I 
115TH CONGRESS 
2D SESSION 
H. R. 6465 
To repeal certain provisions of the Communications Act of 1934, title 17 
of the United States Code, and the regulations of the Federal Commu-
nications Commission that intervened in the television marketplace, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2018 
Mr. SCALISE introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To repeal certain provisions of the Communications Act of 
1934, title 17 of the United States Code, and the regula-
tions of the Federal Communications Commission that 
intervened in the television marketplace, 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 ‘‘Next Generation Tele-
vision Marketplace Act’’. 
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SEC. 2. REPEAL OF REGULATORY INTERVENTION IN THE 
TELEVISION 
MARKETPLACE 
UNDER 
THE 
COMMUNICATIONS ACT OF 1934. 
(a) IN GENERAL.—The following sections of the 
Communications Act of 1934 (47 U.S.C. 151 et seq.) are 
hereby repealed: 
(1) Section 339 (47 U.S.C. 339). 
(2) Section 340 (47 U.S.C. 340). 
(3) Section 341 (47 U.S.C. 341). 
(4) Section 342 (47 U.S.C. 342). 
(5) Section 612 (47 U.S.C. 532). 
(6) Section 614 (47 U.S.C. 534). 
(7) Section 712 (47 U.S.C. 612). 
(b) ADDITIONAL REPEAL.—Section 325 of the Com-
munications Act of 1934 (47 U.S.C. 325) is amended— 
(1) by striking subsections (b) and (e); and 
(2) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
(c) AMENDMENTS.— 
(1) SECTION 338.—Section 338 of the Commu-
nications Act of 1934 (47 U.S.C. 338) is amended 
to read as follows: 
‘‘SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY 
SATELLITE CARRIERS. 
‘‘(a) CARRIAGE OBLIGATIONS.— 
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‘‘(1) IN GENERAL.—Each satellite carrier pro-
viding signals of a qualified noncommercial edu-
cational television station in that station’s local mar-
ket shall carry upon request the signals of all quali-
fied noncommercial educational television stations lo-
cated within that local market. 
‘‘(2) LOW
POWER
STATION
CARRIAGE
OP-
TIONAL.—No low power television station shall be 
entitled to insist on carriage under this section, nor 
shall any such carriage be considered in connection 
with the requirements of subsection (c). 
‘‘(b) GOOD SIGNAL REQUIRED.—A qualified non-
commercial educational television station asserting its 
right to carriage under subsection (a) shall be required 
to bear the costs associated with delivering a good quality 
signal to the designated local receive facility of the satellite 
carrier or to another facility that is acceptable to at least 
one-half the stations asserting the right to carriage in the 
local market. 
‘‘(c) DUPLICATION NOT REQUIRED.—The Commis-
sion shall prescribe regulations limiting the carriage re-
quirements under subsection (a) of satellite carriers with 
respect to the carriage of multiple qualified noncommercial 
educational television stations. To the extent possible, 
such regulations shall provide the same degree of carriage 
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‘‘(f) REMEDIES.— 
‘‘(1) COMPLAINTS BY BROADCAST STATIONS.— 
Whenever a qualified noncommercial educational tel-
evision station believes that a satellite carrier has 
failed to meet its obligations under subsections (b) 
through (e), such station shall notify the carrier, in 
writing, of the alleged failure and identify its rea-
sons for believing that the satellite carrier failed to 
comply with such obligations. The satellite carrier 
shall, within 30 days after such written notification, 
respond in writing to such notification and comply 
with such obligations or state its reasons for believ-
ing that it is in compliance with such obligations. A 
qualified noncommercial educational television sta-
tion that disputes a response by a satellite carrier 
that it is in compliance with such obligations may 
obtain review of such denial or response by filing a 
complaint with the Commission. Such complaint 
shall allege the manner in which such satellite car-
rier has failed to meet its obligations and the basis 
for such allegations. 
‘‘(2) OPPORTUNITY TO RESPOND.—The Com-
mission shall afford the satellite carrier against 
which a complaint is filed under paragraph (1) an 
opportunity to present data and arguments to estab-
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lish that there has been no failure to meet its obliga-
tions under this section. 
‘‘(3) REMEDIAL ACTIONS; DISMISSAL.—Within 
120 days after the date a complaint is filed under 
paragraph (1), the Commission shall determine 
whether the satellite carrier has met its obligations 
under subsections (b) through (e). If the Commis-
sion determines that the satellite carrier has failed 
to meet such obligations, the Commission shall order 
the satellite carrier to take appropriate remedial ac-
tion. If the Commission determines that the satellite 
carrier has fully met the requirements of such sub-
sections, the Commission shall dismiss the com-
plaint. 
