Television Viewer Protection Act of 2019
This bill addresses provisions related to the retransmission of television-station signals and applies consumer-rights and transparency requirements to consumers' cable and satellite services.
Specifically, the bill makes permanent a provision that allows a multichannel video programming distributor (MVPD) to retransmit television-station signals directly to a home if the subscriber receiving the signal resides in an unserved household located outside the local market of such a station. The bill also allows an MVPD to designate a qualified MVPD buying group to negotiate on its behalf with large broadcast ownership groups regarding retransmission consent for broadcast programming.
Further, the bill requires that providers of internet, voice, mobile, data, and MVPD services (1) engage in transparent sales and e-billing, and (2) refrain from charging a consumer for using equipment not provided by the service provider.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5035 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5035
To amend the Communications Act of 1934 to extend expiring provisions
relating to the retransmission of signals of television broadcast
stations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2019
Mr. Michael F. Doyle of Pennsylvania introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to extend expiring provisions
relating to the retransmission of signals of television broadcast
stations, 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 Viewer Protection Act of
2019''.
SEC. 2. EXTENSION OF AUTHORITY.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) in paragraph (2)(C), by striking ``December 31, 2019''
and inserting ``the expiration date, if any, described in
section 119(h) of title 17, United States Code''; and
(2) in paragraph (3)(C), by striking ``January 1, 2020''
each place it appears and inserting ``January 1, 2025''.
SEC. 3. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
(a) Satisfaction of Good Faith Negotiation Requirement.--Section
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C))
is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) not later than 90 days after the date of the
enactment of the Television Viewer Protection Act of 2019,
specify that a multichannel video programming distributor may
satisfy its obligation to negotiate in good faith under clause
(iii) with respect to a negotiation for retransmission consent
under this section with a large station group or a television
broadcast station by designating a qualified MVPD buying group
to negotiate on its behalf, so long as the qualified MVPD
buying group itself negotiates in good faith in accordance with
such clause.''.
(b) Definitions.--Section 325(b)(7) of the Communications Act of
1934 (47 U.S.C. 325(b)(7)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) `qualified MVPD buying group' means an entity that,
with respect to a negotiation with a large station group or
television broadcast station for retransmission consent under
this section--
``(i) negotiates on behalf of two or more
multichannel video programming distributors--
``(I) none of which is a multichannel video
programming distributor that serves more than
1,000,000 subscribers nationally; and
``(II) that do not collectively serve more
than 35 percent of all households served by a
multichannel video programming distributor in
any single local market in which the applicable
large station group or television broadcast
station operates; and
``(ii) negotiates agreements for such
retransmission consent--
``(I) that contain standardized contract
provisions, including billing structures and
technical quality standards, for each
multichannel video programming distributor on
behalf of which the entity negotiates; and
``(II) under which the entity assumes
liability to remit to the applicable large
station group or television broadcast station
all fees received from the multichannel video
programming distributors on behalf of which the
entity negotiates;
``(D) `large station group' means a group of television
broadcast stations that--
``(i) are directly or indirectly under common de
jure control permitted by the regulations of the
Commission;
``(ii) generally negotiate agreements for
retransmission consent under this section as a single
entity; and
``(iii) include, with respect to at least five
different local markets, at least one television
broadcast station ranked among the top four stations,
based on audience share, as measured by Nielsen Media
Research or by any comparable professional, accepted
audience ratings service;
``(E) `local market' has the meaning given such term in
section 122(j) of title 17, United States Code; and
``(F) `multichannel video programing distributor' has the
meaning given such term in section 602.''.
(c) Conforming Amendments.--Section 325(b) of the Communications
Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``1992,''; and
(B) by striking ``, and the term `local market' has
the meaning given that term in section 122(j) of such
title''; and
(2) in paragraph (3)(C), by striking ``(as defined in
section 122(j) of title 17, United States Code)'' each place it
appears.
SEC. 4. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by adding at the end the following:
``SEC. 723. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
``(a) Transparency in Advertising.--
``(1) In general.--A provider of a covered service may not
advertise the price of the covered service unless the
advertised price is the total amount that the provider will
charge for or relating to the provision of the covered service,
including any related taxes, administrative fees, equipment
rental fees, or other charges, to a consumer who accepts the
offer made in the advertisement.
``(2) Exception.--Paragraph (1) does not require a provider
of a covered service to include in the advertised price of the
covered service any tax, fee, or other charge that--
``(A) the provider is required to charge under any
provision of Federal law or of the law of a State or
political subdivision of a State; and
``(B) is not uniform throughout the United States.
