1.This Act may be cited as
the Next Generation Television
Marketplace Act of 2011
.
2.Repeal of
regulatory intervention in the television marketplace under the Communications
Act of 1934
(a)The following sections of the Communications Act of 1934
(47 U.S.C. 151 et seq.) are repealed:
(1)Section 339 (47
U.S.C. 339).
(2)Section 340 (47
U.S.C. 340).
(3)Section 341 (47
U.S.C. 341).
(4)Section 342 (47
U.S.C. 342).
(5)Section 612 (47
U.S.C. 532).
(6)Section 614 (47
U.S.C. 534).
(7)Section 712 (47
U.S.C. 612).
(b)
(1)Section 325 of the Communications Act of 1934 is
amended—
(A)by striking
subsections (b) and (e); and
(B)by redesignating
subsections (c) and (d) as subsections (b) and (c), respectively.
(2)Technical and
conforming amendmentSection 309(c)(2)(F) of the Communications
Act of 1934 (47 U.S.C. 309(c)(2)(F)) is amended by striking section
325(c)
and inserting section 325(b)
.
(c)Section
338 of the Communications Act of 1934 (47 U.S.C. 338) is amended—
(1)in subsection
(a)—
(A)in paragraph
(1)—
(i)by
striking , under section 122 of title 17, United States Code, secondary
transmissions
and inserting signals of a qualified noncommercial
educational television station
; and
(ii)by
striking a television broadcast station
and all that follows
through section 325(b).
and inserting such station shall
carry upon request the signals of all qualified noncommercial educational
television stations located within that local market.
;
(B)by striking
paragraphs (2) and (4);
(C)by redesignating
paragraphs (3) and (5) as paragraphs (2) and (3), respectively;
(D)in paragraph (2),
as redesignated—
(i)by
striking whose signals
and all that follows through
Code,
;
(ii)by
striking regardless
and all that follows through such
title,
; and
(iii)by striking
of this section
; and
(E)in paragraph
(3)(B), as redesignated, by inserting through the date before the date
of enactment of the Next Generation
Television Marketplace Act of 2011,
after Act of
2010
(2)in subsection
(b)—
(A)in paragraph (1),
by striking (1) Costs.—A television broadcast station
and
inserting A qualified noncommercial educational television
station
; and
(B)by striking
paragraph (2);
(3)in subsection
(c)—
(A)by striking
paragraph (1); and
(B)in paragraph
(2)—
(i)by
striking (2) Noncommercial
stations.—The
and inserting The
;
and
(ii)by
striking local noncommercial television broadcast stations
and
inserting qualified noncommercial educational television
stations
;
(4)in subsection
(d)—
(A)by striking
local television broadcast station
and inserting
qualified noncommercial educational television station
;
(B)by striking
local television broadcast stations
and inserting
qualified noncommercial educational television station
;
and
(C)by striking
contiguous channels
and inserting channels reasonably
contiguous with other television broadcast channels
;
(5)in subsection
(e), by striking local television broadcast stations
and
inserting qualified noncommercial educational television
stations
;
(6)in subsection
(f)(1)—
(A)in the first
sentence—
(i)by
striking local television broadcast station
and inserting
qualified noncommercial educational television station
;
and
(ii)by
striking of this section
; and
(B)in the third
sentence, by striking local television broadcast station
and
inserting qualified noncommercial educational television
station
;
(7)by striking
subsections (g) and (h);
(8)by redesignating
subsections (i), (j), and (k) as subsections (g), (h), and (i),
respectively;
(9)in subsection
(g), as redesignated by paragraph (8)—
(A)in paragraph
(1)—
(i)by
redesignating subparagraphs (A) through (E) as clauses (i) through (v), and
adjusting the margins accordingly;
(ii)in
the matter preceding clause (i), as redesignated by clause (i)—
(I)by striking
At the time
and inserting the following:
(A)At the time
;
and
(II)by striking
which clearly
and inserting that clearly
;
(iii)in clause (v),
as redesignated by clause (i), by striking this section
and
inserting this subsection
; and
(iv)in
the flush text following clause (v), as redesignated by clause (i), by striking
In the case
and all that follows through this
subsection
and insert the following:
(B)In
the case of subscribers who have entered into an agreement described in
subparagraph (A) before December 8,
2004
;
