I 

113TH CONGRESS 

1ST SESSION H. R. 3720 

To repeal certain provisions of the Communications Act of 1934, title 17 

of the United States Code, and the regulations of the Federal Communications Commission that intervened in the television marketplace, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

Mr. SCALISE (for himself and Mr. GARDNER) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To repeal certain provisions of the Communications Act of 

1934, title 17 of the United States Code, and the regulations of the Federal Communications Commission that 

intervened in the television marketplace, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

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1 SEC. 2. REPEAL OF REGULATORY INTERVENTION IN THE 

2 TELEVISION MARKETPLACE UNDER THE 

3 COMMUNICATIONS ACT OF 1934. 

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

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

6 hereby repealed: 

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

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

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

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

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

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

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

14 (b) ADDITIONAL REPEAL.—Section 325 of the Com15 munications Act of 1934 (47 U.S.C. 325) is amended— 

16 (1) by striking subsections (b) and (e); and 

17 (2) by redesignating subsections (c) and (d) as 

18 subsections (b) and (c), respectively. 

19 (c) AMENDMENTS.— 

20 (1) SECTION 338.—Section 338 of the Commu21 nications Act of 1934 (47 U.S.C. 338) is amended 

22 to read as follows: 

23 ‘‘SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY 

24 SATELLITE CARRIERS. 

25 ‘‘(a) CARRIAGE OBLIGATIONS.— 

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1 ‘‘(1) IN GENERAL.—Each satellite carrier pro2 viding signals of a qualified noncommercial edu3 cational television station in that station’s local mar4 ket shall carry upon request the signals of all quali5 fied noncommercial educational television stations lo6 cated within that local market. 

7 ‘‘(2) LOW POWER STATION CARRIAGE OP8 TIONAL.—No low power television station shall be 

9 entitled to insist on carriage under this section, nor 

10 shall any such carriage be considered in connection 

11 with the requirements of subsection (c). 

12 ‘‘(b) GOOD SIGNAL REQUIRED.—A qualified non13 commercial educational television station asserting its 

14 right to carriage under subsection (a) shall be required 

15 to bear the costs associated with delivering a good quality 

16 signal to the designated local receive facility of the satellite 

17 carrier or to another facility that is acceptable to at least 

18 one-half the stations asserting the right to carriage in the 

19 local market. 

20 ‘‘(c) DUPLICATION NOT REQUIRED.—The Commis21 sion shall prescribe regulations limiting the carriage re22 quirements under subsection (a) of satellite carriers with 

23 respect to the carriage of multiple qualified noncommercial 

24 educational television stations. To the extent possible, 

25 such regulations shall provide the same degree of carriage 

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1 by satellite carriers of such multiple stations as is provided 

2 by cable systems under section 615. 

3 ‘‘(d) CHANNEL POSITIONING.—No satellite carrier 

4 shall be required to provide the signal of a qualified non5 commercial educational television station to subscribers in 

6 that station’s local market on any particular channel num7 ber or to provide the signals in any particular order, ex8 cept that the satellite carrier shall retransmit the signal 

9 of the qualified noncommercial educational television sta10 tion to subscribers in the station’s local market on chan11 nels reasonably contiguous with other television broadcast 

12 channels and provide access to such station’s signals at 

13 a nondiscriminatory price and in a nondiscriminatory 

14 manner on any navigational device, on-screen program 

15 guide, or menu. 

16 ‘‘(e) COMPENSATION FOR CARRIAGE.—A satellite 

17 carrier shall not accept or request monetary payment or 

18 other valuable consideration in exchange either for car19 riage of qualified noncommercial educational television 

20 stations in fulfillment of the requirements of this section 

21 or for channel positioning rights provided to such stations 

22 under this section, except that any such station may be 

23 required to bear the costs associated with delivering a good 

24 quality signal to the local receive facility of the satellite 

25 carrier. 

