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Code · BILL · 113th Congress · S. 2799 (Introduced in Senate) — To extend the authority of satellite carriers to retransmit certain television broadcast station signals, and for oth... · Sec. 201

Sec. 201. Consumer protections in retransmission consent

632 words·~3 min read·/bill/113/s/2799/is/section-201·

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Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) ) is amended— in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station 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 by the Federal Communications Commission; .
Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) ), as amended, is further amended by adding at the end the following: prohibit a television broadcast station from limiting the ability of a multichannel video programming distributor to carry 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 or 614 of this Act, into the local market of such station, unless such stations are directly or indirectly under common de jure control permitted by the Commission; and .
Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) ), as amended, is further amended by adding at the end the following: following an expiration of a retransmission consent agreement between a television broadcast station and a multichannel video programming distributor under this section, permit the Commission— to request from the parties such information as it deems necessary to ensure that neither party has committed a per se violation of its duty to negotiate in good faith under this paragraph; and to determine, based on the information collected under subclause
(I)and in accordance with this Act, that a party to a retransmission consent negotiation has committed a per se violation of its duty to negotiate in good faith. . Section 325(b)(3) ( 47 U.S.C. 325(b)(3) ) is amended by adding at the end the following: The Commission shall commence a rulemaking to revise the regulations issued pursuant to subparagraph (C). That rulemaking shall— consider whether each of the following constitutes a failure to negotiate in good faith as required by this paragraph— the blocking of online content owned or controlled by a television broadcast station or a television network, or the act of soliciting, encouraging, or otherwise seeking to have another entity block access to online content, during retransmission consent negotiations or after the expiration of a retransmission consent agreement; and allowing a television network to review and approve the rates, terms, and conditions of a retransmission consent agreement, or the material terms of such agreement, for any television broadcast station not wholly owned by such network; and review and update the Commission's totality of the circumstances test to ensure that such test encourages parties to a retransmission consent negotiation to present bona fide proposals on the material terms of a retransmission consent agreement during negotiations and engage in timely negotiations to reach an agreement. . Section 325(b)(7) ( 47 U.S.C. 325(b)(7) ) is amended— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: television network means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States. . Section 325(b)(3)(C) ( 47 U.S.C. 325(b)(3)(C) ) is further amended by moving the margin of clause
(iii)4 ems to the left. Section 325(b) ( 47 U.S.C. 325(b) ) is amended by moving the margin of paragraph (7), as amended by this section, 4 ems to the left.
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Sec. 201
Consumer protections in retransmission consent
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