[House Report 116-329]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-329
======================================================================
TELEVISION VIEWER PROTECTION ACT OF 2019
_______
December 9, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 5035]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 5035) to amend the Communications Act of 1934 to
extend expiring provisions relating to the retransmission of
signals of television broadcast stations, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
I. Purpose and Summary..............................................4
II. Background and Need for Legislation..............................4
III. Committee Hearings...............................................5
IV. Committee Consideration..........................................5
V. Committee Votes..................................................7
VI. Oversight Findings...............................................7
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures7
VIII.Federal Mandates Statement.......................................7
IX. Statement of General Performance Goals and Objectives............7
X. Duplication of Federal Programs..................................7
XI. Committee Cost Estimate..........................................8
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......8
XIII.Advisory Committee Statement.....................................8
XIV. Applicability to Legislative Branch..............................8
XV. Section-by-Section Analysis of the Legislation...................8
XVI. Changes in Existing Law Made by the Bill, as Reported...........10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Television Viewer Protection Act of
2019''.
SEC. 2. 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, 2019''
and inserting ``the expiration date, if any, described in
section 119(h) of title 17, United States Code''; and
(2) in paragraph (3)(C), by striking ``until January 1,
2020,'' each place it appears.
SEC. 3. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
(a) Satisfaction of Good Faith Negotiation Requirement.--Section
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C))
is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) not later than 90 days after the date of the enactment
of the Television Viewer Protection Act of 2019, specify that--
``(I) a multichannel video programming distributor
may satisfy its obligation to negotiate in good faith
under clause (iii) with respect to a negotiation for
retransmission consent under this section with a large
station group by designating a qualified MVPD buying
group to negotiate on its behalf, so long as the
qualified MVPD buying group itself negotiates in good
faith in accordance with such clause;
``(II) it is a violation of the obligation to
negotiate in good faith under clause (iii) for the
qualified MVPD buying group to disclose the prices,
terms, or conditions of an ongoing negotiation or the
final terms of a negotiation to a member of the
qualified MVPD buying group that is not intending, or
is unlikely, to enter into the final terms negotiated
by the qualified MVPD buying group; and
``(III) a large station group has an obligation to
negotiate in good faith under clause (ii) with respect
to a negotiation for retransmission consent under this
section with a qualified MVPD buying group.''.
(b) Definitions.--Section 325(b)(7) of the Communications Act of 1934
(47 U.S.C. 325(b)(7)) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) `qualified MVPD buying group' means an entity that,
with respect to a negotiation with a large station group for
retransmission consent under this section--
``(i) negotiates on behalf of two or more
multichannel video programming distributors--
``(I) none of which is a multichannel video
programming distributor that serves more than
500,000 subscribers nationally; and
``(II) that do not collectively serve more
than 25 percent of all households served by a
multichannel video programming distributor in
any single local market in which the applicable
large station group operates; and
``(ii) negotiates agreements for such retransmission
consent--
``(I) that contain standardized contract
provisions, including billing structures and
technical quality standards, for each
multichannel video programming distributor on
behalf of which the entity negotiates; and
``(II) under which the entity assumes
liability to remit to the applicable large
station group all fees received from the
multichannel video programming distributors on
behalf of which the entity negotiates;
``(D) `large station group' means a group of television
broadcast stations that--
``(i) are directly or indirectly under common de jure
control permitted by the regulations of the Commission;
``(ii) generally negotiate agreements for
retransmission consent under this section as a single
entity; and
``(iii) include only television broadcast stations
that have a national audience reach of more than 20
percent;
``(E) `local market' has the meaning given such term in
section 122(j) of title 17, United States Code; and
``(F) `multichannel video programming distributor' has the
meaning given such term in section 602.''.
(c) Conforming Amendments.--Section 325(b) of the Communications Act
of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``1992,''; and
(B) by striking ``, and the term `local market' has
the meaning given that term in section 122(j) of such
title''; and
(2) in paragraph (3)(C), by striking ``(as defined in section
122(j) of title 17, United States Code)'' each place it
appears.
(d) Effective Date.--The amendments made by this section, and the
regulations promulgated by the Federal Communications Commission under
such amendments, shall not take effect before January 1 of the calendar
year after the calendar year in which this Act is enacted.
SEC. 4. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) In General.--Part IV of title VI of the Communications Act of
1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the
following:
``SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
``(a) Consumer Rights in Sales.--
``(1) Right to transparency.--Before entering into a contract
with a consumer for the provision of a covered service, a
provider of a covered service shall provide the consumer, by
phone, in person, online, or by other reasonable means, the
total monthly charge for the covered service, whether offered
individually or as part of a bundled service, selected by the
consumer (explicitly noting the amount of any applicable
promotional discount reflected in such charge and when such
discount will expire), including any related administrative
fees, equipment fees, or other charges, a good faith estimate
of any tax, fee, or charge imposed by the Federal Government or
a State or local government (whether imposed on the provider or
imposed on the consumer but collected by the provider), and a
good faith estimate of any fee or charge that is used to
recover any other assessment imposed on the provider by the
Federal Government or a State or local government.
