[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 912 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 912

 To allow multichannel video programming distributors to provide video 
   programming to subscribers on an a la carte basis, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2013

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To allow multichannel video programming distributors to provide video 
   programming to subscribers on an a la carte basis, 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 ``Television Consumer Freedom Act of 
2013''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``a la carte'' means offering video 
        programming for purchase, whether on a wholesale or retail 
        basis, on an individual, per-channel basis rather than as part 
        of a package or tier of video programming;
            (2) the terms ``channel'', ``multichannel video programming 
        distributor'', and ``video programming'' have the meaning given 
        those terms in section 602 of the Communications Act of 1934 
        (47 U.S.C. 522);
            (3) the term ``Commission'' means the Federal 
        Communications Commission;
            (4) the term ``local commercial television station'' has 
        the meaning given that term in section 614(h) of the 
        Communications Act of 1934 (47 U.S.C. 534(h));
            (5) the term ``qualified local noncommercial educational 
        television station'' has the meaning given that term in section 
        615(l) of the Communications Act of 1934 (47 U.S.C. 535(l)); 
        and
            (6) the term ``video programming vendor'' has the meaning 
        given that term in section 76.1300 of subpart Q of part 76 of 
        subchapter C of chapter I of title 47, Code of Federal 
        Regulations (47 C.F.R. 76.1300).

SEC. 3. A LA CARTE CHANNELS OF VIDEO PROGRAMMING.

    (a) In General.--Except as provided in section 623(b)(7) of the 
Communications Act of 1934 (47 U.S.C. 543(b)(7)), and notwithstanding 
any other provision of law, or any regulation prescribed by the 
Commission, a multichannel video programming distributor may provide 
subscribers with any channel of video programming on an la carte basis.
    (b) Incentives To Offer Channels of Video Programming on an a La 
Carte Basis.--Notwithstanding any other provision of law, or regulation 
prescribed by the Commission--
            (1) the retransmission by a multichannel video programming 
        distributor of a local commercial television station that has 
        elected retransmission consent under section 325(b) of the 
        Communications Act of 1934 (47 U.S.C. 325(b)) shall not be 
        subject to the statutory license under sections 111(c) and 122 
        of title 17, United States Code, if the multichannel video 
        programming distributor does not offer such local commercial 
        television station, and any other channels of video programming 
        under common control with such local commercial television 
        station, for purchase by subscribers on an a la carte basis;
            (2) a local commercial television station may not elect 
        retransmission consent under section 325(b) of the 
        Communications Act of 1934 (47 U.S.C. 325(b)) or avail itself 
        of the protections of the network program non-duplication and 
        syndicated exclusivity regulations under subpart F of part 76 
        of subchapter C of chapter I of title 47, Code of Federal 
        Regulations (47 C.F.R. 76.92 et seq.), if such local commercial 
        television station, and any other channels of video programming 
        under common control with such local commercial television 
        station, is not made available to multichannel video 
        programming distributors for purchase or sale on an a la carte 
        basis; and
            (3) a video programming vendor may offer a channel of video 
        programming for purchase by a multichannel video programming 
        distributor as part of a package of video programming only if 
        such video programming vendor also offers such channel of video 
        programming for purchase by the multichannel video programming 
        distributor on an a la carte basis.
    (c) Minimum Contents of Basic Tier.--The Communications Act of 1934 
(47 U.S.C. 151 et seq.) is amended--
            (1) in section 623 (47 U.S.C. 543)--
                    (A) in subsection (b)(7)(A)--
                            (i) by striking clauses (i) and (iii);
                            (ii) by redesignating clause (ii) as clause 
                        (i); and
                            (iii) by adding at the end the following:
                            ``(ii) All local commercial television 
                        stations and qualified low power stations 
                        carried in fulfillment of the election under 
                        section 325(b) by the station of its right to 
                        mandatory carriage under section 614.
                            ``(iii) All qualified local noncommercial 
                        educational television stations carried in 
                        fulfillment of a request for carriage under 
                        section 615.''; and
                    (B) in subsection (l), by adding at the end the 
                following:
            ``(3) The terms `local commercial television station' and 
        `qualified low power station' have the meaning given those 
        terms in section 614(h).'';
            (2) in section 614(b) (47 U.S.C. 534(b))--
                    (A) by striking paragraph (6) and redesignating 
                paragraphs (7), (8), (9), and (10) as paragraphs (6), 
                (7), (8), and (9), respectively; and
                    (B) in paragraph (6), as redesignated, by striking 
                ``Signals carried in fulfillment of the requirements of 
                this section'' and inserting ``All local commercial 
                television stations and qualified low power stations 
                carried in fulfillment of the election by the station 
                of its right to mandatory carriage under this 
                section''; and
            (3) in section 615(h) (47 U.S.C. 535(h)), by striking 
        ``lowest priced service tier that includes the retransmission 
        of local commercial television broadcast signals.'' and 
        inserting ``basic service tier.''.
    (d) Disclosure Requirement.--If a multichannel video programming 
distributor and a video programming vendor fail to reach agreement 
regarding the terms, including price, for the purchase by the 
multichannel video programming distributor of the right to provide 
subscribers with a local commercial television station or other channel 
of video programming from the video programming vendor on an a la carte 
basis, the multichannel video programming distributor and the video 
programming vendor each shall disclose to the Commission the terms of 
the most recent offer made by the multichannel video programming 
distributor and the video programming vendor, respectively.

SEC. 4. SPECTRUM USE IN THE PUBLIC INTEREST.

    Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 
is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (2) after paragraph (5), by inserting the following:
            ``(6) Parity for over-the-air and multichannel video 
        programming viewers.--
                    ``(A) In general.--A television broadcast station 
                that does not retransmit the signal over-the-air that 
                is identical to the signal retransmitted to a 
                multichannel video programming distributor shall 
                forfeit any spectrum license of such television 
                broadcast station.
                    ``(B) Reallocation and reassignment of spectrum 
                license.--Any spectrum license forfeited pursuant to 
                subparagraph (A) shall be reallocated and reassigned by 
                the Commission pursuant to section 309(j).
                    ``(C) Exception.--Subparagraph (A) shall not apply 
                to content that is a commercial advertisement that is 
                not more than 60 seconds in duration.
                    ``(D) Definitions.--In this paragraph--
                            ``(i) the terms `multicast stream' and 
                        `primary stream' have the meaning given those 
                        terms in section 119(d) of title 17, United 
                        States Code; and
                            ``(ii) the term `multichannel video 
                        programming distributor' has the meaning given 
                        that term in section 602 (47 U.S.C. 522).''.

SEC. 5. SPORTS BLACKOUT REPEAL FOR PUBLICLY FINANCED STADIUMS.

    The Commission shall amend subpart F of part 76 of subchapter C of 
chapter I of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et 
seq.), to prohibit the application of sports blackout regulations to 
the broadcast of a sporting event taking place in a venue the 
construction of which was financed, in whole or in part, by the Federal 
Government or a State or local government.
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