I 

113TH CONGRESS 

2D SESSION H. R. 4635 

To amend the Communications Act of 1934 to provide for greater access 

to in-State television broadcast programming, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2014 

Mr. ADERHOLT 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 amend the Communications Act of 1934 to provide for 

greater access to in-State television broadcast programming, 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 ‘‘Orphan County Tele5 communications Rights Act of 2014’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•HR 4635 IH

1 SEC. 2. MODIFICATION OF LOCAL TELEVISION MARKETS. 

2 (a) IN GENERAL.—Part I of title III of the Commu3 nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 

4 by adding at the end the following: 

5 ‘‘SEC. 343. MODIFICATION OF LOCAL TELEVISION MAR6 KETS. 

7 ‘‘(a) IN GENERAL.—The adjacent underserved coun8 ty of a television broadcast station may file with the Com9 mission a petition for the inclusion of such county in the 

10 local market of such station. Not later than 120 days after 

11 receiving such a petition, the Commission shall grant such 

12 petition by modifying the local market of such station by 

13 including such county in such market. 

14 ‘‘(b) MULTIPLE MARKETS.—The Commission may 

15 determine under subsection (a) that a particular county 

16 is part of the local market of more than one television 

17 broadcast station affiliated with the same television net18 work. 

19 ‘‘(c) SINGLE PETITION.—A county may request the 

20 inclusion of such county in the local market of more than 

21 one television broadcast station in a single petition filed 

22 under subsection (a). 

23 ‘‘(d) POINT OF CONTACT WITH COUNTY.—A county 

24 that files a petition under subsection (a) shall designate 

25 an official or body to communicate with the Commission 

26 about matters relating to such petition. 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•HR 4635 IH

1 ‘‘(e) CARRIAGE DURING PENDENCY OF PRO2 CEEDING.—During the pendency of a proceeding on a pe3 tition under subsection (a) for the inclusion of a county 

4 in the local market of a television broadcast station, a mul5 tichannel video programming distributor may not delete 

6 from carriage the signal of a television broadcast station— 

7 ‘‘(1) that is affiliated with the same television 

8 network; and 

9 ‘‘(2) the local market of which includes such 

10 county. 

11 ‘‘(f) DEFINITIONS.—In this section: 

12 ‘‘(1) ADJACENT MARKET.— 

13 ‘‘(A) IN GENERAL.—The term ‘adjacent 

14 market’ means, with respect to a television 

15 broadcast station, any designated market area 

16 adjacent to, and partially but not entirely in the 

17 same State as, the designated market area in 

18 which the station’s community of license is lo19 cated. 

20 ‘‘(B) TREATMENT OF CERTAIN COUN21 TIES.—In the case of a county that is not with22 in the local market or the adjacent market (as 

23 defined in subparagraph (A)) of any network 

24 station licensed to a community in the State in 

25 which such county is located, such county shall 


TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•HR 4635 IH

1 be considered to be within the adjacent market 

2 of any television broadcast station licensed to a 

3 community in the nearest designated market 

4 area— 

5 ‘‘(i) that is located in whole or in part 

6 within such State; and 

7 ‘‘(ii) with respect to which the com8 munity of license of at least one network 

9 station is located both in such designated 

10 market area and in such State. 

11 ‘‘(2) ADJACENT UNDERSERVED COUNTY.—The 

12 term ‘adjacent underserved county’ means, with re13 spect to a television broadcast station, a county 

14 within the station’s adjacent market that is both— 

15 ‘‘(A) located in the same State as the sta16 tion’s community of license; and 

17 ‘‘(B) not within the local market of any 

18 other station that is both affiliated with the 

19 same television network and located in the same 

20 State. 

21 ‘‘(3) CABLE OPERATOR.—The term ‘cable oper22 ator’ has the meaning given such term in section 

23 602. 

24 ‘‘(4) COUNTY.—The term ‘county’ means a 

25 county, parish, or similar political subdivision of a 


TKELLEY on DSK3SPTVN1PROD with BILLS
5 

•HR 4635 IH

1 State of the type generally used in determining the 

2 boundaries of designated market areas. 

3 ‘‘(5) DESIGNATED MARKET AREA.—The term 

4 ‘designated market area’ has the meaning given such 

5 term in section 122(j)(2)(C) of title 17, United 

6 States Code. 

7 ‘‘(6) LOCAL MARKET.—The term ‘local market’ 

8 means, with respect to a television broadcast sta9 tion— 

10 ‘‘(A) for purposes of carriage of such sta11 tion by satellite carriers, the local market of 

12 such station as determined under section 

13 122(j)(2) of title 17, United States Code; and 

14 ‘‘(B) for purposes of carriage of such sta15 tion by cable operators, the television market of 

16 such station as determined under section 

17 614(h)(1)(C). 

18 ‘‘(7) MULTICHANNEL VIDEO PROGRAMMING

19 DISTRIBUTOR.—The term ‘multichannel video pro20 gramming distributor’ has the meaning given such 

21 term in section 602. 

22 ‘‘(8) NETWORK STATION.—The term ‘network 

23 station’ has the meaning given such term in section 

24 119(d) of title 17, United States Code. 


TKELLEY on DSK3SPTVN1PROD with BILLS
6 

•HR 4635 IH

1 ‘‘(9) SATELLITE CARRIER.—The term ‘satellite 

2 carrier’ has the meaning given such term in section 

3 119(d) of title 17, United States Code. 

4 ‘‘(10) TELEVISION BROADCAST STATION.—The 

5 term ‘television broadcast station’ has the meaning 

6 given such term in section 325(b). 

7 ‘‘(11) TELEVISION NETWORK.—The term ‘tele8 vision network’ has the meaning given such term in 

9 section 339(d).’’. 

10 (b) EFFECT FOR PURPOSES OF CABLE CARRIAGE.— 

11 Section 614(h)(1)(C) of the Communications Act of 1934 

12 (47 U.S.C. 534(h)(1)(C)) is amended— 

13 (1) by moving the margin of clause (iv) two ems 

14 to the left; and 

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

16 ‘‘(v) If the Commission modifies the local 

17 market of a television broadcast station under 

18 section 343 by including a county in such mar19 ket, the Commission shall include within the 

20 television market of such station for purposes of 

21 this section all of the communities within such 

22 county.’’. 

23 (c) EFFECT FOR PURPOSES OF SATELLITE CAR24 RIAGE.—Section 122(j)(2) of title 17, United States Code, 

25 is amended by adding at the end the following: 


TKELLEY on DSK3SPTVN1PROD with BILLS
7 

•HR 4635 IH

1 ‘‘(E) MODIFICATION BY FCC.—If the Fed2 eral Communications Commission modifies the 

3 local market of a television broadcast station 

4 under section 343 of the Communications Act 

5 of 1934, such modification shall modify the 

6 local market of such station as determined 

7 under this paragraph.’’. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS