Home > 106th Congressional Bills > H.R. 1028 (ih) To direct the Administrator of the Small Business Administration to redesignate the branch office of the Administration located in Melville, New York, as a district office. [Introduced in House] ...H.R. 1028 (ih) To direct the Administrator of the Small Business Administration to redesignate the branch office of the Administration located in Melville, New York, as a district office. [Introduced in House] ...
satellite feed, the Public Broadcasting Service shall be the
agent for all public television copyright claimants and all
Public Broadcasting Service member stations.''.
SEC. 5. PUBLIC BROADCASTING SERVICE SATELLITE FEED; DEFINITIONS.
(a) Secondary Transmissions.--Section 119(a)(1) of title 17, United
States Code, is amended--
(1) by striking the paragraph heading and inserting ``(1)
Superstations and pbs satellite feed.--'';
(2) by inserting ``or by the Public Broadcasting Service
satellite feed'' after ``superstation''; and
(3) by adding at the end the following: ``In the case of
the Public Broadcasting Service satellite feed, subsequent to--
``(A) the date when a majority of subscribers to
satellite carriers are able to receive the signal of at
least one noncommercial educational television
broadcast station from their satellite carrier within
such stations' local market, or
``(B) 2 years after the effective date of the
Copyright Compulsory License Improvement Act,
whichever is earlier, the statutory license created by this
section shall be conditioned on the Public Broadcasting Service
certifying to the Copyright Office on an annual basis that its
membership supports the secondary transmission of the Public
Broadcasting Service satellite feed, and providing notice to
the satellite carrier of such certification.''.
(b) Definitions.--Section 119(d) of title 17, United States Code,
is amended by adding at the end the following:
``(12) Public broadcasting service satellite feed.--The
term `Public Broadcasting Service satellite feed' means the
national satellite feed distributed by the Public Broadcasting
Service consisting of educational and informational programming
intended for private home viewing, to which the Public
Broadcasting Service holds national terrestrial broadcast
rights.
``(13) Local market.--The term `local market' has the
meaning given that term in section 122(j)(2).
``(14) Television broadcast station.--The term `television
broadcast station' has the meaning given that term in section
122(j)(5).''.
SEC. 6. LOCAL TO LOCAL RETRANSMISSIONS.
Section 119 of title 17, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``(6)'' and
inserting ``(5)'';
(B) in paragraph (2)--
(i) by striking
``(2) Network stations.--
``(A) In general.--Subject to the provisions of
subparagraphs (B) and (C) of this paragraph and
paragraphs (3), (4), (5), and (6)''
and inserting
``(2) Network stations.--Subject to the provisions of
paragraphs (3), (4), and (5)'' and running in the remaining
text of the subparagraph;
(ii) by adding at the end of paragraph (2)
the following: ``Notwithstanding the preceding
provisions of this paragraph, secondary
transmissions of programming contained in a
primary transmission made by a network station
and embodying a performance or display of a
work shall not be subject to statutory
licensing under this section in a local market
in which the satellite carrier, or another
satellite carrier, is serving subscribers in
that market with 2 or more television broadcast
stations located in that market pursuant to
section 122.''; and
(iii) by striking subparagraphs (B) and
(C);
(C) in paragraph (3), by striking ``, or has failed
to make the submissions to networks required by
paragraph (2)(C)''; and
(D) by striking paragraphs (5), (8), (9), and (10)
and redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively; and
(2) in subsection (d), by striking paragraphs (10) and
(11).
SEC. 7. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION REGULATIONS.
Section 119(a) of title 17, United States Code, is amended--
(1) in paragraph (1), by inserting ``the satellite carrier
is in compliance with the rules, regulations, or authorizations
of the Federal Communications Commission governing the carriage
of television broadcast station signals,'' after ``satellite
carrier to the public for private home viewing,''; and
(2) in paragraph (2), by inserting ``the satellite carrier
is in compliance with the rules, regulations, or authorizations
of the Federal Communications Commission governing the carriage
of television broadcast station signals,'' after ``satellite
carrier to the public for private home viewing,''.
SEC. 8. RETRANSMISSION CONSENT.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(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 station;
``(B) pursuant to 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) pursuant to section 337, in the case of a station
electing, in accordance with this subsection, to assert the
right to carriage under such section.
``(2) The provisions of this subsection shall not apply to--
``(A) retransmission of the signal of a noncommercial
broadcasting station;
``(B) 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; and
``(ii) as of July 1, 1998, such station was
retransmitted by a satellite carrier under the
statutory license provided in section 119 of title 17,
United States Code;
``(C) retransmission of the signal of a broadcasting
station that is owned or operated by, or affiliated with, a
broadcasting network directly to a home satellite antenna, if
the household receiving the signal is located in an area in
which such station may not assert its rights not to have its
signal duplicated under the Commission's network nonduplication
regulations; or
``(D) retransmission by a cable operator or other
multichannel video provider 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 provided in section 119 of title 17,
United States Code.'';
(2) by adding at the end of paragraph (3) the following new
subparagraph:
``(C) Within 45 days after the effective date of the Satellite
Television Improvement Act, 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 limitation contained in paragraph (2). Such
regulations shall establish election time periods that correspond with
those regulations adopted under subparagraph (B). The rulemaking shall
be completed within 180 days after the effective date of the Satellite
Television Improvement Act.''; and
(3) by adding at the end the following new paragraph:
``(7) For purposes of this subsection:
``(A) The term `superstation' means a television broadcast
station, other than a network station, licensed by the
Commission that is secondarily transmitted by a satellite
carrier.
``(B) The term `satellite carrier' has the meaning given
that term in section 119(d) of title 17, United States Code.''.
SEC. 9. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
BROADCAST SIGNALS.
