[Congressional Record Volume 160, Number 142 (Wednesday, November 19, 2014)]
[House]
[Pages H8081-H8087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STELA REAUTHORIZATION ACT OF 2014
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5728
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
[[Page H8082]]
(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.
[[Page H8083]]
(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
[[Page H8084]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentleman from Texas (Mr. Gene Green) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials on the bill into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I might consume.
Mr. Speaker, I am pleased to offer yet another outstanding example of
bipartisanship and thoughtful policymaking from the Energy and Commerce
Committee.
The STELA Reauthorization Act is an important piece of legislation
that ensures that millions of satellite TV subscribers continue to
receive broadcast TV programming from their chosen satellite provider.
We have reached across party lines and across the two houses of
Congress to craft a compromise for this must-pass legislation that will
improve the video marketplace for TV viewers across the country.
In addition to reauthorizing the distant signals offered by satellite
providers, we were able to include targeted reforms that in fact will
enhance the video marketplace and allow consumers to access the
programming that they want when they want it.
These reforms are prime examples of the kinds of deregulatory changes
that we are looking at as we work to replace the 80-year-old
Communications Act. They are going to spur investment in communications
networks, promote competition, and, yes, create needed American jobs.
For example, the bill eliminates the costly CableCARD integration ban
that has increased the cost of cable-leased set-top boxes and makes
them less energy efficient. Ultimately, this is a double whammy for
consumers because, after being forced to pay for an unnecessary and
antiquated technology, consumers then have to pay a penalty in the form
of higher electric bills.
Although we eliminated the whole mandate in our original bill that we
passed through our committee, we worked with our Senate colleagues and
agreed to sunset the provision in 1 year.
This will provide time for the FCC to hold a working group on
successor solutions to CableCARD without unduly delaying the benefits
to consumers who choose to lease equipment from their cable provider.
The bill also evens the playing field for all video providers. It
seeks regulatory parity for cable and satellite providers when it comes
to protecting broadcast signals during Nielsen sweeps. It also provides
satellite operators and broadcasters with the opportunity to modify
local markets, like cable operators already have the ability to do.
{time} 1245
We hope that in our updated Communications Act that we can find
additional ways to eliminate regulatory differences that no longer
serve a meaningful, technical purpose or that distort business and
consumer incentives.
The bill provides other positive, bipartisan reforms, and it is our
intent that as we update the Communications Act in the coming Congress
that it continue along that very same path. That being said, the matter
before us is the reauthorization of these provisions for the millions
of satellite viewer subscribers that depend on them. The clock is
ticking, and the bill will ensure when folks flip on their TVs, yes,
their favorite show will be available when they want to watch it.
Mr. Speaker, I urge all my colleagues to vote for the bill as this
Congress is quickly drawing to a close.
I particularly want to thank Subcommittee on Communications and
Technology Chair Greg Walden, Ranking Members Henry Waxman and Anna
Eshoo, and Judiciary Chairman Bob Goodlatte, as well as our respective
staffs for their bipartisan and hard work on this very important
legislation. I also want to thank our Senate colleagues Jay Rockefeller
and John Thune for their willingness to work with us to find common
ground.
I am proud of our committee's record of bipartisan results. As we
work toward the Communications Act update next year to modernize our
Nation's communication laws for the innovation era, continued
cooperation will be critical to that success. Without this bill,
without this reauthorization being moved forward, satellite viewers--
millions of Americans--will have those sets turned off. It is important
that we reauthorize this bill, and I am pleased to do so in a very
bipartisan way.
Mr. Speaker, I reserve the balance of my time.
Mr. GENE GREEN of Texas. Mr. Speaker, I yield myself as much time as
I may consume.
Mr. Speaker, I rise in support of H.R. 5728, the Satellite Television
Extension and Localism Act Reauthorization. This is the continuation of
our bipartisan efforts this year to ensure that 1.5 million satellite
subscribers don't lose access to broadcast programming when the current
satellite television law expires at the end of this year and to make
some targeted reforms to the video marketplace. The bill before us
today represents a compromise with our colleagues from the Senate, and
I look forward to working with them to quickly see it passed into law.
In July, the House passed H.R. 4572, to reauthorize the expiring
communications and copyright law that allows households across America,
but especially those in rural areas, access to broadcast content. In
addition, the Energy and Commerce Committee on which I serve was able
to come to agreement on several key reforms to our video laws to
benefit the TV-watching public.
