text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Antitrust Video Competition 
  Improvement Act of 1998''.
  
  SEC. 2. ANTICOMPETITIVE EXCLUSIVE CONTRACTS BY MULTICHANNEL VIDEO 
                PROGRAMMING DISTRIBUTORS.
  
      In any civil action based on a claim arising under section 1, 2, or 
  3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel 
  video programming distributor that has market power in a particular 
  market has acted by means of a contract that is exclusive with respect 
  to that market, to prevent another multichannel video programming 
  distributor that competes, has a franchise to compete, or is certified 
  by the Federal Communications Commission to compete, in that market 
  from obtaining particular video programming from any person shall be 
  sufficient to establish a presumption of a violation of such section.
  
  SEC. 3. ANTICOMPETITIVE DIFFERENTIAL CONTRACTS BY MULTICHANNEL VIDEO 
                PROGRAMMING DISTRIBUTORS.
  
      In any civil action based on a claim arising under section 1, 2, or 
  3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a multichannel 
  video programming distributor that has market power in a particular 
  market has obtained particular video programming from any person on 
  terms and conditions, other than terms justified by demonstrable cost 
  differentials, that are more favorable than those offered by such 
  person to another multichannel video programming distributor that 
  competes, has a franchise to compete, or is certified by the Federal 
  Communications Commission to compete, in that market shall be 
  sufficient to establish a presumption of a violation of such section.
  
  SEC. 4. DEFINITIONS.
  
      For the purposes of this Act:
              (1) Cable operator.--The term ``cable operator'' means any 
          person that--
                      (A) provides cable service over a cable system and 
                  directly, or through 1 or more affiliates, owns a 
                  significant interest in a cable system, or
                      (B) otherwise controls or is responsible for, 
                  through any arrangement, the management and operation 
                  of such a cable system.
              (2) Cable service.--The term ``cable service'' means--
                      (A) the 1-way transmission to subscribers of video 
                  programming or other programming service, and
                      (B) subscriber interaction, if any, that is 
                  required for the selection or use of such video 
                  programming or such programming service.
              (3) Cable system.--The term ``cable system'' means a 
          facility, consisting of a set of closed transmission paths and 
          associated signal generation, reception, and control equipment, 
          that is designed to provide cable service that includes video 
          programming, and that is provided to multiple subscribers 
          within a community, but excludes--
                      (A) a facility that serves only to retransmit the 
                  television signals of 1 or more television broadcast 
                  stations,
                      (B) a facility that serves subscribers without 
                  using any public right-of-way,
                      (C) a facility of a common carrier that is subject, 
                  in whole or in part, to the provisions of title II of 
                  the Communications Act of 1934 (47 U.S.C. 201-276), but 
                  such facility shall be considered to be a cable system 
                  (other than for purposes of section 621(c) of the 
                  Communications Act of 1934 (47 U.S.C. 541(c)) to the 
                  extent such facility is used in the transmission of 
                  video programming directly to subscribers, unless the 
                  extent of such use is solely to provide interactive on-
                  demand services,
                      (D) an open video system that complies with section 
                  653 of the Communications Act of 1934 (47 U.S.C. 573), 
                  or
                      (E) any facilities of any electric utility used 
                  solely for operating its electric utility systems.
              (4) Franchise.--The term ``franchise'' means an initial 
          authorization, or renewal thereof (including a renewal of an 
          authorization which has been granted subject to section 626 of 
          the Communications Act of 1934 (47 U.S.C. 546)), issued by a 
          franchising authority, whether such authorization is designated 
          as a franchise, permit, license, resolution, contract, 
          certificate, agreement, or otherwise, which authorizes the 
          construction or operation of a cable system.
              (5) Multichannel video programming distributor.--The term 
          ``multichannel video programming distributor'' means a person, 
          including a cable operator, a multichannel multipoint 
          distribution service, a direct broadcast satellite service, an 
          open video system, a multichannel television broadcaster, or a 
          television receive-only satellite program distributor, that 
          makes available for purchase, by subscribers or customers, 
          multiple channels of video programming.
              (6) Video programming.--The term ``video programming'' 
          means programming provided by, or generally considered 
          comparable to programming provided by, a television broadcast 
          station.
  
  SEC. 5. EFFECTIVE DATE AND APPLICABILITY.
  
      This Act shall take effect on the date of the enactment of this 
  Act, but shall not apply with respect to conduct occurring before such 
  date.
target: Antitrust Video Competition Improvement Act of 1998 - Provides that it shall be sufficient evidence in a civil action to establish a presumption of a violation of section 1 (trusts in restraint of trade), 2 (monopolizing trade), or 3 (trusts in the Territories or the District of Columbia) of the Sherman Act that a multichannel video programming distributor (MVPD) with market power in a particular market has:  (1) acted by means of an exclusive contract to prevent a MVPD competitor in that market from obtaining particular video programming from any person; and (2) obtained particular video programming from any person on terms and conditions other than terms justified by demonstrable cost differentials that are more favorable than those offered by such person to another MVPD competitor.
feat_title: Antitrust Video Competition Improvement Act of 1998