Text: H.R.3675 — 112th Congress (2011-2012)All Bill Information (Except Text)

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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 3675 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3675

 To repeal certain provisions of the Communications Act of 1934, title 
   17 of the United States Code, and the regulations of the Federal 
      Communications Commission that intervened in the television 
                  marketplace, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2011

 Mr. Scalise 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 repeal certain provisions of the Communications Act of 1934, title 
   17 of the United States Code, and the regulations of the Federal 
      Communications Commission that intervened in the television 
                  marketplace, 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 ``Next Generation Television 
Marketplace Act''.

SEC. 2. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE 
              UNDER THE COMMUNICATIONS ACT OF 1934.

    (a) In General.--The following sections of the Communications Act 
of 1934 (47 U.S.C. 151 et seq.) are hereby repealed:
            (1) Section 339 (47 U.S.C. 339).
            (2) Section 340 (47 U.S.C. 340).
            (3) Section 341 (47 U.S.C. 341).
            (4) Section 342 (47 U.S.C. 342).
            (5) Section 612 (47 U.S.C. 532).
            (6) Section 614 (47 U.S.C. 534).
            (7) Section 712 (47 U.S.C. 612).
    (b) Additional Repeal.--Section 325 of the Communications Act of 
1934 (47 U.S.C. 325) is amended--
            (1) by striking subsections (b) and (e); and
            (2) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.
    (c) Amendments.--
            (1) Section 338.--Section 338 of the Communications Act of 
        1934 (47 U.S.C. 338) is amended to read as follows:

``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.

    ``(a) Carriage Obligations.--
            ``(1) In general.--Each satellite carrier providing signals 
        of a qualified noncommercial educational television station in 
        that station's local market shall carry upon request the 
        signals of all qualified noncommercial educational television 
        stations located within that local market.
            ``(2) Low power station carriage optional.--No low power 
        television station shall be entitled to insist on carriage 
        under this section, nor shall any such carriage be considered 
        in connection with the requirements of subsection (c).
            ``(3) Nondiscrimination in carriage of high definition 
        signals of noncommercial educational television stations.--
                    ``(A) Existing carriage of high definition 
                signals.--If, before the date of enactment of the 
                Satellite Television Extension and Localism Act of 
                2010, an eligible satellite carrier is providing, under 
                section 122 of title 17, United States Code, any 
                secondary transmissions in high definition format to 
                subscribers located within the local market of a 
                television broadcast station of a primary transmission 
                made by that station, then such satellite carrier shall 
                carry the signals in high-definition format of 
                qualified noncommercial educational television stations 
                located within that local market in accordance with the 
                following schedule:
                            ``(i) By December 31, 2010, in at least 50 
                        percent of the markets in which such satellite 
                        carrier provides such secondary transmissions 
                        in high definition format.
                            ``(ii) By December 31, 2011, in every 
                        market in which such satellite carrier provides 
                        such secondary transmissions in high definition 
                        format.
                    ``(B) New initiation of service.--If, on or after 
                the date of enactment of the Satellite Television 
                Extension and Localism Act of 2010 through the day 
                before the date of enactment of the Next Generation 
                Television Marketplace Act, an eligible satellite 
                carrier initiates the provision, under section 122 of 
                title 17, United States Code, of any secondary 
                transmissions in high definition format to subscribers 
                located within the local market of a television 
                broadcast station of a primary transmission made by 
                that station, then such satellite carrier shall carry 
                the signals in high-definition format of all qualified 
                noncommercial educational television stations located 
                within that local market.
    ``(b) Good Signal Required.--A qualified noncommercial educational 
television station asserting its right to carriage under subsection (a) 
shall be required to bear the costs associated with delivering a good 
quality signal to the designated local receive facility of the 
satellite carrier or to another facility that is acceptable to at least 
one-half the stations asserting the right to carriage in the local 
market.
    ``(c) Duplication Not Required.--The Commission shall prescribe 
regulations limiting the carriage requirements under subsection (a) of 
satellite carriers with respect to the carriage of multiple qualified 
noncommercial educational television stations. To the extent possible, 
such regulations shall provide the same degree of carriage by satellite 
carriers of such multiple stations as is provided by cable systems 
under section 615.
    ``(d) Channel Positioning.--No satellite carrier shall be required 
to provide the signal of a qualified noncommercial educational 
television station to subscribers in that station's local market on any 
particular channel number or to provide the signals in any particular 
order, except that the satellite carrier shall retransmit the signal of 
the qualified noncommercial educational television station to 
subscribers in the stations' local market on channels reasonably 
contiguous with other television broadcast channels and provide access 
to such station's signals at a nondiscriminatory price and in a 
nondiscriminatory manner on any navigational device, on-screen program 
guide, or menu.
    ``(e) Compensation for Carriage.--A satellite carrier shall not 
accept or request monetary payment or other valuable consideration in 
exchange either for carriage of qualified noncommercial educational 
television stations in fulfillment of the requirements of this section 
or for channel positioning rights provided to such stations under this 
section, except that any such station may be required to bear the costs 
associated with delivering a good quality signal to the local receive 
facility of the satellite carrier.
    ``(f) Remedies.--
            ``(1) Complaints by broadcast stations.--Whenever a 
        qualified noncommercial educational television station believes 
        that a satellite carrier has failed to meet its obligations 
        under subsections (b) through (e), such station shall notify 
        the carrier, in writing, of the alleged failure and identify 
        its reasons for believing that the satellite carrier failed to 
        comply with such obligations. The satellite carrier shall, 
        within 30 days after such written notification, respond in 
        writing to such notification and comply with such obligations 
        or state its reasons for believing that it is in compliance 
        with such obligations. A qualified noncommercial educational 
        television station that disputes a response by a satellite 
        carrier that it is in compliance with such obligations may 
        obtain review of such denial or response by filing a complaint 
        with the Commission. Such complaint shall allege the manner in 
        which such satellite carrier has failed to meet its obligations 
        and the basis for such allegations.
            ``(2) Opportunity to respond.--The Commission shall afford 
        the satellite carrier against which a complaint is filed under 
        paragraph (1) an opportunity to present data and arguments to 
        establish that there has been no failure to meet its 
        obligations under this section.
            ``(3) Remedial actions; dismissal.--Within 120 days after 
        the date a complaint is filed under paragraph (1), the 
        Commission shall determine whether the satellite carrier has 
        met its obligations under subsections (b) through (e). If the 
        Commission determines that the satellite carrier has failed to 
        meet such obligations, the Commission shall order the satellite 
        carrier to take appropriate remedial action. If the Commission 
        determines that the satellite carrier has fully met the 
        requirements of such subsections, the Commission shall dismiss 
        the complaint.
    ``(g) Privacy Rights of Satellite Subscribers.--
            ``(1) Notice.--At the time of entering into an agreement to 
        provide any satellite service or other service to a subscriber 
        and at least once a year thereafter, a satellite carrier shall 
        provide notice in the form of a separate, written statement to 
        such subscriber that clearly and conspicuously informs the 
        subscriber of--
                    ``(A) the nature of personally identifiable 
                information collected or to be collected with respect 
                to the subscriber and the nature of the use of such 
                information;
                    ``(B) the nature, frequency, and purpose of any 
                disclosure which may be made of such information, 
                including an identification of the types of persons to 
                whom the disclosure may be made;
                    ``(C) the period during which such information will 
                be maintained by the satellite carrier;
                    ``(D) the times and place at which the subscriber 
                may have access to such information in accordance with 
                paragraph (5); and
                    ``(E) the limitations provided by this subsection 
                with respect to the collection and disclosure of 
                information by a satellite carrier and the right of the 
                subscriber under paragraphs (7) and (9) to enforce such 
                limitations.
        In the case of subscribers who have entered into such an 
        agreement before February 6, 2005, such notice shall be 
        provided within 180 days of such date and at least once a year 
        thereafter.
            ``(2) Definitions.--For purposes of this subsection, other 
        than paragraph (9)--
                    ``(A) the term `personally identifiable 
                information' does not include any record of aggregate 
                data which does not identify particular persons;
                    ``(B) the term `other service' includes any wire or 
                radio communications service provided using any of the 
                facilities of a satellite carrier that are used in the 
                provision of satellite service; and
                    ``(C) the term `satellite carrier' includes, in 
                addition to persons within the definition of satellite 
                carrier, any person who--
                            ``(i) is owned or controlled by, or under 
                        common ownership or control with, a satellite 
                        carrier; and
                            ``(ii) provides any wire or radio 
                        communications service.
            ``(3) Prohibitions.--
                    ``(A) Consent to collection.--Except as provided in 
                subparagraph (B), a satellite carrier shall not use any 
                facilities used by the satellite carrier to collect 
                personally identifiable information concerning any 
                subscriber without the prior written or electronic 
                consent of the subscriber concerned.
                    ``(B) Exceptions.--A satellite carrier may use such 
                facilities to collect such information in order to--
                            ``(i) obtain information necessary to 
                        render a satellite service or other service 
                        provided by the satellite carrier to the 
