[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5728 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5728

  To amend the Communications Act of 1934 and title 17, United States 
 Code, to extend expiring provisions relating to the retransmission of 
   signals of television broadcast stations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2014

    Mr. Upton (for himself, Mr. Waxman, Mr. Walden, and Ms. Eshoo) 
 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 amend the Communications Act of 1934 and title 17, United States 
 Code, to extend expiring provisions relating to the retransmission of 
   signals of television broadcast stations, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``STELA 
Reauthorization Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. No additional appropriations authorized.
                   TITLE I--COMMUNICATIONS PROVISIONS

Sec. 101. Extension of authority.
Sec. 102. Modification of television markets to further consumer access 
                            to relevant television programming.
Sec. 103. Consumer protections in retransmission consent.
Sec. 104. Delayed application of JSA attribution rule.
Sec. 105. Deletion or repositioning of stations during certain periods.
Sec. 106. Repeal of integration ban.
Sec. 107. Report on communications implications of statutory licensing 
                            modifications.
Sec. 108. Local network channel broadcast reports.
Sec. 109. Report on designated market areas.
Sec. 110. Update to cable rates report.
Sec. 111. Administrative reforms to effective competition petitions.
Sec. 112. Definitions.
                     TITLE II--COPYRIGHT PROVISIONS

Sec. 201. Reauthorization.
Sec. 202. Termination of license.
Sec. 203. Local service area of a primary transmitter.
Sec. 204. Market determinations.
                        TITLE III--SEVERABILITY

Sec. 301. Severability.

SEC. 2. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.

    No additional funds are authorized to carry out this Act, or the 
amendments made by this Act. This Act, and the amendments made by this 
Act, shall be carried out using amounts otherwise authorized or 
appropriated.

                   TITLE I--COMMUNICATIONS PROVISIONS

SEC. 101. EXTENSION OF AUTHORITY.

    Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 
is amended--
            (1) in paragraph (2)(C), by striking ``December 31, 2014'' 
        and inserting ``December 31, 2019''; and
            (2) in paragraph (3)(C), by striking ``January 1, 2015'' 
        each place it appears and inserting ``January 1, 2020''.

SEC. 102. MODIFICATION OF TELEVISION MARKETS TO FURTHER CONSUMER ACCESS 
              TO RELEVANT TELEVISION PROGRAMMING.

