In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Multichannel Video Competition Act
of 1998''.

SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) In the Cable Television Consumer Protection and
Competition Act of 1992, Congress stated its policy of
promoting competition in cable services and making available to
the public a diversity of views and information through cable
television and other video media.
(2) In the Telecommunications Act of 1996, Congress stated
its policy of securing lower prices and higher quality service
for American telecommunications consumers and encouraging the
rapid deployment of new telecommunications technologies.
(3) Notwithstanding the intent of Congress as expressed in
the 1992 Cable Act and the 1996 Telecommunications Act, in most
places throughout America, cable television system operators
still do not face effective competition from other providers of
multichannel video service.
(4) Absent effective competition, the market power
exercised by cable television operators enables them to raise
the price of cable service to consumers, and to control the
price and availability of cable programming services to other
multichannel video service providers.
(5) Direct Broadcast Satellite service has over 8 million
subscribers and constitutes the most significant competitive
alternative to cable television service. However, Direct
Broadcast Satellite Service currently suffers from a number of
statutory, regulatory, and technical barriers that keep it from
being an effective competitor to cable television in the
provision of multichannel video services. The most prominent of
these barriers is its inability to provide subscribers with
local television broadcast signals. Other barriers include the
higher cost consumers must pay for equipment, installation, and
additional equipment to receive service on additional
television sets.
(6) Permitting providers of direct broadcast satellite
service to retransmit local television signals to their
subscribers would greatly enhance the ability of direct
broadcast satellite service to compete effectively in the
provision of multichannel video services.
(7) Unlike cable television systems, providers of direct
broadcast satellite service cannot carry all local television
broadcast signals in all the local television markets they serve.
(8) It would be in the public interest for providers of
direct broadcast satellite service to fully comply with the
mandatory signal carriage rules at such time as terrestrial or
satellite-based technology enables them to do so. In the
interim, requiring full compliance with the mandatory signal
carriage rules would substantially harm the ability of direct
broadcast satellite service providers to compete in the
provision of multichannel video services and would not serve
the public interest.
(9) Local television broadcast licensees whose stations are
not carried by providers of direct broadcast satellite services
are entitled to be compensated for any demonstrable loss of
revenue that will result.
(10) Millions of subscribers to direct broadcast satellite
service currently receive the signals of network-affiliated
stations not located in these subscribers' local television
markets. In many cases, distant network signals may be these
subscribers' only source of network television service.
(11) Notwithstanding the prevalence of distant network
signals and their importance as a component of direct broadcast
satellite service to millions of subscribers, a recent ruling
by a federal district court will result in many subscribers
losing these signals, regardless of whether local network
signals are actually viewable off-air or not.
(12) Widespread carriage of distant network stations in
local network affiliates' markets can cause local affiliates to
lose audience share and revenues, which would in turn harm
their ability to serve their local community. Therefore, it
would best serve the public interest to ensure that distant
network stations are carried only where local network stations
cannot be received off-air.
(13) Abrupt termination of satellite carriers provision of
distant network signals would deprive direct broadcast
satellite subscribers of an important component of their
existing satellite television service, and have a severely
negative impact on the ability of direct broadcast satellite
service to compete effectively in the provision of multichannel
video services.
(14) It is in the public interest for direct broadcast
satellite subscribers who cannot receive acceptable over-the-
air service from their local network-affiliated stations to
continue to receive distant network signals for an interim
period sufficient to permit the Federal Communications
Commission to redefine those situations in which the permanent
carriage of distant network signals would be appropriate.
(15) Improving the ability of providers of direct broadcast
service to compete effectively in the provision of multichannel
video services by eliminating remaining statutory and
administrative barriers to competition would be consistent with
the intent of Congress as expressed in the terms of the 1992
Cable Act and the 1996 Telecommunications Act.

SEC. 3. PURPOSE.

The purpose of this Act is to promote the growth of competition in
the provision of multichannel video services by expeditiously removing
certain statutory and regulatory barriers that prevent providers of
Direct Broadcast Satellite Services from competing effectively with
cable television systems.

SEC. 4. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
BROADCAST SIGNALS.

Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end thereof the following:

''SEC. 337. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.