                        subscriber; or
                            ``(ii) detect unauthorized reception of 
                        satellite communications.
            ``(4) Disclosure.--
                    ``(A) Consent to disclosure.--Except as provided in 
                subparagraph (B), a satellite carrier shall not 
                disclose personally identifiable information concerning 
                any subscriber without the prior written or electronic 
                consent of the subscriber concerned and shall take such 
                actions as are necessary to prevent unauthorized access 
                to such information by a person other than the 
                subscriber or satellite carrier.
                    ``(B) Exceptions.--A satellite carrier may disclose 
                such information if the disclosure is--
                            ``(i) necessary to render, or conduct a 
                        legitimate business activity related to, a 
                        satellite service or other service provided by 
                        the satellite carrier to the subscriber;
                            ``(ii) subject to paragraph (9), made 
                        pursuant to a court order authorizing such 
                        disclosure, if the subscriber is notified of 
                        such order by the person to whom the order is 
                        directed;
                            ``(iii) a disclosure of the names and 
                        addresses of subscribers to any satellite 
                        service or other service, if--
                                    ``(I) the satellite carrier has 
                                provided the subscriber the opportunity 
                                to prohibit or limit such disclosure; 
                                and
                                    ``(II) the disclosure does not 
                                reveal, directly or indirectly, the--
                                            ``(aa) extent of any 
                                        viewing or other use by the 
                                        subscriber of a satellite 
                                        service or other service 
                                        provided by the satellite 
                                        carrier; or
                                            ``(bb) the nature of any 
                                        transaction made by the 
                                        subscriber over any facilities 
                                        used by the satellite carrier; 
                                        or
                            ``(iv) to a government entity as authorized 
                        under chapter 119, 121, or 206 of title 18, 
                        United States Code, except that such disclosure 
                        shall not include records revealing satellite 
                        subscriber selection of video programming from 
                        a satellite carrier.
            ``(5) Access by subscriber.--A satellite subscriber shall 
        be provided access to all personally identifiable information 
        regarding that subscriber which is collected and maintained by 
        a satellite carrier. Such information shall be made available 
        to the subscriber at reasonable times and at a convenient place 
        designated by such satellite carrier. A satellite subscriber 
        shall be provided reasonable opportunity to correct any error 
        in such information.
            ``(6) Destruction of information.--A satellite carrier 
        shall destroy personally identifiable information if the 
        information is no longer necessary for the purpose for which it 
        was collected and there are no pending requests or orders for 
        access to such information under paragraph (5) or pursuant to a 
        court order.
            ``(7) Penalties.--Any person aggrieved by any act of a 
        satellite carrier in violation of this subsection may bring a 
        civil action in a United States district court. The court may 
        award--
                    ``(A) actual damages but not less than liquidated 
                damages computed at the rate of $100 a day for each day 
                of violation or $1,000, whichever is higher;
                    ``(B) punitive damages; and
                    ``(C) reasonable attorneys' fees and other 
                litigation costs reasonably incurred.
        The remedy provided by this subsection shall be in addition to 
        any other lawful remedy available to a satellite subscriber.
            ``(8) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit any State from enacting or 
        enforcing laws consistent with this subsection for the 
        protection of subscriber privacy.
            ``(9) Court orders.--Except as provided in paragraph 
        (4)(B)(iv), a governmental entity may obtain personally 
        identifiable information concerning a satellite subscriber 
        pursuant to a court order only if, in the court proceeding 
        relevant to such court order--
                    ``(A) such entity offers clear and convincing 
                evidence that the subject of the information is 
                reasonably suspected of engaging in criminal activity 
