SB2711 would create a new Section 346 in the Communications Act to give cable operators and satellite carriers the option to retransmit in-State adjacent-market network stations to subscribers in a defined Wisconsin county. Subscribers could choose to receive the local network signal, the in-State adjacent-market retransmission, or both.
The bill also adjusts related copyright and local-television provisions to accommodate these new retransmissions, and it imposes a feasibility requirement for satellite carriers before delivering the new service. The net effect is to broaden how, where, and under what conditions viewers access network programming within the state, while tying the changes to a narrow, state-specific set of counties.
At a Glance
What It Does
The bill adds Section 346 to the Communications Act to authorize an election by subscribers in a covered county to receive either the local network signal, an in-State, adjacent-market network station retransmission, or both. It also defines key terms and sets an enforcement and feasibility framework for satellite carriers.
Who It Affects
Cable operators and satellite carriers serving covered Wisconsin counties, local network affiliates, and subscribers within those counties.
Why It Matters
It shifts carriage dynamics by enabling in-State retransmissions, potentially altering local-signal obligations and the economics of cross-market network distribution within the state.
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What This Bill Actually Does
Section 346 creates a new framework for how network signals are carried within a defined set of counties in Wisconsin. It defines terms such as covered county and in-State adjacent-market network station retransmission and then grants subscribers in those counties a choice: maintain the current local network signal, opt for an in-State adjacent-market retransmission, or select both.
The intent is to give viewers access to additional network sources without leaving the state’s footprint, while preserving the broader carriage architecture. The bill also provides a mechanism for deciding how these in-State retransmissions interact with existing local signal carriage requirements, ensuring that choosing the in-State option can meet certain regulatory obligations.
A feasibility standard governs satellite carriers, ensuring that carriers must deliver the new option only when technically feasible. In addition, the statute references the treatment of these retransmissions as “significantly viewed” within the covered county for regulatory purposes.
Finally, the legislation adjusts related copyright provisions to ensure these new retransmissions are properly licensed and counted in regulatory tallies.
The Five Things You Need to Know
Section 346 adds a new Section 346 to the Communications Act to authorize subscriber elections for in-State, adjacent-market network station retransmissions in a covered county.
The definition of 'covered county' in Section 119(d) is Wisconsin-specific, and includes a set list of counties not in the local market of the affiliated network’s station.
Subscribers may elect to receive a local network signal, an in-State retransmission, or both, with the option potentially fulfilling existing local carriage obligations.
Satellite carriers must provide the in-State retransmission only if technically feasible, as determined by the Commission, placing a feasibility gate on deployment.
Section 119 and related amendments address licensing and counting rules to accommodate and regulate these new in-State retransmissions.
Section-by-Section Breakdown
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Carriage of network signals in designated counties
Section 346 creates the core mechanism: allowing a subscriber in a covered county to choose among three options for network programming: the standard local network signal, an in-State adjacent-market network station retransmission, or both. It also establishes key definitions (covered county, in-State adjacent-market retransmission, local market, etc.) and sets up how these retransmissions interact with existing local signal requirements. The provision includes a feasibility limitation for satellite carriers and adds a treatment mechanism to recognize these transmissions within the 'significantly viewed' framework, ensuring regulatory consistency.
Satellite carriage limits and exemptions
Amends Section 339 to adjust how in-State adjacent-market retransmissions count toward existing satellite carriage limits. It clarifies that these retransmissions do not reduce a satellite carrier’s status as a qualified carrier and modifies the applicability of the carriage cap in light of the new in-State option. The changes are designed to preserve regulatory incentives for carriers while enabling the new state-based retransmission option.
Availability of copyright license
Expands the copyright license framework to treat in-State adjacent-market retransmissions as within the permissible set of secondary transmissions. It adds definitions for the in-State adjacent-market retransmission and ensures that such retransmissions are not counted against otherwise applicable limits, aligning licensing with the new carriage mechanism.
Secondary transmissions of local programming by satellite
Updates Section 122 to reflect that secondary transmissions of local programming by satellite may be replaced or supplemented by in-State adjacent-market retransmissions under an election, consistent with Section 346’s framework. The revisions ensure the local-into-State substitution is coherent with existing licensing and retransmission rules.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Subscribers residing in covered Wisconsin counties who gain access to an additional source of network programming within the state.
- Cable operators and satellite carriers serving the covered counties who obtain new flexibility to meet carriage obligations via in-State retransmissions.
- Local network affiliates in adjacent markets may see expanded viewership within Wisconsin as retransmissions reach more in-State audiences.
Who Bears the Cost
- Operators must implement the new election flow, definitions, and feasibility checks, potentially increasing compliance and technical integration costs.
- Subscribers who prefer the status quo may see procedural changes or pricing implications as services evolve with the new option.
- Broadcasters and affiliates may face shifts in audience distribution and revenue patterns as in-State retransmissions alter the reach of local signals.
Key Issues
The Core Tension
The central tension is between expanding viewer choice and maintaining stable, predictable carriage obligations and licensing regimes. Allowing in-State adjacent-market retransmissions within a defined set of counties solves access gaps for subscribers but risks complex regulatory interactions with existing local-into-local requirements, satellite feasibility constraints, and licensing tallies that could affect rights holders and carriers differently.
The bill introduces a novel mechanism that blends cross-market network distribution with domestic licensing rules. While it broadens viewer choice, it also raises questions about the cost of implementation, the potential impact on traditional local-into-local signal carriage, and the compatibility of these new retransmissions with existing copyright and FCC rules.
The feasibility standard for satellite carriers could slow rollout if carriers face technical or cost barriers, and the Wisconsin-specific counterparty definitions raise concerns about multi-state applicability if similar models spread to other states. Policy-makers will want to watch how these provisions interact with the broader framework of network carriage and licensing, and whether the limited county scope will create a disjointed regulatory patchwork over time.
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