,,ii  #aacth ,,congress  #ast ,session  
,s4 #afhj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ab1 
#bjac,mr4 ,rockefeller introduced the   
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend the              
,communications ,act of #aicd to        
increase consumer choice and competition
 in the online video programming        
distribution marketplace1 and for other 
purposes4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,consumer ,choice in
 ,online ,video ,act4  7b7 ,table of    
contents ,the table of contents of this 
,act is as follows3 ,sec4 #a4 ,short    
title2 table of contents4,sec4 #b4      
,findings2 statement of policy4,sec4 #c4
 ,definitions4,,title ,i--,billing for  
,internet ,service,sec4 #aja4 ,consumer 
protections4,,title ,,ii--,online ,video
 ,distribution ,alternatives,sec4 #bja4 
,protections for online video           

distributors4,sec4 #bjb4 ,federal       
,communications ,commission report on   
peering4,,title ,,iii--,non-facilities  
based multichannel video programming    
distributors,sec4 #cja4 ,non-facilities 
based multichannel video programming    
distributors4,,title                    
,,iv--,miscellaneous,sec4 #dja4         
,technical and conforming               
amendments4,sec4 #djb4 ,provisions as   
complementary4,sec4 #djc4 ,applicability
 of antitrust laws4,sec4 #djd4          
,severability4  #b4 ,findings2 statement
 of policy  7a7 ,findings ,congress     
makes the following findings3 7#a7      
,online video distribution has the      
potential to increase consumer choice in
 video programming1 lower prices for    
video services1 bring innovative        
services to the video distribution      
marketplace1 and disrupt the traditional
 multichannel video distribution        
marketplace4  7#b7 ,evolving consumer   
demand1 improving technology1 and       
increased choice of viewing devices can 

make online video distributors stronger 
competitors to multichannel video       
programming distributors for an         
increasing number of viewers4  7#c7     
,unlike traditional multichannel video  
programming distributors1 online video  
distributors do not own distribution    
facilities and are dependent upon       
,internet service providers 7many of    
which are affiliated with multichannel  
video programming distributors7 for the 
delivery of their content to viewers4   
7#d7 ,internet service providers'       
management and pricing of broadband     
services affects online video           
distributors4 ,because online video     
distribution consumes significant       
amounts of ,internet bandwidth1         
,internet service providers' use of     
usage-based billing practices can       
negatively impact the competitive       
position of online video distributors   
and the appeal of their services to     
consumers4  7#e7 ,internet service      
providers that are affiliated with a    

multichannel video programming          
distributor or an online video          
distributor have an increased incentive 
to degrade the delivery of1 or block    
entirely1 traffic from the websites of  
other online video distributors1 or     
speed up or favor access to the content 
and aggregation websites of their       
affiliates1 because online video        
distributors pose a threat to those     
affiliates' video programming           
distribution businesses4  7#f7          
,similarly1 multichannel video          
programming distributors who are        
affiliated with ,internet service       
providers1 online video distributors who
 are affiliated with ,internet service  
providers1 or video programming vendors 
with significant market power have the  
incentive and ability to use their      
competitive position to engage in unfair
 methods of competition meant to hinder 
competition from online video           
distributors4  7#g7 ,growth of online   
video distribution alternatives also    

will depend1 in part1 on the            
distributor's ability to acquire        
programming from content producers4     
,without access to content on           
competitive terms1 an online video      
distributor suffers a distinct          
competitive harm4  7#h7 ,some           
traditional multichannel video          
programming distributors have admitted  
to taking steps to limit the ability of 
online video distributors to access     
content or otherwise effectively compete
 in the video distribution marketplace4 
7#i7 ,traditional multichannel video    
programming distributors and even other 
online video distributors have the      
incentive and ability to convince their 
video programming vendor partners not to
 sell content to online video           
distributors or to sell content to them 
at competitively disadvantageous prices1
 terms1 and conditions4 ,they also have 
the incentive and ability to retaliate  
against a video programming vendor that 
sells content to an online video        

distributor4  7#aj7 ,traditional        
multichannel video programming          
distributors have the incentive and     
ability to use their relationships with 
manufacturers of television sets1       
set-top boxes1 and other customer       
premises equipment to favor their own   
services over offerings from online     
video distributors4  7#aa7 ,there is a  
substantial governmental and ,first     
,amendment interest in-- 7,a7 requiring 
,internet service providers to provide  
consumers with accurate information     
about their ,internet service1 and to   
ensure that data usage monitoring       
systems are accurate1 effective1 and not
 used for an anticompetitive purpose2   
7,b7 promoting a diversity of views     
provided through multiple technology    
media2  7,c7 promoting the development  
of online video distribution platforms  
and fair competition amongst all        
distributors and vendors of video       
programming2  7,d7 preventing ,internet 
service providers that are affiliated   

with a multichannel video programming   
distributor or an online video          
distributor from discriminating against 
unaffiliated content and distributors in
 its exercise of control over consumers'
 broadband connections2  7,e7           
encouraging and protecting consumer     
choice and innovation in online video   
distribution1 including with respect to 
distribution of broadcast television    
content2 and  7,f7 providing consumers  
with the ability to choose to receive   
local broadcast television content from 
various markets4  7b7 ,statement of     
policy ,it is the policy of the         
,congress that-- 7#a7 consumers should  
be fully informed about the terms and   
conditions related to the purchase of   
,internet service from an ,internet     
service provider2  7#b7 usage-based     
billing systems used by an ,internet    
service provider should not be used in a
 way that harms development and use of  
high-bandwidth consuming ,internet      
applications and services that might    

compete with that ,internet service     
provider's own services2  7#c7 the      
availability of a diversity of views and
 information should be promoted to the  
public through various video programming
 distribution platforms1 including those
 providing service by utilizing the     
,internet or other ,,ip-based           
transmission paths2  7#d7 existing      
multichannel video programming          
distributors and video programming      
vendors should not have or exercise     
undue market power with respect to      
online video distributors2 and  7#e7    
,internet service providers should not  
hinder through anticompetitive behavior 
the ability of online video distributors
 to provide services to their           
subscribers4  #c4 ,definitions ,in this 
,act3 7#a7 ,broadcast television        
licensee ,the term broadcast television 
licensee means the licensee of a        
full-power television station or a      
low-power television station4  7#b7     
,commission ,the term ,commission means 

the ,federal ,communications            
,commission4  7#c7 ,internet service    
provider ,the term ,internet service    
provider means any provider of ,internet
 service to an end user1 regardless of  
the technology used to provide that     
service4  7#d7 ,non-facilities based    
multichannel video programming          
distributor ,the term non-facilities    
based multichannel video programming    
distributor means an online video       
distributor that has made the election  
permitted under section #fgb4  7#e7     
,online video distributor ,the term     
online video distributor means any      
entity1 including a non-facilities based
 multichannel video programming         
distributor1 that-- 7,a7 has its        
principal place of business in the      
,united ,states2 and  7,b7 distributes  
video programming in the ,united ,states
 by means of the ,internet or another   
,,ip-based transmission path provided by
 a person other than that entity4  7#f7 
,television network ,the term television

 network means a television network in  
the ,united ,states which offers an     
interconnected program service on a     
regular basis for #ae or more hours per 
week to at least #be affiliated         
broadcast stations in #aj or more       
,states4  7#g7 ,usage-based billing     
7,a7 ,in general ,the term usage-based  
billing means a system of charging a    
consumer for ,internet service or the   
use of an ,,ip-based transmission path  
provided by an ,internet service        
provider or other entity that is based  
upon the amount of data the consumer    
uses over a period of time4  7,b7       
,inclusions ,the term usage-based       
billing includes-- 7i7 imposing a cap on
 the amount of data the consumer can use
 based on the price the consumer is     
willing to pay for service2  7ii7       
charging a consumer varying amounts each
 billing cycle based on a per-megabyte1 
per-gigabyte1 or similar rate2 and      
7iii7 establishing different tiers of   
prices based on the amount of data the  