                and that the information sought would be material 
                evidence in the case; and
                    ``(B) the subject of the information is afforded 
                the opportunity to appear and contest such entity's 
                claim.
    ``(h) Regulations by Commission.--The regulations prescribed under 
this section shall include requirements on satellite carriers that are 
comparable to the requirements on cable operators under section 
615(g)(1) and (2).
    ``(i) Definitions.--As used in this section:
            ``(1) Distributor.--The term `distributor' means an entity 
        that contracts to distribute secondary transmissions from a 
        satellite carrier and, either as a single channel or in a 
        package with other programming, provides the secondary 
        transmission either directly to individual subscribers or 
        indirectly through other program distribution entities.
            ``(2) Local receive facility.--The term `local receive 
        facility' means the reception point in each local market which 
        a satellite carrier designates for delivery of the signal of 
        the station for purposes of retransmission.
            ``(3) Local market.--
                    ``(A) In general.--The term `local market', in the 
                case of a qualified noncommercial educational 
                television station, means the designated market area in 
                which a station is located and includes any station 
                that is licensed to a community within the same 
                designated market area as such station.
                    ``(B) County of license.--In addition to the area 
                described in subparagraph (A), a station's local market 
                includes the county in which the station's community of 
                license is located.
                    ``(C) Designated market area.--For purposes of 
                subparagraph (A), the term `designated market area' 
                means a designated market area, as determined by 
                Nielsen Media Research and published in the 1999-2000 
                Nielsen Station Index Directory and Nielsen Station 
                Index United States Television Household Estimates or 
                any successor publication.
                    ``(D) Certain areas outside of any designated 
                market area.--Any census area, borough, or other area 
                in the State of Alaska that is outside of a designated 
                market area, as determined by Nielsen Media Research, 
                shall be deemed to be part of one of the local markets 
                in the State of Alaska. A satellite carrier may 
                determine which local market in the State of Alaska 
                will be deemed to be the relevant local market in 
                connection with each subscriber in such census area, 
                borough, or other area.
            ``(4) Low power television station.--The term `low power 
        television station' means a low power television station as 
        defined under section 74.701(f) of title 47, Code of Federal 
        Regulations, as in effect on June 1, 2004. For purposes of this 
        paragraph, the term `low power television station' includes a 
        low power television station that has been accorded primary 
        status as a Class A television licensee under section 
        73.6001(a) of title 47, Code of Federal Regulations.
            ``(5) Qualified noncommercial educational television 
        station.--The term `qualified noncommercial educational 
        television station' has the meaning given such term in section 
        615.
            ``(6) Satellite carrier.--The term `satellite carrier' 
        means an entity that uses the facilities of a satellite or 
        satellite service licensed by the Commission and operates in 
        the Fixed-Satellite Service under part 25 of title 47, Code of 
        Federal Regulations, or the Direct Broadcast Satellite Service 
        under part 100 of title 47, Code of Federal Regulations, to 
        establish and operate a channel of communications for point-to-
        multipoint distribution of television station signals, and that 
        owns or leases a capacity or service on a satellite in order to 
        provide such point-to-multipoint distribution, except to the 
        extent that such entity provides such distribution pursuant to 
        tariff under this Act, other than for private home viewing 
        pursuant to this section.
            ``(7) Subscriber.--The term `subscriber' means a person or 
        entity that receives a secondary transmission service from a 
        satellite carrier and pays a fee for the service, directly or 
        indirectly, to the satellite carrier or to a distributor.
            ``(8) Television broadcast station.--The term `television 
        broadcast station' means an over-the-air commercial or 
        noncommercial television broadcast station licensed by the 
        Commission under subpart E of part 73 of title 47, Code of 
        Federal Regulations, except that such term does not include a 
        low-power or translator television station.''.
            (2) Section 623.--Section 623 of the Communications Act of 
        1934 (47 U.S.C. 543) is amended to read as follows:

``SEC. 623. REGULATION OF RATES AND BROADCAST SIGNAL CARRIAGE.

    ``No Federal agency, State, or franchising authority may regulate--
            ``(1) the rates for the provision of the service of a 
        multichannel video programming distributor; or
            ``(2) the retransmission of television broadcast signals by 
        a multichannel video programming distributor except in 
        accordance with the requirements of sections 338 and 615 
        related to qualified noncommercial educational television 
        stations.''.
    (d) Conforming Amendments.--
            (1) Section 336.--Section 336(b)(3) of the Communications 
        Act of 1934 (47 U.S.C. 336(b)(3)) is amended by striking ``614 
        or''.
            (2) Section 613.--Section 613 of the Communications Act of 
        1934 (47 U.S.C. 533) is amended by striking subsection (a).
            (3) Section 615.--Section 615 of the Communications Act of 
        1934 (47 U.S.C. 535) is amended--
                    (A) in subsection (a) by striking ``In addition to 
                the carriage requirements set forth in section 614, 
                each'' and inserting ``Each'';
                    (B) by striking subsection (f); and
                    (C) in subsection (l), by striking paragraph (1) 
                and inserting the following:
            ``(1) Qualified noncommercial educational television 
        station.--
                    ``(A) In general.--The term qualified noncommercial 
                educational television station means any full-power 
                television broadcast station which--
                            ``(i) under the rules and regulations of 
                        the Commission in effect on March 29, 1990, is 
                        licensed by the Commission as a noncommercial 
                        educational television broadcast station and is 
                        owned and operated by a public agency, 
                        nonprofit foundation, nonprofit corporation, or 
                        nonprofit association; or
                            ``(ii) is owned and operated by a 
                        municipality and transmits predominantly 
                        noncommercial programs for educational 
                        purposes.
                    ``(B) Inclusions.--Such term includes--
                            ``(i) the translator of any noncommercial 
                        educational television station with five watts 
                        or higher power serving the franchise area;
                            ``(ii) a full-service station or translator 
                        if such station or translator is licensed to a 
                        channel reserved for noncommercial educational 
                        use pursuant to section 73.606 of title 47, 
                        Code of Federal Regulations, or any successor 
                        regulations thereto; and
                            ``(iii) such stations and translators 
                        operating on channels not so reserved as the 
                        Commission determines are qualified as 
                        noncommercial educational stations.''.
            (4) Section 621.--Section 621(b)(3)(D) of the 
        Communications Act of 1934 (47 U.S.C. 541(b)(3)(D)) is amended 
        by striking ``sections 611 and 612'' and inserting ``section 
        611''.
            (5) Section 622.--Section 622(c) of the Communications Act 
        of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to 
        section 623''.
            (6) Section 625.--Section 625(d) of the Communications Act 
        of 1934 (47 U.S.C. 545(d)) is amended by striking `` under 
        section 623''.
            (7) Section 632.--Section 632(c) of the Communications Act 
        of 1934 (47 U.S.C. 552(c)) is amended by striking ``section 
        623(b)(6) or''.
            (8) Section 635.--Section 635(c) of the Communications Act 
        of 1934 (47 U.S.C. 555(c)) is amended by striking ``614 or'' 
        each place it appears.
            (9) Section 638.--Section 638 of the Communications Act of 
        1934 (47 U.S.C. 558) is amended by striking ``or on any other 
        channel obtained under section 612 or under similar 
        arrangements''.
            (10) Section 653.--Section 653 of the Communications Act of 
        1934 (47 U.S.C. 573(c)(1)) is amended--
                    (A) in subsection (b)(1)(D) by striking ``(47 
                C.F.R. 76.67), network nonduplication (47 C.F.R. 76.92 
                et seq.), and syndicated exclusivity (47 C.F.R. 76.151 
                et seq.)''; and
                    (B) in subsection (c)(1)--
                            (i) in subparagraph (A) by striking 
                        ``623(f),'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``, 614,''; and
                                    (II) by striking ``, and section 
                                325 of title III,''; and
                            (iii) in subparagraph (C)--
                                    (I) by striking ``sections 612 and 
                                617'' and inserting ``section 617''; 
                                and
                                    (II) by striking ``623(f),''.

SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE 
              UNDER THE COPYRIGHT ACT.

    (a) In General.--The following sections of chapter 1 of title 17, 
United States Code, are hereby repealed:
            (1) Section 119.
            (2) Section 122.
    (b) Amendment.--Section 111 of title 17, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``local service area of 
                        such station'' and inserting ``designated 
                        market area (as defined in section 
                        501(f)(2))''; and
                            (ii) by striking ``or'' after the 
                        semicolon;
                    (B) in paragraph (2) by striking ``or'' after the 
                semicolon; and
                    (C) by amending paragraph (4) to read as follows:
            ``(4) the secondary transmission--
                    ``(A) is made by--
                            ``(i) a cable system in accordance with 
                        section 615 of the Communications Act of 1934; 
                        or
                            ``(ii) a satellite carrier in accordance 
                        with section 338 of the Communications Act of 
                        1934; and
                    ``(B) is consistent with the rules, regulations, 
                and authorizations of the Federal Communications 
                Commission; or'';
            (2) in subsection (b) by striking ``subsections (a) and 
        (c)'' and inserting ``subsection (a)'';
            (3) by striking subsections (c), (d), and (e);
            (4) by redesignating subsection (f) as subsection (c); and
            (5) in subsection (c), as so redesignated--
                    (A) in paragraph (3), by striking the second 
                sentence;
                    (B) by striking paragraphs (4) through (13); and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) Satellite carrier.--The term `satellite carrier' 
        means an entity that uses the facilities of a satellite or 
        satellite service licensed by the Federal Communications 
        Commission and operates in the Fixed-Satellite Service under 
        part 25 of title 47, Code of Federal Regulations, or the Direct 
        Broadcast Satellite Service under part 100 of title 47, Code of 
        Federal Regulations, to establish and operate a channel of 
        communications for point-to-multipoint distribution of 
        television station signals, and that owns or leases a capacity 
        or service on a satellite in order to provide such point-to-
        multipoint distribution, except to the extent that such entity 
        provides such distribution pursuant to tariff under the 
        Communications Act of 1934, other than for private home viewing 
        pursuant to this section.''.
    (c) Conforming Amendments.--Title 17, United States Code, is 
amended--
            (1) in chapter 1, by amending the table of contents of such 
        chapter--
                    (A) by striking the item relating to section 119; 
                and
                    (B) by striking the item relating to section 122;
            (2) in section 106, by striking ``122'' and inserting 
        ``121'';
            (3) in section 110(8), by striking ``section 111(f)'' and 
        inserting ``section 111(c)'';
            (4) in section 114(d)(1)(B)(iii), by striking ``section 
        111(f)'' and inserting ``section 111(c)'';
            (5) in chapter 5, by amending the table of contents of such 
        chapter by striking the item relating to section 510;
            (6) in section 501--
                    (A) in subsection (a), by striking ``122'' and 
                inserting ``121'';
                    (B) by striking subsections (c), (d), and (e); and
                    (C) by amending subsection (f) to read as follows:
    ``(f)(1) With respect to any secondary transmission that is made by 
a cable system or by a satellite carrier of a performance or display of 
a work embodied in a primary transmission and is actionable as an act 
of infringement under section 111, a television broadcast station 
holding a copyright or other license to transmit or perform the same 
version of that work shall, for purposes of subsection (b), be treated 
as a legal or beneficial owner if such secondary transmission occurs 
within the designated market area of that station.
    ``(2) For purposes of this subsection, the term `designated market 
area' means a designated market area, as determined by Nielsen Media 
Research and published in the 1999-2000 Nielsen Station Index Directory 
and Nielsen Station Index United States Television Household Estimates 
or any successor publication.'';
            (7) by striking section 510;
            (8) in section 511(a), by striking ``122'' and inserting 
        ``121'';
            (9) in section 708(a)--
                    (A) by striking paragraphs (10) and (11); and
                    (B) by striking ``Fees established under paragraphs 
                (10) and (11) shall be reasonable and may not exceed 
                one-half of the cost necessary to cover reasonable 
                expenses incurred by the Copyright Office for the 
                collection and administration of the statements of 
                account and any royalty fees deposited with such 
                statements.'';
            (10) in section 801--
                    (A) in subsection (b)--
                            (i) in paragraph (1) by striking ``119,'';
                            (ii) by striking paragraph (2);
                            (iii) by redesignating paragraphs (3), (4), 
                        (5), (6), (7), and (8) as paragraphs (2), (3), 
                        (4), (5), (6), and (7), respectively; and
                            (iv) in paragraph (2), as so redesignated--
                                    (I) in subparagraph (B), by 
                                striking ``, as the case may be''; and
                                    (II) in subparagraph (C), by 
                                striking ``section 804(b)(8)'' and 
                                inserting ``section 804(b)(7)'';
                    (B) by striking ``sections 111, 119, and'' each 
                place such term appears and inserting ``section''; and
                    (C) by striking ``111, 119, or'' each place such 
                term appears;
            (11) in section 803--
                    (A) in subsection (b)(1)(A)(i)--
                            (i) by striking ``111,'';
                            (ii) by striking ``119,''; and
                            (iii) in subclause (V), by striking ``, 
                        except that the publication of notice 
                        requirement shall not apply in the case of 
                        proceedings under section 111 that are 
                        scheduled to commence in 2005'';
                    (B) in subsection (d)(2)(C)(i)--
                            (i) by striking ``111,''; and
                            (ii) by striking ``119,''; and
                    (C) in subsection (e)(2)--
                            (i) by striking ``111,''; and
                            (ii) by striking ``119,''; and
            (12) in section 804--
                    (A) in subsection (a)--
                            (i) by striking ``paragraphs (1) and (2)'' 
                        and inserting ``paragraph (1)'';
                            (ii) by striking ``111,''; and
                            (iii) by striking ``119,''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (1);
                            (ii) by redesignating paragraphs (2), (3), 
                        (4), (5), (6), (7), and (8) as paragraphs (1), 
                        (2), (3), (4), (5), (6), and (7), respectively; 
                        and
                            (iii) in paragraph (7), as so 
                        redesignated--
                                    (I) by striking ``section 
                                801(b)(2)'' and inserting ``section 
                                801(b)(1)''; and
                                    (II) by striking ``111, 119, or''.

