Amend CSSB 560 by adding the following appropriately numbered
Section to read as follows and renumbering subsequent Sections
accordingly:
      SECTION     . Chapter 62, Utilities Code, is amended by
adding Subchapter G to read as follows:
            SUBCHAPTER G. MUTICHANNEL VIDEO PROGRAMMING
      Sec. 62.151. PROHIBITED CONDUCT. (a) Notwithstanding any
other provision of this title, a cable operator or other
multichannel video programming distributor may not engage in
conduct, the effect of which is to unreasonably restrain the
ability of an unaffiliated video programming vendor to compete
fairly by discriminating in video programming distribution on the
basis of affiliation or nonaffiliation of vendors in the selection,
terms, or conditions for carriage of video programming provided by
that vendor.
      (b)  A video programming vendor or multichannel video
programming distributor doing business in this state shall have as
its state remedy for a violation of this section a private cause of
action in the appropriate state court. The plaintiff shall serve a
copy of the complaint on the commission. The commission shall
review and evaluate the claims and determine if it wants to
intervene in the case.
      (c)  The court shall expedite proceedings on the cause of
action if an unaffiliated video programming vendor alleges that a
discriminatory refusal to carry has occurred. On a finding that
unreasonable discrimination occurred, the court shall order any and
all appropriate remedies, which may include mandatory carriage at
prescribed rates, terms, and conditions.
      (d)  This section applies only to a cable company or
multichannel video programming distributor that is a
telecommunications provider or an affiliate or a telecommunications
provider.