[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5728 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5728
To amend the Communications Act of 1934 and title 17, United States
Code, to extend expiring provisions relating to the retransmission of
signals of television broadcast stations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2014
Mr. Upton (for himself, Mr. Waxman, Mr. Walden, 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 amend the Communications Act of 1934 and title 17, United States
Code, to extend expiring provisions relating to the retransmission of
signals of television broadcast stations, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``STELA
Reauthorization Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. No additional appropriations authorized.
TITLE I--COMMUNICATIONS PROVISIONS
Sec. 101. Extension of authority.
Sec. 102. Modification of television markets to further consumer access
to relevant television programming.
Sec. 103. Consumer protections in retransmission consent.
Sec. 104. Delayed application of JSA attribution rule.
Sec. 105. Deletion or repositioning of stations during certain periods.
Sec. 106. Repeal of integration ban.
Sec. 107. Report on communications implications of statutory licensing
modifications.
Sec. 108. Local network channel broadcast reports.
Sec. 109. Report on designated market areas.
Sec. 110. Update to cable rates report.
Sec. 111. Administrative reforms to effective competition petitions.
Sec. 112. Definitions.
TITLE II--COPYRIGHT PROVISIONS
Sec. 201. Reauthorization.
Sec. 202. Termination of license.
Sec. 203. Local service area of a primary transmitter.
Sec. 204. Market determinations.
TITLE III--SEVERABILITY
Sec. 301. Severability.
SEC. 2. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
No additional funds are authorized to carry out this Act, or the
amendments made by this Act. This Act, and the amendments made by this
Act, shall be carried out using amounts otherwise authorized or
appropriated.
TITLE I--COMMUNICATIONS PROVISIONS
SEC. 101. EXTENSION OF AUTHORITY.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) in paragraph (2)(C), by striking ``December 31, 2014''
and inserting ``December 31, 2019''; and
(2) in paragraph (3)(C), by striking ``January 1, 2015''
each place it appears and inserting ``January 1, 2020''.
SEC. 102. MODIFICATION OF TELEVISION MARKETS TO FURTHER CONSUMER ACCESS
TO RELEVANT TELEVISION PROGRAMMING.
(a) In General.--Section 338 of the Communications Act of 1934 (47
U.S.C. 338) is amended by adding at the end the following:
``(l) Market Determinations.--
``(1) In general.--Following a written request, the
Commission may, with respect to a particular commercial
television broadcast station, include additional communities
within its local market or exclude communities from such
station's local market to better effectuate the purposes of
this section.
``(2) Considerations.--In considering requests filed under
paragraph (1), the Commission--
``(A) may determine that particular communities are
part of more than one local market; and
``(B) shall afford particular attention to the
value of localism by taking into account such factors
as--
``(i) whether the station, or other
stations located in the same area--
``(I) have been historically
carried on the cable system or systems
within such community; or
``(II) have been historically
carried on the satellite carrier or
carriers serving such community;
``(ii) whether the television station
provides coverage or other local service to
such community;
``(iii) whether modifying the local market
of the television station would promote
consumers' access to television broadcast
station signals that originate in their State
of residence;
``(iv) whether any other television station
that is eligible to be carried by a satellite
carrier in such community in fulfillment of the
requirements of this section provides news
coverage of issues of concern to such community
or provides carriage or coverage of sporting
and other events of interest to the community;
and
``(v) evidence of viewing patterns in
households that subscribe and do not subscribe
to the services offered by multichannel video
programming distributors within the areas
served by such multichannel video programming
distributors in such community.
``(3) Carriage of signals.--
``(A) Carriage obligation.--A market determination
under this subsection shall not create additional
carriage obligations for a satellite carrier if it is
not technically and economically feasible for such
carrier to accomplish such carriage by means of its
satellites in operation at the time of the
determination.
``(B) Deletion of signals.--A satellite carrier
shall not delete from carriage the signal of a
commercial television broadcast station during the
pendency of any proceeding under this subsection.
``(4) Determinations.--Not later than 120 days after the
date that a written request is filed under paragraph (1), the
Commission shall grant or deny the request.
``(5) No effect on eligibility to receive distant
signals.--No modification of a commercial television broadcast
station's local market pursuant to this subsection shall have
any effect on the eligibility of households in the community
affected by such modification to receive distant signals
pursuant to section 339, notwithstanding subsection (h)(1) of
this section.''.
