Title: Modern Television Act of 2021
Policy area: Science, Technology, Communications

Summary:
Modern Television Act of 2021
This bill establishes measures to prevent blackouts of television broadcast stations, including requiring good-faith negotiations in broadcast agreements and providing for outside arbitration of certain negotiation disputes.
Specifically, the bill requires a station and a cable or satellite service to negotiate in good faith when attempting to reach a marketplace agreement, and it requires the cable or satellite service to retransmit the signal of a station for up to 60 days while the parties renegotiate an expired agreement. The Federal Communications Commission may require a station and a cable or satellite service to submit to binding arbitration to resolve any dispute that may arise (the parties must be retroactively paid for content aired during this time). Further, a station is prohibited from requiring payment from a cable or satellite service for customers of the cable or satellite service who do not receive the signals of the station from that service.
Additionally, the bill repeals specified provisions, including those related to retransmission consent and compulsory copyright licenses. The bill also disallows federal, state, and local authorities from regulating the rates of a cable or satellite service.
The Government Accountability Office must assess the impact of the bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1856

 To repeal certain provisions of the Communications Act of 1934, title 
  17 of the United States Code, and certain regulations, to allow for 
    interim carriage of television broadcast signals, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2021

Mr. Scalise (for himself and Ms. Eshoo) introduced the following bill; 
  which was referred to the Committee 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 jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To repeal certain provisions of the Communications Act of 1934, title 
  17 of the United States Code, and certain regulations, to allow for 
    interim carriage of television broadcast 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 ``Modern Television Act of 2021''.

SEC. 2. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING.