(B)in paragraph (2),
by striking subparagraphs (A) and (B) and inserting the following:
(A)the term other service
includes any wire or radio communications service provided using any of the
facilities of a satellite carrier that are used in the provision of satellite
service;
(B)the term personally identifiable
information does not include any record of aggregate data which does not
identify particular persons;
and
;
(C)in paragraph (7),
in the matter preceding subparagraph (A), by striking this
section
and inserting this subsection
; and
(D)in paragraph
(8)—
(i)by
striking title
and inserting subsection
;
and
(ii)by
striking section
and inserting subsection
;
(10)in subsection
(h), as redesignated by paragraph (8)—
(A)by striking
Within 1 year
and all that follows through The
regulations
and inserting The regulations
; and
(B)by striking
sections 614(b)(3) and (4) and 615(g)(1) and (2)
and inserting
paragraphs (1) and (2) of section 615(f)
; and
(11)in subsection
(i), as redesignated by paragraph (8)—
(A)in paragraph (1),
by striking which contracts
and inserting that
contracts
;
(B)by striking
paragraphs (2), (4), and (8);
(C)by redesignating
paragraph (3) as paragraph (2);
(D)by redesignating
paragraphs (5), (6), (7), (9), and (10) as paragraphs (4), (5), (6), (7), and
(8), respectively;
(E)by inserting
after paragraph (2), as redesignated by subparagraph (C), the following:
(3)
(A)The term local market, in the case of
noncommercial television broadcast stations, means the designated market area
in which a station is located, and, in the case of a noncommercial educational
television broadcast station, the market includes any station that is licensed
to a community within the same designated market area as the noncommercial
educational television broadcast station.
(B)In addition to the area described in subparagraph (A), a
station’s local market includes the county in which the station’s community of
license is located.
(C)For purposes of subparagraph (A), the term
designated market area means a designated market area, as
determined by Nielsen Media Research and published in the 1999–2000 Nielsen
Station Index Directory and Nielsen Station Index United States Television
Household Estimates or any successor publication.
(D)Certain areas
outside of any designated market areaAny census area, borough,
or other area in the State of Alaska that is outside of a designated market
area, as determined by Nielsen Media Research, shall be deemed to be part of
one of the local markets in the State of Alaska. A satellite carrier may
determine which local market in the State of Alaska will be deemed to be the
relevant local market in connection with each subscriber in such census area,
borough, or other
area.
;
(F)in paragraph (6),
as redesignated by subparagraph (D), by striking has the meaning
and all that follows and inserting means an entity that uses the
facilities of a satellite or satellite service licensed by the Commission and
operates in the Fixed-Satellite Service under part 25 of title 47, Code of
Federal Regulations, or the Direct Broadcast Satellite Service under part 100
of title 47, Code of Federal Regulations, to establish and operate a channel of
communications for point-to-multipoint distribution of television station
signals, and that owns or leases a capacity or service on a satellite in order
to provide such point-to-multipoint distribution, except to the extent that
such entity provides such distribution pursuant to tariff under this Act, other
than for private home viewing pursuant to this section.
;
(G)in paragraph (7),
as redesignated by subparagraph (D), by striking has the meaning
and all that follows and inserting means a person or entity that
receives a secondary transmission service from a satellite carrier and pays a
fee for the service, directly or indirectly, to the satellite carrier or to a
distributor.
; and
(H)in paragraph (8),
as redesignated by subparagraph (D), by striking has the meaning
and all that follows and inserting means an over-the-air commercial or
noncommercial television broadcast station licensed by the Commission under
subpart E of part 73 of title 47, Code of Federal Regulations, except that such
term does not include a low-power or translator television
station.
.
