I 

116TH CONGRESS 

2D SESSION H. R. 8154 

To direct the Federal Communications Commission to establish a broadcast 

incubator program to support the entry of new and diverse voices in 

the broadcasting industry by providing for an established broadcaster 

and an emerging broadcaster to enter into a qualifying incubation relationship. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 1, 2020 

Mr. WALDEN introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To direct the Federal Communications Commission to establish a broadcast incubator program to support the entry 

of new and diverse voices in the broadcasting industry 

by providing for an established broadcaster and an 

emerging broadcaster to enter into a qualifying incubation relationship. 

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 ‘‘Broadcast Diversity 

5 in Leadership Act’’. 


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1 SEC. 2. BROADCAST INCUBATOR PROGRAM. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Our Nation continues to respond to the on4 going COVID–19 pandemic, and all Americans must 

5 have access to accurate, reliable information. 

6 (2) Americans are fighting racial injustice, and 

7 promoting local and diverse media will play an im8 portant role in limiting misinformation. 

9 (3) Congress should commit to promoting 

10 media diversity and pledging to work with media en11 tities and diverse stakeholders to develop common12 ground solutions to eliminate barriers to media di13 versity. 

14 (4) The principle that an informed and engaged 

15 electorate is critical to a vibrant democracy is deeply 

16 rooted in our laws of free speech and underpins the 

17 virtues on which we established our Constitution: ‘‘in 

18 Order to form a more perfect Union, establish Jus19 tice, insure domestic Tranquility, provide for the 

20 common defence, promote the general Welfare, and 

21 secure the Blessings of Liberty to ourselves and our 

22 Posterity’’. 

23 (5) Having independent, diverse, and local 

24 media that provide exposure to a broad range of 

25 viewpoints and the ability to contribute to the politVerDate Sep 11 2014 05:02 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8154.IH H8154

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1 ical debate is central to sustaining informed engage2 ment. 

3 (6) It is in the public interest to encourage 

4 source, content, and audience diversity on our Na5 tion’s shared media platforms. 

6 (7) The survival of small, independent, and di7 verse media outlets that serve diverse audiences and 

8 local media markets is essential to preserving local 

9 culture and building understanding on important 

10 community issues that impact the daily lives of resi11 dents. 

12 (8) Research by the American Society of News 

13 Editors, the Radio Television Digital News Associa14 tion, the Pew Research Center, and others has docu15 mented the continued challenges of increasing diver16 sity among all types of media entities. 

17 (9) With increasing media experience and so18 phistication, it is even more important to have mi19 nority participation in local media to ensure a di20 verse range of information sources are available and 

21 different ideas and viewpoints are expressed to 

22 strengthen social cohesion among different commu23 nities. 

24 (10) The constriction in small, independent, 

25 and diverse media outlets and limited participation 


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1 of diverse populations in media ownership and deci2 sionmaking are combining to negatively impact our 

3 goal of increasing local civic engagement and civic 

4 knowledge through increased voter participation, 

5 membership in civic groups, and knowledge of local 

6 political and civil information. 

7 (11) The Advisory Committee on Diversity and 

8 Digital Empowerment of the Commission, and pred9 ecessor Federal advisory committees, have rec10 ommended for decades that the Commission adopt 

11 an incubator program providing structural rule 

12 changes to facilitate new and diverse entrants into 

13 the marketplace. 

14 (12) The Broadcast Incubator Program estab15 lished under this section is consistent with the na16 tional policy described in section 257(b) of the Com17 munications Act of 1934 (47 U.S.C. 257(b)): ‘‘to 

18 promote the policies and purposes of this Act favor19 ing diversity of media voices, vigorous economic com20 petition, technological advancement, and promotion 

21 of the public interest, convenience, and necessity’’. 

22 (b) ESTABLISHMENT.—Not later than 270 days after 

23 the date of the enactment of this Act, the Commission 

24 shall promulgate regulations establishing a program, to be 

25 known as the ‘‘Broadcast Incubator Program’’, to support 


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1 the entry of new and diverse voices in the broadcasting 

2 industry by providing for an established broadcaster and 

3 an emerging broadcaster to enter into a qualifying incuba4 tion relationship with respect to one or more incubated 

5 stations of the emerging broadcaster. 

