Consumer Choice in Online Video Act
Latest action · Nov 12, 2013 Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S7954-7961)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 12, 2013
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Consumer Choice in Online Video Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to promulgate regulations requiring Internet service providers (ISPs) to provide plain language disclosures to assist consumers in making informed decisions about the purchase of Internet service, including: (1) network management practices that limit service speeds or prioritize content, (2) usage-based billing terms, and (3) information regarding different tiers of service.
Directs ISPs offering usage-based billing to establish an appeals process for consumers to challenge an ISP's determination of a consumer's data usage.
Requires the FCC to extend its truth-in-billing rules to ISPs.
Prohibits ISPs, multichannel video programming distributors (MVPDs), online video distributors (OVDs), and video programming vendors (VPVs), in various circumstances and in their relationships with one another, from engaging in unfair methods of competition, or unfair or deceptive acts or practices, that hinder significantly or prevent an OVD from providing video programming to consumers.
Prohibits MVPDs or OVDs from entering agreements (for periods longer than 30 days) that limit or prohibit a VPV from making its video content available to consumers for free over the Internet.
Permits VPVs to establish different prices, terms, and conditions that: (1) relate to substantial, real, and legitimate business concerns; and (2) are not used in an anticompetitive manner.
Prohibits broadcast television licensees or television networks from: (1) refusing to negotiate with OVDs for the carriage of television content, or (2) restricting an OVD's ability to make such content available to subscribers on any platform or device.
Prohibits broadcast television licensees from providing an over-the-air signal that differs from a retransmission of that signal provided to a MVPD or an OVD, subject to exceptions for certain commercial advertisements embedded in such signal when the variation is not used to increase overall advertising time.
Permits antenna rental services to rent to a consumer access to an individual antenna to view over-the-air broadcast television signals transmitted directly to: (1) the consumer over the Internet or another IP-based transmission path; or (2) an individual data storage system, including an online remote system, for recording and then made accessible to that consumer through an IP-based path. Exempts such antenna rental services from certain retransmission consent fees.
Prohibits a VPV that has made its video programming available to consumers online from restricting access for a subscriber of an MVPD or its affiliate, or an OVD or its affiliate, during the time when such vendor is involved in a dispute with such distributor. Provides exceptions from such prohibition when a vendor requires a consumer to purchase access through a contract with a distributor.
Authorizes an aggrieved consumer, distributor, or affiliate to bring a civil action for an injunction to prevent or restrain such restricted access.
Permits OVDs that provide programming in a manner reasonably equivalent to MVPDs (based on subscriber experience, not underlying technology, and which may include services that record programming to watch at another time) to elect to be treated as non-facilities based MVPDs (NFB-MVPDs) in order to operate under a special category of modified communications laws and FCC regulations.
Directs the FCC to prohibit practices and arrangements, including exclusive video programming contracts, that prevent an NFB-MVPD from obtaining programming from any VPV.
Requires local commercial television broadcast stations, at the request of an NFB-MVPD serving a designated market area, to negotiate for carriage of their content over that distributor's system. Allows NFB-MVPDs to also deliver a non-local (out-of-market) commercial broadcast television station.
Deems a signal of such a non-local commercial broadcast television station delivered by an NFB-MVPD to be significantly viewed under FCC regulations, thereby enabling NFP-MVPDs to carry such non-local stations without incurring distant signal copyright fees. Exempts such signals from specified non-duplication, program exclusivity, and sports blackout rules.
Provides for an NFB-MVPD subscriber to: (1) receive programming from up to two commercial television stations that are affiliates of the same television network, provided that not more than one of the affiliates is located in a designated market area where the subscriber does not reside; and (2) view any subscribed commercial television station signals at any time and on any device, including a mobile device, that an NFB-MVPD has made capable of delivering the distributor's service.
Prohibits NFB-MVPDs from being required to carry the signal of a local commercial television station as a condition for carrying and delivering a non-local commercial broadcast television signal.
Requires NFB-MVPDs to reserve a portion of their channel capacity exclusively for educational or informational programming.
Provides for an NFB-MVPD carrying a broadcast television station signal to be considered a cable system under copyright laws addressing secondary transmissions, thereby authorizing such NFB-MVPDs to retransmit copyrighted works subject to compulsory licensing requirements and the payment of royalty fees.
Cosponsors
Members who signed on, in the order they did.
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Commerce, Science, and Transportation Committee | Referred Nov 12, 2013 |
Actions 3
Everything that happened, newest first.
- Nov 12, 2013Introduced in Senate
- Nov 12, 2013Sponsor introductory remarks on measure. (CR S7953-7954)
- Nov 12, 2013Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S7954-7961)
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S7953Text printed S7954–S7961 | John D. Rockefeller IV D-WV (text) | Nov 12, 2013 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 113-575 | REAUTHORIZATION OF THE SATELLITE TELEVISION EXTENSION AND LOCALISM ACT92 pages | Commerce, Science, and Transportation Committee | Apr 1, 2014 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to amend the Communications Act of 1934 to increase consumer choice and competition in the online video programming distribution marketplace, and for other purposes.
- Short Titles as Introduced
- Consumer Choice in Online Video Act
Subjects
Assigned by the Library of Congress. Policy area: Science, Technology, Communications.
- Administrative law and regulatory procedures
- Administrative remedies
- Civil actions and liability
- Competition and antitrust
- Congressional oversight
- Consumer affairs
- Contracts and agency
- Federal Communications Commission (FCC)
- Government studies and investigations
- Internet and video services
- Internet, web applications, social media
- Licensing and registrations
- Marketing and advertising
- Science, Technology, Communications
- Telecommunication rates and fees
- Television and film
Text 1
Each version as it was printed, newest first.
- Nov 12, 2013Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.