,i #aafth ,,congress #ast ,session ,h4 ,r4 #ciid ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,mr4 ,scalise 7for himself and ,ms4 ,eshoo7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to repeal certain provisions of the ,communications ,act of #aicd1 title #ag of the ,united ,states ,code1 and certain regulations1 to allow for interim carriage of television broadcast signals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,modern ,television ,act of #bjai4 #b4 ,agreements for carriage of broadcast programming 7a7 ,agreements for carriage of broadcast programming ,section #cbe of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cbe7 is amended-- 7#a7 in subsection 7b77#c77;,c7-- 7,a7 in clause 7i71 by striking the semicolon at the end and inserting 2 and2 7,b7 by striking clauses 7ii71 7iii71 and 7iv72 and 7,c7 by redesignating clause 7v7 as clause 7ii72 and 7#b7 by adding at the end the following3 7f7 ,requirements for marketplace agreements 7#a7 ,negotiation requirements 7,a7 ,in general ,not later than #ij days after the date of the enactment of the ,modern ,television ,act of #bjai1 the ,commission shall1 by regulation-- 7i7 require a television broadcast station and multichannel video programming distributor 7and any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 to negotiate in good faith in any effort to reach a marketplace agreement2 and 7ii7 prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market in an effort to reach a marketplace agreement with a multichannel video programming distributor1 unless such stations are directly or indirectly under common de jure control permitted under the regulations of the ,commission4 7,b7 ,good faith requirements ,the regulations promulgated under paragraph 7#a77;,a7 shall provide-- 7i7 that it is a violation of the requirement under paragraph 7#a77;,a77i7-- 7,i7 for a multichannel video programming distributor1 a qualified ,,mvpd buying group1 a television broadcast station1 or a large station group to refuse to declare an impasse for the sole purpose of avoiding binding arbitration under subsection 7g71 as added by the ,modern ,television ,act of #bjai2 or 7,,ii7 for a large station group to prohibit a qualified ,,mvpd buying group from permitting a multichannel video programming distributor with which the large station group has an existing marketplace agreement to join a new marketplace agreement negotiated by the large station group and the qualified ,,mvpd buying group upon the expiration of the existing marketplace agreement1 if the multichannel video programming distributor was unable to join the new marketplace agreement at the time of the execution of the agreement because of the existing marketplace agreement2 7ii7 that is not a violation of the requirement under paragraph 7#a77;,a77i7-- 7,i7 for a television broadcast station or large station group to enter into marketplace agreements containing different terms and conditions1 including price terms and royalty fees1 with different multichannel video programming distributors or with different qualified ,,mvpd buying groups if such different terms and conditions are based on competitive marketplace considerations2 or 7,,ii7 for a multichannel video programming distributor or a qualified ,,mvpd buying group to enter into marketplace agreements containing different terms and conditions1 including price terms and royalty fees1 with different television broadcast stations or with different large station groups if such different terms and conditions are based on competitive marketplace considerations2 7iii7 that a multichannel video programming distributor may satisfy its obligations under paragraph 7#a77;,a77i7 by designating a qualified ,,mvpd buying group to negotiate on its behalf1 so long as the qualified ,,mvpd buying group itself negotiates in good faith2 and 7iv7 that a qualified ,,mvpd buying group may satisfy any obligations under paragraph 7#a77;,a77i7 to designate a representative with authority to make binding representations by designating such a representative that can make binding representations on the qualified ,,mvpd buying group's behalf4 7#b7 ,interim carriage ,not later than #ij days after the date of the enactment of the ,modern ,television ,act of #bjai1 the ,commission shall1 by regulation1 require a multichannel video programming distributor to retransmit a signal of a television broadcast station and the television broadcast station to permit the retransmission of that signal-- 7,a7 for a period not longer than #fj days beginning on the date on which a marketplace agreement entered into by the television broadcast station and the multichannel video programming distributor 7or by any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 