H.R. 5728 maintains these bipartisan provisions from the bill we
adopted in July, in particular addressing the abuses in the
retransmission consent process. The bill prevents two non-commonly
owned broadcasters from colluding to jointly negotiate for
retransmission consent.
The Energy and Commerce Committee heard extensive testimony about how
this practice drives up prices for consumers and potentially threatens
access to local broadcast content. I also want to emphasize that this
language does not permit broadcast stations that are deemed ``commonly
owned'' as a result of the joint sales agreement to negotiate jointly
for retransmission consent.
Our colleagues on the Senate Commerce Committee proposed additional
pro-consumer reforms, and I am pleased that we were able to include
those in H.R. 5728. Mr. Speaker, these provisions include an FCC
rulemaking to assess the standard for determining whether parties are
negotiating in good faith for retransmission consent, a prohibition on
broadcasters preventing significantly viewed signals from being carried
in local markets, and greater transparency for consumers by including
retransmission consent payments in the FCC's report on cable rates.
H.R. 5728 also makes further changes to the provisions that were
heavily debated in the House during consideration of H.R. 4572. The
bill now extends by 6 months the deadline for broadcasters to unwind
certain joint sales agreements, a rule which the FCC tightened earlier
this year to address concerns that broadcaster coordination in local
markets were undermining localism, competition, and diversity.
Finally, H.R. 5728 reflects further compromise on the FCC's cable
set-top box rules. The FCC's integration ban--the rule written to
promote competition in the cable set-top box market--will sunset in 1
year. This well-intentioned rule has not resulted in the kind of
competition Congress envisioned and has actually caused significant
energy inefficiencies in cable set-top boxes.
[[Page H8085]]
Mr. Speaker, I am pleased that we are including an idea from our
Senate colleagues to create a working group that is charged with
identifying a successor solution. I support further efforts to promote
competition in the set-top box market and look forward to engaging with
the working group and the FCC on this issue.
I want to thank Chairman Upton and Chairman Walden, and on the Senate
side, Chairman Rockefeller and Ranking Member Thune, also our ranking
members on our side of the aisle, Ranking Members Waxman and Eshoo, and
other Democrats on our committee.
Mr. Speaker, I reserve the balance of my time.
Mr. UPTON. Mr. Speaker, may I ask how much time remains?
The SPEAKER pro tempore. The gentleman from Michigan has 16 minutes
remaining.
Mr. UPTON. Mr. Speaker, at this time I yield 3 minutes to the
gentleman from Oregon (Mr. Walden), the distinguished chairman of the
Telecommunications Subcommittee.
Mr. WALDEN. Mr. Speaker, I thank the chairman of the committee.
Mr. Speaker, last July the House of Representatives passed H.R. 4572,
the STELA Reauthorization Act, by unanimous vote. Today, after
extensive consultation with our colleagues in the Senate, we are
offering a second version of STELA's reauthorization, which will extend
the copyright and retransmission consent provisions for distant signals
retransmitted by commercial satellite providers for 5 years. Now, if we
don't act to extend these provisions by the end of this Congress, there
will be 1.5 million subscribers to satellite television, including many
in my home State of Oregon, that just won't have access to broadcast
network programming come New Year's Day.
This bill represents the best of how Congress can work together and
get things done. Today's version of STELAR is a compromise bill that
incorporates the previously passed provisions--these were passed
unanimously by the House earlier this year--with the provisions that
passed by voice vote out of the Senate Committee on Commerce, Science,
and Transportation. Now, by coming together to produce legislation with
strong, bipartisan, bicameral support, we have demonstrated our clear
commitment to the continued availability of broadcast programming to
millions of subscribers and to some targeted and, in some cases, much-
needed reforms to our communications laws.
Specifically, Mr. Speaker, this bill sets a date for the sunset of
the FCC's integration ban on cable-leased set-top boxes. That clears
the way for innovation and new investment by lifting an unnecessary
regulatory burden that has cost the cable industry and its consumers $1
billion. One billion dollars, Mr. Speaker, since 2007 it has cost.