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1 ‘‘(f) REMEDIES.— 

2 ‘‘(1) COMPLAINTS BY BROADCAST STATIONS.— 

3 Whenever a qualified noncommercial educational tel4 evision station believes that a satellite carrier has 

5 failed to meet its obligations under subsections (b) 

6 through (e), such station shall notify the carrier, in 

7 writing, of the alleged failure and identify its rea8 sons for believing that the satellite carrier failed to 

9 comply with such obligations. The satellite carrier 

10 shall, within 30 days after such written notification, 

11 respond in writing to such notification and comply 

12 with such obligations or state its reasons for believ13 ing that it is in compliance with such obligations. A 

14 qualified noncommercial educational television sta15 tion that disputes a response by a satellite carrier 

16 that it is in compliance with such obligations may 

17 obtain review of such denial or response by filing a 

18 complaint with the Commission. Such complaint 

19 shall allege the manner in which such satellite car20 rier has failed to meet its obligations and the basis 

21 for such allegations. 

22 ‘‘(2) OPPORTUNITY TO RESPOND.—The Com23 mission shall afford the satellite carrier against 

24 which a complaint is filed under paragraph (1) an 

25 opportunity to present data and arguments to estabmaindgalligan on DSK5TPTVN1PROD with BILLS

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1 lish that there has been no failure to meet its obliga2 tions under this section. 

3 ‘‘(3) REMEDIAL ACTIONS; DISMISSAL.—Within 

4 120 days after the date a complaint is filed under 

5 paragraph (1), the Commission shall determine 

6 whether the satellite carrier has met its obligations 

7 under subsections (b) through (e). If the Commis8 sion determines that the satellite carrier has failed 

9 to meet such obligations, the Commission shall order 

10 the satellite carrier to take appropriate remedial ac11 tion. If the Commission determines that the satellite 

12 carrier has fully met the requirements of such sub13 sections, the Commission shall dismiss the com14 plaint. 

15 ‘‘(g) PRIVACY RIGHTS OF SATELLITE SUB16 SCRIBERS.— 

17 ‘‘(1) NOTICE.—At the time of entering into an 

18 agreement to provide any satellite service or other 

19 service to a subscriber and at least once a year 

20 thereafter, a satellite carrier shall provide notice in 

21 the form of a separate, written statement to such 

22 subscriber that clearly and conspicuously informs 

23 the subscriber of— 

24 ‘‘(A) the nature of personally identifiable 

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1 spect to the subscriber and the nature of the 

2 use of such information; 

3 ‘‘(B) the nature, frequency, and purpose of 

4 any disclosure which may be made of such in5 formation, including an identification of the 

6 types of persons to whom the disclosure may be 

7 made; 

8 ‘‘(C) the period during which such infor9 mation will be maintained by the satellite car10 rier; 

11 ‘‘(D) the times and place at which the sub12 scriber may have access to such information in 

13 accordance with paragraph (5); and 

14 ‘‘(E) the limitations provided by this sub15 section with respect to the collection and disclo16 sure of information by a satellite carrier and 

17 the right of the subscriber under paragraphs 

18 (7) and (9) to enforce such limitations. 

19 In the case of subscribers who have entered into 

20 such an agreement before February 6, 2005, such 

21 notice shall be provided within 180 days of such date 

22 and at least once a year thereafter. 

23 ‘‘(2) DEFINITIONS.—For purposes of this sub24 section, other than paragraph (9)— 

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1 ‘‘(A) the term ‘personally identifiable infor2 mation’ does not include any record of aggre3 gate data which does not identify particular 

4 persons; 

5 ‘‘(B) the term ‘other service’ includes any 

6 wire or radio communications service provided 

7 using any of the facilities of a satellite carrier 

8 that are used in the provision of satellite serv9 ice; and 

10 ‘‘(C) the term ‘satellite carrier’ includes, in 

11 addition to persons within the definition of sat12 ellite carrier, any person who— 

13 ‘‘(i) is owned or controlled by, or 

14 under common ownership or control with, 

15 a satellite carrier; and 

16 ‘‘(ii) provides any wire or radio com17 munications service. 

