vendor partners not to sell 

19 content to online video distributors or to sell content 

20 to them at competitively disadvantageous prices, 

21 terms, and conditions. They also have the incentive 

22 and ability to retaliate against a video programming 

23 vendor that sells content to an online video dis24 tributor. 


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1 (10) Traditional multichannel video program2 ming distributors have the incentive and ability to 

3 use their relationships with manufacturers of tele4 vision sets, set-top boxes, and other customer prem5 ises equipment to favor their own services over offer6 ings from online video distributors. 

7 (11) There is a substantial governmental and 

8 First Amendment interest in— 

9 (A) requiring Internet service providers to 

10 provide consumers with accurate information 

11 about their Internet service, and to ensure that 

12 data usage monitoring systems are accurate, ef13 fective, and not used for an anticompetitive 

14 purpose; 

15 (B) promoting a diversity of views provided 

16 through multiple technology media; 

17 (C) promoting the development of online 

18 video distribution platforms and fair competi19 tion amongst all distributors and vendors of 

20 video programming; 

21 (D) preventing Internet service providers 

22 that are affiliated with a multichannel video 

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1 ated content and distributors in its exercise of 

2 control over consumers’ broadband connections; 

3 (E) encouraging and protecting consumer 

4 choice and innovation in online video distribu5 tion, including with respect to distribution of 

6 broadcast television content; and 

7 (F) providing consumers with the ability to 

8 choose to receive local broadcast television con9 tent from various markets. 

10 (b) STATEMENT OF POLICY.—It is the policy of the 

11 Congress that— 

12 (1) consumers should be fully informed about 

13 the terms and conditions related to the purchase of 

14 Internet service from an Internet service provider; 

15 (2) usage-based billing systems used by an 

16 Internet service provider should not be used in a 

17 way that harms development and use of high-band18 width consuming Internet applications and services 

19 that might compete with that Internet service pro20 vider’s own services; 

21 (3) the availability of a diversity of views and 

22 information should be promoted to the public 

23 through various video programming distribution 

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1 lizing the Internet or other IP-based transmission 

2 paths; 

3 (4) existing multichannel video programming 

4 distributors and video programming vendors should 

5 not have or exercise undue market power with re6 spect to online video distributors; and 

7 (5) Internet service providers should not hinder 

8 through anticompetitive behavior the ability of online 

9 video distributors to provide services to their sub10 scribers. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) BROADCAST TELEVISION LICENSEE.—The 

14 term ‘‘broadcast television licensee’’ means the li15 censee of a full-power television station or a low16 power television station. 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Communications Commission. 

19 (3) INTERNET SERVICE PROVIDER.—The term 

20 ‘‘Internet service provider’’ means any provider of 

21 Internet service to an end user, regardless of the 

22 technology used to provide that service. 

23 (4) NON-FACILITIES BASED MULTICHANNEL

24 VIDEO PROGRAMMING DISTRIBUTOR.—The term 

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1 ming distributor’’ means an online video distributor 

2 that has made the election permitted under section 

3 672. 

4 (5) ONLINE VIDEO DISTRIBUTOR.—The term 

5 ‘‘online video distributor’’ means any entity, includ6 ing a non-facilities based multichannel video pro7 gramming distributor, that— 

8 (A) has its principal place of business in 

9 the United States; and 

10 (B) distributes video programming in the 

11 United States by means of the Internet or an12 other IP-based transmission path provided by a 

13 person other than that entity. 

14 (6) TELEVISION NETWORK.—The term ‘‘tele15 vision network’’ means a television network in the 

16 United States which offers an interconnected pro17 gram service on a regular basis for 15 or more hours 

18 per week to at least 25 affiliated broadcast stations 

19 in 10 or more States. 

20 (7) USAGE-BASED BILLING.— 

21 (A) IN GENERAL.—The term ‘‘usage-based 

22 billing’’ means a system of charging a consumer 

23 for Internet service or the use of an IP-based 

24 transmission path provided by an Internet serv25 ice provider or other entity that is based upon 


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1 the amount of data the consumer uses over a 

2 period of time. 

3 (B) INCLUSIONS.—The term ‘‘usage-based 

4 billing’’ includes— 

5 (i) imposing a cap on the amount of 

6 data the consumer can use based on the 

7 price the consumer is willing to pay for 

8 service; 

9 (ii) charging a consumer varying 

10 amounts each billing cycle based on a per11 megabyte, per-gigabyte, or similar rate; 

12 and 

13 (iii) establishing different tiers of 

14 prices based on the amount of data the 

15 consumer elects to consume in a billing 

16 cycle, whether or not the amount acts as a 

17 cap on the consumer’s service. 

18 (8) VIDEO PROGRAMMING.—The term ‘‘video 

19 programming’’ means programming provided by, or 

20 generally considered comparable to programming 

21 provided by, a television broadcast station, whether 

22 or not such programming is delivered using a por23 tion of the electromagnetic frequency spectrum. 

24 (9) VIDEO PROGRAMMING VENDOR.—The term 

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1 gaged in the production, creation, or wholesale dis2 tribution of video programming for sale. 

3 TITLE I—BILLING FOR 

4 INTERNET SERVICE 

5 SEC. 101. CONSUMER PROTECTIONS. 

6 Title VII of the Communications Act of 1934 (47 

7 U.S.C. 601 et seq.) is amended— 

8 (1) by inserting before section 701 the fol9 lowing: 

10 ‘‘PART I—GENERAL PROVISIONS’’; 

11 and 

12 (2) by adding at the end the following: 

13 ‘‘PART II—INTERNET SERVICES BILLING 

14 ‘‘SEC. 721. CONSUMER PROTECTIONS. 

15 ‘‘(a) GENERAL DISCLOSURES.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of the Consumer Choice in 

18 Online Video Act, the Commission shall promulgate 

19 regulations requiring Internet service providers to 

20 disclose certain information that will assist a con21 sumer in making an informed decision about the 

22 purchase of Internet service. 

23 ‘‘(2) REQUIREMENTS.—The regulations under 

24 paragraph (1) shall require, at a minimum, that— 


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1 ‘‘(A) any advertising related to Internet 

2 service include plain language disclosure of any 

3 information the Commission considers necessary 

4 for a consumer to make an informed decision 

5 about the purchase of that Internet service; 

6 ‘‘(B) an Internet service provider provide a 

7 plain language disclosure to a consumer prior to 

8 the purchase of Internet service that includes— 

9 ‘‘(i) the length of the contract; 

10 ‘‘(ii) the terms of renewal; 

11 ‘‘(iii) a projected monthly bill, includ12 ing all fees and costs associated with the 

13 Internet service; 

14 ‘‘(iv) if the consumer is receiving pro15 motional pricing for service, a projected 

16 monthly bill for service once that pro17 motional pricing period has ended; 

18 ‘‘(v) the procedures to cancel the 

19 Internet service, including any policies re20 lated to early termination fees; 

21 ‘‘(vi) the average actual data trans22 mission speeds, including both upload and 

23 download speeds; 

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1 iting service speeds or prioritizing content; 

2 and 

3 ‘‘(viii) any other information that the 

4 Commission considers necessary for the 

5 consumer to make an informed decision 

6 about the purchase of the Internet service. 

7 ‘‘(b) SPECIAL DISCLOSURES FOR USAGE-BASED

8 BILLING.— 

9 ‘‘(1) IN GENERAL.—As part of the rulemaking 

10 under subsection (a), the Commission shall promul11 gate regulations to protect consumers in the use of 

12 usage-based billing by Internet service providers. 

13 ‘‘(2) PLAIN LANGUAGE DISCLOSURE OF TERMS

14 AND CONDITIONS.— 

15 ‘‘(A) IN GENERAL.—The regulations under 

16 paragraph (1) shall require an Internet service 

17 provider to provide a plain language disclosure 

18 of all terms and conditions associated with its 

19 use of usage-based billing to a consumer prior 

20 to the purchase of Internet service. 