expires2 and 7,b7 under the terms and conditions of such expired agreement4 7#c7 ,retroactivity of marketplace agreement ,not later than #ij days after the date of the enactment of the ,modern ,television ,act of #bjai1 the ,commission shall require1 by regulation1 each marketplace agreement entered into on or after such date of enactment by a television broadcast station and a multichannel video programming distributor 7or by any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 to include a clause making the terms of the agreement retroactive to the expiration date of the most recent marketplace agreement entered into by or on behalf of the station and the distributor if the station and the distributor-- 7,a7 had previously entered into a marketplace agreement2 and 7,b7 are required to retransmit a signal or permit the retransmission of a signal1 as the case may be1 under paragraph 7#b7 or subsection 7g71 as added by the ,modern ,television ,act of #bjai4 7#d7 ,prohibition on requiring certain payments ,not later than #ij days after the date of the enactment of the ,modern ,television ,act of #bjai1 the ,commission shall1 by regulation1 prohibit a television broadcast station from requiring payment1 either directly or indirectly1 from a multichannel video programming distributor for customers of the multichannel video programming distributor who do not receive the signals of the television broadcast station from that distributor4 7#e7 ,limitation ,the requirements under this subsection do not apply with respect to mandatory carriage of the signal of a television broadcast station that elects mandatory carriage under section #cch1 #fad1 or #fae4 7#f7 ,definitions ,in this subsection3 7,a7 ,large station group ,the term large station group means a group-- 7i7 of commonly owned or controlled television broadcast stations that generally negotiate marketplace agreements as a single entity2 and 7ii7 which includes1 with respect to at least five different local markets1 at least one television broadcast station ranked among the top four stations1 based on audience share1 as measured by ,nielsen ,media ,research or by any comparable professional1 accepted audience ratings service4 7,b7 ,local market ,the term local market has the meaning given that term in section #abb of title #ag1 ,united ,states ,code4 7,c7 ,marketplace agreement ,the term marketplace agreement means an agreement1 or agreements1 for-- 7i7 the exclusive right under section #ajf of title #ag1 ,united ,states ,code1 to transmit a performance or display of a work embodied in primary transmission 7as defined in section #aaa7;f7 of such title7 of a television broadcast station and the royalty fee payable2 or 7ii7 retransmission consent under subsection 7b71 as in effect before the repeal made by the ,modern ,television ,act of #bjai4 7,d7 ,multichannel video programming distributor ,the term multichannel video programming distributor has the meaning given the term in section #fjb4 7,e7 ,qualified ,,mvpd buying group ,the term qualified ,,mvpd buying group means an entity1 with respect to a large station group1 that-- 7i7 has been designated to negotiate on behalf of two or more multichannel video programming distributors-- 7,i7 none of which is a multichannel video programming distributor that serves more than #e1jjj1jjj subscribers nationally2 and 7,,ii7 that do not collectively serve more than #ce percent of all households served by a multichannel video programming distributor in any single local market in which the applicable large station group operates2 7ii7 agrees to assume liability under a marketplace agreement only with respect to forwarding to the appropriate television broadcast station or large station group for payment all fees received from the multichannel video programming distributors on behalf of which the entity negotiates2 7iii7 uniformly bills each multichannel video programming distributor on behalf of which the entity negotiates2 7iv7 agrees to standardized contract provisions for each multichannel video programming distributor on behalf of which the entity negotiates2 and 7v7 agrees either collectively or individually on reasonable technical quality standards for each multichannel video programming distributor on behalf of which the entity negotiates4 7,f7 ,television broadcast station ,the term television broadcast station means an over-the-air commercial or noncommercial television broadcast station licensed by the ,commission under subpart ,e of part #gc of title #dg1 ,code of ,federal ,regulations1 except that such term does not include a low-power or translator television station4 4 7b7 ,effective date ,this section1 and the amendments made by this section1 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 #c4 ,repeal of regulatory intervention in the television marketplace under the ,communications ,act of #aicd 7a7 ,repeal ,the following sections of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 are hereby repealed3 7#a7 ,section #cbe7;b7 7#dg ,u4,s4,c4 #cbe7;b774 7#b7 ,section #cbe7;e7 7#dg ,u4,s4,c4 #cbe7;e774 7#c7 ,section #cci 7#dg ,u4,s4,c4 #cci74 7#d7 ,section #cdj 7#dg ,u4,s4,c4 #cdj74 7#e7 ,section #cda 7#dg ,u4,s4,c4 #cda74 7#f7 ,section #cdb 7#dg ,u4,s4,c4 #cdb74 7#g7 ,section #fab 7#dg ,u4,s4,c4 #ecb74 7#h7 ,section #gab 7#dg ,u4,s4,c4 #fab74 7b7 ,additional amendments 7#a7 ,section #cch ,section #cch of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cch7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 by inserting or under a marketplace agreement 7as that term is defined in section #cbe71 after ,code12 and 7,,ii7 by striking 1 subject to section #cbe7;b72 7ii7 in paragraph 7#b71 by striking #eja7;f7 each place it appears and inserting #eja7;e72 7iii7 in paragraph 7#c7-- 7,i7 by striking whose signals and all that follows through of title #ag1 ,united ,states ,code12 and 7,,ii7 by inserting or a marketplace agreement after such title2 7iv7 by amending paragraph 7#d7 to read as follows3 7#d7 ,nondiscrimination in carriage of high-definition signals of noncommercial educational television stations ,if1 on or after the date of enactment of the ,satellite ,television ,extension and ,localism ,act of #bjaj1 an eligible satellite carrier initiates the provision of any secondary transmission in high-definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station1 then such satellite carrier shall carry the signals in high-definition format of all qualified noncommercial educational television stations located within that local market4 2 and 7v7 by striking paragraph 7#e72 7,b7 in subsection 7d71 by inserting seeking carriage under subsection 7a77#a7 after signal of a local television broadcast station2 7,c7 by striking subsection 7h72 7,d7 by redesignating subsections 7i71 7j71 7k71 and 7l7 as subsections 7h71 7i71 7j71 and 7k71 respectively2 7,e7 in subsection 7j71 as so redesignated-- 7i7 by striking paragraph 7#a72 7ii7 by redesignating paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 and 7#aj7 as paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i71 respectively2 7iii7 in paragraph 7#c71 as so redesignated1 by striking #abb7;j7 and inserting #abb7;g72 7iv7 in paragraph 7#f71 as so redesignated1 by striking #aai7;d7 and inserting #aaa7;f72 7v7 in paragraph 7#g71 as so redesignated1 by striking #aai7;d7 and inserting #aaa7;f72 7vi7 in paragraph 7#h71 as so redesignated1 by striking #abb7;j7 and inserting #abb7;g72 and 7vii7 in paragraph 7#i71 as so redesignated1 by striking #cbe7;b77#g7 and inserting #cbe2 and 7,f7 in subsection 7k71 as so redesignated1 by striking paragraph 7#e74 7#b7 ,section #fbc ,section #fbc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edc7 is amended-- 7,a7 by striking subsections 7a71 7b71 7c71 7d71 7g71 7h71 7i71 7j71 7k71 7l71 7m71 7n71 and 7o72 7,b7 by redesignating subsections 7e7 and 7f7 as subsections 7a7 and 7b71 respectively2 and 7,c7 by adding at the end the following3 7c7 ,regulation of rates and broadcast signal carriage ,no ,federal agency1 ,state1 or franchising authority may regulate-- 7#a7 the rates for the provision of the service of a multichannel video programming distributor2 or 7#b7 the retransmission of television broadcast signals by a multichannel video programming distributor except in accordance with the requirements of sections #cbe1 #cch1 #fad1 and #fae4 4 7c7 ,conforming amendments 7#a7 ,section #cdc ,section #cdc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cdc7 is redesignated as section #cci of such ,act4 7#b7 ,section #fae ,section #fae of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ece7 is amended-- 7,a7 by striking subsection 7f72 and 7,b7 in subsection 7l71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,qualified noncommercial educational television station 7,a7 ,in general ,the term qualified noncommercial educational television station means any full-power television broadcast station which-- 7i7 under the rules and regulations of the ,commission in effect on ,march #bi1 #aiij1 is licensed by the ,commission as a noncommercial educational television broadcast station and is owned and operated by a public agency1 nonprofit foundation1 nonprofit corporation1 or nonprofit association2 or 7ii7 is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes4 7,b7 ,inclusions ,such term includes-- 7i7 the translator of any noncommercial educational television station with five watts or higher power serving the franchise area2 7ii7 