(12)Section 623 of the Communications Act of 1934 (47 U.S.C. 543)
is amended to read as follows:
623.Regulation of
rates and broadcast signal carriageNo Federal agency, State, or franchising
authority may regulate—
(1)the rates for the provision of the service
of a multichannel video programming distributor; or
(2)the
retransmission of television broadcast signals by a multichannel video
programming distributor, except in accordance with the requirements of sections
338 and 615 relating to qualified noncommercial educational television
stations.
.
(d)
(1)Section 336(b)(3) of the Communications Act of 1934 (47
U.S.C. 336(b)(3)) is amended by striking 614 or
.
(2)
(A)Section 613 of the Communications Act of 1934 (47 U.S.C.
533) is amended—
(i)by
striking subsection (a); and
(ii)by
redesignating subsections (c) through (h) as subsections (a) through (f),
respectively.
(B)Section 653(c)(1)(A) of the Communications Act of 1934
(47 U.S.C. 573(c)(1)(A)) is amended by striking (other than subsection
(a) thereof)
.
(3)Section 615 of the Communications Act of 1934 (47 U.S.C. 535)
is amended—
(A)in subsection
(a), by striking In addition to the carriage requirements set forth in
section 614, each
and inserting Each
;
(B)by striking
subsection (f);
(C)by redesignating
subsections (g) through (l) as subsections (f) through (k),
respectively;
(D)in subsection
(g), as redesignated by subparagraph (C), by striking that includes the
retransmission of local commercial television broadcast signals
;
(E)in subsection
(h), as redesignated by subparagraph (C)—
(i)in
paragraph (1), by striking (1)
In general.—A
cable
and inserting A cable
; and
(ii)by
striking paragraph (2); and
(F)in subsection
(k)(1)(A), as redesignated by subparagraph (C)—
(i)in
clause (i)—
(I)by striking
(i)
; and
(II)by striking
; and
and inserting ; or
; and
(ii)by
striking clause (ii).
(4)Section 621(b)(3)(D) of the Communications Act of 1934 (47
U.S.C. 541(b)(3)(D)) is amended by striking sections 611 and 612
and inserting section 611
.
(5)Section 622(c) of the Communications Act of 1934 (47 U.S.C.
542(c)) is amended in the matter preceding paragraph (1), by striking ,
consistent with the regulations prescribed by the Commission pursuant to
section 623
.
(6)Section 625(d) of the Communications Act of 1934 (47 U.S.C.
544(d)) is amended by striking , if the rates
and all that
follows through section 623
.
(7)Section 632(c) of the Communications Act of 1934 (47 U.S.C.
552(c)) is amended in the second sentence by striking Notwithstanding
section 623(b)(6) or any other provision of this Act, a cable
and
inserting A cable
.
(8)Section 635(c) of the Communications Act of 1934 (47 U.S.C.
555(c)) is amended by striking 614 or
each place it
appears.
(9)Section 638 of the Communications Act of 1934 (47 U.S.C. 558)
is amended by striking or on any other channel obtained under section
612 or under similar arrangements
.
(10)Section 653 of the Communications Act of 1934 (47 U.S.C. 573)
is amended—
(A)in subsection
(b)(1)—
(i)in
subparagraph (A), by striking , 614
; and
(ii)in
subparagraph (C), by adding and
at the end;
(iii)by striking
subparagraph (D); and
(iv)by
redesignating subparagraph (E) as subparagraph (D); and
(B)in subsection
(c)(1)—
(i)in
subparagraph (A), by striking , 623(f)
;
(ii)in
subparagraph (B)—
(I)by striking
, 614,
; and
(II)by striking
, section 325 of title III,
; and
(iii)in subparagraph
(C)—
(I)by striking
sections 612 and 617
and inserting section 617
;
and
(II)by striking
section 623(f)
.
3.Repeal of
regulatory intervention in the television marketplace under the Copyright
Act
(a)Sections 119 and 122 of title 17, United States Code are
repealed.
