[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3994 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3994
To repeal certain provisions of the Communications Act of 1934, title
17 of the United States Code, and certain regulations, to allow for
interim carriage of television broadcast signals, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2019
Mr. Scalise (for himself and Ms. Eshoo) 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 certain regulations, to allow for
interim carriage of television broadcast signals, 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 ``Modern Television Act of 2019''.
SEC. 2. AGREEMENTS FOR CARRIAGE OF BROADCAST PROGRAMMING.
(a) Agreements for Carriage of Broadcast Programming.--Section 325
of the Communications Act of 1934 (47 U.S.C. 325) is amended--
(1) in subsection (b)(3)(C)--
(A) in clause (i), by striking the semicolon at the
end and inserting ``; and'';
(B) by striking clauses (ii), (iii), and (iv); and
(C) by redesignating clause (v) as clause (ii); and
(2) by adding at the end the following:
``(f) Requirements for Marketplace Agreements.--
``(1) Negotiation requirements.--
``(A) In general.--Not later than 90 days after the
date of the enactment of the Modern Television Act of
2019, the Commission shall, by regulation--
``(i) require a television broadcast
station and multichannel video programming
distributor (and any large station group or
qualified MVPD buying group negotiating for a
marketplace agreement on behalf of a television
broadcast station or multichannel video
programming distributor, respectively) to
negotiate in good faith in any effort to reach
a marketplace agreement; and
``(ii) prohibit a television broadcast
station from coordinating negotiations or
negotiating on a joint basis with another
television broadcast station in the same local
market in an effort to reach a marketplace
agreement with a multichannel video programming
distributor, unless such stations are directly
or indirectly under common de jure control
permitted under the regulations of the
Commission.
``(B) Good faith requirements.--The regulations
promulgated under paragraph (1)(A) shall provide--
``(i) that it is a violation of the
requirement under paragraph (1)(A)(i)--
``(I) for a multichannel video
programming distributor, a qualified
MVPD buying group, a television
broadcast station, or a large station
group to refuse to declare an impasse
for the sole purpose of avoiding
binding arbitration under subsection
(g), as added by the Modern Television
Act of 2019; or
``(II) for a large station group to
prohibit a qualified MVPD buying group
from permitting a multichannel video
programming distributor with which the
large station group has an existing
marketplace agreement to join a new
marketplace agreement negotiated by the
large station group and the qualified
MVPD buying group upon the expiration
of the existing marketplace agreement,
if the multichannel video programming
distributor was unable to join the new
marketplace agreement at the time of
the execution of the agreement because
of the existing marketplace agreement;
``(ii) that is not a violation of the
requirement under paragraph (1)(A)(i)--
``(I) for a television broadcast
station or large station group to enter
into marketplace agreements containing
different terms and conditions,
including price terms and royalty fees,
with different multichannel video
programming distributors or with
different qualified MVPD buying groups
if such different terms and conditions
are based on competitive marketplace
considerations; or
``(II) for a multichannel video
programming distributor or a qualified
MVPD buying group to enter into
marketplace agreements containing
different terms and conditions,
including price terms and royalty fees,
with different television broadcast
stations or with different large
station groups if such different terms
and conditions are based on competitive
marketplace considerations;
``(iii) that a multichannel video
programming distributor may satisfy its
obligations under paragraph (1)(A)(i) 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; and
``(iv) that a qualified MVPD buying group
may satisfy any obligations under paragraph
(1)(A)(i) to designate a representative with
authority to make binding representations by
designating such a representative that can make
binding representations on the qualified MVPD
buying group's behalf.
``(2) Interim carriage.--Not later than 90 days after the
date of the enactment of the Modern Television Act of 2019, the
Commission shall, by regulation, require a multichannel video
programming distributor to retransmit a signal of a television
broadcast station and the television broadcast station to
permit the retransmission of that signal--
``(A) for a period not longer than 60 days
beginning on the date on which a marketplace agreement
entered into by the television broadcast station and
the multichannel video programming distributor (or by
any large station group or qualified MVPD buying group
negotiating for a marketplace agreement on behalf of a
television broadcast station or multichannel video
programming distributor, respectively) expires; and
``(B) under the terms and conditions of such
expired agreement.
