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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5728 Enrolled Bill (ENR)]

        H.R.5728

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 An Act

 
  To amend the Communications Act of 1934 and title 17, United States 
 Code, to extend expiring provisions relating to the retransmission of 
    signals of television broadcast stations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``STELA 
Reauthorization Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. No additional appropriations authorized.

                   TITLE I--COMMUNICATIONS PROVISIONS

Sec. 101. Extension of authority.
Sec. 102. Modification of television markets to further consumer access 
          to relevant television programming.
Sec. 103. Consumer protections in retransmission consent.
Sec. 104. Delayed application of JSA attribution rule.
Sec. 105. Deletion or repositioning of stations during certain periods.
Sec. 106. Repeal of integration ban.
Sec. 107. Report on communications implications of statutory licensing 
          modifications.
Sec. 108. Local network channel broadcast reports.
Sec. 109. Report on designated market areas.
Sec. 110. Update to cable rates report.
Sec. 111. Administrative reforms to effective competition petitions.
Sec. 112. Definitions.

                     TITLE II--COPYRIGHT PROVISIONS

Sec. 201. Reauthorization.
Sec. 202. Termination of license.
Sec. 203. Local service area of a primary transmitter.
Sec. 204. Market determinations.

                         TITLE III--SEVERABILITY

Sec. 301. Severability.
SEC. 2. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
    No additional funds are authorized to carry out this Act, or the 
amendments made by this Act. This Act, and the amendments made by this 
Act, shall be carried out using amounts otherwise authorized or 
appropriated.

                   TITLE I--COMMUNICATIONS PROVISIONS

    SEC. 101. EXTENSION OF AUTHORITY.
    Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 
is amended--
        (1) in paragraph (2)(C), by striking ``December 31, 2014'' and 
    inserting ``December 31, 2019''; and
        (2) in paragraph (3)(C), by striking ``January 1, 2015'' each 
    place it appears and inserting ``January 1, 2020''.
    SEC. 102. MODIFICATION OF TELEVISION MARKETS TO FURTHER CONSUMER 
      ACCESS TO RELEVANT TELEVISION PROGRAMMING.
    (a) In General.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is amended by adding at the end the following:
    ``(l) Market Determinations.--
        ``(1) In general.--Following a written request, the Commission 
    may, with respect to a particular commercial television broadcast 
    station, include additional communities within its local market or 
    exclude communities from such station's local market to better 
    effectuate the purposes of this section.
        ``(2) Considerations.--In considering requests filed under 
    paragraph (1), the Commission--
            ``(A) may determine that particular communities are part of 
        more than one local market; and
            ``(B) shall afford particular attention to the value of 
        localism by taking into account such factors as--
                ``(i) whether the station, or other stations located in 
            the same area--

                    ``(I) have been historically carried on the cable 
                system or systems within such community; or
                    ``(II) have been historically carried on the 
                satellite carrier or carriers serving such community;