''(a) Purpose.--The purpose of this section is to promote
competition in the provision of multichannel video services by--
''(1) enabling providers of direct broadcast service to
offer their subscribers the signals of local television
stations; and
''(2) accommodating, for an interim period, technical
limitations that preclude providers of direct broadcast service
from carrying all local signals in all local television
markets.
''(b) Application of Mandatory Carriage to Satellite Carriers.--
Except as otherwise provided in this section, the mandatory carriage
provisions of section 614 of the Communications Act will apply no later
than January 1, 2002, to satellite carriers retransmitting television
broadcast signals.
''(c) Rulemaking Required.--Within 180 days after the date of
enactment of the Multichannel Video Competition Act of 1998, the
Commission shall adopt regulations to facilitate the provision of all
qualified local commercial and noncommercial television stations,
either through satellite or terrestrial means, by providers of direct
broadcast satellite service providing video programming.
''(d) Interim Requirements.--
''(1) Interim requirement.--Before January 1, 2002, or the
effective date of the final regulations adopted pursuant to
subsection (c) (if that date is earlier), a provider of direct
broadcast satellite service providing video programming shall--
''(A) carry all local television stations eligible
for carriage; or
''(B) compensate any such station not carried.
''(2) Compensation formula.--Within 180 days of the date of
enactment of the Multichannel Video Competition Act of 1998,
the Commission shall prescribe a formula to be used to
determine the audience and revenue loss incurred by a local
television station as a result of its noncarriage by a provider
of direct broadcast satellite service under paragraph (1)(B),
and procedural rules for the expeditious resolution of
petitions requesting compensation.
''(3) Burden of proof.--A local television station,
otherwise eligible for carriage, whose signal is not carried by
a direct broadcast satellite service provider under paragraph
(1)(B), may petition the Commission for an order directing that
provider to pay compensation under this paragraph. In any
proceeding on such a petition, the burden of proof shall lie
with the petitioner.
''(4) Compensation limited to formula amount absent unusual
or compelling circumstances.--The Commission may not grant
compensation under this subsection for any projected revenue
loss except in accordance with the formula prescribed by the
Commission under paragraph (2) unless the Commission determines
that unusual or compelling circumstances warrant additional
compensation.
''(5) Additional compensation.--If the petitioner shows
that the compensation determined under the formula would be
insufficient to enable the petitioner to operate in the public
interest, the Commission shall award additional compensation
under this section.
''(6) Time limit for commission action.--The Commission
shall issue a decision on any petition filed under paragraph
(3) no later than 150 days after the petition is filed.
''(e) Good Signal Required.--A local television broadcast station
eligible for carriage under subsection (b) shall be required to bear
the costs associated with delivering a good quality signal for
retransmission by the satellite carrier.''.

SEC. 5. CARRIAGE OF DISTANT NETWORK SIGNALS BY SATELLITE CARRIERS.

(a) Purpose.--The purpose of this section is to promote competition
in the provision of multichannel video services by enabling direct
broadcast satellite providers to offer distant network signals to
consumers in areas receiving inadequate over-the-air reception of local
television signals.
(b) Continued Retransmission of Distant Network Signals.--
Notwithstanding any other provision of law, satellite carriers
retransmitting the signal of a distant network station to households
located within an area served by a local affiliate of the same network
and receiving service as of July 10, 1998, shall not be required to
discontinue carriage of the distant network station to such households
prior to February 28, 1999. Nothing in this subsection is intended to
modify the duration of the license granted in section 119 of title 17,
United States Code.
(c) Rulemaking Required.--The Federal Communications Commission
shall complete a single rulemaking proceeding in which it shall rule on
any petitions or similar matters regarding the definition of unserved
areas or households. Any definition adopted by the Commission must
consist of an objective measure of a satisfactory signal obtainable by
use of generally-available off-air reception devices of the type used
by the average viewer. The Commission shall complete this rulemaking
proceeding within such time as to enable any rule change to become
effective no later than February 28, 1999.
(d) No Remission of Penalty.--No action taken by the Commission
pursuant to subsection (c) shall indemnify any provider of direct
broadcast satellite service from any liability for any prior violation
of section 119(a)(5)(D) of title 17, United States Code, or from the
imposition of any penalty therefor.

SEC. 6. RETRANSMISSION CONSENT.