``(3) Retroactivity of marketplace agreement.--Not later
than 90 days after the date of the enactment of the Modern
Television Act of 2019, the Commission shall require, by
regulation, each marketplace agreement entered into on or after
such date of enactment by a television broadcast station and a
multichannel video programming distributor (or by any large
station group or qualified MVPD buying group negotiating for a
marketplace agreement on behalf of a television broadcast
station or multichannel video programming distributor,
respectively) to include a clause making the terms of the
agreement retroactive to the expiration date of the most recent
marketplace agreement entered into by or on behalf of the
station and the distributor if the station and the
distributor--
``(A) had previously entered into a marketplace
agreement; and
``(B) are required to retransmit a signal or permit
the retransmission of a signal, as the case may be,
under paragraph (2) or subsection (g), as added by the
Modern Television Act of 2019.
``(4) Prohibition on requiring certain payments.--Not later
than 90 days after the date of the enactment of the Modern
Television Act of 2019, the Commission shall, by regulation,
prohibit a television broadcast station from requiring payment,
either directly or indirectly, from a multichannel video
programming distributor for customers of the multichannel video
programming distributor who do not receive the signals of the
television broadcast station from that distributor.
``(5) Limitation.--The requirements under this subsection
do not apply with respect to mandatory carriage of the signal
of a television broadcast station that elects mandatory
carriage under section 338, 614, or 615.
``(6) Definitions.--In this subsection:
``(A) Large station group.--The term `large station
group' means a group--
``(i) of commonly owned or controlled
television broadcast stations that generally
negotiate marketplace agreements as a single
entity; and
``(ii) which includes, with respect to at
least five different local markets, at least
one television broadcast station ranked among
the top four stations, based on audience share,
as measured by Nielsen Media Research or by any
comparable professional, accepted audience
ratings service.
``(B) Local market.--The term `local market' has
the meaning given that term in section 122 of title 17,
United States Code.
``(C) Marketplace agreement.--The term `marketplace
agreement' means an agreement, or agreements, for--
``(i) the exclusive right under section 106
of title 17, United States Code, to transmit a
performance or display of a work embodied in
primary transmission (as defined in section
111(f) of such title) of a television broadcast
station and the royalty fee payable; or
``(ii) retransmission consent under
subsection (b), as in effect before the repeal
made by the Modern Television Act of 2019.
``(D) Multichannel video programming distributor.--
The term `multichannel video programming distributor'
has the meaning given the term in section 602.
``(E) Qualified mvpd buying group.--The term
`qualified MVPD buying group' means an entity, with
respect to a large station group, that--
``(i) has been designated to negotiate on
behalf of two or more multichannel video
programming distributors--
``(I) none of which is a
multichannel video programming
distributor that serves more than
5,000,000 subscribers nationally; and
``(II) that do not collectively
serve more than 35 percent of all
households served by a multichannel
video programming distributor in any
single local market in which the
applicable large station group
operates;
``(ii) agrees to assume liability under a
marketplace agreement only with respect to
forwarding to the appropriate television
broadcast station or large station group for
payment all fees received from the multichannel
video programming distributors on behalf of
which the entity negotiates;
``(iii) uniformly bills each multichannel
video programming distributor on behalf of
which the entity negotiates;
``(iv) agrees to standardized contract
provisions for each multichannel video
programming distributor on behalf of which the
entity negotiates; and
``(v) agrees either collectively or
individually on reasonable technical quality
standards for each multichannel video
programming distributor on behalf of which the
entity negotiates.
``(F) 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.''.
(b) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date that is 90 days after the date
of the enactment of this Act.
SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE
UNDER THE COMMUNICATIONS ACT OF 1934.
(a) Repeal.--The following sections of the Communications Act of
1934 (47 U.S.C. 151 et seq.) are hereby repealed:
(1) Section 325(b) (47 U.S.C. 325(b)).
(2) Section 325(e) (47 U.S.C. 325(e)).
(3) Section 339 (47 U.S.C. 339).
(4) Section 340 (47 U.S.C. 340).
(5) Section 341 (47 U.S.C. 341).
(6) Section 342 (47 U.S.C. 342).
(7) Section 612 (47 U.S.C. 532).
(8) Section 712 (47 U.S.C. 612).
