[House Report 116-624]
[From the U.S. Government Publishing Office]


116th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      116-624

======================================================================

 
REAFFIRMING THE COMMITMENT TO MEDIA DIVERSITY AND PLEDGING TO WORK WITH 
   MEDIA ENTITIES AND DIVERSE STAKEHOLDERS TO DEVELOP COMMON GROUND 
           SOLUTIONS TO ELIMINATE BARRIERS TO MEDIA DIVERSITY

                                _______
                                

  December 8, 2020.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

        Mr. Pallone, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 549]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 549) reaffirming the commitment to 
media diversity and pledging to work with media entities and 
diverse stakeholders to develop common ground solutions to 
eliminate barriers to media diversity, having considered the 
same, reports favorably thereon without amendment and 
recommends that the resolution be agreed to.

                                CONTENTS

                                                                    Page
  I. Purpose and Summary.............................................. 1
 II. Background and Need for Legislation.............................. 2
III. Committee Hearings............................................... 2
 IV. Committee Consideration.......................................... 2
  V. Committee Votes.................................................. 3
 VI. Oversight Findings............................................... 3
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures 3
VIII.Federal Mandates Statement....................................... 3

 IX. Statement of General Performance Goals and Objectives............ 3
  X. Duplication of Federal Programs.................................. 4
 XI. Committee Cost Estimate.......................................... 4
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits...... 4
XIII.Advisory Committee Statement..................................... 4

XIV. Applicability to Legislative Branch.............................. 4
 XV. Section-by-Section Analysis of the Legislation................... 4
XVI. Changes in Existing Law Made by the Resolution, as Reported...... 4

                         I. PURPOSE AND SUMMARY

    H. Res. 549, a resolution on media diversity, was 
introduced by Representative Val Demings (D-FL) and referred to 
the Committee on Energy and Commerce. H. Res. 549 reaffirms the 
commitment by the House of Representatives to media diversity 
and pledges to work with media entities and diverse 
stakeholders to develop common ground solutions to eliminate 
barriers to media diversity.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Ownership by women and people of color of traditional media 
distribution outlets--broadcast and multichannel video 
programming distributor (MVPD) is very low.\1\ According to the 
most recent data from the Federal Communications Commission 
(FCC) from October 2017, ownership of full power commercial 
television stations and commercial FM radio stations by women 
and people of color was around 10 percent.\2\ The FCC does not 
collect similar ownership data for MVPDs.
---------------------------------------------------------------------------
    \1\See, e.g., Federal Communications Commission, Fourth Report on 
Ownership of Commercial Broadcast Stations (Feb. 14, 2020); Government 
Accountability Office, Economic Factors Influence the Number of Media 
Outlets in Local Markets, While Ownership by Minorities and Women 
Appears Limited and Is Difficult to Assess (April 11, 2008) (GAO 08-
383).
    \2\Federal Communications Commission, Media Bureau, Third Report on 
Ownership of Commercial Broadcast Stations (May 10, 2017). Ownership by 
women and people of color of Class A television stations, low power 
television stations, and commercial AM radio stations did not fare any 
better. Id.
---------------------------------------------------------------------------
    Viewpoint and ownership diversity have long been cited by 
Congress (as well as the FCC) as constituting a compelling 
governmental interest both for Congress and the FCC.\3\ Media 
outlets provide viewers with educational, political, 
entertainment, and news programming. Diversity helps to ensure 
that programming offers different perspectives and that viewers 
have access to programming that is relevant to them.\4\
---------------------------------------------------------------------------
    \3\Michelle C. Forelle, The FCC and the Problem of Diversity, 
International Journal of Communication (2015).
    \4\See, e.g., Carolyn M. Byerly, Behind the Scenes of Women's 
Broadcast Ownership, Howard University Journal of Communications 
(2011).
---------------------------------------------------------------------------

                        III. COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H. Res. 549:
    The Subcommittee on Communications and Technology held a 
hearing on January 9, 2020, entitled ``Lifting Voices: 
Legislation to Promote Media Marketplace Diversity.'' The 
Subcommittee received testimony from the following witnesses:
           Maurita Coley, Esq., President and CEO, 
        Multicultural Media, Telecom and Internet Council
           Clint Odom, Senior Vice President, Advocacy 
        & Policy & Executive Director, Washington Bureau, 
        National Urban League
           Catherine J.K. Sandoval, Associate 
        Professor, Santa Clara University School of Law
           Diane Sutter, President/CEO, ShootingStar 
        Inc.

                      IV. COMMITTEE CONSIDERATION

    On September 10, 2019, Representative Demings introduced H. 
Res. 549, a resolution reaffirming the commitment of the House 
of Representatives to media diversity and pledging to eliminate 
barriers to such diversity. The resolution was referred to the 
Committee on Energy and Commerce and subsequently to the 
Subcommittee on Communications and Technology on September 11, 
2019. The Subcommittee held a hearing on the resolution on 
January 9, 2020.
    The Subcommittee met in open markup session on H. Res. 549 
on March 10, 2020, pursuant to notice, for consideration of the 
resolution. Subsequently, the Subcommittee on Communications 
and Technology agreed to a motion by Mr. Doyle, Chairman of the 
subcommittee, to favorably forward H. Res. 549, without 
amendment, to the full Committee on Energy and Commerce.
    On July 15, 2020, the full Committee met in virtual open 
markup session, pursuant to notice, to consider H. Res. 549. No 
amendments were offered to the resolution during its 
consideration. At the conclusion of markup of the resolution, 
the Committee on Energy and Commerce agreed to a motion offered 
by Mr. Pallone, Chairman of the committee, to order H. Res. 549 
favorably reported to the House, without amendment, by a voice 
vote, a quorum being present.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H. 
Res. 549.

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this resolution contains any new budget authority, 
spending authority, credit authority, or an increase or 
decrease in revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is for the 
House of Representatives to express its overarching goal of 
promoting diversity in the media marketplace by pledging to 
work with media entities and diverse stakeholders to develop 
common ground solutions to eliminate barriers to media 
diversity.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 549 is known to be duplicative of another Federal program, 
including any program that was included in a report to Congress 
pursuant to section 21 of Public Law 111-139 or the most recent 
Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 549 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    The preamble of this resolution expresses that an informed 
and engaged electorate is critical to a vibrant democracy, and 
independent, diverse, and local media provide a broad range of 
viewpoints. The preamble also states that small, independent, 
and diverse media outlets that serve diverse audiences and 
local media markets is essential to preserving local culture 
and understanding local community issues. The preamble notes 
the continued challenges of increasing diversity among all 
types of media entities.
    H. Res. 549 further resolves that the House of 
Representatives reaffirms its commitment to media diversity and 
pledges to work with media entities and diverse stakeholders to 
eliminate barriers to such diversity.

    XVI. CHANGES IN EXISTING LAW MADE BY THE RESOLUTION, AS REPORTED

    There are no changes to existing law made by the resolution 
H. Res. 549.

                                  [all]