``(b) Transparency in E-Billing.--If a provider of a covered
service provides a bill to a consumer in an electronic format, the
provider shall include in the bill and in any notification that the
bill is available--
``(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the covered
service by the amount charged for the provision of the service
itself and the amount of any related taxes, administrative
fees, equipment rental fees, or other charges, in the same
level of detail as would be provided in a paper bill; and
``(2) the termination date of the contract for the
provision of the covered service entered into between the
consumer and the provider.
``(c) Requirements for Increases in Charges.--
``(1) In general.--In the case of a provider of a covered
service that enters into a contract with a consumer for the
provision of a covered service, if the provider increases the
total amount charged for or relating to the provision of the
service under the contract, regardless of the amount of the
increase or whether the increase is in the amount charged for
the provision of the service itself or in any related taxes,
administrative fees, equipment rental fees, or other charges,
the provider shall--
``(A) provide the consumer with clear notice of the
increase not later than 21 days before the increase
takes effect, in the same manner in which the provider
provides to the consumer a notification that the
consumer's bill is available (or, if no separate
notification is provided, in the same manner as the
provider provides the consumer's bill to the consumer);
and
``(B) unless the increase is the result of an
increase in a tax, fee, or other charge that the
provider is required to charge under any provision of
Federal law or of the law of a State or political
subdivision of a State, or an additional such tax, fee,
or other charge, permit the consumer to terminate the
contract without paying any early termination fee or
other penalty.
``(2) Exception for additional or upgraded service
requested by consumer.--Paragraph (1) does not apply with
respect to an increase resulting from the provision, at the
request of the consumer, of a service that is in addition to,
or an upgrade of, a service covered by the contract.
``(d) Equipment Charges.--A provider of a covered service may not
charge a consumer for--
``(1) using covered equipment provided by the consumer; or
``(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
``(A) the provider has not provided the equipment
to the consumer; or
``(B) the consumer has returned the equipment to
the provider, except to the extent that the charge
relates to the period beginning on the date when the
provider provided the equipment to the consumer and
ending on the date when the consumer returned the
equipment to the provider.
``(e) Definitions.--In this section:
``(1) Covered equipment.--The term `covered equipment'
means equipment (such as a router) employed on the premises of
a person (other than a provider of a covered service) to
provide a covered service.
``(2) Covered service.--The term `covered service'--
``(A) means--
``(i) internet access service;
``(ii) voice service (as defined in section
227(e)(8));
``(iii) commercial mobile service (as
defined in section 332);
``(iv) commercial mobile data service (as
defined in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C.
1401)); and
``(v) service provided by a multichannel
video programming distributer (as defined in
section 602), to the extent such distributor is
acting as a multichannel video programming
distributor; and
``(B) includes any other service offered or
provided as part of a bundle or package with any
service referred to in subparagraph (A).
``(3) Internet access service.--The term `internet access
service'--
``(A) means a mass-market retail service by wire or
radio that provides the capability to transmit data to
and receive data from all or substantially all internet
endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service; and
``(B) also includes any service that--
``(i) the Commission finds to be providing
a functional equivalent of the service
described in subparagraph (A); or
``(ii) is used to evade the protections set
forth in this section.''.
(b) Transitional Rule Relating to Definition of Voice Service.--
Subsection (e)(2)(A)(ii) of section 723 of the Communications Act of
1934, as added by subsection (a) of this section, shall apply before
the effective date of the amendment made to subsection (e)(8) of
section 227 of such Act (47 U.S.C. 227) by subparagraph (C) of section
503(a)(2) of division P of the Consolidated Appropriations Act, 2018
(Public Law 115-141) as if such amendment was already in effect.
(c) Effective Date.--Section 723 of the Communications Act of 1934,
as added by subsection (a) of this section, shall apply beginning on
the date that is 180 days after the date of the enactment of this Act,
except that subsection (c) of such section 723 shall not apply with
respect to a contract entered into, and as in effect, before the date
that is 180 days after the date of the enactment of this Act.
<all>
Hearings Held by the Subcommittee on Communications and Technology Prior to Introduction and Referral.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-329.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-329.
Placed on the Union Calendar, Calendar No. 265.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Mr. Doyle, Michael F. moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H9960-9961)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5035.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H9960-9961)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H9960-9961)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.