(b) Conforming Amendments.--Section 614(h)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``community'' and
inserting ``community or on the satellite carrier or
carriers serving such community'';
(B) by redesignating subclauses (III) and (IV) as
subclauses (IV) and (V), respectively;
(C) by inserting after subclause (II) the
following:
``(III) whether modifying the market of the
television station would promote consumers'
access to television broadcast station signals
that originate in their State of residence;'';
and
(D) by amending subclause (V), as redesignated, to
read as follows:
``(V) evidence of viewing patterns in
households that subscribe and do not subscribe
to the services offered by multichannel video
programming distributors within the areas
served by such multichannel video programming
distributors in such community.''; and
(2) by moving the margin of clause (iv) 2 ems to the left.
(c) Market Modification Process.--The Commission shall make
information available to consumers on its website that explains the
market modification process, including--
(1) who may petition to include additional communities
within, or exclude communities from, a--
(A) local market (as defined in section 122(j) of
title 17, United States Code); or
(B) television market (as determined under section
614(h)(1)(C) of the Communications Act of 1934 (47
U.S.C. 534(h)(1)(C))); and
(2) the factors that the Commission takes into account when
responding to a petition described in paragraph (1).
(d) Implementation.--
(1) Deadline for regulations.--Not later than 9 months
after the date of the enactment of this Act, the Commission
shall promulgate regulations to implement this section and the
amendments made by this section.
(2) Matters for consideration.--As part of the rulemaking
required by paragraph (1), the Commission shall ensure that
procedures for the filing and consideration of a written
request under sections 338(l) and 614(h)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 338(l); 534(h)(1)(C))
fully effectuate the purposes of the amendments made by this
section, and update what it considers to be a community for
purposes of a modification of a market under section 338(l) or
614(h)(1)(C) of the Communications Act of 1934.
SEC. 103. CONSUMER PROTECTIONS IN RETRANSMISSION CONSENT.
(a) Joint Retransmission Consent Negotiations.--Section
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C))
is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(iv) prohibit a television broadcast station from
coordinating negotiations or negotiating on a joint basis with
another television broadcast station in the same local market
(as defined in section 122(j) of title 17, United States Code)
to grant retransmission consent under this section to a
multichannel video programming distributor, unless such
stations are directly or indirectly under common de jure
control permitted under the regulations of the Commission;
and''.
(b) Protections for Significantly Viewed and Other Television
Signals.--Section 325(b)(3)(C) of the Communications Act of 1934 (47
U.S.C. 325(b)(3)(C)) is further amended by adding at the end the
following:
``(v) prohibit a television broadcast station from limiting
the ability of a multichannel video programming distributor to
carry into the local market (as defined in section 122(j) of
title 17, United States Code) of such station a television
signal that has been deemed significantly viewed, within the
meaning of section 76.54 of title 47, Code of Federal
Regulations, or any successor regulation, or any other
television broadcast signal such distributor is authorized to
carry under section 338, 339, 340, or 614 of this Act, unless
such stations are directly or indirectly under common de jure
control permitted by the Commission.''.
(c) Good Faith.--Not later than 9 months after the date of the
enactment of this Act, the Commission shall commence a rulemaking to
review its totality of the circumstances test for good faith
negotiations under clauses (ii) and (iii) of section 325(b)(3)(C) of
the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)).
(d) Margin Corrections.--Section 325(b) of the Communications Act
of 1934 (47 U.S.C. 325(b)) is further amended--
(1) in paragraph (3)(C), by moving the margin of clause
(iii) 4 ems to the left; and
(2) by moving the margin of paragraph (7) 2 ems to the
left.
(e) Deadline for Regulations.--Not later than 9 months after the
date of the enactment of this Act, the Commission shall promulgate
regulations to implement the amendments made by this section.
SEC. 104. DELAYED APPLICATION OF JSA ATTRIBUTION RULE.
A party to a joint sales agreement (as defined in Note 2(k) to
section 73.3555 of title 47, Code of Federal Regulations) that is in
effect on the effective date of the amendment to Note 2(k)(2) to such
section made by the Further Notice of Proposed Rulemaking and Report
and Order adopted by the Commission on March 31, 2014 (FCC 14-28),
shall not be considered to be in violation of the ownership limitations
of such section by reason of the application of the rule in such Note
2(k)(2) (as so amended) to such agreement before the date that is 6
months after the end of the period specified by the Commission in such
Report and Order for such a party to come into compliance with such
ownership limitations.
SEC. 105. DELETION OR REPOSITIONING OF STATIONS DURING CERTAIN PERIODS.
