[Congressional Record Volume 151, Number 16 (Tuesday, February 15, 2005)]
[Senate]
[Pages S1424-S1425]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 383. A bill to shorten the term of broadcasting licenses under the 
Communications Act of 1934 from 8 to 3 years, to provide better public 
access to broadcasters' public interest issues and programs lists and 
children's programming reports, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I rise today to introduce the ``Localism 
in Broadcasting Reform Act of 2005.'' This legislation would reduce the 
license term for broadcasters from 8 years to 3 years, thereby 
requiring broadcasters to provide the Federal Communications Commission 
(FCC or Commission) with information every 3 years on why their license 
should be renewed. Prior to 1981, broadcast licenses were granted for a 
term of 3 years.
  The bill would require the full Commission to review 5 percent of all 
license and renewal applications. Currently, the Media Bureau randomly 
audits 5 percent of all license renewal applications. The FCC first 
started an audit process back in the 1980s when the FCC changed its 
license renewal process from one where stations submitted evidence of 
``public interest'' obligations compliance to one where stations self 
certify compliance, critics call it a ``post card renewal''. This 
section would take the audit process a step further by requiring the 
Commissioners to review the applications selected for audit rather than 
the Media Bureau.
  The bill would command broadcasters to post on their Internet sites 
information detailing their commitment to local public affairs 
programming and children's programming. The bill also calls for the FCC 
to complete

[[Page S1425]]

its proceeding on whether public interest obligations should apply to 
broadcasters in the digital era.
  To ensure that viewers or listeners can fully participate in a 
broadcaster's license renewal, the bill would codify the Commission's 
rule that a viewer or listener has standing to challenge a license if 
he demonstrates either that he resides in the station's service area or 
that he regularly listens or views the station and that such listening 
or viewing is not the result of transient contacts with the station.
  Lastly, the bill would allow the Commission, during a license renewal 
proceeding, to review not only the performance of the station seeking 
renewal, but also the performance of all stations owned by the licensee 
seeking renewal. The current statute restricts the Commission's review 
only to that station seeking the renewal.
  Last June, FCC Chairman Michael Powell and I challenged all local 
broadcast television and radio stations to provide their local 
communities with significant information on the local political issues 
facing communities, the local candidates' campaign platforms, and the 
local candidate debates during the 2004 election. In response to the 
challenge, many broadcasters sent volumes of material detailing their 
extensive election coverage and committing to increase their coverage 
in 2004. Today, the Norman Lear Center at the Annenberg School for 
Communication at the University of Southern California released 
findings showing that local news coverage of local political campaigns 
is dismal. Specifically, the study found that 92 percent of the news 
broadcasts studied contained no stories about races for the U.S. House, 
State senate or assembly, mayor, city council, law-enforcement posts, 
judgeships, education offices, or regional or county offices.
  Therefore, I feel it is now time to introduce legislation to bring 
local back into local broadcasting. I believe this legislation is a 
step in the right direction. It will have a small impact on those 
stations that are currently meeting their public interest obligations, 
but it should have a large impact on those citizens whose local 
broadcaster is not meeting its obligations. I refuse to believe that 
the ``public interest'' is served by minimal campaign coverage, such as 
a 12 second sound bite on from a candidate during a half-hour local 
news program as found in the study. Citizens deserve more from their 
local broadcaster.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 383

       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 ``Localism in Broadcasting 
     Reform Act of 2005''.

     SEC. 2. 3-YEAR TERM FOR BROADCAST LICENSES.

       (a) In General.--Section 307(c)(1) of the Communications 
     Act of 1934 (47 U.S.C. 307(c)(1)) is amended by striking 
     ``8'' each place it appears and inserting ``3''.
       (b) Existing Licenses.--The amendment made by subsection 
     (a) shall apply to licenses granted or renewed after the date 
     of enactment of this Act.

     SEC. 3. FULL COMMISSION REVIEW REQUIRED FOR 5 PERCENT OF 
                   APPLICATIONS.

       Section 309(a) of the Communications Act of 1934 (47 U.S.C. 
     309(a)) is amended by adding at the end the following: ``The 
     determination required by this subsection shall be made by 
     the full Commission en banc in no fewer than 5 percent of the 
     applications filed with it in each calendar year to which 
     section 308 applies.''.