‘‘(g) 
PRIVACY
RIGHTS
OF
SATELLITE
SUB-
SCRIBERS.— 
‘‘(1) NOTICE.—At the time of entering into an 
agreement to provide any satellite service or other 
service to a subscriber and at least once a year 
thereafter, a satellite carrier shall provide notice in 
the form of a separate, written statement to such 
subscriber that clearly and conspicuously informs 
the subscriber of— 
‘‘(A) the nature of personally identifiable 
information collected or to be collected with re-
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spect to the subscriber and the nature of the 
use of such information; 
‘‘(B) the nature, frequency, and purpose of 
any disclosure which may be made of such in-
formation, including an identification of the 
types of persons to whom the disclosure may be 
made; 
‘‘(C) the period during which such infor-
mation will be maintained by the satellite car-
rier; 
‘‘(D) the times and place at which the sub-
scriber may have access to such information in 
accordance with paragraph (5); and 
‘‘(E) the limitations provided by this sub-
section with respect to the collection and disclo-
sure of information by a satellite carrier and 
the right of the subscriber under paragraphs 
(7) and (9) to enforce such limitations. 
In the case of subscribers who have entered into 
such an agreement before February 6, 2005, such 
notice shall be provided within 180 days of such date 
and at least once a year thereafter. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section, other than paragraph (9)— 
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‘‘(A) the term ‘personally identifiable infor-
mation’ does not include any record of aggre-
gate data which does not identify particular 
persons; 
‘‘(B) the term ‘other service’ includes any 
wire or radio communications service provided 
using any of the facilities of a satellite carrier 
that are used in the provision of satellite serv-
ice; and 
‘‘(C) the term ‘satellite carrier’ includes, in 
addition to persons within the definition of sat-
ellite carrier, any person who— 
‘‘(i) is owned or controlled by, or 
under common ownership or control with, 
a satellite carrier; and 
‘‘(ii) provides any wire or radio com-
munications service. 
‘‘(3) PROHIBITIONS.— 
‘‘(A) CONSENT TO COLLECTION.—Except 
as provided in subparagraph (B), a satellite 
carrier shall not use any facilities used by the 
satellite carrier to collect personally identifiable 
information concerning any subscriber without 
the prior written or electronic consent of the 
subscriber concerned. 
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‘‘(B) EXCEPTIONS.—A satellite carrier 
may use such facilities to collect such informa-
tion in order to— 
‘‘(i) obtain information necessary to 
render a satellite service or other service 
provided by the satellite carrier to the sub-
scriber; or 
‘‘(ii) detect unauthorized reception of 
satellite communications. 
‘‘(4) DISCLOSURE.— 
‘‘(A) CONSENT TO DISCLOSURE.—Except 
as provided in subparagraph (B), a satellite 
carrier shall not disclose personally identifiable 
information concerning any subscriber without 
the prior written or electronic consent of the 
subscriber concerned and shall take such ac-
tions as are necessary to prevent unauthorized 
access to such information by a person other 
than the subscriber or satellite carrier. 
‘‘(B) EXCEPTIONS.—A satellite carrier 
may disclose such information if the disclosure 
is— 
‘‘(i) necessary to render, or conduct a 
legitimate business activity related to, a 
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satellite service or other service provided 
by the satellite carrier to the subscriber; 
‘‘(ii) subject to paragraph (9), made 
pursuant to a court order authorizing such 
disclosure, if the subscriber is notified of 
such order by the person to whom the 
order is directed; 
‘‘(iii) a disclosure of the names and 
addresses of subscribers to any satellite 
service or other service, if— 
‘‘(I) the satellite carrier has pro-
vided the subscriber the opportunity 
to prohibit or limit such disclosure; 
and 
‘‘(II) the disclosure does not re-
veal, directly or indirectly, the— 
‘‘(aa) extent of any viewing 
or other use by the subscriber of 
a satellite service or other service 
provided by the satellite carrier; 
or 
‘‘(bb) the nature of any 
transaction made by the sub-
scriber over any facilities used by 
the satellite carrier; or 
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‘‘(iv) to a government entity as au-
thorized under chapter 119, 121, or 206 of 
title 18, United States Code, except that 
such disclosure shall not include records 
revealing satellite subscriber selection of 
video programming from a satellite carrier. 
