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Union Calendar No. 51
106th CONGRESS
1st Session
H. R. 851
[Report No. 106-79, Part I]
_______________________________________________________________________
A BILL
To require the Federal Communications Commission to establish improved
predictive models for determining the availability of television
broadcast signals.
_______________________________________________________________________
April 16, 1999
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
Union Calendar No. 51
106th CONGRESS
1st Session
H. R. 851
[Report No. 106-79, Part I]
To require the Federal Communications Commission to establish improved
predictive models for determining the availability of television
broadcast signals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 1999
Mr. Tauzin (for himself, Mr. Markey, Mr. Bliley, Mr. Dingell, Mr.
Oxley, Mr. Upton, Mr. Gillmor, Mrs. Cubin, Mr. Stearns, Mr. Largent,
Mr. Pickering, Mr. Blunt, Mr. Bilbray, Mr. Hill of Montana, Mr. Lewis
of California, Mr. Hilleary, Mr. John, Mr. Goss, and Mr. Boehlert)
introduced the following bill; which was referred to the Committee on
Commerce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
April 7, 1999
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
April 7, 1999
Referral to the Committee on the Judicary extended for a period ending
not later than April 16, 1999
April 16, 1999
Additional sponsors: Mr. Sanders, Mr. Ewing, Mr. Boucher, Mr. Taylor of
North Carolina, Mr. Gilman, Mr. DeFazio, Mr. Bereuter, Mrs. Wilson, Mr.
Turner, Mrs. Emerson, Mr. Barrett of Nebraska, Mr. McHugh, Mr. Sawyer,
Mrs. Capps, Mr. Sandlin, Mr. McInnis, Mr. Bass, Mr. Peterson of
Pennsylvania, Mr. Sununu, Mr. Hutchinson, Mr. Oberstar, Mr. Collins,
Mr. Tierney, Mr. LaTourette, Mr. Olver, Mr. Rush, Mr. Ehrlich, Mr.
Walsh, Mr. Barcia, Mr. Smith of Michigan, Mr. Reyes, Mr. Campbell, Mrs.
Kelly, Mr. Lampson, Mr. George Miller of California, Mr. Norwood, Mr.
Castle, Mr. Deal of Georgia, Mr. Thompson of Mississippi, Mr. Dickey,
Mr. Moore, Mr. Petri, Mr. Ney, Mr. Burton of Indiana, Mr. Calvert, Mr.
Young of Alaska, Mr. Thompson of California, Mr. Aderholt, Mr. Minge,
Mr. Traficant, and Mr. Hinchey
April 16, 1999
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To require the Federal Communications Commission to establish improved
predictive models for determining the availability of television
broadcast signals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Save Our Satellites Act of
1999''.</DELETED>
<DELETED>SEC. 2. FEDERAL COMMUNICATIONS COMMISSION RULEMAKING
REQUIRED.</DELETED>
<DELETED> Title I of the Communications Act of 1934 is amended by
inserting after section 11 (47 U.S.C. 161) the following new
section:</DELETED>
<DELETED>``SEC. 12. FEDERAL COMMUNICATIONS COMMISSION RULEMAKING
REQUIRED.</DELETED>
<DELETED> ``(a) Establishment of Improved Predictive Models
Required.--Within 90 days after the date of enactment of this section,
the Commission shall establish different predictive models for making
determinations of the boundaries of areas within the predicted Grade B
Contour of television broadcast stations for purposes of this Act and
for purposes of other Federal statutes and regulations. Such models
shall include a model based on one of the models described in the
Commission's report and order adopted February 2, 1999 (CS Docket 98-
201).</DELETED>
<DELETED> ``(b) Treatment as Unserved Household.--Any subscriber who
on February 24, 1999, is receiving from a satellite carrier for private
home viewing secondary transmissions of programming contained in a
primary transmission made by a network station shall, during the period
beginning February 24, 1999, and until the Commission completes the
action required by subsection (a), be treated as residing in an
unserved household for purposes of section 119 of title 17, United
States Code.</DELETED>
<DELETED> ``(c) Definitions.--The terms used in this section have
the meanings provided by section 119(d) of title 17, United States
Code.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Competition and Consumer
Protection Act''.