                ``(ii) whether the television station provides coverage 
            or other local service to such community;
                ``(iii) whether modifying the local market of the 
            television station would promote consumers' access to 
            television broadcast station signals that originate in 
            their State of residence;
                ``(iv) whether any other television station that is 
            eligible to be carried by a satellite carrier in such 
            community in fulfillment of the requirements of this 
            section provides news coverage of issues of concern to such 
            community or provides carriage or coverage of sporting and 
            other events of interest to the community; and
                ``(v) evidence of viewing patterns in households that 
            subscribe and do not subscribe to the services offered by 
            multichannel video programming distributors within the 
            areas served by such multichannel video programming 
            distributors in such community.
        ``(3) Carriage of signals.--
            ``(A) Carriage obligation.--A market determination under 
        this subsection shall not create additional carriage 
        obligations for a satellite carrier if it is not technically 
        and economically feasible for such carrier to accomplish such 
        carriage by means of its satellites in operation at the time of 
        the determination.
            ``(B) Deletion of signals.--A satellite carrier shall not 
        delete from carriage the signal of a commercial television 
        broadcast station during the pendency of any proceeding under 
        this subsection.
        ``(4) Determinations.--Not later than 120 days after the date 
    that a written request is filed under paragraph (1), the Commission 
    shall grant or deny the request.
        ``(5) No effect on eligibility to receive distant signals.--No 
    modification of a commercial television broadcast station's local 
    market pursuant to this subsection shall have any effect on the 
    eligibility of households in the community affected by such 
    modification to receive distant signals pursuant to section 339, 
    notwithstanding subsection (h)(1) of this section.''.
    (b) Conforming Amendments.--Section 614(h)(1)(C) of the 
Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) is amended--
        (1) in clause (ii)--
            (A) in subclause (I), by striking ``community'' and 
        inserting ``community or on the satellite carrier or carriers 
        serving such community'';
            (B) by redesignating subclauses (III) and (IV) as 
        subclauses (IV) and (V), respectively;
            (C) by inserting after subclause (II) the following:
                ``(III) whether modifying the market of the television 
            station would promote consumers' access to television 
            broadcast station signals that originate in their State of 
            residence;''; and
            (D) by amending subclause (V), as redesignated, to read as 
        follows:
                ``(V) evidence of viewing patterns in households that 
            subscribe and do not subscribe to the services offered by 
            multichannel video programming distributors within the 
            areas served by such multichannel video programming 
            distributors in such community.''; and
        (2) by moving the margin of clause (iv) 2 ems to the left.
    (c) Market Modification Process.--The Commission shall make 
information available to consumers on its website that explains the 
market modification process, including--
        (1) who may petition to include additional communities within, 
    or exclude communities from, a--
            (A) local market (as defined in section 122(j) of title 17, 
        United States Code); or
            (B) television market (as determined under section 
        614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 
        534(h)(1)(C))); and
        (2) the factors that the Commission takes into account when 
    responding to a petition described in paragraph (1).
    (d) Implementation.--
        (1) Deadline for regulations.--Not later than 9 months after 
    the date of the enactment of this Act, the Commission shall 
    promulgate regulations to implement this section and the amendments 
    made by this section.
        (2) Matters for consideration.--As part of the rulemaking 
    required by paragraph (1), the Commission shall ensure that 
    procedures for the filing and consideration of a written request 
    under sections 338(l) and 614(h)(1)(C) of the Communications Act of 
    1934 (47 U.S.C. 338(l); 534(h)(1)(C)) fully effectuate the purposes 
    of the amendments made by this section, and update what it 
    considers to be a community for purposes of a modification of a 
    market under section 338(l) or 614(h)(1)(C) of the Communications 
    Act of 1934.
    SEC. 103. CONSUMER PROTECTIONS IN RETRANSMISSION CONSENT.
    (a) Joint Retransmission Consent Negotiations.--Section 
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) 
is amended--
        (1) in clause (ii), by striking ``and'' at the end;
        (2) in clause (iii), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(iv) prohibit a television broadcast station from 
    coordinating negotiations or negotiating on a joint basis with 
    another television broadcast station in the same local market (as 
    defined in section 122(j) of title 17, United States Code) to grant 
    retransmission consent under this section to a multichannel video 
    programming distributor, unless such stations are directly or 
    indirectly under common de jure control permitted under the 
    regulations of the Commission; and''.
    (b) Protections for Significantly Viewed and Other Television 
Signals.--Section 325(b)(3)(C) of the Communications Act of 1934 (47 
