I 

109TH CONGRESS 

1ST SESSION H. R. 2359 

To establish minimum public interest requirements for multi-cast digital 

television channels. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2005 

Ms. WATSON (for herself, Mr. HINCHEY, Mr. SANDERS, and Ms. SLAUGHTER) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To establish minimum public interest requirements for multicast digital television channels. 

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 ‘‘Digital Television Ac5 countability and Governance Enhancement Act of 2005’’ 

6 or the ‘‘DTV–AGE Act’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 

9 (1) The broadcast airwaves are an extremely 

10 valuable public resource. If television broadcast li-
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1 censees had to pay for their access to spectrum, it 

2 could generate in excess of $750 billion for the pub3 lic treasury. Research by the Federal Communica4 tions Commission (FCC) has found that the typical 

5 profit margin for a local broadcast station is around 

6 40 percent—four to five times higher than the typ7 ical Fortune 500 company. 

8 (2) The Communications Act of 1934 requires 

9 the FCC and broadcast licensees to promote the 

10 public interest. As public trustees, over-the-air tele11 vision broadcast licensees have been granted the 

12 unique privilege of using a scarce public asset—the 

13 airwaves—for free in exchange for their promise to 

14 serve the public interest, convenience and necessity. 

15 (3) In 1969, the Supreme Court declared that 

16 ‘‘it is the purpose of the First Amendment to pre17 serve an uninhibited marketplace of ideas in which 

18 truth will ultimately prevail, rather than to coun19 tenance monopolization of the market,’’ and thus, it 

20 is ‘‘the right of the viewers and listeners, not the 

21 right of the broadcasters, which is paramount’’. 

22 (4) Over the past two decades, deregulation in 

23 the telecommunications sector has led to rapid con24 solidation of media ownership. Five companies now 

25 own the broadcast networks, control 90 percent of 
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1 the top 50 cable networks, produce three-quarter of 

2 all prime time programming, and control 70 percent 

3 of the prime time television market share. 

4 (5) The drastic media consolidation has greatly 

5 diminished the television broadcast licensee’s per6 formance of public interest obligation and its ability 

7 to foster diversity, competition, and localism in the 

8 media market. 

9 (6) An October 2003 analysis of seven media 

10 markets shows that just 0.4 percent of television 

11 programming is devoted to local public affairs. By 

12 contrast, 14.4 percent is paid programming such as 

13 infomercials, 9.9 percent is reality or game shows 

14 and 7.9 percent is sporting events. In addition, most 

15 of the local public affairs programming airs on week16 end mornings, at times with lower television 

17 viewership. 

18 (7) The percentage of independently produced 

19 pilots and new series on the four national broadcast 

20 networks has declined from 87.5 percent in 1990 to 

21 22.5 percent in 2002. 

22 (8) A survey of evening news broadcasts of 44 

23 local affiliates of broadcasters in 11 markets prior to 

24 the 2004 election showed that only eight percent of 

25 such broadcasts contained a story about a local can-
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1 didate race. In contrast, eight times more coverage 

2 went to stories about accidental injuries, and 12 

3 times more coverage to sports and weather. Nineteen 

4 percent of the stories focused on voting issues such 

5 as the location of polling stations, absentee ballot in6 formation and reports on early voting efforts. Just 

7 under five percent of the stories focused on local and 

8 statewide ballot initiatives. 

9 (9) A study of the 2000 election found that 60 

10 percent of debates among gubernatorial, senatorial 

11 and congressional candidates were not televised. An12 other 19 percent appeared only on public or inde13 pendent stations. 

14 (10) Local television broadcasters claim to have 

15 contributed $9.6 billion worth of community service 

16 in 2003. However, $5.6 billion of that came from 

17 public service announcements, and an additional 

18 $2.3 billion came from fundraisers for charitable 

19 causes. Among the public service announcements, 

20 roughly one-quarter featured the stars of the net21 works’ own prime time shows, thereby advancing the 

22 networks’ own commercial interests. 

