Television Consumer Freedom Act of 2013

Bill: 113-s-912
Sponsor: full_name: Sen. McCain, John [R-AZ]
Introduced: 2013-05-09
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
Latest action: action_date: 2013-05-09
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2013-05-09
action_desc: Introduced in Senate
text: <p>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.</p> <p>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.</p> <p>Amends the Communications Act of 1934 to modify the types of programming constituting the minimum contents of basic tier service.</p> <p>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.</p>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. <p> 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.</p> <p>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.</p> <p>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. </p> <p>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.</p>

tv_txt: II 113th CONGRESS 1st Session S. 912 IN THE SENATE OF THE UNITED STATES May 9, 2013 Mr. McCain introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To allow multichannel video programming distributors to provide video programming to subscribers on an a la carte basis, and for other purposes.

1. Short title This Act may be cited as the Television Consumer Freedom Act of 2013 . 2. Definitions In this Act— (1) the term a la carte means offering video programming for purchase, whether on a wholesale or retail basis, on an individual, per-channel basis rather than as part of a package or tier of video programming; (2) the terms channel , multichannel video programming distributor , and video programming have the meaning given those terms in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 ); (3) the term Commission means the Federal Communications Commission; (4) the term local commercial television station has the meaning given that term in section 614(h) of the Communications Act of 1934 (47 U.S.C. 534(h)); (5) the term qualified local noncommercial educational television station has the meaning given that term in section 615(l) of the Communications Act of 1934 ( 47 U.S.C. 535(l) ); and (6) the term video programming vendor has the meaning given that term in section 76.1300 of subpart Q of part 76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.1300). 3. A la carte channels of video programming (a) In general Except as provided in section 623(b)(7) of the Communications Act of 1934 ( 47 U.S.C. 543(b)(7) ), and notwithstanding any other provision of law, or any regulation prescribed by the Commission, a multichannel video programming distributor may provide subscribers with any channel of video programming on an la carte basis. (b) Incentives To offer channels of video programming on an a la carte basis Notwithstanding any other provision of law, or regulation prescribed by the Commission— (1) the retransmission by a multichannel video programming distributor of a local commercial television station that has elected retransmission consent under section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) shall not be subject to the statutory license under sections 111(c) and 122 of title 17, United States Code, if the multichannel video programming distributor does not offer such local commercial television station, and any other channels of video programming under common control with such local commercial television station, for purchase by subscribers on an a la carte basis; (2) a local commercial television station may not elect retransmission consent under section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) or avail itself of the protections of the network program non-duplication and syndicated exclusivity regulations under subpart F of part 76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et seq.), if such local commercial television station, and any other channels of video programming under common control with such local commercial television station, is not made available to multichannel video programming distributors for purchase or sale on an a la carte basis; and (3) a video programming vendor may offer a channel of video programming for purchase by a multichannel video programming distributor as part of a package of video programming only if such video programming vendor also offers such channel of video programming for purchase by the multichannel video programming distributor on an a la carte basis. (c) Minimum contents of basic tier The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended— (1) in section 623 ( 47 U.S.C. 543 )— (A) in subsection (b)(7)(A)— (i) by striking clauses (i) and (iii); (ii) by redesignating clause (ii) as clause (i); and (iii) by adding at the end the following: (ii) All local commercial television stations and qualified low power stations carried in fulfillment of the election under section 325(b) by the station of its right to mandatory carriage under section 614. (iii) All qualified local noncommercial educational television stations carried in fulfillment of a request for carriage under section 615. ; and (B) in subsection (l), by adding at the end the following: (3) The terms local commercial television station and qualified low power station have the meaning given those terms in section 614(h). ; (2) in section 614(b) ( 47 U.S.C. 534(b) )— (A) by striking paragraph (6) and redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively; and (B) in paragraph (6), as redesignated, by striking Signals carried in fulfillment of the requirements of this section and inserting All local commercial television stations and qualified low power stations carried in fulfillment of the election by the station of its right to mandatory carriage under this section ; and (3) in section 615(h) ( 47 U.S.C. 535(h) ), by striking lowest priced service tier that includes the retransmission of local commercial television broadcast signals. and inserting basic service tier. . (d) Disclosure requirement If a multichannel video programming distributor and a video programming vendor fail to reach agreement regarding the terms, including price, for the purchase by the multichannel video programming distributor of the right to provide subscribers with a local commercial television station or other channel of video programming from the video programming vendor on an a la carte basis, the multichannel video programming distributor and the video programming vendor each shall disclose to the Commission the terms of the most recent offer made by the multichannel video programming distributor and the video programming vendor, respectively. 4. Spectrum use in the public interest Section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) is amended— (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) after paragraph (5), by inserting the following: (6) Parity for over-the-air and multichannel video programming viewers (A) In general A television broadcast station that does not retransmit the signal over-the-air that is identical to the signal retransmitted to a multichannel video programming distributor shall forfeit any spectrum license of such television broadcast station. (B) Reallocation and reassignment of spectrum license Any spectrum license forfeited pursuant to subparagraph (A) shall be reallocated and reassigned by the Commission pursuant to section 309(j). (C) Exception Subparagraph (A) shall not apply to content that is a commercial advertisement that is not more than 60 seconds in duration. (D) Definitions In this paragraph— (i) the terms multicast stream and primary stream have the meaning given those terms in section 119(d) of title 17, United States Code; and (ii) the term multichannel video programming distributor has the meaning given that term in section 602 (47 U.S.C. 522). . 5. Sports blackout repeal for publicly financed stadiums The Commission shall amend subpart F of part 76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et seq.), to prohibit the application of sports blackout regulations to the broadcast of a sporting event taking place in a venue the construction of which was financed, in whole or in part, by the Federal Government or a State or local government.