I 
113TH CONGRESS 
1ST SESSION H. R. 3719 
To amend the Communications Act of 1934 to facilitate retransmission con-
sent negotiations between television broadcast stations and multichannel 
video programming distributors, to provide greater subscriber choice in 
cable service tiers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2013 
Ms. ESHOO (for herself and Ms. LOFGREN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to facilitate 
retransmission consent negotiations between television 
broadcast stations and multichannel video programming 
distributors, to provide greater subscriber choice in cable 
service tiers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Video Consumers Have 
Options in Choosing Entertainment Act of 2013’’ or the 
‘‘Video CHOICE Act of 2013’’. 
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SEC. 2. CARRIAGE DURING RETRANSMISSION CONSENT NE-
GOTIATION IMPASSE. 
Section 325(b)(3) of the Communications Act of 
1934 (47 U.S.C. 325(b)(3)) is amended by adding at the 
end the following: 
‘‘(D) If a negotiation for a replacement or extended 
retransmission consent agreement between a television 
broadcast station and a multichannel video programming 
distributor reaches an impasse that results in the expira-
tion of the carriage rights of the multichannel video pro-
gramming distributor, the Commission may, notwith-
standing paragraph (1)(A), authorize interim carriage of 
such station by such distributor pending the conclusion 
of a new agreement.’’. 
SEC. 3. PROHIBITION OF AGREEMENTS CONDITIONED ON 
CARRIAGE OF AFFILIATED PROGRAMMING. 
(a) IN GENERAL.—Section 325(b) of the Commu-
nications Act of 1934 (47 U.S.C. 325(b)) is amended by 
redesignating paragraph (7) as paragraph (8) and insert-
ing after paragraph (6) the following: 
‘‘(7) A television broadcast station that elects to exer-
cise its right to grant retransmission consent under this 
subsection may not enter into a retransmission consent 
agreement with a multichannel video programming dis-
tributor that is directly or indirectly conditioned on car-
riage of any other programming affiliated with such sta-
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tion (or with a person who owns or controls, is owned or 
controlled by, or is under common ownership or control 
with such station).’’. 
(b) NO EFFECT
ON PRIOR AGREEMENTS.—The 
amendment made by subsection (a) shall apply with re-
spect to retransmission consent agreements entered into 
after the date of the enactment of this Act. 
SEC. 4. RULEMAKING ON BLOCKING OF ONLINE CONTENT 
DURING NEGOTIATIONS. 
Not later than 6 months after the date of the enact-
ment of this Act, the Federal Communications Commis-
sion shall complete a rulemaking proceeding to determine 
whether, during retransmission consent negotiations or 
after the parties to such negotiations reach an impasse 
resulting in the expiration of an existing retransmission 
consent agreement, the blocking of online content owned 
by or affiliated with a television broadcast station (or a 
person who owns or controls, is owned or controlled by, 
or is under common ownership or control with such sta-
tion) constitutes a failure to negotiate in good faith under 
section 325(b)(3)(C)(ii) of the Communications Act of 
1934 (47 U.S.C. 325(b)(3)(C)(ii)). 
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SEC. 5. CABLE SERVICE TIERS. 
(a) CONTENTS OF BASIC SERVICE TIER.—Section 
623(b)(7)(A) of the Communications Act of 1934 (47 
U.S.C. 543(b)(7)(A)) is amended by striking clause (iii). 
(b) RETRANSMISSION CONSENT SERVICE TIER.— 
(1) IN GENERAL.—Section 623(b) of the Com-
munications Act of 1934 (47 U.S.C. 543(b)) is 
amended by adding at the end the following: 
‘‘(9) 
RETRANSMISSION
CONSENT
SERVICE 
TIER.— 
‘‘(A) IN GENERAL.—Each cable operator 
of a cable system shall offer its subscribers a 
separately 
available 
retransmission 
consent 
service tier that consists only of the signal of 
each television broadcast station electing re-
transmission consent under section 325(b) that 
is carried on the cable system. 
‘‘(B) SUBJECT TO RATE REGULATION.— 
The retransmission consent service tier de-
scribed in subparagraph (A) shall be subject to 
rate regulation under this Act to the same ex-
tent as the basic service tier described in para-
graph (7).’’. 
(2) PROHIBITION
ON
CERTAIN
BUNDLING.— 
Section 623(b)(8)(A) of the Communications Act of 
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1934 (47 U.S.C. 543(b)(8)(A)) is amended to read 
as follows: 
‘‘(A) PROHIBITION.—A cable operator may 
not require the subscription to any tier other 
than the basic service tier required by para-
graph (7) as a condition of access to, or dis-
criminate between subscribers to the basic serv-
ice tier and other subscribers with regard to the 
rates charged for— 
‘‘(i) video programming offered on a 
per channel or per program basis; or 
‘‘(ii) the retransmission consent serv-
ice tier described in paragraph (9).’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
623(a)(2)(A) of the Communications Act of 1934 
(47 U.S.C. 543(a)(2)(A)) is amended by striking 
‘‘basic cable service’’ and inserting ‘‘the basic service 
tier described in subsection (b)(7)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 6 months 
after the date of the enactment of this Act. 
SEC. 6. FCC STUDY OF SPORTS PROGRAMMING COSTS. 
For the first year that begins after the date that is 
6 months after the date of the enactment of this Act and 
each year thereafter, the Federal Communications Com-
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mission shall conduct a study and submit to Congress a 
report on the costs paid by multichannel video program-
ming distributors (as defined in section 602 of the Com-
munications Act of 1934 (47 U.S.C. 522)) for carriage 
of regional and national television sports networks in the 
top 20 regional sports markets, as determined by the Com-
mission. 
Æ 
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