Sec. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS
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## SEC. 1003 SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS ###
(a)Satisfaction of Good Faith Negotiation Requirement Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— ####
(1)in clause (iv), by striking “; and” and inserting a semicolon; ####
(2)in clause (v), by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following: > > ###### “(vi) > > not later than 90 days after the date of the enactment of the Television Viewer Protection Act of 2019, specify that— > > > ###### “(I) > > a multichannel video programming distributor may satisfy its obligation to negotiate in good faith under clause
(iii)with respect to a negotiation for retransmission consent under this section with a large station group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with such clause; > > > ###### “(II) > > it is a violation of the obligation to negotiate in good faith under clause
(iii)for the qualified MVPD buying group to disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely, to enter into the final terms negotiated by the qualified MVPD buying group; and > > > ###### “(III) > > a large station group has an obligation to negotiate in good faith under clause
(ii)with respect to a negotiation for retransmission consent under this section with a qualified MVPD buying group.” > . ###
(b)Definitions Section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)) is amended— ####
(1)in subparagraph (A), by striking “; and” and inserting a semicolon; ####
(2)in subparagraph (B), by striking the period at the end and inserting a semicolon; and ####
(3)by adding at the end the following: > > ##### “(C) > > ‘qualified MVPD buying group’ means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section— > > > ###### “(i) > > negotiates on behalf of two or more multichannel video programming distributors— > > > ###### “(I) > > none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and > > > ###### “(II) > > that do not collectively serve more than 25 percent of all households served by a multichannel video programming distributor in any single local market in which the applicable large station group operates; and > > > ###### “(ii) > > negotiates agreements for such retransmission consent— > > > ###### “(I) > > that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and > > > ###### “(II) > > under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates; > > > ##### “(D) > > ‘large station group’ means a group of television broadcast stations that— > > > ###### “(i) > > are directly or indirectly under common de jure control permitted by the regulations of the Commission; > > > ###### “(ii) > > generally negotiate agreements for retransmission consent under this section as a single entity; and > > > ###### “(iii) > > include only television broadcast stations that have a national audience reach of more than 20 percent; > > > ##### “(E) > > ‘local market’ has the meaning given such term in section 122(j) of title 17, United States Code; and > > > ##### “(F) > > ‘multichannel video programming distributor’ has the meaning given such term in section 602.” > . ###
(c)Conforming Amendments Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended— ####
(1)in paragraph (2), by striking “, and the term ‘local market’ has the meaning given that term in section 122(j) of such title”; and ####
(2)in paragraph (3)(C), by striking “(as defined in section 122(j) of title 17, United States Code)” each place it appears. ###
(d)Effective Date **[**[47 U.S.C. 325 note](/us/usc/t47/s325)**]** The amendments made by this section, and the regulations promulgated by the Federal Communications Commission under such amendments, shall not take effect before January 1 of the calendar year after the calendar year in which this Act is enacted.
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Sec. 1003
SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS
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