[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4882 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4882

 To ensure broadcast station licenses are utilized to serve the public 
                               interest.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2007

Ms. Eshoo (for herself and Ms. Baldwin) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To ensure broadcast station licenses are utilized to serve the public 
                               interest.

    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 Licensing in the Public 
Interest Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The broadcast airwaves are an extremely vital and 
        valuable public resource. If television and radio broadcast 
        spectrum were to be auctioned for commercial use it could 
        generate several hundred billion dollars for the public 
        treasury.
            (2) The Communications Act of 1934 requires the Federal 
        Communications Commission and broadcast licensees to promote 
        the public interest. As public trustees, over-the-air 
        television and radio broadcast licensees have been granted the 
        unique privilege of using a scarce public asset--the airwaves--
        for free in exchange for their promise to serve the public 
        interest, convenience and necessity.
            (3) In 1969, the Supreme Court declared in Red Lion 
        Broadcasting Co. v. Federal Communications Commission that ``it 
        is the purpose of the First Amendment to preserve an 
        uninhibited marketplace of ideas in which truth will ultimately 
        prevail, rather than to countenance monopolization of the 
        market,'' and thus, it is ``the right of the viewers and 
        listeners, not the right of the broadcasters, which is 
        paramount''.
            (4) Drastic media consolidation over the past decade has 
        greatly diminished the broadcast licensees' performance of 
        public interest obligations and broadcast media's ability to 
        foster diversity, competition, and localism.
            (5) An October 2003 analysis of seven media markets shows 
        that just 0.4 percent of television programming is devoted to 
        local public affairs. By contrast, 14.4 percent is paid 
        programming such as infomercials, 9.9 percent is reality or 
        game shows and 7.9 percent is sporting events. In addition, 
        most of the local public affairs programming airs on weekend 
        mornings, at times with lower television viewership.
            (6) Independently produced programming now accounts for 
        less than one-fifth of television prime time programming. On 
        the four major networks, independent programming accounts for 
        about one-seventh.
            (7) A survey of evening television news broadcasts of 44 
        local affiliates of broadcasters in 11 markets prior to the 
        2004 election showed that only eight percent of such broadcasts 
        contained a story about local elections. By contrast, 8 times 
        more coverage went to stories about accidental injuries, and 12 
        times more coverage to sports and weather. In 2006, news about 
        politics and government accounted for about 10 percent of 
        stories on local television news while crime and traffic 
        comprised nearly 50 percent of the coverage.

SEC. 3. BASIS FOR PUBLIC INTEREST DETERMINATIONS.

    Section 309(k) of the Communications Act of 1934 (47 U.S.C. 309(k)) 
is amended by adding at the end the following new paragraph:
            ``(5) Basis for finding station has served the public 
        interest, convenience, and necessity.--
                    ``(A) Demonstration required.--The Commission shall 
                not find for purposes of paragraph (1)(A) that a 
                station, through its programming, has served the public 
                interest, convenience, and necessity unless the 
                applicant has fulfilled these obligations by 
                demonstrating--
                            ``(i) a dedication to the civic affairs of 
                        its community;
                            ``(ii) a dedication to local news 
                        gathering;
                            ``(iii) local production of programming;
                            ``(iv) a commitment to providing the 
                        viewing public a presentation of the issues, 
                        candidates, and ballot items that are before 
                        voters during a local, statewide or national 
                        election, including coverage of candidate 
                        debates and forums, political conventions, and 
                        ongoing news coverage; and
                            ``(v) presentation of quality educational 
                        programming for children.
                    ``(B) Regulations.--The Commission shall prescribe 
                regulations to implement subparagraph (A) that--
                            ``(i) require each licensee for a station 
                        to submit to the Commission an annual report 
                        identifying with particularity the methods and 
                        actions taken to fulfill the obligations 
                        identified in subparagraph (A);
                            ``(ii) require each such licensee to 
                        ascertain its compliance with such obligations 
                        with appropriate public input from the 
                        community of license for such station; and
                            ``(iii) contain such exemptions from one or 
                        more of such obligations for particular classes 
                        or categories of such licensees if the 
                        Commission determines that such obligation is 
                        inappropriate for such class or category.''.

SEC. 4. TERMS OF LICENSES.

    (a) Amendment.--Section 307(c)(1) of the Communications Act of 1934 
(47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it 
appears and inserting ``3 years''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective with respect to any license granted by the Federal 
Communications Commission after the date of enactment of this Act.
                                 <all>