Bill Summary
This legislation, called a bill, was introduced to the Senate and House of Representatives of the United States with the purpose of allowing certain television broadcast stations to be carried by cable operators in the designated market area of Albany, New York, specifically in Berkshire County, Massachusetts. This means that the cable operators in that area will be allowed to transmit certain television broadcast stations to their subscribers, even if those stations were not previously being transmitted to all subscribers in that market area. However, the cable operators must engage in good faith negotiations with the television broadcast stations regarding the terms of the retransmission. Any television broadcast station in the Albany designated market area can also assert network nonduplication or syndicated exclusivity protections against any cable system in Berkshire County. It is important to note that this legislation does not alter any contracts or affect the applicability of other communications or copyright laws related to the retransmission of television broadcast stations.
Possible Impacts
1. A person living in Berkshire County, Massachusetts may now have access to television broadcast stations that were previously not available to them due to the restrictions of the designated market area of Albany, New York.
2. Cable operators in Berkshire County, Massachusetts are now required to negotiate with television broadcast stations in good faith in order to provide retransmission to their subscribers. This could potentially affect the cost of cable services for the subscribers.
3. Television broadcast stations licensed to a community in the Albany designated market area can now protect their network and syndicated content from being duplicated by cable systems in Berkshire County, Massachusetts. This could potentially affect the availability of certain programs for the cable subscribers.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3002 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3002
To provide for the carriage of certain television broadcast stations,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2019
Mr. Neal introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for the carriage of certain 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. CARRIAGE OF TELEVISION BROADCAST STATIONS.
(a) In General.--Notwithstanding any other provision of law, a
cable operator may transmit to subscribers in Berkshire County,
Massachusetts, in the designated market area of Albany, New York (in
this section referred to as the ``Albany designated market area''), any
television broadcast station that--
(1) was retransmitted to subscribers located in Berkshire
County in the Albany designated market area on December 1,
2016; and
(2) as of the date of enactment of this Act, is not
retransmitted to all subscribers in Berkshire County in the
Albany designated market area.
(b) Negotiations.--A cable operator that engages in the
retransmission described in subsection (a) shall engage in good faith
negotiations within the meaning of section 76.65 of title 47, Code of
Federal Regulations, or any successor thereto, with a television
broadcast station regarding the terms of such retransmission.
(c) Nonduplication.--Any television broadcast station licensed to a
community within the Albany designated market area may assert network
nonduplication or syndicated exclusivity protections against any cable
system in any cable community located in Berkshire County,
Massachusetts.
(d) Rules of Construction.--Nothing in this Act shall be
construed--
(1) to alter any contract provided under section 325 of the
Communications Act of 1934 (47 U.S.C. 325); or
(2) to affect the applicability of any other communications
or copyright law related to the retransmission of a television
broadcast station by a cable operator.
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