Public Broadcasting Financial Independence and Family Viewing Act of 1995

Summary: Public Broadcasting Financial Independence and Family Viewing Act of 1995 - Amends the Communications Act of 1934 to require that public telecommunications programs under the purview of the Corporation for Public Broadcasting be suitable for family viewing throughout the broadcast day. 
(Sec. 3) Prohibits Federal funds from being used to broadcast any program which is indecent or any dramatic program which includes nudity. 
(Sec. 4) Declares that it is in the public interest that public broadcasting provide educational, cultural, informational, and entertaining programming which is suitable for family viewing. 
(Sec. 5) Requires the Federal Communications Commission to adopt regulations which would allow public broadcast license holders, under specified conditions, to:  (1) make use of their broadcast spectrum for the transmission of ancillary and supplementary services if the licensees provide at least one free schedule of public broadcast programming; and (2) utilize their broadcast schedule between 1 a.m. and 6 a.m. to provide on a leased basis non-public broadcast programming for a fee or to provide commercially sponsored programming. 
(Sec. 7) Revises advertising restrictions to permit a public broadcast station to advertise an offering that is an educational or cultural event sponsored in part by a qualified public broadcasting station or producer or distributor of programming for public broadcast stations. 
(Sec. 8) Allows Public Broadcasting programming to be distributed to viewers by means of satellite, common carrier, or other forms of telecommunications technology for a fee provided that the proceeds from such distribution go to the exclusive benefit of public broadcasting. 
(Sec. 9) Authorizes the Commission to approve an exchange of frequencies between a public broadcaster and a commercial broadcaster when the proceeds from such exchange are dedicated to the benefit of the national public broadcasting system. 
(Sec. 10)  Requires the Board of Directors of the Corporation and the Public Broadcasting System (PBS) to ensure that agreements for programming include a provision to assure that public broadcasting share in benefits from the sale of any ancillary products, books, recordings, toys, character licensing, or other products related to the broadcast of such programming. 
(Sec. 11) Requires the General Accounting Office to:  (1)  review the operations of the Corporation, PBS, Public Broadcasters and their program, and other contractors and make recommendations to the Congress for improving the efficiency and self-sufficiency of public broadcasting; and (2) conduct a feasibility study of merging or coordinating public broadcasting operations and facilities or portions of such with Federal international broadcasting operations. 
(Sec. 13) Qualifies public broadcast licensees for interstate and intrastate educational telecommunications service rates to the extent such rates are available and to the extent such services are used to provide public broadcasting.

SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Public Broadcasting Financial 
Independence and Family Viewing Act of 1995''.

SEC. 2. FAMILY VIEWING.

    Section 396(g)(1)(A) of title 47 is amended by inserting between 
the words ``which'' and ``are'' the following new language ``are 
suitable for family viewing throughout the broadcast day and which''.

SEC. 3. USE OF FEDERAL FUNDS.

    A new section 396(k)(1)(F) to title 47 is added as follows:
                    ``(F) No Federal funds shall be used to broadcast 
                any program which is indecent or to broadcast any 
                dramatic program which includes nudity.''.

SEC. 4. PUBLIC INTEREST.

    Section 396(a) of title 47 is amended by adding the following new 
subsection:
            ``(11) It is in the public interest what public 
        broadcasting provide educational, cultural, informational and 
        entertaining programming which is suitable for family 
        viewing.''.

SEC. 5. SPECTRUM FLEXIBILITY.

    The Commission shall adopt regulations which would allow public 
broadcast license holders to make use of their broadcast spectrum for 
the transmission of ancillary and supplementary services, so long as 
the licensees provide without charge at least one schedule of public 
broadcast programming. In permitting such use, the Commission shall 
assure thorough regulation or license terms that--
            (1) the proceeds, if any from such ancillary and 
        supplementary use go to the exclusive benefit of public 
        broadcasting;
            (2) public broadcast licensees do not lessen their existing 
        commitment or level of effort to public broadcasting; and
            (3) to the extent such spectrum is used for a purpose other 
        than public broadcasting, fees charged for such use shall be at 
        market rates.

SEC. 6. SCHEDULE FLEXIBILITY.

    The Commission shall adopt regulations which would allow public 
broadcast license holders to utilize their broadcast schedule between 
the hours of 1 a.m. and 6 a.m. to provide on a leased basis non-public 
broadcast programming for a fee or for public broadcast license holders 
to provide commercially sponsored programming provided that--
            (1) the proceeds from such use go to the exclusive benefit 
        of public broadcasting;
            (2) public broadcast licensees do not lessen their existing 
        commitment or level of effort to public broadcasting; and
            (3) to the extent such use is for a purpose other than 
        public broadcasting, fees charged for such use shall be at 
        market rates.

SEC. 7. ENHANCED UNDERWRITING.

    (a) Section 399(a) of title 47 is amended--
            (1) by striking the word ``exclusive'' in subsection (a); 
        and
            (2) by inserting before the period: ``through a call to 
        action, an inducement to buy, sell, rent, or lease, or the 
        provision of price information''.
    (b) Section 399B(a) of title 47 is amended--
            (1) by inserting: ``through a call to action inducement to 
        buy, sell, rent, or lease or the provision of price 
        information'' after the word ``promote.''; and
            (2) by inserting: ``when such offering is other than an 
        educational or cultural event sponsored in part by a qualified 
        public broadcasting station, or producer or distributor of 
        programming for public broadcast stations'' after the word 
        ``profit''.
SEC. 8. SATELLITE, COMMON CARRIER AND OTHER FORMS OF PROGRAM 
              DISTRIBUTION.

    Public Broadcasting programming may be distributed to viewers by 
means of satellite, common carrier, or other form of telecommunications 
technology for a fee provided that the proceeds from such distribution 
go to the exclusive benefit of public broadcasting.

SEC. 9. FREQUENCY EXCHANGE.

    The Commission may approve an exchange of frequencies between a 
public broadcaster and a commercial broadcaster, when the proceeds from 
such exchange are dedicated to the benefit of the national public 
broadcasting system.

SEC. 10. ANCILLARY INCOME.

    The Board of Directors of the Corporation for Public Broadcasting, 
and the Public Broadcasting System shall ensure that to the greatest 
extent possible agreements for programming include a provision to 
assure that public broadcasting share in benefits from the sale of any 
ancillary products, books, recordings, toys, character licencing or 
other products related to the broadcast of such programming.

SEC. 11. GAO REVIEW.

    The General Accounting Office shall conduct a review of the 
operations of the Corporation of Public Broadcasting, the Public 
Broadcasting System, Public Broadcasters and their program and other 
contractors. These entities shall make their records and accounts 
available to the General Accounting Office for review. The General 
Accounting Office shall protect proprietary information. Within one 
year of the date of enactment of this Act, the General Accounting 
Office shall report to the Congress its recommendations for improving 
the efficiency, and self-sufficiency of public broadcasting.

SEC. 12. FEASIBILITY OF MERGER WITH INTERNATIONAL BROADCASTING.

    The General Accounting Office shall conduct a feasibility study of 
merging or coordinating public broadcasting operations and facilities 
or portions of operations and facilities with the international 
broadcasting operations of the United States Government.

SEC. 13. EDUCATIONAL RATES.

    Public broadcast licensees shall qualify for interstate and 
intrastate educational telecommunications service rates to the extent 
such rates are available and to the extent such telecommunications 
services are used for the purpose of providing public broadcasting.