U.S.C. 325(b)(3)(C)) is further amended by adding at the end the 
following:
        ``(v) prohibit a television broadcast station from limiting the 
    ability of a multichannel video programming distributor to carry 
    into the local market (as defined in section 122(j) of title 17, 
    United States Code) of such station a television signal that has 
    been deemed significantly viewed, within the meaning of section 
    76.54 of title 47, Code of Federal Regulations, or any successor 
    regulation, or any other television broadcast signal such 
    distributor is authorized to carry under section 338, 339, 340, or 
    614 of this Act, unless such stations are directly or indirectly 
    under common de jure control permitted by the Commission.''.
    (c) Good Faith.--Not later than 9 months after the date of the 
enactment of this Act, the Commission shall commence a rulemaking to 
review its totality of the circumstances test for good faith 
negotiations under clauses (ii) and (iii) of section 325(b)(3)(C) of 
the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)).
    (d) Margin Corrections.--Section 325(b) of the Communications Act 
of 1934 (47 U.S.C. 325(b)) is further amended--
        (1) in paragraph (3)(C), by moving the margin of clause (iii) 4 
    ems to the left; and
        (2) by moving the margin of paragraph (7) 2 ems to the left.
    (e) Deadline for Regulations.--Not later than 9 months after the 
date of the enactment of this Act, the Commission shall promulgate 
regulations to implement the amendments made by this section.
    SEC. 104. DELAYED APPLICATION OF JSA ATTRIBUTION RULE.
    A party to a joint sales agreement (as defined in Note 2(k) to 
section 73.3555 of title 47, Code of Federal Regulations) that is in 
effect on the effective date of the amendment to Note 2(k)(2) to such 
section made by the Further Notice of Proposed Rulemaking and Report 
and Order adopted by the Commission on March 31, 2014 (FCC 14-28), 
shall not be considered to be in violation of the ownership limitations 
of such section by reason of the application of the rule in such Note 
2(k)(2) (as so amended) to such agreement before the date that is 6 
months after the end of the period specified by the Commission in such 
Report and Order for such a party to come into compliance with such 
ownership limitations.
    SEC. 105. DELETION OR REPOSITIONING OF STATIONS DURING CERTAIN 
      PERIODS.
    (a) In General.--Section 614(b)(9) of the Communications Act of 
1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence.
    (b) Revision of Rules.--Not later than 90 days after the date of 
the enactment of this Act, the Commission shall revise section 76.1601 
of its rules (47 CFR 76.1601) and any note to such section by removing 
the prohibition against deletion or repositioning of a local commercial 
television station during a period in which major television ratings 
services measure the size of audiences of local television stations.
    SEC. 106. REPEAL OF INTEGRATION BAN.
    (a) Termination of Effectiveness.--The second sentence of section 
76.1204(a)(1) of title 47, Code of Federal Regulations, terminates 
effective on the date that is 1 year after the date of the enactment of 
this Act.
    (b) Removal From Rules.--Not later than 545 days after the date of 
the enactment of this Act, the Commission shall complete all actions 
necessary to remove the sentence described in subsection (a) from its 
rules.
    (c) Preservation of Waivers.--Any waiver of section 76.1204(a)(1) 
of title 47, Code of Federal Regulations, in effect as of the date of 
the enactment of this Act or granted after such date shall be extended 
through December 31, 2015.
    (d) Working Group.--
        (1) In general.--Not later than 45 days after the date of the 
    enactment of this Act, the Chairman of the Commission shall 
    establish a working group of technical experts representing a wide 
    range of stakeholders, to identify, report, and recommend 
    performance objectives, technical capabilities, and technical 
    standards of a not unduly burdensome, uniform, and technology- and 
    platform-neutral software-based downloadable security system 
    designed to promote the competitive availability of navigation 
    devices in furtherance of section 629 of the Communications Act of 
    1934 (47 U.S.C. 549).
        (2) Report.--Not later than 9 months after the date of the 
    enactment of this Act, the working group shall file a report with 
    the Commission on its work under paragraph (1).
        (3) Commission assistance.--The Chairman of the Commission may 
    appoint a member of the Commission's staff--
            (A) to moderate and direct the work of the working group 
        under this subsection; and
            (B) to provide technical assistance to members of the 
        working group, as appropriate.
        (4) Initial meeting.--The initial meeting of the working group 
    shall take place not later than 90 days after the date of the 
    enactment of this Act.
    SEC. 107. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY 
      LICENSING MODIFICATIONS.
    (a) Study.--The Comptroller General of the United States shall 
conduct a study that analyzes and evaluates the changes to the carriage 
requirements currently imposed on multichannel video programming 
distributors under the Communications Act of 1934 (47 U.S.C. 151 et 
seq.) and the regulations promulgated by the Commission that would be 
required or beneficial to consumers, and such other matters as the 
Comptroller General considers appropriate, if Congress implemented a 
phase-out of the current statutory licensing requirements set forth 
under sections 111, 119, and 122 of title 17, United States Code. Among 
other things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer prices 
and access to programming.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