(a) Amendments.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended--
(1) by striking the subsection designation and paragraphs
(1) and (2) and inserting the following:
''(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or
any part thereof, except--
''(A) with the express authority of the station;
''(B) pursuant to section 614, in the case of a station
electing, in accordance with this subsection, to assert the
right to carriage under such section; or
''(C) pursuant to section 337, in the case of a station
eligible, in accordance with this subsection, to assert the
right to carriage under such section.
''(2) The provisions of this subsection shall not apply to--
''(A) retransmission of the signal of a non-commercial
broadcasting station;
''(B) retransmission of the signal of a television
broadcast station outside the station's local market by a
satellite carrier directly to subscribers if--
''(i) such station was a superstation on May 1,
1991; and
''(ii) on December 31, 1997, such station was a
network station and its signal was retransmitted by
satellite carriers directly to at least 500,000
subscribers;
''(C) retransmission of the distant signal of a
broadcasting station that is owned or operated by, or
affiliated with, a broadcasting network directly to a home
satellite antenna, if the household receiving the signal is
located in an unserved area;
''(D) retransmission by a cable operator or other
multichannel video programming distributor (other than by a
satellite carrier direct to its subscribers) of the signal of a
television broadcast station outside the station's local
market, if such signal was obtained from a satellite carrier
and--
''(i) the originating station was a superstation on
May 1, 1991; and
''(ii) the originating station was a network
station on December 31, 1997, and its signal was
retransmitted by a satellite carrier directly to
subscribers.''; and
(2) by adding at the end the following new paragraph:
''(7) For purposes of this subsection:
''(1) Television broadcast station.--The term 'television
broadcast station' means a full power television broadcast
station, but does not include a low-power or translator
television broadcast station.
''(2) Broadcasting network.--The term 'broadcasting
network' means a television network in the United States which
offers an interconnected program service on a regular basis for
15 or more hours per week to at least 25 affiliated broadcast
stations in 10 or more States.
''(3) Network station.--The term 'network station' means a
television broadcast station that is owned or operated by, or
affiliated with, a broadcasting network.
''(4) Local market.--The term 'local market' means the
designated market area in which a station is located, and--
''(A) for a commercial television broadcast station
located in any of the 150 largest designated market
areas, all commercial television broadcast stations
licensed to a community within the same designated
market are within the same local market;
''(B) for a commercial television broadcast station
that is located in a designated market that is not one
of the 150 largest, the local market includes, in
addition to all commercial television broadcast
stations licensed to a community within the same
designated market area, any station that is
significantly viewed, as such term is defined in
section 76.54 of the Commission's regulations (47
C.F.R. 76.45); and
''(C) for a noncommercial educational television
broadcast station, the local market includes any
station that is licensed to a community within the same
designated market area as the noncommercial educational
television broadcast station.
''(5) Designated market area.--The term 'designated market
area' means a designated market area, as determined by Nielsen
Media Research and published in the DMA Market and Demographic
Report.
''(6) Unserved area.--The term 'unserved area' means a
place that does not receive an off-air signal from a local
network station that meets or exceeds the standards established
by the Commission.''.
(b) Effective Date.--The amendments made by subsection (a) are
effective January 1, 1999.
A:
Multichannel Video Competition Act of 1998 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting television (TV) broadcast signals. Directs the Federal Communications Commission (FCC) to adopt regulations to facilitate the provision of all qualified local commercial and noncommercial TV stations, either through satellite or terrestrial means, by providers of direct broadcast satellite services (DBS) providing video programming. Requires DBS providers, prior to January 1, 2001, to either carry all eligible local TV stations or compensate any station not carried. Directs the FCC to prescribe a compensation formula. Provides procedures for such stations to petition for such compensation. Requires the payment of additional compensation when the petitioner demonstrates that the formula compensation is insufficient to allow such station to operate in the public interest. Requires petitions to be decided within 150 days.
Requires eligible local TV stations to bear the costs of delivering a good quality signal for retransmission by the satellite carrier.
States that satellite carriers retransmitting the signal of a distant network station to households within an area served by a local affiliate of such network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant station prior to February 28, 1999. Directs the FCC to complete a single rulemaking proceeding defining unserved areas or households.
Authorizes a cable system or other multichannel video programming distributor to retransmit the signal of a broadcasting station in the case of public service stations. Authorizes the retransmission of a signal of a TV station outside the station's local market by a satellite carrier directly to subscribers if: (1) such station was a superstation on May 1, 1991; and (2) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers. Authorizes such a retransmission if: (1) such signal was obtained from a satellite carrier; (2) the originating station was a superstation on May 1, 1991; and (3) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers.