[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 501 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 501
To enforce the public interest obligations of broadcast station
licensees to their local communities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2005
Ms. Slaughter (for herself, Mr. Holt, Mr. Grijalva, Mr. Filner, Mr.
Rangel, Mr. Owens, Ms. Watson, Mr. Kucinich, Mr. Hinchey, Mr.
McDermott, Ms. Woolsey, and Mr. George Miller of California) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To enforce the public interest obligations of broadcast station
licensees to their local communities.
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 ``Fairness and Accountability in
Broadcasting Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Communications Act of 1934 requires the Federal
Communications Commission and broadcast licensees to promote
the ``public interest,'' a phrase that appears 40 times in the
legislation.
(2) Because broadcasters receive free licenses to use the
public's airwaves, estimated to be worth hundreds of billions
of dollars, they have an obligation to uphold the public's
interest, and to adequately inform the public about news and
opinion.
(3) From 1949 to 1987, a policy of the Federal
Communications Commission (FCC) required that radio and
television stations air all sides of important or controversial
issues, and give equal time to all candidates.
(4) Since the rescission of the Fairness Doctrine, the
country has experienced a proliferation of highly partisan
networks, news outlets, and ownership groups that disseminate
unbalanced news coverage and broadcast content.
(5) News consumers, particularly those of talk radio, are
overwhelmingly exposed to a single point of view. A 2004 survey
by Democracy Radio revealed that 90 percent of all broadcast
hours on talk radio are characterized as conservative. This
imbalance results in issues of public importance receiving
little or no attention, while others are presented in a manner
not conducive to the listeners' receiving the facts and range
of opinions necessary to make informed decisions.
(6) The 2004 survey, done by Democracy Radio, found that
there were 2,349 hours of local conservative programs broadcast
every week versus 555 hours of local progressive programs, and
39,382 hours of national conservative programs broadcast every
week versus 2,487 hours of national progressive programs.
(7) An April 2004 poll, conducted by Media Matters for
America of likely voters shows overwhelming support across the
political and demographic spectrum for restoring rules
requiring fairness and balance on the public's airwaves. When
asked whether television and radio stations that use the
public's airwaves should be required to present the sides of an
issue in a reasonably balanced way including giving time to
opposing points of view.
(8) Democracy is built on the concept that the views,
beliefs, and values of an informed citizenry provide the best
basis for political decision-making.
SEC. 2. IMPLEMENTATION OF PUBLIC INTEREST STANDARDS.
Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is
amended by adding at the end the following new subsection:
``(l) Implementation of Public Interest Standard.--
``(1) Purpose.--The purposes of this subsection are--
``(A) to restore fairness in broadcasting;
``(B) to ensure that broadcasters meet their public
interest obligations;
``(C) to promote diversity, localism, and
competition in American media; and
``(D) to ensure that all radio and television
broadcasters--
``(i) are accountable to the local
communities they are licensed to serve;
``(ii) offer diverse views on issues of
public importance, including local issues; and
``(iii) provide regular opportunities for
meaningful public dialogue among listeners,
viewers, station personnel, and licensees.
``(2) Standards for public interest determinations.--The
Commission may not issue or renew any license for a
broadcasting station based upon a finding that the issuance or
renewal serves the public interest, convenience, and necessity
unless such station is in compliance with the requirements of
this subsection.
``(3) Coverage of issues of public importance.--Each
broadcast station licensee shall, consistent with the purposes
of this subsection, cover issues of importance to their local
communities in a fair manner, taking into account the diverse
interests and viewpoints in the local community.
``(4) Hearings on needs and interests of the community.--
Each broadcast station licensee shall hold two public hearings
each year in its community of license during the term of each
license to ascertain the needs and interests of the communities
they are licensed to serve. One hearing shall take place two
months prior to the date of application for license issuance or
renewal. The licensee shall, on a timely basis, place
transcripts of these hearings in the station's public file,
make such transcripts available via the Internet or other
electronic means, and submit such transcripts to the Commission
as a part of any license renewal application. All interested
individuals shall be afforded the opportunity to participate in
such hearings.
``(5) Documentation of issue coverage.--Each broadcast
station licensee shall document and report in writing, on a
biannual basis, to the Commission, the programming that is
broadcast to cover the issues of public importance ascertained
by the licensee under paragraph (3) or otherwise, and on how
such coverage reflects the diverse interests and viewpoints in
the local community of such station. Such documents shall also
be placed, on a timely basis, in the station's public file and
made available via the Internet or other electronic means.
``(6) Consequences of failure.--
``(A) Petitions to deny.--Any interested person may
file a petition to deny a license renewal on the
grounds of--
``(i) the applicant's failure to afford
reasonable opportunities for presentation of
opposing points of view on issues of public
importance in its overall programming, or the
applicant's non-compliance with the
Commission's programming rules and policies
relating to news staging and sponsorship
identification;
``(ii) the failure to hold hearings as
required by paragraph (3);
``(iii) the failure to ascertain the needs
and interests of the community; or
``(iv) the failure to document and report
on the manner in which fairness and diversity
have been addressed in local programming.
``(B) Commission review.--Any petition to deny
filed under subparagraph (A) shall be reviewed by the
Commission. If the Commission finds that the petition
provides prima facie evidence of a violation, the
Commission shall conduct a hearing in the local
community of license to further investigate the charges
prior to renewing the license that is the subject of
such petition.
``(C) Other remedies.--Nothing in this subsection
shall preclude the Commission from imposing on a
station licensee any other sanction available under
this Act or in law for a failure to comply with the
requirements of this subsection.
``(7) Annual report.-- The Commission shall report annually
to the Congress on petitions to deny received under this
subsection, and on the Commission's decisions regarding those
petitions.''.
SEC. 3. TERM OF LICENSE.
(a) Amendment.--Section 307(c)(1) of the Communications Act of 1934
(47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it
appears and inserting ``4 years''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective with respect to any license granted by the Federal
Communications Commission after the date of enactment of this Act.
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