Madam Speaker, I rise in support of H.R. 3570, the Satellite Home Viewer Update and Reauthorization Act of 2009. This legislation reauthorizes the satellite compulsory license for carriage of distant network satellite affiliate TV station…
Madam Speaker, I rise in support of H.R. 3570, the Satellite Home Viewer Update and Reauthorization Act of 2009. This legislation reauthorizes the satellite compulsory license for carriage of distant network satellite affiliate TV station signals. If this bill does not become law before the end of the year, the distant network carriage license will expire and satellite subscribers would be left in the dark.
While I support the underlying legislation, I would like to draw attention to a provision that I believe could undermine our efforts to ensure rural residents have access to local programming. By redefining an ``unserved household'' to include those served by multicast networks, this legislation allows satellite broadcasters to continue to import distant, out-of-market signals into short markets when they are no longer necessary. I request that a letter signed by 18 bipartisan Members of the House of Representatives expressing concern over this definition of ``unserved household,'' be inserted as an extraneous material.
Washington, DC,
December 2, 2009.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Hon. Lamar Smith,
Ranking Member, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Chairman Conyers and Ranking Member Smith: We write
today to express our concerns regarding the manner in which
H.R. 3570, the Satellite Home Viewer Update and
Reauthorization Act of 2009, would diminish the availability
of local programming available to satellite television
subscribers.
Digital multicasting enables broadcasters to provide TV
viewers with expanded options for free, local TV programming
beyond the primary network affiliate channel. In pursuit of
this promise, many broadcasters have already begun
multicasting dedicated sports, ethnic, minority, weather,
news, and hyper-local channels.
In various markets, including ``short markets,'' i.e.,
television markets lacking a full complement of network
affiliates, some stations have begun multicasting a local
network affiliate other than the network affiliate carried on
their primary channel. For example, television viewers in the
Beaumont, TX market, which lacked a local NBC station, can
now watch local NBC affiliate K-JAC as a multicast channel
provided by a station that broadcasts the ABC affiliate
KBMT on its primary channel. It is important to note that
this multicast channel, like numerous similar network
affiliates that are broadcast on multicast channels across
the country, is a full-fledged network station providing
viewers with a full slate of a network's programming to the
same geographic area as the station's other digital channel
that broadcasts ABC programming. There is no rational public
policy reason to treat the two network channels differently
under copyright law.
Unfortunately, H.R. 3570, the Satellite Home Viewer Update
and Reauthorization Act of 2009, enables DBS companies to
impede and undermine multicast network affiliates. By re-
defining a household capable of receiving a local network
signal through the air as ``unserved'' if the signal is
delivered via digital multicast technology, Sections 3(h)(1)
and 3(h)(6) of H.R. 3570 together allow DBS companies to
import distant network affiliates that duplicate the
programming of the local, multicast network affiliate. This
provision will not only undermine existing multicast
stations, but it will also give local stations far less
incentive to multicast an additional local network affiliate
in the future if large numbers of potential viewers are
already receiving an affiliate of that network through a DBS
provider. Thus, these provisions may deprive viewers of
locally-oriented programming by undermining existing
multicast arrangements and removing the incentive for local
stations to continue to offer or roll out new multicast
network affiliated channels.
While H.R. 3570 only provides satellite companies this
ability for 3 years following enactment, after the recent
economic downturn, the next three years will be critical to
the development of new, innovative, free, over-the-air
digital network broadcast services, including networks that
contain programming developed for ethnic minorities. Sections
3(h)(1) and 3(h)(6) of H.R. 3570 should be changed to ensure
that DBS companies cannot import a distant network signal
that duplicates a local network affiliated multicast station.
Additionally, as twelve members of the House Judiciary
Committee stated in the additional views that were filed in
the report language that accompanied H.R. 3570, ``the
preference in section three of the bill may result in
discouraging free over-the-air local broadcasters from
affiliating with more than one network and developing a
market-based solution to the 'missing network affiliate'
problem. This would limit the number of free network
programming options available to consumers and, in effect,
require consumers to subscribe to pay television to receive
network they might otherwise have been able to view for
free.''
We appreciate your attention to this critically important
issue. As you continue to work on the reauthorization of the
Satellite Home Viewer Extension and Reauthorization Act
during a House-Senate conference committee, we encourage you
to support the approach to protecting multicast channels that
was adopted by the Senate Judiciary Committee.
Sincerely,
Frank Kratovil; Roy Blunt; Tom Cole; Alan Mollohan;
Rodney Alexander; Michael McMahon; Brett Guthrie; Bob
Filner; Thomas Rooney; Nick J. Rahall; Christopher Lee;
Gregory Meeks; Blaine Luetkemeyer; Raul Grijalva;
Shelley Capito; Sam Farr.