[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Reported in House (RH)]
<DOC>
Union Calendar No. 265
116th CONGRESS
1st Session
H. R. 5035
[Report No. 116-329]
To amend the Communications Act of 1934 to extend expiring provisions
relating to the retransmission of signals of television broadcast
stations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2019
Mr. Michael F. Doyle of Pennsylvania introduced the following bill;
which was referred to the Committee on Energy and Commerce
December 9, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 12, 2019]
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 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.
This Act may be cited as the ``Television Viewer Protection Act of
2019''.
SEC. 2. 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, 2019''
and inserting ``the expiration date, if any, described in
section 119(h) of title 17, United States Code''; and
(2) in paragraph (3)(C), by striking ``until January 1,
2020,'' each place it appears.
SEC. 3. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
(a) Satisfaction of Good Faith Negotiation Requirement.--Section
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C))
is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) not later than 90 days after the date of the
enactment of the Television Viewer Protection Act of 2019,
specify that--
``(I) a multichannel video programming distributor
may satisfy its obligation to negotiate in good faith
under clause (iii) with respect to a negotiation for
retransmission consent under this section with a large
station group 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 in accordance with such clause;
``(II) it is a violation of the obligation to
negotiate in good faith under clause (iii) for the
qualified MVPD buying group to disclose the prices,
terms, or conditions of an ongoing negotiation or the
final terms of a negotiation to a member of the
qualified MVPD buying group that is not intending, or
is unlikely, to enter into the final terms negotiated
by the qualified MVPD buying group; and
``(III) a large station group has an obligation to
negotiate in good faith under clause (ii) with respect
to a negotiation for retransmission consent under this
section with a qualified MVPD buying group.''.
(b) Definitions.--Section 325(b)(7) of the Communications Act of
1934 (47 U.S.C. 325(b)(7)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) `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 a
multichannel video programming distributor 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;
``(D) `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 have a national audience reach of more than 20
percent;
``(E) `local market' has the meaning given such term in
section 122(j) of title 17, United States Code; and
``(F) `multichannel video programming distributor' has the
meaning given such term in section 602.''.
(c) Conforming Amendments.--Section 325(b) of the Communications
Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``1992,''; and
(B) by striking ``, and the term `local market' has
the meaning given that term in section 122(j) of such
title''; and
(2) in paragraph (3)(C), by striking ``(as defined in
section 122(j) of title 17, United States Code)'' each place it
appears.
(d) Effective Date.--The amendments made by this section, and the
regulations promulgated by the Federal Communications Commission under
such amendments, shall not take effect before January 1 of the calendar
year after the calendar year in which this Act is enacted.
SEC. 4. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) In General.--Part IV of title VI of the Communications Act of
1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the
following:
``SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
``(a) Consumer Rights in Sales.--
``(1) Right to transparency.--Before entering into a
contract with a consumer for the provision of a covered
service, a provider of a covered service shall provide the
consumer, by phone, in person, online, or by other reasonable
means, the total monthly charge for the covered service,
whether offered individually or as part of a bundled service,
selected by the consumer (explicitly noting the amount of any
applicable promotional discount reflected in such charge and
when such discount will expire), including any related
administrative fees, equipment fees, or other charges, a good
faith estimate of any tax, fee, or charge imposed by the
Federal Government or a State or local government (whether
imposed on the provider or imposed on the consumer but
collected by the provider), and a good faith estimate of any
fee or charge that is used to recover any other assessment
imposed on the provider by the Federal Government or a State or
local government.
``(2) Right to formal notice.--A provider of a covered
service that enters into a contract described in paragraph (1)
shall, not later than 24 hours after entering into the
contract, send the consumer, by email, online link, or other
reasonably comparable means, a copy of the information
described in such paragraph.
``(3) Right to cancel.--A provider of a covered service
that enters into a contract described in paragraph (1) shall
permit the consumer to cancel the contract, without paying
early cancellation fees or other disconnection fees or
penalties, during the 24-hour period beginning when the
provider of the covered service sends the copy required by
paragraph (2).
``(b) Consumer Rights in e-billing.--If a provider of a covered
service provides a bill to a consumer in an electronic format, the
provider shall include in the bill--
``(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the covered
service by the amount charged for the provision of the service
itself and the amount of all related taxes, administrative
fees, equipment fees, or other charges;
``(2) the termination date of the contract for the
provision of the covered service entered into between the
consumer and the provider; and
``(3) the termination date of any applicable promotional
discount.
``(c) Consumer Rights to Accurate Equipment Charges.--A provider of
a covered service or fixed broadband internet access service may not
charge a consumer for--
``(1) using covered equipment provided by the consumer; or
``(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
``(A) the provider has not provided the equipment
to the consumer; or
``(B) the consumer has returned the equipment to
the provider, except to the extent that the charge
relates to the period beginning on the date when the
provider provided the equipment to the consumer and
ending on the date when the consumer returned the
equipment to the provider.
``(d) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given such
term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
``(2) Covered equipment.--The term `covered equipment'
means equipment (such as a router) employed on the premises of
a person (other than a provider of a covered service or fixed
broadband internet access service) to provide a covered service
or to provide fixed broadband internet access service.
``(3) Covered service.--The term `covered service' means
service provided by a multichannel video programming
distributer, to the extent such distributor is acting as a
multichannel video programming distributor.''.
(b) Effective Date.--Section 642 of the Communications Act of 1934,
as added by subsection (a) of this section, shall apply beginning on
the date that is 6 months after the date of the enactment of this Act.
The Federal Communications Commission may grant an additional 6-month
extension if the Commission finds that good cause exists for such an
additional extension.
Union Calendar No. 265
116th CONGRESS
1st Session
H. R. 5035
[Report No. 116-329]
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to extend expiring provisions
relating to the retransmission of signals of television broadcast
stations, and for other purposes.
_______________________________________________________________________
December 9, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed