To allow multichannel video programming distributors to
provide video programming to subscribers on an a la carte basis, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
May 9, 2013
Mr. McCain introduced
the following bill; which was read twice and referred to the
Committee on Commerce, Science, and
Transportation
A BILL
To allow multichannel video programming distributors to
provide video programming to subscribers on an a la carte basis, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short
title.
This Act may be cited as
the “Television Consumer Freedom Act of
2013”.
SEC. 2. Definitions.
In this Act—
(1) the term “a
la carte” means offering video programming for purchase, whether on a
wholesale or retail basis, on an individual, per-channel basis rather than as
part of a package or tier of video programming;
(2) the terms
“channel ”, “multichannel video programming distributor”,
and “video programming” have the meaning given those terms in
section 602 of the Communications Act of 1934 (47 U.S.C. 522);
(3) the term
“Commission” means the Federal Communications Commission;
(4) the term
“local commercial television station” has the meaning given that
term in section 614(h) of the Communications Act of 1934 (47 U.S.C.
534(h));
(5) the term
“qualified local noncommercial educational television station” has
the meaning given that term in section 615(l) of the Communications Act of 1934
(47 U.S.C. 535(l)); and
(6) the term
“video programming vendor” has the meaning given that term in
section 76.1300 of subpart Q of part 76 of subchapter C of chapter I of title
47, Code of Federal Regulations (47 C.F.R. 76.1300).
SEC. 3. A
la carte channels of video programming.
(a) In
general.—Except as provided in section 623(b)(7) of the
Communications Act of 1934 (47 U.S.C. 543(b)(7)), and notwithstanding any other
provision of law, or any regulation prescribed by the Commission, a
multichannel video programming distributor may provide subscribers with any
channel of video programming on an la carte basis.
(b) Incentives To
offer channels of video programming on an a la carte
basis.—Notwithstanding any other provision of law, or regulation
prescribed by the Commission—
(1) the
retransmission by a multichannel video programming distributor of a local
commercial television station that has elected retransmission consent under
section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) shall not
be subject to the statutory license under sections 111(c) and 122 of title 17,
United States Code, if the multichannel video programming distributor does not
offer such local commercial television station, and any other channels of video
programming under common control with such local commercial television station,
for purchase by subscribers on an a la carte basis;
(2) a local
commercial television station may not elect retransmission consent under
section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) or avail
itself of the protections of the network program non-duplication and syndicated
exclusivity regulations under subpart F of part 76 of subchapter C of chapter I
of title 47, Code of Federal Regulations (47 C.F.R. 76.92 et seq.), if such
local commercial television station, and any other channels of video
programming under common control with such local commercial television station,
is not made available to multichannel video programming distributors for
purchase or sale on an a la carte basis; and
(3) a video
programming vendor may offer a channel of video programming for purchase by a
multichannel video programming distributor as part of a package of video
programming only if such video programming vendor also offers such channel of
video programming for purchase by the multichannel video programming
distributor on an a la carte basis.
(c) Minimum
contents of basic tier.—The Communications Act of 1934 (47 U.S.C.
151 et seq.) is amended—
(ii) by
redesignating clause (ii) as clause (i); and
(iii) by adding at
the end the following:
“(ii) All local
commercial television stations and qualified low power stations carried in
fulfillment of the election under section 325(b) by the station of its right to
mandatory carriage under section 614.
“(iii) All qualified
local noncommercial educational television stations carried in fulfillment of a
request for carriage under section 615.”;
and
(B) in subsection
(l), by adding at the end the following:
“(3) The terms
‘local commercial television station’ and ‘qualified low power
station’ have the meaning given those terms in section
614(h).”;
(A) by striking
paragraph (6) and redesignating paragraphs (7), (8), (9), and (10) as
paragraphs (6), (7), (8), and (9), respectively; and
(B) in paragraph (6),
as redesignated, by striking “Signals carried in fulfillment of the
requirements of this section” and inserting “All local commercial
television stations and qualified low power stations carried in fulfillment of
the election by the station of its right to mandatory carriage under this
section”; and
(3) in section 615(h)
(47 U.S.C. 535(h)), by striking “lowest priced service tier that includes
the retransmission of local commercial television broadcast signals.”
and inserting “basic service tier.”.
(d) Disclosure
requirement.—If a multichannel video programming distributor and a
video programming vendor fail to reach agreement regarding the terms, including
price, for the purchase by the multichannel video programming distributor of
the right to provide subscribers with a local commercial television station or
other channel of video programming from the video programming vendor on an a la
carte basis, the multichannel video programming distributor and the video
programming vendor each shall disclose to the Commission the terms of the most
recent offer made by the multichannel video programming distributor and the
video programming vendor, respectively.
SEC. 4. Spectrum use in
the public interest.
Section
325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended—
(1) by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
(2) after paragraph
(5), by inserting the following:
“(6) PARITY FOR
OVER-THE-AIR AND MULTICHANNEL VIDEO PROGRAMMING VIEWERS.—
“(A) IN
GENERAL.—A television broadcast station that does not retransmit
the signal over-the-air that is identical to the signal retransmitted to a
multichannel video programming distributor shall forfeit any spectrum license
of such television broadcast station.
“(B) REALLOCATION
AND REASSIGNMENT OF SPECTRUM LICENSE.—Any spectrum license
forfeited pursuant to subparagraph (A) shall be reallocated and reassigned by
the Commission pursuant to section 309(j).
“(C) EXCEPTION.—Subparagraph
(A) shall not apply to content that is a commercial advertisement that is not
more than 60 seconds in duration.
“(D) DEFINITIONS.—In
this paragraph—
“(i) the terms
‘multicast stream’ and ‘primary stream’ have the meaning
given those terms in section 119(d) of title 17, United States Code; and
“(ii) the term
‘multichannel video programming distributor’ has the meaning given
that term in section 602 (47 U.S.C.
522).”.
SEC. 5. Sports blackout
repeal for publicly financed stadiums.
The Commission shall amend subpart F of part
76 of subchapter C of chapter I of title 47, Code of Federal Regulations (47
C.F.R. 76.92 et seq.), to prohibit the application of sports blackout
regulations to the broadcast of a sporting event taking place in a venue the
construction of which was financed, in whole or in part, by the Federal
Government or a State or local government.