a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section #gc4fjf of title #dg1 ,code of ,federal ,regulations1 or any successor regulations thereto2 and 7iii7 such stations and translators operating on channels not so reserved as the ,commission determines are qualified as noncommercial educational stations4 4 7#c7 ,section #fba ,section #fba7;b77#c77;,d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eda7;b77#c77;,d77 is amended by striking sections #faa and #fab and inserting section #faa4 7#d7 ,section #fbb ,section #fbb7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edb7;c77 is amended by striking pursuant to section #fbc4 7#e7 ,section #fbe ,section #fbe of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ede7 is amended-- 7,a7 in subsection 7c7-- 7i7 by striking rearrange1 replace1 and inserting replace2 7ii7 in paragraph 7#a71 by striking 2 or and inserting a period2 7iii7 by striking paragraph 7#b72 and 7iv7 by striking franchise if-- and all that follows through such service is no longer and inserting franchise if such service is no longer2 and 7,b7 in subsection 7d71 by striking 1 if the rates and all that follows and inserting a period4 7#f7 ,section #fcb ,section #fcb7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eeb7;c77 is amended by striking section #fbc7;b77#f7 or4 7#g7 ,section #fch ,section #fch of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eeh7 is amended by striking governmental use or on any other channel obtained under section #fab or under similar arrangements and inserting or governmental use4 7#h7 ,section #fec ,section #fec of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #egc7 is amended-- 7,a7 in subsection 7b77#a7-- 7i7 in subparagraph 7,c71 by adding and at the end2 and 7ii7 by striking subparagraph 7,d7 and redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7,b7 in subsection 7c77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 7other than subsection 7a7 thereof72 and 7,,ii7 by striking #fbc7;f7 and inserting #fbc7;b72 7ii7 in subparagraph 7,b71 by striking 1 and section #cbe of title ,,iii12 and 7iii7 in subparagraph 7,c7-- 7,i7 by striking sections #fab and #fag and inserting section #fag2 and 7,,ii7 by striking #fbc7;f7 and inserting #fbc7;b74 #d4 ,binding arbitration ,section #cbe of the ,communications ,act of #aicd1 as amended by sections #b and #c1 is further amended by adding at the end the following3 7g7 ,binding arbitration 7#a7 ,requirement ,beginning on the date that is #ij days after the date on which this subsection takes effect1 the ,commission shall1 by regulation-- 7,a7 provide that the ,commission may require a television broadcast station and multichannel video programming distributor negotiating a marketplace agreement 7and any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 to submit to binding arbitration-- 7i7 upon-- 7,i7 a declaration of an impasse in negotiations by all parties negotiating the agreement2 7,,ii7 a preliminary finding by the ,commission of a violation of the good faith requirement under subsection 7f77#a77;,a77i72 or 7,,iii7 the failure of the television broadcast station and multichannel programming distributor 7or any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 to reach a marketplace agreement by the date that is #fj days after the date on which a marketplace agreement entered into by the television broadcast station and the multichannel video programming distributor 7or by any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 expires2 and 7ii7 in a form substantially similar to that imposed in ,section ,,vii of ,appendix ,a of the ,memorandum ,opinion and ,order in the matter of ,applications of ,comcast ,corporation1 ,general ,electric ,company1 and ,,nbc ,universal1 ,inc4 ,for ,consent to ,assign ,licenses and ,transfer ,control of ,licensees that was adopted by the ,commission on ,january #ah1 #bjaa 7,,fcc #aa-d72 and 7,b7 provide that the ,commission may require a multichannel video programming distributor to retransmit a signal of a television broadcast station and the television broadcast station to permit the retransmission of that signal-- 7i7 during any period in which the television broadcast station and the multichannel video programming distributor 7or any large station group or qualified ,,mvpd buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor1 respectively7 are required to submit to binding arbitration under subparagraph 7,a72 and 7ii7 in accordance with the interim carriage provisions imposed in ,section ,,vii of ,appendix ,a of the ,memorandum ,opinion and ,order described under subparagraph 7,a77ii74 7#b7 ,definitions ,in this subsection1 the terms large station group1 marketplace agreement1 multichannel video programming distributor1 