21 ‘‘(B) CONTENTS.—The plain language dis22 closure under this paragraph shall include— 

23 ‘‘(i) an explanation of how usage24 based billing will be applied to the con25 sumer; 


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1 ‘‘(ii) a complete list of the tiers of 

2 service; 

3 ‘‘(iii) comparisons of how much data 

4 of varying types, including video program5 ming in standard and high-definition, the 

6 consumer would be able to consume each 

7 month under each tier; 

8 ‘‘(iv) the procedure for providing the 

9 consumer the notifications under para10 graph (4); 

11 ‘‘(v) an explanation of the con12 sequences, if any, to a consumer for ex13 ceeding the consumer’s data usage amount, 

14 including any fees that may be charged 

15 and any options a consumer may have to 

16 avoid those fees; 

17 ‘‘(vi) if the Internet service provider 

18 provides a tool for a consumer to monitor 

19 the consumer’s data usage, a description of 

20 the tool and how to use it; 

21 ‘‘(vii) the appeals procedure under 

22 paragraph (5); and 

23 ‘‘(viii) any other information that the 

24 Commission considers necessary to protect 


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1 consumers in the use of usage-based billing 

2 by Internet service providers. 

3 ‘‘(3) MONTHLY DISCLOSURE OF DATA USAGE.— 

4 ‘‘(A) DATA USAGE.—An Internet service 

5 provider that uses usage-based billing shall pro6 vide a plain language disclosure to a consumer 

7 of the consumer’s data usage during each bill8 ing cycle as part of the consumer’s bill. 

9 ‘‘(B) DATA USAGE TRENDS.—An Internet 

10 service provider that uses usage-based billing 

11 shall include in the consumer’s bill information 

12 documenting the consumer’s data usage over 

13 the prior 6 monthly bills or over a period begin14 ning on the date that the consumer contracted 

15 for the Internet service, whichever is shorter. 

16 ‘‘(4) NOTIFICATIONS.— 

17 ‘‘(A) IN GENERAL.—An Internet service 

18 provider that uses usage-based billing shall pro19 vide to a consumer notification of the amount 

20 of data the consumer has remaining at the mid21 point of a billing cycle, and at any other incre22 ments the Commission finds are in the public 

23 interest. 


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1 ‘‘(B) FORM.—The Commission may deter2 mine the form of the notifications required 

3 under this paragraph. 

4 ‘‘(5) CONSUMER APPEALS.—Each Internet serv5 ice provider that uses usage-based billing shall estab6 lish an appeals procedure for a consumer to obtain 

7 more detailed information about the consumer’s 

8 Internet data usage and to challenge the Internet 

9 service provider’s determination of that consumer’s 

10 data usage. 

11 ‘‘(c) TRUTH-IN-BILLING FOR INTERNET SERV12 ICES.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of the Consumer Choice in 

15 Online Video Act, the Commission shall update its 

16 truth-in-billing rules to extend the rules to Internet 

17 service providers. 

18 ‘‘(2) BUNDLED SERVICES.—As part of the rule19 making under paragraph (1), the Commission shall 

20 consider whether it is in the public interest to estab21 lish truth-in-billing rules for bundled communica22 tions service packages. 

23 ‘‘(d) EXEMPTION.—The Commission may exempt an 

24 Internet service provider serving 20,000 or fewer sub25 scribers from the requirements of this section. 


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1 ‘‘(e) SPECIAL CONSIDERATION.—The Commission 

2 may take into account the special considerations in an 

3 Internet service provider’s delivery technology, including 

4 wireless, when implementing this section. 

5 ‘‘SEC. 722. CERTIFICATION OF DATA USAGE MONITORING 

6 SYSTEMS. 

7 ‘‘(a) INDEPENDENT CERTIFICATION REQUIRED.— 

8 ‘‘(1) IN GENERAL.—An Internet service pro9 vider may not use a data usage monitoring system 

10 as part of usage-based billing unless the data usage 

11 monitoring system is certified under this section. 

12 ‘‘(2) DEVELOPMENT OF STANDARDS.—The 

13 Commission, after consultation with the National In14 stitute of Standards and Technology, shall develop 

15 standards to ensure that a data usage monitoring 

16 system accurately measures a consumer’s usage of 

17 data. 

18 ‘‘(3) CERTIFICATION PROCESS.—The Commis19 sion may certify a data usage monitoring system for 

20 use in usage-based billing if it determines that the 

21 data usage monitoring system accurately measures 

22 consumer data usage and is in material compliance 

23 with the standards under paragraph (2). 

24 ‘‘(4) PERMISSIBLE DELEGATION.—The Com25 mission may designate 1 or more impartial third 


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1 parties to conduct the certification of a data usage 

2 monitoring system under this section. 

3 ‘‘(b) PERIODIC REVIEW.—The Commission shall de4 termine how to ensure that an Internet service provider’s 

5 data usage monitoring system remains in compliance with 

6 this section. 

7 ‘‘(c) DEFINITION OF DATA USAGE MONITORING SYS8 TEM.—In this section, the term ‘data usage monitoring 

9 system’ means a system of monitoring and calculating the 

10 amount of data a user has consumed— 

11 ‘‘(1) while accessing the Internet; 

12 ‘‘(2) while using hardware, software, or applica13 tions that consume data transmitted over the Inter14 net; or 

15 ‘‘(3) while accessing another IP-based trans16 mission path provided by an Internet service pro17 vider or another entity. 

18 ‘‘(d) PENALTIES.—The Commission is authorized to 

19 assess penalties against any Internet service provider that 

20 fails to comply with this section. 

21 ‘‘(e) RULEMAKING.— 

22 ‘‘(1) IN GENERAL.—The Commission shall pro23 mulgate regulations to implement this section not 

24 later than 1 year after the date of enactment of the 

25 Consumer Choice in Online Video Act. 


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1 ‘‘(2) EXEMPTION.—The regulations under para2 graph (1) may provide an exemption from the regu3 lations for an Internet service provider serving 

4 20,000 or fewer subscribers. 

5 ‘‘(3) SPECIAL CONSIDERATIONS.—The Commis6 sion may take into account the special considerations 

7 in an Internet service provider’s delivery technology, 

8 including wireless, when implementing this section.’’. 

9 TITLE II—ONLINE VIDEO 

10 DISTRIBUTION ALTERNATIVES 

11 SEC. 201. PROTECTIONS FOR ONLINE VIDEO DISTRIBU12 TORS. 

13 Title VI of the Communications Act of 1934 (47 

14 U.S.C. 521 et seq.) is amended by adding at the end the 

15 following: 

16 ‘‘PART VI—ONLINE VIDEO DISTRIBUTORS 

17 ‘‘SEC. 661. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) AFFILIATED WITH.—For purposes of sec20 tions 663, 664, and 667, the term ‘affiliated with’ 

21 means that the Internet service provider, multi22 channel video programming distributor, online video 

23 distributor, or video programming vendor, as appro24 priate, directly or indirectly, is owned or controlled 

25 by, owns or controls, or is under common ownership 


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1 or control with another Internet service provider, 

2 multichannel video programming distributor, online 

3 video distributor, or video programming vendor, as 

4 appropriate. For purposes of this paragraph, the 

5 term ‘own’ means to own an equity interest, or the 

6 equivalent thereof, of more than 10 percent. 

7 ‘‘(2) VIDEO PROGRAMMING.—The term ‘video 

8 programming’ means programming provided by, or 

9 generally considered comparable to programming 

10 provided by, a television broadcast station, whether 

11 or not such programming is delivered using a por12 tion of the electromagnetic frequency spectrum. 

13 ‘‘SEC. 662. ENHANCEMENT OF CONSUMER CHOICE IN ON14 LINE VIDEO. 

15 ‘‘The purposes of this part are— 

16 ‘‘(1) to promote the public interest, conven17 ience, and necessity by increasing competition, inno18 vation, and diversity in the video programming mar19 ketplace; 

20 ‘‘(2) to enhance consumer access to online video 

21 distribution platforms and consumer choice in online 

22 video programming; and 

23 ‘‘(3) to increase the availability of video pro24 gramming on all platforms, including Internet-based 

25 platforms. 


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1 ‘‘SEC. 663. DEVELOPMENT OF COMPETITION AND DIVER2 SITY IN ONLINE VIDEO DISTRIBUTION. 