(a) In General.--Section 614(b)(9) of the Communications Act of
1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence.
(b) Revision of Rules.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall revise section 76.1601
of its rules (47 C.F.R. 76.1601) and any note to such section by
removing the prohibition against deletion or repositioning of a local
commercial television station during a period in which major television
ratings services measure the size of audiences of local television
stations.
SEC. 106. REPEAL OF INTEGRATION BAN.
(a) Termination of Effectiveness.--The second sentence of section
76.1204(a)(1) of title 47, Code of Federal Regulations, terminates
effective on the date that is 1 year after the date of the enactment of
this Act.
(b) Removal From Rules.--Not later than 545 days after the date of
the enactment of this Act, the Commission shall complete all actions
necessary to remove the sentence described in subsection (a) from its
rules.
(c) Preservation of Waivers.--Any waiver of section 76.1204(a)(1)
of title 47, Code of Federal Regulations, in effect as of the date of
the enactment of this Act or granted after such date shall be extended
through December 31, 2015.
(d) Working Group.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Chairman of the Commission shall
establish a working group of technical experts representing a
wide range of stakeholders, to identify, report, and recommend
performance objectives, technical capabilities, and technical
standards of a not unduly burdensome, uniform, and technology-
and platform-neutral software-based downloadable security
system designed to promote the competitive availability of
navigation devices in furtherance of section 629 of the
Communications Act of 1934 (47 U.S.C. 549).
(2) Report.--Not later than 9 months after the date of the
enactment of this Act, the working group shall file a report
with the Commission on its work under paragraph (1).
(3) Commission assistance.--The Chairman of the Commission
may appoint a member of the Commission's staff--
(A) to moderate and direct the work of the working
group under this subsection; and
(B) to provide technical assistance to members of
the working group, as appropriate.
(4) Initial meeting.--The initial meeting of the working
group shall take place not later than 90 days after the date of
the enactment of this Act.
SEC. 107. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING
MODIFICATIONS.
(a) Study.--The Comptroller General of the United States shall
conduct a study that analyzes and evaluates the changes to the carriage
requirements currently imposed on multichannel video programming
distributors under the Communications Act of 1934 (47 U.S.C. 151 et
seq.) and the regulations promulgated by the Commission that would be
required or beneficial to consumers, and such other matters as the
Comptroller General considers appropriate, if Congress implemented a
phase-out of the current statutory licensing requirements set forth
under sections 111, 119, and 122 of title 17, United States Code. Among
other things, the study shall consider the impact such a phase-out and
related changes to carriage requirements would have on consumer prices
and access to programming.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
appropriate congressional committees a report on the results of the
study conducted under subsection (a), including any recommendations for
legislative or administrative actions. Such report shall also include a
discussion of any differences between such results and the results of
the study conducted under section 303 of the Satellite Television
Extension and Localism Act of 2010 (124 Stat. 1255).
SEC. 108. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
(a) Requirement.--
(1) In general.--On the 270th day after the date of the
enactment of this Act, and on each succeeding anniversary of
such 270th day, each satellite carrier shall submit an annual
report to the Commission setting forth--
(A) each local market in which it--
(i) retransmits signals of 1 or more
television broadcast stations with a community
of license in that market;
(ii) has commenced providing such signals
in the preceding 1-year period; and
(iii) has ceased to provide such signals in
the preceding 1-year period; and
(B) detailed information regarding the use and
potential use of satellite capacity for the
retransmission of local signals in each local market.
(2) Termination.--The requirement under paragraph (1) shall
cease after each satellite carrier has submitted 5 reports
under such paragraph.
(b) Definitions.--In this section--
(1) the terms ``local market'' and ``satellite carrier''
have the meaning given such terms in section 339(d) of the
Communications Act of 1934 (47 U.S.C. 339(d)); and
(2) the term ``television broadcast station'' has the
meaning given such term in section 325(b)(7) of the
Communications Act of 1934 (47 U.S.C. 325(b)(7)).
SEC. 109. REPORT ON DESIGNATED MARKET AREAS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the appropriate
congressional committees a report that contains--
(1) an analysis of--
(A) the extent to which consumers in each local
market have access to broadcast programming from
television broadcast stations located outside their
local market, including through carriage by cable
operators and satellite carriers of signals that are
significantly viewed (within the meaning of section 340
of the Communications Act of 1934 (47 U.S.C. 340)); and
(B) whether there are technologically and
economically feasible alternatives to the use of
designated market areas to define markets that would
provide consumers with more programming options and the
potential impact such alternatives could have on
localism and on broadcast television locally,
regionally, and nationally; and
(2) recommendations on how to foster increased localism in
counties served by out-of-State designated market areas.