‘‘(5) ACCESS BY SUBSCRIBER.—A satellite sub-
scriber shall be provided access to all personally 
identifiable information regarding that subscriber 
which is collected and maintained by a satellite car-
rier. Such information shall be made available to the 
subscriber at reasonable times and at a convenient 
place designated by such satellite carrier. A satellite 
subscriber shall be provided reasonable opportunity 
to correct any error in such information. 
‘‘(6) DESTRUCTION OF INFORMATION.—A sat-
ellite carrier shall destroy personally identifiable in-
formation if the information is no longer necessary 
for the purpose for which it was collected and there 
are no pending requests or orders for access to such 
information under paragraph (5) or pursuant to a 
court order. 
‘‘(7) PENALTIES.—Any person aggrieved by 
any act of a satellite carrier in violation of this sub-
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section may bring a civil action in a United States 
district court. The court may award— 
‘‘(A) actual damages but not less than liq-
uidated damages computed at the rate of $100 
a day for each day of violation or $1,000, 
whichever is higher; 
‘‘(B) punitive damages; and 
‘‘(C) reasonable attorneys’ fees and other 
litigation costs reasonably incurred. 
The remedy provided by this subsection shall be in 
addition to any other lawful remedy available to a 
satellite subscriber. 
‘‘(8) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to prohibit any 
State from enacting or enforcing laws consistent 
with this subsection for the protection of subscriber 
privacy. 
‘‘(9) COURT ORDERS.—Except as provided in 
paragraph (4)(B)(iv), a governmental entity may ob-
tain personally identifiable information concerning a 
satellite subscriber pursuant to a court order only if, 
in the court proceeding relevant to such court 
order— 
‘‘(A) such entity offers clear and con-
vincing evidence that the subject of the infor-
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mation is reasonably suspected of engaging in 
criminal activity and that the information 
sought would be material evidence in the case; 
and 
‘‘(B) the subject of the information is af-
forded the opportunity to appear and contest 
such entity’s claim. 
‘‘(h) REGULATIONS BY COMMISSION.—The regula-
tions prescribed under this section shall include require-
ments on satellite carriers that are comparable to the re-
quirements on cable operators under paragraphs (1) and 
(2) of section 615(g). 
‘‘(i) DEFINITIONS.—As used in this section: 
‘‘(1) DISTRIBUTOR.—The term ‘distributor’ 
means an entity that contracts to distribute sec-
ondary transmissions from a satellite carrier and, ei-
ther as a single channel or in a package with other 
programming, provides the secondary transmission 
either directly to individual subscribers or indirectly 
through other program distribution entities. 
‘‘(2) LOCAL
RECEIVE
FACILITY.—The term 
‘local receive facility’ means the reception point in 
each local market which a satellite carrier designates 
for delivery of the signal of the station for purposes 
of retransmission. 
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‘‘(3) LOCAL MARKET.— 
‘‘(A) IN GENERAL.—The term ‘local mar-
ket’, in the case of a qualified noncommercial 
educational television station, means the des-
ignated market area in which a station is lo-
cated and includes any station that is licensed 
to a community within the same designated 
market area as such station. 
‘‘(B) COUNTY OF LICENSE.—In addition to 
the area described in subparagraph (A), a sta-
tion’s local market includes the county in which 
the station’s community of license is located. 
‘‘(C) DESIGNATED
MARKET
AREA.—For 
purposes of subparagraph (A), the term ‘des-
ignated market area’ means a designated mar-
ket area, as determined by Nielsen Media Re-
search and published in the 1999–2000 Nielsen 
Station Index Directory and Nielsen Station 
Index United States Television Household Esti-
mates or any successor publication. 
‘‘(D) CERTAIN
AREAS
OUTSIDE
OF
ANY 
DESIGNATED MARKET AREA.—Any census area, 
borough, or other area in the State of Alaska 
that is outside of a designated market area, as 
determined by Nielsen Media Research, shall be 
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deemed to be part of one of the local markets 
in the State of Alaska. A satellite carrier may 
determine which local market in the State of 
Alaska will be deemed to be the relevant local 
market in connection with each subscriber in 
such census area, borough, or other area. 
‘‘(4) LOW POWER TELEVISION STATION.—The 
term ‘low power television station’ means a low 
power television station as defined under section 
74.701(f) of title 47, Code of Federal Regulations, 
as in effect on June 1, 2004. For purposes of this 
paragraph, the term ‘low power television station’ in-
cludes a low power television station that has been 
accorded primary status as a Class A television li-
censee under section 73.6001(a) of title 47, Code of 
Federal Regulations. 