6 (c) QUALIFYING INCUBATION RELATIONSHIP.— 

7 (1) REQUIREMENTS.—The Commission shall 

8 establish in the regulations promulgated under sub9 section (b) requirements for a qualifying incubation 

10 relationship under the Program that include the fol11 lowing: 

12 (A) Eligibility criteria that an established 

13 broadcaster and an emerging broadcaster shall 

14 meet in order to enter into such relationship, 

15 including— 

16 (i) a limit, expressed in terms of a 

17 number of broadcast stations, on how 

18 many broadcast stations of which an 

19 emerging broadcaster may have effective 

20 control on the day before the date on 

21 which the established broadcaster and the 

22 emerging broadcaster submit the applica23 tion for the Program under subsection (d); 

24 (ii) a cap, expressed in terms of a dol25 lar amount, on the gross revenue that the 


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1 emerging broadcaster may earn during the 

2 calendar year ending most recently before 

3 the date on which the established broad4 caster and the emerging broadcaster sub5 mit the application for the Program under 

6 subsection (d); and 

7 (iii) a requirement for the established 

8 broadcaster to have effective control of— 

9 (I) if any incubated station under 

10 such relationship will be a radio 

11 broadcast station, any class of AM or 

12 FM radio broadcast station (except 

13 for a low power radio station or a 

14 radio translator station); and 

15 (II) if any incubated station 

16 under such relationship will be a tele17 vision broadcast station, any class or 

18 assignment of television broadcast sta19 tion (except for a low power television 

20 station or a television translator sta21 tion). 

22 (B) Criteria for the incubation activities 

23 that the established broadcaster shall perform 

24 as part of such relationship. Such activities 

25 shall include the provision by the established 


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1 broadcaster to the emerging broadcaster of 

2 training, financing, or access to resources. 

3 (C) A requirement that the established 

4 broadcaster and the emerging broadcaster es5 tablish mutually agreed-upon goals for such re6 lationship. 

7 (D) A requirement that the established 

8 broadcaster and the emerging broadcaster es9 tablish a mutually agreed-upon limitation on 

10 the amount of equity (if any) that the estab11 lished broadcaster may hold in the emerging 

12 broadcaster. 

13 (E) A minimum duration of 2 years for 

14 such relationship. 

15 (F) An option, which may be exercised 

16 upon the agreement of the established broad17 caster and the emerging broadcaster, for such 

18 relationship to continue on an ongoing basis. 

19 (G) A requirement that, upon successful 

20 completion of such relationship in accordance 

21 with the application approved by the Commis22 sion under subsection (d) and in compliance 

23 with the other requirements for the Program 

24 established by the Commission, the emerging 


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1 broadcaster shall have effective control of each 

2 incubated station under such relationship. 

3 (2) DETERMINATION OF SUCCESSFUL RELA4 TIONSHIP.—The Commission shall provide in the 

5 regulations promulgated under subsection (b) for the 

6 determination of whether a qualifying incubation re7 lationship is being carried out successfully or has 

8 been completed successfully to be made by the Com9 mission on a case-by-case basis based on information 

10 provided in the application process and related forms 

11 and materials. 

12 (d) APPLICATION PROCESS.— 

13 (1) JOINT APPLICATION.—The Commission 

14 shall require an established broadcaster and an 

15 emerging broadcaster who propose to enter into a 

16 qualifying incubation relationship under the Pro17 gram to submit to the Commission a joint applica18 tion for participation in the Program. 

19 (2) PROCESS, FORMS, AND MATERIALS.—The 

20 Commission shall develop an application process and 

21 related forms and materials necessary to carry out 

22 the Program. 

23 (3) APPLICATION REVIEW PROCESS.— 

24 (A) DEADLINE.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii) and subparagraph (B), the 

3 Commission shall approve or deny an ap4 plication for participation in the Program 

5 not later than 90 days after the date of the 

6 submission of the application. 