``(2) Right to formal notice.--A provider of a covered
service that enters into a contract described in paragraph (1)
shall, not later than 24 hours after entering into the
contract, send the consumer, by email, online link, or other
reasonably comparable means, a copy of the information
described in such paragraph.
``(3) Right to cancel.--A provider of a covered service that
enters into a contract described in paragraph (1) shall permit
the consumer to cancel the contract, without paying early
cancellation fees or other disconnection fees or penalties,
during the 24-hour period beginning when the provider of the
covered service sends the copy required by paragraph (2).
``(b) Consumer Rights in e-billing.--If a provider of a covered
service provides a bill to a consumer in an electronic format, the
provider shall include in the bill--
``(1) an itemized statement that breaks down the total amount
charged for or relating to the provision of the covered service
by the amount charged for the provision of the service itself
and the amount of all related taxes, administrative fees,
equipment fees, or other charges;
``(2) the termination date of the contract for the provision
of the covered service entered into between the consumer and
the provider; and
``(3) the termination date of any applicable promotional
discount.
``(c) Consumer Rights to Accurate Equipment Charges.--A provider of a
covered service or fixed broadband internet access service may not
charge a consumer for--
``(1) using covered equipment provided by the consumer; or
``(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
``(A) the provider has not provided the equipment to
the consumer; or
``(B) the consumer has returned the equipment to the
provider, except to the extent that the charge relates
to the period beginning on the date when the provider
provided the equipment to the consumer and ending on
the date when the consumer returned the equipment to
the provider.
``(d) Definitions.--In this section:
``(1) Broadband internet access service.--The term `broadband
internet access service' has the meaning given such term in
section 8.1(b) of title 47, Code of Federal Regulations, or any
successor regulation.
``(2) Covered equipment.--The term `covered equipment' means
equipment (such as a router) employed on the premises of a
person (other than a provider of a covered service or fixed
broadband internet access service) to provide a covered service
or to provide fixed broadband internet access service.
``(3) Covered service.--The term `covered service' means
service provided by a multichannel video programming
distributer, to the extent such distributor is acting as a
multichannel video programming distributor.''.
(b) Effective Date.--Section 642 of the Communications Act of 1934,
as added by subsection (a) of this section, shall apply beginning on
the date that is 6 months after the date of the enactment of this Act.
The Federal Communications Commission may grant an additional 6-month
extension if the Commission finds that good cause exists for such an
additional extension.
I. Purpose and Summary
H.R. 5035, the ``Television Viewer Protection Act of
2019'', was introduced on November 12, 2019, by Rep. Mike Doyle
(D-PA), and referred to the Committee on Energy and Commerce.
The purpose of this legislation is to address two provisions of
law expiring at the end of 2019 that facilitate the ability of
consumers to view broadcast television stations over
multichannel video programming distributor (MVPD) services and
to provide basic protections to consumers when purchasing MVPD
services and certain broadband equipment.
H.R. 5035 does this by making permanent the ``good faith''
negotiation provisions for retransmission consent while
allowing for the importation of distant signals to unserved
households without retransmission consent only as authorized
under the statutory license in section 119 of the Copyright
Act.
Under that good faith standard, the legislation allows
smaller MVPDs to collectively negotiate as a buying group for
retransmission consent with large broadcast station groups. The
legislation specifies which smaller MVPDs are eligible to
collectively negotiate as a buying group and which large
broadcast station groups are required to negotiate in good
faith with the buying group. Also, under that good faith
standard, the legislation prohibits buying groups from
disclosing the prices, terms, or conditions of an ongoing
negotiation--or the final terms--to a smaller MVPD that is not
intending or is unlikely to enter into the final terms. As part
of the FCC's determination as to whether a participant in the
MVPD buying group violated its good faith obligation, the FCC
may consider whether a MVPD that joined, left, and rejoined the
group during the term of a singular negotiation between the
buying group and the large station group for the purpose of
gaining confidential information from the buying group
negotiations.
The legislation further requires that, at the point of
sale, MVPDs must give consumers a breakdown of all charges
related to the MVPD's video service and allows the consumer 24-
hours to cancel the service without any penalty. Finally, the
legislation provides for more transparency in electronic bills
and prevents MVPDs and broadband companies from charging for
equipment they do not provide.
II. Background and Need for Legislation
A. Carriage of Distant Signals
The Federal Communications Commission (FCC) grants licenses
to broadcast stations to serve a specific community.\1\ Each
community is assigned to a Designated Market Area (DMA).\2\
There are 210 DMAs. Broadcast stations are assigned to a DMA
based on a station's community of license.\3\ Television
stations broadcast content to households within their local
markets.\4\
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\1\47 U.S.C. Sec. 310(d).
\2\Congressional Research Service, Cable and Satellite Television
Issues in the 116th Congress, IF11053 (Dec. 20, 2018).
\3\Id.
\4\Id.
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The Communications Act of 1934, as amended (Communications
Act) established a regulatory framework for the carriage of
broadcast programming by a MVPD service (e.g., cable or
satellite TV).\5\ Generally, when an MVPD wants to carry a
broadcast station that wants compensation for such carriage, it
must obtain retransmission consent from the broadcaster.\6\
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\5\47 U.S.C. Sec. 325(b)(1).