(b)Section
111 of title 17, United States Code, is amended—
(1)in subsection
(a)—
(A)in paragraph
(1)—
(i)by
striking local service area of such station
and inserting
designated market area (as defined in section 501(f)(2))
;
and
(ii)by
striking or
after the semicolon;
(B)in paragraph (2),
by striking the or
after the semicolon; and
(C)by amending
paragraph (4) to read as follows:
(4)the secondary
transmission—
(A)is made
by—
(i)a
cable system in accordance with section 615 of the Communications Act of
1934;
(ii)a satellite
carrier in accordance with section 338 of the Communications Act of 1934;
or
(iii)a cable system
or satellite carrier of any other qualified noncommercial educational
television broadcast station, as defined in section 615 of the Communications
Act of 1934, if such cable operator or satellite carrier was making such
secondary transmission pursuant to section 111 or 119, respectively, prior to
the date of enactment of the Next Generation Television Marketplace Act;
and
(B)is consistent
with the rules, regulations, and authorizations of the Federal Communications
Commission;
or
;
(2)in subsection
(b), in the matter preceding paragraph (1), by striking subsections (a)
and (c)
and inserting subsection (a)
;
(3)by striking
subsections (c), (d), and (e);
(4)by redesignating
subsection (f) as subsection (c); and
(5)in subsection
(c), as redesignated by paragraph (4)—
(A)in paragraph (3),
by striking the second sentence;
(B)by striking
paragraphs (4) through (13); and
(C)by adding at the
end the following:
(4)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
under part 25 of title 47, Code of Federal Regulations, or the Direct Broadcast
Satellite Service under part 100 of title 47, Code of Federal Regulations, to
establish and operate a channel of communications for point-to-multipoint
distribution of television station signals, and that owns or leases a capacity
or service on a satellite in order to provide such point-to-multipoint
distribution, except to the extent that such entity provides such distribution
pursuant to tariff under the Communications Act of 1934, other than for private
home viewing pursuant to this
section.
.
(c)Title 17, United States Code, is amended—
(1)in the table of
sections for chapter 1, by striking—
(A)the item relating
to section 119; and
(B)the item relating
to section 122;
(2)in section 106,
in the matter preceding paragraph (1), by striking 122
and
inserting 121
;
(3)in section
110(8), by striking section 111(f)
and inserting section
111(c)
;
(4)in the table of
sections for chapter 5, by striking the item relating to section 510;
(5)in section
501—
(A)in subsection
(a), by striking 122
and inserting 121
;
(B)by striking
subsections (c), (d), (e), and (f); and
(C)by adding at the
end the following:
(c)(1)With respect to any
secondary transmission that is made by a cable system or by a satellite carrier
of a performance or display of a work embodied in a primary transmission and is
actionable as an act of infringement under section 111, a television broadcast
station holding a copyright or other license to transmit or perform the same
version of that work shall, for purposes of subsection (b), be treated as a
legal or beneficial owner if such secondary transmission occurs within the
designated market area of that station.
(2)For purposes of this subsection, the
term designated market area means a designated market area, as
determined by Nielsen Media Research and published in the 1999–2000 Nielsen
Station Index Directory and Nielsen Station Index United States Television
Household Estimates or any successor
publication.
;
(6)by striking
section 510;
(7)in section
511(a), by striking 122
and inserting 121
;
(8)in section
708(a)—
(A)in paragraph (8),
by adding and
at the end;
(B)in paragraph (9),
by striking the semicolon at the end and inserting a period;
(C)by striking
paragraphs (10) and (11); and
(D)in the flush text
at the end, by striking Fees established under paragraphs (10) and (11)
shall be reasonable and may not exceed one-half of the cost necessary to cover
reasonable expenses incurred by the Copyright Office for the collection and
administration of the statements of account and any royalty fees deposited with
such statements.