    (a) In General.--Section 338 of the Communications Act of 1934 (47 
U.S.C. 338) is amended by adding at the end the following:
    ``(l) Market Determinations.--
            ``(1) In general.--Following a written request, the 
        Commission may, with respect to a particular commercial 
        television broadcast station, include additional communities 
        within its local market or exclude communities from such 
        station's local market to better effectuate the purposes of 
        this section.
            ``(2) Considerations.--In considering requests filed under 
        paragraph (1), the Commission--
                    ``(A) may determine that particular communities are 
                part of more than one local market; and
                    ``(B) shall afford particular attention to the 
                value of localism by taking into account such factors 
                as--
                            ``(i) whether the station, or other 
                        stations located in the same area--
                                    ``(I) have been historically 
                                carried on the cable system or systems 
                                within such community; or
                                    ``(II) have been historically 
                                carried on the satellite carrier or 
                                carriers serving such community;
                            ``(ii) whether the television station 
                        provides coverage or other local service to 
                        such community;
                            ``(iii) whether modifying the local market 
                        of the television station would promote 
                        consumers' access to television broadcast 
                        station signals that originate in their State 
                        of residence;
                            ``(iv) whether any other television station 
                        that is eligible to be carried by a satellite 
                        carrier in such community in fulfillment of the 
                        requirements of this section provides news 
                        coverage of issues of concern to such community 
                        or provides carriage or coverage of sporting 
                        and other events of interest to the community; 
                        and
                            ``(v) evidence of viewing patterns in 
                        households that subscribe and do not subscribe 
                        to the services offered by multichannel video 
                        programming distributors within the areas 
                        served by such multichannel video programming 
                        distributors in such community.
            ``(3) Carriage of signals.--
                    ``(A) Carriage obligation.--A market determination 
                under this subsection shall not create additional 
                carriage obligations for a satellite carrier if it is 
                not technically and economically feasible for such 
                carrier to accomplish such carriage by means of its 
                satellites in operation at the time of the 
                determination.
                    ``(B) Deletion of signals.--A satellite carrier 
                shall not delete from carriage the signal of a 
                commercial television broadcast station during the 
                pendency of any proceeding under this subsection.
            ``(4) Determinations.--Not later than 120 days after the 
        date that a written request is filed under paragraph (1), the 
        Commission shall grant or deny the request.
            ``(5) No effect on eligibility to receive distant 
        signals.--No modification of a commercial television broadcast 
        station's local market pursuant to this subsection shall have 
        any effect on the eligibility of households in the community 
        affected by such modification to receive distant signals 
        pursuant to section 339, notwithstanding subsection (h)(1) of 
        this section.''.
    (b) Conforming Amendments.--Section 614(h)(1)(C) of the 
Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) is amended--
            (1) in clause (ii)--
                    (A) in subclause (I), by striking ``community'' and 
                inserting ``community or on the satellite carrier or 
                carriers serving such community'';
                    (B) by redesignating subclauses (III) and (IV) as 
                subclauses (IV) and (V), respectively;
                    (C) by inserting after subclause (II) the 
                following:
                            ``(III) whether modifying the market of the 
                        television station would promote consumers' 
                        access to television broadcast station signals 
                        that originate in their State of residence;''; 
                        and
                    (D) by amending subclause (V), as redesignated, to 
                read as follows:
                            ``(V) evidence of viewing patterns in 
                        households that subscribe and do not subscribe 
                        to the services offered by multichannel video 
                        programming distributors within the areas 
                        served by such multichannel video programming 
                        distributors in such community.''; and
            (2) by moving the margin of clause (iv) 2 ems to the left.
    (c) Market Modification Process.--The Commission shall make 
information available to consumers on its website that explains the 
market modification process, including--
            (1) who may petition to include additional communities 
        within, or exclude communities from, a--
                    (A) local market (as defined in section 122(j) of 
                title 17, United States Code); or
                    (B) television market (as determined under section 
                614(h)(1)(C) of the Communications Act of 1934 (47 
                U.S.C. 534(h)(1)(C))); and
            (2) the factors that the Commission takes into account when 
        responding to a petition described in paragraph (1).
    (d) Implementation.--
            (1) Deadline for regulations.--Not later than 9 months 
        after the date of the enactment of this Act, the Commission 
        shall promulgate regulations to implement this section and the 
        amendments made by this section.
            (2) Matters for consideration.--As part of the rulemaking 
        required by paragraph (1), the Commission shall ensure that 
        procedures for the filing and consideration of a written 
        request under sections 338(l) and 614(h)(1)(C) of the 
        Communications Act of 1934 (47 U.S.C. 338(l); 534(h)(1)(C)) 
        fully effectuate the purposes of the amendments made by this 
        section, and update what it considers to be a community for 
        purposes of a modification of a market under section 338(l) or 
        614(h)(1)(C) of the Communications Act of 1934.

SEC. 103. CONSUMER PROTECTIONS IN RETRANSMISSION CONSENT.