\6\Id.
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In some situations, satellite MVPDs may transmit ``distant
signals''--stations outside of a subscriber's DMA--without
having to negotiate a retransmission agreement.\7\ In that
case, the Communications Act allows satellite MVPDs to import
distant signals outside of the DMA to ensure that subscribers
in these markets have access to programming from all the
networks.\8\ As of October 2018, satellite MVPDs reported that
870,000 subscribers receive at least one distant broadcast
signal in this way.\9\
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\7\47 C.F.R. Sec. 76.64(c).
\8\See id.
\9\Broadcasting & Cable, SCBA Pushes Permanent STELAR Renewal (Oct.
17, 2018).
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In addition to the retransmission consent regime
established by the Communications Act, the Copyright Act of
1976 (Copyright Act) provides for statutory licenses that
permit satellite MVPDs to retransmit copyrighted programming
content without first having to negotiate royalties with each
copyright owner.\10\
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\10\17 U.S.C. Sec. Sec. 111, 122, and 119.
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Congress set expiration dates on certain provisions of this
framework. The most recent extension of these provisions came
in the STELA Reauthorization Act of 2014 (STELAR).\11\
Specifically, they are:
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\11\STELA Reauthorization Act of 2014, Pub. L. No. 113-200.
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Section 325(b)(2)(C) of the Communications
Act, which allows satellite MVPDs to import distant
signal licenses to unserved households without
retransmission consent from the stations. This
provision expires December 31, 2019.\12\ If this
provision expires, satellite MVPDs will be required to
negotiate retransmission consent agreements to provide
broadcast stations to unserved households.
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\12\47 U.S.C. Sec. 325(b)(2)(C).
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Sections 325(b)(3)(C)(ii) and (iii) places
an obligation on MVPDs and broadcasters to negotiate
retransmission consent agreements ``in good
faith.''\13\ Broadcasters are also prohibited from
engaging in exclusive contracts for carriage of their
content. These requirements expire on January 1, 2020.
Currently, FCC regulations implementing these
provisions set forth several standards that violate
this obligation.\14\ The FCC can receive and adjudicate
complaints, if a MVPD or broadcaster believes these
standards are being violated.
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\13\47 U.S.C. Sec. Sec. 325(b)(3)(C)(ii) and (iii).
\14\47 CFR Sec. 76.65.
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The satellite distant signal statutory
license in 17 U.S.C. 119 expires on December 31, 2019.
If this provision expires, satellite MVPDs would be
required to negotiate a license--or licenses--to carry
all the content available through an individual
television broadcast in order to transmit distant
signals as opposed to using the existing statutory
license and making payments to the Copyright Royalty
Board.
If these provisions expire, subscribers may lose access to
distant signals currently provided by satellite MVPDs and
broadcasters and MVPDs would no longer be able to complain to
the FCC if a party to a retransmission consent negotiation
acted in bad faith.
B. MVPD Bill Disclosures
Consumers often face unexpected and confusing fees when
purchasing video programming.\15\ These include fees for
broadcast TV, regional sports, set-top box, and HD
technology.\16\ Some consumers are also paying fees for
equipment they do not even purchase or lease from their
internet service provider.\17\ According to a recent study,
these unexpected fees cost consumers an average of an
additional $450 each year.\18\ This assortment of unexpected
fees only became prevalent about ten years ago.
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\15\Jonathan Schwantes, Consumer Reports, How Cable Companies Use
Hidden Fees to Raise Prices and Disguise the True Cost of Service (Oct.
2019).
\16\Id. at 4.
\17\Id. at 8.
\18\Id. at 3.
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III. Committee Hearing
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop or
consider H.R. 5035:
The Subcommittee on Communications and Technology held a
hearing on June 4, 2019, entitled ``STELAR Review: Protecting
Consumers in an Evolving Media Marketplace.'' The Subcommittee
received testimony from the following witnesses:
Gordon H. Smith, President and CEO, National
Association of Broadcasters;
Robert D. Thun, Senior Vice President of
Content and Programming, AT&T Mobility and
Entertainment;
Patricia Jo Boyers, President and Vice
Chairman of the Board, BOYCOM Vision; and
John Bergmayer, Senior Counsel, Public
Knowledge.
IV. Committee Consideration
H.R. 5035, the ``Television Viewer Protection Act of
2019'', was introduced on November 12, 2019, by Rep. Doyle (D-
PA), and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Communications and Technology on November 13, 2019. On November
14, 2019, the Subcommittee met in open markup session, pursuant
to notice, to consider H.R. 5035. No amendments were offered
during the Subcommittee's consideration. Subsequently, the
Subcommittee on Communications and Technology agreed to a
motion by Mr. Doyle, Chairman of the subcommittee, to favorably
forward H.R. 5035, without amendment, to the full Committee on
Energy and Commerce by a voice vote.
On November 20, 2019, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 5035. During
consideration of the bill, a manager's amendment offered by
Messrs. Walden and Doyle was adopted by a voice vote.
Subsequently, a motion by Mr. Pallone, Chairman of the
committee, to order H.R. 5035 reported favorably to the House,
amended, was agreed to by a voice vote, a quorum being present.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
5035, including a motion by Mr. Pallone ordering H.R. 5035
reported favorably to the House, amended.
