[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[Senate]
[Pages S14199-S14200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Mr. Lott, Mr. Obama, Ms. Snowe, Mr. 
        Kerry, Mr. Nelson of Florida, Ms. Cantwell, Mrs. Feinstein, Mr. 
        Biden, and Mrs. Clinton):
  S. 2332. 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; to the Committee on Commerce, Science, and Transportation.
  Mr. DORGAN. Mr. President, today I am introducing the Media Ownership 
Act of 2007, along with Senators Lott, Obama, Snowe, Kerry, Nelson of 
Florida, Cantwell, and Feinstein. We seek with this bill to halt the 
Federal Communications Commission's, FCC, fast

[[Page S14200]]

march toward easing media ownership rules.
  The FCC has taken a series of destructive actions in the past two 
decades that, I believe, have undermined the public interest. Now they 
appear prepared to do it again. The FCC is working to have a rewrite of 
media ownership rules completed just next month. Now this seems like a 
massive rush to me and a big mistake. How will the public interest be 
served by attempting to rush through a plan to relax ownership rules?
  We don't need more concentration of ownership in radio and television 
stations and a green light for cross ownership between newspapers, 
radio and television stations. Further consolidation of media ownership 
at all is an affront to common sense. But even if we disagree with the 
rules the FCC issues, and even if we think the FCC should break up the 
big media companies rather than allow them to consolidate, the FCC must 
go through an honest and thorough process. They must study the 
questions that affect a decision of whether to adjust ownership limits. 
They have not done this. They have not put the final rules out for 
comment for a meaningful amount of time, they have not given the 
necessary consideration to the issue of localism, and they do not know 
enough about the impact of consolidation on localism or female and 
minority ownership.
  The Media Ownership Act of 2007 ensures that the FCC allow enough 
time for comment on the actual rule changes. It requires that the FCC 
put out the final rules proposed by the Commission for 90 days of 
comment.
  The bill also requires that the FCC complete a separate proceeding on 
the promotion of local programming and content by broadcasters and 
newspapers. In 2003, Chairman Powell set up a task force to promote 
localism in broadcasting and they began some hearings and took in 
comments. Chairman Martin has wrapped those comments into this 
ownership proceeding and is finishing the last localism hearing as part 
of this rushed schedule. The bill requires that they must publish a 
final rule in a separate proceeding and allow 90 days of comment. This 
must be completed prior to the vote on ownership.
  The bill requires that the FCC establish an Independent Panel on 
Ownership by Women and Minorities. The FCC must collect and provide 
this panel with data on the specific gender and ethnic makeup of media 
owners. The panel shall issue recommendations and the FCC must act on 
these recommendations prior to a vote on media ownership.
  The last time the FCC tried to do rush to consolidate media 
ownership, the United States Senate voted to block it. On September 16, 
2003, the Senate voted 55-40 to support a ``resolution of disapproval'' 
of the FCC's previous decision to allow further concentration. If we 
have to do this again we will. A number of us have sent numerous 
letters to the FCC stating what needs to be done prior to a vote on 
media ownership limits and yet the Chairman is on track to move this 
proceeding to a vote. The FCC is clearly not listening and legislation 
is now necessary.
  This is again a bipartisan effort to stop the FCC from destroying the 
local interests that we have always felt must be a part of 
broadcasting.
  It is time to ensure that we first protect localism and diversity, 
which the FCC appears to have long forgotten. Only then can we really 
review the rules of media ownership in a thorough process to see if it 
is actually in the public interest to reverse any of those rules, or if 
greater public interest protections are necessary.
  Mr. President, I ask unanimous consent that the text of the bill be 
placed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2332

       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 ``Media Ownership Act of 
     2007''.

     SEC. 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.''.

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