Text: S.2008 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Introduced in Senate (12/16/2011)


112th CONGRESS
1st Session
S. 2008

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 SENATE OF THE UNITED STATES
December 16, 2011

Mr. DeMint introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


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 of 2011”.

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 are repealed: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.—

(1) IN GENERAL.—Section 325 of the Communications Act of 1934 is amended—

(A) by striking subsections (b) and (e); and

(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

(2) TECHNICAL AND CONFORMING AMENDMENT.—Section 309(c)(2)(F) of the Communications Act of 1934 (47 U.S.C. 309(c)(2)(F)) is amended by striking “section 325(c)” and inserting “section 325(b)”.

(c) Amendments.—Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “, under section 122 of title 17, United States Code, secondary transmissions” and inserting “signals of a qualified noncommercial educational television station”; and

(ii) by striking “a television broadcast station” and all that follows through “section 325(b).” and inserting “such station shall carry upon request the signals of all qualified noncommercial educational television stations located within that local market.”;

(B) by striking paragraphs (2) and (4);

(C) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively;

(D) in paragraph (2), as redesignated—

(i) by striking “whose signals” and all that follows through “Code,”;

(ii) by striking “regardless” and all that follows through “such title,”; and

(iii) by striking “of this section”; and

(E) in paragraph (3)(B), as redesignated, by inserting “through the date before the date of enactment of the Next Generation Television Marketplace Act of 2011,” after “Act of 2010”

(2) in subsection (b)—

(A) in paragraph (1), by striking “(1) Costs.—A television broadcast station” and inserting “A qualified noncommercial educational television station”; and

(B) by striking paragraph (2);

(3) in subsection (c)—

(A) by striking paragraph (1); and

(B) in paragraph (2)—

(i) by striking “(2) Noncommercial stations.—The” and inserting “The”; and

(ii) by striking “local noncommercial television broadcast stations” and inserting “qualified noncommercial educational television stations”;

(4) in subsection (d)—

(A) by striking “local television broadcast station” and inserting “qualified noncommercial educational television station”;

(B) by striking “local television broadcast stations” and inserting “qualified noncommercial educational television station”; and

(C) by striking “contiguous channels” and inserting “channels reasonably contiguous with other television broadcast channels”;

(5) in subsection (e), by striking “local television broadcast stations” and inserting “qualified noncommercial educational television stations”;

(6) in subsection (f)(1)—

(A) in the first sentence—

(i) by striking “local television broadcast station” and inserting “qualified noncommercial educational television station”; and

(ii) by striking “of this section”; and

(B) in the third sentence, by striking “local television broadcast station” and inserting “qualified noncommercial educational television station”;

(7) by striking subsections (g) and (h);

(8) by redesignating subsections (i), (j), and (k) as subsections (g), (h), and (i), respectively;

(9) in subsection (g), as redesignated by paragraph (8)—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), and adjusting the margins accordingly;

(ii) in the matter preceding clause (i), as redesignated by clause (i)—

(I) by striking “At the time” and inserting the following:

“(A) IN GENERAL.—At the time”; and

(II) by striking “which clearly” and inserting “that clearly”;

(iii) in clause (v), as redesignated by clause (i), by striking “this section” and inserting “this subsection”; and

(iv) in the flush text following clause (v), as redesignated by clause (i), by striking “In the case” and all that follows through “this subsection” and insert the following:

“(B) REQUIREMENT.—In the case of subscribers who have entered into an agreement described in subparagraph (A) before December 8, 2004”;

(B) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following:

“(A) 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;

“(B) the term ‘personally identifiable information’ does not include any record of aggregate data which does not identify particular persons; and”;

(C) in paragraph (7), in the matter preceding subparagraph (A), by striking “this section” and inserting “this subsection”; and

(D) in paragraph (8)—

(i) by striking “title” and inserting “subsection”; and

(ii) by striking “section” and inserting “subsection”;

(10) in subsection (h), as redesignated by paragraph (8)—

(A) by striking “Within 1 year” and all that follows through “The regulations” and inserting “The regulations”; and

(B) by striking “sections 614(b)(3) and (4) and 615(g)(1) and (2)” and inserting “paragraphs (1) and (2) of section 615(f)”; and

(11) in subsection (i), as redesignated by paragraph (8)—

(A) in paragraph (1), by striking “which contracts” and inserting “that contracts”;

(B) by striking paragraphs (2), (4), and (8);

(C) by redesignating paragraph (3) as paragraph (2);

(D) by redesignating paragraphs (5), (6), (7), (9), and (10) as paragraphs (4), (5), (6), (7), and (8), respectively;

(E) by inserting after paragraph (2), as redesignated by subparagraph (C), the following:

“(3) LOCAL MARKET.—

“(A) IN GENERAL.—The term ‘local market’, in the case of noncommercial television broadcast stations, means the designated market area in which a station is located, and, in the case of a noncommercial educational television broadcast station, the market includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast 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.”;

(F) in paragraph (6), as redesignated by subparagraph (D), by striking “has the meaning” and all that follows and inserting “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.”;

(G) in paragraph (7), as redesignated by subparagraph (D), by striking “has the meaning” and all that follows and inserting “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.”; and

(H) in paragraph (8), as redesignated by subparagraph (D), by striking “has the meaning” and all that follows and inserting “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.”.

(12) 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 relating 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.—

(A) IN GENERAL.—Section 613 of the Communications Act of 1934 (47 U.S.C. 533) is amended—

(i) by striking subsection (a); and

(ii) by redesignating subsections (c) through (h) as subsections (a) through (f), respectively.

(B) CONFORMING AMENDMENT.—Section 653(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 573(c)(1)(A)) is amended by striking “(other than subsection (a) thereof)”.