I especially want to thank Vice Chairman Bob Latta, who is right
here, and my Democratic colleague from Texas, Gene Green, whom you have
just heard from, for their thoughtful, bipartisan work on lifting the
integration ban.
Now, the bill offers a glide path for those companies that currently
rely on CableCARD and urges the consumer electronics manufacturers and
MVPDs to work together to find a next-generation solution for a
competitive set-top box market.
Our bill also opens up the ability for satellite operators and
broadcasters to modify local markets so that consumers can receive
programming that is relevant to their communities. Broadcasters have
long had the ability to reach such agreements with cable systems, and
this bill creates parity, allowing broadcasters to ensure their
programming is reaching the right communities via satellite, regardless
of DMA boundaries. Our bill also provides parity by removing a
government restriction on cable's ability to drop broadcast signals
during the Nielsen sweeps. Additionally, the bill ensures that
consumers will be able to access locally relevant broadcasts from
outside their local markets without interference from local
broadcasters.
Mr. Speaker, we have also sought to stabilize the retransmission
consent regime. This bill prohibits broadcast stations in single
markets from negotiating jointly with cable and satellite operators.
The bill also seeks to allow policymakers to gather more information on
retransmission consent by requiring cable operators to report annually
on their payments for broadcast programming. This bill also asks the
FCC to reexamine the meaning of ``good faith'' in retransmission
consent negotiations, but, importantly, it does not predetermine any
outcomes for that rulemaking.
The STELA Reauthorization Act is yet another example of true
bipartisanship with support from all sectors of the communications
industry. This type of collaboration has long been the hallmark of our
committee, and I am pleased to see the legislative result before us
today. As this Congress is drawing to a close quickly, I urge my
colleagues to join me in getting this important legislation onto the
President's desk and signed into law before the authorization ends at
the end of the year.
Now, it takes many hands to make light work, and this bill is no
different. In particular, Mr. Speaker, I would like to commend the
staff from the House Commerce Committee's staff, David Redl, Ray Baum,
Grace Koh, Shawn Chang, Margaret McCarthy, and David Grossman; as well
as Senate Commerce staff Ellen Doneski, John Branscome, Shawn Bone,
David Quinalty, and Hap Rigby. They spent many hours working to find
common ground on this bill, Mr. Speaker, and their effort has paid off
for consumers.
Mr. GENE GREEN of Texas. Mr. Speaker, I reserve the balance of my
time.
Mr. UPTON. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Louisiana (Mr. Scalise), the Republican whip and a
member of the Committee on Energy and Commerce.
Mr. SCALISE. Mr. Speaker, I want to thank Chairman Upton for yielding
and for his leadership, as well as Chairman Walden of the subcommittee
and the ranking members, for bringing a good bipartisan bill to the
floor that addresses some real problems and starts to lay some
groundwork for important future discussions about the video
marketplace.
Let me first say, Mr. Speaker, that the STELA Reauthorization Act
will give certainty and ensure that 1.5 million satellite consumers
across the country don't have to fear losing their signal at the end of
this year, which will happen without passage of this legislation. So it
is very important that immediately we get this resolved so that we
don't create that uncertainty across the country.
Also, Mr. Speaker, why this bill is important is it finally starts to
implement some important and much-needed reforms to our video
marketplace laws. I have been saying this a long time: If you look at
the laws that we have on the books, we have a 21st century marketplace,
we have a dynamic industry that has evolved and grown, and the
technology has advanced in a dramatic way over the last few decades,
but, unfortunately, the laws have not changed to reflect the current
marketplace. We have started that conversation with a few of the
provisions in this bill, and I was happy to work with the chairman, the
ranking member, and others on some of those provisions; and we also
talked about the need to have a deeper conversation about a
Communications Act update next year in the new Congress.
Mr. Speaker, I look forward to working with my colleagues on that as
well. But in the meantime, it is important that we pass this bill and
that we urge the Senate to move quickly as well to create that
certainty for those customers all across the country that are counting
on us to get this done.
Again, I congratulate the chairman and ranking member for working in
a bipartisan way to bring this bill to the House floor and pass it
along.
Mr. GENE GREEN of Texas. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. UPTON. Mr. Speaker, at this point I yield 2 minutes to the
gentleman from Ohio (Mr. Latta), the vice chair of the subcommittee.
Mr. LATTA. Mr. Speaker, I appreciate the gentleman from Michigan (Mr.