18 ‘‘(3) PROHIBITIONS.— 

19 ‘‘(A) CONSENT TO COLLECTION.—Except 

20 as provided in subparagraph (B), a satellite 

21 carrier shall not use any facilities used by the 

22 satellite carrier to collect personally identifiable 

23 information concerning any subscriber without 

24 the prior written or electronic consent of the 

25 subscriber concerned. 

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1 ‘‘(B) EXCEPTIONS.—A satellite carrier 

2 may use such facilities to collect such informa3 tion in order to— 

4 ‘‘(i) obtain information necessary to 

5 render a satellite service or other service 

6 provided by the satellite carrier to the sub7 scriber; or 

8 ‘‘(ii) detect unauthorized reception of 

9 satellite communications. 

10 ‘‘(4) DISCLOSURE.— 

11 ‘‘(A) CONSENT TO DISCLOSURE.—Except 

12 as provided in subparagraph (B), a satellite 

13 carrier shall not disclose personally identifiable 

14 information concerning any subscriber without 

15 the prior written or electronic consent of the 

16 subscriber concerned and shall take such ac17 tions as are necessary to prevent unauthorized 

18 access to such information by a person other 

19 than the subscriber or satellite carrier. 

20 ‘‘(B) EXCEPTIONS.—A satellite carrier 

21 may disclose such information if the disclosure 

22 is— 

23 ‘‘(i) necessary to render, or conduct a 

24 legitimate business activity related to, a 

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1 satellite service or other service provided 

2 by the satellite carrier to the subscriber; 

3 ‘‘(ii) subject to paragraph (9), made 

4 pursuant to a court order authorizing such 

5 disclosure, if the subscriber is notified of 

6 such order by the person to whom the 

7 order is directed; 

8 ‘‘(iii) a disclosure of the names and 

9 addresses of subscribers to any satellite 

10 service or other service, if— 

11 ‘‘(I) the satellite carrier has pro12 vided the subscriber the opportunity 

13 to prohibit or limit such disclosure; 

14 and 

15 ‘‘(II) the disclosure does not re16 veal, directly or indirectly, the— 

17 ‘‘(aa) extent of any viewing 

18 or other use by the subscriber of 

19 a satellite service or other service 

20 provided by the satellite carrier; 

21 or 

22 ‘‘(bb) the nature of any 

23 transaction made by the sub24 scriber over any facilities used by 

25 the satellite carrier; or 

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1 ‘‘(iv) to a government entity as au2 thorized under chapter 119, 121, or 206 of 

3 title 18, United States Code, except that 

4 such disclosure shall not include records 

5 revealing satellite subscriber selection of 

6 video programming from a satellite carrier. 

7 ‘‘(5) ACCESS BY SUBSCRIBER.—A satellite sub8 scriber shall be provided access to all personally 

9 identifiable information regarding that subscriber 

10 which is collected and maintained by a satellite car11 rier. Such information shall be made available to the 

12 subscriber at reasonable times and at a convenient 

13 place designated by such satellite carrier. A satellite 

14 subscriber shall be provided reasonable opportunity 

15 to correct any error in such information. 

16 ‘‘(6) DESTRUCTION OF INFORMATION.—A sat17 ellite carrier shall destroy personally identifiable in18 formation if the information is no longer necessary 

19 for the purpose for which it was collected and there 

20 are no pending requests or orders for access to such 

21 information under paragraph (5) or pursuant to a 

22 court order. 

23 ‘‘(7) PENALTIES.—Any person aggrieved by 

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1 section may bring a civil action in a United States 

2 district court. The court may award— 

3 ‘‘(A) actual damages but not less than liq4 uidated damages computed at the rate of $100 

5 a day for each day of violation or $1,000, 

6 whichever is higher; 

7 ‘‘(B) punitive damages; and 

8 ‘‘(C) reasonable attorneys’ fees and other 

9 litigation costs reasonably incurred. 

10 The remedy provided by this subsection shall be in 

11 addition to any other lawful remedy available to a 

12 satellite subscriber. 

