II 

113TH CONGRESS 

1ST SESSION S. 912 

To allow multichannel video programming distributors to provide video 

programming to subscribers on an a la carte basis, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2013 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To allow multichannel video programming distributors to provide video programming to subscribers on an a la carte 

basis, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Television Consumer 

5 Freedom Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘a la carte’’ means offering video 

9 programming for purchase, whether on a wholesale 

10 or retail basis, on an individual, per-channel basis 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 912 IS

1 rather than as part of a package or tier of video pro2 gramming; 

3 (2) the terms ‘‘channel’’, ‘‘multichannel video 

4 programming distributor’’, and ‘‘video program5 ming’’ have the meaning given those terms in section 

6 602 of the Communications Act of 1934 (47 U.S.C. 

7 522); 

8 (3) the term ‘‘Commission’’ means the Federal 

9 Communications Commission; 

10 (4) the term ‘‘local commercial television sta11 tion’’ has the meaning given that term in section 

12 614(h) of the Communications Act of 1934 (47 

13 U.S.C. 534(h)); 

14 (5) the term ‘‘qualified local noncommercial 

15 educational television station’’ has the meaning 

16 given that term in section 615(l) of the Communica17 tions Act of 1934 (47 U.S.C. 535(l)); and 

18 (6) the term ‘‘video programming vendor’’ has 

19 the meaning given that term in section 76.1300 of 

20 subpart Q of part 76 of subchapter C of chapter I 

21 of title 47, Code of Federal Regulations (47 C.F.R. 

22 76.1300). 

23 SEC. 3. A LA CARTE CHANNELS OF VIDEO PROGRAMMING. 

24 (a) IN GENERAL.—Except as provided in section 

25 623(b)(7) of the Communications Act of 1934 (47 U.S.C. 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 912 IS

1 543(b)(7)), and notwithstanding any other provision of 

2 law, or any regulation prescribed by the Commission, a 

3 multichannel video programming distributor may provide 

4 subscribers with any channel of video programming on an 

5 la carte basis. 

6 (b) INCENTIVES TO OFFER CHANNELS OF VIDEO

7 PROGRAMMING ON AN A LA CARTE BASIS.—Notwith8 standing any other provision of law, or regulation pre9 scribed by the Commission— 

10 (1) the retransmission by a multichannel video 

11 programming distributor of a local commercial tele12 vision station that has elected retransmission con13 sent under section 325(b) of the Communications 

14 Act of 1934 (47 U.S.C. 325(b)) shall not be subject 

15 to the statutory license under sections 111(c) and 

16 122 of title 17, United States Code, if the multi17 channel video programming distributor does not 

18 offer such local commercial television station, and 

19 any other channels of video programming under 

20 common control with such local commercial tele21 vision station, for purchase by subscribers on an a 

22 la carte basis; 

23 (2) a local commercial television station may 

24 not elect retransmission consent under section 

25 325(b) of the Communications Act of 1934 (47 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 912 IS

1 U.S.C. 325(b)) or avail itself of the protections of 

2 the network program non-duplication and syndicated 

3 exclusivity regulations under subpart F of part 76 of 

4 subchapter C of chapter I of title 47, Code of Fed5 eral Regulations (47 C.F.R. 76.92 et seq.), if such 

6 local commercial television station, and any other 

7 channels of video programming under common con8 trol with such local commercial television station, is 

9 not made available to multichannel video program10 ming distributors for purchase or sale on an a la 

11 carte basis; and 

12 (3) a video programming vendor may offer a 

13 channel of video programming for purchase by a 

14 multichannel video programming distributor as part 

15 of a package of video programming only if such 

16 video programming vendor also offers such channel 

17 of video programming for purchase by the multi18 channel video programming distributor on an a la 

19 carte basis. 

20 (c) MINIMUM CONTENTS OF BASIC TIER.—The Com21 munications Act of 1934 (47 U.S.C. 151 et seq.) is 

22 amended— 

23 (1) in section 623 (47 U.S.C. 543)— 

24 (A) in subsection (b)(7)(A)— 

25 (i) by striking clauses (i) and (iii); 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 912 IS

1 (ii) by redesignating clause (ii) as 

2 clause (i); and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(ii) All local commercial television 

6 stations and qualified low power stations 

7 carried in fulfillment of the election under 

8 section 325(b) by the station of its right to 

9 mandatory carriage under section 614. 