3 ‘‘(a) PROHIBITION.—It shall be unlawful for a des4 ignated distributor to engage in unfair methods of com5 petition or unfair or deceptive acts or practices, the pur6 pose or effect of which are to hinder significantly or pre7 vent an online video distributor from providing video pro8 gramming to consumers, including over any platform or 

9 device capable of delivering that online video distributor’s 

10 content to consumers. 

11 ‘‘(b) REGULATIONS.— 

12 ‘‘(1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of the Consumer Choice in 

14 Online Video Act, the Commission shall promulgate 

15 regulations to implement this section. 

16 ‘‘(2) MINIMUM CONTENTS.—At a minimum, the 

17 regulations under this section shall— 

18 ‘‘(A) specify the conduct that constitutes a 

19 prima facie violation of subsection (a); and 

20 ‘‘(B) establish effective safeguards to pre21 vent a designated distributor from— 

22 ‘‘(i) unduly or improperly influencing 

23 the decision of any other entity to make a 

24 television set or other customer premises 

25 equipment incompatible with the services 

26 provided by any online video distributor; 


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1 ‘‘(ii) unduly or improperly using its 

2 own customer premises equipment to dis3 criminate against, or otherwise favor its 

4 own services over, the service provided by 

5 any online video distributor; 

6 ‘‘(iii) unduly or improperly influencing 

7 the decision of any other entity to sell, or 

8 the prices, terms, and conditions of the 

9 sale of, video programming to any online 

10 video distributor; and 

11 ‘‘(iv) providing an incentive to any en12 tity in an attempt to deny video program13 ming to an online video distributor. 

14 ‘‘(c) EXCEPTIONS.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

16 designated distributor shall not be prohibited from— 

17 ‘‘(A) imposing reasonable requirements for 

18 creditworthiness, offering of service, and finan19 cial stability and standards regarding character 

20 and technical quality; 

21 ‘‘(B) establishing different prices, terms, 

22 and conditions to take into account economies 

23 of scale, cost savings, or other direct and legiti24 mate economic benefits reasonably attributable 


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1 to the number of subscribers served by the on2 line video distributor; and 

3 ‘‘(C) imposing reasonable requirements to 

4 ensure the security of the video programming 

5 being provided to the online video distributor, 

6 including means to authenticate the right of the 

7 distributor’s subscribers to access the program8 ming. 

9 ‘‘(2) LIMITATIONS.—An exception under para10 graph (1)— 

11 ‘‘(A) shall be related to the substantial, 

12 real, and legitimate business concerns of the 

13 designated distributor; and 

14 ‘‘(B) may not be used in an anticompeti15 tive manner. 

16 ‘‘(d) DEFINITION OF DESIGNATED DISTRIBUTOR.— 

17 ‘‘(1) IN GENERAL.—In this section, the term 

18 ‘designated distributor’ means— 

19 ‘‘(A) a multichannel video programming 

20 distributor affiliated with an Internet service 

21 provider; 

22 ‘‘(B) an online video distributor affiliated 

23 with an Internet service provider; or 

24 ‘‘(C) a video programming vendor with sig25 nificant market power. 


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1 ‘‘(2) SIGNIFICANT MARKET POWER.—The Com2 mission shall establish rules for determining whether 

3 a video programming vendor has significant market 

4 power under paragraph (1)(C). 

5 ‘‘SEC. 664. ACCESS TO VIDEO PROGRAMMING. 

6 ‘‘(a) PROHIBITIONS.—It shall be unlawful for a mul7 tichannel video programming distributor or an online video 

8 distributor— 

9 ‘‘(1) to include in a contract with any video 

10 programming vendor a provision that serves as a 

11 substantial disincentive for the video programming 

12 vendor to sell its content to an online video dis13 tributor; 

14 ‘‘(2) to use any practice, understanding, ar15 rangement, or other agreement with a video pro16 gramming vendor that has the effect of causing the 

17 video programming vendor to face a substantial dis18 incentive to sell its content to an online video dis19 tributor; or 

20 ‘‘(3) to enter into a contract with a video pro21 gramming vendor that has the effect of preventing 

22 an online video distributor from making the video 

23 programming vendor’s content available on any plat24 form or device capable of delivering that distribu25 tor’s content to its subscribers. 


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1 ‘‘(b) CONTRACT LIMITATIONS.—A multichannel video 

2 programming distributor or an online video distributor 

3 may not include in any contract with a video programming 

4 vendor any provision that requires the multichannel video 

5 programming distributor or online video distributor, as ap6 plicable, to be treated in material parity with other simi7 larly situated multichannel video programming distribu8 tors or online video distributors with regard to pricing or 

9 other terms and conditions of carriage of video program10 ming. 

11 ‘‘(c) RETALIATION PROHIBITED.—A multichannel 

12 video programming distributor or an online video dis13 tributor may not retaliate against— 

14 ‘‘(1) any video programming vendor for making 

15 its video programming available to an online video 

16 distributor; 

17 ‘‘(2) any online video distributor for obtaining 

18 video programming from a video programming ven19 dor; or 

20 ‘‘(3) any entity for exercising a right under this 

21 Act. 

22 ‘‘(d) EXCEPTION.—Notwithstanding subsection (a) 

23 or any other provision of this part, a multichannel video 

24 programming distributor or an online video distributor 

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1 ming vendor for video programming provided by that video 

2 programming vendor if the contract does not exceed the 

3 limits or violate the prohibitions under subsection (e). 

4 ‘‘(e) PUBLIC INTEREST LIMITATIONS ON EXCLUSIVE

5 CONTRACTS.— 

6 ‘‘(1) IN GENERAL.—The Commission shall 

7 adopt limits on— 

8 ‘‘(A) the ability of a multichannel video 

9 programming distributor or an online video dis10 tributor to enter into any contract for video 

11 programming that includes an exclusivity provi12 sion that substantially deters the development 

13 of an online video distribution alternative; and 

14 ‘‘(B) the ability of an online video dis15 tributor to enter into any contract for video 

16 programming that includes an exclusivity provi17 sion that substantially deters the development 

18 of an online video distribution alternative. 

19 ‘‘(2) PROHIBITED CONTRACTS.—The Commis20 sion shall prohibit— 

21 ‘‘(A) a multichannel video programming 

22 distributor from entering into an exclusive con23 tract with a video programming vendor that is 

24 affiliated with the multichannel video program25 ming distributor; and 


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1 ‘‘(B) an online video distributor from en2 tering into an exclusive contract with a video 

3 programming vendor that is affiliated with the 

4 online video distributor. 

5 ‘‘(3) LIMITATIONS ON OTHER EXCLUSIVE CON6 TRACTS FOR VIDEO PROGRAMMING.— 

7 ‘‘(A) IN GENERAL.—The Commission shall 

8 establish criteria for determining whether an 

9 exclusive contract for programming substan10 tially deters the development of an online video 

11 distribution alternative. 

12 ‘‘(B) CONSIDERATIONS.—In establishing 

13 the criteria under subparagraph (A), the Com14 mission shall consider the totality of the cir15 cumstances surrounding the contract, includ16 ing— 

17 ‘‘(i) the duration of the exclusivity pe18 riod; 

19 ‘‘(ii) the effect of the exclusive con20 tract on capital investment in the produc21 tion and distribution of video program22 ming; 

23 ‘‘(iii) the time period after initial 

24 first-day distribution of video programming 

25 to consumers when the multichannel video 


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1 programming distributor or the online 

2 video distributor is granted exclusive ac3 cess to distribute the programming; and 

4 ‘‘(iv) the likelihood that the exclusive 

5 contract will enhance diversity in program6 ming on video distribution platforms. 

7 ‘‘(f) ONLINE DISTRIBUTION OF CONTENT BY A

8 VIDEO PROGRAMMING VENDOR.— 

9 ‘‘(1) IN GENERAL.—A multichannel video pro10 gramming distributor or an online video distributor 

11 may not enter into an agreement that limits or pro12 hibits a video programming vendor from making its 

13 video content available to consumers free over the 

14 Internet. 

15 ‘‘(2) EXCEPTION.—The prohibition under para16 graph (1) shall not apply if the duration of the 

17 agreement is 30 days or less. 

18 ‘‘(g) PRICES, TERMS, AND CONDITIONS FOR PRO19 GRAMMING.—A video programming vendor may establish 

20 different prices, terms, and conditions for its video pro21 gramming if, taking into account economies of scale, cost 

22 savings, or other direct and legitimate economic benefits 

23 that are reasonably attributable to the number of sub24 scribers served by an online video distributor, the prices, 

25 terms, and conditions— 


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1 ‘‘(1) are related to substantial, real, and legiti2 mate business concerns of the video programming 

3 vendor; and 

4 ‘‘(2) are not used in an anticompetitive manner. 

5 ‘‘(h) REGULATIONS.— 

6 ‘‘(1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of the Consumer Choice in 

8 Online Video Act, the Commission shall promulgate 

9 regulations to specify particular conduct that is pro10 hibited by this section. 

11 ‘‘(2) MINIMUM CONTENTS.—The regulations 

12 under this section shall establish, at a minimum— 

13 ‘‘(A) effective safeguards to prevent any 

14 activity prohibited by this section; and 

15 ‘‘(B) complaint and contract review proce16 dures to facilitate the Commission’s ability to 

17 determine if a multichannel video programming 

18 distributor, a video programming vendor, or an 

19 online video distributor has violated this sec20 tion. 

21 ‘‘(i) EXISTING CONTRACTS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 nothing in this section shall affect any contract, un24 derstanding, or arrangement that was entered into 

25 on or before December 1, 2013. 


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1 ‘‘(2) EXCEPTIONS.—No contract, under2 standing, or arrangement entered into on or before 

3 December 1, 2013, that violates this section shall be 

4 enforceable by any person after the date that is 3 

5 years after the date of enactment of the Consumer 

6 Choice in Online Video Act. 

7 ‘‘(3) LIMITATION ON RENEWALS.—A contract, 

8 understanding, or arrangement that was entered 

9 into on or before December 1, 2013, but that is re10 newed or extended after the date of enactment of 

11 the Consumer Choice in Online Video Act shall not 

12 be exempt under paragraph (1). 

13 ‘‘SEC. 665. FOSTERING ACCESS TO VIDEO PROGRAMMING. 

14 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of the Consumer Choice in Online Video 

16 Act, the Commission shall commence a proceeding to de17 termine the additional steps it should take, in the public 

18 interest, to foster the ability of online video distributors 

19 to gain access to video programming, offer innovative serv20 ices, and compete with multichannel video programming 

21 distributors. 

22 ‘‘(b) LIMITATION.—The Commission shall not compel 

23 a video programming vendor to sell its video programming 

24 to an online video distributor as part of any rules adopted 

25 under this section. 


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1 ‘‘SEC. 666. BROADCAST TELEVISION LICENSEES AND TELE2 VISION NETWORKS. 

3 ‘‘(a) DUTY TO NEGOTIATE.—It shall be unlawful for 

4 a broadcast television licensee or television network— 

5 ‘‘(1) to refuse to negotiate with an online video 

6 distributor for carriage of the broadcast television li7 censee’s or the television network’s content, as appli8 cable; or 

9 ‘‘(2) to place any restriction on an online video 

10 distributor’s ability to make the broadcast television 

11 licensee’s or the television network’s content, as ap12 plicable, available on any platform or device that is 

13 capable of delivering the online video distributor’s 

14 content to its subscribers. 

15 ‘‘(b) REFUSAL TO NEGOTIATE; COMMISSION DETER16 MINATION.—The Commission shall determine what con17 stitutes a refusal to negotiate under subsection (a). The 

18 Commission may require a broadcast television licensee or 

19 television network to engage in good faith negotiations 

20 with an online video distributor. The Commission shall de21 fine good faith for purposes of this subsection. 

22 ‘‘(c) ONLINE RETRANSMISSION OF IN-MARKET

23 BROADCAST SIGNALS.— 

24 ‘‘(1) SIGNAL PARITY.— 

25 ‘‘(A) IN GENERAL.—It shall be unlawful 

26 for a broadcast television licensee to provide an 


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1 over-the-air signal that differs from a retrans2 mission of that signal provided to a multi3 channel video programming distributor or an 

4 online video distributor. 

5 ‘‘(B) EXCEPTION.—Subparagraph (A) 

6 shall not apply if— 

7 ‘‘(i) the variation in the 2 signals con8 sists of a change to 1 or more commercial 

9 advertisements of not more than 60 sec10 onds in duration embedded in a broadcast 

11 television licensee’s signal; and 

12 ‘‘(ii) the broadcast television licensee 

13 is not using the variation under clause (i) 

14 to increase the overall amount of adver15 tising time in its over-the-air signal. 

16 ‘‘(2) ANTENNA RENTAL SERVICES.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of this Act, except subparagraph 

19 (C), an entity may rent to a consumer access 

20 to an individual antenna to view over-the-air 

21 broadcast television signals transmitted from 

22 that antenna— 

23 ‘‘(i) directly to the consumer over the 

24 Internet or another IP-based transmission 

25 path; or 


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1 ‘‘(ii) to an individual data storage sys2 tem, including an online remote data stor3 age system, for recording and then made 

4 accessible to that consumer through the 

5 Internet or another IP-based transmission 

6 path. 

7 ‘‘(B) RETRANSMISSION CONSENT FEES.— 

8 An antenna rental service described under sub9 paragraph (A) shall be exempt from paying re10 transmission consent fees under section 325 of 

11 this Act to any broadcast television station 

12 whose signal is received by the individual an13 tenna and retransmitted to the subscriber. 

14 ‘‘(C) CONDITIONS OF RENTAL SERVICES.— 

15 An antenna rental service described under sub16 paragraph (A) shall— 

17 ‘‘(i) only provide a subscriber with ac18 cess to over-the-air broadcast television sig19 nals received by an individual antenna lo20 cated in the same designated market area 

21 (as defined in section 671 of this Act) in 

22 which that subscriber resides; and 

23 ‘‘(ii) make available to a subscriber all 

24 over-the-air broadcast signals that are re25 ceived by the individual antenna rented by 


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1 that subscriber, unless a signal is of such 

2 poor quality that it cannot be transmitted 

3 to the consumer in a reasonably viewable 

4 form. 

5 ‘‘(d) LIMITS IN EXISTING PROGRAMMING AND AF6 FILIATION CONTRACTS.— 

7 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

8 entity selling or otherwise providing video program9 ming to be transmitted by a broadcast television li10 censee or television network to include in any con11 tract, agreement, understanding, or arrangement 

12 with that licensee or network a limitation on the 

13 ability of that licensee or network to comply with the 

14 requirements of this section. 

15 ‘‘(2) EXISTING CONTRACTS.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), nothing in this section shall affect 

18 any contract, understanding, or arrangement 

19 that was entered into on or before December 1, 

20 2013. 

21 ‘‘(B) EXCEPTIONS.—No contract, under22 standing, or arrangement entered into on or be23 fore December 1, 2013, that violates this sec24 tion shall be enforceable by any person after the 


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1 date that is 3 years after the date of enactment 

2 of the Consumer Choice in Online Video Act. 

3 ‘‘(C) LIMITATION ON RENEWALS.—A con4 tract, understanding, or arrangement that was 

5 entered into on or before December 1, 2013, 

6 but that is renewed or extended after the date 

7 of enactment of the Consumer Choice in Online 

8 Video Act shall not be exempt under subpara9 graph (A). 

10 ‘‘(e) REGULATIONS.—Not later than 1 year after the 

11 date of enactment of the Consumer Choice in Online Video 

12 Act, the Commission shall promulgate regulations to im13 plement this section. The Commission shall not compel a 

14 broadcast television licensee or television network to sell 

15 its video programming to an online video distributor as 

16 part of any rules adopted under this section. 

17 ‘‘SEC. 667. CONSUMER ACCESS TO CONTENT. 

18 ‘‘(a) IN GENERAL.—It shall be unlawful for a des19 ignated Internet service provider to engage in unfair meth20 ods of competition or unfair or deceptive acts or practices, 

21 the purpose or effect of which are to hinder significantly 

22 or to prevent an online video distributor from providing 

23 video programming to a consumer. 