(b) Additional Amendments.--
(1) Section 338.--Section 338 of the Communications Act of
1934 (47 U.S.C. 338) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by inserting ``or under a
marketplace agreement (as that term is
defined in section 325),'' after
``Code,''; and
(II) by striking ``, subject to
section 325(b)'';
(ii) in paragraph (2), by striking
``501(f)'' each place it appears and inserting
``501(e)'';
(iii) in paragraph (3)--
(I) by striking ``whose signals''
and all that follows through ``of title
17, United States Code,''; and
(II) by inserting ``or a
marketplace agreement'' after ``such
title'';
(iv) by amending paragraph (4) to read as
follows:
``(4) Nondiscrimination in carriage of high-definition
signals of noncommercial educational television stations.--If,
on or after the date of enactment of the Satellite Television
Extension and Localism Act of 2010, an eligible satellite
carrier initiates the provision of any secondary transmission
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.''; and
(v) by striking paragraph (5);
(B) in subsection (d), by inserting ``seeking
carriage under subsection (a)(1)'' after ``signal of a
local television broadcast station'';
(C) by striking subsection (h);
(D) by redesignating subsections (i), (j), (k), and
(l) as subsections (h), (i), (j), and (k),
respectively;
(E) in subsection (j), as so redesignated--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3),
(4), (5), (6), (7), (8), (9), and (10) as
paragraphs (1), (2), (3), (4), (5), (6), (7),
(8), and (9), respectively;
(iii) in paragraph (3), as so redesignated,
by striking ``122(j)'' and inserting
``122(g)'';
(iv) in paragraph (6), as so redesignated,
by striking ``119(d)'' and inserting
``111(f)'';
(v) in paragraph (7), as so redesignated,
by striking ``119(d)'' and inserting
``111(f)'';
(vi) in paragraph (8), as so redesignated,
by striking ``122(j)'' and inserting
``122(g)''; and
(vii) in paragraph (9), as so redesignated,
by striking ``325(b)(7)'' and inserting
``325''; and
(F) in subsection (k), as so redesignated, by
striking paragraph (5).
(2) Section 623.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsections (a), (b), (c), (d),
(g), (h), (i), (j), (k), (l), (m), (n), and (o);
(B) by redesignating subsections (e) and (f) as
subsections (a) and (b), respectively; and
(C) by adding at the end the following:
``(c) 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 325, 338, 614, and
615.''.
(c) Conforming Amendments.--
(1) Section 343.--Section 343 of the Communications Act of
1934 (47 U.S.C. 343) is redesignated as section 339 of such
Act.
(2) Section 615.--Section 615 of the Communications Act of
1934 (47 U.S.C. 535) is amended--
(A) by striking subsection (f); and
(B) 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.''.
(3) 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''.
(4) 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''.
(5) Section 625.--Section 625 of the Communications Act of
1934 (47 U.S.C. 545) is amended--
(A) in subsection (c)--
(i) by striking ``rearrange, replace,'' and
inserting ``replace'';
(ii) in paragraph (1), by striking ``; or''
and inserting a period;
(iii) by striking paragraph (2); and
(iv) by striking ``franchise if--'' and all
that follows through ``such service is no
longer'' and inserting ``franchise if such
service is no longer''; and
(B) in subsection (d), by striking ``, if the
rates'' and all that follows and inserting a period.
(6) 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''.
(7) Section 638.--Section 638 of the Communications Act of
1934 (47 U.S.C. 558) is amended by striking ``governmental use
or on any other channel obtained under section 612 or under
similar arrangements'' and inserting ``or governmental use''.
(8) 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 (C), by adding ``and''
at the end; and
(ii) by striking subparagraph (D) and
redesignating subparagraph (E) as subparagraph
(D); and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``(other than
subsection (a) thereof)''; and
(II) by striking ``623(f)'' and
inserting ``623(b)'';
(ii) in subparagraph (B), 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)'' and
inserting ``623(b)''.
SEC. 4. BINDING ARBITRATION.
Section 325 of the Communications Act of 1934, as amended by
sections 2 and 3, is further amended by adding at the end the
following:
``(g) Binding Arbitration.--
``(1) Requirement.--Beginning on the date that is 90 days
after the date on which this subsection takes effect, the
Commission shall, by regulation--
``(A) provide that the Commission may require a
television broadcast station and multichannel video
programming distributor negotiating a marketplace
agreement (and any large station group or qualified
MVPD buying group negotiating for a marketplace
agreement on behalf of a television broadcast station
or multichannel video programming distributor,
respectively) to submit to binding arbitration--
``(i) upon--
``(I) a declaration of an impasse
in negotiations by all parties
negotiating the agreement;
``(II) a preliminary finding by the
Commission of a violation of the good
faith requirement under subsection
(f)(1)(A)(i); or
``(III) the failure of the
television broadcast station and
multichannel programming distributor
(or any large station group or
qualified MVPD buying group negotiating
for a marketplace agreement on behalf
of a television broadcast station or
multichannel video programming
distributor, respectively) to reach a
marketplace agreement by the date that
is 60 days after the date on which a
marketplace agreement entered into by
the television broadcast station and
the multichannel video programming
distributor (or by any large station
group or qualified MVPD buying group
negotiating for a marketplace agreement
on behalf of a television broadcast
station or multichannel video
programming distributor, respectively)
expires; and
``(ii) in a form substantially similar to
that imposed in Section VII of Appendix A of
the Memorandum Opinion and Order in the matter
of Applications of Comcast Corporation, General
Electric Company, and NBC Universal, Inc. For
Consent to Assign Licenses and Transfer Control
of Licensees that was adopted by the Commission
on January 18, 2011 (FCC 11-4); and
``(B) provide that the Commission may require a
multichannel video programming distributor to
retransmit a signal of a television broadcast station
and the television broadcast station to permit the
retransmission of that signal--
``(i) during any period in which the
television broadcast station and the
multichannel video programming distributor (or
any large station group or qualified MVPD
buying group negotiating for a marketplace
agreement on behalf of a television broadcast
station or multichannel video programming
distributor, respectively) are required to
submit to binding arbitration under
subparagraph (A); and
``(ii) in accordance with the interim
carriage provisions imposed in Section VII of
Appendix A of the Memorandum Opinion and Order
described under subparagraph (A)(ii).