23 (11) Since the mid-1980s, Congress and the 

24 FCC have played major roles in the development of 

25 digital television, which provides sharper pictures, a 
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1 wider screen, CD-quality sound, better color ren2 dition and simultaneous transmission of multiple 

3 video programming in standard definition television 

4 (SDTV) or a single program of high definition tele5 vision (HDTV). It allows the same kind of digitally6 based services offered by cable and satellite tele7 vision providers and provides a more efficient use of 

8 the radio-frequency spectrum than traditional analog 

9 television, thereby conserving bandwidth. 

10 (12) In 1997, the FCC decided to grant exist11 ing, full-power television stations additional spec12 trum to facilitate the transition from analog to dig13 ital television. The Balanced Budget Act of 1997 set 

14 the deadline for such transition by stating that ‘‘a 

15 broadcast license that authorizes analog television 

16 service may not be renewed to authorize such service 

17 for a period that extends beyond December 31, 

18 2006’’. 

19 (13) In 2004, Congress passed the Intelligence 

20 Reform and Terrorism Prevention Act of 2004, 

21 which included the sense of Congress that ‘‘Congress 

22 must act to pass legislation in the first session of the 

23 109th Congress that establishes a comprehensive ap24 proach to the timely return of analog broadcast 

25 spectrum as early as December 31, 2006’’ and that 
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1 any delay will ‘‘delay the ability of public safety enti2 ties to begin planning to use this needed spectrum’’. 

3 (14) As of March 10, 2005, there were 1,373 

4 commercial and public stations broadcasting digital 

5 signals in 211 markets, representing about 86 per6 cent of the nation’s approximately 1,600 television 

7 stations. The 211 markets currently receiving digital 

8 television transmissions cover over 99 percent of 

9 U.S. television households. 

10 (15) In 1997, President Clinton established an 

11 Advisory Committee on Public Interest Obligations 

12 of DTV Broadcasters, to make recommendations on 

13 how DTV licensees should serve the public interest 

14 in exchange for free access to digital spectrum. The 

15 Committee submitted a set of ten recommendations 

16 to the FCC, Congress and the Administration and 

17 the broadcast industry in 1998. 

18 (16) On December 15, 1999, the FCC opened 

19 a Notice of Inquiry proceeding to solicit public com20 ment on public interest obligations of TV broad21 casters as they transition to DTV (MM Docket No. 

22 99–360). In September 2000, the FCC issued the 

23 DTV Public Interest Form Notice of Proposed Rule24 making (NPRM) which sought to require television 

25 broadcasters (both digital and analog) to disclose on 
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1 a quarterly standardized form how they are serving 

2 the public interest (MM Docket No. 00–168). 

3 (17) After more than four years, the FCC has 

4 not taken final action in those proceedings. 

5 (18) On September 9, 2004, the FCC adopted 

6 a Report and Order addressing children’s program7 ming obligations for digital television broadcasters. 

8 The FCC required amount of core educational pro9 gramming proportionally to the amount of increased 

10 free video programming offered by the broadcaster 

11 on digital multicast channels. The Order also con12 cluded that commercial limits apply to all digital 

13 programming directed at children 12 years and 

14 under, whether the programming is provided on a 

15 free or pay multicast channel. 

16 (19) Congress is currently considering legisla17 tive efforts to address the December 31, 2006 dead18 line for reclaiming the analog spectrum. 

19 (20) The transition to digital television offers a 

20 profound opportunity to improve television broad21 casters’ service to the public by enhancing the diver22 sity of viewpoints, promoting civic participation, ex23 panding local and community programming, and in24 creasing children’s programming. 
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1 SEC. 3. TERM OF LICENSE. 

2 (a) AMENDMENT.—Section 307(c)(1) of the Commu3 nications Act of 1934 (47 U.S.C. 307(c)(1)) is amended 

4 by striking ‘‘8 years’’ each place it appears and inserting 

5 ‘‘3 years’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall be effective with respect to any license 

8 granted by the Federal Communications Commission after 

9 the date of enactment of this Act. 