13 ‘‘(8) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection shall be construed to prohibit any 

15 State from enacting or enforcing laws consistent 

16 with this subsection for the protection of subscriber 

17 privacy. 

18 ‘‘(9) COURT ORDERS.—Except as provided in 

19 paragraph (4)(B)(iv), a governmental entity may ob20 tain personally identifiable information concerning a 

21 satellite subscriber pursuant to a court order only if, 

22 in the court proceeding relevant to such court 

23 order— 

24 ‘‘(A) such entity offers clear and con25 vincing evidence that the subject of the informaindgalligan on DSK5TPTVN1PROD with BILLS

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1 mation is reasonably suspected of engaging in 

2 criminal activity and that the information 

3 sought would be material evidence in the case; 

4 and 

5 ‘‘(B) the subject of the information is af6 forded the opportunity to appear and contest 

7 such entity’s claim. 

8 ‘‘(h) REGULATIONS BY COMMISSION.—The regula9 tions prescribed under this section shall include require10 ments on satellite carriers that are comparable to the re11 quirements on cable operators under paragraphs (1) and 

12 (2) of section 615(g). 

13 ‘‘(i) DEFINITIONS.—As used in this section: 

14 ‘‘(1) DISTRIBUTOR.—The term ‘distributor’ 

15 means an entity that contracts to distribute sec16 ondary transmissions from a satellite carrier and, ei17 ther as a single channel or in a package with other 

18 programming, provides the secondary transmission 

19 either directly to individual subscribers or indirectly 

20 through other program distribution entities. 

21 ‘‘(2) LOCAL RECEIVE FACILITY.—The term 

22 ‘local receive facility’ means the reception point in 

23 each local market which a satellite carrier designates 

24 for delivery of the signal of the station for purposes 

25 of retransmission. 

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1 ‘‘(3) LOCAL MARKET.— 

2 ‘‘(A) IN GENERAL.—The term ‘local mar3 ket’, in the case of a qualified noncommercial 

4 educational television station, means the des5 ignated market area in which a station is lo6 cated and includes any station that is licensed 

7 to a community within the same designated 

8 market area as such station. 

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

10 the area described in subparagraph (A), a sta11 tion’s local market includes the county in which 

12 the station’s community of license is located. 

13 ‘‘(C) DESIGNATED MARKET AREA.—For 

14 purposes of subparagraph (A), the term ‘des15 ignated market area’ means a designated mar16 ket area, as determined by Nielsen Media Re17 search and published in the 1999–2000 Nielsen 

18 Station Index Directory and Nielsen Station 

19 Index United States Television Household Esti20 mates or any successor publication. 

21 ‘‘(D) CERTAIN AREAS OUTSIDE OF ANY

22 DESIGNATED MARKET AREA.—Any census area, 

23 borough, or other area in the State of Alaska 

24 that is outside of a designated market area, as 

25 determined by Nielsen Media Research, shall be 

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1 deemed to be part of one of the local markets 

2 in the State of Alaska. A satellite carrier may 

3 determine which local market in the State of 

4 Alaska will be deemed to be the relevant local 

5 market in connection with each subscriber in 

6 such census area, borough, or other area. 

7 ‘‘(4) LOW POWER TELEVISION STATION.—The 

8 term ‘low power television station’ means a low 

9 power television station as defined under section 

10 74.701(f) of title 47, Code of Federal Regulations, 

11 as in effect on June 1, 2004. For purposes of this 

12 paragraph, the term ‘low power television station’ in13 cludes a low power television station that has been 

14 accorded primary status as a Class A television li15 censee under section 73.6001(a) of title 47, Code of 

16 Federal Regulations. 

17 ‘‘(5) QUALIFIED NONCOMMERCIAL EDU18 CATIONAL TELEVISION STATION.—The term ‘quali19 fied noncommercial educational television station’ 

20 has the meaning given such term in section 615. 

21 ‘‘(6) SATELLITE CARRIER.—The term ‘satellite 

22 carrier’ has the meaning given such term in section 

23 111(c) of title 17, United States Code. 

