[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3431 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3431

To reduce restrictions on broadcast ownership and to improve diversity 
                        of broadcast ownership.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 1999

    Mr. Engel (for himself, Mr. Rush, and Ms. Jackson-Lee of Texas) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To reduce restrictions on broadcast ownership and to improve diversity 
                        of broadcast ownership.

    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 ``Free Television Viability Act of 
1999''.

SEC. 2. IMMEDIATE INCREASE IN NATIONAL AUDIENCE REACH LIMITS ON 
              BROADCAST OWNERSHIP.

    The Federal Communications Commission shall modify its rules for 
multiple ownership set forth in section 73.3555 of its regulations (47 
C.F.R. 73.3555) by increasing the national audience reach limitation 
for television stations to 40 percent.

SEC. 3. ADDITIONAL AUDIENCE REACH INCREASES CONTINGENT ON INCREASED 
              DIVERSITY.

    (a) In General.--In connection with an application for the 
assignment or transfer of a television broadcast station license, the 
Federal Communications Commission--
            (1) shall increase the national audience reach limitation 
        established pursuant to section 2 by an additional 5 percent, 
        if the Commission determines, on the date of the filing of such 
        application, that there is in effect a private or governmental 
        program that has had the effect of increasing ownership of 
        television broadcast stations by members of minority groups; 
        and
            (2) may further increase such limitation by an additional 5 
        percent in connection with such application, unless the 
        Commission determines that a direct correlation exists between 
        lack of ownership of television broadcast stations by members 
        of minority groups and increasing the limitation under 
        paragraph (1).
    (b) Regulations.--The Commission shall prescribe such regulations 
(or amendments to its regulations) as may be necessary to carry out 
this section within 180 days after the date of enactment of this Act.
    (e) Definition.--As used in this section, the term ``member of a 
minority group'' means an individual who belongs to one or more of the 
following ethnic groups: American Indians and Alaskan Natives; Asian 
and Pacific Islanders; Blacks not of Hispanic origin; and Hispanics.

SEC. 4. EVALUATION OF PROGRAM.

    Within 180 days after any two or more television broadcast station 
owners have reached the national audience reach limitation established 
under section 3(a), the Federal Communications Commission shall conduct 
a study of the impact of raising such limitation on the entry of small 
businesses and members of minority groups into television broadcasting. 
The Commission shall submit a report on such study to the Committee on 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later than the expiration 
of such 180-day period.

SEC. 5. PRIORITY FOR NON-ENGLISH BROADCASTING STATIONS.

    In making any assignments of licenses for the use of spectrum that 
is returned to the Federal Communications Commission for allocation and 
assignment under section 336(c) of the Communications Act of 1934 (47 
U.S.C. 336(c)), the Commission shall give priority to applicants whose 
applications undertake a commitment to broadcast in a language other 
than English or which represent traditionally underserved communities.
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