10 ‘‘(iii) All qualified local noncommercial 

11 educational television stations carried in 

12 fulfillment of a request for carriage under 

13 section 615.’’; and 

14 (B) in subsection (l), by adding at the end 

15 the following: 

16 ‘‘(3) The terms ‘local commercial television sta17 tion’ and ‘qualified low power station’ have the 

18 meaning given those terms in section 614(h).’’; 

19 (2) in section 614(b) (47 U.S.C. 534(b))— 

20 (A) by striking paragraph (6) and redesig21 nating paragraphs (7), (8), (9), and (10) as 

22 paragraphs (6), (7), (8), and (9), respectively; 

23 and 

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

25 striking ‘‘Signals carried in fulfillment of the 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 912 IS

1 requirements of this section’’ and inserting ‘‘All 

2 local commercial television stations and quali3 fied low power stations carried in fulfillment of 

4 the election by the station of its right to man5 datory carriage under this section’’; and 

6 (3) in section 615(h) (47 U.S.C. 535(h)), by 

7 striking ‘‘lowest priced service tier that includes the 

8 retransmission of local commercial television broad9 cast signals.’’ and inserting ‘‘basic service tier.’’. 

10 (d) DISCLOSURE REQUIREMENT.—If a multichannel 

11 video programming distributor and a video programming 

12 vendor fail to reach agreement regarding the terms, in13 cluding price, for the purchase by the multichannel video 

14 programming distributor of the right to provide sub15 scribers with a local commercial television station or other 

16 channel of video programming from the video program17 ming vendor on an a la carte basis, the multichannel video 

18 programming distributor and the video programming ven19 dor each shall disclose to the Commission the terms of 

20 the most recent offer made by the multichannel video pro21 gramming distributor and the video programming vendor, 

22 respectively. 

23 SEC. 4. SPECTRUM USE IN THE PUBLIC INTEREST. 

24 Section 325(b) of the Communications Act of 1934 

25 (47 U.S.C. 325(b)) is amended— 


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 912 IS

1 (1) by redesignating paragraphs (6) and (7) as 

2 paragraphs (7) and (8), respectively; and 

3 (2) after paragraph (5), by inserting the fol4 lowing: 

5 ‘‘(6) PARITY FOR OVER-THE-AIR AND MULTI6 CHANNEL VIDEO PROGRAMMING VIEWERS.— 

7 ‘‘(A) IN GENERAL.—A television broadcast 

8 station that does not retransmit the signal over9 the-air that is identical to the signal retrans10 mitted to a multichannel video programming 

11 distributor shall forfeit any spectrum license of 

12 such television broadcast station. 

13 ‘‘(B) REALLOCATION AND REASSIGNMENT

14 OF SPECTRUM LICENSE.—Any spectrum license 

15 forfeited pursuant to subparagraph (A) shall be 

16 reallocated and reassigned by the Commission 

17 pursuant to section 309(j). 

18 ‘‘(C) EXCEPTION.—Subparagraph (A) 

19 shall not apply to content that is a commercial 

20 advertisement that is not more than 60 seconds 

21 in duration. 

22 ‘‘(D) DEFINITIONS.—In this paragraph— 

23 ‘‘(i) the terms ‘multicast stream’ and 

24 ‘primary stream’ have the meaning given 


jbell on DSK7SPTVN1PROD with BILLS
8 

•S 912 IS

1 those terms in section 119(d) of title 17, 

2 United States Code; and 

3 ‘‘(ii) the term ‘multichannel video pro4 gramming distributor’ has the meaning 

5 given that term in section 602 (47 U.S.C. 

6 522).’’. 

7 SEC. 5. SPORTS BLACKOUT REPEAL FOR PUBLICLY FI8 NANCED STADIUMS. 

9 The Commission shall amend subpart F of part 76 

10 of subchapter C of chapter I of title 47, Code of Federal 

11 Regulations (47 C.F.R. 76.92 et seq.), to prohibit the ap12 plication of sports blackout regulations to the broadcast 

13 of a sporting event taking place in a venue the construc14 tion of which was financed, in whole or in part, by the 

15 Federal Government or a State or local government. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS