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. 
H. R. 5728—2 

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 
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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. 
H. R. 5728—4 

(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. 
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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— 
H. R. 5728—6 

(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 
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(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.’’. 
H. R. 5728—8 

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. 
H. R. 5728—9 

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.