24 ‘‘(7) SUBSCRIBER.—The term ‘subscriber’ 

25 means a person or entity that receives a secondary 

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1 transmission service from a satellite carrier and pays 

2 a fee for the service, directly or indirectly, to the sat3 ellite carrier or to a distributor.’’. 

4 (2) SECTION 623.—Section 623 of the Commu5 nications Act of 1934 (47 U.S.C. 543) is amended 

6 to read as follows: 

7 ‘‘SEC. 623. REGULATION OF RATES AND BROADCAST SIG8 NAL CARRIAGE. 

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

10 may regulate— 

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

12 a multichannel video programming distributor; or 

13 ‘‘(2) the retransmission of television broadcast 

14 signals by a multichannel video programming dis15 tributor except in accordance with the requirements 

16 of sections 338 and 615 related to qualified non17 commercial educational television stations.’’. 

18 (d) CONFORMING AMENDMENTS.— 

19 (1) SECTION 309.—Section 309(c)(2)(F) of the 

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

21 309(c)(2)(F)) is amended by striking ‘‘section 

22 325(c)’’ and inserting ‘‘section 325(b)’’. 

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

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

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

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1 (3) SECTION 613.—Section 613 of the Commu2 nications Act of 1934 (47 U.S.C. 533) is amended 

3 by striking subsection (a). 

4 (4) SECTION 615.—Section 615 of the Commu5 nications Act of 1934 (47 U.S.C. 535) is amended— 

6 (A) in subsection (a), by striking ‘‘In addi7 tion to the carriage requirements set forth in 

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

9 (B) by striking subsection (f); and 

10 (C) in subsection (l), by striking paragraph 

11 (1) and inserting the following: 

12 ‘‘(1) QUALIFIED NONCOMMERCIAL EDU13 CATIONAL TELEVISION STATION.— 

14 ‘‘(A) IN GENERAL.—The term ‘qualified 

15 noncommercial educational television station’ 

16 means any full-power television broadcast sta17 tion which— 

18 ‘‘(i) under the rules and regulations of 

19 the Commission in effect on March 29, 

20 1990, is licensed by the Commission as a 

21 noncommercial educational television 

22 broadcast station and is owned and oper23 ated by a public agency, nonprofit founda24 tion, nonprofit corporation, or nonprofit 

25 association; or 

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1 ‘‘(ii) is owned and operated by a mu2 nicipality and transmits predominantly 

3 noncommercial programs for educational 

4 purposes. 

5 ‘‘(B) INCLUSIONS.—Such term includes— 

6 ‘‘(i) the translator of any noncommer7 cial educational television station with five 

8 watts or higher power serving the franchise 

9 area; 

10 ‘‘(ii) a full-service station or trans11 lator if such station or translator is li12 censed to a channel reserved for non13 commercial educational use pursuant to 

14 section 73.606 of title 47, Code of Federal 

15 Regulations, or any successor regulations 

16 thereto; and 

17 ‘‘(iii) such stations and translators op18 erating on channels not so reserved as the 

19 Commission determines are qualified as 

20 noncommercial educational stations.’’. 

21 (5) SECTION 621.—Section 621(b)(3)(D) of the 

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

23 541(b)(3)(D)) is amended by striking ‘‘sections 611 

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

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1 (6) SECTION 622.—Section 622(c) of the Com2 munications Act of 1934 (47 U.S.C. 542(c)) is 

3 amended by striking ‘‘pursuant to section 623’’. 

4 (7) SECTION 625.—Section 625 of the Commu5 nications Act of 1934 (47 U.S.C. 545) is amended— 

6 (A) in subsection (c)— 

7 (i) by striking ‘‘rearrange, replace,’’ 

8 and inserting ‘‘replace’’; 

9 (ii) in paragraph (1), by striking ‘‘; 

10 or’’ and inserting a period; 

11 (iii) by striking paragraph (2); and 

12 (iv) by striking ‘‘franchise if—’’ and 

13 all that follows through ‘‘such service is no 

14 longer’’ and inserting ‘‘franchise if such 

15 service is no longer’’; and 

16 (B) in subsection (d), by striking ‘‘, if the 

17 rates’’ and all that follows and inserting a pe18 riod. 

