H.R. 4572 — Introduced in House

I 113th CONGRESS 2d Session H. R. 4572 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Walden (for himself, Mr. Upton, Mr. Waxman, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to extend expiring provisions relating to the retransmission of signals of television broadcast stations, and for other purposes. 1. Short title This Act may be cited as the STELA Reauthorization Act of 2014. 2. Extension of authority Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended— (1) in paragraph (2)(C), by striking December 31, 2014 and inserting December 31, 2019; and (2) in paragraph (3)(C), by striking January 1, 2015 each place it appears and inserting January 1, 2020. 3. Retransmission consent negotiations (a) In general Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market (as defined in section 122(j) of title 17, United States Code) to grant retransmission consent under this section to 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) Margin correction Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is further amended by moving the margin of clause (iii) 4 ems to the left. (c) Deadline for regulations Not later than 9 months after the date of the enactment of this Act, the Commission shall promulgate regulations to implement the amendments made by this section. 4. Delayed application of JSA attribution rule in case of waiver petition In the case of a party to a joint sales agreement (as defined in Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations) that is in effect on the effective date of the amendment to Note 2(k)(2) to such section made by the Further Notice of Proposed Rulemaking and Report and Order adopted by the Commission on March 31, 2014 (FCC 14–28), and who, not later than 90 days after the date of the enactment of this Act, submits to the Commission a petition for a waiver of the application to such agreement of the rule in such Note 2(k)(2) (as so amended), such party shall not be considered to be in violation of the ownership limitations of such section by reason of the application of such rule to such agreement until the later of— (1) the date that is 18 months after the date on which the Commission denies such petition; or (2) December 31, 2016. 5. Deletion or repositioning of stations during certain periods (a) In general Section 614(b)(9) of the Communications Act of 1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence. (b) Revision of rules Not later than 90 days after the date of the enactment of this Act, the Commission shall revise section 76.1601 of its rules (47 C.F.R. 76.1601) and any note to such section by removing the prohibition against deletion or repositioning of a local commercial television station during a period in which major television ratings services measure the size of audiences of local television stations. 6. Repeal of integration ban (a) No force or effect The second sentence of section 76.1204(a)(1) of title 47, Code of Federal Regulations, shall have no force or effect after the date of the enactment of this Act. (b) Removal from rules Not later than 180 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to remove the sentence described in subsection (a) from its rules. 7. Report on communications implications of statutory licensing modifications (a) Study The Comptroller General of the United States shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General considers appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming. (b) Report Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a), including any recommendations for legislative or administrative actions. Such report shall also include a discussion of any differences between such results and the results of the study conducted under section 303 of the Satellite Television Extension and Localism Act of 2010 (124 Stat. 1255). 8. Local network channel broadcast reports (a) Requirement (1) In general On the 270th day after the date of the enactment of this Act, and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Commission setting forth— (A) each local market in which it— (i) retransmits signals of 1 or more television broadcast stations with a community of license in that market; (ii) has commenced providing such signals in the preceding 1-year period; and (iii) has ceased to provide such signals in the preceding 1-year period; and (B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market. (2) Termination The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph. (b) Definitions In this section— (1) the terms local market and satellite carrier have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and (2) the term television broadcast station has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)). 9. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate. (2) Commission The term Commission means the Federal Communications Commission.