7 (ii) ADDITIONAL TIME NEEDED BY

8 COMMISSION.—If the Commission deter9 mines that, because an excessive number of 

10 applications have been filed at one time, 

11 the Commission needs additional time for 

12 employees of the Commission to process 

13 the applications, the Commission may ex14 tend the deadline described in clause (i) for 

15 not more than 45 days. 

16 (B) OPPORTUNITY FOR APPLICANT TO

17 CURE DEFICIENCY.—If the Commission deter18 mines that an application is materially defi19 cient, the Commission shall provide the appli20 cants a 15-day period to cure the defect before 

21 denying the application. If such period would 

22 extend beyond the deadline under subparagraph 

23 (A) for approving or denying the application, 

24 such deadline shall be extended through the end 

25 of such period. 


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1 (C) EFFECT OF DENIAL.—Denial of an ap2 plication for participation in the Program shall 

3 not preclude the applicants from resubmitting 

4 the application or any applicant from submit5 ting a new application for participation in the 

6 Program at a later date. 

7 (4) CERTIFICATIONS.—The Commission shall 

8 require each applicant submitting an application for 

9 participation in the Program to certify to the Com10 mission in the application that, as of the date of the 

11 submission of the application— 

12 (A) the applicant intends to participate, in 

13 good faith, in the Program; 

14 (B) in the case of an emerging broad15 caster, the applicant would be unable, without 

16 the qualifying incubation relationship proposed 

17 in the application— 

18 (i) in the case of any incubated sta19 tion of which the applicant has effective 

20 control as of such date, to continue to suc21 cessfully operate such station; and 

22 (ii) in the case of any incubated sta23 tion of which the applicant proposes to ac24 quire effective control after such date, to 

25 acquire such effective control; 


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1 (C) the applicants have established the 

2 mutually agreed-upon goals required by sub3 section (c)(1)(C); and 

4 (D) the applicants have established the 

5 mutually agreed-upon limitation required by 

6 subsection (c)(1)(D). 

7 (5) LIMITATION ON REAPPLICATION BY ESTAB8 LISHED BROADCASTER AFTER FAILED RELATION9 SHIP.—If, in 3 or more instances, the Commission 

10 has terminated the participation of an established 

11 broadcaster in the Program under subsection (f) and 

12 determined that such established broadcaster was 

13 primarily at fault in causing the circumstances on 

14 which the termination was based, such established 

15 broadcaster may not submit another application for 

16 participation in the Program. 

17 (e) WAIVER OF LOCAL OWNERSHIP RULES.— 

18 (1) IN GENERAL.—If the Commission makes 

19 the determination described in paragraph (2) with 

20 respect to an established broadcaster and an emerg21 ing broadcaster, the Commission shall, not earlier 

22 than 1 year after making such determination, grant 

23 to the established broadcaster a waiver of paragraph 

24 (a) or (b) of section 73.3555 of title 47, Code of 

25 Federal Regulations (or any successor regulation) to 


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1 the extent necessary to permit the established broad2 caster— 

3 (A) to hold a cognizable interest in any in4 cubated station under the qualifying incubation 

5 relationship; and 

6 (B) to hold a cognizable interest in— 

7 (i) if the established broadcaster had 

8 effective control of an AM or FM radio 

9 broadcast station (except for a low power 

10 radio station or a radio translator station) 

11 on the day before the date on which the es12 tablished broadcaster and the emerging 

13 broadcaster submitted the application for 

14 the Program under subsection (d), 1 radio 

15 broadcast station in excess of the number 

16 of radio broadcast stations in which the es17 tablished broadcaster is permitted to hold 

18 a cognizable interest under section 

19 73.3555(a) of such title in a radio market 

20 that is— 

21 (I) specified in paragraph (3)(A); 

22 and 

23 (II) selected by the established 

24 broadcaster; 


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1 (ii) if the established broadcaster had 

2 effective control of a television broadcast 

3 station (except for a low power television 

4 station or a television translator station) 

5 on the day before the date on which the es6 tablished broadcaster and the emerging 