(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);

(C) by redesignating subsections (g) through (l) as subsections (f) through (k), respectively;

(D) in subsection (g), as redesignated by subparagraph (C), by striking “that includes the retransmission of local commercial television broadcast signals”;

(E) in subsection (h), as redesignated by subparagraph (C)—

(i) in paragraph (1), by striking “(1) In general.—A cable” and inserting “A cable”; and

(ii) by striking paragraph (2); and

(F) in subsection (k)(1)(A), as redesignated by subparagraph (C)—

(i) in clause (i)—

(I) by striking “(i)”; and

(II) by striking “; and” and inserting “; or”; and

(ii) by striking clause (ii).

(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 in the matter preceding paragraph (1), by striking “, consistent with the regulations prescribed by the Commission pursuant to section 623”.

(6) SECTION 625.—Section 625(d) of the Communications Act of 1934 (47 U.S.C. 544(d)) is amended by striking “, if the rates” and all that follows through “section 623”.

(7) SECTION 632.—Section 632(c) of the Communications Act of 1934 (47 U.S.C. 552(c)) is amended in the second sentence by striking “Notwithstanding section 623(b)(6) or any other provision of this Act, a cable” and inserting “A cable”.

(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) is amended—

(A) in subsection (b)(1)—

(i) in subparagraph (A), by striking “, 614”; and

(ii) in subparagraph (C), by adding “and” at the end;

(iii) by striking subparagraph (D); and

(iv) by redesignating subparagraph (E) as subparagraph (D); 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 “, 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 “section 623(f)”.

SEC. 3. Repeal of regulatory intervention in the television marketplace under the Copyright Act.

(a) In general.—Sections 119 and 122 of title 17, United States Code are repealed.

(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 the “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;

“(ii) a satellite carrier in accordance with section 338 of the Communications Act of 1934; or

“(iii) a cable system or satellite carrier of any other qualified noncommercial educational television broadcast station, as defined in section 615 of the Communications Act of 1934, if such cable operator or satellite carrier was making such secondary transmission pursuant to section 111 or 119, respectively, prior to the date of enactment of the Next Generation Television Marketplace Act; and

“(B) is consistent with the rules, regulations, and authorizations of the Federal Communications Commission; or”;

(2) in subsection (b), in the matter preceding paragraph (1), 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 redesignated by paragraph (4)—

(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:

“(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 the table of sections for chapter 1, by striking—

(A) the item relating to section 119; and

(B) the item relating to section 122;

(2) in section 106, in the matter preceding paragraph (1), by striking “122” and inserting “121”;

(3) in section 110(8), by striking “section 111(f)” and inserting “section 111(c)”;

(4) in the table of sections for chapter 5, by striking the item relating to section 510;

(5) in section 501—

(A) in subsection (a), by striking “122” and inserting “121”;

(B) by striking subsections (c), (d), (e), and (f); and

(C) by adding at the end the following:

“(c)(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.”;

(6) by striking section 510;

(7) in section 511(a), by striking “122” and inserting “121”;

(8) in section 708(a)—

(A) in paragraph (8), by adding “and” at the end;

(B) in paragraph (9), by striking the semicolon at the end and inserting a period;

(C) by striking paragraphs (10) and (11); and

(D) in the flush text at the end, 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.”;

(9) in section 801—

(A) by striking “sections 111, 119, and” each place it appears and inserting “section”;

(B) by striking “111, 119, or” each place it appears; and

(C) in subsection (b)—

(i) in paragraph (1), in the matter preceding subparagraph (A), by striking “119,”;

(ii) by striking paragraph (2);

(iii) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; and

(iv) in paragraph (2), as redesignated by clause (iii)—

(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)”;

(10) in section 803—

(A) in subsection (b)(1)(A)(i)—

(i) in the matter preceding subclause (I)—

(I) by striking “111,”; and

(II) by striking “119,”;

(ii) 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

(D) in section 804—

(i) in subsection (a)—

(I) by striking “paragraphs (1) and (2) of section 801(b)” and inserting “section 801(b)(1)”;

(II) by striking “111,”; and

(III) by striking “119,”; and

(ii) in subsection (b)—

(I) by striking paragraph (1);

(II) by redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively; and

(III) in paragraph (7), as redesignated by subclause (II)—

(aa) by striking “section 801(b)(3)” and inserting “section 801(b)(2)”; and

(bb) by striking “111, 119, or”.

SEC. 4. Repeal of Commission rules relating to regulatory intervention.

The Federal Communications Commission shall take all actions necessary to—

(1) repeal section 73.658 of title 47 of the Code of Federal Regulations;

(2) repeal subpart D of part 76 of title 47 of the Code of Federal Regulations;

(3) repeal subpart F of part 76 of title 47 of the Code of Federal Regulations; and

(4) modify the broadcast ownership limitations set forth in section 73.3555 of title 47 of the Code of Federal Regulations 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 such section 73.3555 in effect on October 1, 2011, as described in subsection (d) of such section 73.3555.

SEC. 5. Transitional Provisions.

(a) Congressional finding.—Congress finds and declares that 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 the retransmission consent shall be entered into pursuant to section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 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 section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) prior to the date of enactment of this Act, which by the terms of the contract, understanding, or arrangement expires before July 1, 2014, shall be deemed to be extended through July 1, 2014 based on the terms of the contract, understanding, or arrangement in effect on the date before the expiration date of the contract, understanding, or arrangement.

(3) EXPIRATION OF PRIOR CONTRACTS.—No contract, understanding, or arrangement for retransmission consent entered into pursuant to section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) before the date of enactment of this Act shall be enforceable by any person or entity after July 1, 2014.

(c) 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.

SEC. 6. Effective date.

Except as provided in section 5, this Act and the amendments made by this Act, shall take effect on July 1, 2014.