19 (8) SECTION 632.—Section 632(c) of the Com20 munications Act of 1934 (47 U.S.C. 552(c)) is 

21 amended by striking ‘‘section 623(b)(6) or’’. 

22 (9) SECTION 635.—Section 635(c) of the Com23 munications Act of 1934 (47 U.S.C. 555(c)) is 

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

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1 (10) SECTION 638.—Section 638 of the Commu2 nications Act of 1934 (47 U.S.C. 558) is amended 

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

4 section 612 or under similar arrangements’’. 

5 (11) SECTION 653.—Section 653 of the Commu6 nications Act of 1934 (47 U.S.C. 573) is amended— 

7 (A) in subsection (b)(1)— 

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

9 614,’’; 

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

11 ‘‘and’’ at the end; and 

12 (iii) by striking subparagraph (D) and 

13 redesignating subparagraph (E) as sub14 paragraph (D); and 

15 (B) in subsection (c)(1)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘(other than sub18 section (a) thereof)’’; and 

19 (II) by striking ‘‘623(f),’’; 

20 (ii) in subparagraph (B)— 

21 (I) by striking ‘‘, 614,’’; and 

22 (II) by striking ‘‘, and section 

23 325 of title III,’’; and 

24 (iii) in subparagraph (C)— 

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1 (I) by striking ‘‘sections 612 and 

2 617’’ and inserting ‘‘section 617’’; 

3 and 

4 (II) by striking ‘‘623(f),’’. 

5 SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE 

6 TELEVISION MARKETPLACE UNDER THE 

7 COPYRIGHT ACT. 

8 (a) IN GENERAL.— 

9 (1) REPEAL.—Sections 119, 122, and 510 of 

10 title 17, United States Code, are hereby repealed. 

11 (2) CONFORMING AMENDMENTS.—The table of 

12 sections at the beginning of— 

13 (A) chapter 1 of title 17, United States 

14 Code, is amended by striking the items related 

15 to sections 119 and 122; and 

16 (B) chapter 5 of title 17, United States 

17 Code, is amended by striking the item related 

18 to section 510. 

19 (b) AMENDMENTS.—Section 111 of title 17, United 

20 States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

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

24 such station’’ and inserting ‘‘designated 

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1 market area (as defined in section 

2 501(f)(2))’’; and 

3 (ii) by striking ‘‘or’’ after the semi4 colon; 

5 (B) in paragraph (2) by striking ‘‘or’’ after 

6 the semicolon; and 

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

8 follows: 

9 ‘‘(4) the secondary transmission— 

10 ‘‘(A) is made by— 

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

12 section 615 of the Communications Act of 

13 1934 (47 U.S.C. 535); or 

14 ‘‘(ii) a satellite carrier in accordance 

15 with section 338 of the Communications 

16 Act of 1934 (47 U.S.C. 338); and 

17 ‘‘(B) is consistent with the rules, regula18 tions, and authorizations of the Federal Com19 munications Commission; or’’; 

20 (2) in subsection (b) by striking ‘‘subsections 

21 (a) and (c)’’ and inserting ‘‘subsection (a)’’; 

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

23 (4) by redesignating subsection (f) as sub24 section (c); and 

25 (5) in subsection (c), as so redesignated— 

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1 (A) in paragraph (3), by striking the sec2 ond sentence; 

3 (B) by striking paragraphs (4) through 

4 (13); and 

5 (C) by adding at the end the following new 

6 paragraphs: 

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

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

9 satellite or satellite service licensed by the Federal 

10 Communications Commission and operates in the 

11 Fixed-Satellite Service or the Direct Broadcast Sat12 ellite Service under part 25 of title 47, Code of Fed13 eral Regulations, to establish and operate a channel 

14 of communications for point-to-multipoint distribu15 tion of television station signals, and that owns or 

16 leases a capacity or service on a satellite in order to 

17 provide such point-to-multipoint distribution, except 

18 to the extent that such entity provides such distribu19 tion pursuant to tariff under the Communications 

20 Act of 1934 (47 U.S.C. 151 et seq.), other than for 

21 private home viewing. 