    (a) Joint Retransmission Consent Negotiations.--Section 
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) 
is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(iv) prohibit a television broadcast station from 
        coordinating negotiations or negotiating on a joint basis with 
        another television broadcast station in the same local market 
        (as defined in section 122(j) of title 17, United States Code) 
        to grant retransmission consent under this section to a 
        multichannel video programming distributor, unless such 
        stations are directly or indirectly under common de jure 
        control permitted under the regulations of the Commission; 
        and''.
    (b) Protections for Significantly Viewed and Other Television 
Signals.--Section 325(b)(3)(C) of the Communications Act of 1934 (47 
U.S.C. 325(b)(3)(C)) is further amended by adding at the end the 
following:
            ``(v) prohibit a television broadcast station from limiting 
        the ability of a multichannel video programming distributor to 
        carry into the local market (as defined in section 122(j) of 
        title 17, United States Code) of such station a television 
        signal that has been deemed significantly viewed, within the 
        meaning of section 76.54 of title 47, Code of Federal 
        Regulations, or any successor regulation, or any other 
        television broadcast signal such distributor is authorized to 
        carry under section 338, 339, 340, or 614 of this Act, unless 
        such stations are directly or indirectly under common de jure 
        control permitted by the Commission.''.
    (c) Good Faith.--Not later than 9 months after the date of the 
enactment of this Act, the Commission shall commence a rulemaking to 
review its totality of the circumstances test for good faith 
negotiations under clauses (ii) and (iii) of section 325(b)(3)(C) of 
the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)).
    (d) Margin Corrections.--Section 325(b) of the Communications Act 
of 1934 (47 U.S.C. 325(b)) is further amended--
            (1) in paragraph (3)(C), by moving the margin of clause 
        (iii) 4 ems to the left; and
            (2) by moving the margin of paragraph (7) 2 ems to the 
        left.
    (e) Deadline for Regulations.--Not later than 9 months after the 
date of the enactment of this Act, the Commission shall promulgate 
regulations to implement the amendments made by this section.

SEC. 104. DELAYED APPLICATION OF JSA ATTRIBUTION RULE.

    A party to a joint sales agreement (as defined in Note 2(k) to 
section 73.3555 of title 47, Code of Federal Regulations) that is in 
effect on the effective date of the amendment to Note 2(k)(2) to such 
section made by the Further Notice of Proposed Rulemaking and Report 
and Order adopted by the Commission on March 31, 2014 (FCC 14-28), 
shall not be considered to be in violation of the ownership limitations 
of such section by reason of the application of the rule in such Note 
2(k)(2) (as so amended) to such agreement before the date that is 6 
months after the end of the period specified by the Commission in such 
Report and Order for such a party to come into compliance with such 
ownership limitations.

SEC. 105. DELETION OR REPOSITIONING OF STATIONS DURING CERTAIN PERIODS.

    (a) In General.--Section 614(b)(9) of the Communications Act of 
1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence.
    (b) Revision of Rules.--Not later than 90 days after the date of 
the enactment of this Act, the Commission shall revise section 76.1601 
of its rules (47 C.F.R. 76.1601) and any note to such section by 
removing the prohibition against deletion or repositioning of a local 
commercial television station during a period in which major television 
ratings services measure the size of audiences of local television 
stations.

SEC. 106. REPEAL OF INTEGRATION BAN.

    (a) Termination of Effectiveness.--The second sentence of section 
76.1204(a)(1) of title 47, Code of Federal Regulations, terminates 
effective on the date that is 1 year after the date of the enactment of 
this Act.
    (b) Removal From Rules.--Not later than 545 days after the date of 
the enactment of this Act, the Commission shall complete all actions 
necessary to remove the sentence described in subsection (a) from its 
rules.
    (c) Preservation of Waivers.--Any waiver of section 76.1204(a)(1) 
of title 47, Code of Federal Regulations, in effect as of the date of 
the enactment of this Act or granted after such date shall be extended 
through December 31, 2015.
    (d) Working Group.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of this Act, the Chairman of the Commission shall 
        establish a working group of technical experts representing a 
        wide range of stakeholders, to identify, report, and recommend 
        performance objectives, technical capabilities, and technical 
        standards of a not unduly burdensome, uniform, and technology- 
        and platform-neutral software-based downloadable security 
        system designed to promote the competitive availability of 
        navigation devices in furtherance of section 629 of the 
        Communications Act of 1934 (47 U.S.C. 549).
            (2) Report.--Not later than 9 months after the date of the 
        enactment of this Act, the working group shall file a report 
        with the Commission on its work under paragraph (1).
            (3) Commission assistance.--The Chairman of the Commission 
        may appoint a member of the Commission's staff--
                    (A) to moderate and direct the work of the working 
                group under this subsection; and
                    (B) to provide technical assistance to members of 
                the working group, as appropriate.
            (4) Initial meeting.--The initial meeting of the working 
        group shall take place not later than 90 days after the date of 
        the enactment of this Act.

