Sec. 4. Binding arbitration
438 words·~2 min read·
/bill/116/hr/3994/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 325 of the Communications Act of 1934, as amended by sections 2 and 3, is further amended by adding at the end the following: Beginning on the date that is 90 days after the date on which this subsection takes effect, the Commission shall, by regulation— provide that the Commission may require a television broadcast station and multichannel video programming distributor negotiating a marketplace agreement (and any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) to submit to binding arbitration— upon— a declaration of an impasse in negotiations by all parties negotiating the agreement; a preliminary finding by the Commission of a violation of the good faith requirement under subsection (f)(1)(A)(i); or the failure of the television broadcast station and multichannel programming distributor (or any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) to reach a marketplace agreement by the date that is 60 days after the date on which a marketplace agreement entered into by the television broadcast station and the multichannel video programming distributor (or by any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) expires; and in a form substantially similar to that imposed in Section VII of Appendix A of the Memorandum Opinion and Order in the matter of Applications of Comcast Corporation, General Electric Company, and NBC Universal, Inc.
For Consent to Assign Licenses and Transfer Control of Licensees that was adopted by the Commission on January 18, 2011 (FCC 11–4); and provide that the Commission may require a multichannel video programming distributor to retransmit a signal of a television broadcast station and the television broadcast station to permit the retransmission of that signal— during any period in which the television broadcast station and the multichannel video programming distributor (or any large station group or qualified MVPD buying group negotiating for a marketplace agreement on behalf of a television broadcast station or multichannel video programming distributor, respectively) are required to submit to binding arbitration under subparagraph (A); and in accordance with the interim carriage provisions imposed in Section VII of Appendix A of the Memorandum Opinion and Order described under subparagraph (A)(ii).
In this subsection, the terms large station group , marketplace agreement , multichannel video programming distributor , qualified MVPD buying group , and television broadcast station have the meaning given those terms in subsection (f). .