[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1577 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1577

    To assure timely, rational, and complete Federal Communications 
   Commission resolution of all pending proceedings reexamining the 
    current radio and television broadcast station ownership rules.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 1999

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To assure timely, rational, and complete Federal Communications 
   Commission resolution of all pending proceedings reexamining the 
    current radio and television broadcast station ownership rules.

    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 ``Broadcast Ownership Reform Act of 
1999''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The contemporary electronic mass media market provides 
        consumers with abundant alternative sources of news, 
        information and entertainment, including radio and television 
        broadcast stations, cable television systems, and the Internet.
            (2) Due to the advent of digital technology, these 
        alternative sources of electronic news, information and 
        entertainment are converging as well as proliferating.
            (3) The simultaneous proliferation and convergence of 
        electronic mass media renders technology-specific regulation 
        obsolete.
            (4) The public interest demands that the Federal 
        Communications Commission reexamine its technology-specific 
        regulation of electronic mass media to assure that it retains 
        its relevance in the face of the proliferation and convergence 
        of electronic mass media.
            (5) Section 202(h) of the Telecommunications Act of 1996 
        recognized that there is a particular public interest need for 
        the Federal Communications Commission to periodically and 
        comprehensively reexamine its radio and television broadcast 
        ownership rules, which predate the proliferation and 
        convergence of alternative competing electronic sources of 
        news, information and entertainment.
            (6) Although the Commission has reexamined and revised its 
        broadcast duopoly and one-to-a-market ownership rules, it has 
        not completed long-pending reexaminations of its national 
        television station ownership restrictions or the newspaper-
        broadcast cross-ownership prohibition.
            (7) The Commission's failure to simultaneously resolve all 
        its pending broadcast cross-ownership rules fails to recognize, 
        as Congress did in enacting section 202(h), that the 
        proliferation and convergence of alternative electronic media 
        implicates the bases of the national television ownership rules 
        and the newspaper broadcast cross-ownership rules no less than 
        the bases of the local radio and television station ownership 
        rules.
            (8) The Commission's failure to simultaneously resolve all 
        its broadcast cross-ownership rules will affect all potential 
        buyers and sellers of radio and television stations in the 
        interim, because the current restrictions will prevent networks 
        and newspaper publishers from engaging in station transactions 
        to the extent they otherwise might.
            (9) The Commission's failure to simultaneously resolve its 
        pending proceedings on the national television ownership and 
        newspaper/broadcast cross-ownership restrictions is arbitrary 
        and capricious, because it treats similarly-situated entities--
        those bound by ownership rules that predate the advent of 
        increased competition from alternative electronic media--
        differently, without any consideration of, or reasoned analysis 
        for, this disparate treatment.
            (10) The increase in the national television audience reach 
        limitation to 35 percent mandated by section 202(c)(1)(B) of 
        the Telecommunications Act of 1996 was not established as the 
        maximum percentage compatible with the public interest. On the 
        contrary, section 202(h) of that Act expressly directs the 
        Commission to review biennially whether any of its broadcast 
        ownership rules, including those adopted pursuant to section 
        202 of the Act, are necessary in the public interest as a 
        result of competition.
            (11) The 35-percent national television audience reach 
        limitation is unduly restrictive in light of competition.
            (12) The newspaper/broadcast cross-ownership restriction is 
        unduly restrictive in light of competition.
            (13) The Commission's failure to resolve its pending 
        proceedings on the national television ownership and newspaper/
        broadcast cross-ownership restrictions simultaneously with its 
        resolution of the proceedings on the duopoly and one-to-a-
        market rules does not serve the public interest.

SEC. 3. INCREASE IN NATIONAL TELEVISION AUDIENCE REACH LIMITATION.

    (a) In General.--The Federal Communications Commission shall modify 
its rules for multiple ownership set forth in section 73.3555(e) of its 
regulations (47 C.F.R. 73.3555(e) by increasing the national audience 
reach limitation for television stations to 50 percent.
    (b) Further Increase.--The Commission may modify those rules to 
increase the limitation to a greater percentage than the 50 percent 
required by subsection (a) if it determines that the increase is in the 
public interest.

SEC. 4. TERMINATION OF NEWSPAPER/BROADCAST CROSS-OWNERSHIP RULE.

    (a) In General.--The newspaper/broadcast cross-ownership rule under 
section 73.3555(d) of the Federal Communication Commission's 
regulations (47 C.F.R. 73.3555(d)) shall cease to be in effect after 
December 31, 1999, unless it is reinstated by the Commission under 
subsection (b) before January 1, 2000.
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