consumer elects to consume in a billing 
cycle1 whether or not the amount acts as
 a cap on the consumer's service4  7#h7 
,video programming ,the term video      
programming means programming provided  
by1 or generally considered comparable  
to programming provided by1 a television
 broadcast station1 whether or not such 
programming is delivered using a portion
 of the electromagnetic frequency       
spectrum4  7#i7 ,video programming      
vendor ,the term video programming      
vendor means a person engaged in the    
production1 creation1 or wholesale      
distribution of video programming for   
sale4  ,i ,billing for ,internet        
,service  #aja4 ,consumer protections   
,title ,,vii of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #fja et seq47  
is amended-- 7#a7 by inserting before   
section #gja the following3  ,i ,general
 provisions  2  and  7#b7 by adding at  
the end the following3  ,,ii ,internet  
,services ,billing  #gba4 ,consumer     
protections  7a7 ,general ,disclosures  

7#a7 ,in general ,not later than #a year
 after the date of enactment of the     
,consumer ,choice in ,online ,video     
,act1 the ,commission shall promulgate  
regulations requiring ,internet service 
providers to disclose certain           
information that will assist a consumer 
in making an informed decision about the
 purchase of ,internet service4  7#b7   
,requirements ,the regulations under    
paragraph 7#a7 shall require1 at a      
minimum1 that-- 7,a7 any advertising    
related to ,internet service include    
plain language disclosure of any        
information the ,commission considers   
necessary for a consumer to make an     
informed decision about the purchase of 
that ,internet service2  7,b7 an        
,internet service provider provide a    
plain language disclosure to a consumer 
prior to the purchase of ,internet      
service that includes-- 7i7 the length  
of the contract2  7ii7 the terms of     
renewal2  7iii7 a projected monthly     
bill1 including all fees and costs      

associated with the ,internet service2  
7iv7 if the consumer is receiving       
promotional pricing for service1 a      
projected monthly bill for service once 
that promotional pricing period has     
ended2  7v7 the procedures to cancel the
 ,internet service1 including any       
policies related to early termination   
fees2  7vi7 the average actual data     
transmission speeds1 including both     
upload and download speeds2  7vii7 any  
policies or practices regarding network 
management1 including limiting service  
speeds or prioritizing content2 and     
7viii7 any other information that the   
,commission considers necessary for the 
consumer to make an informed decision   
about the purchase of the ,internet     
service4  7b7 ,special disclosures for  
usage-,based billing  7#a7 ,in general  
,as part of the rulemaking under        
subsection 7a71 the ,commission shall   
promulgate regulations to protect       
consumers in the use of usage-based     
billing by ,internet service providers4 

7#b7 ,plain language disclosure of terms
 and conditions  7,a7 ,in general ,the  
regulations under paragraph 7#a7 shall  
require an ,internet service provider to
 provide a plain language disclosure of 
all terms and conditions associated with
 its use of usage-based billing to a    
consumer prior to the purchase of       
,internet service4  7,b7 ,contents ,the 
plain language disclosure under this    
paragraph shall include-- 7i7 an        
explanation of how usage-based billing  
will be applied to the consumer2  7ii7 a
 complete list of the tiers of service2 
7iii7 comparisons of how much data of   
varying types1 including video          
programming in standard and             
high-definition1 the consumer would be  
able to consume each month under each   
tier2  7iv7 the procedure for providing 
the consumer the notifications under    
paragraph 7#d72  7v7 an explanation of  
the consequences1 if any1 to a consumer 
for exceeding the consumer's data usage 
amount1 including any fees that may be  

charged and any options a consumer may  
have to avoid those fees2  7vi7 if the  
,internet service provider provides a   
tool for a consumer to monitor the      
consumer's data usage1 a description of 
the tool and how to use it2  7vii7 the  
appeals procedure under paragraph 7#e72 
and  7viii7 any other information that  
the ,commission considers necessary to  
protect consumers in the use of         
usage-based billing by ,internet service
 providers4  7#c7 ,monthly disclosure of
 data usage  7,a7 ,data usage ,an       
,internet service provider that uses    
usage-based billing shall provide a     
plain language disclosure to a consumer 
of the consumer's data usage during each
 billing cycle as part of the consumer's
 bill4  7,b7 ,data ,usage ,trends ,an   
,internet service provider that uses    
usage-based billing shall include in the
 consumer's bill information documenting
 the consumer's data usage over the     
prior #f monthly bills or over a period 
beginning on the date that the consumer 

contracted for the ,internet service1   
whichever is shorter4  7#d7             
,notifications  7,a7 ,in ,general ,an   
,internet service provider that uses    
usage-based billing shall provide to a  
consumer notification of the amount of  
data the consumer has remaining at the  
midpoint of a billing cycle1 and at any 
other increments the ,commission finds  
are in the public interest4  7,b7 ,form 
,the ,commission may determine the form 
of the notifications required under this
 paragraph4  7#e7 ,consumer ,appeals    
,each ,internet service provider that   
uses usage-based billing shall establish
 an appeals procedure for a consumer to 
obtain more detailed information about  
the consumer's ,internet data usage and 
to challenge the ,internet service      
provider's determination of that        
consumer's data usage4  7c7             
,truth-in-,billing for ,internet        
,services  7#a7 ,in ,general ,not later 
than #a year after the date of enactment
 of the ,consumer ,choice in ,online    

,video ,act1 the ,commission shall      
update its truth-in-billing rules to    
extend the rules to ,internet service   
providers4  7#b7 ,bundled services ,as  
part of the rulemaking under paragraph  
7#a71 the ,commission shall consider    
whether it is in the public interest to 
establish truth-in-billing rules for    
bundled communications service packages4
  7d7 ,exemption ,the ,commission may   
exempt an ,internet service provider    
serving #bj1jjj or fewer subscribers    
from the requirements of this section4  
7e7 ,special consideration ,the         
,commission may take into account the   
special considerations in an ,internet  
service provider's delivery technology1 
including wireless1 when implementing   
this section4  #gbb4 ,certification of  
data usage monitoring systems  7a7      
,independent certification required     
7#a7 ,in general ,an ,internet service  
provider may not use a data usage       
monitoring system as part of usage-based
 billing unless the data usage          

monitoring system is certified under    
this section4  7#b7 ,development of     
standards ,the ,commission1 after       
consultation with the ,national         
,institute of ,standards and            
,technology1 shall develop standards to 
ensure that a data usage monitoring     
system accurately measures a consumer's 
usage of data4  7#c7 ,certification     
process ,the ,commission may certify a  
data usage monitoring system for use in 
usage-based billing if it determines    
that the data usage monitoring system   
accurately measures consumer data usage 
and is in material compliance with the  
standards under paragraph 7#b74  7#d7   
,permissible delegation ,the ,commission
 may designate #a or more impartial     
third parties to conduct the            
certification of a data usage monitoring
 system under this section4  7b7        
,periodic ,review ,the ,commission shall
 determine how to ensure that an        
,internet service provider's data usage 
monitoring system remains in compliance 