VI. Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to protect
consumers throughout the media market and when purchasing MVPD
or broadband service to the extent described in the
legislation.
X. Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 5035 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 5035 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Television Viewer Protection Act of 2019''.
Sec. 2. Extension of authority
This section permits direct broadcast satellite companies
to distribute an out-of-market station, without first getting
retransmission consent pursuant to 47 U.S.C. Sec. 325(b)(2)(c),
only to the extent permitted by the compulsory copyright
license found in 17 U.S.C. Sec. 119.
This section also makes permanent the provisions found in
47 U.S.C. Sec. Sec. 325(b)(3)(C)(ii) and (iii), which require
broadcasters and MVPDs to negotiate for retransmission consent
in good faith and prohibits broadcasters from engaging in
exclusive contracts for carriage of their content.
Sec. 3. Satisfaction of good faith negotiation requirement by
multichannel video programming distributors
This section requires the FCC to commence a rulemaking that
specifies that certain small MVPDs can meet the obligation to
negotiate in good faith found in 47 U.S.C. Sec. 325(b)(3)(C) by
negotiating with a large station group through a qualified MVPD
buying group. The rulemaking must also specify that a qualified
MVPD buying group will have violated the requirement to
negotiate in good faith if the buying group discloses the
prices, terms, or conditions of an ongoing negotiation or the
final terms to a smaller MVPD that is not intending or is
unlikely to enter into the final terms.
Additionally, the section requires the rulemaking to
specify that a large station group has a good faith obligation
pursuant to 47 U.S.C. Sec. 325(b)(3)(C) to negotiate with a
qualified MVPD buying group. The Committee does not intend to
amend the nature of the general good faith obligation in
section 325(b)(3)(C)(ii) that allows a large station group to
negotiate different prices, terms, or conditions offered to a
qualified MVPD buying group as opposed to those prices, terms,
or conditions offered to a MVPD buying group member who did not
participate in the negotiation, who did not ultimately agree to
the final prices, terms, and conditions offered to the MVPD
buying group.
This section provides definitions for qualified MVPD buying
group and large station group. Finally, this section states
that the effective date for the provisions in this section, or
rules enacted pursuant to this section, will not take effect
before January 1 of the calendar year after the calendar year
in which this legislation is enacted.
Sec. 4. Requirements relating to charges for covered services
This section adds section 642 to title VI of the
Communications Act. New section 642 requires that before
entering into a contract, a MVPD must give consumers the total
monthly charge for the covered service, including a good faith
breakdown of all charges--including all related fees, charges,
and taxes--with respect to the MVPD's video service. The MVPD
may provide a good faith estimate of any fee or charge that is
used to recover an assessment imposed on the provider by the
Federal Government or State or local government. The MVPD
further must provide a copy of such information to the customer
and the consumer may cancel the contract within 24-hours
without any penalty. The Committee does not intend to require a
MVPD to include a charge that is a result of consumer action,
such as an additional consumer purchase that was unknown at the
point of sale.
New subsection 642(b) requires electronic bills to include
an itemized statement of all charges related to the MVPD's
video service, as well as the termination date of the contract
and the termination date of any promotional discount. For
contracts that become month-to-month after a certain date, the
Committee intends for MVPDs to disclose the date a contract
will roll over to a month-to-month contract to satisfy this
requirement.
New subsection 642(c) prohibits a MVPD or broadband
internet access provider to charge for covered equipment
provided by the consumer or to charge for covered equipment if
they do not provide such equipment to the consumer or to
continue charging after the consumer returned such equipment.
The Committee does not intend for this provision to apply if
the MVPD does not charge a separate fee for the lease of
provider-supplied equipment and the subscriber chooses to use
customer owned equipment instead.
New subsection 642(d) provides definitions for covered
equipment and covered service. It is the intent of the
Committee that if a consumer purchases video service as part of
a bundled package, the MVPD is required to disclose the total
monthly charge of the bundled service at the point of sale.
Finally, this section states that the effective date of
section 642 shall be six months after the enactment date of
this legislation, but the FCC can grant one additional six-
month extension if good cause exists.
XVI. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 325. FALSE DISTRESS SIGNALS; REBROADCASTING; STUDIOS OF FOREIGN
STATIONS.
(a) No person within the jursidiction of the United States
shall knowingly utter or transmit, or cause to be uttered or
transmitted, any false or fraudulent signals of distress, or
communication relating thereto, nor shall any broadcasting
station rebroadcast the program or any part thereof of another
broadcasting station without the express authority of the
originating station.
(b)(1) No cable system or other multichannel video
programming distributor shall retransmit the signal of a
broadcasting station, or any part thereof, except--
(A) with the express authority of the originating
station;
(B) under section 614, in the case of a station
electing, in accordance with this subsection, to assert
the right to carriage under such section; or
(C) under section 338, in the case of a station
electing, in accordance with this subsection, to assert
the right to carriage under such section.
