[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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