II 111th CONGRESS 2d Session S. 3894 IN THE SENATE OF THE UNITED STATES September 29, 2010 Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To allow the FCC to review petitions relating to the secondary transmission of broadcast programming in orphan counties.

1.

Short title

This Act may be cited as the Letting Our Communities Access Local Television Act of 2010 or the LOCAL TV Act of 2010.

2.

Orphan counties

Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following:

12.

Orphan counties

(a)

Submission of petitions

(1)

In general

The Federal Communications Commission shall seek and consider petitions requesting that the Commission— (A)reclassify a county or portion of a county into a different or additional designated market area that is primarily located in and has stations primarily licensed in the State in which that county is located; (B)designate as significantly viewed a broadcast station located in an adjacent in-State designated market area for a county located in a designated market area that is primarily located in and has stations primarily licensed in another State; or (C)expand the statutory license under section 119(a)(2)(C) of title 17, United States Code, to allow secondary transmissions of any broadcast station described in paragraph (1) by a satellite or cable provider in such a county. (2)

Limitation

Not more than 1 additional in-state station from each television network may be provided under any petition considered under subsection (a). (b)

Notice; Hearing; Approval

After giving notice, holding a public hearing, and providing an opportunity for public comment, the Commission shall, if the Commission determines that providing in-State distant programming in a county is in the public interest— (1)grant, in whole or in part, including with any modifications deemed necessary by the Commission, any petition submitted pursuant to subsection (a); and (2)explain its decision in writing. (c)

Review period; Extension of review period

Any petition submitted pursuant to subsection (a) shall be deemed granted if the Commission does not grant the petition within 1 year after the Commission receives such petition, unless the 1 year period is extended by the Commission. The Commission may extend the initial 1-year period by an additional 90 days if the Commission finds that an extension is necessary in the public interest.

.