[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3720 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3720
To repeal certain provisions of the Communications Act of 1934, title
17 of the United States Code, and the regulations of the Federal
Communications Commission that intervened in the television
marketplace, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2013
Mr. Scalise (for himself and Mr. Gardner) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on the Judiciary, 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 repeal certain provisions of the Communications Act of 1934, title
17 of the United States Code, and the regulations of the Federal
Communications Commission that intervened in the television
marketplace, 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 ``Next Generation Television
Marketplace Act''.
SEC. 2. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE
UNDER THE COMMUNICATIONS ACT OF 1934.
(a) In General.--The following sections of the Communications Act
of 1934 (47 U.S.C. 151 et seq.) are hereby repealed: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) Additional Repeal.--Section 325 of the Communications Act of
1934 (47 U.S.C. 325) is amended--
(1) by striking subsections (b) and (e); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) Amendments.--
(1) Section 338.--Section 338 of the Communications Act of
1934 (47 U.S.C. 338) is amended to read as follows:
``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
``(a) Carriage Obligations.--
``(1) In general.--Each satellite carrier providing signals
of a qualified noncommercial educational television station in
that station's local market shall carry upon request the
signals of all qualified noncommercial educational television
stations located within that local market.
``(2) Low power station carriage optional.--No low power
television station shall be entitled to insist on carriage
under this section, nor shall any such carriage be considered
in connection with the requirements of subsection (c).
``(b) Good Signal Required.--A qualified noncommercial educational
television station asserting its right to carriage under subsection (a)
shall be required to bear the costs associated with delivering a good
quality signal to the designated local receive facility of the
satellite carrier or to another facility that is acceptable to at least
one-half the stations asserting the right to carriage in the local
market.
``(c) Duplication Not Required.--The Commission shall prescribe
regulations limiting the carriage requirements under subsection (a) of
satellite carriers with respect to the carriage of multiple qualified
noncommercial educational television stations. To the extent possible,
such regulations shall provide the same degree of carriage by satellite
carriers of such multiple stations as is provided by cable systems
under section 615.
``(d) Channel Positioning.--No satellite carrier shall be required
to provide the signal of a qualified noncommercial educational
television station to subscribers in that station's local market on any
particular channel number or to provide the signals in any particular
order, except that the satellite carrier shall retransmit the signal of
the qualified noncommercial educational television station to
subscribers in the station's local market on channels reasonably
contiguous with other television broadcast channels and provide access
to such station's signals at a nondiscriminatory price and in a
nondiscriminatory manner on any navigational device, on-screen program
guide, or menu.
``(e) Compensation for Carriage.--A satellite carrier shall not
accept or request monetary payment or other valuable consideration in
exchange either for carriage of qualified noncommercial educational
television stations in fulfillment of the requirements of this section
or for channel positioning rights provided to such stations under this
section, except that any such station may be required to bear the costs
associated with delivering a good quality signal to the local receive
facility of the satellite carrier.
``(f) Remedies.--
``(1) Complaints by broadcast stations.--Whenever a
qualified noncommercial educational television station believes
that a satellite carrier has failed to meet its obligations
under subsections (b) through (e), such station shall notify
the carrier, in writing, of the alleged failure and identify
its reasons for believing that the satellite carrier failed to
comply with such obligations. The satellite carrier shall,
within 30 days after such written notification, respond in
writing to such notification and comply with such obligations
or state its reasons for believing that it is in compliance
with such obligations. A qualified noncommercial educational
television station that disputes a response by a satellite
carrier that it is in compliance with such obligations may
obtain review of such denial or response by filing a complaint
with the Commission. Such complaint shall allege the manner in
which such satellite carrier has failed to meet its obligations
and the basis for such allegations.
``(2) Opportunity to respond.--The Commission shall afford
the satellite carrier against which a complaint is filed under
paragraph (1) an opportunity to present data and arguments to
establish that there has been no failure to meet its
obligations under this section.