``(2) Definitions.--In this subsection, the terms `large
station group', `marketplace agreement', `multichannel video
programming distributor', `qualified MVPD buying group', and
`television broadcast station' have the meaning given those
terms in subsection (f).''.
SEC. 5. REPEAL OF REGULATORY INTERVENTION IN THE COPYRIGHT ACT.
(a) In General.--
(1) Repeal.--Section 119 of title 17, United States Code,
is hereby repealed.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 1 of title 17, United States Code, is
amended by striking the item related to section 119.
(b) Section 111.--Section 111 of title 17, United States Code, is
amended--
(1) in subsection (a)(4), by striking ``section 119 or'';
(2) in subsection (c)--
(A) by striking ``broadcast station licensed by the
Federal Communications Commission or by an appropriate
governmental authority of Canada or Mexico'' and
inserting ``qualified broadcast station'' each place it
appears; and
(B) in paragraph (1), by striking ``where the
carriage'' and all that follows before the period at
the end;
(3) in subsection (d)(1)(A), by striking the second
sentence; and
(4) in subsection (f)--
(A) in paragraph (4), by striking ``122(j)(2)(C)''
and inserting ``122(g)(2)(C)''; and
(B) by adding at the end, the following:
``(14) Qualified broadcast station.--The term `qualified
broadcast station' means a broadcast station licensed by the
Federal Communications Commission, or by an appropriate
governmental authority of Canada or Mexico, that elects
mandatory carriage under section 614 or 615 of the
Communications Act of 1934.
``(15) 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 or the
Direct Broadcast Satellite Service under part 25 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 (47 U.S.C. 151 et seq.), other than
for private home viewing.''.
(c) Section 122.--Section 122 of title 17, United States Code, is
amended--
(1) by striking ``television broadcast stations'' each
place it appears and inserting ``qualified television broadcast
stations'';
(2) by striking ``television broadcast station'' each place
it appears and inserting ``qualified television broadcast
station'';
(3) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the
semicolon at the end and inserting ``; and'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B);
(B) by striking paragraphs (2), (3), and (5);
(C) by redesignating paragraph (4) as paragraph
(2); and
(D) in paragraph (2), as so redesignated, by
striking ``Special exceptions.--A secondary
transmission of a performance or display'' and all that
follows through ``In the case of a system'' and
inserting ``Special exception.--In the case of a
system'';
(4) by striking subsections (b), (f ), and (g);
(5) by redesignating subsections (c), (d), (e), (h), (i),
and (j) as subsections (b), (c), (d), (e), (f), and (g),
respectively;
(6) in subsection (c), as so redesignated--
(A) by striking ``television broadcast station''
each place it appears and inserting ``qualified
television broadcast station'';
(B) by striking ``television broadcast signals''
and inserting ``signal of a qualified television
broadcast stations''; and
(C) by striking ``, if the satellite carrier'' and
all that follows before the period at the end;
(7) in subsection (d), as so redesignated, by striking
``television broadcast station'' each place it appears and
inserting ``qualified television broadcast station'';
(8) in subsection (f), as so redesignated, by striking
``and section 119''; and
(9) in subsection (g), as so redesignated--
(A) in paragraph (2)(E), by striking ``338(l)'' and
inserting ``338(k)'';
(B) by amending paragraph (4) to read as follows:
``(4) Network station.--The term `network station' means--
``(A) a television station licensed by the Federal
Communications Commission, including any translator
station or terrestrial satellite station that
rebroadcasts all or substantially all of the
programming broadcast by a network station, that is
owned or operated by, or affiliated with, one or more
of the television networks in the United States that
offer an interconnected program service on a regular
basis for 15 or more hours per week to at least 25 of
its affiliated television licensees in 10 or more
States; or
``(B) a noncommercial educational broadcast station
(as defined in section 397 of the Communications Act of
1934);
except that the term does not include the signal of the Alaska
Rural Communications Service, or any successor entity to that
service.'';
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (6), (7), and (8), respectively;
(D) by inserting after paragraph (4), the
following:
``(5) Non-network station.--The term `non-network station'
means a television station, other than a network station,
licensed by the Federal Communications Commission, that is
secondarily transmitted by a satellite carrier.''; and
(E) in paragraph (8), as so redesignated--
(i) in the heading, by striking
``Television broadcast station'' and inserting
``Qualified television broadcast station'';
(ii) in subparagraph (A), by inserting ``,
that elects mandatory carriage pursuant to
section 338 of the Communications Act of 1934''
after ``Regulations''; and
(iii) in subparagraph (B)--
(I) by inserting ``that elects
mandatory carriage pursuant to section
338 of the Communications Act of
1934,'' after ``Mexico''; and
(II) by striking ``as defined in
section 119(d)(2)(A)''.