appropriate congressional committees a report on the results of the 
study conducted under subsection (a), including any recommendations for 
legislative or administrative actions. Such report shall also include a 
discussion of any differences between such results and the results of 
the study conducted under section 303 of the Satellite Television 
Extension and Localism Act of 2010 (124 Stat. 1255).
    SEC. 108. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
    (a) Requirement.--
        (1) In general.--On the 270th day after the date of the 
    enactment of this Act, and on each succeeding anniversary of such 
    270th day, each satellite carrier shall submit an annual report to 
    the Commission setting forth--
            (A) each local market in which it--
                (i) retransmits signals of 1 or more television 
            broadcast stations with a community of license in that 
            market;
                (ii) has commenced providing such signals in the 
            preceding 1-year period; and
                (iii) has ceased to provide such signals in the 
            preceding 1-year period; and
            (B) detailed information regarding the use and potential 
        use of satellite capacity for the retransmission of local 
        signals in each local market.
        (2) Termination.--The requirement under paragraph (1) shall 
    cease after each satellite carrier has submitted 5 reports under 
    such paragraph.
    (b) Definitions.--In this section--
        (1) the terms ``local market'' and ``satellite carrier'' have 
    the meaning given such terms in section 339(d) of the 
    Communications Act of 1934 (47 U.S.C. 339(d)); and
        (2) the term ``television broadcast station'' has the meaning 
    given such term in section 325(b)(7) of the Communications Act of 
    1934 (47 U.S.C. 325(b)(7)).
    SEC. 109. REPORT ON DESIGNATED MARKET AREAS.
    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to the appropriate 
congressional committees a report that contains--
        (1) an analysis of--
            (A) the extent to which consumers in each local market have 
        access to broadcast programming from television broadcast 
        stations located outside their local market, including through 
        carriage by cable operators and satellite carriers of signals 
        that are significantly viewed (within the meaning of section 
        340 of the Communications Act of 1934 (47 U.S.C. 340)); and
            (B) whether there are technologically and economically 
        feasible alternatives to the use of designated market areas to 
        define markets that would provide consumers with more 
        programming options and the potential impact such alternatives 
        could have on localism and on broadcast television locally, 
        regionally, and nationally; and
        (2) recommendations on how to foster increased localism in 
    counties served by out-of-State designated market areas.
    (b) Considerations for Fostering Increased Localism.--In making 
recommendations under subsection (a)(2), the Commission shall 
consider--
        (1) the impact that designated market areas that cross State 
    lines have on access to local programming;
        (2) the impact that designated market areas have on local 
    programming in rural areas; and
        (3) the state of local programming in States served exclusively 
    by out-of-State designated market areas.
    SEC. 110. UPDATE TO CABLE RATES REPORT.
    Section 623(k) of the Communications Act of 1934 (47 U.S.C. 543(k)) 
is amended to read as follows:
    ``(k) Reports on Average Prices.--
        ``(1) In general.--The Commission shall annually publish 
    statistical reports on the average rates for basic cable service 
    and other cable programming, and for converter boxes, remote 
    control units, and other equipment of cable systems that the 
    Commission has found are subject to effective competition under 
    subsection (a)(2) compared with cable systems that the Commission 
    has found are not subject to such effective competition.
        ``(2) Inclusion in annual report.--
            ``(A) In general.--The Commission shall include in its 
        report under paragraph (1) the aggregate average total amount 
        paid by cable systems in compensation under section 325.
            ``(B) Form.--The Commission shall publish information under 
        this paragraph in a manner substantially similar to the way 
        other comparable information is published in such report.''.
    SEC. 111. ADMINISTRATIVE REFORMS TO EFFECTIVE COMPETITION 
      PETITIONS.
    Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is 
amended by adding at the end the following:
    ``(o) Streamlined Petition Process for Small Cable Operators.--
        ``(1) In general.--Not later than 180 days after the date of 
    the enactment of this subsection, the Commission shall complete a 
    rulemaking to establish a streamlined process for filing of an 
    effective competition petition pursuant to this section for small 
    cable operators, particularly those who serve primarily rural 
    areas.
        ``(2) Construction.--Nothing in this subsection shall be 
    construed to have any effect on the duty of a small cable operator 
    to prove the existence of effective competition under this section.
        ``(3) Definition of small cable operator.--In this subsection, 
    the term `small cable operator' has the meaning given the term in 
    subsection (m)(2).''.
    SEC. 112. DEFINITIONS.
    In this title:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Energy and Commerce and the Committee on the Judiciary of the House 
    of Representatives and the Committee on Commerce, Science, and 
    Transportation and the Committee on the Judiciary of the Senate.
        (2) Commission.--The term ``Commission'' means the Federal 
    Communications Commission.