SEC. 4. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY 
              INTERVENTION.

    The Federal Communications Commission shall take all actions 
necessary to--
            (1) repeal section 73.658 of the Commission's rules (47 CFR 
        73.658);
            (2) repeal subpart D of part 76 of the Commission's rules;
            (3) repeal subpart F of part 76 of the Commission's rules; 
        and
            (4) modify the broadcast ownership limitations set forth in 
        section 73.3555 of the Commission's rules (47 CFR 73.3555) by 
        eliminating--
                    (A) the restrictions on the number of broadcast 
                television stations that a person or entity may 
                directly or indirectly own, operate, or control in the 
                same designated market area (as such term is defined 
                under section 501(f)(2) of title 17, United States 
                Code), as described in subsection (b) of such section 
                73.3555;
                    (B) the radio-television cross-ownership rule, as 
                described in subsection (c) of such section 73.3555; 
                and
                    (C) the limitations on the direct or indirect 
                ownership, operation, or control of a broadcast 
                television station by a person or entity that directly 
                or indirectly owns, operates, or controls a daily 
                newspaper, as that term was defined in note 6 to 
                section 73.3555 of the Commission's rules (47 CFR 
                73.3555) in effect on October 1, 2011, as described in 
                subsection (d) of such section 73.3555.

SEC. 5. EFFECTIVE DATE.

    Except as provided in section 6, this Act, and the amendments made 
by this Act, shall take effect on July 1, 2014.

SEC. 6. TRANSITIONAL PROVISIONS.

    (a) Congressional Finding.--The Congress finds and declares the 
enactment of this Act will change laws that have provided the basis for 
certain contracts, understandings, and arrangements related to 
retransmission consent and the distribution of video programming 
entered into prior to the enactment of this Act and that, accordingly, 
certain transitional measures are necessary to preserve an orderly 
marketplace for the provision of video programming to consumers.
    (b) Retransmission Consent.--
            (1) No new contracts.--No contract, understanding, or 
        arrangement for retransmission consent shall be entered into 
        pursuant to section 325(b) of the Communications Act of 1934 
        after the date of enactment of this Act.
            (2) Extension of prior contracts.--Any contract, 
        understanding, or arrangement for retransmission consent 
        entered into pursuant to such section prior to the date of 
        enactment of this Act that by its terms expires prior to July 
        1, 2014, shall be deemed extended through July 1, 2014, based 
        on the terms of said agreement in effect on the day before its 
        scheduled expiration date.
            (3) Expiration of prior contracts.--No contract, 
        understanding, or arrangement for retransmission consent 
        entered into pursuant to such section prior to the date of 
        enactment of this Act shall be enforceable by any person or 
        entity after July 1, 2014.
            (4) Applicability.--All references to section 325(b) of the 
        Communications Act of 1934 in this subsection refer to such 
        subsection as in effect on the day before the date of enactment 
        of this Act.
    (c) Restrictive Agreements.--
            (1) Enforcement of prior restrictive contracts.--After July 
        1, 2014, no person or entity may enforce the provisions of any 
        contract, understanding, or arrangement entered into prior to 
        the date of enactment of this Act that prevents a multichannel 
        video programming distributor from obtaining the rights under 
        title 17, United States Code, to engage in the secondary 
        transmission of a performance or display of any or all of the 
        works embodied in a primary transmission made by a broadcast 
        television station licensed by the Federal Communications 
        Commission.
            (2) Temporary moratorium on new restrictive contracts.--
                    (A) In general.--No person or entity may enter into 
                any contract, understanding, or arrangement after the 
                date of enactment of this Act that prevents a 
                multichannel video programming distributor from 
                obtaining the rights under title 17, United States 
                Code, to engage in the secondary transmission of a 
                performance or display of any or all of the works 
                embodied in a primary transmission made by a broadcast 
                television station licensed by the Federal 
                Communications Commission.
                    (B) Applicability.--The prohibition contained in 
                subparagraph (A) shall not apply after July 1, 2016, 
                unless the Federal Communications Commission finds, in 
                a proceeding conducted during the final year of such 
                prohibition, that such prohibition continues to be 
                necessary to preserve and protect competition and 
                diversity in the distribution of video programming.
    (d) Continued Collection and Distribution of Previously Due 
Royalties.--Notwithstanding section 5, the collection and distribution 
of royalties due for secondary transmissions made pursuant to sections 
111 and 119 of title 17, United States Code, prior to July 1, 2014, 
shall continue to be governed by such title and the rules of the 
Register of Copyrights and Copyright Royalty Judges as in effect prior 
to the date of enactment of this Act until such time as the Register 
certifies that all royalties collected pursuant to such provisions have 
been distributed.
                                 <all>