(d) Conforming Amendments.--Title 17, United States Code, is
amended--
(1) in section 501--
(A) by striking ``local service area'' each place
it appears and inserting ``designated market area'';
(B) by striking subsection (e);
(C) by redesignating subsection (f) as subsection
(e); and
(D) by adding at the end the following:
``(f) In this section, 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.'';
(2) in section 708(a)(10), by striking ``119 or'';
(3) in section 801--
(A) in subsection (b)(1), by striking ``119,''; and
(B) by striking ``, 119,'' each place it appears;
(4) in section 803--
(A) in subsection (b)(1)(A)(i), in the matter
preceding subclause (I), by striking ``, 119'';
(B) in subsection (d)(2)(C)(i), by striking ``,
119''; and
(C) in subsection (e)(2), by striking ``118, or
119'' and inserting ``or 118''; and
(5) in section 804--
(A) in subsection (a), by striking ``, 119''; and
(B) in subsection (b)(8), by striking ``, 119,''.
SEC. 6. 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 F of part 76 of the Commission's rules;
and
(3) modify subpart S of part 76 of the Commission's rules
by eliminating any requirements relating to network
nonduplication and syndicated exclusivity for open video
systems.
SEC. 7. REPORT.
Section 13 of the Communications Act of 1934 (47 U.S.C. 163) is
amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) if the Commission determines under subsection (e)(2)
that the totality of the measurements have presented a net
negative impact in the two years preceding the report, include
specific policies to improve market functioning.''; and
(2) by adding at the end the following:
``(e) Comptroller General Study.--
``(1) Study.--Not later than 4 years after the date of the
enactment of the Modern Television Act of 2019, and every two
years thereafter, the Comptroller General of the United States,
in consultation with the Commission, shall study the effect of
the regime established under such Act, and the amendments made
by such Act, by measuring--
``(A) the price consumers pay for video
programming, adjusted to reflect national monetary
inflation or deflation;
``(B) the satisfaction of consumers with the
quality of video programming and the services of
multichannel video programming distributors;
``(C) the--
``(i) number of interruptions to the
distribution of programming to consumers
because of impasses in negotiations between
multichannel video programming distributors and
television broadcast stations;
``(ii) duration of each interruption; and
``(iii) number of consumers impacted by
each interruption; and
``(D) consumer access to local programming,
including news, weather, sports, and public,
educational, and governmental programming.
``(2) Determination by commission.--The Commission shall
determine under the study described in paragraph (1) if the
totality of the measurements described in such paragraph
present a net positive, net negative, or indeterminate impact
to consumers and to the marketplace.
``(3) Definitions.--In this subsection, the terms `video
programming' and `multichannel video programming distributor'
have the meaning given those terms in section 602.''.
SEC. 8. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this Act and the amendments made by this Act, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
SEC. 9. EFFECTIVE DATE.
Except as provided in section 2, this Act, and the amendments made
by this Act, shall take effect on the date that is 42 months after the
date of the enactment of this Act.
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Modern Television Act of 2019
#3994 | HR Congress #116
Policy Area: Science, Technology, Communications
Subjects: Administrative law and regulatory proceduresAdministrative remediesAlternative dispute resolution, mediation, arbitrationBroadcasting, cable, digital technologiesCompetition and antitrustCongressional oversightConsumer affairsContracts and agencyFederal Communications Commission (FCC)Government studies and investigationsInflation and pricesIntellectual propertyLicensing and registrationsTelecommunication rates and feesTelevision and film
Last Action: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (8/28/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text