24 ‘‘(b) REGULATIONS.—Not later than 1 year after the 

25 date of enactment of the Consumer Choice in Online Video 


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1 Act, the Commission shall promulgate regulations to speci2 fy particular conduct that is prohibited by subsection (a). 

3 The Commission’s regulations under this section shall en4 sure, at a minimum, that a designated Internet service 

5 provider does not— 

6 ‘‘(1) block, degrade, or otherwise impair any 

7 content provided by an online video distributor; 

8 ‘‘(2) unreasonably discriminate in transmitting 

9 the content of an unaffiliated online video distributor 

10 over the designated Internet service provider’s net11 work; 

12 ‘‘(3) provide benefits in the transmission of the 

13 video content of any company affiliated with the 

14 Internet service provider through specialized services 

15 or other means, or otherwise leverage its ownership 

16 of the physical delivery architecture to benefit that 

17 affiliated company in a way that has the effect of 

18 harming competition from an unaffiliated online 

19 video distributor; or 

20 ‘‘(4) use billing systems, such as usage-based 

21 billing, in a way that deters competition from unaf22 filiated online video distributors that may be in com23 petition with the Internet service provider’s or its af24 filiate’s services. 


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1 ‘‘(c) DEFINITION OF DESIGNATED INTERNET SERV2 ICE PROVIDER.—In this section, the term ‘designated 

3 Internet service provider’ means an Internet service pro4 vider that is affiliated with a multichannel video program5 ming distributor, an online video distributor, or a video 

6 programming vendor. 

7 ‘‘SEC. 668. BLOCKING CONSUMER ACCESS TO ONLINE 

8 VIDEO PROGRAMMING. 

9 ‘‘(a) IN GENERAL.—No video programming vendor 

10 that has made available its video programming to con11 sumers online may restrict access to that online video pro12 gramming for a subscriber of a multichannel video pro13 gramming distributor or its affiliate, or an online video 

14 distributor or its affiliate, during the time that vendor is 

15 involved in a dispute with such distributor. 

16 ‘‘(b) EXCEPTION.— 

17 ‘‘(1) IN GENERAL.—If a video programming 

18 vendor requires a consumer to purchase access to its 

19 online video programming through a contract with a 

20 multichannel video programming distributor or an 

21 online video distributor then that vendor may re22 strict access to that online video programming dur23 ing the time that the vendor is involved in a dispute 

24 with that distributor. 


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1 ‘‘(2) LIMITATION.—The exception under this 

2 subsection shall apply only to a subscriber to video 

3 services provided by a multichannel video program4 ming distributor or an online video distributor in5 volved in the dispute and not to a subscriber to any 

6 other service provided by that distributor or its affil7 iate. 

8 ‘‘(c) REMEDIES.— 

9 ‘‘(1) IN GENERAL.—Any entity that is ag10 grieved by a violation of this section may bring a 

11 civil action in a United States district court or in 

12 any other court of competent jurisdiction. 

13 ‘‘(2) AUTHORITY.—The court may— 

14 ‘‘(A) grant a temporary or final injunction 

15 on such terms as it may deem reasonable to 

16 prevent or restrain violations of this section; 

17 ‘‘(B) award any damages it deems appro18 priate; and 

19 ‘‘(C) direct the recovery of full costs, in20 cluding awarding reasonable attorneys’ fees to 

21 an aggrieved party who prevails. 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) AVAILABLE ONLINE.—The term ‘available 

24 online’ means both available over the Internet and 


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1 through applications, software, or other similar serv2 ices on a mobile device. 

3 ‘‘(2) DISPUTE.—The term ‘dispute’ includes— 

4 ‘‘(A) a dispute over carriage of the pro5 gramming provided by a video programming 

6 vendor to a multichannel video programming 

7 distributor or online video distributor; and 

8 ‘‘(B) a dispute over carriage of the pro9 gramming provided by a television licensee or 

10 television network under section 325(b) of this 

11 Act. 

12 ‘‘(3) ENTITY THAT IS AGGRIEVED.—The term 

13 ‘entity that is aggrieved’ includes— 

14 ‘‘(A) a consumer whose access to online 

15 video programming has been restricted in viola16 tion of this section; and 

17 ‘‘(B) a multichannel video programming 

18 distributor or its affiliate, or an online video 

19 distributor or its affiliate, that has had a sub20 scriber’s access to online video programming re21 stricted in violation of this section. 

22 ‘‘SEC. 669. REMEDIES AND ADJUDICATIONS. 

23 ‘‘(a) ADJUDICATORY PROCEEDINGS.—Any online 

24 video distributor aggrieved by conduct that it alleges con25 stitutes a violation of this part, or the regulations of the 


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1 Commission under this part, may commence an adjudica2 tory proceeding at the Commission. 

3 ‘‘(b) REMEDIES.— 

4 ‘‘(1) REMEDIES AUTHORIZED.— 

5 ‘‘(A) INTERIM REMEDIES.—The Commis6 sion may authorize interim remedies during the 

7 pendency of a complaint. 

8 ‘‘(B) APPROPRIATE REMEDIES.—Upon 

9 completion of an adjudicatory proceeding under 

10 this section, the Commission shall have the 

11 power to order appropriate remedies, including, 

12 if necessary, the power to establish prices, 

13 terms, and conditions of sale of programming to 

14 the aggrieved online video distributor. 

15 ‘‘(2) ADDITIONAL REMEDIES.—The remedies 

16 provided in paragraph (1) are in addition to and not 

17 in lieu of the remedies available under title V or any 

18 other provision of this Act. 

19 ‘‘(c) PROCEDURES.—In promulgating regulations to 

20 implement this part, the Commission shall— 

21 ‘‘(1) provide for an expedited review of any 

22 complaint made under this part, including a proce23 dural timeline to conclude the review of each com24 plaint not later than 180 days after the date the 

25 complaint is filed; 


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1 ‘‘(2) establish procedures for the Commission to 

2 collect any data, including the right to obtain copies 

3 of all contracts and documents reflecting any prac4 tice, understanding, arrangement, or agreement al5 leged to violate this part, as the Commission re6 quires to carry out this part; and 

7 ‘‘(3) provide for penalties to be assessed against 

8 any person filing a frivolous complaint under this 

9 part.’’. 

10 SEC. 202. FEDERAL COMMUNICATIONS COMMISSION RE11 PORT ON PEERING. 

12 (a) IN GENERAL.—The Commission shall study— 

13 (1) the status of peering, transit, and inter14 connection agreements related to the transport and 

15 delivery of content over the Internet and other IP16 based transmission paths; and 

17 (2) what impact the agreements under para18 graph (1) or disputes about the agreements under 

19 paragraph (1) have on consumers and competition 

20 with respect to online video. 

21 (b) REPORT.—Not later than 3 years after the date 

22 of enactment of this Act, the Commission shall report the 

23 findings of the study under subsection (a) to the Com24 mittee on Commerce, Science, and Transportation of the 


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1 Senate and the Committee on Energy and Commerce of 

2 the House of Representatives. 

3 TITLE III—NON-FACILITIES 

4 BASED MULTICHANNEL 

5 VIDEO PROGRAMMING DIS6 TRIBUTORS 

7 SEC. 301. NON-FACILITIES BASED MULTICHANNEL VIDEO 

8 PROGRAMMING DISTRIBUTORS. 

9 Title VI of the Communications Act of 1934 (47 

10 U.S.C. 521 et seq.), as amended by title II of this Act, 

11 is further amended by adding at the end the following: 

12 ‘‘PART VII—NON-FACILITIES BASED MULTI13 CHANNEL VIDEO PROGRAMMING DISTRIBU14 TORS 

15 ‘‘SEC. 671. DEFINITIONS. 

16 ‘‘In this part: 

17 ‘‘(1) DESIGNATED MARKET AREA.—The term 

18 ‘designated market area’ means a designated market 

19 area as determined by Nielsen Media Research or by 

20 any successor system of dividing broadcast television 

21 licensees into local markets that the Commission de22 termines is equivalent to the designated market area 

23 system created by Nielsen Media Research. 

24 ‘‘(2) LOCAL COMMERCIAL TELEVISION STA25 TION.—The term ‘local commercial television station’ 


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1 means, with respect to a subscriber to a non-facili2 ties based multichannel video programming dis3 tributor, any full power commercial television station 

4 licensed and operating on a channel regularly as5 signed to a community in the same designated mar6 ket area as the subscriber. 

