II 110th CONGRESS 1st Session S. 2332 IN THE SENATE OF THE UNITED STATES November 8, 2007 Mr. Dorgan (for himself, Mr. Lott, Mr. Obama, Ms. Snowe, Mr. Kerry, Mr. Nelson of Florida, Ms. Cantwell, Mrs. Feinstein, Mr. Biden, Mrs. Clinton, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To promote transparency in the adoption of new media ownership rules by the Federal Communications Commission, and to establish an independent panel to make recommendations on how to increase the representation of women and minorities in broadcast media ownership.

1.

Short title

This Act may be cited as the Media Ownership Act of 2007.

2.

Media ownership reforms

Section 202 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 110) is amended by— (1) redesignating subsection (i) as subsection (l); and (2) by inserting after subsection (h) the following: (i)

Notice and public comment requirement

(1)

In general

In modifying, revising, or amending any of its regulations related to broadcast ownership, including any ownership rule or limitation set forth under sections 73.3555, 73.658(g), or 76.501 of its regulations (47 C.F.R. 73.3555, 73.658(g), 76.501), the Commission shall— (A) not later than 90 days prior to any vote by the Commission on the adoption of such modification, revision, or amendment publish such prospective modification, revision, or amendment in the Federal Register; (B) after such publication provide the public at least 60 days on which to comment on the prospective modification, revision, or amendment; and (C) upon the expiration of the 60-day comment period described under paragraph (2), have not less than 30 days in which to reply to any such comments. (2)

Effective date

(A)

In general

The notice and public requirements under paragraph (1) shall apply to any attempt by the Commission to modify, revise, or amend its regulations related to broadcast and newspaper ownership made after October 1, 2007. (B)

Failure to comply

If the Commission fails to comply with the notice and public requirements under paragraph (1) with respect to any modification, revision, or amendment to which such requirements apply, then such modification, revision, or amendment shall be vitiated and shall be of no force and effect. (j)

Promotion of local content in media

Before voting on any change in the broadcast and newspaper ownership rules, the Commission shall initiate, conduct, and complete a separate rulemaking proceeding to promote the broadcast of local programming and content by broadcasters, including radio and television broadcast stations, and newspapers. Before issuing a final rule, the Commission shall— (1) conduct a study to determine the overall impact of television station duopolies and newspaper-broadcast cross-ownership on the quantity and quality of local news, public affairs, local news media jobs, and local cultural programming at the market level; (2) publish a proposed final rule in the Federal Register not later than 90 days prior to any vote by the Commission on the adoption of the rule; (3) after such publication provide the public at least 60 days on which to comment on the prospective rule; and (4) upon the expiration of the 60-day comment period described in paragraph (3), have not less than 30 days in which to reply to any such comments. (k)

Independent panel on women and minority ownership of broadcast media

(1)

Establishment

The Commission shall establish and convene an independent panel on women and minority ownership of broadcast media to make recommendations to the Commission for specific Commission rules to increase the representation of women and minorities in the ownership of broadcast media. (2)

Census

The Commission shall— (A) conduct a full and accurate census of the race and gender of individuals holding a controlling interest in broadcast station licensee; (B) provide the results of the census to the panel for its consideration before it makes any recommendation to the Commission; and (C) study the impact of media market concentration on the representation of women and minorities in the ownership of broadcast media based on the data in the census and report the results of that study to the panel for its consideration before it makes any recommendation to the Commission. (3)

Consideration of panel's recommendations

The Commission shall act on the panel's recommendations before voting on any changes to its broadcast and newspaper ownership rules. .