S.Amdt. 119
What it does: 2 changes: adds a section, replaces textWhat it changes
2 changes to S. 23 · 1 shown in the bill's text
Change 1: Adds SEC. 18. TELEVISION ACCESS on page 104, between lines 22 and 23
Adds a sectionPrinted pageInserted: SEC. 18. TELEVISION ACCESS.
Inserted: (a) Short Title.--This section may be cited as the "Four Corners Television Access Act of 2011".
Inserted: (b) Satellite Carriage of Certain Television Broadcast Signals.--Section 122(a)(4)(C) of title 17, United States Code, is amended--
Inserted: (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;
Inserted: (2) by striking "In the case of that State" and inserting the following:
Inserted: "(ii) In the case of that State"; and
Inserted: (3) by inserting before clause (ii) (as so redesignated by paragraph (2)) the following:
Inserted: "(i) In the case of that State in which are located 2 counties that--
Inserted: "(I) are located in the 44th largest designated market area for the year 2008 according to Nielsen Media Research; and
Inserted: "(II) had a combined total of 27,540 television households, according to the Nielsen DMA Market Atlas by Nielsen Media Research for 2008, the statutory license provided under this paragraph shall apply to secondary transmissions by a satellite carrier to subscribers in any such county of the primary transmissions of any network station located in that State, if the satellite carrier was making such secondary transmissions to any subscribers in that county on January 1, 2008.".
Inserted: (c) Cable Carriage of Certain Television Broadcast Signal.--Section 341 of Communications Act of 1934 (47 U.S.C. 341) is amended by adding at the end the following:
Inserted: "(c) Rule of Construction.--
Show 5 more inserted paragraphsShow less
Inserted: "(1) Significantly viewed.--Each television broadcast station broadcasting in the designated market area of a State capital is deemed significantly viewed in a covered county within the meaning of section 76.54 of title 47, Code of Federal Regulations, for purposes of the carriage and retransmission of the signals of such broadcast station by a cable system, translator, or other multichannel video programming distributor.
Inserted: "(2) Retransmission permitted.--Notwithstanding the provisions of section 325(b), a cable system, translator, or other multichannel video programming distributor may retransmit the signal of any television broadcast station described in paragraph (1) within a covered county.
Inserted: "(3) Definition of covered county.--For purposes of this subsection, a county is a covered county if--
Inserted: "(A) it is 1 of 2 counties located in the 44th largest designated market area for the year 2008 according to Nielsen Media Research; and
Inserted: "(B) it had a combined total of 27,540 television households, according to the Nielsen DMA Market Atlas by Nielsen Media Research for 2008.".
Original wording
On page 104, between lines 22 and 23, insert the following:
Change 2: Replaces “SEC. 18.” with “SEC. 19.”
In S. 23 · Reported to Senate
(f) Effective Date.--The amendments made by this section shall apply to any civil action commenced on or after the date of the enactment of this Act.
SEC.
[struck: 18][inserted: 19]. EFFECTIVE DATE.Effective Date</DELETED>.--Except as otherwise provided in this Act, the provisions of this Act shall take effect 1 year after the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.
Original wording
On page 104, line 23, strike “SEC. 18.” and insert “SEC. 19.”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 119. Mr. BENNET (for himself and Mr. Udall of Colorado) submitted an amendment intended to be proposed by him to the bill S. 23, to amend title 35, United States Code, to provide for patent reform; which was ordered to lie on the table; as follows:
On page 104, between lines 22 and 23, insert the following:
SEC. 18. TELEVISION ACCESS.
(a) Short Title.--This section may be cited as the “Four Corners Television Access Act of 2011”.
(b) Satellite Carriage of Certain Television Broadcast Signals.--Section 122(a)(4)(C) of title 17, United States Code, is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;
(2) by striking “In the case of that State” and inserting the following:
“(ii) In the case of that State”; and
(3) by inserting before clause (ii) (as so redesignated by paragraph (2)) the following:
“(i) In the case of that State in which are located 2 counties that--
“(I) are located in the 44th largest designated market area for the year 2008 according to Nielsen Media Research; and
“(II) had a combined total of 27,540 television households, according to the Nielsen DMA Market Atlas by Nielsen Media Research for 2008, the statutory license provided under this paragraph shall apply to secondary transmissions by a satellite carrier to subscribers in any such county of the primary transmissions of any network station located in that State, if the satellite carrier was making such secondary transmissions to any subscribers in that county on January 1, 2008.”.
(c) Cable Carriage of Certain Television Broadcast Signal.--Section 341 of Communications Act of 1934 (47 U.S.C. 341) is amended by adding at the end the following:
“(c) Rule of Construction.--
“(1) Significantly viewed.--Each television broadcast station broadcasting in the designated market area of a State capital is deemed significantly viewed in a covered county within the meaning of section 76.54 of title 47, Code of Federal Regulations, for purposes of the carriage and retransmission of the signals of such broadcast station by a cable system, translator, or other multichannel video programming distributor.
“(2) Retransmission permitted.--Notwithstanding the provisions of section 325(b), a cable system, translator, or other multichannel video programming distributor may retransmit the signal of any television broadcast station described in paragraph (1) within a covered county.
“(3) Definition of covered county.--For purposes of this subsection, a county is a covered county if--
“(A) it is 1 of 2 counties located in the 44th largest designated market area for the year 2008 according to Nielsen Media Research; and
“(B) it had a combined total of 27,540 television households, according to the Nielsen DMA Market Atlas by Nielsen Media Research for 2008.”.
On page 104, line 23, strike “SEC. 18.” and insert “SEC. 19.”.
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Senate amendment submitted
March 1, 2011