I 

108TH CONGRESS 

1ST SESSION H. R. 2212

To require the Federal Communications Commission to comply with the 

Administrative Procedures Act and to adhere to the policies and purposes 

of Communications Act of 1934 favoring diversity of media voices, vigorous economic competition, technological advancement, and promotion 

of the public interest, convenience, and necessity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2003

Mr. CONYERS (for himself, Mr. HINCHEY, Ms. JACKSON-LEE of Texas, Mr. 

CUMMINGS, Mr. CASE, Ms. SLAUGHTER, Ms. LEE, Mr. FILNER, Ms. 

WATSON, Ms. SOLIS, Mr. MICHAUD, Mr. MCDERMOTT, Mr. PETERSON

of Minnesota, Mrs. JONES of Ohio, and Mr. WATT) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL

To require the Federal Communications Commission to comply with the Administrative Procedures Act and to adhere to the policies and purposes of Communications 

Act of 1934 favoring diversity of media voices, vigorous 

economic competition, technological advancement, and 

promotion of the public interest, convenience, and necessity, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maintaining and En5 suring Diversity and Integrity on the Airwaves Act of 

6 2003’’ or the ‘‘MEDIA Act of 2003’’. 

7 SEC. 2. COMPLIANCE WITH THE ADMINISTRATIVE PROCE8 DURES ACT. 

9 Section 553 of title 5, United States Code, is amend10 ed by adding at the end the following new subsection: 

11 ‘‘(e) Notwithstanding subsection (b)(3), an agency 

12 may not prescribe substantial and extensive revisions to 

13 its regulations unless such revised regulations have been 

14 published in proposed form to afford interested persons 

15 the opportunity under subsection (c) to submit data, 

16 views, or arguments thereon.’’. 

17 SEC. 3. EXTENSION OF INTERVAL FOR REVIEWS. 

18 (a) AMENDMENT.—Subsection (a) of section 11 of 

19 the Communications Act of 1934 (47 U.S.C. 161(a)) is 

20 amended—

21 (1) by striking ‘‘BIENNIAL’’ in the heading of 

22 such subsection; and 

23 (2) by striking ‘‘In every even-numbered year 

24 (beginning with 1998),’’ and inserting ‘‘Once each 5 

25 years (beginning with 2008),’’. 
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1 (b) ELIMINATION OF SPECIAL TREATMENT OF

2 MEDIA RULES.—Section 202 of the Telecommunications 

3 Act of 1996 (Public Law 104–104; 110 Stat. 111) is 

4 amended by striking subsection (h). 

5 SEC. 4. COMPLIANCE WITH POLICIES AND PURPOSES OF 

6 THE COMMUNICATIONS ACT OF 1934. 

7 Section 257 of the Communications Act of 1934 (47 

8 U.S.C. 257) is amended by adding at the end the following 

9 new subsection: 

10 ‘‘(d) COMPLIANCE WITH POLICIES AND PUR11 POSES.—

12 ‘‘(1) COMPLETION OF REVIEW AND REPORT

13 PRIOR TO DEREGULATORY ACTIONS.—The Commis14 sion shall not take any action under section 11 of 

15 this Act to repeal or modify any regulation the Com16 mission determines to be no longer necessary in the 

17 public interest unless—

18 ‘‘(A) the Commission has completed the re19 port to Congress required by subsection (c) of 

20 this section to be submitted during 2003; 

21 ‘‘(B) the Commission has included in a re22 port to Congress under subsection (c) of this 

23 section an analysis of how any change of the ex24 isting regulations (i) is consistent with the na25 tional policy as set forth in subsection (b), and 
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1 (ii) would affect the barriers to entry identified 

2 under subsection (a) of this section; and 

3 ‘‘(C) the Commission determines that such 

4 repeal or modification is consistent with the re5 moval of such barriers and with the policies and 

6 purposes set forth in subsection (b) of this sec7 tion. 

8 ‘‘(2) PROHIBITION OF LICENSE TRANSFERS

9 PENDING COMPLETION OF REQUIREMENTS.—Unless 

10 the Commission has complied with the requirements 

11 of this section (including the requirements of para12 graph (1) of this subsection), the Commission shall 

13 not approve any application, or group of interrelated 

14 applications, for the transfer or assignment under 

15 section 309 of any license licenses for a television or 

16 radio broadcast station or stations to any party if—

17 ‘‘(A) such aggregate value of the trans18 action or transactions involving such station or 

19 stations is in excess of $50,000,000; and 

20 ‘‘(B) such party or any of its principal 

21 stockholders, partners, or members, officers, or 

22 directors, directly or indirectly, owns, operates, 

23 or controls another television or radio broadcast 

24 station.’’.

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