(2) This subsection shall not apply--
(A) to retransmission of the signal of a
noncommercial television broadcast station;
(B) to retransmission of the signal of a television
broadcast station outside the station's local market by
a satellite carrier directly to its subscribers, if--
(i) such station was a superstation on May 1,
1991;
(ii) as of July 1, 1998, such station was
retransmitted by a satellite carrier under the
statutory license of section 119 of title 17,
United States Code; and
(iii) the satellite carrier complies with any
network nonduplication, syndicated exclusivity,
and sports blackout rules adopted by the
Commission under section 339(b) of this Act;
(C) until [December 31, 2019] the expiration date, if
any, described in section 119(h) of title 17, United
States Code, to retransmission of the signals of
network stations directly to a home satellite antenna,
if the subscriber receiving the signal--
(i) is located in an area outside the local
market of such stations; and
(ii) resides in an unserved household;
(D) to retransmission by a cable operator or other
multichannel video provider, other than a satellite
carrier, of the signal of a television broadcast
station outside the station's local market if such
signal was obtained from a satellite carrier and--
(i) the originating station was a
superstation on May 1, 1991; and
(ii) as of July 1, 1998, such station was
retransmitted by a satellite carrier under the
statutory license of section 119 of title 17,
United States Code; or
(E) during the 6-month period beginning on the date
of the enactment of the Satellite Home Viewer
Improvement Act of 1999, to the retransmission of the
signal of a television broadcast station within the
station's local market by a satellite carrier directly
to its subscribers under the statutory license of
section 122 of title 17, United States Code.
For purposes of this paragraph, the terms ``satellite carrier''
and ``superstation'' have the meanings given those terms,
respectively, in section 119(d) of title 17, United States
Code, as in effect on the date of the enactment of the Cable
Television Consumer Protection and Competition Act of 1992, and
the term ``unserved household'' has the meaning given that term
under section 119(d) of such title[, and the term ``local
market'' has the meaning given that term in section 122(j) of
such title].
(3)(A) Within 45 days after the date of enactment of the
Cable Television Consumer Protection and Competition Act of
1992, the Commission shall commence a rulemaking proceeding to
establish regulations to govern the exercise by television
broadcast stations of the right to grant retransmission consent
under this subsection and of the right to signal carriage under
section 614, and such other regulations as are necessary to
administer the limitations contained in paragraph (2). The
Commission shall consider in such proceeding the impact that
the grant of retransmission consent by television stations may
have on the rates for the basic service tier and shall ensure
that the regulations prescribed under this subsection do not
conflict with the Commission's obligation under section
623(b)(1) to ensure that the rates for the basic service tier
are reasonable. Such rulemaking proceeding shall be completed
within 180 days after the date of enactment of the Cable
Television Consumer Protection and Competition Act of 1992.
(B) The regulations required by subparagraph (A) shall
require that television stations, within one year after the
date of enactment of the Cable Television Consumer Protection
and Competition Act of 1992 and every three years thereafter,
make an election between the right to grant retransmission
consent under this subsection and the right to signal carriage
under section 614. If there is more than one cable system which
services the same geographic area, a station's election shall
apply to all such cable systems.
(C) The Commission shall commence a rulemaking proceeding to
revise the regulations governing the exercise by television
broadcast stations of the right to grant retransmission consent
under this subsection, and such other regulations as are
necessary to administer the limitations contained in paragraph
(2). Such regulations shall--
(i) establish election time periods that correspond
with those regulations adopted under subparagraph (B)
of this paragraph;
(ii) [until January 1, 2020,] prohibit a television
broadcast station that provides retransmission consent
from engaging in exclusive contracts for carriage or
failing to negotiate in good faith, and it shall not be
a failure to negotiate in good faith if the television
broadcast station enters into retransmission consent
agreements containing different terms and conditions,
including price terms, with different multichannel
video programming distributors if such different terms
and conditions are based on competitive marketplace
considerations;
(iii) [until January 1, 2020,] prohibit a
multichannel video programming distributor from failing
to negotiate in good faith for retransmission consent
under this section, and it shall not be a failure to
negotiate in good faith if the distributor enters into
retransmission consent agreements containing different
terms and conditions, including price terms, with
different broadcast stations if such different terms
and conditions are based on competitive marketplace
considerations;
(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];
(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[.]; and
(vi) not later than 90 days after the date of the
enactment of the Television Viewer Protection Act of
2019, specify that--
(I) a multichannel video programming
distributor may satisfy its obligation to
negotiate in good faith under clause (iii) with
respect to a negotiation for retransmission
consent under this section with a large station
group by designating a qualified MVPD buying
group to negotiate on its behalf, so long as
the qualified MVPD buying group itself
negotiates in good faith in accordance with
such clause;
(II) it is a violation of the obligation to
negotiate in good faith under clause (iii) for
the qualified MVPD buying group to disclose the
prices, terms, or conditions of an ongoing
negotiation or the final terms of a negotiation
to a member of the qualified MVPD buying group
that is not intending, or is unlikely, to enter
into the final terms negotiated by the
qualified MVPD buying group; and
(III) a large station group has an obligation
to negotiate in good faith under clause (ii)
with respect to a negotiation for
retransmission consent under this section with
a qualified MVPD buying group.