Upton), the chairman of the full committee, for yielding.
Mr. Speaker, I rise today in support of H.R. 5728, the STELA
Reauthorization Act of 2014. I am pleased to see the
[[Page H8086]]
bipartisan and bicameral effort that took place to bring forth this
must-pass legislation.
Through the leadership of Chairman Upton and Chairman Walden and with
the bipartisan support of Ranking Member Waxman and Subcommittee
Ranking Member Eshoo, this legislation underscores a commitment to
ensuring that our communication laws maximize the potential for
investment, innovation, and consumer choice.
Mr. Speaker, I am especially pleased this bill incorporates a
bipartisan and pro-consumer provision to eliminate the current set-top
box integration ban, similar to the one that I, along with Congressman
Gene Green, sponsored in the House. Repealing this outdated
technological mandate will foster greater investment and innovation in
the set-top box market. It is clear that the integration ban is simply
unnecessary and does not reflect the technological advancements or
consumer demands of today, which have been agreed upon and supported on
a bipartisan level, even by the Progressive Policy Institute.
Mr. Speaker, I urge my colleagues to vote ``yes'' and support this
bipartisan legislation. Again, I thank the gentleman for yielding.
Mr. GENE GREEN of Texas. I continue to reserve the balance of my
time, Mr. Speaker.
Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Marino), a member of the Judiciary Committee.
{time} 1300
Mr. MARINO. Mr. Speaker, this afternoon the House will consider joint
Judiciary and Energy and Commerce Committee legislation, H.R. 5728, the
STELA Reauthorization Act of 2014, to ensure that all of our
constituents continue to have access to network channels on America's
two satellite carriers.
Title II of the legislation extends the expiring section 119
copyright license for another 5 years, as this committee has done on
previous occasions, most recently in 2010. This license ensures that
when our constituents do not have access to a full complement of local
network television stations, they can have access through satellite
television carriers to distant network television stations. This helps
ensure that consumers in rural areas, like mine in Pennsylvania's 10th
Congressional District, have the same access to news and entertainment
options that consumers in urban areas enjoy.
Without enactment of this legislation, many of our constituents would
potentially lose access to certain networks altogether on December 31,
when the current license expires.
I would like to point out that although numerous stakeholders
interested in video issues have contacted the committee on a variety of
issues, they all agree that this license should not expire at the end
of this year. Other issues of interest in this area will be the subject
of further discussion as my committee continues its ongoing review of
our Nation's copyright laws.
I urge my colleagues to join me in supporting this bipartisan, pro-
consumer legislation.
Mr. GENE GREEN of Texas. Mr. Speaker, I yield such time as he may
consume to the gentleman from California (Mr. Waxman), the ranking
member on the Energy and Commerce Committee.
(Mr. WAXMAN asked and was given permission to revise and extend his
remarks.)
Mr. WAXMAN. Mr. Speaker, I thank the gentleman for yielding to me.
Mr. Speaker, I am a strong supporter of science-based policies.
Throughout my career, I have always welcomed expert scientific advice
and relied upon facts and scientific evidence to legislate. But the
bill we are considering today is not a sound science bill; it is
actually an anti-science bill. It would take away the ability of
decisionmakers to rely on published, peer-reviewed studies to protect
our health and our planet.
Mr. Speaker, that is why I am opposed to the next bill that we will
consider.
The SPEAKER pro tempore. Does the gentleman from Texas continue to
yield time on this legislation, H.R. 5728?
Mr. GENE GREEN of Texas. Mr. Speaker, I continue to yield such time
as he may consume to the gentleman from California.
Mr. WAXMAN. Mr. Speaker, I want Members to know I am going to put a
statement in the Record supporting this legislation and urging all of
our colleagues to support it.
Mr. Speaker, I rise today in support of H.R. 5728, the Satellite
Television Extension and Localism Act Reauthorization. The House passed
H.R. 4572 in July, a bill that extends the expiring satellite
television law and makes targeted reforms to the video marketplace.
Since that time, we have engaged in bicameral, bipartisan negotiations
that produced the compromise bill before us today.
First and foremost, H.R. 5728 ensures that 1.5 million satellite
subscribers across the country will not lose access to broadcast
content when current law expires at the end of the year.
