[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1948 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1948

To amend the Communications Act of 1934 to prohibit the discrimination, 
   in the purchase or placement of advertisements for wire or cable 
   communications, against minority owed or formatted communications 
                   entities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 1999

  Mr. Rush (for himself, Mr. Hilliard, and Mr. Towns) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to prohibit the discrimination, 
   in the purchase or placement of advertisements for wire or cable 
   communications, against minority owed or formatted communications 
                   entities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadcasters Fairness in Advertising 
Act of 1999''.

SEC. 2. PROHIBITION AGAINST DISCRIMINATION AGAINST MINORITY OWNED OR 
              FORMATTED COMMUNICATIONS ENTITIES IN PURCHASE OR 
              PLACEMENT OF ADVERTISEMENTS FOR WIRE OR RADIO 
              COMMUNICATIONS.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is amended by inserting after section 701 the following new section:

``SEC. 702. PROHIBITION AGAINST DISCRIMINATION AGAINST MINORITY OWNED 
              OR FORMATTED COMMUNICATIONS ENTITIES IN PURCHASE OR 
              PLACEMENT OF ADVERTISEMENTS FOR WIRE OR RADIO 
              COMMUNICATIONS.

    ``(a) Prohibition.--It shall be unlawful for any person to purchase 
or place any advertisement, by any person, in a manner which 
discriminates against any communications entity by reason of the race, 
color, or ethnic background of--
            ``(1) any owner of the entity, or
            ``(2) the group to which the communications format of the 
        entity is predominantly designed to appeal.
    ``(b) Definition of Communications.--The term `communications 
entity' means any person who engages in--
            ``(1) wire communication; or
            ``(2) radio communication.
    ``(c) FCC Enforcement.--The Commission shall adopt regulations to 
carry out the prohibition under subsection (a) and to prevent activity 
prohibited under such subsection.
    ``(d) Enforcement by Private Right of Action.--
            ``(1) Cause of action.--Any person aggrieved by a violation 
        of subsection (a) may bring a civil action on behalf of the 
        person and other persons similarly situated in an appropriate 
        United States district court or in any other court of competent 
        jurisdiction.
            ``(2) Alternative remedies.--A civil action may be brought 
        under this subsection for a violation of subsection (a) without 
        regard to the status of any administrative proceeding or other 
        action under this Act by the Commission regarding the activity 
        that is the basis for the allegation of the violation.
            ``(3) Entitlement to relief.--In a civil action under this 
        subsection, if the court finds that a violation of subsection 
        (a) has occurred, the court may award damages for the aggrieved 
        person to recover lost profits, consequential damages, and all 
        other appropriate relief to make the person whole, including 
        reasonable attorneys' fees. The court shall, in the case of any 
        person aggrieved by a willful and wanton violation of 
        subsection (a), treble the amount recovered under the preceding 
        sentence.
    ``(d) Applicability.--The regulations issued under this section 
shall apply to conduct occurring after the date of the enactment of the 
Broadcasters Fairness in Advertising Act of 1999.''.

SEC. 3. ENSURING FEDERAL CONTRACTS ARE NOT AWARDED TO ADVERTISERS WHO 
              DISCRIMINATE AGAINST MINORITY OWNED OR FORMATTED 
              COMMUNICATIONS ENTITIES IN PURCHASE OR PLACEMENT OF 
              ADVERTISEMENTS FOR WIRE OR RADIO COMMUNICATIONS.

    (a) Certification.--The head of an executive agency may not solicit 
an offer from, award a contract to, extend an existing contract with, 
or, when approval by the agency head of the award of a subcontract is 
required, approve the award of a subcontract to, an offeror or 
contractor, unless the offeror or contractor has certified in writing 
to the agency head that the offeror or contractor has not engaged, and 
will not during the period of the contract or subcontract engage, in 
any purchase or placement of any advertisement in a manner which 
discriminates against any communications entity by reason of the race, 
color, or ethnic background of--
            (1) any owner of the entity, or
            (2) the group to which the communications format of the 
        entity is predominantly designed to appeal.
    (b) Definition.--For purposes of this section, the following 
definitions shall apply:
            (1) Communications entity.--The term ``communications 
        entity'' has the meaning given the term in section 702(b) of 
        the Communications Act of 1934.
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given such term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
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