with this section4  7c7 ,definition of  
data usage monitoring system ,in this   
section1 the term data usage monitoring 
system means a system of monitoring and 
calculating the amount of data a user   
has consumed-- 7#a7 while accessing the 
,internet2  7#b7 while using hardware1  
software1 or applications that consume  
data transmitted over the ,internet2 or 
7#c7 while accessing another ,,ip-based 
transmission path provided by an        
,internet service provider or another   
entity4  7d7 ,penalties ,the ,commission
 is authorized to assess penalties      
against any ,internet service provider  
that fails to comply with this section4 
7e7 ,rulemaking  7#a7 ,in general ,the  
,commission shall promulgate regulations
 to implement this section not later    
than #a year after the date of enactment
 of the ,consumer ,choice in ,online    
,video ,act4  7#b7 ,exemption ,the      
regulations under paragraph 7#a7 may    
provide an exemption from the           
regulations for an ,internet service    

provider serving #bj1jjj or fewer       
subscribers4  7#c7 ,special             
considerations ,the ,commission may take
 into account the special considerations
 in an ,internet service provider's     
delivery technology1 including wireless1
 when implementing this section4  4     
,,ii ,online ,video ,distribution       
,alternatives  #bja4 ,protections for   
online video distributors ,title ,,vi of
 the ,communications ,act of #aicd 7#dg 
,u4,s4,c4 #eba et seq47 is amended by   
adding at the end the following3  ,,vi  
,online video distributors  #ffa4       
,definitions ,in this part3 7#a7        
,affiliated with ,for purposes of       
sections #ffc1 #ffd1 and #ffg1 the term 
affiliated with means that the ,internet
 service provider1 multichannel video   
programming distributor1 online video   
distributor1 or video programming       
vendor1 as appropriate1 directly or     
indirectly1 is owned or controlled by1  
owns or controls1 or is under common    
ownership or control with another       

,internet service provider1 multichannel
 video programming distributor1 online  
video distributor1 or video programming 
vendor1 as appropriate4 ,for purposes of
 this paragraph1 the term own means to  
own an equity interest1 or the          
equivalent thereof1 of more than #aj    
percent4  7#b7 ,video programming ,the  
term video programming means programming
 provided by1 or generally considered   
comparable to programming provided by1 a
 television broadcast station1 whether  
or not such programming is delivered    
using a portion of the electromagnetic  
frequency spectrum4  #ffb4 ,enhancement 
of consumer choice in online video ,the 
purposes of this part are-- 7#a7 to     
promote the public interest1            
convenience1 and necessity by increasing
 competition1 innovation1 and diversity 
in the video programming marketplace2   
7#b7 to enhance consumer access to      
online video distribution platforms and 
consumer choice in online video         
programming2 and  7#c7 to increase the  

availability of video programming on all
 platforms1 including ,internet-based   
platforms4  #ffc4 ,development of       
competition and diversity in online     
video distribution  7a7 ,prohibition ,it
 shall be unlawful for a designated     
distributor to engage in unfair methods 
of competition or unfair or deceptive   
acts or practices1 the purpose or effect
 of which are to hinder significantly or
 prevent an online video distributor    
from providing video programming to     
consumers1 including over any platform  
or device capable of delivering that    
online video distributor's content to   
consumers4  7b7 ,regulations  7#a7 ,in  
general ,not later than #a year after   
the date of enactment of the ,consumer  
,choice in ,online ,video ,act1 the     
,commission shall promulgate regulations
 to implement this section4  7#b7       
,minimum ,contents ,at a minimum1 the   
regulations under this section shall--  
7,a7 specify the conduct that           
constitutes a prima facie violation of  

subsection 7a72 and  7,b7 establish     
effective safeguards to prevent a       
designated distributor from-- 7i7 unduly
 or improperly influencing the decision 
of any other entity to make a television
 set or other customer premises         
equipment incompatible with the services
 provided by any online video           
distributor2  7ii7 unduly or improperly 
using its own customer premises         
equipment to discriminate against1 or   
otherwise favor its own services over1  
the service provided by any online video
 distributor2  7iii7 unduly or          
improperly influencing the decision of  
any other entity to sell1 or the prices1
 terms1 and conditions of the sale of1  
video programming to any online video   
distributor2 and  7iv7 providing an     
incentive to any entity in an attempt to
 deny video programming to an online    
video distributor4  7c7 ,exceptions     
7#a7 ,in general ,subject to paragraph  
7#b71 a designated distributor shall not
 be prohibited from-- 7,a7 imposing     

reasonable requirements for             
creditworthiness1 offering of service1  
and financial stability and standards   
regarding character and technical       
quality2  7,b7 establishing different   
prices1 terms1 and conditions to take   
into account economies of scale1 cost   
savings1 or other direct and legitimate 
economic benefits reasonably            
attributable to the number of           
subscribers served by the online video  
distributor2 and  7,c7 imposing         
reasonable requirements to ensure the   
security of the video programming being 
provided to the online video            
distributor1 including means to         
authenticate the right of the           
distributor's subscribers to access the 
programming4  7#b7 ,limitations ,an     
exception under paragraph 7#a7-- 7,a7   
shall be related to the substantial1    
real1 and legitimate business concerns  
of the designated distributor2 and  7,b7
 may not be used in an anticompetitive  
manner4  7d7 ,definition of designated  

distributor  7#a7 ,in general ,in this  
section1 the term designated distributor
 means-- 7,a7 a multichannel video      
programming distributor affiliated with 
an ,internet service provider2  7,b7 an 
online video distributor affiliated with
 an ,internet service provider2 or  7,c7
 a video programming vendor with        
significant market power4  7#b7         
,significant market power ,the          
,commission shall establish rules for   
determining whether a video programming 
vendor has significant market power     
under paragraph 7#a77;,c74  #ffd4       
,access to video programming  7a7       
,prohibitions ,it shall be unlawful for 
a multichannel video programming        
distributor or an online video          
distributor-- 7#a7 to include in a      
contract with any video programming     
vendor a provision that serves as a     
substantial disincentive for the video  
programming vendor to sell its content  
to an online video distributor2  7#b7 to
 use any practice1 understanding1       

arrangement1 or other agreement with a  
video programming vendor that has the   
effect of causing the video programming 
vendor to face a substantial            
disincentive to sell its content to an  
online video distributor2 or  7#c7 to   
enter into a contract with a video      
programming vendor that has the effect  
of preventing an online video           
distributor from making the video       
programming vendor's content available  
on any platform or device capable of    
delivering that distributor's content to
 its subscribers4  7b7 ,contract        
limitations ,a multichannel video       
programming distributor or an online    
video distributor may not include in any
 contract with a video programming      
vendor any provision that requires the  
multichannel video programming          
distributor or online video distributor1
 as applicable1 to be treated in        
material parity with other similarly    
situated multichannel video programming 
distributors or online video            

distributors with regard to pricing or  
other terms and conditions of carriage  
of video programming4  7c7 ,retaliation 
prohibited ,a multichannel video        
programming distributor or an online    
video distributor may not retaliate     
against-- 7#a7 any video programming    
vendor for making its video programming 
available to an online video            
distributor2  7#b7 any online video     
distributor for obtaining video         
programming from a video programming    
vendor2 or  7#c7 any entity for         
exercising a right under this ,act4  7d7
 ,exception ,notwithstanding subsection 
7a7 or any other provision of this part1
 a multichannel video programming       
distributor or an online video          
distributor may enter into an exclusive 
contract with a video programming vendor
 for video programming provided by that 
video programming vendor if the contract
 does not exceed the limits or violate  
the prohibitions under subsection 7e74  
7e7 ,public ,interest ,limitations on   