H.R. 5728 maintains the key provisions designed to address abuses in
the video marketplace that received bipartisan support in the Energy
and Commerce Committee. In particular, it prohibits the collusive
practice of joint retransmission consent negotiations by two or more
broadcasters in the same market.
I want to note that the language is carefully crafted to ensure it
does not become a loophole for broadcasters who are deemed ``commonly
owned'' under the Joint Sales Agreement attribution rules to continue
to jointly negotiate retransmission consent deals with distributors.
Further, we adopt additional reforms proposed by our colleagues in
the Senate Commerce Committee.
For example, the FCC must re-examine its standard for determining
whether parties are negotiating in ``good faith'' for retransmission
consent and provide greater transparency for consumers by including
retransmission consent payments in the agency's report on cable rates.
Finally, H.R. 5728 reflects further compromise on two provisions that
were the subject of extensive negotiations here in the House earlier
this year.
The bill alters a provision we included to address concerns about
implementation of new FCC limits on broadcaster coordination through
Joint Sales Agreements. We now provide a simple six month extension for
broadcasters required to unwind those agreements under the new FCC
rule.
Second, the bill delays by one year the sunset of the FCC's
``integration ban,'' which is a rule intended to stimulate competition
in the cable set top box market.
We also added another good idea from the Senate bill by creating a
working group tasked with identifying a successor solution. The well-
intentioned integration ban has had the perverse effect of hindering
energy efficiency in set top boxes.
Removing the integration ban from the FCC's rule books does not
eliminate the separable security requirement that ensures competitive
access to cable companies' own decryption technology for set top boxes.
But it does allow for innovation in the delivery of cable TV in ways
that will increase energy efficiency.
I support further efforts to promote competition in this area and
know that my colleagues will be actively engaged with the working group
next year.
I urge my colleagues to join with me in supporting H.R. 5728.
Mr. GENE GREEN of Texas. Mr. Speaker, I have no further speakers, and
I yield back the balance of my time.
Mr. UPTON. Mr. Speaker, I yield back the balance of my time.
Ms. ESHOO. Mr. Speaker, I rise today in support of H.R. 5728, the
STELA Reauthorization Act of 2014.
Nearly four months ago, the House passed legislation to reauthorize
the Satellite Television Extension and Localism Act of 2010 (STELA).
The language before the House today reflects a compromise reached with
the leadership of the Senate Commerce Committee and paves the way for
an extension of STELA prior to the expiration of the statute on
December 31, 2014.
Like the bill passed by voice vote in July, H.R. 5728 reauthorizes
STELA for a period of five years, ensuring that approximately 1.5
million satellite subscribers can continue accessing broadcast
television signals. Reflecting my belief that our video laws are
outdated and in some cases are even being abused, H.R. 5728 requires
the FCC to re-examine its `good faith' rules to ensure retransmission
consent negotiations are conducted fairly and in a timely manner.
To better understand how retransmission consent fees impact a
consumer's monthly bill, H.R. 5728 requires the FCC to include
aggregate data as part of its annual report on cable rates. This
provision will bring about much needed transparency because
retransmission consent fees are estimated to rise from $4.3 billion
this year to an estimated whopping $5.1 billion in 2015.
[[Page H8087]]
H.R. 5728 also includes a provision I strongly supported during
committee debate to ensure broadcasters cannot team up against pay-TV
providers for leverage during retransmission consent negotiations. This
is an important step toward rebalancing the playing field and
ultimately protecting consumers from unacceptable blackouts and
increased rates.
Finally, H.R. 5728 improves on language included in the bill adopted
in July by delaying repeal of the cable set-top box `integration ban'
by one year and establishing a stakeholder working group tasked with
developing a successor solution. Importantly, this provision does not
negate a cable operator's obligation to promote the competitive
availability of set-top boxes under Section 629 of the Communications
Act. While I continue to believe repeal of the ban should be
conditioned on an industry-wide adoption of a successor to the
CableCARD, this is a compromise I support. With an eye to the future,
we can fulfill a goal I set out to achieve nearly 20 years ago and that
is to give consumers an alternative to having to rent a set-top box
from their local cable company every month.
For all these reasons, I urge my colleagues to join me in supporting
H.R. 5728.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Upton) that the House suspend the rules
and pass the bill, H.R. 5728.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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