SEC. 107. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING 
              MODIFICATIONS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study that analyzes and evaluates the changes to the carriage 
requirements currently imposed on multichannel video programming 
distributors under the Communications Act of 1934 (47 U.S.C. 151 et 
seq.) and the regulations promulgated by the Commission that would be 
required or beneficial to consumers, and such other matters as the 
Comptroller General considers appropriate, if Congress implemented a 
phase-out of the current statutory licensing requirements set forth 
under sections 111, 119, and 122 of title 17, United States Code. Among 
other things, the study shall consider the impact such a phase-out and 
related changes to carriage requirements would have on consumer prices 
and access to programming.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
appropriate congressional committees a report on the results of the 
study conducted under subsection (a), including any recommendations for 
legislative or administrative actions. Such report shall also include a 
discussion of any differences between such results and the results of 
the study conducted under section 303 of the Satellite Television 
Extension and Localism Act of 2010 (124 Stat. 1255).

SEC. 108. LOCAL NETWORK CHANNEL BROADCAST REPORTS.

    (a) Requirement.--
            (1) In general.--On the 270th day after the date of the 
        enactment of this Act, and on each succeeding anniversary of 
        such 270th day, each satellite carrier shall submit an annual 
        report to the Commission setting forth--
                    (A) each local market in which it--
                            (i) retransmits signals of 1 or more 
                        television broadcast stations with a community 
                        of license in that market;
                            (ii) has commenced providing such signals 
                        in the preceding 1-year period; and
                            (iii) has ceased to provide such signals in 
                        the preceding 1-year period; and
                    (B) detailed information regarding the use and 
                potential use of satellite capacity for the 
                retransmission of local signals in each local market.
            (2) Termination.--The requirement under paragraph (1) shall 
        cease after each satellite carrier has submitted 5 reports 
        under such paragraph.
    (b) Definitions.--In this section--
            (1) the terms ``local market'' and ``satellite carrier'' 
        have the meaning given such terms in section 339(d) of the 
        Communications Act of 1934 (47 U.S.C. 339(d)); and
            (2) the term ``television broadcast station'' has the 
        meaning given such term in section 325(b)(7) of the 
        Communications Act of 1934 (47 U.S.C. 325(b)(7)).

SEC. 109. REPORT ON DESIGNATED MARKET AREAS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to the appropriate 
congressional committees a report that contains--
            (1) an analysis of--
                    (A) the extent to which consumers in each local 
                market have access to broadcast programming from 
                television broadcast stations located outside their 
                local market, including through carriage by cable 
                operators and satellite carriers of signals that are 
                significantly viewed (within the meaning of section 340 
                of the Communications Act of 1934 (47 U.S.C. 340)); and
                    (B) whether there are technologically and 
                economically feasible alternatives to the use of 
                designated market areas to define markets that would 
                provide consumers with more programming options and the 
                potential impact such alternatives could have on 
                localism and on broadcast television locally, 
                regionally, and nationally; and
            (2) recommendations on how to foster increased localism in 
        counties served by out-of-State designated market areas.
    (b) Considerations for Fostering Increased Localism.--In making 
recommendations under subsection (a)(2), the Commission shall 
consider--
            (1) the impact that designated market areas that cross 
        State lines have on access to local programming;
            (2) the impact that designated market areas have on local 
        programming in rural areas; and
            (3) the state of local programming in States served 
        exclusively by out-of-State designated market areas.

SEC. 110. UPDATE TO CABLE RATES REPORT.

