[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2857 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2857
To amend the Communications Act of 1934 and title 17, United States
Code, to provide greater access to in-State television broadcast
programming for cable and satellite subscribers in certain counties.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2023
Ms. Baldwin introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 and title 17, United States
Code, to provide greater access to in-State television broadcast
programming for cable and satellite subscribers in certain counties.
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 ``Go Pack Go Act of 2023''.
SEC. 2. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES.
(a) In General.--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 the
following:
``SEC. 346. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES.
``(a) Definitions.--In this section--
``(1) the term `cable operator' has the meaning given the
term in section 602;
``(2) the terms `covered county' and `in-State, adjacent-
market network station retransmission' have the meanings given
those terms in section 119(d) of title 17, United States Code,
except that, in the case of a cable operator, any reference to
a satellite carrier or a subscriber of a satellite carrier
shall be considered to be a reference to a cable operator or a
subscriber of a cable operator, respectively;
``(3) the term `local market' has the meaning given the
term in section 122(j) of title 17, United States Code;
``(4) the term `local network station' means, with respect
to a subscriber and a television network, the network station--
``(A) that is affiliated with the television
network; and
``(B) within the local market in which the
subscriber is located; and
``(5) the terms `network station' and `satellite carrier'
have the meanings given those terms in section 119(d) of title
17, United States Code.
``(b) Subscriber Election.--A cable operator or satellite carrier
shall, at the election of a subscriber in a covered county with respect
to a television network, provide to the subscriber--
``(1) retransmission of the signal of any local network
station that the operator or carrier is required to retransmit
to the subscriber without regard to this section;
``(2) an in-State, adjacent-market network station
retransmission; or
``(3) both retransmissions described in paragraphs (1) and
(2).
``(c) Relationship to Local Signal Carriage Requirements.--If a
subscriber elects to receive only an in-State, adjacent-market network
station retransmission under subsection (b)--
``(1) the provision of that retransmission to the
subscriber shall be deemed to fulfill any obligation of the
cable operator or satellite carrier to provide to the
subscriber the signal of a local network station under section
338, 614, or 615; and
``(2) in the case of a satellite carrier that has been
recognized as a qualified carrier under section 119(f) of title
17, United States Code, the provision of that retransmission
instead of the signal of a local network station shall not
affect the status of the satellite carrier as a qualified
carrier for purposes of that section and section 342 of this
Act.
``(d) Requirement Subject to Technical Feasibility for Satellite
Carriers.--A satellite carrier shall be required to provide a
retransmission under subsection (b) only to the extent that such
provision is technically feasible, as determined by the Commission.
``(e) Treatment of In-State, Adjacent-Market Network Station
Retransmissions by Cable Operators.--
``(1) Retransmission consent exception.--Section 325(b)
shall not apply to an in-State, adjacent-market network station
retransmission by a cable operator to a subscriber residing in
a covered county.
``(2) Deemed significantly viewed.--In the case of an in-
State, adjacent-market network station retransmission by a
cable operator to a subscriber residing in a covered county,
the signal of the station shall be deemed to be significantly
viewed in that county within the meaning of section 76.54 of
title 47, Code of Federal Regulations, or any successor
regulation.''.
(b) Treatment of In-State, Adjacent-Market Network Station
Retransmissions by Satellite Carriers.--Section 339 of the
Communications Act of 1934 (47 U.S.C. 339) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by adding at the end the
following: ``In-State, adjacent-market network station
retransmissions to subscribers residing in covered
counties shall not count toward the limit set forth in
this subparagraph.''; and
(B) in paragraph (2), by adding at the end the
following:
``(I) In-state, adjacent-market network station
retransmissions.--Nothing in this paragraph shall apply
to or affect in-State, adjacent-market network station
retransmissions to subscribers residing in covered
counties.''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (3) through (7), respectively; and
(B) by inserting before paragraph (3), as so
redesignated, the following:
``(1) Covered county.--The term `covered county' has the
meaning given the term in section 119(d) of title 17, United
States Code.
``(2) In-state, adjacent-market network station
retransmission.--The term `in-State, adjacent-market network
station retransmission' has the meaning given the term in
section 119(d) of title 17, United States Code.''.
(c) No Effect on Ability To Receive Significantly Viewed Signals.--
Section 340(b)(3) of the Communications Act of 1934 (47 U.S.C.
340(b)(3)) is amended by inserting before the period at the end the
following: ``or to a subscriber who elects under section 346(b), with
respect to the network with which the station whose signal is being
retransmitted pursuant to this section is affiliated, to receive an in-
State, adjacent-market network station retransmission (as defined in
section 119(d) of title 17, United States Code) instead of the signal
of a local network station (as defined in section 346)''.
SEC. 3. AVAILABILITY OF COPYRIGHT LICENSE.
(a) Secondary Transmissions of Distant Television Programming by
Satellite.--Section 119 of title 17, United States Code, is amended--
(1) in subsection (a)(2)(B)(i), by adding at the end the
following: ``In-State, adjacent-market network station
retransmissions to subscribers residing in covered counties
shall not count toward the limit set forth in this clause.'';
and
(2) in subsection (d)--
(A) in paragraph (10)--
(i) in subparagraph (A), by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) with respect to an in-State, adjacent-market
network station retransmission, is a subscriber
residing in a covered county.''; and
(B) by adding at the end the following:
``(17) In-state, adjacent-market network station
retransmission.--The term `in-State, adjacent-market network
station retransmission' means the secondary transmission by a
satellite carrier of the primary transmission of any network
station whose community of license is located--
``(A) in the State of a subscriber; and
``(B) in a local market that is adjacent to the
local market of the subscriber.
``(18) Covered county.--The term `covered county' means,
with respect to an in-State, adjacent-market network station
retransmission to a subscriber, any county to which both of the
following apply:
``(A) The county is one of the following counties
in the State of Wisconsin: Ashland, Barron, Bayfield,
Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk,
Sawyer, St. Croix, or Washburn.
``(B) The county is not in the local market of any
television broadcast station--
``(i) that is affiliated with the same
network; and
``(ii) whose community of license is
located in the State of the subscriber.''.
(b) Secondary Transmissions of Local Television Programming by
Satellite.--Section 122(a) of title 17, United States Code, is
amended--
(1) in paragraph (2)(A), by inserting after ``under
paragraph (1)'' the following: ``(or in-State, adjacent-market
network station retransmissions instead of secondary
transmissions under that paragraph, in accordance with an
election under section 346(b) of the Communications Act of
1934)''; and
(2) in paragraph (3)(A), by inserting after ``under
paragraph (1)'' the following: ``(or in-State, adjacent-market
network station retransmissions instead of secondary
transmissions under that paragraph, in accordance with an
election under section 346(b) of the Communications Act of
1934)''.
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