(4) If an originating television station elects under
paragraph (3)(B) to exercise its right to grant retransmission
consent under this subsection with respect to a cable system,
the provisions of section 614 shall not apply to the carriage
of the signal of such station by such cable system. If an
originating television station elects under paragraph (3)(C) to
exercise its right to grant retransmission consent under this
subsection with respect to a satellite carrier, section 338
shall not apply to the carriage of the signal of such station
by such satellite carrier.
(5) The exercise by a television broadcast station of the
right to grant retransmission consent under this subsection
shall not interfere with or supersede the rights under section
338, 614, or 615 of any station electing to assert the right to
signal carriage under that section.
(6) Nothing in this section shall be construed as modifying
the compulsory copyright license established in section 111 of
title 17, United States Code, or as affecting existing or
future video programming licensing agreements between
broadcasting stations and video programmers.
(7) For purposes of this subsection, the term--
(A) ``network station'' has the meaning given such
term under section 119(d) of title 17, United States
Code[; and];
(B) ``television broadcast station'' means an over-
the-air commercial or noncommercial television
broadcast station licensed by the Commission under
subpart E of part 73 of title 47, Code of Federal
Regulations, except that such term does not include a
low-power or translator television station[.];
(C) ``qualified MVPD buying group'' means an entity
that, with respect to a negotiation with a large
station group for retransmission consent under this
section--
(i) negotiates on behalf of two or more
multichannel video programming distributors--
(I) none of which is a multichannel
video programming distributor that
serves more than 500,000 subscribers
nationally; and
(II) that do not collectively serve
more than 25 percent of all households
served by a multichannel video
programming distributor in any single
local market in which the applicable
large station group operates; and
(ii) negotiates agreements for such
retransmission consent--
(I) that contain standardized
contract provisions, including billing
structures and technical quality
standards, for each multichannel video
programming distributor on behalf of
which the entity negotiates; and
(II) under which the entity assumes
liability to remit to the applicable
large station group all fees received
from the multichannel video programming
distributors on behalf of which the
entity negotiates;
(D) ``large station group'' means a group of
television broadcast stations that--
(i) are directly or indirectly under common
de jure control permitted by the regulations of
the Commission;
(ii) generally negotiate agreements for
retransmission consent under this section as a
single entity; and
(iii) include only television broadcast
stations that have a national audience reach of
more than 20 percent;
(E) ``local market'' has the meaning given such term
in section 122(j) of title 17, United States Code; and
(F) ``multichannel video programming distributor''
has the meaning given such term in section 602.
(c) No person shall be permitted to locate, use, or maintain
a radio broadcast studio or other place or apparatus from which
or whereby sound waves are converted into electrical energy, or
mechanical or physical reproduction of sound waves produced,
and caused to be transmitted or delivered to a radio station in
a foreign country for the purpose of being broadcast from any
radio station there having a power output of sufficient
intensity and/or being so located geographically that its
emissions may be received consistently in the United States,
without first obtaining a permit from the Commission upon
proper application therefor.
(d) Such application shall contain such information as the
Commission may by regulation prescribe, and the granting or
refusal thereof shall be subject to the requirements of section
309 hereof with respect to applications for station licenses or
renewal or modification thereof, and the license or permission
so granted shall be revocable for false statements in the
application so required or when the Commission, after hearings,
shall find its continuation no longer in the public interest.
(e) Enforcement Proceedings Against Satellite Carriers
Concerning Retransmissions of Television Broadcast Stations in
the Respective Local Markets of Such Carriers.--
(1) Complaints by television broadcast stations.--If
after the expiration of the 6-month period described
under subsection (b)(2)(E) a television broadcast
station believes that a satellite carrier has
retransmitted its signal to any person in the local
market of such station in violation of subsection
(b)(1), the station may file with the Commission a
complaint providing--
(A) the name, address, and call letters of
the station;
(B) the name and address of the satellite
carrier;
(C) the dates on which the alleged
retransmission occurred;
(D) the street address of at least one person
in the local market of the station to whom the
alleged retransmission was made;
(E) a statement that the retransmission was
not expressly authorized by the television
broadcast station; and
(F) the name and address of counsel for the
station.
(2) Service of complaints on satellite carriers.--For
purposes of any proceeding under this subsection, any
satellite carrier that retransmits the signal of any
broadcast station shall be deemed to designate the
Secretary of the Commission as its agent for service of
process. A television broadcast station may serve a
satellite carrier with a complaint concerning an
alleged violation of subsection (b)(1) through
retransmission of a station within the local market of
such station by filing the original and two copies of
the complaint with the Secretary of the Commission and
serving a copy of the complaint on the satellite
carrier by means of two commonly used overnight
delivery services, each addressed to the chief
executive officer of the satellite carrier at its
principal place of business, and each marked ``URGENT
LITIGATION MATTER'' on the outer packaging. Service
shall be deemed complete one business day after a copy
of the complaint is provided to the delivery services
for overnight delivery. On receipt of a complaint filed
by a television broadcast station under this
subsection, the Secretary of the Commission shall send
the original complaint by United States mail, postage
prepaid, receipt requested, addressed to the chief
executive officer of the satellite carrier at its
principal place of business.
