I
113th CONGRESS
2d Session
H. R. 4635
IN THE HOUSE OF REPRESENTATIVES
May 9, 2014
Mr. Aderholt introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 the Communications Act of 1934 to provide for greater access to in-State television broadcast programming, and for other purposes.
Short title
This Act may be cited as the Orphan County Telecommunications Rights Act of 2014
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Modification of local television markets
In general
Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:
Modification of local television markets
In general
The adjacent underserved county of a television broadcast station may file with the Commission a petition for the inclusion of such county in the local market of such station. Not later than 120 days after receiving such a petition, the Commission shall grant such petition by modifying the local market of such station by including such county in such market.
Multiple markets
The Commission may determine under subsection (a) that a particular county is part of the local market of more than one television broadcast station affiliated with the same television network.
Single petition
A county may request the inclusion of such county in the local market of more than one television broadcast station in a single petition filed under subsection (a).
Point of contact with county
A county that files a petition under subsection (a) shall designate an official or body to communicate with the Commission about matters relating to such petition.
Carriage during pendency of proceeding
During the pendency of a proceeding on a petition under subsection (a) for the inclusion of a county in the local market of a television broadcast station, a multichannel video programming distributor may not delete from carriage the signal of a television broadcast station—
that is affiliated with the same television network; and
the local market of which includes such county.
Definitions
In this section:
Adjacent market
In general
The term adjacent market
means, with respect to a television broadcast station, any designated market area adjacent to, and partially but not entirely in the same State as, the designated market area in which the station’s community of license is located.
Treatment of certain counties
In the case of a county that is not within the local market or the adjacent market (as defined in subparagraph (A)) of any network station licensed to a community in the State in which such county is located, such county shall be considered to be within the adjacent market of any television broadcast station licensed to a community in the nearest designated market area—
that is located in whole or in part within such State; and
with respect to which the community of license of at least one network station is located both in such designated market area and in such State.
Adjacent underserved county
The term adjacent underserved county
means, with respect to a television broadcast station, a county within the station’s adjacent market that is both—
located in the same State as the station’s community of license; and
not within the local market of any other station that is both affiliated with the same television network and located in the same State.
Cable operator
The term cable operator
has the meaning given such term in section 602.
County
The term county
means a county, parish, or similar political subdivision of a State of the type generally used in determining the boundaries of designated market areas.
Designated market area
The term designated market area
has the meaning given such term in section 122(j)(2)(C) of title 17, United States Code.
Local market
The term local market
means, with respect to a television broadcast station—
for purposes of carriage of such station by satellite carriers, the local market of such station as determined under section 122(j)(2) of title 17, United States Code; and
for purposes of carriage of such station by cable operators, the television market of such station as determined under section 614(h)(1)(C).
Multichannel video programming distributor
The term multichannel video programming distributor
has the meaning given such term in section 602.
Network station
The term network station
has the meaning given such term in section 119(d) of title 17, United States Code.
Satellite carrier
The term satellite carrier
has the meaning given such term in section 119(d) of title 17, United States Code.
Television broadcast station
The term television broadcast station
has the meaning given such term in section 325(b).
Television network
The term television network
has the meaning given such term in section 339(d).
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Effect for purposes of cable carriage
Section 614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) is amended—
by moving the margin of clause (iv) two ems to the left; and
by adding at the end the following:
If the Commission modifies the local market of a television broadcast station under section 343 by including a county in such market, the Commission shall include within the television market of such station for purposes of this section all of the communities within such county.
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Effect for purposes of satellite carriage
Section 122(j)(2) of title 17, United States Code, is amended by adding at the end the following:
Modification by FCC
If the Federal Communications Commission modifies the local market of a television broadcast station under section 343 of the Communications Act of 1934, such modification shall modify the local market of such station as determined under this paragraph.
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