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S. 889

Satellite Television Fair Marketing Act

(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 100-272)

Satellite Television Fair Marketing Act - Amends the Communications Act of 1934 to prohibit the encryption of satellite delivered public broadcasting service television programming unless at least one clear, unencrypted national satellite transmission feed of such programming is maintained. Prohibits the encryption of satellite delivered armed forces radio and television service programming unless required under contractual agreements.

Requires anyone who encrypts satellite delivered programming for private viewing to: (1) make it available for private viewing by home satellite antenna users; (2) establish reasonable character and financial criteria for distributors of such programming; and (3) not discriminate between distributors for cable television subscribers and distributors for satellite antenna users, or among distributors offering similar distribution services to home satellite antenna users.

Prohibits the manufacture or sale of equipment which enables the reception of encrypted satellite delivered programming without the authorization of the person encrypting such programming.

Provides for the private enforcement of this Act.

Directs the Federal Communications Commission (FCC) to undertake a notice of inquiry, conduct a semiannual review, and report to the Congress concerning the effect of decoder price and availability on the ability of consumers to receive satellite television programming.

Directs the Federal Trade Commission to investigate the competitiveness of the market for satellite television programming for home satellite antenna owners and, if necessary, to establish remedies to produce a competitive market.

Requires the FCC to initiate a rulemaking to facilitate the provision of network broadcasting signals to persons unable to adequately receive a signal over the air from a local licensee.

Placed on Senate Legislative Calendar under General Orders. Calendar No. 516.

Sen. Gore, Albert, Jr. [D-TN](D-TN)Sponsor
24 cosponsors
1committees
Dec 21, 198701
(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 100-272)

Satellite Television Fair Marketing Act - Amends the Communications Act of 1934 to prohibit the encryption of satellite delivered public broadcasting service television programming unless at least one clear, unencrypted national satellite transmission feed of such programming is maintained. Prohibits the encryption of satellite delivered armed forces radio and television service programming unless required under contractual agreements.

Requires anyone who encrypts satellite delivered programming for private viewing to: (1) make it available for private viewing by home satellite antenna users; (2) establish reasonable character and financial criteria for distributors of such programming; and (3) not discriminate between distributors for cable television subscribers and distributors for satellite antenna users, or among distributors offering similar distribution services to home satellite antenna users.

Prohibits the manufacture or sale of equipment which enables the reception of encrypted satellite delivered programming without the authorization of the person encrypting such programming.

Provides for the private enforcement of this Act.

Directs the Federal Communications Commission (FCC) to undertake a notice of inquiry, conduct a semiannual review, and report to the Congress concerning the effect of decoder price and availability on the ability of consumers to receive satellite television programming.

Directs the Federal Trade Commission to investigate the competitiveness of the market for satellite television programming for home satellite antenna owners and, if necessary, to establish remedies to produce a competitive market.

Requires the FCC to initiate a rulemaking to facilitate the provision of network broadcasting signals to persons unable to adequately receive a signal over the air from a local licensee.

Mar 31, 198700

Satellite Television Fair Marketing Act - Amends the Communications Act of 1934 to prohibit the encrypting of satellite programming from the Public Broadcasting Service and the Armed Forces Radio and Television Service. Requires anyone who encrypts satellite delivered programming for private viewing to: (1) make it available for private viewing by home satellite antenna users; (2) establish reasonable character and financial criteria for distributors of satellite delivered programming and to not discriminate in price, terms, or conditions among distributors offering similar distribution services; and (3) conduct such encryption according to Federal Communications Commission (FCC)-approved standards designed to comply with specified criteria.

Requires the FCC-approved standards to provide the public interest benefits of a universal encryption system permitting decryption by cable television subscribers and home satellite users. Authorizes aggrieved persons to commence civil actions to enforce this Act.

Requires the Federal Trade Commission (FTC) to conduct a study of pricing and distribution terms of satellite television programming to determine whether the programming market is developing competitively. Authorizes the FTC to establish remedies necessary to produce adequate competition.

Requires the FCC to begin a rulemaking proceeding on improving access to network signals for rural Americans.

Satellite Television Fair Marketing Act — Informed