‘‘(5) 
QUALIFIED
NONCOMMERCIAL
EDU-
CATIONAL TELEVISION STATION.—The term ‘quali-
fied noncommercial educational television station’ 
has the meaning given such term in section 615. 
‘‘(6) SATELLITE CARRIER.—The term ‘satellite 
carrier’ has the meaning given such term in section 
111(c) of title 17, United States Code. 
‘‘(7) 
SUBSCRIBER.—The 
term 
‘subscriber’ 
means a person or entity that receives a secondary 
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transmission service from a satellite carrier and pays 
a fee for the service, directly or indirectly, to the sat-
ellite carrier or to a distributor.’’. 
(2) SECTION 623.—Section 623 of the Commu-
nications Act of 1934 (47 U.S.C. 543) is amended 
to read as follows: 
‘‘SEC. 623. REGULATION OF RATES AND BROADCAST SIG-
NAL CARRIAGE. 
‘‘No Federal agency, State, or franchising authority 
may regulate— 
‘‘(1) the rates for the provision of the service of 
a multichannel video programming distributor; or 
‘‘(2) the retransmission of television broadcast 
signals by a multichannel video programming dis-
tributor except in accordance with the requirements 
of sections 338 and 615 related to qualified non-
commercial educational television stations.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) SECTION 309.—Section 309(c)(2)(F) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
309(c)(2)(F)) is amended by striking ‘‘section 
325(c)’’ and inserting ‘‘section 325(b)’’. 
(2) SECTION
336.—Section 336(b)(3) of the 
Communications Act of 1934 (47 U.S.C. 336(b)(3)) 
is amended by striking ‘‘614 or’’. 
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ated by a public agency, nonprofit founda-
tion, nonprofit corporation, or nonprofit 
association; or 
‘‘(ii) is owned and operated by a mu-
nicipality and transmits predominantly 
noncommercial programs for educational 
purposes. 
‘‘(B) INCLUSIONS.—Such term includes— 
‘‘(i) the translator of any noncommer-
cial educational television station with five 
watts or higher power serving the franchise 
area; 
‘‘(ii) a full-service station or trans-
lator if such station or translator is li-
censed to a channel reserved for non-
commercial educational use pursuant to 
section 73.606 of title 47, Code of Federal 
Regulations, or any successor regulations 
thereto; and 
‘‘(iii) such stations and translators op-
erating on channels not so reserved as the 
Commission determines are qualified as 
noncommercial educational stations.’’. 
(6) SECTION 621.—Section 621(b)(3)(D) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
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541(b)(3)(D)) is amended by striking ‘‘sections 611 
and 612’’ and inserting ‘‘section 611’’. 
(7) SECTION 622.—Section 622(c) of the Com-
munications Act of 1934 (47 U.S.C. 542(c)) is 
amended by striking ‘‘pursuant to section 623’’. 
(8) SECTION 625.—Section 625 of the Commu-
nications Act of 1934 (47 U.S.C. 545) is amended— 
(A) in subsection (c)— 
(i) by striking ‘‘rearrange, replace,’’ 
and inserting ‘‘replace’’; 
(ii) in paragraph (1), by striking ‘‘; 
or’’ and inserting a period; 
(iii) by striking paragraph (2); and 
(iv) by striking ‘‘franchise if—’’ and 
all that follows through ‘‘such service is no 
longer’’ and inserting ‘‘franchise if such 
service is no longer’’; and 
(B) in subsection (d), by striking ‘‘, if the 
rates’’ and all that follows and inserting a pe-
riod. 
(9) SECTION 632.—Section 632(c) of the Com-
munications Act of 1934 (47 U.S.C. 552(c)) is 
amended by striking ‘‘section 623(b)(6) or’’. 
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(10) SECTION 635.—Section 635(c) of the Com-
munications Act of 1934 (47 U.S.C. 555(c)) is 
amended by striking ‘‘614 or’’ each place it appears. 
(11) SECTION 638.—Section 638 of the Commu-
nications Act of 1934 (47 U.S.C. 558) is amended 
by striking ‘‘governmental use or on any other chan-
nel obtained under section 612 or under similar ar-
rangements’’ and inserting ‘‘or governmental use’’. 
