II 

113TH CONGRESS 

1ST SESSION S. 1789 

To amend the Communications Act of 1934 to establish signal quality and 

content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2013 

Ms. BALDWIN (for herself and Mr. MARKEY) 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 establish 

signal quality and content requirements for the carriage 

of public, educational, and governmental channels, to 

preserve support of such channels, 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. PEG SIGNAL QUALITY AND CONTENT; PRESER4 VATION OF SUPPORT OF PEG USE. 

5 (a) IN GENERAL.—Section 611 of the Communica6 tions Act of 1934 (47 U.S.C. 531) is amended— 


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1 (1) by redesignating subsection (f) as sub2 section (h); and 

3 (2) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) SIGNAL QUALITY AND CONTENT.— 

6 ‘‘(1) IN GENERAL.—A cable operator that oper7 ates a cable system with channel capacity designated 

8 under subsection (b) or that is required to provide 

9 channel capacity under subsection (g)(6) shall, with 

10 respect to such channel capacity— 

11 ‘‘(A) carry signals for public, educational, 

12 or governmental use from the point of origin of 

13 such signals to subscribers without material 

14 degradation and without altering or removing 

15 content or data provided as part of the public, 

16 educational, or governmental use; 

17 ‘‘(B) provide such signals to, and make 

18 such signals viewable by, every subscriber of the 

19 cable system without additional service or 

20 equipment charges; and 

21 ‘‘(C) provide to the appropriate local gov22 ernment subdivision, free of charge, any trans23 mission services and the use of any trans24 mission facilities that are necessary to meet the 

25 requirements of subparagraph (A). 


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1 ‘‘(2) ENFORCEMENT.—The requirements of this 

2 subsection may be enforced by— 

3 ‘‘(A) a local government subdivision; or 

4 ‘‘(B) a State. 

5 ‘‘(g) PRESERVATION OF SUPPORT OF PUBLIC, EDU6 CATIONAL, AND GOVERNMENTAL USE.— 

7 ‘‘(1) LEVEL OF SUPPORT REQUIRED.—In a 

8 State that adopts legislation affecting cable system 

9 franchising requirements relating to support for 

10 public, educational, or governmental use of a cable 

11 system that becomes effective after May 31, 2005, 

12 notwithstanding such legislation, a cable operator 

13 owes to any local government subdivision in which 

14 the operator provides cable service during a year be15 ginning after the date of enactment of this sub16 section an amount for such year to be determined by 

17 the local government subdivision, but not to exceed 

18 the greatest of the following: 

19 ‘‘(A) The amount of support provided in 

20 the last calendar year ending before the effec21 tive date of such State legislation. 

22 ‘‘(B) The average annual amount of sup23 port provided over the term of the franchise 

24 under which the cable operator was operating 


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1 on the day before the effective date of such 

2 State legislation. 

3 ‘‘(C) The amount of support that the cable 

4 operator is required to provide to such local 

5 government subdivision under such State legis6 lation during the year involved. 

7 ‘‘(D) An amount of support equal to 2 per8 cent of the gross revenues of the cable operator 

9 from the operation of the cable system to pro10 vide cable services in such local government 

11 subdivision during the year involved. 

12 ‘‘(2) FORMS OF SUPPORT.—For purposes of 

13 paragraph (1), support for public, educational, or 

14 governmental use of a cable system means all cash 

15 payments, in-kind support, and free services that the 

16 operator of the cable system, or its predecessor, pro17 vides to the local government subdivision for such 

18 use of the cable system. 

19 ‘‘(3) ADJUSTMENT FOR INFLATION.—For a 

20 year beginning on or after the effective date de21 scribed in subparagraphs (A) and (B) of paragraph 

22 (1), on the date that the Gross National Product 

23 Price Index is first published by the Bureau of Eco24 nomic Analysis after the end of June of such year, 

25 the amounts specified in such subparagraphs shall 


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1 be increased by the percentage increase, if any, in 

2 the Index published on such date from the Index 

3 first published after the end of June of the pre4 ceding year. 