``(3) Remedial actions; dismissal.--Within 120 days after
the date a complaint is filed under paragraph (1), the
Commission shall determine whether the satellite carrier has
met its obligations under subsections (b) through (e). If the
Commission determines that the satellite carrier has failed to
meet such obligations, the Commission shall order the satellite
carrier to take appropriate remedial action. If the Commission
determines that the satellite carrier has fully met the
requirements of such subsections, the Commission shall dismiss
the complaint.
``(g) Privacy Rights of Satellite Subscribers.--
``(1) Notice.--At the time of entering into an agreement to
provide any satellite service or other service to a subscriber
and at least once a year thereafter, a satellite carrier shall
provide notice in the form of a separate, written statement to
such subscriber that clearly and conspicuously informs the
subscriber of--
``(A) the nature of personally identifiable
information collected or to be collected with respect
to the subscriber and the nature of the use of such
information;
``(B) the nature, frequency, and purpose of any
disclosure which may be made of such information,
including an identification of the types of persons to
whom the disclosure may be made;
``(C) the period during which such information will
be maintained by the satellite carrier;
``(D) the times and place at which the subscriber
may have access to such information in accordance with
paragraph (5); and
``(E) the limitations provided by this subsection
with respect to the collection and disclosure of
information by a satellite carrier and the right of the
subscriber under paragraphs (7) and (9) to enforce such
limitations.
In the case of subscribers who have entered into such an
agreement before February 6, 2005, such notice shall be
provided within 180 days of such date and at least once a year
thereafter.
``(2) Definitions.--For purposes of this subsection, other
than paragraph (9)--
``(A) the term `personally identifiable
information' does not include any record of aggregate
data which does not identify particular persons;
``(B) 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; and
``(C) the term `satellite carrier' includes, in
addition to persons within the definition of satellite
carrier, any person who--
``(i) is owned or controlled by, or under
common ownership or control with, a satellite
carrier; and
``(ii) provides any wire or radio
communications service.
``(3) Prohibitions.--
``(A) Consent to collection.--Except as provided in
subparagraph (B), a satellite carrier shall not use any
facilities used by the satellite carrier to collect
personally identifiable information concerning any
subscriber without the prior written or electronic
consent of the subscriber concerned.
``(B) Exceptions.--A satellite carrier may use such
facilities to collect such information in order to--
``(i) obtain information necessary to
render a satellite service or other service
provided by the satellite carrier to the
subscriber; or
``(ii) detect unauthorized reception of
satellite communications.
``(4) Disclosure.--
``(A) Consent to disclosure.--Except as provided in
subparagraph (B), a satellite carrier shall not
disclose personally identifiable information concerning
any subscriber without the prior written or electronic
consent of the subscriber concerned and shall take such
actions as are necessary to prevent unauthorized access
to such information by a person other than the
subscriber or satellite carrier.
``(B) Exceptions.--A satellite carrier may disclose
such information if the disclosure is--
``(i) necessary to render, or conduct a
legitimate business activity related to, a
satellite service or other service provided by
the satellite carrier to the subscriber;
``(ii) subject to paragraph (9), made
pursuant to a court order authorizing such
disclosure, if the subscriber is notified of
such order by the person to whom the order is
directed;
``(iii) a disclosure of the names and
addresses of subscribers to any satellite
service or other service, if--
``(I) the satellite carrier has
provided the subscriber the opportunity
to prohibit or limit such disclosure;
and
``(II) the disclosure does not
reveal, directly or indirectly, the--
``(aa) extent of any
viewing or other use by the
subscriber of a satellite
service or other service
provided by the satellite
carrier; or
``(bb) the nature of any
transaction made by the
subscriber over any facilities
used by the satellite carrier;
or
``(iv) to a government entity as authorized
under chapter 119, 121, or 206 of title 18,
United States Code, except that such disclosure
shall not include records revealing satellite
subscriber selection of video programming from
a satellite carrier.