,exclusive ,contracts  7#a7 ,in ,general
 ,the ,commission shall adopt limits    
on-- 7,a7 the ability of a multichannel 
video programming distributor or an     
online video distributor to enter into  
any contract for video programming that 
includes an exclusivity provision that  
substantially deters the development of 
an online video distribution            
alternative2 and  7,b7 the ability of an
 online video distributor to enter into 
any contract for video programming that 
includes an exclusivity provision that  
substantially deters the development of 
an online video distribution            
alternative4  7#b7 ,prohibited contracts
 ,the ,commission shall prohibit-- 7,a7 
a multichannel video programming        
distributor from entering into an       
exclusive contract with a video         
programming vendor that is affiliated   
with the multichannel video programming 
distributor2 and  7,b7 an online video  
distributor from entering into an       
exclusive contract with a video         

programming vendor that is affiliated   
with the online video distributor4  7#c7
 ,limitations on other exclusive        
contracts for video programming  7,a7   
,in general ,the ,commission shall      
establish criteria for determining      
whether an exclusive contract for       
programming substantially deters the    
development of an online video          
distribution alternative4  7,b7         
,considerations ,in establishing the    
criteria under subparagraph 7,a71 the   
,commission shall consider the totality 
of the circumstances surrounding the    
contract1 including-- 7i7 the duration  
of the exclusivity period2  7ii7 the    
effect of the exclusive contract on     
capital investment in the production and
 distribution of video programming2     
7iii7 the time period after initial     
first-day distribution of video         
programming to consumers when the       
multichannel video programming          
distributor or the online video         
distributor is granted exclusive access 

to distribute the programming2 and  7iv7
 the likelihood that the exclusive      
contract will enhance diversity in      
programming on video distribution       
platforms4  7f7 ,online ,distribution of
 ,content by a ,video ,programming      
,vendor  7#a7 ,in general ,a            
multichannel video programming          
distributor or an online video          
distributor may not enter into an       
agreement that limits or prohibits a    
video programming vendor from making its
 video content available to consumers   
free over the ,internet4  7#b7          
,exception ,the prohibition under       
paragraph 7#a7 shall not apply if the   
duration of the agreement is #cj days or
 less4  7g7 ,prices1 terms1 and         
conditions for programming ,a video     
programming vendor may establish        
different prices1 terms1 and conditions 
for its video programming if1 taking    
into account economies of scale1 cost   
savings1 or other direct and legitimate 
economic benefits that are reasonably   

attributable to the number of           
subscribers served by an online video   
distributor1 the prices1 terms1 and     
conditions-- 7#a7 are related to        
substantial1 real1 and legitimate       
business concerns of the video          
programming vendor2 and  7#b7 are not   
used in an anticompetitive manner4  7h7 
,regulations  7#a7 ,in general ,not     
later than #a year after the date of    
enactment of the ,consumer ,choice in   
,online ,video ,act1 the ,commission    
shall promulgate regulations to specify 
particular conduct that is prohibited by
 this section4  7#b7 ,minimum contents  
,the regulations under this section     
shall establish1 at a minimum-- 7,a7    
effective safeguards to prevent any     
activity prohibited by this section2 and
  7,b7 complaint and contract review    
procedures to facilitate the            
,commission's ability to determine if a 
multichannel video programming          
distributor1 a video programming vendor1
 or an online video distributor has     

violated this section4  7i7 ,existing   
contracts  7#a7 ,in general ,subject to 
paragraph 7#b71 nothing in this section 
shall affect any contract1              
understanding1 or arrangement that was  
entered into on or before ,december #a1 
#bjac4  7#b7 ,exceptions ,no contract1  
understanding1 or arrangement entered   
into on or before ,december #a1 #bjac1  
that violates this section shall be     
enforceable by any person after the date
 that is #c years after the date of     
enactment of the ,consumer ,choice in   
,online ,video ,act4  7#c7 ,limitation  
on renewals ,a contract1 understanding1 
or arrangement that was entered into on 
or before ,december #a1 #bjac1 but that 
is renewed or extended after the date of
 enactment of the ,consumer ,choice in  
,online ,video ,act shall not be exempt 
under paragraph 7#a74  #ffe4 ,fostering 
access to video programming  7a7 ,in    
general ,not later than #a year after   
the date of enactment of the ,consumer  
,choice in ,online ,video ,act1 the     

,commission shall commence a proceeding 
to determine the additional steps it    
should take1 in the public interest1 to 
foster the ability of online video      
distributors to gain access to video    
programming1 offer innovative services1 
and compete with multichannel video     
programming distributors4  7b7          
,limitation ,the ,commission shall not  
compel a video programming vendor to    
sell its video programming to an online 
video distributor as part of any rules  
adopted under this section4  #fff4      
,broadcast television licensees and     
television networks  7a7 ,duty ,to      
,negotiate ,it shall be unlawful for a  
broadcast television licensee or        
television network-- 7#a7 to refuse to  
negotiate with an online video          
distributor for carriage of the         
broadcast television licensee's or the  
television network's content1 as        
applicable2 or  7#b7 to place any       
restriction on an online video          
distributor's ability to make the       

broadcast television licensee's or the  
television network's content1 as        
applicable1 available on any platform or
 device that is capable of delivering   
the online video distributor's content  
to its subscribers4  7b7 ,refusal ,to   
negotiate2 ,commission determination    
,the ,commission shall determine what   
constitutes a refusal to negotiate under
 subsection 7a74 ,the ,commission may   
require a broadcast television licensee 
or television network to engage in good 
faith negotiations with an online video 
distributor4 ,the ,commission shall     
define good faith for purposes of this  
subsection4  7c7 ,online ,retransmission
 of ,in-,market ,broadcast ,signals     
7#a7 ,signal parity  7,a7 ,in general   
,it shall be unlawful for a broadcast   
television licensee to provide an       
over-the-air signal that differs from a 
retransmission of that signal provided  
to a multichannel video programming     
distributor or an online video          
distributor4  7,b7 ,exception           

,subparagraph 7,a7 shall not apply if-- 
7i7 the variation in the #b signals     
consists of a change to #a or more      
commercial advertisements of not more   
than #fj seconds in duration embedded in
 a broadcast television licensee's      
signal2 and  7ii7 the broadcast         
television licensee is not using the    
variation under clause 7i7 to increase  
the overall amount of advertising time  
in its over-the-air signal4  7#b7       
,antenna rental services  7,a7 ,in      
general ,notwithstanding any other      
provision of this ,act1 except          
subparagraph 7,c71 an entity may rent to
 a consumer access to an individual     
antenna to view over-the-air broadcast  
television signals transmitted from that
 antenna-- 7i7 directly to the consumer 
over the ,internet or another ,,ip-based
 transmission path2 or  7ii7 to an      
individual data storage system1         
including an online remote data storage 
system1 for recording and then made     
accessible to that consumer through the 

