[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.

                          ____________________