(3) Answers by satellite carriers.--Within five
business days after the date of service, the satellite
carrier shall file an answer with the Commission and
shall serve the answer by a commonly used overnight
delivery service and by United States mail, on the
counsel designated in the complaint at the address
listed for such counsel in the complaint.
(4) Defenses.--
(A) Exclusive defenses.--The defenses under
this paragraph are the exclusive defenses
available to a satellite carrier against which
a complaint under this subsection is filed.
(B) Defenses.--The defenses referred to under
subparagraph (A) are the defenses that--
(i) the satellite carrier did not
retransmit the television broadcast
station to any person in the local
market of the station during the time
period specified in the complaint;
(ii) the television broadcast station
had, in a writing signed by an officer
of the television broadcast station,
expressly authorized the retransmission
of the station by the satellite carrier
to each person in the local market of
the television broadcast station to
which the satellite carrier made such
retransmissions for the entire time
period during which it is alleged that
a violation of subsection (b)(1) has
occurred;
(iii) the retransmission was made
after January 1, 2002, and the
television broadcast station had
elected to assert the right to carriage
under section 338 as against the
satellite carrier for the relevant
period; or
(iv) the station being retransmitted
is a noncommercial television broadcast
station.
(5) Counting of violations.--The retransmission
without consent of a particular television broadcast
station on a particular day to one or more persons in
the local market of the station shall be considered a
separate violation of subsection (b)(1).
(6) Burden of proof.--With respect to each alleged
violation, the burden of proof shall be on a television
broadcast station to establish that the satellite
carrier retransmitted the station to at least one
person in the local market of the station on the day in
question. The burden of proof shall be on the satellite
carrier with respect to all defenses other than the
defense under paragraph (4)(B)(i).
(7) Procedures.--
(A) Regulations.--Within 60 days after the
date of the enactment of the Satellite Home
Viewer Improvement Act of 1999, the Commission
shall issue procedural regulations implementing
this subsection which shall supersede
procedures under section 312.
(B) Determinations.--
(i) In general.--Within 45 days after
the filing of a complaint, the
Commission shall issue a final
determination in any proceeding brought
under this subsection. The Commission's
final determination shall specify the
number of violations committed by the
satellite carrier. The Commission shall
hear witnesses only if it clearly
appears, based on written filings by
the parties, that there is a genuine
dispute about material facts. Except as
provided in the preceding sentence, the
Commission may issue a final ruling
based on written filings by the
parties.
(ii) Discovery.--The Commission may
direct the parties to exchange
pertinent documents, and if necessary
to take prehearing depositions, on such
schedule as the Commission may approve,
but only if the Commission first
determines that such discovery is
necessary to resolve a genuine dispute
about material facts, consistent with
the obligation to make a final
determination within 45 days.
(8) Relief.--If the Commission determines that a
satellite carrier has retransmitted the television
broadcast station to at least one person in the local
market of such station and has failed to meet its
burden of proving one of the defenses under paragraph
(4) with respect to such retransmission, the Commission
shall be required to--
(A) make a finding that the satellite carrier
violated subsection (b)(1) with respect to that
station; and
(B) issue an order, within 45 days after the
filing of the complaint, containing--
(i) a cease-and-desist order
directing the satellite carrier
immediately to stop making any further
retransmissions of the television
broadcast station to any person within
the local market of such station until
such time as the Commission determines
that the satellite carrier is in
compliance with subsection (b)(1) with
respect to such station;
(ii) if the satellite carrier is
found to have violated subsection
(b)(1) with respect to more than two
television broadcast stations, a cease-
and-desist order directing the
satellite carrier to stop making any
further retransmission of any
television broadcast station to any
person within the local market of such
station, until such time as the
Commission, after giving notice to the
station, that the satellite carrier is
in compliance with subsection (b)(1)
with respect to such stations; and
(iii) an award to the complainant of
that complainant's costs and reasonable
attorney's fees.
(9) Court proceedings on enforcement of commission
order.--
(A) In general.--On entry by the Commission
of a final order granting relief under this
subsection--
(i) a television broadcast station
may apply within 30 days after such
entry to the United States District
Court for the Eastern District of
Virginia for a final judgment enforcing
all relief granted by the Commission;
and
(ii) the satellite carrier may apply
within 30 days after such entry to the
United States District Court for the
Eastern District of Virginia for a
judgment reversing the Commission's
order.
(B) Appeal.--The procedure for an appeal
under this paragraph by the satellite carrier
shall supersede any other appeal rights under
Federal or State law. A United States district
court shall be deemed to have personal
jurisdiction over the satellite carrier if the
carrier, or a company under common control with
the satellite carrier, has delivered television
programming by satellite to more than 30
customers in that district during the preceding
4-year period. If the United States District
Court for the Eastern District of Virginia does
not have personal jurisdiction over the
satellite carrier, an enforcement action or
appeal shall be brought in the United States
District Court for the District of Columbia,
which may find personal jurisdiction based on
the satellite carrier's ownership of licenses
issued by the Commission. An application by a
television broadcast station for an order
enforcing any cease-and-desist relief granted
by the Commission shall be resolved on a highly
expedited schedule. No discovery may be
conducted by the parties in any such
proceeding. The district court shall enforce
the Commission order unless the Commission
record reflects manifest error and an abuse of
discretion by the Commission.