Title III of the Communications Act of 1934 is amended by inserting
after section 337 the following new section:
``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
``(a) Carriage Obligations.--Each satellite carrier providing
direct to home service of a television broadcast station to subscribers
located within the local market of such station pursuant to section 122
of title 17, United States Code, shall, not later than January 1, 2002,
carry all television broadcast stations located within that local
market. Carriage of additional television broadcast stations within the
local market shall be at the discretion of the satellite carrier,
subject to section 325(b).
``(b) Good Signal Required.--
``(1) Costs.--A television broadcast station asserting its
right to carriage under subsection (a) shall be required to
bear the costs associated with delivering a good quality signal
to the designated local receive facility of the satellite
carrier. The selection of a local receive facility by a
satellite carrier shall not be made in a manner that frustrates
the purposes of this section.
``(2) Regulations.--The regulations issued under subsection
(g) shall set forth the obligations necessary to carry out this
subsection.
``(c) Duplication Not Required.--Notwithstanding subsection (a), a
satellite carrier shall not be required to carry the signal of any
local television broadcast station that substantially duplicates the
signal of another local television broadcast station which is
secondarily transmitted by the satellite carrier, or to carry the
signals of more that one local television broadcast station affiliated
with a particular broadcast network (as the term is defined by
regulation).
``(d) Channel Positioning.--No satellite carrier shall be required
to provide the signal of a local television broadcast station to
subscribers in that station's local market on any particular channel
number or to provide the signals in any particular order, except that
the satellite carrier shall retransmit the signal of the local
television broadcast station to subscribers in that station's local
market on contiguous channels and in a nondiscriminatory manner on any
navigational device, on-screen program guide, or menu.
``(e) Compensation for Carriage.--A satellite carrier shall not
accept or request monetary payment or other valuable consideration in
exchange either for carriage of local television broadcast stations in
fulfillment of the requirements of this section or for channel
positioning rights provided to such stations under this section, except
that any such station may be required to bear the costs associated with
delivering a good quality signal to the local receive facility of the
satellite carrier.
``(f) Remedies.--
``(1) Complaints by broadcast stations.--Whenever a local
television broadcast station believes that a satellite carrier
has failed to meet its obligations under this section, such
station shall notify the carrier, in writing, of the alleged
failure and identify its reasons for believing that the
satellite carrier is obligated to carry the signal of such
station or has otherwise failed to comply with the channel
positioning or repositioning or other requirements of this
section. The satellite carrier shall, within 30 days of such
written notification, respond in writing to such notification
and either commence to carry the signal of such station in
accordance with the terms requested or state its reasons for
believing that it is not obligated to carry such signal or is
in compliance with the channel positioning and repositioning or
other requirements of this section. A local television
broadcast station that is denied carriage or channel
positioning or repositioning in accordance with this section by
a satellite carrier may obtain review of such denial by filing
a complaint with the Commission. Such complaint shall allege
the manner in which such satellite carrier has failed to meet
its obligations and the basis for such allegations.
``(2) Opportunity to respond.--The Commission shall afford
such satellite carrier and opportunity to present data and
arguments to establish that there has been no failure to meet
its obligations under this section.
``(3) Remedial actions; dismissal.--Within 120 days after
the date a complaint is filed, the Commission shall determine
whether the satellite carrier has met its obligations under
this section. If the Commission determines that the satellite
carrier has failed to meet such obligations, the Commission
shall order the satellite carrier to reposition the complaining
station or, in the case of an obligation to carry a station, to
commence carriage of the station and to continue such carriage
for at least 12 months. If the Commission determines that the
satellite carrier has fully met the requirements of this
section, it shall dismiss the complaint.
``(g) Regulations by Commission.--Within 180 days after the
effective date of this section, the Commission shall, following a
rulemaking proceeding, issue regulations implementing the requirements
imposed by this section.
``(h) Definitions.--As used in this section:
``(1) Television broadcast station.--The term `television
broadcast station' means a full-power television broadcast
station, and does not include a low-power or translator
television broadcast station.
``(2) Local market.--The term `local market' means the
designated market area in which a station is located.
``(3) Designated market area.--The term `designated market
area' means a designated market area, as determined by the
Nielsen Media Research and published in the DMA Market and
Demographic Report or, if no longer published, as determined by
another commercial publication that delineates television
markets based on viewing patterns.
``(4) Local receive facility.--The term local receive
facility means the reception point in the local market of a
television broadcast station or in a market contiguous to the
local market of a television broadcast station at which a
satellite carrier initially receives the signal of the station
for purposes of transmission of such signals to the facility
which uplinks the signals to the carrier's satellites for
secondary transmission to the satellite carrier's subscribers.
The designation of a local receive facility by a satellite
carrier shall not be used to undermine or evade the carriage
requirements imposed by this section.''.
SEC. 10. NETWORK NONDUPLICATION; SYNDICATED EXCLUSIVITY AND SPORTS
BLACKOUT.
(a) Regulations.--
(1) In general.--Within 45 days after the effective date of
this Act, the Federal Communications Commission shall commence
a rulemaking to establish regulations that apply network
nonduplication protection, syndicated exclusivity protection,
and sports blackout protection to the retransmission of
broadcast signals by satellite carriers to subscribers. To the
extent possible, and where technologically feasible and economically
reasonable, such regulations shall, subject to paragraph (2), include
the same level of protection accorded retransmissions of television
broadcast signals by cable systems for network nonduplication (47
C.F.R. 76.92), syndicated exclusivity (47 C.F.R. 151), and sports
blackout (47 C.F.R. 76.67). The Commission shall complete all action
necessary to prescribe the regulations required by this section so that
the regulations shall become effective within 1 year after the date of
the enactment of this Act.
(2) Network nonduplication.--The network nonduplication
regulations required under paragraph (1) shall allow a network
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