Pub. L. 108-447, div. J, tit. II, sec. 207
RECIPROCAL BARGAINING OBLIGATIONS.
SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.(a) Amendments.—Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended—(1) by striking “Within 45 days” and all that follows through “1999, the” and inserting “The”;(2) by striking the second sentence;(3) by striking “and” at the end of clause (i);(4) in clause (ii)—(A) by striking “January 1, 2006” and inserting “January 1, 2010”; and(B) by striking the period at the end and inserting “; and”; and(5) by adding at the end the following new clause:“(iii) until January 1, 2010, prohibit a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent under this section, and it shall not be a failure to negotiate in good faith if the distributor enters into retransmission consent agreements containing different terms and conditions, including price terms, with different broadcast stations if such different terms and conditions are based on competitive marketplace considerations.”.(b) Deadline.—The Federal Communications Commission shall prescribe regulations to implement the amendment made by subsection (a)(5) within 180 days after the date of enactment of this Act.