``(5) Access by subscriber.--A satellite subscriber shall
be provided access to all personally identifiable information
regarding that subscriber which is collected and maintained by
a satellite carrier. Such information shall be made available
to the subscriber at reasonable times and at a convenient place
designated by such satellite carrier. A satellite subscriber
shall be provided reasonable opportunity to correct any error
in such information.
``(6) Destruction of information.--A satellite carrier
shall destroy personally identifiable information if the
information is no longer necessary for the purpose for which it
was collected and there are no pending requests or orders for
access to such information under paragraph (5) or pursuant to a
court order.
``(7) Penalties.--Any person aggrieved by any act of a
satellite carrier in violation of this subsection may bring a
civil action in a United States district court. The court may
award--
``(A) actual damages but not less than liquidated
damages computed at the rate of $100 a day for each day
of violation or $1,000, whichever is higher;
``(B) punitive damages; and
``(C) reasonable attorneys' fees and other
litigation costs reasonably incurred.
The remedy provided by this subsection shall be in addition to
any other lawful remedy available to a satellite subscriber.
``(8) Rule of construction.--Nothing in this subsection
shall be construed to prohibit any State from enacting or
enforcing laws consistent with this subsection for the
protection of subscriber privacy.
``(9) Court orders.--Except as provided in paragraph
(4)(B)(iv), a governmental entity may obtain personally
identifiable information concerning a satellite subscriber
pursuant to a court order only if, in the court proceeding
relevant to such court order--
``(A) such entity offers clear and convincing
evidence that the subject of the information is
reasonably suspected of engaging in criminal activity
and that the information sought would be material
evidence in the case; and
``(B) the subject of the information is afforded
the opportunity to appear and contest such entity's
claim.
``(h) Regulations by Commission.--The regulations prescribed under
this section shall include requirements on satellite carriers that are
comparable to the requirements on cable operators under paragraphs (1)
and (2) of section 615(g).
``(i) Definitions.--As used in this section:
``(1) Distributor.--The term `distributor' means an entity
that contracts to distribute secondary transmissions from a
satellite carrier and, either as a single channel or in a
package with other programming, provides the secondary
transmission either directly to individual subscribers or
indirectly through other program distribution entities.
``(2) Local receive facility.--The term `local receive
facility' means the reception point in each local market which
a satellite carrier designates for delivery of the signal of
the station for purposes of retransmission.
``(3) Local market.--
``(A) In general.--The term `local market', in the
case of a qualified noncommercial educational
television station, means the designated market area in
which a station is located and includes any station
that is licensed to a community within the same
designated market area as such station.
``(B) County of license.--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) Designated market area.--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 area.--Any 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.
``(4) Low power television station.--The term `low power
television station' means a low power television station as
defined under section 74.701(f) of title 47, Code of Federal
Regulations, as in effect on June 1, 2004. For purposes of this
paragraph, the term `low power television station' includes a
low power television station that has been accorded primary
status as a Class A television licensee under section
73.6001(a) of title 47, Code of Federal Regulations.
``(5) Qualified noncommercial educational television
station.--The term `qualified noncommercial educational
television station' has the meaning given such term in section
615.
``(6) Satellite carrier.--The term `satellite carrier' has
the meaning given such term in section 111(c) of title 17,
United States Code.
``(7) Subscriber.--The term `subscriber' 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.''.
(2) Section 623.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended to read as follows:
``SEC. 623. REGULATION OF RATES AND BROADCAST SIGNAL CARRIAGE.
``No 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
related to qualified noncommercial educational television
stations.''.
(d) Conforming Amendments.--
(1) Section 309.--Section 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)''.
(2) Section 336.--Section 336(b)(3) of the Communications
Act of 1934 (47 U.S.C. 336(b)(3)) is amended by striking ``614
or''.
