,,ii #aacth ,,congress #b;d ,session ,s4 #bgii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aa1 #bjad ,mr4 ,rockefeller 7for himself and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to extend the authority of satellite carriers to retransmit certain television broadcast station signals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,satellite ,television ,access and ,viewer ,rights ,act4 #b4 ,references to ,communications ,act of #aicd ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 ,i ,satellite television #aja4 ,extension of authority ,section #cbe7;b7 7#dg ,u4,s4,c4 #cbe7;b77 is amended-- 7#a7 in paragraph 7#b77;,c71 by striking ,december #ca1 #bjad and inserting ,december #ca1 #bjai2 and 7#b7 in paragraph 7#c77;,c71 by striking ,january #a1 #bjae each place it appears and inserting ,january #a1 #bjbj4 #ajb4 ,modification of television markets to further consumer access to relevant television programming 7a7 ,in general ,section #cch 7#dg ,u4,s4,c4 #cch7 is amended-- 7#a7 in subsection 7k7-- 7,a7 by redesignating paragraphs 7#a7 through 7#aj7 as paragraphs 7#b7 through 7#aa71 respectively2 7,b7 by inserting before paragraph 7#b71 as redesignated1 the following3 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 assigning television broadcast stations to local markets adopted by the ,commission4 2 and 7,c7 by amending paragraph 7#e71 as redesignated1 to read as follows3 7#e7 ,local market ,the term local market1 in the case of both commercial and noncommercial television broadcast stations1 means the designated market area in which a television broadcast station is located4 2 and 7#b7 by adding at the end the following3 7l7 ,market determinations 7#a7 ,in general ,following a written request1 the ,commission may1 with respect to a particular television broadcast station1 include additional communities within its local market or exclude communities from such station's local market to better effectuate the purposes of this section4 7#b7 ,considerations ,in considering requests filed under paragraph 7#a71 the ,commission-- 7,a7 may determine that particular communities are part of more than one local market2 and 7,b7 shall afford particular attention to the value of localism1 including promoting a consumer's access to television signals that originate in the consumer's ,state of residence1 by taking into account such factors as-- 7i7 whether the station1 or other stations located in the same area-- 7,i7 have been historically carried on the cable system or systems within such community2 and 7,,ii7 have been historically carried on the satellite carrier or carriers serving such community2 7ii7 whether the television station provides coverage or other local service to such community2 7iii7 whether any other television station that is eligible to be carried by a satellite carrier in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community2 and 7iv7 evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community4 7#c7 ,carriage of signals ,a satellite carrier shall not delete from carriage the signal of a commercial television station during the pendency of any proceeding under this subsection4 7#d7 ,determinations ,not later than #abj days after the date that a written request is filed under paragraph 7#a71 the ,commission shall grant or deny the request4 4 7b7 ,conforming amendments ,section #fad7;h77#a77;,c7 7#dg ,u4,s4,c4 #ecd7;h77#a77;,c77 is amended-- 7#a7 in clause 7ii7-- 7,a7 in the matter preceding subclause 7,i71 by striking localism and inserting localism1 including promoting consumer access to television signals that originate in a consumer's ,state of residence12 7,b7 in subclause 7,,ii71 by striking community and inserting community or on the satellite carrier or carriers serving such community2 and 7,c7 by amending subclause 7,,iv7 to read as follows3 7,,iv7 evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community4 2 and 7#b7 by moving the margin of clause 7iv7 #d ems to the left4 7c7 ,implementation ,as part of the rulemaking to implement the amendments made by this section1 the ,federal ,communications ,commission shall ensure that procedures for the filing and consideration of a written request under sections #cch7l7 and #fad7;h77#a77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cch1 #ecd7 fully effectuate the purposes of the amendments made by this section4 ,as part of that process1 the ,federal ,communications ,commission shall update what it considers to be a community for purposes of a modification of a market under section #cch7l7 or #fad7;h77#a77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cch1 #ecd74 ,,ii ,video policy reforms #bja4 ,consumer protections in retransmission consent 7a7 ,joint retransmission consent negotiations ,section #cbe7;b77#c77;,c7 7#dg ,u4,s4,c4 #cbe7;b77#c77;,c77 is amended-- 7#a7 in clause 7ii71 by striking and at the end2 7#b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iv7 prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station to grant retransmission consent under this section to a multichannel video programming distributor1 unless such stations are directly or indirectly under common de jure control permitted by the ,federal ,communications ,commission2 4 7b7 ,protections for significantly viewed and other television signals ,section #cbe7;b77#c77;,c7 7#dg ,u4,s4,c4 #cbe7;b77#c77;,c771 as amended1 is further amended by adding at the end the following3 7v7 prohibit a television broadcast station from limiting the ability of a multichannel video programming distributor to carry a television signal that has been deemed significantly viewed1 within the meaning of section #gf4ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 or any other television broadcast signal such distributor is authorized to carry under section #cch or #fad of this ,act1 into the local market of such station1 unless such stations are directly or indirectly under common de jure control permitted by the ,commission2 and 4 7c7 ,per se violations ,section #cbe7;b77#c77;,c7 7#dg ,u4,s4,c4 #cbe7;b77#c77;,c771 as amended1 is further amended by adding at the end the following3 7vi7 following an expiration of a retransmission consent agreement between a television broadcast station and a multichannel video programming distributor under this section1 