7 ‘‘(3) LOCAL NONCOMMERCIAL EDUCATIONAL

8 TELEVISION STATION.—The term ‘local noncommer9 cial educational television station’ means, with re10 spect to a subscriber to a non-facilities based multi11 channel video programming distributor, a television 

12 broadcast station that is a noncommercial edu13 cational broadcast station (as defined in section 397 

14 of this Act), licensed and operating on a channel 

15 regularly assigned to a community in the same des16 ignated market area as the subscriber. 

17 ‘‘(4) NON-LOCAL COMMERCIAL TELEVISION

18 STATION.—The term ‘non-local commercial television 

19 station’ means, with respect to a subscriber to a 

20 non-facilities based multichannel video programming 

21 distributor, any full power commercial television sta22 tion licensed and operating on a channel regularly 

23 assigned to a community not located in the same 

24 designated market area as the subscriber. 


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1 ‘‘(5) VIDEO PROGRAMMING.—The term ‘video 

2 programming’ means programming provided by, or 

3 generally considered comparable to programming 

4 provided by, a television broadcast station, whether 

5 or not such programming is delivered using a por6 tion of the electromagnetic frequency spectrum. 

7 ‘‘SEC. 672. RIGHT TO ELECT STATUS. 

8 ‘‘(a) IN GENERAL.—Any online video distributor that 

9 provides programming in a manner reasonably equivalent 

10 to a multichannel video programming distributor may 

11 elect to be treated as a non-facilities based multichannel 

12 video programming distributor under this part. 

13 ‘‘(b) PROCEDURE FOR ELECTION.—Not later than 1 

14 year after the date of enactment of the Consumer Choice 

15 in Online Video Act, the Commission shall establish the 

16 form and procedures for an online video distributor to 

17 make the election permitted under subsection (a). 

18 ‘‘(c) DEFINITION OF REASONABLY EQUIVALENT.— 

19 For purposes of this section, the term ‘reasonably equiva20 lent’— 

21 ‘‘(1) means providing multiple channels of video 

22 programming that allow a subscriber to watch that 

23 programming in a fashion comparable to the services 

24 provided by multichannel video programming disVerDate Mar 15 2010 18:21 Nov 13, 2013 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1680.IS S1680

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1 tributors, regardless of the means used to transmit 

2 the multiple channels of video programming; 

3 ‘‘(2) shall be based upon the subscriber experi4 ence in using the service provided by the online video 

5 distributor, and not the underlying technology used 

6 by the online video distributor; and 

7 ‘‘(3) may include services that include the abil8 ity for a subscriber to record video programming 

9 and watch recorded programming at another time if 

10 the underlying video programming service being re11 corded conforms to this subsection. 

12 ‘‘SEC. 673. EFFECT OF ELECTION. 

13 ‘‘Any online video distributor that elects to be treated 

14 as a non-facilities based multichannel video programming 

15 distributor under section 672 shall have all of the rights 

16 and responsibilities under this part. 

17 ‘‘SEC. 674. FEDERAL COMMUNICATIONS COMMISSION PRO18 CEEDING. 

19 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

20 date of enactment of the Consumer Choice in Online Video 

21 Act, the Commission shall— 

22 ‘‘(1) determine whether any of its rules and 

23 regulations applicable to a multichannel video pro24 gramming distributor shall also be applied, in the 


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1 public interest, to a non-facilities based multichannel 

2 video programming distributor; 

3 ‘‘(2) require a non-facilities based multichannel 

4 video programming distributor to comply with the 

5 access to broadcast time requirement under section 

6 312(a)(7) of this Act and the use of facilities re7 quirements under section 315 of this Act; 

8 ‘‘(3) consider whether it is in the public interest 

9 for the Commission to adopt minimum technical 

10 quality standards for a non-facilities based multi11 channel video programming distributor; and 

12 ‘‘(4) adopt any other rules the Commission con13 siders necessary to implement this part. 

14 ‘‘(b) LIMITATION.—The Commission shall not re15 quire, as part of its rulemaking under subsection (a), a 

16 non-facilities based multichannel video programming dis17 tributor to comply with the basic tier and tier buy-through 

18 requirement under section 623(b)(7). 

19 ‘‘SEC. 675. PROGRAM ACCESS FOR NON-FACILITIES BASED 

20 MULTICHANNEL VIDEO PROGRAMMING DIS21 TRIBUTORS. 

22 ‘‘(a) IN GENERAL.—The Commission shall prohibit 

23 practices, understandings, arrangements, and activities, 

24 including any exclusive contract for video programming 

25 between a multichannel video programming distributor 


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1 and a video programming vendor or an online video dis2 tributor and a video programming vendor that prevents 

3 a non-facilities based multichannel video programming 

4 distributor from obtaining programming from any video 

5 programming vendor. 

6 ‘‘(b) SPECIFIC ACTIONS PROHIBITED.— 

7 ‘‘(1) MATERIAL PARITY RESTRICTIONS.—A 

8 multichannel video programming distributor or an 

9 online video distributor may not include in any con10 tract with a video programming vendor any provi11 sion that requires the multichannel video program12 ming distributor or online video distributor, as appli13 cable, to be treated in material parity with other 

14 similarly situated multichannel video programming 

15 distributors or online video distributors with regard 

16 to pricing or other terms and conditions of carriage 

17 of video programming. 

18 ‘‘(2) RETALIATION PROHIBITED.—A multi19 channel video programming distributor or an online 

20 video distributor may not retaliate against— 

21 ‘‘(A) any video programming vendor for 

22 making its video programming available to a 

23 non-facilities based multichannel video program24 ming distributor; 


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1 ‘‘(B) any non-facilities based multichannel 

2 video programming distributor for obtaining 

3 video programming from a video programming 

4 vendor; or 

5 ‘‘(C) any entity for exercising a right 

6 under this Act. 

7 ‘‘SEC. 676. CONSUMER CHOICE IN VIDEO PROGRAMMING. 

8 ‘‘(a) IN GENERAL.—As part of the rulemaking re9 quired by section 674, the Commission shall determine 

10 what, if any, additional steps it should take, in the public 

11 interest, to allow a non-facilities based multichannel video 

12 programming vendor to offer a subscriber greater choice 

13 over the video programming that is part of the sub14 scriber’s service. 

15 ‘‘(b) CONSIDERATIONS.—As part of the proceeding 

16 under subsection (a), the Commission shall consider 

17 whether to limit a video programming vendor’s use of cer18 tain contractual terms and conditions that disincentivize 

19 or impede the ability of a subscriber to have greater choice 

20 over the video programming packages or options the sub21 scriber can purchase from a non-facilities based multi22 channel video programming vendor. 

23 ‘‘(c) LIMITATION.—The Commission shall not compel 

24 a video programming vendor to sell its video programming 


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1 to a non-facilities based multichannel video programming 

2 vendor as part of any rules adopted under this section. 

3 ‘‘SEC. 677. CARRIAGE OF COMMERCIAL BROADCAST TELE4 VISION SIGNALS. 

5 ‘‘(a) IN-MARKET BROADCAST TELEVISION SIG6 NALS.— 

7 ‘‘(1) IN GENERAL.—At the request of a non-fa8 cilities based multichannel video programming dis9 tributor serving a designated market area, a local 

10 commercial television broadcast station located in 

11 that designated market area shall enter into negotia12 tions for carriage of its content over that distribu13 tor’s system. 

14 ‘‘(2) GOOD FAITH REQUIREMENTS.—A local 

15 commercial television station subject to the duty to 

16 negotiate under paragraph (1) shall engage in good 

17 faith negotiations for carriage of its signal in the 

18 designated marketed area where the station is lo19 cated. The Commission shall define good faith for 

20 purposes of this paragraph. 

21 ‘‘(3) GOOD SIGNAL REQUIREMENTS.—A local 

22 commercial television broadcast station being carried 

23 by a non-facilities based multichannel video pro24 gramming distributor under this subsection shall be 


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1 responsible for delivering a good quality signal suit2 able for distribution by that distributor. 