    (a) Agreements for Carriage of Broadcast Programming.--Section 325 
of the Communications Act of 1934 (47 U.S.C. 325) is amended--
            (1) in subsection (b)(3)(C)--
                    (A) by striking clauses (ii), (iii), and (iv); and
                    (B) by redesignating clauses (v) and (vi) as 
                clauses (ii) and (iii), respectively; and
            (2) by adding at the end the following:
    ``(f) Requirements for Marketplace Agreements.--
            ``(1) Negotiation requirements.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of the Modern Television Act of 
                2021, the Commission shall, by regulation--
                            ``(i) require a television broadcast 
                        station and multichannel video programming 
                        distributor (and any large station group or 
                        qualified MVPD buying group negotiating for a 
                        marketplace agreement on behalf of a television 
                        broadcast station or multichannel video 
                        programming distributor, respectively) to 
                        negotiate in good faith in any effort to reach 
                        a marketplace agreement; and
                            ``(ii) prohibit a television broadcast 
                        station from coordinating negotiations or 
                        negotiating on a joint basis with another 
                        television broadcast station in the same local 
                        market in an effort to reach a marketplace 
                        agreement with a multichannel video programming 
                        distributor, unless such stations are directly 
                        or indirectly under common de jure control 
                        permitted under the regulations of the 
                        Commission.
                    ``(B) Good faith requirements.--The regulations 
                promulgated under paragraph (1)(A) shall provide--
                            ``(i) that it is a violation of the 
                        requirement under paragraph (1)(A)(i)--
                                    ``(I) for a multichannel video 
                                programming distributor, a qualified 
                                MVPD buying group, a television 
                                broadcast station, or a large station 
                                group to refuse to declare an impasse 
                                for the sole purpose of avoiding 
                                binding arbitration under subsection 
                                (g), as added by the Modern Television 
                                Act of 2021; or
                                    ``(II) for a large station group to 
                                prohibit a qualified MVPD buying group 
                                from permitting a multichannel video 
                                programming distributor with which the 
                                large station group has an existing 
                                marketplace agreement to join a new 
                                marketplace agreement negotiated by the 
                                large station group and the qualified 
                                MVPD buying group upon the expiration 
                                of the existing marketplace agreement, 
                                if the multichannel video programming 
                                distributor was unable to join the new 
                                marketplace agreement at the time of 
                                the execution of the agreement because 
                                of the existing marketplace agreement;
                            ``(ii) that is not a violation of the 
                        requirement under paragraph (1)(A)(i)--
                                    ``(I) for a television broadcast 
                                station or large station group to enter 
                                into marketplace agreements containing 
                                different terms and conditions, 
                                including price terms and royalty fees, 
                                with different multichannel video 
                                programming distributors or with 
                                different qualified MVPD buying groups 
                                if such different terms and conditions 
                                are based on competitive marketplace 
                                considerations; or
                                    ``(II) for a multichannel video 
                                programming distributor or a qualified 
                                MVPD buying group to enter into 
                                marketplace agreements containing 
                                different terms and conditions, 
                                including price terms and royalty fees, 
                                with different television broadcast 
                                stations or with different large 
                                station groups if such different terms 
                                and conditions are based on competitive 
                                marketplace considerations;
                            ``(iii) that a multichannel video 
                        programming distributor may satisfy its 
                        obligations under paragraph (1)(A)(i) by 
                        designating a qualified MVPD buying group to 
                        negotiate on its behalf, so long as the 
                        qualified MVPD buying group itself negotiates 
                        in good faith; and
                            ``(iv) that a qualified MVPD buying group 
                        may satisfy any obligations under paragraph 
                        (1)(A)(i) to designate a representative with 
                        authority to make binding representations by 
                        designating such a representative that can make 
                        binding representations on the qualified MVPD 
                        buying group's behalf.
            ``(2) Interim carriage.--Not later than 90 days after the 
        date of the enactment of the Modern Television Act of 2021, the 
        Commission shall, by regulation, require a multichannel video 
        programming distributor to retransmit a signal of a television 
        broadcast station and the television broadcast station to 
        permit the retransmission of that signal--
                    ``(A) for a period not longer than 60 days 
                beginning on the date on which a marketplace agreement 
                entered into by the television broadcast station and 
                the multichannel video programming distributor (or by 