permit the ,commission-- 7,i7 to request from the parties such information as it deems necessary to ensure that neither party has committed a per se violation of its duty to negotiate in good faith under this paragraph2 and 7,,ii7 to determine1 based on the information collected under subclause 7,i7 and in accordance with this ,act1 that a party to a retransmission consent negotiation has committed a per se violation of its duty to negotiate in good faith4 4 7d7 ,good faith ,section #cbe7;b77#c7 7#dg ,u4,s4,c4 #cbe7;b77#c77 is amended by adding at the end the following3 7,d7 ,update to good faith rules ,the ,commission shall commence a rulemaking to revise the regulations issued pursuant to subparagraph 7,c74 ,that rulemaking shall-- 7i7 consider whether each of the following constitutes a failure to negotiate in good faith as required by this paragraph-- 7,i7 the blocking of online content owned or controlled by a television broadcast station or a television network1 or the act of soliciting1 encouraging1 or otherwise seeking to have another entity block access to online content1 during retransmission consent negotiations or after the expiration of a retransmission consent agreement2 and 7,,ii7 allowing a television network to review and approve the rates1 terms1 and conditions of a retransmission consent agreement1 or the material terms of such agreement1 for any television broadcast station not wholly owned by such network2 and 7ii7 review and update the ,commission's totality of the circumstances test to ensure that such test encourages parties to a retransmission consent negotiation to present bona fide proposals on the material terms of a retransmission consent agreement during negotiations and engage in timely negotiations to reach an agreement4 4 7e7 ,conforming amendment ,section #cbe7;b77#g7 7#dg ,u4,s4,c4 #cbe7;b77#g77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 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 4 7f7 ,margin corrections 7#a7 ,section #cbe7;b77#c77;,c7 7#dg ,u4,s4,c4 #cbe7;b77#c77;,c77 is further amended by moving the margin of clause 7iii7 #d ems to the left4 7#b7 ,section #cbe7;b7 7#dg ,u4,s4,c4 #cbe7;b77 is amended by moving the margin of paragraph 7#g71 as amended by this section1 #d ems to the left4 #bjb4 ,update to cable rates report ,section #fbc7k7 7#dg ,u4,s4,c4 #edc7k77 is amended to read as follows3 7k7 ,reports on average prices 7#a7 ,in general ,the ,commission shall annually publish statistical reports on the average rates for basic cable service and other cable programming1 and for converter boxes1 remote control units1 and other equipment of cable systems that the ,commission has found are subject to effective competition under subsection 7a77#b7 compared with cable systems that the ,commission has found are not subject to such effective competition4 7#b7 ,inclusion in annual report ,the ,commission shall include in its report under paragraph 7#a71 the aggregate average total amount paid by cable systems per community in compensation under section #cbe4 4 #bjc4 ,competitive device availability 7a7 ,termination of effectiveness 7#a7 ,new navigation devices ,the authority provided by the second sentence of section #gf4abjd7;a77#a7 of title #dg1 ,code of ,federal ,regulations1 terminates effective on the date that is #b years after the date of enactment of this ,act4 7#b7 ,revision of regulations ,not later than #iaj days after the date of enactment of this ,act1 the ,federal ,communications ,commission shall revise its regulations to strike the sentence described in paragraph 7#a7 and make any necessary conforming revisions to its regulations4 7b7 ,working ,group 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,chairman of the ,federal ,communications ,commission shall convene a working group of technical experts representing a wide range of stakeholders1 to identify and report performance objectives1 technical capabilities1 and technical standards of a non-burdensome1 uniform1 and technology- and platform-neutral software-based downloadable security system designed to promote the competitive availability of navigation devices in furtherance of section #fbi of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edi74 7#b7 ,report ,not later than #edj days after the date of enactment of this ,act1 the working group shall file a report with the ,federal ,communications ,commission on its work under paragraph 7#a74 7#c7 ,commission assistance ,the ,chairperson of the ,federal ,communications ,commission may appoint a member of the ,commission's staff-- 7,a7 to moderate and direct the work of the working group under this subsection2 and 7,b7 to provide technical assistance to members of the working group1 as appropriate4 7#d7 ,initial meeting ,the initial meeting of the working group shall take place not later than #ahj days after the date of the enactment of this ,act4 #bjd4 ,administrative reforms to effective competition petitions ,section #fbc 7#dg ,u4,s4,c4 #edc7 is amended by adding at the end the following3 7o7 ,streamlined petition process for small cable operators 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,satellite ,television ,access and ,viewer ,rights ,act1 the ,commission shall complete a rulemaking to establish a streamlined process for filing of an effective competition petition pursuant to this section for small cable operators1 particularly those who serve primarily rural areas4 7#b7 ,construction ,nothing in this subsection shall be construed to have any effect on the duty of a small cable operator to prove the existence of effective competition under this section4 7#c7 ,definition of small cable operator ,in this subsection1 the term small cable operator has the meaning given the term in subsection 7m74 4 ,,iii ,miscellaneous #cja4 ,implementation ,except as otherwise expressly provided1 the ,federal ,communications ,commission shall prescribe regulations to implement the requirements of this ,act1 and any amendments made by this ,act1 not later than #bgj days after the date of enactment4 #cjb4 ,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 to be unconstitutional1 the remainder of the ,act1 the amendments made by the ,act1 and the application of such provision or amendment to any person or circumstance shall not be affected thereby4