[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3719 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3719

 To amend the Communications Act of 1934 to facilitate retransmission 
    consent negotiations between television broadcast stations and 
    multichannel video programming distributors, to provide greater 
   subscriber choice in cable service tiers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

Ms. Eshoo (for herself and Ms. Lofgren) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to facilitate retransmission 
    consent negotiations between television broadcast stations and 
    multichannel video programming distributors, to provide greater 
   subscriber choice in cable service tiers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Video Consumers Have Options in 
Choosing Entertainment Act of 2013'' or the ``Video CHOICE Act of 
2013''.

SEC. 2. CARRIAGE DURING RETRANSMISSION CONSENT NEGOTIATION IMPASSE.

    Section 325(b)(3) of the Communications Act of 1934 (47 U.S.C. 
325(b)(3)) is amended by adding at the end the following:
    ``(D) If a negotiation for a replacement or extended retransmission 
consent agreement between a television broadcast station and a 
multichannel video programming distributor reaches an impasse that 
results in the expiration of the carriage rights of the multichannel 
video programming distributor, the Commission may, notwithstanding 
paragraph (1)(A), authorize interim carriage of such station by such 
distributor pending the conclusion of a new agreement.''.

SEC. 3. PROHIBITION OF AGREEMENTS CONDITIONED ON CARRIAGE OF AFFILIATED 
              PROGRAMMING.

    (a) In General.--Section 325(b) of the Communications Act of 1934 
(47 U.S.C. 325(b)) is amended by redesignating paragraph (7) as 
paragraph (8) and inserting after paragraph (6) the following:
    ``(7) A television broadcast station that elects to exercise its 
right to grant retransmission consent under this subsection may not 
enter into a retransmission consent agreement with a multichannel video 
programming distributor that is directly or indirectly conditioned on 
carriage of any other programming affiliated with such station (or with 
a person who owns or controls, is owned or controlled by, or is under 
common ownership or control with such station).''.
    (b) No Effect on Prior Agreements.--The amendment made by 
subsection (a) shall apply with respect to retransmission consent 
agreements entered into after the date of the enactment of this Act.

SEC. 4. RULEMAKING ON BLOCKING OF ONLINE CONTENT DURING NEGOTIATIONS.

    Not later than 6 months after the date of the enactment of this 
Act, the Federal Communications Commission shall complete a rulemaking 
proceeding to determine whether, during retransmission consent 
negotiations or after the parties to such negotiations reach an impasse 
resulting in the expiration of an existing retransmission consent 
agreement, the blocking of online content owned by or affiliated with a 
television broadcast station (or a person who owns or controls, is 
owned or controlled by, or is under common ownership or control with 
such station) constitutes a failure to negotiate in good faith under 
section 325(b)(3)(C)(ii) of the Communications Act of 1934 (47 U.S.C. 
325(b)(3)(C)(ii)).

SEC. 5. CABLE SERVICE TIERS.

    (a) Contents of Basic Service Tier.--Section 623(b)(7)(A) of the 
Communications Act of 1934 (47 U.S.C. 543(b)(7)(A)) is amended by 
striking clause (iii).
    (b) Retransmission Consent Service Tier.--
            (1) In general.--Section 623(b) of the Communications Act 
        of 1934 (47 U.S.C. 543(b)) is amended by adding at the end the 
        following:
            ``(9) Retransmission consent service tier.--
                    ``(A) In general.--Each cable operator of a cable 
                system shall offer its subscribers a separately 
                available retransmission consent service tier that 
                consists only of the signal of each television 
                broadcast station electing retransmission consent under 
                section 325(b) that is carried on the cable system.
                    ``(B) Subject to rate regulation.--The 
                retransmission consent service tier described in 
                subparagraph (A) shall be subject to rate regulation 
                under this Act to the same extent as the basic service 
                tier described in paragraph (7).''.
            (2) Prohibition on certain bundling.--Section 623(b)(8)(A) 
        of the Communications Act of 1934 (47 U.S.C. 543(b)(8)(A)) is 
        amended to read as follows:
                    ``(A) Prohibition.--A cable operator may not 
                require the subscription to any tier other than the 
                basic service tier required by paragraph (7) as a 
                condition of access to, or discriminate between 
                subscribers to the basic service tier and other 
                subscribers with regard to the rates charged for--
                            ``(i) video programming offered on a per 
                        channel or per program basis; or
                            ``(ii) the retransmission consent service 
                        tier described in paragraph (9).''.
            (3) Conforming amendment.--Section 623(a)(2)(A) of the 
        Communications Act of 1934 (47 U.S.C. 543(a)(2)(A)) is amended 
        by striking ``basic cable service'' and inserting ``the basic 
        service tier described in subsection (b)(7)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 6 months after the date of the enactment of 
this Act.

SEC. 6. FCC STUDY OF SPORTS PROGRAMMING COSTS.

    For the first year that begins after the date that is 6 months 
after the date of the enactment of this Act and each year thereafter, 
the Federal Communications Commission shall conduct a study and submit 
to Congress a report on the costs paid by multichannel video 
programming distributors (as defined in section 602 of the 
Communications Act of 1934 (47 U.S.C. 522)) for carriage of regional 
and national television sports networks in the top 20 regional sports 
markets, as determined by the Commission.
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