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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2799 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2799

  To extend the authority of satellite carriers to retransmit certain 
     television broadcast station signals, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2014

 Mr. Rockefeller (for himself and Mr. Thune) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To extend the authority of satellite carriers to retransmit certain 
     television broadcast station signals, 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.

    This Act may be cited as the Satellite Television Access and Viewer 
Rights Act.

SEC. 2. REFERENCES TO COMMUNICATIONS ACT OF 1934.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Communications Act of 
1934 (47 U.S.C. 151 et seq.).

                     TITLE I--SATELLITE TELEVISION

SEC. 101. EXTENSION OF AUTHORITY.

    Section 325(b) (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 (47 U.S.C. 338) is amended--
            (1) in subsection (k)--
                    (A) by redesignating paragraphs (1) through (10) as 
                paragraphs (2) through (11), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) Designated market area.--The term `designated market 
        area' means a designated market area as determined by Nielsen 
        Media Research or by any successor system of assigning 
        television broadcast stations to local markets adopted by the 
        Commission.''; and
                    (C) by amending paragraph (5), as redesignated, to 
                read as follows:
            ``(5) Local market.--The term `local market', in the case 
        of both commercial and noncommercial television broadcast 
        stations, means the designated market area in which a 
        television broadcast station is located.''; and
            (2) 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 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, including promoting a consumer's 
                access to television signals that originate in the 
                consumer's State of residence, 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; and
                                    ``(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 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
                            ``(iv) 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 satellite carrier shall not 
        delete from carriage the signal of a commercial television 
        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.''.
    (b) Conforming Amendments.--Section 614(h)(1)(C) (47 U.S.C. 
534(h)(1)(C)) is amended--
            (1) in clause (ii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``localism'' and inserting ``localism, 
                including promoting consumer access to television 
                signals that originate in a consumer's State of 
                residence,'';
                    (B) in subclause (II), by striking ``community'' 
                and inserting ``community or on the satellite carrier 
                or carriers serving such community''; and
                    (C) by amending subclause (IV) to read as follows:
                                    ``(IV) 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) 4 ems to the left.
    (c) Implementation.--As part of the rulemaking to implement the 
amendments made by this section, the Federal Communications 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, 534) fully effectuate the 
purposes of the amendments made by this section. As part of that 
process, the Federal Communications Commission shall 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 
(47 U.S.C. 338, 534).

                     TITLE II--VIDEO POLICY REFORMS

SEC. 201. CONSUMER PROTECTIONS IN RETRANSMISSION CONSENT.

