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Code · BILL · 113th Congress · S. 912 (Introduced in Senate) — To allow multichannel video programming distributors to provide video programming to subscribers on an a la carte bas... · Sec. 3

Sec. 3. A la carte channels of video programming

641 words·~3 min read·/bill/113/s/912/is/section-3

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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. Notwithstanding any other provision of law, or regulation prescribed by the Commission— 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; 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 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.
The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended— in section 623 ( 47 U.S.C. 543 )— in subsection (b)(7)(A)— by striking clauses
(i)and (iii); by redesignating clause
(ii)as clause (i); and by adding at the end the following: 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. All qualified local noncommercial educational television stations carried in fulfillment of a request for carriage under section 615. ; and in subsection (l), by adding at the end the following: The terms local commercial television station and qualified low power station have the meaning given those terms in section 614(h). ; in section 614(b) ( 47 U.S.C. 534(b) )— by striking paragraph
(6)and redesignating paragraphs (7), (8), (9), and
(10)as paragraphs (6), (7), (8), and (9), respectively; and 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 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. . 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.
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  • 47 CFR 76.92
Citation graph
cites case law
Sec. 3
A la carte channels of video programming
U.S.C.§ 543
U.S.C.§ 325
U.S.C.§ 151
U.S.C.§ 534
U.S.C.§ 535
Cite47 CFR 76.92
Cites 6Cited by 0 across 0 sources
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