7 broadcaster submitted the application for 

8 the Program under subsection (d), 1 tele9 vision broadcast station in excess of the 

10 number of television broadcast stations in 

11 which the established broadcaster is per12 mitted to hold a cognizable interest under 

13 section 73.3555(b) of such title in a DMA 

14 that is— 

15 (I) specified in paragraph (3)(A); 

16 and 

17 (II) selected by the established 

18 broadcaster; or 

19 (iii) if the established broadcaster had 

20 effective control of an AM or FM radio 

21 broadcast station (except for a low power 

22 radio station or a radio translator station) 

23 and a television broadcast station (except 

24 for a low power television station or a tele25 vision translator station) on the day before 


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1 the date on which the established broad2 caster and the emerging broadcaster sub3 mitted the application for the Program 

4 under subsection (d), either (at the option 

5 of the established broadcaster)— 

6 (I) 1 radio broadcast station in 

7 excess of the number of radio broad8 cast stations in which the established 

9 broadcaster is permitted to hold a 

10 cognizable interest under section 

11 73.3555(a) of such title in a radio 

12 market determined in the same man13 ner as under clause (i); or 

14 (II) 1 television broadcast station 

15 in excess of the number of television 

16 broadcast stations in which the estab17 lished broadcaster is permitted to hold 

18 a cognizable interest under section 

19 73.3555(b) of such title in a DMA de20 termined in the same manner as 

21 under clause (ii). 

22 (2) DETERMINATION OF COMMISSION DE23 SCRIBED.—The determination described in this 

24 paragraph is a determination that an established 

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1 tered into and are successfully carrying out a quali2 fying incubation relationship under the Program in 

3 accordance with an application approved by the 

4 Commission under subsection (d) and are in compli5 ance (with respect to such relationship) with the 

6 other requirements for the Program established by 

7 the Commission. 

8 (3) SPECIFICATION OF RADIO MARKETS AND

9 DMAS.— 

10 (A) IN GENERAL.—The radio markets or 

11 DMAs (as the case may be) specified in this 

12 subparagraph are— 

13 (i) if the highest-ranked radio market 

14 or DMA in which an incubated station 

15 under the qualifying incubation relation16 ship is located is ranked not lower than 25, 

17 all radio markets or DMAs; 

18 (ii) if the highest-ranked radio market 

19 or DMA in which an incubated station 

20 under the qualifying incubation relation21 ship is located is ranked lower than 25 but 

22 not lower than 75, the radio markets or 

23 DMAs ranked lower than 25; 

24 (iii) if the highest-ranked radio mar25 ket or DMA in which an incubated station 


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1 under the qualifying incubation relation2 ship is located is ranked lower than 75 but 

3 not lower than 100, the radio markets or 

4 DMAs ranked lower than 75; 

5 (iv) if the highest-ranked radio mar6 ket or DMA in which an incubated station 

7 under the qualifying incubation relation8 ship is located is ranked lower than 100 

9 but not lower than 150, the radio markets 

10 or DMAs ranked lower than 100; and 

11 (v) if the highest-ranked radio market 

12 or DMA in which an incubated station 

13 under the qualifying incubation relation14 ship is located is ranked lower than 150, 

15 the radio markets or DMAs ranked lower 

16 than 150. 

17 (B) MARKET RANKINGS.—For purposes of 

18 subparagraph (A)— 

19 (i) a DMA ranking refers to the 

20 rankings of DMAs based on the number of 

21 television households, as determined by 

22 Nielsen Media Research and published 

23 most recently before the granting of the 

24 waiver in the Nielsen Station Index Direc25 tory and Nielsen Station Index United 


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1 States Television Household Estimates (or 

2 any successor publication); and 

3 (ii) a radio market ranking refers to 

4 the rankings of radio markets based on 

5 population, as determined by Nielsen 

6 Media Research and published most re7 cently before the granting of the waiver in 

8 Radio Market Survey Population, 

9 Rankings & Information (or any successor 

10 publication). 

