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Code · BILL · 116th Congress · H.R. 3994 (Introduced in House) — To repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and certain regul... · Sec. 3

Sec. 3. Repeal of regulatory intervention in the television marketplace under the Communications Act of 1934

1,001 words·~5 min read·/bill/116/hr/3994/ih/section-3

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The following sections of the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) are hereby repealed: Section 325(b) ( 47 U.S.C. 325(b) ). Section 325(e) ( 47 U.S.C. 325(e) ). Section 339 ( 47 U.S.C. 339 ). Section 340 ( 47 U.S.C. 340 ). Section 341 ( 47 U.S.C. 341 ). Section 342 ( 47 U.S.C. 342 ). Section 612 ( 47 U.S.C. 532 ). Section 712 ( 47 U.S.C. 612 ). Section 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ) is amended— in subsection (a)— in paragraph (1)— by inserting or under a marketplace agreement (as that term is defined in section 325), after Code, ; and by striking , subject to section 325(b) ; in paragraph (2), by striking 501(f) each place it appears and inserting 501(e) ; in paragraph (3)— by striking whose signals and all that follows through of title 17, United States Code, ; and by inserting or a marketplace agreement after such title ; by amending paragraph
(4)to read as follows: If, on or after the date of enactment of the Satellite Television Extension and Localism Act of 2010, an eligible satellite carrier initiates the provision of any secondary transmission in high-definition format to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, then such satellite carrier shall carry the signals in high-definition format of all qualified noncommercial educational television stations located within that local market. ; and by striking paragraph (5); in subsection (d), by inserting seeking carriage under subsection (a)(1) after signal of a local television broadcast station ; by striking subsection (h); by redesignating subsections (i), (j), (k), and
(l)as subsections (h), (i), (j), and (k), respectively; in subsection (j), as so redesignated— by striking paragraph (1); by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and
(10)as paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9), respectively; in paragraph (3), as so redesignated, by striking 122(j) and inserting 122(g) ; in paragraph (6), as so redesignated, by striking 119(d) and inserting 111(f) ; in paragraph (7), as so redesignated, by striking 119(d) and inserting 111(f) ; in paragraph (8), as so redesignated, by striking 122(j) and inserting 122(g) ; and in paragraph (9), as so redesignated, by striking 325(b)(7) and inserting 325 ; and in subsection (k), as so redesignated, by striking paragraph (5). Section 623 of the Communications Act of 1934 ( 47 U.S.C. 543 ) is amended— by striking subsections (a), (b), (c), (d), (g), (h), (i), (j), (k), (l), (m), (n), and (o); by redesignating subsections
(e)and
(f)as subsections
(a)and (b), respectively; and by adding at the end the following: No Federal agency, State, or franchising authority may regulate— the rates for the provision of the service of a multichannel video programming distributor; or the retransmission of television broadcast signals by a multichannel video programming distributor except in accordance with the requirements of sections 325, 338, 614, and 615. . Section 343 of the Communications Act of 1934 ( 47 U.S.C. 343 ) is redesignated as section 339 of such Act. Section 615 of the Communications Act of 1934 ( 47 U.S.C. 535 ) is amended— by striking subsection (f); and in subsection (l), by striking paragraph
(1)and inserting the following: The term qualified noncommercial educational television station means any full-power television broadcast station which— under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; or is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes. Such term includes— the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations. . Section 621(b)(3)(D) of the Communications Act of 1934 ( 47 U.S.C. 541(b)(3)(D) ) is amended by striking sections 611 and 612 and inserting section 611 . Section 622(c) of the Communications Act of 1934 ( 47 U.S.C. 542(c) ) is amended by striking pursuant to section 623 . Section 625 of the Communications Act of 1934 ( 47 U.S.C. 545 ) is amended— in subsection (c)— by striking rearrange, replace, and inserting replace ; in paragraph (1), by striking ; or and inserting a period; by striking paragraph (2); and by striking franchise if— and all that follows through such service is no longer and inserting franchise if such service is no longer ; and in subsection (d), by striking , if the rates and all that follows and inserting a period. Section 632(c) of the Communications Act of 1934 ( 47 U.S.C. 552(c) ) is amended by striking section 623(b)(6) or . Section 638 of the Communications Act of 1934 ( 47 U.S.C. 558 ) is amended by striking governmental use or on any other channel obtained under section 612 or under similar arrangements and inserting or governmental use . Section 653 of the Communications Act of 1934 ( 47 U.S.C. 573 ) is amended— in subsection (b)(1)— in subparagraph (C), by adding and at the end; and by striking subparagraph
(D)and redesignating subparagraph
(E)as subparagraph (D); and in subsection (c)(1)— in subparagraph (A)— by striking (other than subsection
(a)thereof) ; and by striking 623(f) and inserting 623(b) ; in subparagraph (B), by striking , and section 325 of title III, ; and in subparagraph (C)— by striking sections 612 and 617 and inserting section 617 ; and by striking 623(f) and inserting 623(b) .
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