    (a) Joint Retransmission Consent Negotiations.--Section 
325(b)(3)(C) (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 ``; and''; 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 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 by the 
                        Federal Communications Commission;''.
    (b) Protections for Significantly Viewed and Other Television 
Signals.--Section 325(b)(3)(C) (47 U.S.C. 325(b)(3)(C)), as amended, 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 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 or 614 of this Act, into the local 
                        market of such station, unless such stations 
                        are directly or indirectly under common de jure 
                        control permitted by the Commission; and''.
    (c) Per Se Violations.--Section 325(b)(3)(C) (47 U.S.C. 
325(b)(3)(C)), as amended, is further amended by adding at the end the 
following:
                            ``(vi) following an expiration of a 
                        retransmission consent agreement between a 
                        television broadcast station and a multichannel 
                        video programming distributor under this 
                        section, permit the Commission--
                                    ``(I) to request from the parties 
                                such information as it deems necessary 
                                to ensure that neither party has 
                                committed a per se violation of its 
                                duty to negotiate in good faith under 
                                this paragraph; and
                                    ``(II) to determine, based on the 
                                information collected under subclause 
                                (I) and in accordance with this Act, 
                                that a party to a retransmission 
                                consent negotiation has committed a per 
                                se violation of its duty to negotiate 
                                in good faith.''.
    (d) Good Faith.--Section 325(b)(3) (47 U.S.C. 325(b)(3)) is amended 
by adding at the end the following:
                    ``(D) Update to good faith rules.--The Commission 
                shall commence a rulemaking to revise the regulations 
                issued pursuant to subparagraph (C). That rulemaking 
                shall--
                            ``(i) consider whether each of the 
                        following constitutes a failure to negotiate in 
                        good faith as required by this paragraph--
                                    ``(I) the blocking of online 
                                content owned or controlled by a 
                                television broadcast station or a 
                                television network, or the act of 
                                soliciting, encouraging, or otherwise 
                                seeking to have another entity block 
                                access to online content, during 
                                retransmission consent negotiations or 
                                after the expiration of a 
                                retransmission consent agreement; and
                                    ``(II) allowing a television 
                                network to review and approve the 
                                rates, terms, and conditions of a 
                                retransmission consent agreement, or 
                                the material terms of such agreement, 
                                for any television broadcast station 
                                not wholly owned by such network; and
                            ``(ii) review and update the Commission's 
                        totality of the circumstances test to ensure 
                        that such test encourages parties to a 
                        retransmission consent negotiation to present 
                        bona fide proposals on the material terms of a 
                        retransmission consent agreement during 
                        negotiations and engage in timely negotiations 
                        to reach an agreement.''.
    (e) Conforming Amendment.--Section 325(b)(7) (47 U.S.C. 325(b)(7)) 
is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) `television network' means a television 
                network in the United States which offers an 
                interconnected program service on a regular basis for 
                15 or more hours per week to at least 25 affiliated 
                broadcast stations in 10 or more States.''.
    (f) Margin Corrections.--
            (1) Section 325(b)(3)(C) (47 U.S.C. 325(b)(3)(C)) is 
        further amended by moving the margin of clause (iii) 4 ems to 
        the left.
            (2) Section 325(b) (47 U.S.C. 325(b)) is amended by moving 
        the margin of paragraph (7), as amended by this section, 4 ems 
        to the left.

SEC. 202. UPDATE TO CABLE RATES REPORT.

    Section 623(k) (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.--The Commission shall 
        include in its report under paragraph (1), the aggregate 
        average total amount paid by cable systems per community in 
        compensation under section 325.''.

SEC. 203. COMPETITIVE DEVICE AVAILABILITY.

    (a) Termination of Effectiveness.--
            (1) New navigation devices.--The authority provided by the 
        second sentence of section 76.1204(a)(1) of title 47, Code of 
        Federal Regulations, terminates effective on the date that is 2 
        years after the date of enactment of this Act.
            (2) Revision of regulations.--Not later than 910 days after 
        the date of enactment of this Act, the Federal Communications 
        Commission shall revise its regulations to strike the sentence 
        described in paragraph (1) and make any necessary conforming 
        revisions to its regulations.
    (b) Working Group.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Chairman of the Federal 
        Communications Commission shall convene a working group of 
        technical experts representing a wide range of stakeholders, to 
        identify and report performance objectives, technical 
        capabilities, and technical standards of a non-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 540 days after the date of 
        enactment of this Act, the working group shall file a report 
        with the Federal Communications Commission on its work under 
        paragraph (1).
            (3) Commission assistance.--The Chairperson of the Federal 
        Communications 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 180 days after the date 
        of the enactment of this Act.

SEC. 204. ADMINISTRATIVE REFORMS TO EFFECTIVE COMPETITION PETITIONS.

    Section 623 (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 enactment of the Satellite Television Access and Viewer 
        Rights Act, 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).''.

                        TITLE III--MISCELLANEOUS

SEC. 301. IMPLEMENTATION.

    Except as otherwise expressly provided, the Federal Communications 
Commission shall prescribe regulations to implement the requirements of 
this Act, and any amendments made by this Act, not later than 270 days 
after the date of enactment.

SEC. 302. 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 the Act, 
the amendments made by the Act, and the application of such provision 
or amendment to any person or circumstance shall not be affected 
thereby.
                                 <all>
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