11 (4) TERMINATION OF WAIVER.—The Commis12 sion shall specify in the regulations promulgated 

13 under subsection (b) when a waiver granted under 

14 paragraph (1) shall terminate. 

15 (f) TERMINATION OF PARTICIPATION IN PROGRAM.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), if the Commission determines that an es18 tablished broadcaster and an emerging broadcaster 

19 are not successfully carrying out a qualifying incuba20 tion relationship in accordance with the application 

21 approved by the Commission under subsection (d) or 

22 are not in compliance (with respect to such relation23 ship) with the other requirements of the Program 

24 established by the Commission, the Commission 

25 shall terminate the qualifying incubation relationship 


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1 under the Program and the participation of the es2 tablished broadcaster and the emerging broadcaster 

3 in the Program with respect to such relationship. 

4 (2) EXCEPTION FOR TRANSFER OF INCUBATED

5 STATION.— 

6 (A) IN GENERAL.—The transfer by an 

7 emerging broadcaster of effective control of an 

8 incubated station to another person shall not 

9 terminate the qualifying incubation relationship 

10 under the Program, and such other person shall 

11 be substituted as a party to such relationship, 

12 if— 

13 (i) such other person meets the re14 quirements for an emerging broadcaster 

15 under the Program; 

16 (ii) such other person and the estab17 lished broadcaster continue, with respect to 

18 such station, to successfully carry out the 

19 qualifying incubation relationship in ac20 cordance with the application approved by 

21 the Commission under subsection (d) and 

22 to comply with the other requirements of 

23 the Program established by the Commis24 sion; and 


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1 (iii) in a case in which the original 

2 emerging broadcaster retains effective con3 trol of any incubated station under the 

4 qualifying incubation relationship, such 

5 emerging broadcaster and the established 

6 broadcaster continue, with respect to any 

7 such station, to successfully carry out the 

8 qualifying incubation relationship in ac9 cordance with the application approved by 

10 the Commission under subsection (d) and 

11 to comply with the other requirements of 

12 the Program established by the Commis13 sion. 

14 (B) TREATMENT AS SINGLE QUALIFYING

15 INCUBATION RELATIONSHIP.—If, after a trans16 fer described in subparagraph (A), the original 

17 emerging broadcaster retains effective control of 

18 any incubated station under the qualifying incu19 bation relationship, any such station and any 

20 station of which effective control has been so 

21 transferred shall be treated as being part of a 

22 single qualifying incubation relationship. 

23 (3) REVOCATION OF WAIVER PROHIBITED.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the Commission may not, as 


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1 a penalty for or consequence of the termination 

2 under paragraph (1) of a qualifying incubation 

3 relationship between an established broadcaster 

4 and an emerging broadcaster, revoke any waiver 

5 granted to the established broadcaster under 

6 subsection (e)(1) as a result of such relation7 ship. 

8 (B) EXCEPTION FOR WILLFUL AND KNOW9 ING VIOLATIONS.—If the Commission deter10 mines that the circumstances on which the ter11 mination under paragraph (1) of a qualifying 

12 incubation relationship between an established 

13 broadcaster and an emerging broadcaster is 

14 based involve a willful and knowing violation by 

15 the established broadcaster of this section or a 

16 regulation promulgated under this section, the 

17 Commission may revoke any waiver granted to 

18 the established broadcaster under subsection 

19 (e)(1) as a result of such relationship. 

20 (g) EXCLUSION FROM QUADRENNIAL REVIEW.—The 

21 Program, the regulations promulgated by the Commission 

22 under this section, and any waiver granted under sub23 section (e)(1) shall not be subject to review under section 

24 202(h) of the Telecommunications Act of 1996 or section 

25 11 of the Communications Act of 1934 (47 U.S.C. 161). 


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1 (h) IMPLEMENTATION AND ENFORCEMENT.—The 

2 Commission shall implement and enforce this section as 

3 if this section is a part of the Communications Act of 1934 

4 (47 U.S.C. 151 et seq.). A violation of this section, or a 

5 regulation promulgated under this section, shall be consid6 ered to be a violation of the Communications Act of 1934, 

7 or a regulation promulgated under such Act, respectively. 