qualified ,,mvpd buying group1 and television broadcast station have the meaning given those terms in subsection 7f74 4 #e4 ,repeal of regulatory intervention in the copyright act 7a7 ,in general 7#a7 ,repeal ,section #aai of title #ag1 ,united ,states ,code1 is hereby repealed4 7#b7 ,conforming amendment ,the table of sections at the beginning of chapter #a of title #ag1 ,united ,states ,code1 is amended by striking the item related to section #aai4 7b7 ,section #aaa ,section #aaa of title #ag1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#d71 by striking section #aai or2 7#b7 in subsection 7c7-- 7,a7 by striking broadcast station licensed by the ,federal ,communications ,commission or by an appropriate governmental authority of ,canada or ,mexico and inserting qualified broadcast station each place it appears2 and 7,b7 in paragraph 7#a71 by striking where the carriage and all that follows before the period at the end2 7#c7 in subsection 7d77#a77;,a71 by striking the second sentence2 and 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#d71 by striking #abb7;j77#b77;,c7 and inserting #abb7;g77#b77;,c72 and 7,b7 by adding at the end1 the following3 7#ad7 ,qualified broadcast station ,the term qualified broadcast station means a broadcast station licensed by the ,federal ,communications ,commission1 or by an appropriate governmental authority of ,canada or ,mexico1 that elects mandatory carriage under section #fad or #fae of the ,communications ,act of #aicd4 7#ae7 ,satellite carrier ,the term satellite carrier means an entity that uses the facilities of a satellite or satellite service licensed by the ,federal ,communications ,commission and operates in the ,fixed-,satellite ,service or the ,direct ,broadcast ,satellite ,service under part #be of title #dg1 ,code of ,federal ,regulations1 to establish and operate a channel of communications for point-to-multipoint distribution of television station signals1 and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution1 except to the extent that such entity provides such distribution pursuant to tariff under the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq471 other than for private home viewing4 4 7c7 ,section #abb ,section #abb of title #ag1 ,united ,states ,code1 is amended-- 7#a7 by striking television broadcast stations each place it appears and inserting qualified television broadcast stations2 7#b7 by striking television broadcast station each place it appears and inserting qualified television broadcast station2 7#c7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking the semicolon at the end and inserting 2 and2 7ii7 by striking subparagraph 7,b72 and 7iii7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7,b7 by striking paragraphs 7#b71 7#c71 and 7#e72 7,c7 by redesignating paragraph 7#d7 as paragraph 7#b72 and 7,d7 in paragraph 7#b71 as so redesignated1 by striking ,special exceptions4--,a secondary transmission of a performance or display and all that follows through ,in the case of a system and inserting ,special exception4--,in the case of a system2 7#d7 by striking subsections 7b71 7f 71 and 7g72 7#e7 by redesignating subsections 7c71 7d71 7e71 7h71 7i71 and 7j7 as subsections 7b71 7c71 7d71 7e71 7f71 and 7g71 respectively2 7#f7 in subsection 7c71 as so redesignated-- 7,a7 by striking television broadcast station each place it appears and inserting qualified television broadcast station2 7,b7 by striking television broadcast signals and inserting signal of a qualified television broadcast stations2 and 7,c7 by striking 1 if the satellite carrier and all that follows before the period at the end2 7#g7 in subsection 7d71 as so redesignated1 by striking television broadcast station each place it appears and inserting qualified television broadcast station2 7#h7 in subsection 7f71 as so redesignated1 by striking and section #aai2 and 7#i7 in subsection 7g71 as so redesignated-- 7,a7 in paragraph 7#b77;,e71 by striking #cch7l7 and inserting #cch7k72 7,b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,network station ,the term network station means-- 7,a7 a television station licensed by the ,federal ,communications ,commission1 including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station1 that is owned or operated by1 or affiliated with1 one or more of the television networks in the ,united ,states that offer an interconnected program service on a regular basis for #ae or more hours per week to at least #be of its affiliated television licensees in #aj or more ,states2 or 7,b7 a noncommercial educational broadcast station 7as defined in section #cig of the ,communications ,act of #aicd72 except that the term does not include the signal of the ,alaska ,rural ,communications ,service1 or