3 ‘‘(b) OUT-OF-MARKET BROADCAST TELEVISION SIG4 NALS.— 

5 ‘‘(1) IN GENERAL.—In addition to any signal 

6 carried under subsection (a), a non-facilities based 

7 multichannel video programming distributor also 

8 may deliver to a subscriber the signal of a non-local 

9 commercial broadcast television station under this 

10 subsection and subsection (c). 

11 ‘‘(2) DEEMED SIGNIFICANTLY VIEWED.— 

12 ‘‘(A) IN GENERAL.—A signal of a non-local 

13 commercial broadcast television station deliv14 ered by a non-facilities based multichannel 

15 video programming distributor under this sec16 tion shall be deemed to be significantly viewed 

17 within the meaning of section 76.54 of title 47, 

18 Code of Federal Regulations. 

19 ‘‘(B) EXEMPTIONS.—The following regula20 tions shall not apply to a signal that is eligible 

21 to be carried under this subsection: 

22 ‘‘(i) Section 76.92 of title 47, Code of 

23 Federal Regulations (relating to cable net24 work non-duplication). 


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1 ‘‘(ii) Section 76.122 of title 47, Code 

2 of Federal Regulations (relating to satellite 

3 network non-duplication). 

4 ‘‘(iii) Section 76.101 of title 47, Code 

5 of Federal Regulations (relating to cable 

6 syndicated program exclusivity). 

7 ‘‘(iv) Section 76.123 of title 47, Code 

8 of Federal Regulations (relating to satellite 

9 syndicated program exclusivity). 

10 ‘‘(v) Section 76.111 of title 47, Code 

11 of Federal Regulations (relating to cable 

12 sports blackout). 

13 ‘‘(vi) Section 76.127 of title 47, Code 

14 of Federal Regulations (relating to satellite 

15 sports blackout). 

16 ‘‘(3) SUBSCRIBER PREFERENCE.—In delivering 

17 a non-local commercial broadcast television station 

18 signal to a subscriber under this subsection, and 

19 consistent with subsection (c)— 

20 ‘‘(A) the non-facilities based multichannel 

21 video programming distributor shall provide the 

22 subscriber with information regarding all sig23 nals that the distributor is capable of making 

24 available to the subscriber under this sub25 section; 


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1 ‘‘(B) the non-facilities based multichannel 

2 video programming distributor shall offer a sub3 scriber the option to choose each non-local com4 mercial television station signal the subscriber 

5 wants to receive as part of the subscriber’s 

6 service; and 

7 ‘‘(C) if a subscriber does not make a choice 

8 under subparagraph (B), the non-facilities 

9 based multichannel video programming dis10 tributor shall take reasonable steps to deliver to 

11 the subscriber the signal of each non-local com12 mercial television station that is closest in prox13 imity. 

14 ‘‘(4) DEFINITION OF CLOSEST IN PROXIMITY.— 

15 ‘‘(A) IN GENERAL.—For purposes of para16 graph (3), the term ‘closest in proximity’ means 

17 the non-local commercial television station 

18 whose community of license is the closest in dis19 tance to the subscriber’s place of residence. 

20 ‘‘(B) INCLUSIONS.—For purposes of para21 graph (3), the term ‘closest in proximity’ in22 cludes a non-local commercial television station 

23 located in a State other than the State of the 

24 subscriber’s place of residence. 

25 ‘‘(c) SUBSCRIBER RIGHTS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, a subscriber to a non-facilities 

3 based multichannel video programming distributor 

4 shall be entitled to receive programming from not 

5 more than 2 commercial television stations that are 

6 affiliates of the same television network and not 

7 more than 1 of the affiliates may be located in a 

8 designated market area where the subscriber does 

9 not reside. 

10 ‘‘(2) LOCAL SIGNAL NOT REQUIRED.—A non-fa11 cilities based multichannel video programming dis12 tributor shall not be required to carry the signal of 

13 a local commercial television station under sub14 section (a) as a condition to carrying and delivering 

15 to a consumer a non-local commercial broadcast tele16 vision signal under subsection (b). 

17 ‘‘(3) MOBILE PLATFORMS.—A subscriber shall 

18 have the right to view any commercial television sta19 tion signal provided to that subscriber under this 

20 section at any time and on any device, including a 

21 mobile device and any other device not permanently 

22 located in the subscriber’s place of residence, that a 

23 non-facilities based multichannel video programming 

24 distributor has made capable of delivering the dis25 tributor’s service to that subscriber. 


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1 ‘‘(d) LIMITS IN EXISTING PROGRAMMING AND AF2 FILIATION CONTRACTS.— 

3 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

4 entity selling or otherwise providing video program5 ming to be transmitted by a local or non-local com6 mercial television station to include in any contract, 

7 agreement, understanding, or arrangement with that 

8 station a limitation on the ability of the station to 

9 comply with the requirements of this section. 

10 ‘‘(2) EXISTING CONTRACTS.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), nothing in this section shall affect 

13 any contract, understanding, or arrangement 

14 that was entered into on or before December 1, 

15 2013. 

16 ‘‘(B) EXCEPTIONS.—No contract, under17 standing, or arrangement entered into on or be18 fore December 1, 2013, that violates this sec19 tion shall be enforceable by any person after the 

20 date that is 3 years after the date of enactment 

21 of the Consumer Choice in Online Video Act. 

22 ‘‘(C) LIMITATION ON RENEWALS.—A con23 tract, understanding, or arrangement that was 

24 entered into on or before December 1, 2013, 

25 but that is renewed or extended after the date 


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1 of enactment of the Consumer Choice in Online 

2 Video Act shall not be exempt under subpara3 graph (A). 

4 ‘‘SEC. 678. CARRIAGE OF NONCOMMERCIAL, EDUCATIONAL, 

5 AND INFORMATIONAL PROGRAMMING. 

6 ‘‘(a) LOCAL NONCOMMERCIAL EDUCATIONAL TELE7 VISION STATIONS.— 

8 ‘‘(1) IN GENERAL.—If a non-facilities based 

9 multichannel video programming distributor elects to 

10 carry a local commercial broadcast television signal 

11 under section 677(a), that non-facilities based multi12 channel video programming distributor shall carry, 

13 upon request, the signal of a local noncommercial 

14 educational television station located in the same 

15 designated market area of the local commercial tele16 vision broadcast station being carried under that 

17 section. 

18 ‘‘(2) CARRIAGE ONLY IN LOCAL MARKET.— 

19 ‘‘(A) IN GENERAL.—A local noncommercial 

20 educational television station shall be entitled to 

21 carriage only in the designated market area to 

22 which that station is assigned. 

23 ‘‘(B) SYSTEMS OF NONCOMMERCIAL EDU24 CATIONAL BROADCAST STATIONS.—In the case 

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1 cational broadcast stations licensed to a single 

2 State, public agency, or political, educational, or 

3 special purpose subdivision of a State, the car4 riage right under this subsection shall apply to 

5 any designated market area in the State where 

6 that system is located. 

7 ‘‘(3) GOOD SIGNAL REQUIREMENTS.—A local 

8 noncommercial educational television station that re9 quests to be carried by a non-facilities based multi10 channel video programming distributor under para11 graph (1) shall be responsible for delivering a good 

12 quality signal suitable for distribution by that dis13 tributor. 

14 ‘‘(b) CHANNEL RESERVATION REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—The Commission shall re16 quire a non-facilities based multichannel video pro17 gramming distributor to reserve a portion of its 

18 channel capacity, equal to not less than 3.5 percent 

19 or not more than 7 percent, exclusively for non20 commercial programming of an educational or infor21 mational nature. 

22 ‘‘(2) USE OF UNUSED CHANNEL CAPACITY.—A 

23 non-facilities based multichannel video programming 

24 distributor may use for any purpose any unused 

25 channel capacity required to be reserved under this 


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1 subsection pending the actual use of that channel 

2 capacity for noncommercial programming of an edu3 cational or informational nature. 

4 ‘‘(3) PRICES, TERMS, AND CONDITIONS.—A 

5 non-facilities based multichannel video programming 

6 distributor shall meet the requirements of this sub7 section by making channel capacity available to each 

8 national educational programming supplier, upon 

9 reasonable prices, terms, and conditions, as deter10 mined by the Commission under paragraph (5). 