(3) Section 613.--Section 613 of the Communications Act of
1934 (47 U.S.C. 533) is amended by striking subsection (a).
(4) Section 615.--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); and
(C) in subsection (l), by striking paragraph (1)
and inserting the following:
``(1) Qualified noncommercial educational television
station.--
``(A) In general.--The term `qualified
noncommercial educational television station' means any
full-power television broadcast station which--
``(i) under the rules and regulations of
the Commission in effect on March 29, 1990, is
licensed by the Commission as a noncommercial
educational television broadcast station and is
owned and operated by a public agency,
nonprofit foundation, nonprofit corporation, or
nonprofit association; or
``(ii) is owned and operated by a
municipality and transmits predominantly
noncommercial programs for educational
purposes.
``(B) Inclusions.--Such term includes--
``(i) the translator of any noncommercial
educational television station with five watts
or higher power serving the franchise area;
``(ii) a full-service station or translator
if such station or translator is licensed to a
channel reserved for noncommercial educational
use pursuant to section 73.606 of title 47,
Code of Federal Regulations, or any successor
regulations thereto; and
``(iii) such stations and translators
operating on channels not so reserved as the
Commission determines are qualified as
noncommercial educational stations.''.
(5) Section 621.--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''.
(6) Section 622.--Section 622(c) of the Communications Act
of 1934 (47 U.S.C. 542(c)) is amended by striking ``pursuant to
section 623''.
(7) Section 625.--Section 625 of the Communications Act of
1934 (47 U.S.C. 545) is amended--
(A) in subsection (c)--
(i) by striking ``rearrange, replace,'' and
inserting ``replace'';
(ii) in paragraph (1), by striking ``; or''
and inserting a period;
(iii) by striking paragraph (2); and
(iv) by striking ``franchise if--'' and all
that follows through ``such service is no
longer'' and inserting ``franchise if such
service is no longer''; and
(B) in subsection (d), by striking ``, if the
rates'' and all that follows and inserting a period.
(8) Section 632.--Section 632(c) of the Communications Act
of 1934 (47 U.S.C. 552(c)) is amended by striking ``section
623(b)(6) or''.
(9) Section 635.--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.
(10) Section 638.--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''.
(11) Section 653.--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,'';
(ii) in subparagraph (C), by adding ``and''
at the end; and
(iii) by striking subparagraph (D) and
redesignating subparagraph (E) as subparagraph
(D); and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``(other than
subsection (a) thereof)''; and
(II) by striking ``623(f),'';
(ii) in subparagraph (B)--
(I) by striking ``, 614,''; and
(II) by striking ``, and 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 ``623(f),''.
SEC. 3. REPEAL OF REGULATORY INTERVENTION IN THE TELEVISION MARKETPLACE
UNDER THE COPYRIGHT ACT.
(a) In General.--
(1) Repeal.--Sections 119, 122, and 510 of title 17, United
States Code, are hereby repealed.
(2) Conforming amendments.--The table of sections at the
beginning of--
(A) chapter 1 of title 17, United States Code, is
amended by striking the items related to sections 119
and 122; and
(B) chapter 5 of title 17, United States Code, is
amended by striking the item related to section 510.
(b) Amendments.--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 ``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
(47 U.S.C. 535); or
``(ii) a satellite carrier in accordance
with section 338 of the Communications Act of
1934 (47 U.S.C. 338); and
``(B) is consistent with the rules, regulations,
and authorizations of the Federal Communications
Commission; or'';
(2) in subsection (b) 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 so redesignated--
(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 new
paragraphs:
``(4) Satellite carrier.--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 or the
Direct Broadcast Satellite Service under part 25 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 (47 U.S.C. 151 et seq.), other than
for private home viewing.
``(5) Private home viewing.--The term `private home
viewing' means the viewing, for private use in a household by
means of satellite reception equipment that is operated by an
individual in that household and that serves only such
household, of a secondary transmission delivered by a satellite
carrier of a primary transmission of a television station
licensed by the Federal Communications Commission.''.
