[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3347 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3347

To establish an additional fund in the Treasury to ensure consumers do 
not lose access to over-the-air broadcast television as a result of the 
    reorganization of broadcast television spectrum, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2017

  Mr. Pallone (for himself, Mr. Michael F. Doyle of Pennsylvania, Mr. 
   Rush, Mr. Gene Green of Texas, Ms. DeGette, Mr. Butterfield, Mr. 
  McNerney, Mr. Welch, Ms. Clarke of New York, Mrs. Dingell, and Mrs. 
 Napolitano) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To establish an additional fund in the Treasury to ensure consumers do 
not lose access to over-the-air broadcast television as a result of the 
    reorganization of broadcast television spectrum, 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 ``Viewer Protection Act of 2017''.

SEC. 2. CONSUMER OUTREACH CAMPAIGN.

    There is authorized to be appropriated to the Commission 
$90,000,000 to conduct a consumer outreach campaign to raise awareness 
of changes to the television channels available to such consumers as a 
result of the reorganization of broadcast television spectrum carried 
out pursuant to section 6403(b) of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1452(b)).

SEC. 3. VIEWER PROTECTION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Viewer Protection Fund.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000,000 to the Viewer Protection Fund.
    (c) Reserve Source if TV Broadcaster Relocation Fund 
Insufficient.--
            (1) Availability of funds.--If the Commission makes the 
        certification described in paragraph (2), amounts in the Viewer 
        Protection Fund shall be available to the Commission to make 
        reimbursements pursuant to subsection (b)(4)(A)(i) of section 
        6403 of the Middle Class Tax Relief and Job Creation Act of 
        2012 (47 U.S.C. 1452) in order to prevent a substantial number 
        of consumers from losing access to the signals of broadcast 
        television licensees that are reassigned from one channel to 
        another channel under subsection (b)(1)(B) of such section.
            (2) Certification.--The certification described in this 
        paragraph is a certification from the Commission to the 
        Secretary of the Treasury that the funds available in the TV 
        Broadcaster Relocation Fund established under subsection (d) of 
        such section are likely to be insufficient to reimburse 
        reasonably incurred costs described in subsection (b)(4)(A)(i) 
        of such section.
    (d) Relocation Costs of Radio Stations for Displacement of Co-
Located Equipment.--
            (1) Availability of funds.--If the Commission makes the 
        certification described in paragraph (2), amounts in the Viewer 
        Protection Fund shall be available to the Commission to 
        reimburse FM radio stations, in order to prevent a substantial 
        number of consumers from losing access to such stations, for 
        reasonable relocation costs that are incurred because of the 
        displacement of co-located equipment from a tower or similar 
        transmission facility due to the reorganization of television 
        broadcast spectrum under subsection (b) of section 6403 of the 
        Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
        1452).
            (2) Certification.--The certification described in this 
        paragraph is a certification from the Commission to the 
        Secretary of the Treasury that--
                    (A) a substantial number of consumers will lose 
                access to FM radio stations unless such stations are 
                reimbursed for reasonable relocation costs described in 
                paragraph (1); and
                    (B) the Commission has made all necessary 
                reimbursements under subsection (c) of this section, or 
                no such reimbursements are necessary, in order to 
                prevent a substantial number of consumers from losing 
                access to the signals of broadcast television licensees 
                that are reassigned from one channel to another channel 
                under subsection (b)(1)(B) of such section 6403.
    (e) Reasonable Costs of MVPDs.--
            (1) Availability of funds.--If the Commission makes the 
        certification described in paragraph (2), amounts in the Viewer 
        Protection Fund shall be available to the Commission to 
        reimburse multichannel video programming distributors, in order 
        to prevent a substantial number of consumers from losing access 
        to signals of broadcast television licensees carried by such 
        distributors, for reasonable costs incurred by such 
        distributors in order to continue to carry such signals due to 
        the reorganization of television broadcast spectrum under 
        subsection (b) of section 6403 of the Middle Class Tax Relief 
        and Job Creation Act of 2012 (47 U.S.C. 1452).
            (2) Certification.--The certification described in this 
        paragraph is a certification from the Commission to the 
        Secretary of the Treasury that--
                    (A) a substantial number of consumers will lose 
                access to signals of broadcast television licensees 
                carried by multichannel video programming distributors 
                unless such distributors are reimbursed for reasonable 
                costs described in paragraph (1); and
                    (B) the Commission has made all necessary 
                reimbursements under subsection (c) of this section, or 
                no such reimbursements are necessary, in order to 
                prevent a substantial number of consumers from losing 
                access to the signals of broadcast television licensees 
                that are reassigned from one channel to another channel 
                under subsection (b)(1)(B) of such section 6403.
    (f) Limitation.--Funds made available to the Commission under this 
section shall only be available until the end of fiscal year 2022.
    (g) Unused Funds.--
            (1) Low-power television and television translator 
        relocation costs.--If the Commission makes the certification 
        described in paragraph (2) of subsection (c), after the 
        Commission makes the reimbursements under paragraph (1) of such 
        subsection, amounts in the Viewer Protection Fund shall be 
        available to the Commission to reimburse low-power television 
        stations and television translator stations, in order to 
        prevent a substantial number of consumers from losing access to 
        such stations, for reasonable relocation costs that are 
        incurred--
                    (A) because of assignment of displacement channels 
                to such stations by the Commission in the 
                reorganization of television broadcast spectrum under 
                section 6403(b) of the Middle Class Tax Relief and Job 
                Creation Act of 2012 (47 U.S.C. 1452(b)); and
                    (B) after such assignment.
            (2) Transfer to general fund.--If any amounts remain in the 
        Viewer Protection Fund after the end of fiscal year 2022, the 
        Secretary of the Treasury shall transfer such amounts to the 
        general fund of the Treasury.
            (3) Low-power television and television translator usage 
        rights.--Nothing in this subsection shall be construed to alter 
        the spectrum usage rights of low-power television stations or 
        television translator stations.

SEC. 4. TRANSITION PERIOD.

    Not later than 30 days after the date of enactment of this Act, the 
Commission shall, by order, delegate to the Media Bureau of the 
Commission the authority to--
            (1) modify the transition period for relocation of specific 
        broadcast television licensees in accordance with the 
        reassignments of television channels made under section 6403(b) 
        of the Middle Class Tax Relief and Job Creation Act of 2012 (47 
        U.S.C. 1452(b)), if the Bureau determines that such 
        modification is necessary to ensure that no licensee is forced 
        to stop broadcasting due to reasons outside the licensee's 
        control; and
            (2) impose appropriate penalties should a licensee fail or 
        refuse to complete relocation within such transition period (as 
        modified under paragraph (1)) other than for reasons outside 
        the licensee's control.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Broadcast television licensee.--The term ``broadcast 
        television licensee'' has the meaning given such term in 
        section 6001 of the Middle Class Tax Relief and Job Creation 
        Act of 2012 (47 U.S.C. 1401).
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Multichannel video programming distributor.--The term 
        ``multichannel video programming distributor'' has the meaning 
        given such term in section 602 of the Communications Act of 
        1934 (47 U.S.C. 522).
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