(b) Considerations for Fostering Increased Localism.--In making
recommendations under subsection (a)(2), the Commission shall
consider--
(1) the impact that designated market areas that cross
State lines have on access to local programming;
(2) the impact that designated market areas have on local
programming in rural areas; and
(3) the state of local programming in States served
exclusively by out-of-State designated market areas.
SEC. 110. UPDATE TO CABLE RATES REPORT.
Section 623(k) of the Communications Act of 1934 (47 U.S.C. 543(k))
is amended to read as follows:
``(k) Reports on Average Prices.--
``(1) In general.--The Commission shall annually publish
statistical reports on the average rates for basic cable
service and other cable programming, and for converter boxes,
remote control units, and other equipment of cable systems that
the Commission has found are subject to effective competition
under subsection (a)(2) compared with cable systems that the
Commission has found are not subject to such effective
competition.
``(2) Inclusion in annual report.--
``(A) In general.--The Commission shall include in
its report under paragraph (1) the aggregate average
total amount paid by cable systems in compensation
under section 325.
``(B) Form.--The Commission shall publish
information under this paragraph in a manner
substantially similar to the way other comparable
information is published in such report.''.
SEC. 111. ADMINISTRATIVE REFORMS TO EFFECTIVE COMPETITION PETITIONS.
Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is
amended by adding at the end the following:
``(o) Streamlined Petition Process for Small Cable Operators.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Commission shall
complete a rulemaking to establish a streamlined process for
filing of an effective competition petition pursuant to this
section for small cable operators, particularly those who serve
primarily rural areas.
``(2) Construction.--Nothing in this subsection shall be
construed to have any effect on the duty of a small cable
operator to prove the existence of effective competition under
this section.
``(3) Definition of small cable operator.--In this
subsection, the term `small cable operator' has the meaning
given the term in subsection (m)(2).''.
SEC. 112. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Energy and Commerce and the Committee on the Judiciary of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on the Judiciary
of the Senate.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
TITLE II--COPYRIGHT PROVISIONS
SEC. 201. REAUTHORIZATION.
Chapter 1 of title 17, United States Code, is amended--
(1) in section 111(d)(3)--
(A) in the matter preceding subparagraph (A), by
striking ``clause'' and inserting ``paragraph''; and
(B) in subparagraph (B), by striking ``clause'' and
inserting ``paragraph''; and
(2) in section 119--
(A) in subsection (c)(1)(E), by striking ``2014''
and inserting ``2019''; and
(B) in subsection (e), by striking ``2014'' and
inserting ``2019''.
SEC. 202. TERMINATION OF LICENSE.
(a) In General.--Section 119 of title 17, United States Code, as
amended in section 201, is amended by adding at the end the following:
``(h) Termination of License.--This section shall cease to be
effective on December 31, 2019.''.
(b) Conforming Amendment.--Section 107(a) of the Satellite
Television Extension and Localism Act of 2010 (17 U.S.C. 119 note) is
repealed.
SEC. 203. LOCAL SERVICE AREA OF A PRIMARY TRANSMITTER.
Section 111(f)(4) of title 17, United States Code, is amended, in
the second sentence--
(1) by inserting ``as defined by the rules and regulations
of the Federal Communications Commission,'' after ``television
station,'';
(2) by striking ``comprises the area within 35 miles of the
transmitter site, except that'' and inserting ``comprises the
designated market area, as defined in section 122(j)(2)(C),
that encompasses the community of license of such station and
any community that is located outside such designated market
area that is either wholly or partially within 35 miles of the
transmitter site or,''; and
(3) by striking ``the number of miles shall be 20 miles''
and inserting ``wholly or partially within 20 miles of such
transmitter site''.
SEC. 204. MARKET DETERMINATIONS.
Section 122(j)(2) of title 17, United States Code, is amended--
(1) by moving the margins of subparagraphs (B), (C), and
(D) 2 ems to the left; and
(2) by adding at the end the following:
``(E) Market determinations.--The local market of a
commercial television broadcast station may be modified
by the Federal Communications Commission in accordance
with section 338(l) of the Communications Act of 1934
(47 U.S.C. 338).''.
TITLE III--SEVERABILITY
SEC. 301. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
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