(c) Conforming Amendments.--Title 17, United States Code, is
amended--
(1) in section 106, by striking ``122'' and inserting
``121'';
(2) in section 110(8), by striking ``section 111(f)'' and
inserting ``section 111(c)'';
(3) in section 114(d)(1)(B)(iii), by striking ``section
111(f)'' and inserting ``section 111(c)'';
(4) in section 501--
(A) in subsection (a), by striking ``122'' and
inserting ``121'';
(B) by striking subsections (c), (d), and (e); and
(C) by amending subsection (f) to read as follows:
``(f)(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.'';
(5) in section 511(a), by striking ``122'' and inserting
``121'';
(6) in section 708(a)--
(A) in paragraph (8), by inserting ``and'' after
the semicolon;
(B) in paragraph (9), by striking the semicolon and
inserting a period;
(C) by striking paragraphs (10) and (11); and
(D) 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.'';
(7) in section 801--
(A) in subsection (b)--
(i) in paragraph (1) by striking ``119,'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3), (4),
(5), (6), (7), and (8) as paragraphs (2), (3),
(4), (5), (6), and (7), respectively; and
(iv) in paragraph (2), as so redesignated--
(I) in subparagraph (A), by
striking ``, as the case may be,'';
(II) in subparagraph (B), by
striking ``, as the case may be''; and
(III) in subparagraph (C), by
striking ``section 804(b)(8)'' and
inserting ``section 804(b)(7)'';
(B) by striking ``sections 111, 119, and'' each
place it appears and inserting ``section''; and
(C) by striking ``111, 119, or'' each place it
appears;
(8) in section 803--
(A) in subsection (b)(1)(A)(i)--
(i) by striking ``111,'';
(ii) by striking ``119,''; and
(iii) 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 ``118, or 119'' and
inserting ``or 118''; and
(9) in section 804--
(A) in subsection (a)--
(i) by striking ``paragraphs (1) and (2)''
and inserting ``paragraph (1)'';
(ii) by striking ``111,''; and
(iii) by striking ``119,''; and
(B) in subsection (b)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2), (3),
(4), (5), (6), (7), and (8) as paragraphs (1),
(2), (3), (4), (5), (6), and (7), respectively;
and
(iii) in paragraph (7), as so
redesignated--
(I) by striking ``section
801(b)(3)'' and inserting ``section
801(b)(2)''; and
(II) by striking ``111, 119, or''.
SEC. 4. REPEAL OF COMMISSION'S RULES RELATED TO REGULATORY
INTERVENTION.
The Federal Communications Commission shall take all actions
necessary to--
(1) repeal section 73.658 of the Commission's rules (47 CFR
73.658);
(2) repeal subpart D of part 76 of the Commission's rules,
except to the extent such subpart relates to the carriage of
qualified noncommercial educational television stations
consistent with the amendments made by this Act;
(3) repeal subpart F of part 76 of the Commission's rules;
(4) modify subpart S of part 76 of the Commission's rules
by eliminating any requirements relating to network
nonduplication, syndicated exclusivity, and sports blackout for
open video systems; and
(5) modify the broadcast ownership limitations set forth in
section 73.3555 of the Commission's rules (47 CFR 73.3555) 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 paragraph (b) of such section
73.3555;
(B) the radio-television cross-ownership rule, as
described in paragraph (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
section 73.3555 of the Commission's rules (47 CFR
73.3555) in effect on October 1, 2011, as described in
paragraph (d) of such section 73.3555.
SEC. 5. EFFECTIVE DATE.
Except as provided in section 6, this Act, and the amendments made
by this Act, shall take effect on January 1, 2018.
SEC. 6. CONTINUED COLLECTION AND DISTRIBUTION OF PREVIOUSLY DUE
ROYALTIES.
Notwithstanding 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 January 1, 2018,
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.
<all>