                any large station group or qualified MVPD buying group 
                negotiating for a marketplace agreement on behalf of a 
                television broadcast station or multichannel video 
                programming distributor, respectively) expires; and
                    ``(B) under the terms and conditions of such 
                expired agreement.
            ``(3) Retroactivity of marketplace agreement.--Not later 
        than 90 days after the date of the enactment of the Modern 
        Television Act of 2021, the Commission shall require, by 
        regulation, each marketplace agreement entered into on or after 
        such date of enactment by a television broadcast station and a 
        multichannel video programming distributor (or by any large 
        station group or qualified MVPD buying group negotiating for a 
        marketplace agreement on behalf of a television broadcast 
        station or multichannel video programming distributor, 
        respectively) to include a clause making the terms of the 
        agreement retroactive to the expiration date of the most recent 
        marketplace agreement entered into by or on behalf of the 
        station and the distributor if the station and the 
        distributor--
                    ``(A) had previously entered into a marketplace 
                agreement; and
                    ``(B) are required to retransmit a signal or permit 
                the retransmission of a signal, as the case may be, 
                under paragraph (2) or subsection (g), as added by the 
                Modern Television Act of 2021.
            ``(4) Prohibition on requiring certain payments.--Not later 
        than 90 days after the date of the enactment of the Modern 
        Television Act of 2021, the Commission shall, by regulation, 
        prohibit a television broadcast station from requiring payment, 
        either directly or indirectly, from a multichannel video 
        programming distributor for customers of the multichannel video 
        programming distributor who do not receive the signals of the 
        television broadcast station from that distributor.
            ``(5) Limitation.--The requirements under this subsection 
        do not apply with respect to mandatory carriage of the signal 
        of a television broadcast station that elects mandatory 
        carriage under section 338, 614, or 615.
            ``(6) Definitions.--In this subsection:
                    ``(A) Large station group.--The term `large station 
                group' means a group of television broadcast stations 
                that--
                            ``(i) are directly or indirectly under 
                        common de jure control permitted by the 
                        regulations of the Commission;
                            ``(ii) generally negotiate agreements for 
                        retransmission consent under this section as a 
                        single entity; and
                            ``(iii) include only television broadcast 
                        stations that collectively have a national 
                        audience reach of more than 20 percent.
                    ``(B) Local market.--The term `local market' has 
                the meaning given such term in section 122(j) of title 
                17, United States Code.
                    ``(C) Marketplace agreement.--The term `marketplace 
                agreement' means an agreement, or agreements, for--
                            ``(i) the exclusive right under section 106 
                        of title 17, United States Code, to transmit a 
                        performance or display of a work embodied in 
                        primary transmission (as defined in section 
                        111(f) of such title) of a television broadcast 
                        station and the royalty fee payable; or
                            ``(ii) retransmission consent under 
                        subsection (b), as in effect before the repeal 
                        made by the Modern Television Act of 2021.
                    ``(D) Multichannel video programming distributor.--
                The term `multichannel video programming distributor' 
                has the meaning given such term in section 602.
                    ``(E) Qualified mvpd buying group.--The term 
                `qualified MVPD buying group' means an entity that, 
                with respect to a negotiation with a large station 
                group for retransmission consent under this section--
                            ``(i) negotiates on behalf of two or more 
                        multichannel video programming distributors--
                                    ``(I) none of which is a 
                                multichannel video programming 
                                distributor that serves more than 
                                500,000 subscribers nationally; and
                                    ``(II) that do not collectively 
                                serve more than 25 percent of all 
                                households served by multichannel video 
                                programming distributors in any single 
                                local market in which the applicable 
                                large station group operates; and
                            ``(ii) negotiates agreements for such 
                        retransmission consent--
                                    ``(I) that contain standardized 
                                contract provisions, including billing 
                                structures and technical quality 
                                standards, for each multichannel video 
                                programming distributor on behalf of 
                                which the entity negotiates; and
                                    ``(II) under which the entity 
                                assumes liability to remit to the 
                                applicable large station group all fees 
                                received from the multichannel video 
                                programming distributors on behalf of 
                                which the entity negotiates.
                    ``(F) Television broadcast station.--The term 
                `television broadcast station' means an over-the-air 
                commercial or noncommercial television broadcast 
                station licensed by the Commission under subpart E of 
                part 73 of title 47, Code of Federal Regulations, 
                except that such term does not include a low-power or 
                translator television station.''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date that is 90 days after the date 
of the enactment of this Act.

SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE 
              UNDER THE COMMUNICATIONS ACT OF 1934.

    (a) Repeal.--The following sections of the Communications Act of 
1934 (47 U.S.C. 151 et seq.) are hereby repealed:
            (1) Section 325(b) (47 U.S.C. 325(b)).
            (2) Section 325(e) (47 U.S.C. 325(e)).
            (3) Section 339 (47 U.S.C. 339).
            (4) Section 340 (47 U.S.C. 340).
            (5) Section 341 (47 U.S.C. 341).
            (6) Section 342 (47 U.S.C. 342).
            (7) Section 612 (47 U.S.C. 532).
            (8) Section 712 (47 U.S.C. 612).
    (b) Additional Amendments.--
            (1) Section 338.--Section 338 of the Communications Act of 
        1934 (47 U.S.C. 338) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``or under a 
                                marketplace agreement (as that term is 
                                defined in section 325),'' after 
                                ``Code,''; and
                                    (II) by striking ``, subject to 
                                section 325(b)'';
                            (ii) in paragraph (2), by striking 
                        ``501(f)'' each place it appears and inserting 
                        ``501(e)'';
                            (iii) in paragraph (3)--
                                    (I) by striking ``whose signals'' 
                                and all that follows through ``of title 
                                17, United States Code,''; and
                                    (II) by inserting ``or a 
                                marketplace agreement'' after ``such 
                                title'';
                            (iv) by amending paragraph (5) to read as 
                        follows:
            ``(5) Nondiscrimination in carriage of high definition 
        signals of noncommercial educational television stations.--If, 
        on or after the date of enactment of the Satellite Television 
        Extension and Localism Act of 2010, an eligible satellite 
        carrier initiates the provision of any secondary transmission 
        in high definition format to subscribers located within the 
        local market of a television broadcast station of a primary 
        transmission made by that station, then such satellite carrier 
        shall carry the signals in high-definition format of all 
        qualified noncommercial educational television stations located 
        within that local market.''; and
                    (B) in subsection (d), by inserting ``seeking 
                carriage under subsection (a)(1)'' after ``signal of a 
                local television broadcast station'';
                    (C) by striking subsection (h);
                    (D) by redesignating subsections (i), (j), (k), and 
                (l) as subsections (h), (i), (j), and (k), 
                respectively;
                    (E) in subsection (j), as so redesignated--
                            (i) by striking paragraph (1);
                            (ii) by redesignating paragraphs (2), (3), 
                        (4), (5), (6), (7), (8), (9), and (10) as 
                        paragraphs (1), (2), (3), (4), (5), (6), (7), 
                        (8), and (9), respectively;
                            (iii) in paragraph (3), as so redesignated, 
                        by striking ``122(j)'' and inserting 
                        ``122(g)'';
                            (iv) in paragraph (6), as so redesignated, 
                        by striking ``119(d)'' and inserting 
                        ``111(f)'';
                            (v) in paragraph (7), as so redesignated, 
                        by striking ``119(d)'' and inserting 
                        ``111(f)'';
                            (vi) in paragraph (8), as so redesignated, 
                        by striking ``122(j)'' and inserting 
                        ``122(g)''; and
                            (vii) in paragraph (9), as so redesignated, 
                        by striking ``325(b)(7)'' and inserting 
                        ``325''; and
                    (F) in subsection (k), as so redesignated, by 
                striking paragraph (5).
            (2) Section 623.--Section 623 of the Communications Act of 
        1934 (47 U.S.C. 543) is amended--
                    (A) by striking subsections (a), (b), (c), (d), 
                (g), (h), (i), (j), (k), (l), (m), (n), and (o);
                    (B) by redesignating subsections (e) and (f) as 
                subsections (a) and (b), respectively; and
                    (C) by adding at the end the following:
    ``(c) Regulation of Rates and Broadcast Signal Carriage.--No 
Federal agency, State, or franchising authority may regulate--
            ``(1) the rates for the provision of multichannel video 
        programming services of a multichannel video programming 
        distributor; or
            ``(2) the retransmission of television broadcast signals by 
        a multichannel video programming distributor except in 
        accordance with the requirements of sections 325, 338, 614, and 
        615.''.
    (c) Conforming Amendments.--
            (1) Section 343.--Section 343 of the Communications Act of 
        1934 (47 U.S.C. 343) is redesignated as section 339 of such 
        Act.
            (2) Section 615.--Section 615 of the Communications Act of 
        1934 (47 U.S.C. 535) is amended--
                    (A) by striking subsection (f); and
                    (B) in subsection (l), by striking paragraph (1) 
                and inserting the following:
            ``(1) Qualified noncommercial educational television 
        station.--
                    ``(A) In general.--The term `qualified 
                noncommercial educational television station' means any 
                full-power television broadcast station which--
                            ``(i) under the rules and regulations of 
                        the Commission in effect on March 29, 1990, is 
                        licensed by the Commission as a noncommercial 
                        educational television broadcast station and is 
                        owned and operated by a public agency, 
                        nonprofit foundation, nonprofit corporation, or 
                        nonprofit association; or
                            ``(ii) is owned and operated by a 
                        municipality and transmits predominantly 
                        noncommercial programs for educational 
                        purposes.
                    ``(B) Inclusions.--Such term includes--
                            ``(i) the translator of any noncommercial 
                        educational television station with five watts 
                        or higher power serving the franchise area;
                            ``(ii) a full-service station or translator 
                        if such station or translator is licensed to a 
                        channel reserved for noncommercial 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 
                        operating on channels not so reserved as the 
                        Commission determines are qualified as 
                        noncommercial educational stations.''.
            (3) Section 621.--Section 621(b)(3)(D) of the 
        Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended 
        by striking ``sections 611 and 612'' and inserting ``section 
        611''.
            (4) Section 622.--Section 622(c) of the Communications Act 
        of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to 
        section 623''.
            (5) Section 625.--Section 625 of the Communications 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 period.
            (6) Section 632.--Section 632(c) of the Communications Act 
        of 1934 (47 U.S.C. 552(c)) is amended by striking ``section 
        623(b)(6) or''.
            (7) Section 638.--Section 638 of the Communications Act of 
        1934 (47 U.S.C. 558) is amended by striking ``governmental use 
        or on any other channel obtained under section 612 or under 
        similar arrangements'' and inserting ``or governmental use''.
            (8) Section 653.--Section 653 of the Communications Act of 
        1934 (47 U.S.C. 573) is amended--
                    (A) in subsection (b)(1)--
                            (i) in subparagraph (C), by adding ``and'' 
                        at the end; and
                            (ii) by striking subparagraph (D) and 
                        redesignating subparagraph (E) as subparagraph 
                        (D); and
                    (B) in subsection (c)(1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(other than 
                                subsection (a) thereof)''; and
                                    (II) by striking ``623(f)'' and 
                                inserting ``623(b)'';
                            (ii) in subparagraph (B), 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)'' and 
                                inserting ``623(b)''.

