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H.R. 5140: Satellite Television Community Protection and Promotion Act of 2019


The text of the bill below is as of Nov 18, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 5140

IN THE HOUSE OF REPRESENTATIVES

November 18, 2019

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to narrow the category of households eligible to receive signals under a distant-signal satellite license, and for other purposes.

1.

Short title

This Act may be cited as the Satellite Television Community Protection and Promotion Act of 2019.

2.

Eligibility to receive signals under a distant-signal satellite license

(a)

In general

Section 119 of title 17, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking signals, and and inserting signals,; and

(II)

by inserting , and the carrier provides local-into-local service to all DMAs after receiving the secondary transmission; and

(ii)

in subparagraph (B)—

(I)

by striking clauses (ii) and (iii); and

(II)

by adding at the end the following:

(ii)

Short markets

In the case of secondary transmissions to households located in short markets, subject to clause (i), the statutory license shall be further limited to secondary transmissions of only those primary transmissions of network stations that embody the programming of networks not offered on the primary stream or the multicast stream transmitted by any network station in that market.

;

(B)

by striking paragraphs (3), (6)(E), (9), (10), and (13); and

(C)

by redesignating paragraphs (4), (5), (6), (7), (8), (11), (12), and (14) as paragraphs (3) through (10), respectively;

(2)

in subsection (c)(1)(E)—

(A)

by striking the comma after in the agreement;

(B)

by striking until December 31, 2019, or; and

(C)

by striking , whichever is later and inserting until the subscriber for which the royalty is payable is no longer eligible to receive a secondary transmission pursuant to the license under this section;

(3)

in subsection (d)—

(A)

in paragraph (10)—

(i)

in subparagraph (D), by striking subsection (a)(11) and inserting subsection (a)(8);

(ii)

by striking subparagraphs (A), (B), (C), and (E);

(iii)

by redesignating subparagraph (D) as subparagraph (A); and

(iv)

by adding at the end the following:

(B)

is a subscriber located in a short market.

;

(B)

by striking paragraph (13);

(C)

by redesignating paragraphs (14) and (15) as paragraphs (13) and (14), respectively; and

(D)

by adding at the end the following:

(15)

Local-into-local service to all DMAs

The term local-into-local service to all DMAs has the meaning given such term in subsection (f)(7).

(16)

Short market

The term short market means a local market in which programming of one or more of the four most widely viewed television networks nationwide is not offered on either the primary stream or multicast stream transmitted by any network station in that market.

;

(4)

by striking subsections (e) and (h); and

(5)

by redesignating subsections (f) and (g) as subsections (e) and (f).

(b)

Previously covered subscribers under the STELA Reauthorization Act of 2014

(1)

In general

A subscriber of a satellite carrier who receives the secondary transmission of a network station under the statutory license in section 119 of title 17, United States Code, as in effect on the day before the date of the enactment of this Act, and to whom subsection (a)(2)(B) of such section, as amended by subsection (a), does not apply, shall continue to be eligible to receive that secondary transmission from such carrier under such license, and at the royalty rate established for such license by the Copyright Royalty Board or voluntary agreement, as applicable, until the date that is the earlier of—

(A)

120 days after the date of the enactment of this Act; or

(B)

the date on which such carrier provides local-into-local service to all DMAs.

(2)

Definitions

In this subsection, the terms satellite carrier, subscriber, secondary transmission, network station, and local-into-local service to all DMAs have the meaning given those terms in section 119 of title 17, United States Code.

(c)

Conforming amendments

Title 17, United States Code, is further amended—

(1)

in section 119, as amended by subsection (a)—

(A)

in subsection (a)—

(i)

in paragraph (1), by striking paragraphs (4), (5), and (7) and inserting paragraphs (3), (4), and (6); and

(ii)

in paragraph (2), by striking paragraphs (4), (5), (6), and (7) and inserting paragraphs (3), (4), (5), and (6); and

(B)

in subsection (g), by striking subsection (a)(7)(B) each place it appears and inserting subsection (a)(5)(B); and

(2)

in section 501(e), by striking section 119(a)(5) and inserting section 119(a)(3).