Television Consumer Freedom Act of 2013

Bill: 113-s-912
Sponsor: Sen. McCain, John [R-AZ]
Introduced: 2013-05-09 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Broadcasting, cable, digital technologies
Federal Communications Commission (FCC)
Licensing and registrations
Professional sports
Telecommunication rates and fees
Television and film

Summary:
action_date: 2013-05-09
text: 
Television Consumer Freedom Act of 2013 - Allows multichannel video programming distributors (MVPDs) (including cable operators, multichannel multipoint distribution services, direct broadcast satellite services, or television receive-only satellite program distributors), except with respect to the minimum contents of programming required for basic tier service, to provide subscribers with any channel of video programming on an a la carte basis.
 
Defines "a la carte" as offering video programming for wholesale or retail purchase on an individual, per-channel basis rather than as part of a package or tier of video programming.
 
Amends the Communications Act of 1934 to modify the types of programming constituting the minimum contents of basic tier service.
 
Conditions the availability of the statutory copyright license to an MVPD on the MVPD offering local commercial television stations, and any other channels of video programming under common control with such stations, for purchase by subscribers on an a la carte basis.
Prohibits a local commercial television station from electing retransmission consent or availing itself of the protections of network program non-duplication and syndicated exclusivity regulations if such station, and any other channels of video programming under common control with such station, is not made available to MVPDs for purchase or sale on an a la carte basis. 
 Permits a video programming vendor to offer a channel of video programming for purchase by an MVPD as part of a package only if the vendor also offers such channel for the MVPD's purchase on an a la carte basis.
 
Requires MVPDs and video programming vendors negotiating a la carte carriage agreements to each disclose to the Federal Communications Commission (FCC) the terms of their most recent offers, including price, if the parties fail to agree.
 
Requires a television broadcast station that does not retransmit an over-the-air signal identical to the signal retransmitted to an MVPD to forfeit any spectrum license of the station to the FCC for auctioning. Exempts commercial advertisements of up to 60 seconds in duration. 
 
Directs the FCC to prohibit sports blackout regulations (commonly resulting in the non-airing of sporting events in local geographic markets when tickets at the venue are not sold out) from applying to the broadcast of a sporting event taking place in a venue the construction of which was financed in any part by the federal, state, or local government.


Legislative actions:
action_date: 2013-05-09
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2013-05-09
text: Sponsor introductory remarks on measure. (CR S3329-3330)
action_date: 2013-05-09
text: Introduced in Senate