Go Pack Go Act of 2023

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 Go Pack Go Act of 2023 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. 346. Carriage of network station signals in certain counties (a) Definitions In this section— (1) the term cable operator (2) the terms covered county in-State, adjacent-market network station retransmission (3) the term local market (4) the term local network station (A) that is affiliated with the television network; and (B) within the local market in which the subscriber is located; and (5) the terms network station satellite carrier (b) 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 the subscriber— (1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; (2) an in-State, adjacent-market network station retransmission; or (3) both retransmissions described in paragraphs (1) and (2). (c) Relationship to local signal carriage requirements If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)— (1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the 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(f) of title 17, United States Code, the provision of that 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 that section and section 342 of this Act. (d) Requirement subject to technical feasibility for satellite carriers A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. (e) 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 the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation. . (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)— (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: (1) Covered county The term covered county (2) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission . (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 346(b), 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 346) 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)(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. (2) in subsection (d)— (A) in paragraph (10)— (i) in subparagraph (A), by striking ; or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ; and (B) by adding at the end the following: (17) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission (A) in the State of a subscriber; and (B) in a local market that is adjacent to the local market of the subscriber. (18) Covered county The term covered county (A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. (B) The county is not in the local market of any television broadcast station— (i) that is affiliated with the same network; and (ii) whose community of license is located in the State of the subscriber. . (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 that paragraph, in accordance with an election under section 346(b) 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 that paragraph, in accordance with an election under section 346(b) of the Communications Act of 1934)

Summary: Go Pack Go Act of 2023 This bill requires a cable operator or satellite carrier to provide their subscribers in specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) the choice of retransmission of (1) the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station; or (3) both. This will allow residents of such Wisconsin counties currently assigned to an out-of-state Minnesota television market to access programming in Wisconsin.