any successor entity to that service4 2 7,c7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 7,d7 by inserting after paragraph 7#d71 the following3 7#e7 ,non-network station ,the term non-network station means a television station1 other than a network station1 licensed by the ,federal ,communications ,commission1 that is secondarily transmitted by a satellite carrier4 2 and 7,e7 in paragraph 7#h71 as so redesignated-- 7i7 in the heading1 by striking ,television broadcast station and inserting ,qualified television broadcast station2 7ii7 in subparagraph 7,a71 by inserting 1 that elects mandatory carriage pursuant to section #cch of the ,communications ,act of #aicd after ,regulations2 and 7iii7 in subparagraph 7,b7-- 7,i7 by inserting that elects mandatory carriage pursuant to section #cch of the ,communications ,act of #aicd1 after ,mexico2 and 7,,ii7 by striking as defined in section #aai7;d77#b77;,a74 7d7 ,conforming amendments ,title #ag1 ,united ,states ,code1 is amended-- 7#a7 in section #eja-- 7,a7 by striking local service area each place it appears and inserting designated market area2 7,b7 by striking subsection 7e72 7,c7 by redesignating subsection 7f7 as subsection 7e72 and 7,d7 by adding at the end the following3 7f7 ,in this section1 the term designated market area means a designated market area1 as determined by ,nielsen ,media ,research and published in the #aiii-bjjj ,nielsen ,station ,index ,directory and ,nielsen ,station ,index ,united ,states ,television ,household ,estimates or any successor publication4 2 7#b7 in section #gjh7;a77#aj71 by striking #aai or2 7#c7 in section #hja-- 7,a7 in subsection 7b77#a71 by striking #aai12 and 7,b7 by striking 1 #aai1 each place it appears2 7#d7 in section #hjc-- 7,a7 in subsection 7b77#a77;,a77i71 in the matter preceding subclause 7,i71 by striking 1 #aai2 7,b7 in subsection 7d77#b77;,c77i71 by striking 1 #aai2 and 7,c7 in subsection 7e77#b71 by striking #aah1 or #aai and inserting or #aah2 and 7#e7 in section #hjd-- 7,a7 in subsection 7a71 by striking 1 #aai2 and 7,b7 in subsection 7b77#h71 by striking 1 #aai14 #f4 ,repeal of ,commission's rules related to regulatory intervention ,the ,federal ,communications ,commission shall take all actions necessary to-- 7#a7 repeal section #gc4feh of the ,commission's rules 7#dg ,,cfr #gc4feh72 7#b7 repeal subpart ,f of part #gf of the ,commission's rules2 and 7#c7 modify subpart ,s of part #gf of the ,commission's rules by eliminating any requirements relating to network nonduplication and syndicated exclusivity for open video systems4 #g4 ,report ,section #ac of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #afc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 if the ,commission determines under subsection 7e77#b7 that the totality of the measurements have presented a net negative impact in the two years preceding the report1 include specific policies to improve market functioning4 2 and 7#b7 by adding at the end the following3 7e7 ,comptroller ,general study 7#a7 ,study ,not later than #d years after the date of the enactment of the ,modern ,television ,act of #bjai1 and every two years thereafter1 the ,comptroller ,general of the ,united ,states1 in consultation with the ,commission1 shall study the effect of the regime established under such ,act1 and the amendments made by such ,act1 by measuring-- 7,a7 the price consumers pay for video programming1 adjusted to reflect national monetary inflation or deflation2 7,b7 the satisfaction of consumers with the quality of video programming and the services of multichannel video programming distributors2 7,c7 the-- 7i7 number of interruptions to the distribution of programming to consumers because of impasses in negotiations between multichannel video programming distributors and television broadcast stations2 7ii7 duration of each interruption2 and 7iii7 number of consumers impacted by each interruption2 and 7,d7 consumer access to local programming1 including news1 weather1 sports1 and public1 educational1 and governmental programming4 7#b7 ,determination by ,commission ,the ,commission shall determine under the study described in paragraph 7#a7 if the totality of the measurements described in such paragraph present a net positive1 net negative1 or indeterminate impact to consumers and to the marketplace4 7#c7 ,definitions ,in this subsection1 the terms video programming and multichannel video programming distributor have the meaning given those terms in section #fjb4 4 #h4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4 #i4 ,effective date ,except as provided in section #b1 this ,act1 and the amendments made by this ,act1 shall take effect on the date that is #db months after the date of the enactment of this ,act4