SEC. 4. BINDING ARBITRATION.

    Section 325 of the Communications Act of 1934, as amended by 
sections 2 and 3, is further amended by adding at the end the 
following:
    ``(g) Binding Arbitration.--
            ``(1) Requirement.--Beginning on the date that is 90 days 
        after the date on which this subsection takes effect, the 
        Commission shall, by regulation--
                    ``(A) provide that the Commission may require a 
                television broadcast station and multichannel video 
                programming distributor negotiating a marketplace 
                agreement (and any large station group or qualified 
                MVPD buying group negotiating for a marketplace 
                agreement on behalf of a television broadcast station 
                or multichannel video programming distributor, 
                respectively) to submit to binding arbitration--
                            ``(i) upon--
                                    ``(I) a declaration of an impasse 
                                in negotiations by all parties 
                                negotiating the agreement;
                                    ``(II) a preliminary finding by the 
                                Commission of a violation of the good 
                                faith requirement under subsection 
                                (f)(1)(A)(i); or
                                    ``(III) the failure of the 
                                television broadcast station and 
                                multichannel programming distributor 
                                (or any large station group or 
                                qualified MVPD buying group negotiating 
                                for a marketplace agreement on behalf 
                                of a television broadcast station or 
                                multichannel video programming 
                                distributor, respectively) to reach a 
                                marketplace agreement by the date that 
                                is 60 days after the date on which a 
                                marketplace agreement entered into by 
                                the television broadcast station and 
                                the multichannel video programming 
                                distributor (or by any large station 
                                group or qualified MVPD buying group 
                                negotiating for a marketplace agreement 
                                on behalf of a television broadcast 
                                station or multichannel video 
                                programming distributor, respectively) 
                                expires; and
                            ``(ii) in a form substantially similar to 
                        that imposed in Section VII of Appendix A of 
                        the Memorandum Opinion and Order in the matter 
                        of Applications of Comcast Corporation, General 
                        Electric Company and NBC Universal, Inc. For 
                        Consent to Assign Licenses and Transfer Control 
                        of Licensees that was adopted by the Commission 
                        on January 18, 2011 (FCC 11-4); and
                    ``(B) provide that the Commission may require a 
                multichannel video programming distributor to 
                retransmit a signal of a television broadcast station 
                and the television broadcast station to permit the 
                retransmission of that signal--
                            ``(i) during any period in which the 
                        television broadcast station and the 
                        multichannel video programming distributor (or 
                        any large station group or qualified MVPD 
                        buying group negotiating for a marketplace 
                        agreement on behalf of a television broadcast 
                        station or multichannel video programming 
                        distributor, respectively) are required to 
                        submit to binding arbitration under 
                        subparagraph (A); and
                            ``(ii) in accordance with the interim 
                        carriage provisions imposed in Section VII of 
                        Appendix A of the Memorandum Opinion and Order 
                        described under subparagraph (A)(ii).
            ``(2) Definitions.--In this subsection, the terms `large 
        station group', `marketplace agreement', `multichannel video 
        programming distributor', `qualified MVPD buying group', and 
        `television broadcast station' have the meaning given those 
        terms in subsection (f).''.

SEC. 5. REPEAL OF REGULATORY INTERVENTION IN THE COPYRIGHT ACT.