    Section 623(k) of the Communications Act of 1934 (47 U.S.C. 543(k)) 
is amended to read as follows:
    ``(k) Reports on Average Prices.--
            ``(1) In general.--The Commission shall annually publish 
        statistical reports on the average rates for basic cable 
        service and other cable programming, and for converter boxes, 
        remote control units, and other equipment of cable systems that 
        the Commission has found are subject to effective competition 
        under subsection (a)(2) compared with cable systems that the 
        Commission has found are not subject to such effective 
        competition.
            ``(2) Inclusion in annual report.--
                    ``(A) In general.--The Commission shall include in 
                its report under paragraph (1) the aggregate average 
                total amount paid by cable systems in compensation 
                under section 325.
                    ``(B) Form.--The Commission shall publish 
                information under this paragraph in a manner 
                substantially similar to the way other comparable 
                information is published in such report.''.

SEC. 111. ADMINISTRATIVE REFORMS TO EFFECTIVE COMPETITION PETITIONS.

    Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is 
amended by adding at the end the following:
    ``(o) Streamlined Petition Process for Small Cable Operators.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this subsection, the Commission shall 
        complete a rulemaking to establish a streamlined process for 
        filing of an effective competition petition pursuant to this 
        section for small cable operators, particularly those who serve 
        primarily rural areas.
            ``(2) Construction.--Nothing in this subsection shall be 
        construed to have any effect on the duty of a small cable 
        operator to prove the existence of effective competition under 
        this section.
            ``(3) Definition of small cable operator.--In this 
        subsection, the term `small cable operator' has the meaning 
        given the term in subsection (m)(2).''.

SEC. 112. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Energy and Commerce and the Committee on the Judiciary of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation and the Committee on the Judiciary 
        of the Senate.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.

                     TITLE II--COPYRIGHT PROVISIONS

SEC. 201. REAUTHORIZATION.

    Chapter 1 of title 17, United States Code, is amended--
            (1) in section 111(d)(3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``clause'' and inserting ``paragraph''; and
                    (B) in subparagraph (B), by striking ``clause'' and 
                inserting ``paragraph''; and
            (2) in section 119--
                    (A) in subsection (c)(1)(E), by striking ``2014'' 
                and inserting ``2019''; and
                    (B) in subsection (e), by striking ``2014'' and 
                inserting ``2019''.

SEC. 202. TERMINATION OF LICENSE.

    (a) In General.--Section 119 of title 17, United States Code, as 
amended in section 201, is amended by adding at the end the following:
    ``(h) Termination of License.--This section shall cease to be 
effective on December 31, 2019.''.
    (b) Conforming Amendment.--Section 107(a) of the Satellite 
Television Extension and Localism Act of 2010 (17 U.S.C. 119 note) is 
repealed.

SEC. 203. LOCAL SERVICE AREA OF A PRIMARY TRANSMITTER.

    Section 111(f)(4) of title 17, United States Code, is amended, in 
the second sentence--
            (1) by inserting ``as defined by the rules and regulations 
        of the Federal Communications Commission,'' after ``television 
        station,'';
            (2) by striking ``comprises the area within 35 miles of the 
        transmitter site, except that'' and inserting ``comprises the 
        designated market area, as defined in section 122(j)(2)(C), 
        that encompasses the community of license of such station and 
        any community that is located outside such designated market 
        area that is either wholly or partially within 35 miles of the 
        transmitter site or,''; and
            (3) by striking ``the number of miles shall be 20 miles'' 
        and inserting ``wholly or partially within 20 miles of such 
        transmitter site''.

SEC. 204. MARKET DETERMINATIONS.

    Section 122(j)(2) of title 17, United States Code, is amended--
            (1) by moving the margins of subparagraphs (B), (C), and 
        (D) 2 ems to the left; and
            (2) by adding at the end the following:
                    ``(E) Market determinations.--The local market of a 
                commercial television broadcast station may be modified 
                by the Federal Communications Commission in accordance 
                with section 338(l) of the Communications Act of 1934 
                (47 U.S.C. 338).''.

                        TITLE III--SEVERABILITY

SEC. 301. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provision 
or amendment to any person or circumstance shall not be affected 
thereby.
                                 <all>