,internet or another ,,ip-based         
transmission path4  7,b7 ,retransmission
 consent fees ,an antenna rental service
 described under subparagraph 7,a7 shall
 be exempt from paying retransmission   
consent fees under section #cbe of this 
,act to any broadcast television station
 whose signal is received by the        
individual antenna and retransmitted to 
the subscriber4  7,c7 ,conditions of    
rental services ,an antenna rental      
service described under subparagraph    
7,a7 shall-- 7i7 only provide a         
subscriber with access to over-the-air  
broadcast television signals received by
 an individual antenna located in the   
same designated market area 7as defined 
in section #fga of this ,act7 in which  
that subscriber resides2 and  7ii7 make 
available to a subscriber all           
over-the-air broadcast signals that are 
received by the individual antenna      
rented by that subscriber1 unless a     
signal is of such poor quality that it  
cannot be transmitted to the consumer in

 a reasonably viewable form4  7d7       
,limits in ,existing ,programming and   
,affiliation ,contracts  7#a7 ,in       
general ,it shall be unlawful for any   
entity selling or otherwise providing   
video programming to be transmitted by a
 broadcast television licensee or       
television network to include in any    
contract1 agreement1 understanding1 or  
arrangement with that licensee or       
network a limitation on the ability of  
that licensee or network to comply with 
the requirements of this section4  7#b7 
,existing contracts  7,a7 ,in general   
,subject to subparagraph 7,b71 nothing  
in this section shall affect any        
contract1 understanding1 or arrangement 
that was entered into on or before      
,december #a1 #bjac4  7,b7 ,exceptions  
,no contract1 understanding1 or         
arrangement entered into on or before   
,december #a1 #bjac1 that violates this 
section shall be enforceable by any     
person after the date that is #c years  
after the date of enactment of the      

,consumer ,choice in ,online ,video     
,act4  7,c7 ,limitation on renewals ,a  
contract1 understanding1 or arrangement 
that was entered into on or before      
,december #a1 #bjac1 but that is renewed
 or extended after the date of enactment
 of the ,consumer ,choice in ,online    
,video ,act shall not be exempt under   
subparagraph 7,a74  7e7 ,regulations    
,not later than #a year after the date  
of enactment of the ,consumer ,choice in
 ,online ,video ,act1 the ,commission   
shall promulgate regulations to         
implement this section4 ,the ,commission
 shall not compel a broadcast television
 licensee or television network to sell 
its video programming to an online video
 distributor as part of any rules       
adopted under this section4  #ffg4      
,consumer access to content  7a7 ,in    
,general ,it shall be unlawful for a    
designated ,internet service provider to
 engage in unfair methods of competition
 or unfair or deceptive acts or         
practices1 the purpose or effect of     

which are to hinder significantly or to 
prevent an online video distributor from
 providing video programming to a       
consumer4  7b7 ,regulations ,not later  
than #a year after the date of enactment
 of the ,consumer ,choice in ,online    
,video ,act1 the ,commission shall      
promulgate regulations to specify       
particular conduct that is prohibited by
 subsection 7a74 ,the ,commission's     
regulations under this section shall    
ensure1 at a minimum1 that a designated 
,internet service provider does not--   
7#a7 block1 degrade1 or otherwise impair
 any content provided by an online video
 distributor2  7#b7 unreasonably        
discriminate in transmitting the content
 of an unaffiliated online video        
distributor over the designated         
,internet service provider's network2   
7#c7 provide benefits in the            
transmission of the video content of any
 company affiliated with the ,internet  
service provider through specialized    
services or other means1 or otherwise   

leverage its ownership of the physical  
delivery architecture to benefit that   
affiliated company in a way that has the
 effect of harming competition from an  
unaffiliated online video distributor2  
or  7#d7 use billing systems1 such as   
usage-based billing1 in a way that      
deters competition from unaffiliated    
online video distributors that may be in
 competition with the ,internet service 
provider's or its affiliate's services4 
7c7 ,definition of designated ,internet 
service provider ,in this section1 the  
term designated ,internet service       
provider means an ,internet service     
provider that is affiliated with a      
multichannel video programming          
distributor1 an online video            
distributor1 or a video programming     
vendor4  #ffh4 ,blocking consumer access
 to online video programming  7a7 ,in   
general ,no video programming vendor    
that has made available its video       
programming to consumers online may     
restrict access to that online video    

programming for a subscriber of a       
multichannel video programming          
distributor or its affiliate1 or an     
online video distributor or its         
affiliate1 during the time that vendor  
is involved in a dispute with such      
distributor4  7b7 ,exception  7#a7 ,in  
general ,if a video programming vendor  
requires a consumer to purchase access  
to its online video programming through 
a contract with a multichannel video    
programming distributor or an online    
video distributor then that vendor may  
restrict access to that online video    
programming during the time that the    
vendor is involved in a dispute with    
that distributor4  7#b7 ,limitation ,the
 exception under this subsection shall  
apply only to a subscriber to video     
services provided by a multichannel     
video programming distributor or an     
online video distributor involved in the
 dispute and not to a subscriber to any 
other service provided by that          
distributor or its affiliate4  7c7      

,remedies  7#a7 ,in general ,any entity 
that is aggrieved by a violation of this
 section may bring a civil action in a  
,united ,states district court or in any
 other court of competent jurisdiction4 
7#b7 ,authority ,the court may-- 7,a7   
grant a temporary or final injunction on
 such terms as it may deem reasonable to
 prevent or restrain violations of this 
section2  7,b7 award any damages it     
deems appropriate2 and  7,c7 direct the 
recovery of full costs1 including       
awarding reasonable attorneys' fees to  
an aggrieved party who prevails4  7d7   
,definitions ,in this section3 7#a7     
,available online ,the term available   
online means both available over the    
,internet and through applications1     
software1 or other similar services on a
 mobile device4  7#b7 ,dispute ,the term
 dispute includes-- 7,a7 a dispute over 
carriage of the programming provided by 
a video programming vendor to a         
multichannel video programming          
distributor or online video distributor2

 and  7,b7 a dispute over carriage of   
the programming provided by a television
 licensee or television network under   
section #cbe7;b7 of this ,act4  7#c7    
,entity that is aggrieved ,the term     
entity that is aggrieved includes-- 7,a7
 a consumer whose access to online video
 programming has been restricted in     
violation of this section2 and  7,b7 a  
multichannel video programming          
distributor or its affiliate1 or an     
online video distributor or its         
affiliate1 that has had a subscriber's  
access to online video programming      
restricted in violation of this section4
  #ffi4 ,remedies and adjudications  7a7
 ,adjudicatory ,proceedings ,any online 
video distributor aggrieved by conduct  
that it alleges constitutes a violation 
of this part1 or the regulations of the 
,commission under this part1 may        
commence an adjudicatory proceeding at  
the ,commission4  7b7 ,remedies  7#a7   
,remedies authorized  7,a7 ,interim     
remedies ,the ,commission may authorize 

interim remedies during the pendency of 
a complaint4  7,b7 ,appropriate remedies
 ,upon completion of an adjudicatory    
proceeding under this section1 the      
,commission shall have the power to     
order appropriate remedies1 including1  
if necessary1 the power to establish    
prices1 terms1 and conditions of sale of
 programming to the aggrieved online    
video distributor4  7#b7 ,additional    
remedies ,the remedies provided in      
paragraph 7#a7 are in addition to and   
not in lieu of the remedies available   
under title ,v or any other provision of
 this ,act4  7c7 ,procedures ,in        
promulgating regulations to implement   
this part1 the ,commission shall-- 7#a7 
provide for an expedited review of any  
complaint made under this part1         
including a procedural timeline to      
conclude the review of each complaint   
not later than #ahj days after the date 
the complaint is filed2  7#b7 establish 
procedures for the ,commission to       
collect any data1 including the right to

 obtain copies of all contracts and     
documents reflecting any practice1      
understanding1 arrangement1 or agreement
 alleged to violate this part1 as the   
,commission requires to carry out this  
part2 and  7#c7 provide for penalties to
 be assessed against any person filing a
 frivolous complaint under this part4  4
  #bjb4 ,federal ,communications        
,commission report on peering  7a7 ,in  
,general ,the ,commission shall study-- 
7#a7 the status of peering1 transit1 and
 interconnection agreements related to  
the transport and delivery of content   
over the ,internet and other ,,ip-based 
transmission paths2 and  7#b7 what      
impact the agreements under paragraph   
7#a7 or disputes about the agreements   
under paragraph 7#a7 have on consumers  
and competition with respect to online  
video4  7b7 ,report ,not later than #c  
years after the date of enactment of    
this ,act1 the ,commission shall report 
the findings of the study under         
subsection 7a7 to the ,committee on     

,commerce1 ,science1 and ,transportation
 of the ,senate and the ,committee on   
,energy and ,commerce of the ,house of  
,representatives4  ,,iii ,non-facilities
 based multichannel video programming   
distributors  #cja4 ,non-facilities     
based multichannel video programming    
distributors ,title ,,vi of the         
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #eba et seq471 as amended by  
title ,,ii of this ,act1 is further     
amended by adding at the end the        
following3  ,,vii ,non-facilities based 
multichannel video programming          
distributors  #fga4 ,definitions ,in    
this part3 7#a7 ,designated market area 
,the term designated market area means a
 designated market area as determined by
 ,nielsen ,media ,research or by any    
successor system of dividing broadcast  
television licensees into local markets 
that the ,commission determines is      
equivalent to the designated market area
 system created by ,nielsen ,media      
,research4  7#b7 ,local commercial      

television station ,the term local      
commercial television station means1    
with respect to a subscriber to a       
non-facilities based multichannel video 
programming distributor1 any full power 
commercial television station licensed  
and operating on a channel regularly    
assigned to a community in the same     
designated market area as the           
subscriber4  7#c7 ,local noncommercial  
educational television station ,the term
 local noncommercial educational        
television station means1 with respect  
to a subscriber to a non-facilities     
based multichannel video programming    
distributor1 a television broadcast     
station that is a noncommercial         
educational broadcast station 7as       
defined in section #cig of this ,act71  
licensed and operating on a channel     
regularly assigned to a community in the
 same designated market area as the     
subscriber4  7#d7 ,non-local commercial 
television station ,the term non-local  
commercial television station means1    

with respect to a subscriber to a       
non-facilities based multichannel video 
programming distributor1 any full power 
commercial television station licensed  
and operating on a channel regularly    
assigned to a community not located in  
the same designated market area as the  
subscriber4  7#e7 ,video programming    
,the term video programming means       
programming provided by1 or generally   
considered comparable to programming    
provided by1 a television broadcast     
station1 whether or not such programming
 is delivered using a portion of the    
electromagnetic frequency spectrum4     
#fgb4 ,right to elect status  7a7 ,in   
,general ,any online video distributor  
that provides programming in a manner   
reasonably equivalent to a multichannel 
video programming distributor may elect 
to be treated as a non-facilities based 
multichannel video programming          
distributor under this part4  7b7       
,procedure for ,election ,not later than
 #a year after the date of enactment of 

the ,consumer ,choice in ,online ,video 
,act1 the ,commission shall establish   
the form and procedures for an online   
video distributor to make the election  
permitted under subsection 7a74  7c7    
,definition of ,reasonably ,equivalent  
,for purposes of this section1 the term 
reasonably equivalent-- 7#a7 means      
providing multiple channels of video    
programming that allow a subscriber to  
watch that programming in a fashion     
comparable to the services provided by  
multichannel video programming          
distributors1 regardless of the means   
used to transmit the multiple channels  
of video programming2  7#b7 shall be    
based upon the subscriber experience in 
using the service provided by the online
 video distributor1 and not the         
underlying technology used by the online
 video distributor2 and  7#c7 may       
include services that include the       
ability for a subscriber to record video
 programming and watch recorded         
programming at another time if the      

underlying video programming service    
being recorded conforms to this         
subsection4  #fgc4 ,effect of election  
,any online video distributor that      
elects to be treated as a non-facilities
 based multichannel video programming   
distributor under section #fgb shall    
have all of the rights and              
responsibilities under this part4  #fgd4
 ,federal ,communications ,commission   
proceeding  7a7 ,in general ,not later  
than #a year after the date of enactment
 of the ,consumer ,choice in ,online    
,video ,act1 the ,commission shall--    
7#a7 determine whether any of its rules 
and regulations applicable to a         
multichannel video programming          
distributor shall also be applied1 in   
the public interest1 to a non-facilities
 based multichannel video programming   
distributor2  7#b7 require a            
non-facilities based multichannel video 
programming distributor to comply with  
the access to broadcast time requirement
 under section #cab7;a77#g7 of this ,act

 and the use of facilities requirements 
under section #cae of this ,act2  7#c7  
consider whether it is in the public    
interest for the ,commission to adopt   
minimum technical quality standards for 
a non-facilities based multichannel     
video programming distributor2 and  7#d7
 adopt any other rules the ,commission  
considers necessary to implement this   
part4  7b7 ,limitation ,the ,commission 
shall not require1 as part of its       
rulemaking under subsection 7a71 a      
non-facilities based multichannel video 
programming distributor to comply with  
the basic tier and tier buy-through     
requirement under section #fbc7;b77#g74 
#fge4 ,program access for non-facilities
 based multichannel video programming   
distributors  7a7 ,in ,general ,the     
,commission shall prohibit practices1   
understandings1 arrangements1 and       
activities1 including any exclusive     
contract for video programming between a
 multichannel video programming         
distributor and a video programming     

vendor or an online video distributor   
and a video programming vendor that     
prevents a non-facilities based         
multichannel video programming          
distributor from obtaining programming  
from any video programming vendor4  7b7 
,specific ,actions ,prohibited  7#a7    
,material parity restrictions ,a        
multichannel video programming          
distributor or an online video          
distributor may not include in any      
contract with a video programming vendor
 any provision that requires the        
multichannel video programming          
distributor or online video distributor1
 as applicable1 to be treated in        
material parity with other similarly    
situated multichannel video programming 
distributors or online video            
distributors with regard to pricing or  
other terms and conditions of carriage  
of video programming4  7#b7 ,retaliation
 prohibited ,a multichannel video       
programming distributor or an online    
video distributor may not retaliate     

against-- 7,a7 any video programming    
vendor for making its video programming 
available to a non-facilities based     
multichannel video programming          
distributor2  7,b7 any non-facilities   
based multichannel video programming    
distributor for obtaining video         
programming from a video programming    
vendor2 or  7,c7 any entity for         
exercising a right under this ,act4     
#fgf4 ,consumer choice in video         
programming  7a7 ,in general ,as part of
 the rulemaking required by section     
#fgd1 the ,commission shall determine   
what1 if any1 additional steps it should
 take1 in the public interest1 to allow 
a non-facilities based multichannel     
video programming vendor to offer a     
subscriber greater choice over the video
 programming that is part of the        
subscriber's service4  7b7              
,considerations ,as part of the         
proceeding under subsection 7a71 the    
,commission shall consider whether to   
limit a video programming vendor's use  

of certain contractual terms and        
conditions that disincentivize or impede
 the ability of a subscriber to have    
greater choice over the video           
programming packages or options the     
subscriber can purchase from a          
non-facilities based multichannel video 
programming vendor4  7c7 ,limitation    
,the ,commission shall not compel a     
video programming vendor to sell its    
video programming to a non-facilities   
based multichannel video programming    
vendor as part of any rules adopted     
under this section4  #fgg4 ,carriage of 
commercial broadcast television signals 
7a7 ,in-,market ,broadcast ,television  
,signals  7#a7 ,in general ,at the      
request of a non-facilities based       
multichannel video programming          
distributor serving a designated market 
area1 a local commercial television     
broadcast station located in that       
designated market area shall enter into 
negotiations for carriage of its content
 over that distributor's system4  7#b7  

