[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5058 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5058

To repeal the limitations on multiple ownership of radio and television 
stations imposed by the Federal Communications Commission, to prohibit 
the Federal Communications Commission from limiting common ownership of 
   daily newspapers and full-power broadcast stations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2020

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To repeal the limitations on multiple ownership of radio and television 
stations imposed by the Federal Communications Commission, to prohibit 
the Federal Communications Commission from limiting common ownership of 
   daily newspapers and full-power broadcast stations, 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 ``Local News and Broadcast Media 
Preservation Act of 2020''.

SEC. 2. REGULATION OF BROADCAST OWNERSHIP BY THE FEDERAL COMMUNICATIONS 
              COMMISSION.

    (a) Repeal of Multiple Broadcast Station Ownership Rules.--
            (1) In general.--The Federal Communications Commission may 
        not impose any limitation on the number of radio or television 
        stations--
                    (A) that a person or entity may directly or 
                indirectly own, operate, or control; or
                    (B) in which a person or entity may have a 
                cognizable interest.
            (2) Regulations.--In accordance with paragraph (1), the 
        Federal Communications Commission shall repeal section 73.3555 
        of title 47, Code of Federal Regulations.
            (3) Technical and conforming amendment.--Section 202 of the 
        Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 
        108) is amended by striking subsections (a) through (d) and 
        (h).
    (b) Prohibition on Limitation of Newspaper and Broadcast Station 
Cross-Ownership.--The Federal Communications Commission may not impose 
any limitation on the ability of a person or entity to own one or more 
daily newspapers and one or more full-power broadcast stations.

SEC. 3. CLAYTON ACT.

    Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at 
the end the following:
    ``For purposes of an acquisition described in this section, the 
market share in any geographic market of the television broadcasting 
market, the radio broadcasting market, or the daily newspaper 
publication market (or any relevant product market within such markets) 
of the acquiring person as a result of the acquisition shall not be 
considered to substantially lessen competition or to tend to create a 
monopoly.''.

SEC. 4. SAFE HARBOR FOR CERTAIN COLLECTIVE NEGOTIATIONS.

    (a) Definitions.--In this section:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given the term in subsection 
                (a) of the first section of the Clayton Act (15 U.S.C. 
                12); and
                    (B) includes--
                            (i) section 5 of the Federal Trade 
                        Commission Act (15 U.S.C. 45) to the extent 
                        that section applies to unfair methods of 
                        competition; and
                            (ii) any State law (including regulations) 
                        that prohibits or penalizes the conduct 
                        described in, or is otherwise inconsistent 
                        with, subsection (b).
            (2) News content creator.--The term ``news content 
        creator'' means--
                    (A) any print or digital news organization that--
                            (i) has a dedicated professional editorial 
                        staff that creates and distributes original 
                        news and related content concerning local, 
                        national, or international matters of public 
                        interest on at least a weekly basis; and
                            (ii) is commercially marketed through 
                        subscriptions, advertising, or sponsorship; and
                    (B) provides original news and related content, 
                with the editorial content consisting of not less than 
                25 percent current news and related content.
            (3) Online content distributor.--The term ``online content 
        distributor'' means any entity that--
                    (A) operates a website or other online service that 
                displays, distributes, or directs users to news 
                articles, works of journalism, or other content on the 
                internet that is generated by third-party news content 
                creators; and
                    (B) has not fewer than 1,000,000,000 monthly active 
                users, in the aggregate, of all of its websites or 
                online services worldwide.
    (b) Limitation of Liability.--A news content creator may not be 
held liable under the antitrust laws for engaging in negotiations with 
any other news content creator during the 4-year period beginning on 
the date of enactment of this Act to collectively withhold content 
from, or negotiate with, an online content distributor regarding the 
terms on which the news content of the news content creator may be 
distributed by the online content distributor, if--
            (1) the negotiations with the online content distributor--
                    (A) are not limited to price;
                    (B) are nondiscriminatory as to similarly situated 
                news content creators;
                    (C) directly relate to the quality, accuracy, 
                attribution or branding, and interoperability of news; 
                and
                    (D) pertain to terms that would be available to all 
                news content creators;
            (2) the coordination between the news content creators is 
        directly related to and reasonably necessary for negotiations 
        with an online content distributor that are otherwise 
        consistent with this Act; and
            (3) the negotiations do not involve any person that is not 
        a news content creator or an online content distributor.
    (c) Rule of Construction.--Except as provided in this Act, this Act 
shall not be construed to modify, impair, or supersede the operation of 
the antitrust laws.
                                 <all>