GO PACK Act of 2015

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. 1. Short title This Act may be cited as the Granting Our People the Ability to Cheer Kickoff Act of 2015 GO PACK Act of 2015 2. Carriage of network station signals in certain counties (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. 343. Carriage of network station signals in certain counties (a) Subscriber election A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to such subscriber— (1) retransmission of the signal of any local network station that such operator or carrier is required to retransmit to such subscriber without regard to this section; (2) an in-State, adjacent-market network station retransmission; or (3) both such retransmissions. (b) Relationship to local signal carriage requirements If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (a)— (1) the provision of such retransmission to such subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to such subscriber the signal of a local network station under section 338, 614, or 615; and (2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(g) of title 17, United States Code, the provision of such retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of such section and section 342 of this Act. (c) Requirement subject to technical feasibility for satellite carriers A satellite carrier is required to provide a retransmission under subsection (a) only to the extent that such provision is technically feasible, as determined by the Commission. (d) Treatment of in-State, adjacent-Market network station retransmissions by cable operators (1) Retransmission consent exception Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. (2) Deemed significantly viewed In the case of an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of such station is deemed to be significantly viewed in such county within the meaning of section 76.54 of the Commission’s regulations (47 C.F.R. 76.54). (e) Definitions In this section— (1) the term local network station (A) that is affiliated with such television network; and (B) within the local market of which such subscriber is located; (2) the term cable operator (3) the terms network station satellite carrier (4) the terms covered county in-State, adjacent-market network station retransmission (5) the term local market . (b) Treatment of in-State, adjacent-Market network station retransmissions by satellite carriers Section 339 of the Communications Act of 1934 ( 47 U.S.C. 339 (1) in subsection (a)— (A) in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. (B) in paragraph (2), by adding at the end the following: (I) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d), by adding at the end the following: (6) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission (7) Covered county The term covered county . (c) No effect on ability To receive significantly viewed signals Section 340(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 340(b)(3) or to a subscriber who elects under section 343(a), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in-State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 343(e)) 3. Availability of copyright license (a) Secondary transmissions of distant television programming by satellite Section 119 of title 17, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(B)(i), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause. (B) in paragraph (3), by inserting at the end the following new subparagraph: (G) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d)— (A) in paragraph (10)— (i) in subparagraph (D), by striking ; or (ii) in subparagraph (E), by striking the period at the end and inserting ; or (iii) by inserting at the end the following new subparagraph: (F) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ; and (B) by inserting at the end the following new paragraphs: (16) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission (A) in a subscriber’s State; and (B) in a local market that is adjacent to the subscriber’s local market. (17) Covered county The term covered county (A) The county is one of the following counties in the State of Wisconsin: Barron, Burnett, Dunn, Pierce, Polk, St. Croix, or Washburn. (B) The county is not in the local market of any television broadcast station that is affiliated with the same network and whose community of license is located in the subscriber’s State. . (b) Secondary transmissions of local television programming by satellite Section 122(a) of title 17, United States Code, is amended— (1) in paragraph (2)(A), by inserting after under paragraph (1) (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under such paragraph, in accordance with an election under section 343(a) of the Communications Act of 1934) (2) in paragraph (3)(A), by inserting after under paragraph (1) (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under such paragraph, in accordance with an election under section 343(a) of the Communications Act of 1934)

Summary: Granting Our People the Ability to Cheer Kickoff Act of 2015 or the GO PACK Act of 2015 Amends the Communications Act of 1934 to require a cable operator or satellite carrier to provide to certain subscribers in specified Wisconsin counties who elect to receive a television network: (1) retransmission of the signal of any local network station that such operator or carrier is otherwise required to retransmit; (2) an in-state, adjacent-market network station retransmission; or (3) both such retransmissions. Subjects satellite carriers to such requirements only to the extent that such retransmissions are technically feasible. Defines &quot;in-state, adjacent-market network station retransmission&quot; as the secondary transmission by a cable operator or satellite carrier of the primary transmission of any network station whose community of license is located: (1) in a subscriber's state, and (2) in a local market that is adjacent to the subscriber's local market. Provides for this Act to apply, with respect to such an in-state, adjacent-market network station retransmission to a subscriber, to specified Wisconsin counties (Barron, Burnett, Dunn, Pierce, Polk, St. Croix, and Washburn) that are not in the local market of any television broadcast station that is affiliated with the same network and whose community of license is located in the subscriber's state. Exempts in-state, adjacent-market network station retransmissions in such counties from: (1) retransmission consent requirements that prohibit cable operators from retransmitting broadcast stations without the authority of the originating station, and (2) statutory licensing limitations under federal copyright laws concerning satellite retransmissions to unserved households and secondary transmissions of distant signals.