;
(9)in section
801—
(A)by striking
sections 111, 119, and
each place it appears and inserting
section
;
(B)by striking
111, 119, or
each place it appears; and
(C)in subsection
(b)—
(i)in
paragraph (1), in the matter preceding subparagraph (A), by striking
119,
;
(ii)by
striking paragraph (2);
(iii)by
redesignating paragraphs (3) through (8) as paragraphs (2) through (7),
respectively; and
(iv)in
paragraph (2), as redesignated by clause (iii)—
(I)in subparagraph
(B), by striking , as the case may be
; and
(II)in subparagraph
(C), by striking section 804(b)(8)
and inserting section
804(b)(7)
;
(10)in section
803—
(A)in subsection
(b)(1)(A)(i)—
(i)in
the matter preceding subclause (I)—
(I)by striking
111,
; and
(II)by striking
119,
;
(ii)in
subclause (V), by striking , except that the publication of notice
requirement shall not apply in the case of proceedings under section 111 that
are scheduled to commence in 2005
;
(B)in subsection
(d)(2)(C)(i)—
(i)by
striking 111,
; and
(ii)by
striking 119,
; and
(C)in subsection
(e)(2)—
(i)by
striking 111,
; and
(ii)by
striking 119,
; and
(D)in section
804—
(i)in
subsection (a)—
(I)by striking
paragraphs (1) and (2) of section 801(b)
and inserting
section 801(b)(1)
;
(II)by striking
111,
; and
(III)by striking
119,
; and
(ii)in
subsection (b)—
(I)by striking
paragraph (1);
(II)by redesignating
paragraphs (2) through (8) as paragraphs (1) through (7), respectively;
and
(III)in paragraph
(7), as redesignated by subclause (II)—
- (aa)by
striking
section 801(b)(3)
and inserting section
801(b)(2)
; and
- (bb)by
striking
111, 119, or
.
4.Repeal of
Commission rules relating to regulatory interventionThe Federal Communications Commission shall
take all actions necessary to—
(1)repeal section 73.658 of title 47 of the
Code of Federal Regulations;
(2)repeal subpart D
of part 76 of title 47 of the Code of Federal Regulations;
(3)repeal subpart F
of part 76 of title 47 of the Code of Federal Regulations; and
(4)modify the
broadcast ownership limitations set forth in section 73.3555 of title 47 of the
Code of Federal Regulations by eliminating—
(A)the restrictions
on the number of broadcast television stations that a person or entity may
directly or indirectly own, operate, or control in the same designated market
area (as such term is defined under section 501(f)(2) of title 17, United
States Code, as described in subsection (b) of such section 73.3555;
(B)the
radio-television cross-ownership rule, as described in subsection (c) of such
section 73.3555; and
(C)the limitations
on the direct or indirect ownership, operation, or control of a broadcast
television station by a person or entity that directly or indirectly owns,
operates, or controls a daily newspaper, as that term was defined in note 6 to
such section 73.3555 in effect on October 1, 2011, as described in subsection
(d) of such section 73.3555.
5.
(a)Congress finds and declares that the enactment of this
Act will change laws that have provided the basis for certain contracts,
understandings, and arrangements related to retransmission consent and the
distribution of video programming entered into prior to the enactment of this
Act and that, accordingly, certain transitional measures are necessary to
preserve an orderly marketplace for the provision of video programming to
consumers.
(b)
(1)No contract, understanding, or arrangement for the
retransmission consent shall be entered into pursuant to section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) after the date of enactment of
this Act.
(2)Extension of
prior contractsAny contract, understanding, or arrangement for
retransmission consent entered into pursuant to section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) prior to the date of enactment of
this Act, which by the terms of the contract, understanding, or arrangement
expires before July 1, 2014, shall be deemed to be extended through July 1,
2014 based on the terms of the contract, understanding, or arrangement in
effect on the date before the expiration date of the contract, understanding,
or arrangement.
(3)Expiration of
prior contractsNo contract, understanding, or arrangement for
retransmission consent entered into pursuant to section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) before the date of enactment of
this Act shall be enforceable by any person or entity after July 1,
2014.
(c)Continued
collection and distribution of previously due
royaltiesNotwithstanding section 5, the collection and
distribution of royalties due for secondary transmissions made pursuant to
sections 111 and 119 of title 17, United States Code, prior to July 1, 2014,
shall continue to be governed by such title and the rules of the Register of
Copyrights and Copyright Royalty Judges as in effect prior to the date of
enactment of this Act until such time as the Register certifies that all
royalties collected pursuant to such provisions have been distributed.
6.Except as provided in
section 5, this Act and the amendments made by this Act, shall take effect on
July 1, 2014.