[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 941 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 941

 To amend the Communications Act of 1934 to clarify the obligations of 
    licensees under section 331 of that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2019

  Mr. Menendez (for himself and Mr. Booker) 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 clarify the obligations of 
    licensees under section 331 of that Act, 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 ``Section 331 Obligation Clarification 
Act''.

SEC. 2. LICENSEE REQUIREMENTS.

    (a) In General.--Section 331 of the Communications Act of 1934 (47 
U.S.C. 331) is amended by striking subsection (a) and inserting the 
following:
    ``(a) Television Stations in Underserved States.--
            ``(1) Channel allocation.--
                    ``(A) Commission policy.--It shall be the policy of 
                the Commission to allocate channels for commercial 
                television broadcasting in a manner which ensures that 
                not less than 1 very high frequency channel and not 
                less than 1 ultra high frequency channel shall be 
                allocated to each State, if technically feasible.
                    ``(B) Reallocation of very high frequency channels 
                and ultra high frequency channels.--In any case in 
                which a licensee of a very high frequency commercial 
                television broadcast station or an ultra high frequency 
                commercial television broadcast station notifies the 
                Commission to the effect that such licensee will agree 
                to the reallocation of its channel to a community 
                within a State in which, at the time of such 
                notification, there is allocated no very high frequency 
                commercial television broadcast channel or ultra high 
                frequency commercial television broadcast channel, as 
                applicable, the Commission shall, notwithstanding any 
                other provision of law, order such reallocation and 
                issue a license to such licensee for that purpose under 
                section 307.
            ``(2) Licensee requirements.--Each licensee of a commercial 
        television broadcast station that receives a license under 
        paragraph (1)(B) shall--
                    ``(A) broadcast on the channel of the licensee not 
                fewer than 14 hours of common local programming per 
                week, not fewer than 7 hours of which shall be 
                broadcast between the hours of 6:00 p.m. and midnight;
                    ``(B) include as part of the common local 
                programming broadcast under subparagraph (A) a 
                substantial amount of particularized local content;
                    ``(C) maintain a broadcast studio in the station's 
                community of license for each license so received;
                    ``(D) file with the Commission a quarterly 
                disclosure of all programming broadcast under 
                subparagraph (A) during the period covered by the 
                disclosure, which--
                            ``(i) shall include a separate list of 
                        programming included under subparagraph (B) 
                        with a detailed explanation of how that 
                        programming satisfies the requirements of 
                        subparagraph (B); and
                            ``(ii) the Commission shall make publicly 
                        available; and
                    ``(E) when developing the programming described in 
                subparagraphs (A) and (B), or any public service 
                announcement broadcast on the channel of the licensee, 
                consult with community leaders and members of the 
                general public in the market served by the station.
            ``(3) Effect of changes to ultra high frequency station.--
        If a licensee that holds a license issued under paragraph 
        (1)(B) changes from a very high frequency commercial television 
        broadcast station to an ultra high frequency commercial 
        television broadcast station--
                    ``(A) the licensee shall ensure that the change 
                does not affect any special service obligation imposed 
                on the licensee because of the fact that the licensee 
                received the license under that paragraph, without 
                regard to whether the Commission imposed the 
                obligation--
                            ``(i) by rule or order; or
                            ``(ii) as part of the grant or renewal of 
                        the license; and
                    ``(B) the Commission may not directly or indirectly 
                reduce or eliminate the special service obligation 
                described in subparagraph (A) because of that change.
            ``(4) Definition.--In this subsection, the term 
        `particularized local content' means programming--
                    ``(A) aired on a commercial television broadcast 
                channel by a licensee that receives a license under 
                paragraph (1)(B); and
                    ``(B) that--
                            ``(i) has specific, articulable, and 
                        particularized appeal for the community to 
                        which the channel described in subparagraph (A) 
                        is reallocated under paragraph (1)(B) that is 
                        separate and distinct from the general national 
                        or local television market appeal;
                            ``(ii) includes news or public affairs 
                        information about the State, or the region of 
                        the State, in which the community described in 
                        clause (i) is located; and
                            ``(iii) is responsive to the unique 
                        concerns of the community described in clause 
                        (i) as part of a State that lacks a television 
                        market that is centered in that State.''.
    (b) Rulemaking.--
            (1) Definitions.--In this subsection--
                    (A) the term ``Commission'' means the Federal 
                Communications Commission; and
                    (B) the term ``section 331'' means section 331 of 
                the Communications Act of 1934 (47 U.S.C. 331), as 
                amended by subsection (a).
            (2) Rules.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall issue final rules 
        to implement the amendments made by subsection (a).
            (3) Requirements.--The rules required under paragraph (2) 
        shall--
                    (A) contain specific procedures and requirements 
                for how an individual who lives in a community to which 
                a commercial television broadcast channel is 
                reallocated under subsection (a)(1)(B) of section 331 
                can challenge whether the licensee with respect to that 
                channel has satisfied the requirements of the licensee 
                under section 331, particularly when that licensee 
                seeks to renew the license with respect to that 
                channel;
                    (B) include guidance regarding what type of 
                evidence the Commission shall accept and review in 
                determining whether a licensee described in 
                subparagraph (A) is satisfying the requirements of the 
                licensee under section 331; and
                    (C) ensure that the procedure by which an 
                individual described in subparagraph (A) can 
                participate in the review by the Commission of a 
                licensee described in that subparagraph--
                            (i) is simple and straightforward; and
                            (ii) includes holding community forums as 
                        necessary.
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