(10) Civil action for statutory damages.--Within 6
months after issuance of an order by the Commission
under this subsection, a television broadcast station
may file a civil action in any United States district
court that has personal jurisdiction over the satellite
carrier for an award of statutory damages for any
violation that the Commission has determined to have
been committed by a satellite carrier under this
subsection. Such action shall not be subject to
transfer under section 1404(a) of title 28, United
States Code. On finding that the satellite carrier has
committed one or more violations of subsection (b), the
District Court shall be required to award the
television broadcast station statutory damages of
$25,000 per violation, in accordance with paragraph
(5), and the costs and attorney's fees incurred by the
station. Such statutory damages shall be awarded only
if the television broadcast station has filed a binding
stipulation with the court that such station will
donate the full amount in excess of $1,000 of any
statutory damage award to the United States Treasury
for public purposes. Notwithstanding any other
provision of law, a station shall incur no tax
liability of any kind with respect to any amounts so
donated. Discovery may be conducted by the parties in
any proceeding under this paragraph only if and to the
extent necessary to resolve a genuinely disputed issue
of fact concerning one of the defenses under paragraph
(4). In any such action, the defenses under paragraph
(4) shall be exclusive, and the burden of proof shall
be on the satellite carrier with respect to all
defenses other than the defense under paragraph
(4)(B)(i). A judgment under this paragraph may be
enforced in any manner permissible under Federal or
State law.
(11) Appeals.--
(A) In general.--The nonprevailing party
before a United States district court may
appeal a decision under this subsection to the
United States Court of Appeals with
jurisdiction over that district court. The
Court of Appeals shall not issue any stay of
the effectiveness of any decision granting
relief against a satellite carrier unless the
carrier presents clear and convincing evidence
that it is highly likely to prevail on appeal
and only after posting a bond for the full
amount of any monetary award assessed against
it and for such further amount as the Court of
Appeals may believe appropriate.
(B) Appeal.--If the Commission denies relief
in response to a complaint filed by a
television broadcast station under this
subsection, the television broadcast station
filing the complaint may file an appeal with
the United States Court of Appeals for the
District of Columbia Circuit.
(12) Sunset.--No complaint or civil action may be
filed under this subsection after December 31, 2001.
This subsection shall continue to apply to any
complaint or civil action filed on or before such date.
* * * * * * *
TITLE VI--CABLE COMMUNICATIONS
* * * * * * *
PART IV--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) Consumer Rights in Sales.--
(1) Right to transparency.--Before entering into a
contract with a consumer for the provision of a covered
service, a provider of a covered service shall provide
the consumer, by phone, in person, online, or by other
reasonable means, the total monthly charge for the
covered service, whether offered individually or as
part of a bundled service, selected by the consumer
(explicitly noting the amount of any applicable
promotional discount reflected in such charge and when
such discount will expire), including any related
administrative fees, equipment fees, or other charges,
a good faith estimate of any tax, fee, or charge
imposed by the Federal Government or a State or local
government (whether imposed on the provider or imposed
on the consumer but collected by the provider), and a
good faith estimate of any fee or charge that is used
to recover any other assessment imposed on the provider
by the Federal Government or a State or local
government.
(2) Right to formal notice.--A provider of a covered
service that enters into a contract described in
paragraph (1) shall, not later than 24 hours after
entering into the contract, send the consumer, by
email, online link, or other reasonably comparable
means, a copy of the information described in such
paragraph.
(3) Right to cancel.--A provider of a covered service
that enters into a contract described in paragraph (1)
shall permit the consumer to cancel the contract,
without paying early cancellation fees or other
disconnection fees or penalties, during the 24-hour
period beginning when the provider of the covered
service sends the copy required by paragraph (2).
(b) Consumer Rights in E-billing.--If a provider of a covered
service provides a bill to a consumer in an electronic format,
the provider shall include in the bill--
(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the
covered service by the amount charged for the provision
of the service itself and the amount of all related
taxes, administrative fees, equipment fees, or other
charges;
(2) the termination date of the contract for the
provision of the covered service entered into between
the consumer and the provider; and
(3) the termination date of any applicable
promotional discount.
(c) Consumer Rights to Accurate Equipment Charges.--A
provider of a covered service or fixed broadband internet
access service may not charge a consumer for--
(1) using covered equipment provided by the consumer;
or
(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
(A) the provider has not provided the
equipment to the consumer; or
(B) the consumer has returned the equipment
to the provider, except to the extent that the
charge relates to the period beginning on the
date when the provider provided the equipment
to the consumer and ending on the date when the
consumer returned the equipment to the
provider.
(d) Definitions.--In this section:
(1) Broadband internet access service.--The term
``broadband internet access service'' has the meaning
given such term in section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation.
(2) Covered equipment.--The term ``covered
equipment'' means equipment (such as a router) employed
on the premises of a person (other than a provider of a
covered service or fixed broadband internet access
service) to provide a covered service or to provide
fixed broadband internet access service.
(3) Covered service.--The term ``covered service''
means service provided by a multichannel video
programming distributer, to the extent such distributor
is acting as a multichannel video programming
distributor.
* * * * * * *