,good faith requirements ,a local       
commercial television station subject to
 the duty to negotiate under paragraph  
7#a7 shall engage in good faith         
negotiations for carriage of its signal 
in the designated marketed area where   
the station is located4 ,the ,commission
 shall define good faith for purposes of
 this paragraph4  7#c7 ,good signal     
requirements ,a local commercial        
television broadcast station being      
carried by a non-facilities based       
multichannel video programming          
distributor under this subsection shall 
be responsible for delivering a good    
quality signal suitable for distribution
 by that distributor4  7b7              
,out-of-,market ,broadcast ,television  
,signals  7#a7 ,in general ,in addition 
to any signal carried under subsection  
7a71 a non-facilities based multichannel
 video programming distributor also may 
deliver to a subscriber the signal of a 
non-local commercial broadcast          
television station under this subsection

 and subsection 7c74  7#b7 ,deemed      
significantly viewed  7,a7 ,in general  
,a signal of a non-local commercial     
broadcast television station delivered  
by a non-facilities based multichannel  
video programming distributor under this
 section shall be deemed to be          
significantly viewed within the meaning 
of section #gf4ed of title #dg1 ,code of
 ,federal ,regulations4  7,b7           
,exemptions ,the following regulations  
shall not apply to a signal that is     
eligible to be carried under this       
subsection3 7i7 ,section #gf4ib of title
 #dg1 ,code of ,federal ,regulations    
7relating to cable network              
non-duplication74  7ii7 ,section #gf4abb
 of title #dg1 ,code of ,federal        
,regulations 7relating to satellite     
network non-duplication74  7iii7        
,section #gf4aja of title #dg1 ,code of 
,federal ,regulations 7relating to cable
 syndicated program exclusivity74  7iv7 
,section #gf4abc of title #dg1 ,code of 
,federal ,regulations 7relating to      

satellite syndicated program            
exclusivity74  7v7 ,section #gf4aaa of  
title #dg1 ,code of ,federal            
,regulations 7relating to cable sports  
blackout74  7vi7 ,section #gf4abg of    
title #dg1 ,code of ,federal            
,regulations 7relating to satellite     
sports blackout74  7#c7 ,subscriber     
preference ,in delivering a non-local   
commercial broadcast television station 
signal to a subscriber under this       
subsection1 and consistent with         
subsection 7c7-- 7,a7 the non-facilities
 based multichannel video programming   
distributor shall provide the subscriber
 with information regarding all signals 
that the distributor is capable of      
making available to the subscriber under
 this subsection2  7,b7 the             
non-facilities based multichannel video 
programming distributor shall offer a   
subscriber the option to choose each    
non-local commercial television station 
signal the subscriber wants to receive  
as part of the subscriber's service2 and

  7,c7 if a subscriber does not make a  
choice under subparagraph 7,b71 the     
non-facilities based multichannel video 
programming distributor shall take      
reasonable steps to deliver to the      
subscriber the signal of each non-local 
commercial television station that is   
closest in proximity4  7#d7 ,definition 
of closest in proximity  7,a7 ,in       
general ,for purposes of paragraph 7#c71
 the term closest in proximity means the
 non-local commercial television station
 whose community of license is the      
closest in distance to the subscriber's 
place of residence4  7,b7 ,inclusions   
,for purposes of paragraph 7#c71 the    
term closest in proximity includes a    
non-local commercial television station 
located in a ,state other than the      
,state of the subscriber's place of     
residence4  7c7 ,subscriber ,rights     
7#a7 ,in general ,notwithstanding any   
other provision of law1 a subscriber to 
a non-facilities based multichannel     
video programming distributor shall be  

entitled to receive programming from not
 more than #b commercial television     
stations that are affiliates of the same
 television network and not more than #a
 of the affiliates may be located in a  
designated market area where the        
subscriber does not reside4  7#b7 ,local
 signal not required ,a non-facilities  
based multichannel video programming    
distributor shall not be required to    
carry the signal of a local commercial  
television station under subsection 7a7 
as a condition to carrying and          
delivering to a consumer a non-local    
commercial broadcast television signal  
under subsection 7b74  7#c7 ,mobile     
platforms ,a subscriber shall have the  
right to view any commercial television 
station signal provided to that         
subscriber under this section at any    
time and on any device1 including a     
mobile device and any other device not  
permanently located in the subscriber's 
place of residence1 that a              
non-facilities based multichannel video 

programming distributor has made capable
 of delivering the distributor's service
 to that subscriber4  7d7 ,limits in    
,existing ,programming and ,affiliation 
,contracts  7#a7 ,in general ,it shall  
be unlawful for any entity selling or   
otherwise providing video programming to
 be transmitted by a local or non-local 
commercial television station to include
 in any contract1 agreement1            
understanding1 or arrangement with that 
station a limitation on the ability of  
the station to comply with the          
requirements of this section4  7#b7     
,existing contracts  7,a7 ,in general   
,subject to subparagraph 7,b71 nothing  
in this section shall affect any        
contract1 understanding1 or arrangement 
that was entered into on or before      
,december #a1 #bjac4  7,b7 ,exceptions  
,no contract1 understanding1 or         
arrangement entered into on or before   
,december #a1 #bjac1 that violates this 
section shall be enforceable by any     
person after the date that is #c years  

after the date of enactment of the      
,consumer ,choice in ,online ,video     
,act4  7,c7 ,limitation on renewals ,a  
contract1 understanding1 or arrangement 
that was entered into on or before      
,december #a1 #bjac1 but that is renewed
 or extended after the date of enactment
 of the ,consumer ,choice in ,online    
,video ,act shall not be exempt under   
subparagraph 7,a74  #fgh4 ,carriage of  
noncommercial1 educational1 and         
informational programming  7a7 ,local   
noncommercial educational television    
stations  7#a7 ,in general ,if a        
non-facilities based multichannel video 
programming distributor elects to carry 
a local commercial broadcast television 
signal under section #fgg7;a71 that     
non-facilities based multichannel video 
programming distributor shall carry1    
upon request1 the signal of a local     
noncommercial educational television    
station located in the same designated  
market area of the local commercial     
television broadcast station being      

carried under that section4  7#b7       
,carriage only in local market  7,a7 ,in
 general ,a local noncommercial         
educational television station shall be 
entitled to carriage only in the        
designated market area to which that    
station is assigned4  7,b7 ,systems of  
noncommercial educational broadcast     
stations ,in the case of a system of #c 
or more noncommercial educational       
broadcast stations licensed to a single 
,state1 public agency1 or political1    
educational1 or special purpose         
subdivision of a ,state1 the carriage   
right under this subsection shall apply 
to any designated market area in the    
,state where that system is located4    
7#c7 ,good signal requirements ,a local 
noncommercial educational television    
station that requests to be carried by a
 non-facilities based multichannel video
 programming distributor under paragraph
 7#a7 shall be responsible for          
delivering a good quality signal        
suitable for distribution by that       

distributor4  7b7 ,channel reservation  
requirements  7#a7 ,in general ,the     
,commission shall require a             
non-facilities based multichannel video 
programming distributor to reserve a    
portion of its channel capacity1 equal  
to not less than #c4e percent or not    
more than #g percent1 exclusively for   
noncommercial programming of an         
educational or informational nature4    
7#b7 ,use of unused channel capacity ,a 
non-facilities based multichannel video 
programming distributor may use for any 
purpose any unused channel capacity     
required to be reserved under this      
subsection pending the actual use of    
that channel capacity for noncommercial 
programming of an educational or        
informational nature4  7#c7 ,prices1    
terms1 and conditions ,a non-facilities 
based multichannel video programming    
distributor shall meet the requirements 
of this subsection by making channel    
capacity available to each national     
educational programming supplier1 upon  