     SEC. 4. ISSUES AND PROGRAMS REPORTS; CHILDREN'S TELEVISION 
                   REPORTS.

       (a) In General.--
       (1) Electronic filing.--The Commission shall amend its 
     regulations to require every broadcaster to file, 
     electronically, a copy of its public interest issues and 
     programs list and its children's programming reports with the 
     Commission, in such form as the Commission may require, 
     within 10 days after the end of each calendar quarter.
       (2) Waiver.--The Commission may waive or defer compliance 
     with the regulations promulgated in paragraph (1) by a 
     broadcaster in any specific instance for good cause shown 
     where such action would be consistent with the public 
     interest.
       (b) Licensee Website Requirement.--The Commission shall 
     amend its regulations to require every broadcast station for 
     which there is a publicly accessible website on the 
     Internet--
       (1) to make its public interest issues and programs list 
     and its children's programming reports available to the 
     public on that website; or
       (2) to provide a hyperlink on that website to that 
     information on the Commission's website.
       (c) Commission Website Requirement.--The Commission shall 
     provide access to the public to the public interest issues 
     and programs lists and children's programming reports filed 
     electronically by broadcasting stations with the Commission.
       (d) Timeframe.--The Commission shall amend its regulations 
     to carry out the requirements of this section not later than 
     180 days after the date of enactment of this Act.

     SEC. 5. STANDARDS FOR BROADCAST STATION RENEWAL TO INCLUDE 
                   REVIEW OF LICENSEE'S OTHER STATIONS.

       Section 309(k)(1) of the Communications Act of 1934 (47 
     U.S.C. 309(k)(1)) is amended--
       (1) by striking ``with respect to that station,'' and 
     inserting ``with respect to that station (and all stations 
     operated by the licensee),'';
       (2) by striking ``its'' and inserting ``that station's''; 
     and
       (3) in subparagraph (A), by striking ``the station has'' 
     and inserting ``the station has, and such other stations 
     have,''.

     SEC. 6. PARTY IN INTEREST REQUIREMENT FOR PETITIONS TO OPPOSE 
                   THE GRANT OR RENEWAL OF A LICENSE.

       Section 309(d) of the Communications Act of 1934 (47 U.S.C. 
     309(d)(1)) is amended by adding at the end the following:
       ``(3) For purposes of paragraph (1), the term `party in 
     interest' includes any individual who--
       ``(A) is a listener or viewer of the specific station to 
     which the application relates (determined without regard to 
     such individual's place of residence);
       ``(B) asserts an interest in vindicating the general public 
     interest; and
       ``(C) makes the specific allegations and showings required 
     by this subsection.''.

     SEC. 7. COMPLETION OF CERTAIN PENDING PROCEEDINGS.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Commission shall complete action 
     on--
       (1) In the Matter of Standardized and Enhanced Disclosure 
     Requirements for Television Broadcast Licensee Public 
     Interest Obligations, MM Docket No. 00-168; and
       (2) In the Matter of Public Interest Obligations of 
     Television Broadcast Licensees, MM Docket No. 99-360.
       (b) Standardized Forms for Electronically Filed Reports.--
     As part of the proceedings described in subsection (a), the 
     Commission shall--
       (1) give consideration to requiring standardized forms for 
     broadcasters to use in preparing public interest issues and 
     programs lists for electronic filing; and
       (2) if it determines that such standardized forms would be 
     in the public interest, develop and promulgate such forms and 
     require their use by permittees and licensees.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Broadcaster.--The term ``broadcaster'' means a 
     permittee or licensee of a commercial or non-commercial 
     television or radio broadcast station.
       (2) Children's programming reports.--The term ``children's 
     programming reports'' means the information that a 
     broadcaster is required to provide for public inspection by 
     paragraph (e)(11)(iii) of section 73.3526 of title 47, Code 
     of Federal Regulations.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Public interest issues and programs list.--The term 
     ``public interest issues and programs list'' means the 
     information that--
       (A) a commercial broadcast station is required to provide 
     for public inspection by paragraphs (e)(11)(i) and (12) of 
     section 73.3526 of title 47, Code of Federal Regulations; and
       (B) a non-commercial broadcast station is required to 
     provide for public inspection by paragraph (e)(8) of section 
     73.3527 of title 47, Code of Federal Regulations.
                                 ______