11 ‘‘(4) EDITORIAL CONTROL.—A non-facilities 

12 based multichannel video programming distributor 

13 may not exercise any editorial control over any video 

14 programming provided under this subsection. 

15 ‘‘(5) LIMITATIONS.—In determining reasonable 

16 prices under paragraph (3)— 

17 ‘‘(A) the Commission, among other consid18 erations, shall consider the nonprofit character 

19 of the programming provider and any Federal 

20 funds used to support that programming; 

21 ‘‘(B) the Commission shall not permit the 

22 prices to exceed, for any channel capacity made 

23 available under this subsection, 50 percent of 

24 the total direct costs of making the channel ca25 pacity available; and 


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1 ‘‘(C) in the calculation of total direct costs, 

2 the Commission shall exclude— 

3 ‘‘(i) the marketing costs, general ad4 ministrative costs, and similar overhead 

5 costs of the non-facilities based multi6 channel video programming distributor; 

7 and 

8 ‘‘(ii) the revenue that the non-facili9 ties based multichannel video programming 

10 distributor might have obtained by making 

11 that channel capacity available to a video 

12 programming vendor. 

13 ‘‘(6) DEFINITION OF CHANNEL CAPACITY.—In 

14 this section, the term ‘channel capacity’ means the 

15 total number of channels of video programming pro16 vided to a subscriber by the non-facilities based mul17 tichannel video programming distributor, without re18 gard to whether that non-facilities based multi19 channel video programming distributor uses a por20 tion of the electromagnetic frequency spectrum to 

21 deliver that channel of video programming. 

22 ‘‘SEC. 679. LICENSING. 

23 ‘‘(a) IN GENERAL.—A non-facilities based multi24 channel video programming distributor that is carrying 


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1 any broadcast television station signal under section 677 

2 or section 678 shall— 

3 ‘‘(1) be considered to be a cable system under 

4 section 111 of title 17, United States Code; and 

5 ‘‘(2) be subject to— 

6 ‘‘(A) the statutory licensing requirements 

7 set forth in sections 111(c) and 111(e) of that 

8 title; 

9 ‘‘(B) payment of the fees required by sec10 tion 111(d) of that title; and 

11 ‘‘(C) the penalties under section 111 of 

12 that title for failure to pay the fees required by 

13 that section. 

14 ‘‘(b) LOCAL SERVICE AREA OF A PRIMARY TRANS15 MITTER.—For purposes of the application of section 111 

16 of title 17, United States Code, to a non-facilities based 

17 multichannel video programming distributor under this 

18 section— 

19 ‘‘(1) a local commercial television station’s local 

20 service area of a primary transmitter shall consist of 

21 the entirety of that station’s designated market area; 

22 and 

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1 mitter shall consist of the entirety of that station’s 

2 designated market area. 

3 ‘‘SEC. 680. EXCLUSION FROM FRANCHISE REQUIREMENTS. 

4 ‘‘A non-facilities based multichannel video program5 ming distributor shall not be subject to local franchising 

6 requirements under section 621 of this Act or otherwise 

7 be regulated by any franchising authority. 

8 ‘‘SEC. 681. PRIVACY PROTECTIONS. 

9 ‘‘(a) IN GENERAL.—A non-facilities based multi10 channel video programming distributor shall comply with 

11 the privacy protections applicable to satellite services as 

12 set forth in section 338(i) of this Act and the Commis13 sion’s regulations under that section. 

14 ‘‘(b) PENALTIES.—Any non-facilities based multi15 channel video programming distributor that fails to com16 ply with the provisions under section 338(i) of this Act, 

17 and the Commission’s regulations under that section, shall 

18 be subject to the penalties set forth in section 338(i)(7) 

19 of this Act. 

20 ‘‘SEC. 682. CONSUMER EQUIPMENT. 

21 ‘‘Not later than 1 year after the date of enactment 

22 of the Consumer Choice in Online Video Act, the Commis23 sion shall commence a proceeding to consider whether to 

24 adopt rules— 


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1 ‘‘(1) to establish standards to ensure that serv2 ices and platforms provided by a non-facilities based 

3 multichannel video programming distributor can 

4 interconnect and interface with— 

5 ‘‘(A) any Internet-capable television and 

6 television receiver; and 

7 ‘‘(B) any other Internet-capable consumer 

8 electronics equipment that facilitates the view9 ing of video programming on a television re10 ceiver; and 

11 ‘‘(2) to promote the commercial availability of 

12 other devices that will permit a consumer to access 

13 non-facilities based multichannel video programming 

14 distribution services and platforms over equipment 

15 of the consumer’s choice. 

16 ‘‘SEC. 683. EFFECTIVE COMPETITION STANDARD. 

17 ‘‘The number of households subscribing to a non-fa18 cilities based multichannel video programming distributor 

19 in a franchise area under this part shall not be considered 

20 for purposes of a determination by the Commission of 

21 whether a cable system is subject to effective competition 

22 in that franchise area under section 623 of this Act. 

23 ‘‘SEC. 684. REMEDIES AND ADJUDICATIONS. 

24 ‘‘(a) ADJUDICATORY PROCEEDINGS.—Any entity ag25 grieved by conduct that it alleges constitutes a violation 


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1 of this part, or the regulations of the Commission under 

2 this part, may commence an adjudicatory proceeding at 

3 the Commission. 

4 ‘‘(b) REMEDIES.— 

5 ‘‘(1) REMEDIES AUTHORIZED.— 

6 ‘‘(A) INTERIM REMEDIES.—The Commis7 sion may authorize interim remedies during the 

8 pendency of a complaint. 

9 ‘‘(B) APPROPRIATE REMEDIES.—Upon 

10 completion of an adjudicatory proceeding under 

11 this section, the Commission shall have the 

12 power to order appropriate remedies, including, 

13 if necessary, the power to establish prices, 

14 terms, and conditions of sale of programming 

15 to, or prices, terms, and conditions of the trans16 port of the content of, the aggrieved entity. 

17 ‘‘(2) ADDITIONAL REMEDIES.—The remedies 

18 provided in paragraph (1) are in addition to and not 

19 in lieu of the remedies available under title V or any 

20 other provision of this Act. 

21 ‘‘(c) PROCEDURES.—In promulgating regulations to 

22 implement this part, the Commission shall— 

23 ‘‘(1) provide for an expedited review of any 

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1 plaint not later than 180 days after the date the 

2 complaint is filed; 

3 ‘‘(2) establish procedures for the Commission to 

4 collect any data, including the right to obtain copies 

5 of all contracts and documents reflecting any prac6 tice, understanding, arrangement, or agreement al7 leged to violate this part, as the Commission re8 quires to carry out this part; and 

9 ‘‘(3) provide for penalties to be assessed against 

10 any person filing a frivolous complaint under this 

11 part.’’. 

12 TITLE IV—MISCELLANEOUS 

13 SEC. 401. TECHNICAL AND CONFORMING AMENDMENTS. 

14 Section 602(20) of title VI of the Communications 

15 Act of 1934 (47 U.S.C. 522(20)) is amended by inserting 

16 ‘‘unless expressly provided otherwise,’’ before ‘‘the term 

17 ‘video programming’ means’’. 

18 SEC. 402. PROVISIONS AS COMPLEMENTARY. 

19 The provisions of this Act are in addition to, and 

20 shall not affect the operation of, other Federal, State, or 

21 local laws or regulations regulating billing for Internet 

22 service, online video distribution, or non-facilities based 

23 multichannel video programming distributors, except if the 

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1 sions of this Act, the provisions of this Act shall be con2 trolling. 

3 SEC. 403. APPLICABILITY OF ANTITRUST LAWS. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed to alter or restrict in any manner 

6 the applicability of any Federal or State antitrust law. 

7 SEC. 404. SEVERABILITY. 

8 If any provision of this Act, an amendment made by 

9 this Act, or the application of such provision or amend10 ment to any person or circumstance is held invalid, the 

11 remainder of this Act, the amendments made by this Act, 

12 and the application of such provision or amendment to any 

13 person or circumstance shall not be affected thereby. 

Æ 


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