22 ‘‘(5) PRIVATE HOME VIEWING.—The term ‘pri23 vate home viewing’ means the viewing, for private 

24 use in a household by means of satellite reception 

25 equipment that is operated by an individual in that 

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1 household and that serves only such household, of a 

2 secondary transmission delivered by a satellite car3 rier of a primary transmission of a television station 

4 licensed by the Federal Communications Commis5 sion.’’. 

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

7 States Code, is amended— 

8 (1) in section 106, by striking ‘‘122’’ and in9 serting ‘‘121’’; 

10 (2) in section 110(8), by striking ‘‘section 

11 111(f)’’ and inserting ‘‘section 111(c)’’; 

12 (3) in section 114(d)(1)(B)(iii), by striking 

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

14 (4) in section 501— 

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

16 and inserting ‘‘121’’; 

17 (B) by striking subsections (c), (d), and 

18 (e); and 

19 (C) by amending subsection (f) to read as 

20 follows: 

21 ‘‘(f)(1) With respect to any secondary transmission 

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

23 of a performance or display of a work embodied in a pri24 mary transmission and is actionable as an act of infringe25 ment under section 111, a television broadcast station 

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1 holding a copyright or other license to transmit or perform 

2 the same version of that work shall, for purposes of sub3 section (b), be treated as a legal or beneficial owner if such 

4 secondary transmission occurs within the designated mar5 ket area of that station. 

6 ‘‘(2) For purposes of this subsection, the term ‘des7 ignated market area’ means a designated market area, as 

8 determined by Nielsen Media Research and published in 

9 the 1999–2000 Nielsen Station Index Directory and 

10 Nielsen Station Index United States Television Household 

11 Estimates or any successor publication.’’; 

12 (5) in section 511(a), by striking ‘‘122’’ and in13 serting ‘‘121’’; 

14 (6) in section 708(a)— 

15 (A) in paragraph (8), by inserting ‘‘and’’ 

16 after the semicolon; 

17 (B) in paragraph (9), by striking the semi18 colon and inserting a period; 

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

20 and 

21 (D) by striking ‘‘Fees established under 

22 paragraphs (10) and (11) shall be reasonable 

23 and may not exceed one-half of the cost nec24 essary to cover reasonable expenses incurred by 

25 the Copyright Office for the collection and admaindgalligan on DSK5TPTVN1PROD with BILLS

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1 ministration of the statements of account and 

2 any royalty fees deposited with such state3 ments.’’; 

4 (7) in section 801— 

5 (A) in subsection (b)— 

6 (i) in paragraph (1) by striking 

7 ‘‘119,’’; 

8 (ii) by striking paragraph (2); 

9 (iii) by redesignating paragraphs (3), 

10 (4), (5), (6), (7), and (8) as paragraphs 

11 (2), (3), (4), (5), (6), and (7), respectively; 

12 and 

13 (iv) in paragraph (2), as so redesig14 nated— 

15 (I) in subparagraph (A), by strik16 ing ‘‘, as the case may be,’’; 

17 (II) in subparagraph (B), by 

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

19 (III) in subparagraph (C), by 

20 striking ‘‘section 804(b)(8)’’ and in21 serting ‘‘section 804(b)(7)’’; 

22 (B) by striking ‘‘sections 111, 119, and’’ 

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

24 and 

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1 (C) by striking ‘‘111, 119, or’’ each place 

2 it appears; 

3 (8) in section 803— 

4 (A) in subsection (b)(1)(A)(i)— 

5 (i) by striking ‘‘111,’’; 