(12) SECTION 653.—Section 653 of the Commu-
nications Act of 1934 (47 U.S.C. 573) is amended— 
(A) in subsection (b)(1)— 
(i) in subparagraph (A), by striking ‘‘, 
614,’’; 
(ii) in subparagraph (C), by adding 
‘‘and’’ at the end; and 
(iii) by striking subparagraph (D) and 
redesignating subparagraph (E) as sub-
paragraph (D); and 
(B) in subsection (c)(1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(other than sub-
section (a) thereof)’’; and 
(II) by striking ‘‘623(f),’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘, 614,’’; and 
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(II) by striking ‘‘, and section 
325 of title III,’’; and 
(iii) in subparagraph (C)— 
(I) by striking ‘‘sections 612 and 
617’’ and inserting ‘‘section 617’’; 
and 
(II) by striking ‘‘623(f),’’. 
SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE 
TELEVISION 
MARKETPLACE 
UNDER 
THE 
COPYRIGHT ACT. 
(a) IN GENERAL.— 
(1) REPEAL.—Sections 119, 122, and 510 of 
title 17, United States Code, are hereby repealed. 
(2) CONFORMING AMENDMENTS.—The table of 
sections at the beginning of— 
(A) chapter 1 of title 17, United States 
Code, is amended by striking the items related 
to sections 119 and 122; and 
(B) chapter 5 of title 17, United States 
Code, is amended by striking the item related 
to section 510. 
(b) AMENDMENTS.—Section 111 of title 17, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘local service area of 
such station’’ and inserting ‘‘designated 
market 
area 
(as 
defined 
in 
section 
501(c)(2))’’; and 
(ii) by striking ‘‘or’’ after the semi-
colon; 
(B) in paragraph (2) by striking ‘‘or’’ after 
the semicolon; and 
(C) by amending paragraph (4) to read as 
follows: 
‘‘(4) the secondary transmission— 
‘‘(A) is made by— 
‘‘(i) a cable system in accordance with 
section 615 of the Communications Act of 
1934 (47 U.S.C. 535); or 
‘‘(ii) a satellite carrier in accordance 
with section 338 of the Communications 
Act of 1934 (47 U.S.C. 338); and 
‘‘(B) is consistent with the rules, regula-
tions, and authorizations of the Federal Com-
munications Commission; or’’; 
(2) in subsection (b) by striking ‘‘subsections 
(a) and (c)’’ and inserting ‘‘subsection (a)’’; 
(3) by striking subsections (c), (d), and (e); 
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(4) by redesignating subsection (f) as sub-
section (c); and 
(5) in subsection (c), as so redesignated— 
(A) in paragraph (3), by striking the sec-
ond sentence; 
(B) by striking paragraphs (4) through 
(13); and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(4) SATELLITE CARRIER.—The term ‘satellite 
carrier’ means an entity that uses the facilities of a 
satellite or satellite service licensed by the Federal 
Communications Commission and operates in the 
Fixed-Satellite Service or the Direct Broadcast Sat-
ellite Service under part 25 of title 47, Code of Fed-
eral Regulations, to establish and operate a channel 
of communications for point-to-multipoint distribu-
tion of television station signals, and that owns or 
leases a capacity or service on a satellite in order to 
provide such point-to-multipoint distribution, except 
to the extent that such entity provides such distribu-
tion pursuant to tariff under the Communications 
Act of 1934 (47 U.S.C. 151 et seq.), other than for 
private home viewing. 
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‘‘(5) PRIVATE HOME VIEWING.—The term ‘pri-
vate home viewing’ means the viewing, for private 
use in a household by means of satellite reception 
equipment that is operated by an individual in that 
household and that serves only such household, of a 
secondary transmission delivered by a satellite car-
rier of a primary transmission of a television station 
licensed by the Federal Communications Commis-
sion.’’. 
(c) CONFORMING AMENDMENTS.—Title 17, United 
States Code, is amended— 
(1) in section 106, by striking ‘‘122’’ and in-
serting ‘‘121’’; 
(2) in section 110(8), by striking ‘‘section 
111(f)’’ and inserting ‘‘section 111(c)’’; 
(3) in section 114(d)(1)(B)(iii), by striking 
‘‘section 111(f)’’ and inserting ‘‘section 111(c)’’; 
(4) in section 501— 
(A) in subsection (a), by striking ‘‘122’’ 
and inserting ‘‘121’’; 
(B) by striking subsections (c), (d), and 
(e); and 
(C) by amending subsection (f) to read as 
follows: 
VerDate Sep 11 2014 
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lotter on DSKBCFDHB2PROD with BILLS