Sec. 102. Modification of television markets to further consumer access to relevant television programming
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Section 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ) is amended by adding at the end the following: 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. In considering requests filed under paragraph (1), the Commission— may determine that particular communities are part of more than one local market; and shall afford particular attention to the value of localism by taking into account such factors as— whether the station, or other stations located in the same area— have been historically carried on the cable system or systems within such community; or have been historically carried on the satellite carrier or carriers serving such community; whether the television station provides coverage or other local service to such community; 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; 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 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.
A market determination under this subsection shall not create additional carriage obligations for a satellite carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by means of its satellites in operation at the time of the determination. 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. 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.
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. . Section 614(h)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 534(h)(1)(C) ) is amended— in clause (ii)— in subclause (I), by striking community and inserting community or on the satellite carrier or carriers serving such community ; by redesignating subclauses
(III)and
(IV)as subclauses
(IV)and (V), respectively; by inserting after subclause
(II)the following: 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 by amending subclause (V), as redesignated, to read as follows: 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 by moving the margin of clause
(iv)2 ems to the left. The Commission shall make information available to consumers on its website that explains the market modification process, including— who may petition to include additional communities within, or exclude communities from, a— local market (as defined in section 122(j) of title 17, United States Code); or 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 the factors that the Commission takes into account when responding to a petition described in paragraph (1). 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. 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.
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Sec. 102
Modification of television markets to further consumer access to relevant television programming
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