[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2762 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2762

 To amend the Communications Act of 1934 to provide for the resolution 
          of certain contested broadcast license proceedings.


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                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

 Mr. Jones of North Carolina introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to provide for the resolution 
          of certain contested broadcast license proceedings.

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

SECTION 1. RESOLUTION OF CERTAIN CONTESTED BROADCAST LICENSE 
              PROCEEDINGS.

    Section 311 of the Communications Act of 1934 (47 U.S.C. 311) is 
amended by adding at the end the following new subsection:
    ``(e) Resolution of Certain Contested Broadcast License 
Proceedings.--Notwithstanding any other provision of law, the 
Commission shall examine the record of all contested broadcast 
comparative proceedings pending on the date of enactment of this 
subsection, whether for new or existing authorizations, and in every 
such case in which an applicant with currently pending claims has 
previously made a claim of unconstitutional discrimination by the 
Commission against the applicant, and in which (1) the United States 
Court of Appeals for the District of Columbia Circuit or the United 
States Supreme Court has made a final judicial determination of such 
discrimination, or (2) an applicant failed to get such judicial relief 
due to the erroneous application of the standard set forth in Metro 
Broadcasting v. FCC, 497 U.S. 547 (1990) (which such standard was 
corrected in Adarand Constructors v. FCC, 515 U.S. 200 (1995)), the 
Commission shall promptly either award the contested broadcast license 
to the applicant who was found to be the victim of discrimination, or 
if the license has already been awarded to a competing applicant, the 
Commission shall award a settlement to the applicant who was found to 
be the victim of discrimination, in an amount equal to the current fair 
market value of the broadcasting facility for the contested license, 
less 25 percent for the cost of studio and transmitting 
construction.''.
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