H.R. 2821, The Television Freedom Act of 2007

[dfergie]

H.R. 2821, The Television Freedom Act of 2007

H.R. 2821 would amend section 122 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers and cable operators to retransmit the signals of local television broadcast stations to their adjacent markets.

Source:
Washington Watch

The Bill:

Television Freedom Act of 2007 (Introduced in House)


HR 2821 IH
110th CONGRESS
1st Session
H. R. 2821
To amend section 122 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers and cable operators to retransmit the signals of local television broadcast stations to their adjacent markets, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 21, 2007


Mr. ROSS (for himself, Mrs. CUBIN, and Mr. BOREN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend section 122 of title 17, United States Code, and the Communications Act of 1934 to permit satellite carriers and cable operators to retransmit the signals of local television broadcast stations to their adjacent markets, and for other purposes.

• Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

• This Act may be cited as the `Television Freedom Act of 2007'.

SEC. 2. SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS WITHIN LOCAL MARKETS.

• Section 122 of title 17, United States Code, is amended--

• • (1) in subsection (a)--

• • • (A) in the matter preceding paragraph (1), by inserting `or adjacent market' after `station's local market';

• • • (B) in paragraph (2), by striking `and' after the semicolon;

• • • (C) in paragraph (3), by striking the period at the end and inserting `; and'; and

• • • (D) by adding at the end the following new paragraph:

• • `(4) in the case of a satellite carrier that makes secondary transmissions into a television broadcast station's adjacent market, the satellite carrier also makes secondary transmissions into that market of the signals of the television broadcast stations located in that market.';

• • (2) in subsections (d) an (e), by inserting `or adjacent market' after `into the local market';

• • (3) in subsection (f), by inserting `or adjacent market' after `station's local market' in paragraphs (1) and (2);

• • (4) in subsection (g), by inserting `or adjacent market' after `station's local market'; and

• • (5) in subsection (j), by adding at the end the following:

• • `(6) ADJACENT MARKET- The term `adjacent market', in the case of both commercial and noncommercial television broadcast stations, means any designated market area adjacent to, and at least partially in the same State as, the designated market area in which the station is located.'.

SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.

• (a) Retransmission Consent- Section 325(b)(2) of the Communications Act of 1934 (47 U.S.C. 325(b)(2)) is amended--

• • (1) by striking `or' at the end of subparagraph (D);

• • (2) by striking the period at the end of subparagraph (E) and inserting `; or'; and

• • (3) by inserting after subparagraph (E) the following new subparagraph:

• • • `(F) to retransmission of the signals of a television broadcast station to a subscriber located in the station's adjacent market--

• • • • `(i) by a satellite carrier directly to the satellite antenna of the subscriber under section 122 of title 17, United States Code, or

• • • • `(ii) by a cable operator or other multichannel video programmer, other than a satellite carrier, to the subscriber.'; and

• • (4) in the last sentence, by striking `the term `local market' has the meaning that term' and inserting `the terms `local market' and `adjacent market' have the meanings given such terms'.

• (b) Carriage of Distant Signals- Section 339(a)(1)(B) of such Act (47 U.S.C. 339(a)(1)(B)) is amended by inserting `or adjacent market' after `local market'.

• (c) Waiver of Duplication Rules-

• • (1) WAIVER REQUIRED- Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall commence a proceeding to revise the regulations concerning network nonduplication protection, syndicated exclusivity protection, and sports blackout protection (47 CFR part 76) against the retransmission by a cable operator or by a satellite carrier of signals of network stations to subscribers to permit such retransmission if the subscriber receiving the signals is located in the station's adjacent market (as such term is defined in section 122(j)(6) of title 17, United States Code).

• • (2) DEADLINE FOR ACTION- The Commission shall complete all actions necessary to prescribe the revised regulations required by paragraph (1) within 180 days after the date of enactment of this Act.

Source:
The Library of Congress

[mdonnelly]

Talking about DMAs that cross state lines. I heard there weren't many of those. I think this one is targeted at the AR/OK border around Ft. Smith, AR.

[dfergie]

Same here I believe, Hobbs 80 miles east is in the Odessa/Midland Texas DMA , there are parts of Southern Colorado in the Albuquerque DMA and I believe Las Cruces Might be in the El Paso DMA...

[Jeff003]

So let me get this straight if I live in Macon GA will I be able to get the Macon Locals and the Atlanta ones also if this bill goes thru?

[Brian Hall]

Talking about DMAs that cross state lines. I heard there weren't many of those. I think this one is targeted at the AR/OK border around Ft. Smith, AR.

I live in Oklahoma closer to Ft. Smith, AR than Tulsa. I would much prefer to receive the Tulsa stations. I have contacted my senators and representatives about this bill.

Please contact your representatives and ask them to support this bill.

[Yes616]

I myself am located is a type of middle area. Between NYC, Binghamton and Scranton/WilkesBarre.

Around here the cable system carries one or two channels from Binghamton and Scranton and all the major channels from NYC.

I subscribe to Dish Network and would love to see them being able to supply me with all of the Scranton/WilkesBarre channels in addition to NYC. Binghamton is no option right now as Dish doesn't even carry them.

And even if this passed would Dish be able to provide adjacent DMA's after all the trouble they got into with providing distants last year?

OTA is no option for me as I am deep in the boonies.

[Hemi 6.1]

This would be great. I vote yes.

[mdamberger]

This bill only pertains to people who live in another state, but get their broadcast stations from an adjacent state. Like Las Cruses in NM, they get El Paso in TX, but don't see NM news or politics, but only get TX news and politics. In a sense, Las Cruses viewers don't really know what's going on in their own state if they watch "local" El Paso stations 40 miles south. But if they could get ABQ stations 200 miles north of them, they would see State and political news about NM. Also you can be guaranteed they would never see any advertisement from their political candidates, or messages about NM programs for social, or economic improvements that the state pays to run on stations. Like their summer Super Blitz of Drunk Drivers on highways. Santa Fe would not want to pay for both NM and TX stations to air their PSA's etc.. This would also effect people south of Hobbs in S. Lea Co. and those in northern and central NM along the border with TX, like Portales and Clovis, who only get Amarillo TX stations via satellite, but if you subscribe to cable, you get both NM and TX stations in those area. Satellite has no choice but to carry Amarillo DMA stations, since that's the way the rules are written, but cable CAN carry both NM and Amarillo stations since they get a signal from both over the air and are allowed too, if they have been significantly viewed in the past.

This is NOT a bill about picking and choosing whatever network affiliate you would rather get if your in the next market over. Like the example with getting Atlanta stations in Macon GA. Both are in the same state. This does not allow you to get an adjacent DMA if you are in the same state. Also you can't get an adjacent DMA if you are on the border with another state and happen to be able to pick up stations from the next market over, and you already have an in state signal serving your area. Say for example there was a network affiliate in Las Cruses, but you are in El Paso and already have a network affiliate serving El Paso, you would not be able to ask for that affiliate in Las Cruses since it's in another state and DMA, and (Las Cruses and El Paso are in the same DMA, but in this example they would not) your already served by an in state affiliate. Baltamore and Washington DC are close DMA's, but you would not be able to choose Washington in Baltamore just because you prefere their news or spots coverage, like the new baseball team.

The whole notion that you might be able to pick and choose affiliates across the country is ridicules, cable can't do this, and yes in some ways satellite could. But they would quickly run out of space. In order for them to do Local into Local they have spot beam signals about 500 miles across. To make it possible to res-use the same spectrum over and over again across the nation, otherwise they would run out of room for other networks like HBO etc.. If you want to play that game, send your buddy a Sling Box and have him set it up on his cable or satellite box, and watch TV over the Internet. Just don't interrupt his favorite program.

[Buzzdar]

does this apply to me i live in southern illinois. And my NBC comes from Kentucky my CBS FOX both come from Missouri. What would this mean to me?