                     TITLE II--COPYRIGHT PROVISIONS

    SEC. 201. REAUTHORIZATION.
    Chapter 1 of title 17, United States Code, is amended--
        (1) in section 111(d)(3)--
            (A) in the matter preceding subparagraph (A), by striking 
        ``clause'' and inserting ``paragraph''; and
            (B) in subparagraph (B), by striking ``clause'' and 
        inserting ``paragraph''; and
        (2) in section 119--
            (A) in subsection (c)(1)(E), by striking ``2014'' and 
        inserting ``2019''; and
            (B) in subsection (e), by striking ``2014'' and inserting 
        ``2019''.
    SEC. 202. TERMINATION OF LICENSE.
    (a) In General.--Section 119 of title 17, United States Code, as 
amended in section 201, is amended by adding at the end the following:
    ``(h) Termination of License.--This section shall cease to be 
effective on December 31, 2019.''.
    (b) Conforming Amendment.--Section 107(a) of the Satellite 
Television Extension and Localism Act of 2010 (17 U.S.C. 119 note) is 
repealed.
    SEC. 203. LOCAL SERVICE AREA OF A PRIMARY TRANSMITTER.
    Section 111(f)(4) of title 17, United States Code, is amended, in 
the second sentence--
        (1) by inserting ``as defined by the rules and regulations of 
    the Federal Communications Commission,'' after ``television 
    station,'';
        (2) by striking ``comprises the area within 35 miles of the 
    transmitter site, except that'' and inserting ``comprises the 
    designated market area, as defined in section 122(j)(2)(C), that 
    encompasses the community of license of such station and any 
    community that is located outside such designated market area that 
    is either wholly or partially within 35 miles of the transmitter 
    site or,''; and
        (3) by striking ``the number of miles shall be 20 miles'' and 
    inserting ``wholly or partially within 20 miles of such transmitter 
    site''.
    SEC. 204. MARKET DETERMINATIONS.
    Section 122(j)(2) of title 17, United States Code, is amended--
        (1) by moving the margins of subparagraphs (B), (C), and (D) 2 
    ems to the left; and
        (2) by adding at the end the following:
            ``(E) Market determinations.--The local market of a 
        commercial television broadcast station may be modified by the 
        Federal Communications Commission in accordance with section 
        338(l) of the Communications Act of 1934 (47 U.S.C. 338).''.

                        TITLE III--SEVERABILITY

    SEC. 301. SEVERABILITY.
    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provision 
or amendment to any person or circumstance shall not be affected 
thereby.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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