[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2645 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2645

To amend the Communications Act of 1934 to authorize appropriations for 
    the Corporation for Public Broadcasting, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2004

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

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to authorize appropriations for 
    the Corporation for Public Broadcasting, 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 ``Public Broadcasting Reauthorization 
Act of 2004''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Corporation for Public Broadcasting.--Section 396(k)(1) of the 
Communications Act of 1934 (47 U.S.C. 396(k)(1)) is amended by striking 
subparagraphs (B) through (F) and inserting the following:
    ``(B) There is authorized to be appropriated to the Fund, for each 
of the fiscal years 2007, 2008, 2009, 2010, and 2011, an amount equal 
to 40 percent of the total amount of non-Federal financial support 
received by public broadcasting entities during the second fiscal year 
preceding each such fiscal year, except that the amount so appropriated 
shall not exceed--
            ``(i) $416,000,000 for fiscal year 2007;
            ``(ii) $432,000,000 for fiscal year 2008;
            ``(iii) $450,000,000 for fiscal year 2009;
            ``(iv) $468,000,000 for fiscal year 2010; and
            ``(v) $487,000,000 for fiscal year 2011.
    ``(C) In addition to any amounts authorized under any other 
provision of this or any other Act, there are authorized to be 
appropriated to the Fund, (notwithstanding any other provision of this 
subsection) specifically for transition from the use of analog to 
digital technology for the provision of public telecommunications 
services and for the acquisition or production of digital programming 
of local, regional, and national interest--
            ``(i) $50,000,000 for fiscal year 2005;
            ``(ii) $50,000,000 for fiscal year 2006;
            ``(iii) $40,000,000 for fiscal year 2007;
            ``(iv) $30,000,000 for fiscal year 2008; and
            ``(v) $20,000,000 for fiscal year 2009.
    ``(D) Funds appropriated under this subsection shall remain 
available until expended and shall be disbursed by the Secretary of the 
Treasury for obligation and expenditure as soon after appropriation as 
practicable. The Corporation shall distribute funds authorized by 
subparagraph (C) and allocated to public broadcast stations under this 
subsection as expeditiously as practicable when made available by the 
Secretary of the Treasury, and in a manner that is determined, in 
consultation with public radio and television licensees or permittees 
and their designated representatives.''.
    (b) Public Broadcasting Interconnection System.--Section 396(k)(10) 
of the Communications Act of 1934 (47 U.S.C. 396(k)(10)) is amended by 
striking subparagraphs (B) and (C) and inserting the following:
    ``(B) There are authorized to be appropriated to the Satellite 
Interconnection Fund $250,000,000 for fiscal year 2005. If the amount 
appropriated to the Satellite Interconnection Fund for fiscal year 2005 
is less than $250,000,000, the amount by which that sum exceeds the 
amount appropriated is authorized to be appropriated for fiscal years 
2006 through 2008 until the full $250,000,000 has been appropriated to 
the Fund. Funds appropriated to the Satellite Interconnection Fund 
shall remain available until expended.
    ``(C) The Secretary of the Treasury shall make available and 
disburse to the Corporation, at the beginning of fiscal year 2005 and 
of each succeeding fiscal year thereafter, such funds as have been 
appropriated to the Satellite Interconnection Fund for the fiscal year 
in which such disbursement is to be made.''.
    (c) Public Telecommunications Facilities Program Grants.--Section 
391 of the Communications Act of 1934 (47 U.S.C. 391) is amended--
            (1) by striking ``$42,000,000 for each of the fiscal years 
        1992, 1993, and 1994,'' and inserting ``$50,000,000 for fiscal 
        year 2005, $52,000,000 for fiscal year 2006, $54,008,000 for 
        fiscal year 2007, $56,240,000 for fiscal year 2008, $58,490,000 
        for fiscal year 2009, $60,820,000 for fiscal year 2010, and 
        $63,250,000 for fiscal year 2011,''; and
            (2) by striking ``facilities'' each place it occurs and 
        inserting ``facilities, including analog and digital broadcast 
        facilities and equipment,''.

SEC. 3. RECOUPMENT OF FUNDS BY CORPORATION.

    Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)) 
is amended by adding at the end the following:
            ``(13) Funds may not be distributed pursuant to this 
        section to any public broadcast station unless it agrees that, 
        upon request by the Corporation, at such time as it ceases to 
        provide public telecommunications services or transfers or 
        assigns its broadcast license or permit to an entity that will 
        not provide public telecommunications services (as defined in 
        section 397(14) of this Act), it will--
                    ``(A) return any or all unexpended funds for all 
                grants made by the Corporation; and
                    ``(B) with respect to grants made by the 
                Corporation during the prior 5 years for the purchase 
                or construction of public telecommunications 
                facilities, return an amount that is no more than an 
                amount bearing the same ratio to the current value of 
                such facilities at the time of cessation of public 
                telecommunications service as the ratio that the 
                Corporation's contribution bore to the total cost of 
                purchasing or constructing such facilities.''.

SEC. 4. REDEFINITION OF PUBLIC TELECOMMUNICATIONS SERVICES TO INCLUDE 
              NEW TECHNOLOGIES.

    (a) Transition and Programming Authorization.--Section 396(k)(1)(C) 
of the Communications Act of 1934 (47 U.S.C. 396(k)(1)(C)), as amended 
by section 2(a) of this Act, is further amended by striking ``public 
broadcasting services,'' and inserting ``public telecommunications 
services,''.
    (b) Public Telecommunications Services To Include New 
Technologies.--Section 397(14) of the Communications Act of 1934 (47 
U.S.C 397(14)) is amended to read as follows:
    ``(14) The term `public telecommunications services' means 
noncommercial educational and cultural--
                    ``(A) radio and television programming or other 
                content; and
                    ``(B) instructional or informational material 
                (including data) transmitted electronically.''.

SEC. 5. LOCAL CONTENT, PROGRAMMING, AND SERVICES.

    Section 396(k)(7) of the Communications Act of 1934 (47 U.S.C. 
396(k)(7)) is amended by striking ``to the production and acquisition 
of programming.'' and inserting ``to the support of content, 
programming, and services, especially those that serve the needs and 
interests of the recipient's local community.''.
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