[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 137 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 137

To amend the Communications Act of 1934 to require radio and television 
     broadcasters to provide free broadcasting time for political 
                  advertising, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

  Ms. Kaptur introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to require radio and television 
     broadcasters to provide free broadcasting time for political 
                  advertising, 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 ``Fairness in Political Advertising 
Act of 2011''.

SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE BROADCAST TIME FOR 
              POLITICAL ADVERTISING.

    (a) Condition of License Renewal.--Section 309(h) of the 
Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting 
before the period at the end thereof the following: ``; and (4) every 
television broadcast station license issued under this Act shall be 
subject to the free broadcast time obligations imposed by section 
315(c)''.
    (b) Free Time Obligations.--Section 315 of the Communications Act 
of 1934 (47 U.S.C. 315) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) Each licensee for a television broadcasting station shall 
annually make available free broadcast time for political advertising 
in accordance with the requirements of this subsection. The Commission 
shall not renew the license of any licensee who substantially fails or 
refuses to comply with the requirements of this subsection, but such 
licensee shall not be subject to any other sanction or remedy for such 
failure or refusal.
    ``(2) A licensee subject to this subsection shall allot free 
broadcast time to each qualified political candidate in accordance with 
the following standards:
            ``(A) Such licensee shall allot an equal amount, but not 
        less than 2 hours, of free broadcast time each even-numbered 
        year to each qualified political candidate in a statewide or 
        national election. In the case of a television station whose 
        market does not encompass all of a congressional district, such 
        licensee may apportion to each qualified candidate from such 
        district a fraction of such 2 hours that is equal to the 
        fraction of such district's population that resides within such 
        market, as determined in accordance with regulations prescribed 
        by the Commission.
            ``(B) The free broadcast time allotted to any candidate 
        under subparagraph (A) shall be composed of units of varying 
        lengths of not more than 5 minutes nor less than 10 seconds, as 
        determined by negotiation between such organization and the 
        licensee.
            ``(C) The broadcast time allotted by any licensee shall be 
        allotted so that--
                    ``(i) at least one-half is broadcast during the 
                hours of 7:00 p.m. to 10:00 p.m.;
                    ``(ii) during any election year, at least two-
                thirds is broadcast during the 2 months immediately 
                preceding election day and at least one-half is 
                broadcast during the 3 weeks immediately preceding 
                election day;
                    ``(iii) each qualified candidate is allotted free 
                broadcast time that is comparable, by time of day and 
                day of week, to the time allotted to other qualified 
                candidates for the same office; and
                    ``(iv) no broadcaster shall allot more than 4\1/2\ 
                hours per week of free broadcast time for political 
                advertising and, if the amount of time required to or 
                allotted by this paragraph would exceed 4\1/2\ hours, 
                the time required to be allotted each qualified 
                candidate shall be reduced proportionately.
            ``(D) The broadcast time shall be used solely for 
        programming consisting of unedited segments in which the 
        candidate speaks directly to the camera.
    ``(3) A candidate shall be treated as a qualified political 
candidate for purposes of paragraph (2)(A) if the candidate's party, in 
the most recent statewide or national election, received more than 2 
percent of the total number of votes.
    ``(4) A licensee allots free broadcast time as required by this 
subsection by broadcasting statements without remuneration or 
compensation in any form, whether by public or private funds, tax 
deduction or credit, or otherwise.
    ``(5) Nothing in this subsection, and no use of free broadcast time 
allotted under this subsection, shall be construed to restrict or 
otherwise affect the purchase of advertising time under subsection (b) 
of this section.''.

SEC. 3. CABLE BROADCASTING OF POLITICAL ADVERTISING.

    Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) A cable operator shall annually make available free cable 
time for political advertising in accordance with the requirements of 
regulations prescribed by the Commission. Such regulations shall, to 
the extent practicable, require each such cable operator to provide 
such free cable time in the same amounts and manner, to the same 
eligible political candidates, and subject to the same conditions as 
free broadcast time is required to be provided by television broadcast 
station licensees under section 315(c) of the Act. No franchise 
authority shall renew the franchise of any cable operator that fails to 
comply with such regulations, but such operator shall not be subject to 
any other sanction or remedy for such failure or refusal.''.
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