    (a) In General.--
            (1) Repeal.--Section 119 of title 17, United States Code, 
        is hereby repealed.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 1 of title 17, United States Code, is 
        amended by striking the item related to section 119.
    (b) Section 111.--Section 111 of title 17, United States Code, is 
amended--
            (1) in subsection (a)(4), by striking ``section 119 or'';
            (2) in subsection (c)--
                    (A) by striking ``broadcast station licensed by the 
                Federal Communications Commission or by an appropriate 
                governmental authority of Canada or Mexico'' and 
                inserting ``qualified broadcast station'' each place it 
                appears; and
                    (B) in paragraph (1), by striking ``where the 
                carriage'' and all that follows before the period at 
                the end;
            (3) in subsection (d)(1)(A), by striking the second 
        sentence; and
            (4) in subsection (f)--
                    (A) in paragraph (4), by striking ``122(j)(2)(C)'' 
                and inserting ``122(g)(2)(C)''; and
                    (B) by adding at the end, the following:
            ``(14) Qualified broadcast station.--The term `qualified 
        broadcast station' means a broadcast station licensed by the 
        Federal Communications Commission, or by an appropriate 
        governmental authority of Canada or Mexico, that elects 
        mandatory carriage under section 614 or 615 of the 
        Communications Act of 1934.
            ``(15) 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 Satellite Service under part 25 of title 47, 
        Code of Federal Regulations, to establish and operate a channel 
        of communications for point-to-multipoint distribution 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 distribution pursuant to tariff under the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.), other than 
        for private home viewing.''.
    (c) Section 122.--Section 122 of title 17, United States Code, is 
amended--
            (1) by striking ``television broadcast stations'' each 
        place it appears and inserting ``qualified television broadcast 
        stations'';
            (2) by striking ``television broadcast station'' each place 
        it appears and inserting ``qualified television broadcast 
        station'';
            (3) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking the 
                        semicolon at the end and inserting ``; and'';
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B);
                    (B) by striking paragraphs (2), (3), and (5);
                    (C) by redesignating paragraph (4) as paragraph 
                (2); and
                    (D) in paragraph (2), as so redesignated, by 
                striking ``Special exceptions.--A secondary 
                transmission of a performance or display'' and all that 
                follows through ``In the case of a system'' and 
                inserting ``Special exception.--In the case of a 
                system'';
            (4) by striking subsections (b), (f), and (g);
            (5) by redesignating subsections (c), (d), (e), (h), (i), 
        and (j) as subsections (b), (c), (d), (e), (f), and (g), 
        respectively;
            (6) in subsection (c), as so redesignated--
                    (A) by striking ``television broadcast station'' 
                each place it appears and inserting ``qualified 
                television broadcast station'';
                    (B) by striking ``television broadcast signals'' 
                and inserting ``signal of a qualified television 
                broadcast stations''; and
                    (C) by striking ``, if the satellite carrier'' and 
                all that follows before the period at the end;
            (7) in subsection (d), as so redesignated, by striking 
        ``television broadcast station'' each place it appears and 
        inserting ``qualified television broadcast station'';
            (8) in subsection (f), as so redesignated, by striking 
        ``and section 119''; and
            (9) in subsection (g), as so redesignated--
                    (A) in paragraph (2)(E), by striking ``338(l)'' and 
                inserting ``338(k)'';
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Network station.--The term `network station' means--
                    ``(A) a television station licensed by the Federal 
                Communications Commission, including any translator 
                station or terrestrial satellite station that 
                rebroadcasts all or substantially all of the 
                programming broadcast by a network station, that is 
                owned or operated by, or affiliated with, one or more 
                of the television networks in the United States that 
                offer an interconnected program service on a regular 
                basis for 15 or more hours per week to at least 25 of 
                its affiliated television licensees in 10 or more 
                States; or
                    ``(B) a noncommercial educational broadcast station 
                (as defined in section 397 of the Communications Act of 
                1934);
        except that the term does not include the signal of the Alaska 
        Rural Communications Service, or any successor entity to that 
        service.''.
                    (C) by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (6), (7), and (8), respectively;
                    (D) by inserting after paragraph (4), the 
                following:
            ``(5) Non-network station.--The term `non-network station' 
        means a television station, other than a network station, 
        licensed by the Federal Communications Commission, that is 
        secondarily transmitted by a satellite carrier.''; and
                    (E) in paragraph (8), as so redesignated--
                            (i) in the heading, by striking 
                        ``Television broadcast station'' and inserting 
                        ``Qualified television broadcast station'';
                            (ii) in subparagraph (A), by inserting ``, 
                        that elects mandatory carriage pursuant to 
                        section 338 of the Communications Act of 1934'' 
                        after ``Regulations''; and
                            (iii) in subparagraph (B)--
                                    (I) by inserting ``that elects 
                                mandatory carriage pursuant to section 
                                338 of the Communications Act of 
                                1934,'' after ``Mexico''; and
                                    (II) by striking ``as defined in 
                                section 119(d)(2)(A)''.
    (d) Conforming Amendments.--Title 17, United States Code, is 
amended--
            (1) in section 501--
                    (A) by striking ``local service area'' each place 
                it appears and inserting ``designated market area'';
                    (B) by striking subsection (e);
                    (C) by redesignating subsection (f) as subsection 
                (e); and
                    (D) by adding at the end the following:
    ``(f) In this section, the term `designated market area' means a 
designated market area, as determined by Nielsen Media Research and 
published in the 1999-2000 Nielsen Station Index Directory and Nielsen 
Station Index United States Television Household Estimates or any 
successor publication.'';
            (2) in section 708(a)(10), by striking ``119 or'';
            (3) in section 801--
                    (A) in subsection (b)(1), by striking ``119,''; and
                    (B) by striking ``, 119,'' each place it appears;
            (4) in section 803--
                    (A) in subsection (b)(1)(A)(i), in the matter 
                preceding subclause (I), by striking ``, 119'';
                    (B) in subsection (d)(2)(C)(i), by striking ``, 
                119'';
                    (C) in subsection (e)(2), by striking ``118, or 
                119'' and inserting ``or 118''; and
            (5) in section 804--
                    (A) in subsection (a), by striking ``, 119''; and
                    (B) in subsection (b)(8), by striking ``, 119,''.

