110 HR 2821 IH: Television Freedom Act of U.S. House of Representatives 2007-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2821 IN THE HOUSE OF REPRESENTATIVES June 21, 2007 Mr. Ross (for himself, Mrs. Cubin, and Mr. Boren) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 122 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers and cable operators to retransmit the signals of local television broadcast stations to their adjacent markets, and for other purposes.

1.

Short title

This Act may be cited as the Television Freedom Act of 2007.

2.

Secondary transmissions by satellite carriers within local markets

Section 122 of title 17, United States Code, is amended— (1)in subsection (a)— (A)in the matter preceding paragraph (1), by inserting or adjacent market after station’s local market; (B)in paragraph (2), by striking and after the semicolon; (C)in paragraph (3), by striking the period at the end and inserting ; and; and (D)by adding at the end the following new paragraph: (4)in the case of a satellite carrier that makes secondary transmissions into a television broadcast station’s adjacent market, the satellite carrier also makes secondary transmissions into that market of the signals of the television broadcast stations located in that market. ; (2)in subsections (d) an (e), by inserting or adjacent market after into the local market; (3)in subsection (f), by inserting or adjacent market after station’s local market in paragraphs (1) and (2); (4)in subsection (g), by inserting or adjacent market after station’s local market; and (5)in subsection (j), by adding at the end the following: (6)

Adjacent market

The term adjacent market, in the case of both commercial and noncommercial television broadcast stations, means any designated market area adjacent to, and at least partially in the same State as, the designated market area in which the station is located. .

3.

Amendments to the Communications Act of 1934

(a)

Retransmission consent

Section 325(b)(2) of the Communications Act of 1934 (47 U.S.C. 325(b)(2)) is amended— (1)by striking or at the end of subparagraph (D); (2)by striking the period at the end of subparagraph (E) and inserting ; or; and (3)by inserting after subparagraph (E) the following new subparagraph: (F)to retransmission of the signals of a television broadcast station to a subscriber located in the station’s adjacent market— (i)by a satellite carrier directly to the satellite antenna of the subscriber under section 122 of title 17, United States Code, or (ii)by a cable operator or other multichannel video programmer, other than a satellite carrier, to the subscriber. ; and (4)in the last sentence, by striking the term local market has the meaning that term and inserting the terms local market and adjacent market have the meanings given such terms. (b)

Carriage of Distant Signals

Section 339(a)(1)(B) of such Act (47 U.S.C. 339(a)(1)(B)) is amended by inserting or adjacent market after local market. (c)

Waiver of duplication rules

(1)

Waiver required

Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall commence a proceeding to revise the regulations concerning network nonduplication protection, syndicated exclusivity protection, and sports blackout protection (47 CFR part 76) against the retransmission by a cable operator or by a satellite carrier of signals of network stations to subscribers to permit such retransmission if the subscriber receiving the signals is located in the station’s adjacent market (as such term is defined in section 122(j)(6) of title 17, United States Code). (2)

Deadline for action

The Commission shall complete all actions necessary to prescribe the revised regulations required by paragraph (1) within 180 days after the date of enactment of this Act.