5 ‘‘(4) CASH PAYMENTS.—A cable operator that 

6 owes amounts under paragraph (1) shall, beginning 

7 not later than 30 days after the date of enactment 

8 of this subsection, pay such amounts in cash— 

9 ‘‘(A) in accordance with the schedule for 

10 payment of franchise fees, communications 

11 taxes, or other similar assessments under any 

12 applicable franchise; or 

13 ‘‘(B) if there is no payment schedule for 

14 such assessments under an applicable franchise, 

15 in accordance with the most frequent payment 

16 schedule for such assessments under applicable 

17 State or local law. 

18 ‘‘(5) USES; DISPUTES.— 

19 ‘‘(A) USES.—Support provided to any local 

20 government subdivision under this subsection 

21 shall be dedicated to public, educational, or gov22 ernmental use of channel capacity. 

23 ‘‘(B) DISPUTES.— 

24 ‘‘(i) MEDIATION.—If there is a dis25 pute as to amounts owed under this subVerDate Mar 15 2010 02:15 Dec 11, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1789.IS S1789

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1 section, undisputed amounts shall be paid 

2 to the local government subdivision, dis3 puted amounts shall be paid into an escrow 

4 account, and the parties shall submit to 

5 nonbinding mediation. 

6 ‘‘(ii) COURT PROCEEDINGS.—If the 

7 dispute cannot be settled using mediation, 

8 either party may seek relief from a court 

9 of competent jurisdiction. 

10 ‘‘(6) CHANNELS.—In a State that adopts legis11 lation affecting cable system franchising require12 ments relating to the number of channels for public, 

13 educational, or governmental use of a cable system 

14 that becomes effective after May 31, 2005, a cable 

15 operator shall, notwithstanding such legislation, pro16 vide in a local government subdivision at least the 

17 greater of the following number of channels for such 

18 use: 

19 ‘‘(A) The number of channels for such use 

20 that the operator was providing in the local gov21 ernment subdivision on the day before the effec22 tive date of such State legislation. 

23 ‘‘(B) If the operator provided fewer than 3 

24 channels for such use in the local government 

25 subdivision on the day before the effective date 


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1 of such State legislation, a number specified by 

2 the local government subdivision, but not to ex3 ceed 3. 

4 ‘‘(7) ENFORCEMENT.—The requirements of this 

5 subsection may be enforced by— 

6 ‘‘(A) a local government subdivision; or 

7 ‘‘(B) a State.’’. 

8 (b) DEFINITIONS.— 

9 (1) CABLE SERVICE.—Section 602(6) of the 

10 Communications Act of 1934 (47 U.S.C. 522(6)) is 

11 amended by striking ‘‘means’’ and inserting ‘‘means, 

12 regardless of the technology or transmission protocol 

13 used in the provision of service’’. 

14 (2) LOCAL GOVERNMENT SUBDIVISION.—Sec15 tion 602 of the Communications Act of 1934 (47 

16 U.S.C. 522) is amended— 

17 (A) by redesignating paragraphs (13) 

18 through (20) as paragraphs (14) through (21), 

19 respectively; and 

20 (B) by inserting after paragraph (12) the 

21 following: 

22 ‘‘(13) the term ‘local government subdivision’ 

23 means— 

24 ‘‘(A) except as provided in subparagraph 

25 (B), a franchising authority that derives its 


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1 power to grant a franchise from State or local 

2 law; and 

3 ‘‘(B) in a State that adopts legislation af4 fecting cable system franchising requirements 

5 relating to support for public, educational, or 

6 governmental use of a cable system that be7 comes effective after May 31, 2005, an entity 

8 that was considered a franchising authority de9 riving its power to grant a franchise from State 

10 or local law as of the day before the effective 

11 date of such State legislation;’’. 

12 (3) FRANCHISE FEE.—Section 622(g)(2) of the 

13 Communications Act of 1934 (47 U.S.C. 542(g)(2)) 

14 is amended— 

15 (A) in subparagraph (B), by striking ‘‘in 

16 the case of any franchise in effect on the date 

17 of enactment of this title,’’; 

18 (B) by striking subparagraph (C); and 

19 (C) by redesignating subparagraphs (D) 

20 and (E) as subparagraphs (C) and (D), respec21 tively. 

Æ 


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