SEC. 6. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY 
              INTERVENTION.

    The Federal Communications Commission shall take all actions 
necessary to--
            (1) repeal section 73.658 of the Commission's rules (47 CFR 
        73.658);
            (2) repeal subpart F of part 76 of the Commission's rules; 
        and
            (3) modify subpart S of part 76 of the Commission's rules 
        by eliminating any requirements relating to network 
        nonduplication and syndicated exclusivity for open video 
        systems.

SEC. 7. REPORT.

    Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) if the Commission determines under subsection (e)(2) 
        that the totality of the measurements have presented a net 
        negative impact in the two years preceding the report, include 
        specific policies to improve market functioning.''; and
            (2) by adding at the end the following:
    ``(e) Comptroller General Study.--
            ``(1) Study.--Not later than 4 years after the date of the 
        enactment of the Modern Television Act of 2021, and every two 
        years thereafter, the Comptroller General of the United States, 
        in consultation with the Commission, shall study the effect of 
        the regime established under such Act, and the amendments made 
        by such Act, by measuring--
                    ``(A) the price consumers pay for video 
                programming, adjusted to reflect national monetary 
                inflation or deflation;
                    ``(B) the satisfaction of consumers with the 
                quality of video programming and the services of 
                multichannel video programming distributors;
                    ``(C) the--
                            ``(i) number of interruptions to the 
                        distribution of programming to consumers 
                        because of impasses in negotiations between 
                        multichannel video programming distributors and 
                        television broadcast stations;
                            ``(ii) duration of each interruption; and
                            ``(iii) number of consumers impacted by 
                        each interruption; and
                    ``(D) consumer access to local programming, 
                including news, weather, sports, and public, 
                educational, and governmental programming.
            ``(2) Determination by commission.--The Commission shall 
        determine under the study described in paragraph (1) if the 
        totality of the measurements described in such paragraph 
        present a net positive, net negative, or indeterminate impact 
        to consumers and to the marketplace.
            ``(3) Definitions.--In this subsection, the terms `video 
        programming' and `multichannel video programming distributor' 
        have the meaning given those terms in section 602.''.

SEC. 8. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this Act and the amendments made by this Act, and the 
application of the provision or amendment to any other person or 
circumstance, shall not be affected.

SEC. 9. EFFECTIVE DATE.

    Except as provided in section 2, this Act, and the amendments made 
by this Act, shall take effect on the date that is 42 months after the 
date of the enactment of this Act.
                                 <all>