6 (ii) by striking ‘‘119,’’; and 

7 (iii) in subclause (V), by striking ‘‘, 

8 except that the publication of notice re9 quirement shall not apply in the case of 

10 proceedings under section 111 that are 

11 scheduled to commence in 2005’’; 

12 (B) in subsection (d)(2)(C)(i)— 

13 (i) by striking ‘‘111,’’; and 

14 (ii) by striking ‘‘119,’’; and 

15 (C) in subsection (e)(2)— 

16 (i) by striking ‘‘111,’’; and 

17 (ii) by striking ‘‘118, or 119’’ and in18 serting ‘‘or 118’’; and 

19 (9) in section 804— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘paragraphs (1) and 

22 (2)’’ and inserting ‘‘paragraph (1)’’; 

23 (ii) by striking ‘‘111,’’; and 

24 (iii) by striking ‘‘119,’’; and 

25 (B) in subsection (b)— 

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1 (i) by striking paragraph (1); 

2 (ii) by redesignating paragraphs (2), 

3 (3), (4), (5), (6), (7), and (8) as para4 graphs (1), (2), (3), (4), (5), (6), and (7), 

5 respectively; and 

6 (iii) in paragraph (7), as so redesig7 nated— 

8 (I) by striking ‘‘section 

9 801(b)(3)’’ and inserting ‘‘section 

10 801(b)(2)’’; and 

11 (II) by striking ‘‘111, 119, or’’. 

12 SEC. 4. REPEAL OF COMMISSION’S RULES RELATED TO 

13 REGULATORY INTERVENTION. 

14 The Federal Communications Commission shall take 

15 all actions necessary to— 

16 (1) repeal section 73.658 of the Commission’s 

17 rules (47 CFR 73.658); 

18 (2) repeal subpart D of part 76 of the Commis19 sion’s rules, except to the extent such subpart re20 lates to the carriage of qualified noncommercial edu21 cational television stations consistent with the 

22 amendments made by this Act; 

23 (3) repeal subpart F of part 76 of the Commis24 sion’s rules; 

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1 (4) modify subpart S of part 76 of the Commis2 sion’s rules by eliminating any requirements relating 

3 to network nonduplication, syndicated exclusivity, 

4 and sports blackout for open video systems; and 

5 (5) modify the broadcast ownership limitations 

6 set forth in section 73.3555 of the Commission’s 

7 rules (47 CFR 73.3555) by eliminating— 

8 (A) the restrictions on the number of 

9 broadcast television stations that a person or 

10 entity may directly or indirectly own, operate, 

11 or control in the same designated market area 

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

13 of title 17, United States Code), as described in 

14 paragraph (b) of such section 73.3555; 

15 (B) the radio-television cross-ownership 

16 rule, as described in paragraph (c) of such sec17 tion 73.3555; and 

18 (C) the limitations on the direct or indirect 

19 ownership, operation, or control of a broadcast 

20 television station by a person or entity that di21 rectly or indirectly owns, operates, or controls a 

22 daily newspaper, as that term was defined in 

23 note 6 to section 73.3555 of the Commission’s 

24 rules (47 CFR 73.3555) in effect on October 1, 

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1 2011, as described in paragraph (d) of such 

2 section 73.3555. 

3 SEC. 5. EFFECTIVE DATE. 

4 Except as provided in section 6, this Act, and the 

5 amendments made by this Act, shall take effect on Janu6 ary 1, 2018. 

7 SEC. 6. CONTINUED COLLECTION AND DISTRIBUTION OF 

8 PREVIOUSLY DUE ROYALTIES. 

9 Notwithstanding section 5, the collection and dis10 tribution of royalties due for secondary transmissions 

11 made pursuant to sections 111 and 119 of title 17, United 

12 States Code, prior to January 1, 2018, shall continue to 

13 be governed by such title and the rules of the Register 

14 of Copyrights and Copyright Royalty Judges as in effect 

15 prior to the date of enactment of this Act until such time 

16 as the Register certifies that all royalties collected pursu17 ant to such provisions have been distributed. 

Æ 

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