    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-200
    113th Congress

    An Act

    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.
    <>

    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.

    [[Page 2060]]

    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
    (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

    [[Page 2061]]

    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.

    [[Page 2062]]

    (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.

    [[Page 2063]]

    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 CFR 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.
    (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--

    [[Page 2064]]

    (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

    [[Page 2065]]

    (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.''.

    [[Page 2066]]

    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.

    [[Page 2067]]

    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 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.

    Approved December 4, 2014.

    LEGISLATIVE HISTORY--H.R. 5728:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Nov. 19, considered and passed House.
    Nov. 20, considered and passed Senate.