TITLE I--AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934
SEC. 101. RETRANSMISSION CONSENT.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) by amending paragraphs (1) and (2) to read as follows:
``(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a television broadcast
station, or any part thereof, except--
``(A) with the express authority of the originating
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 338, 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--
``(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
compulsory license of section 119 of title 17, United
States Code; and
``(iii) the satellite carrier complies with all
network nonduplication, syndicated exclusivity, and
sports blackout rules adopted by the Commission
pursuant to section 712 of this Act;
``(C) until 7 months after the date of enactment of the
Satellite Competition and Consumer Protection Act, to
retransmission of the signal of a television network station
directly to a satellite antenna, if the subscriber receiving
the signal is located in an area outside the local market of
such station; or
``(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
compulsory license of 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 date of enactment of the Satellite
Competition and Consumer Protection 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 limitations contained in
paragraph (2). The Commission shall complete all actions necessary to
prescribe such regulations within one year after such date of
enactment. Such regulations shall--
``(i) establish election time periods that correspond with
those regulations adopted under subparagraph (B) of this
paragraph; and
``(ii) prohibit television broadcast stations that provide
retransmission consent from engaging in discriminatory
practices, understandings, arrangements, and activities,
including exclusive contracts for carriage, that prevent a
satellite carrier from obtaining retransmission consent from
such stations.'';
(3) in paragraph (4), by adding at the end the following
new sentence: ``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, the provisions of section 338 shall not
apply to the carriage of the signal of such station by such
satellite carrier.'';
(4) in paragraph (5), by striking ``614 or 615'' and
inserting ``338, 614, or 615''; and
(5) by adding at the end the following new paragraph:
``(7) For purposes of this subsection, the term `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.''.
SEC. 102. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
BROADCAST SIGNALS.
Title III of the Communications Act of 1934 is amended by inserting
after section 337 (47 U.S.C. 337) the following new section:
``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.
``(a) Carriage Obligations.--
``(1) In general.--Subject to the limitations of
subparagraph (2), each satellite carrier providing secondary
transmissions to subscribers located within the local market of
a television broadcast station of a primary transmission made
by that station shall carry upon request all television
broadcast stations located within that local market, subject to
section 325(b), by retransmitting the signal or signals of such
stations that are identified by Commission regulations for
purposes of this section.
``(2) Effective date.--No satellite carrier shall be
required to carry local television broadcast stations under
paragraph (1) until January 1, 2002.
``(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 or to another facility that is acceptable to at least
one-half the stations asserting the right to carriage in the
local market.
``(2) Regulations.--The regulations issued under subsection
(g) shall set forth the obligations necessary to carry out this
subsection.
``(c) Duplication Not Required.--
``(1) Commercial stations.--Notwithstanding subsection (a),
a satellite carrier shall not be required to carry upon request
the signal of any local commercial television broadcast station
that substantially duplicates the signal of another local
commercial television broadcast station which is secondarily
transmitted by the satellite carrier within the same local
market, or to carry upon request the signals of more than 1
local commercial television broadcast station in a single local
market that is affiliated with a particular television network.
``(2) Noncommercial stations.--The Commission shall
prescribe regulations limiting the carriage requirements under
subsection (a) of satellite carriers with respect to the
carriage of multiple local noncommercial television broadcast
stations. To the extent possible, such regulations shall
provide the same degree of carriage by satellite carriers of
such multiple stations as is provided by cable systems under
section 615.
``(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 stations to subscribers in the stations' local
market on contiguous channels and provide access to such station's
signals at a nondiscriminatory price 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
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