8 (i) CONSIDERATION IN COMMUNICATIONS MARKET9 PLACE REPORT.—Section 13(d) of the Communications 

10 Act of 1934 (47 U.S.C. 163(d)) is amended by adding at 

11 the end the following: 

12 ‘‘(4) CONSIDERING EFFECTIVENESS OF BROAD13 CAST INCUBATOR PROGRAM.—In assessing the state 

14 of competition under subsection (b)(1) and regu15 latory barriers under subsection (b)(3), the Commis16 sion, with the input of the Office of Communications 

17 Business Opportunities of the Commission, shall 

18 consider the efficacy of the Broadcast Incubator 

19 Program established under section 2 of the Broad20 cast Diversity in Leadership Act in promoting com21 petition.’’. 

22 (j) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to limit the development by the 

24 Commission of additional programs or policies to promote 


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1 the entry of new and diverse voices in the broadcasting 

2 industry. 

3 (k) DEFINITIONS.—In this section: 

4 (1) BROADCAST STATION.—The term ‘‘broad5 cast station’’ has the meaning given such term in 

6 section 3 of the Communications Act of 1934 (47 

7 U.S.C. 153). 

8 (2) COGNIZABLE INTEREST.—The term ‘‘cog9 nizable interest’’ has the meaning given such term in 

10 note 1 to section 73.3555 of title 47, Code of Fed11 eral Regulations (as in effect on the date of the en12 actment of this Act). 

13 (3) COMMISSION.—The term ‘‘Commission’’ 

14 means the Federal Communications Commission. 

15 (4) DMA.—The term ‘‘DMA’’ means a Des16 ignated Market Area, as determined by Nielsen 

17 Media Research and published in the Nielsen Sta18 tion Index Directory and Nielsen Station Index 

19 United States Television Household Estimates (or 

20 any successor publication). 

21 (5) EMERGING BROADCASTER.—The term 

22 ‘‘emerging broadcaster’’ means a person who— 

23 (A) has effective control of a broadcast 

24 station (including any class or assignment of 

25 television broadcast station and any class of 


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1 AM or FM radio broadcast station) that such 

2 person would be unable to continue to operate 

3 successfully without a qualifying incubation re4 lationship under the Program; or 

5 (B) plans to acquire effective control of a 

6 broadcast station (including any class or assign7 ment of television broadcast station and any 

8 class of AM or FM radio broadcast station) 

9 that such person would be unable to acquire 

10 without a qualifying incubation relationship 

11 under the Program. 

12 (6) ESTABLISHED BROADCASTER.—The term 

13 ‘‘established broadcaster’’ means a person who— 

14 (A) has effective control of a broadcast 

15 station, including any class or assignment of 

16 television broadcast station (except for a low 

17 power television station or a television trans18 lator station) and any class of AM or FM radio 

19 broadcast station (except for a low power radio 

20 station or a radio translator station); and 

21 (B) is established in the broadcasting in22 dustry, as determined by the Commission. 

23 (7) INCUBATED STATION.—The term ‘‘incu24 bated station’’ means a broadcast station— 


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1 (A) of which an emerging broadcaster has 

2 (or plans to acquire) effective control; and 

3 (B) with respect to which an established 

4 broadcaster performs (or will perform) incuba5 tion activities as part of a qualifying incubation 

6 relationship under the Program. 

7 (8) LOW POWER TELEVISION STATION.—The 

8 term ‘‘low power television station’’ does not include 

9 a low power television station that has been accorded 

10 primary status as a Class A television licensee under 

11 section 73.6001(a) of title 47, Code of Federal Reg12 ulations. 

13 (9) PROGRAM.—The term ‘‘Program’’ means 

14 the Broadcast Incubator Program established by the 

15 regulations promulgated under subsection (b). 

16 (10) RADIO MARKET.—The term ‘‘radio mar17 ket’’ means a radio market, as determined by 

18 Nielsen Media Research and published in Radio 

19 Market Survey Population, Rankings & Information 

20 (or any successor publication). 

Æ 


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