reasonable prices1 terms1 and           
conditions1 as determined by the        
,commission under paragraph 7#e74  7#d7 
,editorial control ,a non-facilities    
based multichannel video programming    
distributor may not exercise any        
editorial control over any video        
programming provided under this         
subsection4  7#e7 ,limitations ,in      
determining reasonable prices under     
paragraph 7#c7-- 7,a7 the ,commission1  
among other considerations1 shall       
consider the nonprofit character of the 
programming provider and any ,federal   
funds used to support that programming2 
7,b7 the ,commission shall not permit   
the prices to exceed1 for any channel   
capacity made available under this      
subsection1 #ej percent of the total    
direct costs of making the channel      
capacity available2 and  7,c7 in the    
calculation of total direct costs1 the  
,commission shall exclude-- 7i7 the     
marketing costs1 general administrative 
costs1 and similar overhead costs of the

 non-facilities based multichannel video
 programming distributor2 and  7ii7 the 
revenue that the non-facilities based   
multichannel video programming          
distributor might have obtained by      
making that channel capacity available  
to a video programming vendor4  7#f7    
,definition of channel capacity ,in this
 section1 the term channel capacity     
means the total number of channels of   
video programming provided to a         
subscriber by the non-facilities based  
multichannel video programming          
distributor1 without regard to whether  
that non-facilities based multichannel  
video programming distributor uses a    
portion of the electromagnetic frequency
 spectrum to deliver that channel of    
video programming4  #fgi4 ,licensing    
7a7 ,in ,general ,a non-facilities based
 multichannel video programming         
distributor that is carrying any        
broadcast television station signal     
under section #fgg or section #fgh      
shall-- 7#a7 be considered to be a cable

 system under section #aaa of title #ag1
 ,united ,states ,code2 and  7#b7 be    
subject to-- 7,a7 the statutory         
licensing requirements set forth in     
sections #aaa7;c7 and #aaa7;e7 of that  
title2  7,b7 payment of the fees        
required by section #aaa7;d7 of that    
title2 and  7,c7 the penalties under    
section #aaa of that title for failure  
to pay the fees required by that        
section4  7b7 ,local service area of a  
primary transmitter ,for purposes of the
 application of section #aaa of title   
#ag1 ,united ,states ,code1 to a        
non-facilities based multichannel video 
programming distributor under this      
section-- 7#a7 a local commercial       
television station's local service area 
of a primary transmitter shall consist  
of the entirety of that station's       
designated market area2 and  7#b7 a     
local noncommercial educational         
television station's local service area 
of a primary transmitter shall consist  
of the entirety of that station's       

designated market area4  #fhj4          
,exclusion from franchise requirements  
,a non-facilities based multichannel    
video programming distributor shall not 
be subject to local franchising         
requirements under section #fba of this 
,act or otherwise be regulated by any   
franchising authority4  #fha4 ,privacy  
protections  7a7 ,in general ,a         
non-facilities based multichannel video 
programming distributor shall comply    
with the privacy protections applicable 
to satellite services as set forth in   
section #cch7;i7 of this ,act and the   
,commission's regulations under that    
section4  7b7 ,penalties ,any           
non-facilities based multichannel video 
programming distributor that fails to   
comply with the provisions under section
 #cch7;i7 of this ,act1 and the         
,commission's regulations under that    
section1 shall be subject to the        
penalties set forth in section          
#cch7;i77#g7 of this ,act4  #fhb4       
,consumer equipment ,not later than #a  

year after the date of enactment of the 
,consumer ,choice in ,online ,video     
,act1 the ,commission shall commence a  
proceeding to consider whether to adopt 
rules-- 7#a7 to establish standards to  
ensure that services and platforms      
provided by a non-facilities based      
multichannel video programming          
distributor can interconnect and        
interface with-- 7,a7 any               
,internet-capable television and        
television receiver2 and  7,b7 any other
 ,internet-capable consumer electronics 
equipment that facilitates the viewing  
of video programming on a television    
receiver2 and  7#b7 to promote the      
commercial availability of other devices
 that will permit a consumer to access  
non-facilities based multichannel video 
programming distribution services and   
platforms over equipment of the         
consumer's choice4  #fhc4 ,effective    
competition standard ,the number of     
households subscribing to a             
non-facilities based multichannel video 

programming distributor in a franchise  
area under this part shall not be       
considered for purposes of a            
determination by the ,commission of     
whether a cable system is subject to    
effective competition in that franchise 
area under section #fbc of this ,act4   
#fhd4 ,remedies and adjudications  7a7  
,adjudicatory proceedings ,any entity   
aggrieved by conduct that it alleges    
constitutes a violation of this part1 or
 the regulations of the ,commission     
under this part1 may commence an        
adjudicatory proceeding at the          
,commission4  7b7 ,remedies  7#a7       
,remedies authorized  7,a7 ,interim     
remedies ,the ,commission may authorize 
interim remedies during the pendency of 
a complaint4  7,b7 ,appropriate remedies
 ,upon completion of an adjudicatory    
proceeding under this section1 the      
,commission shall have the power to     
order appropriate remedies1 including1  
if necessary1 the power to establish    
prices1 terms1 and conditions of sale of

 programming to1 or prices1 terms1 and  
conditions of the transport of the      
content of1 the aggrieved entity4  7#b7 
,additional remedies ,the remedies      
provided in paragraph 7#a7 are in       
addition to and not in lieu of the      
remedies available under title ,v or any
 other provision of this ,act4  7c7     
,procedures ,in promulgating regulations
 to implement this part1 the ,commission
 shall-- 7#a7 provide for an expedited  
review of any complaint made under this 
part1 including a procedural timeline to
 conclude the review of each complaint  
not later than #ahj days after the date 
the complaint is filed2  7#b7 establish 
procedures for the ,commission to       
collect any data1 including the right to
 obtain copies of all contracts and     
documents reflecting any practice1      
understanding1 arrangement1 or agreement
 alleged to violate this part1 as the   
,commission requires to carry out this  
part2 and  7#c7 provide for penalties to
 be assessed against any person filing a

 frivolous complaint under this part4  4
  ,,iv ,miscellaneous  #dja4 ,technical 
and conforming amendments ,section      
#fjb7bj7 of title ,,vi of the           
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #ebb7bj77 is amended by       
inserting unless expressly provided     
otherwise1 before the term video        
programming means4  #djb4 ,provisions as
 complementary ,the provisions of this  
,act are in addition to1 and shall not  
affect the operation of1 other ,federal1
 ,state1 or local laws or regulations   
regulating billing for ,internet        
service1 online video distribution1 or  
non-facilities based multichannel video 
programming distributors1 except if the 
provisions of any other law are         
inconsistent with the provisions of this
 ,act1 the provisions of this ,act shall
 be controlling4  #djc4 ,applicability  
of antitrust laws ,nothing in this ,act 
or the amendments made by this ,act     
shall be construed to alter or restrict 
in any manner the applicability of any  

,federal or ,state antitrust law4  #djd4
 ,severability ,if any provision of this
 ,act1 an amendment made by this ,act1  
or the application of such provision or 
amendment to any person or circumstance 
is held invalid1 the remainder of this  
,act1 the amendments made by this ,act1 
and the application of such provision or
 amendment to any person or circumstance
 shall not be affected thereby4