I 111th CONGRESS 1st Session H. R. 3498 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Mrs. Lummis (for herself, Mr. Thompson of Mississippi, Ms. Shea-Porter, Mr. Simpson, Mr. Aderholt, and Mr. Price of North Carolina) 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 119 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers to retransmit the signals of certain noncommercial, educational broadcast stations outside their local markets, and for other purposes.

1.

Short title

This Act may be cited as the Statewide PTV Access Act of 2009.

2.

Secondary transmission of noncommercial stations by satellite carriers outside local markets

(a)

Secondary transmissions

Section 119(a)(2)(C) of title 17, United States Code, is amended— (1)by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (2)by inserting after clause (ii) the following: (iii)

Noncommercial educational broadcast stations

(I)

Secondary transmissions within State-wide network

In the case of a State-wide network of noncommercial educational broadcast stations, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission of any noncommercial educational broadcast station in that State-wide network to any subscriber in any county within that State that is located outside that station’s local market and is not served by a noncommercial educational television broadcast station that is located within that State. (II)

State-wide network defined

In this clause, the term State-wide network of noncommercial educational broadcast stations is a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency. . (b)

Royalty fee

Section 119(b)(1)(B) of title 17, United States Code, is amended by inserting or paragraph (2)(C)(iii) after subscriber under paragraph (3).

3.

Amendments to the Communications Act of 1934

(a)

In general

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 signal of a television broadcast station outside the station’s local market by a satellite carrier directly to its subscribers, if— (i)such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or a single public agency; and (ii)the satellite carrier retransmits the secondary signal of such eligible noncommercial educational broadcast station only to its subscribers— (I)located in any county within that State that is located outside that station’s local market; and (II)not served by another noncommercial educational broadcast station that is located within that State; . (b)

Distant Signals

Section 339(a)(1) of the Communications Act of 1934 (47 U.S.C. 339 (a)(1)) is amended by adding at the end the following new subparagraph: (C)In the case of a network of three or more noncommercial educational broadcast stations that are licensed to a single State, political, educational, or special purpose subdivision of a State, or public agency, a satellite carrier may carry the signals of such network to all subscribers in any county within that State that is located outside that station’s designated market area and is not served by another noncommercial educational broadcast station located within that State. .