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HR 2821 IH

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.

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

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.

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