10 SEC. 4. IMPLEMENTATION OF PUBLIC INTEREST STAND11 ARDS. 

12 Subsection (d) of section 336 of the Communications 

13 Act of 1934 (47 U.S.C. 309) is amended to read as fol14 lows: 

15 ‘‘(d) IMPLEMENTATION OF PUBLIC INTEREST

16 STANDARD.— 

17 ‘‘(1) REQUIREMENTS NECESSARY TO LICENSE

18 RENEWAL.—Nothing in this section shall be con19 strued as relieving a television broadcasting station 

20 from its obligation to serve the public interest, con21 venience, and necessity. In the Commission’s review 

22 of any application for renewal of a broadcast license 

23 for a television station that provides ancillary or 

24 supplementary services, the television licensee shall 

25 establish that all of its program services on the ex26 isting or advanced television spectrum are in the 
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1 public interest. Any violation of the Commission 

2 rules applicable to ancillary or supplementary serv3 ices shall reflect upon the licensee’s qualifications for 

4 renewal of its license. Any station licensee that uses 

5 advanced television spectrum to broadcast multiple 

6 channels of programming in the digital television 

7 service shall establish that the program services on 

8 such spectrum are in the public interest by dem9 onstrating compliance with the requirements of 

10 paragraphs (2) and (3). 

11 ‘‘(2) PROGRAMMING OBLIGATIONS OF MULTI12 CASTING STATIONS.—Each broadcast television sta13 tion licensee providing multiple channels of program14 ming in the digital television service shall, in accord15 ance with regulations prescribed by the Commission 

16 under this subsection, provide the following: 

17 ‘‘(A) PUBLIC AFFAIRS REQUIREMENT.—An 

18 amount of qualifying local civic affairs pro19 gramming or qualifying local electoral affairs 

20 programming on its primary channel equal to a 

21 total of at least 3 hours per week, and, on the 

22 remainder of the multi-cast digital channels, a 

23 total of at least 3 hours per week of such pro24 gramming multiplied by the number of such re25 mainder channels, except that the licensee shall 
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1 have the discretion to determine how to allocate 

2 such amount of programming among such re3 mainder non-primary channels. 

4 ‘‘(B) INDEPENDENT OR LOCALLY PRO5 DUCED PROGRAMMING.—An amount of pro6 gramming on its primary channel that is inde7 pendently produced or locally produced pro8 gramming equal to not less than 25 percent of 

9 the programming aired during primetime hours 

10 on the primary channel. 

11 ‘‘(C) CHILDREN’S EDUCATIONAL PRO12 GRAMMING.—A minimum of 3 hours per week 

13 of children’s educational programming on each 

14 of the primary and remaining multi-cast digital 

15 channels, in accordance with section 102(a) of 

16 the Children’s Television Act of 1990, except 

17 that the licensee shall have the discretion to de18 termine how to allocate such amount of pro19 gramming among the remaining multi-cast dig20 ital channels. 

21 ‘‘(D) PUBLIC HEARINGS.—At least 2 pub22 lic hearings per year to ascertain the needs and 

23 interest of the communities they serve, one of 

24 such hearings taking place at least 2 months 
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1 prior to the date of application for license 

2 issuance or renewal. 

3 ‘‘(E) FCC REPORTS.—A report quarterly 

4 to the Commission on how the ascertainment of 

5 such needs and interests has led to public inter6 est programming in accordance with this sub7 section, and describing the number of hours 

8 and the programs or program segments devoted 

9 to local civic affairs programming, independent 

10 or locally produced programming, and chil11 dren’s educational programming (as required by 

12 subparagraphs (A), (B), and (C)). The report 

13 shall be made available to the public and the 

14 Commission no later than 30 days after the end 

15 of the quarter, by placing a copy in the sta16 tion’s public file, posting a copy in the station’s 

17 website (if it has one), with a prominent and 

18 clearly identified link on the home page of the 

19 website, and filling it with the Commission. 

20 ‘‘(3) DEFINITIONS.—As used in this subsection: 

21 ‘‘(A) PRIMARY CHANNEL.—The term ‘pri22 mary channel’ means the over-the-air channel 

23 that the station licensee designates or deter24 mines as the primary video signal of that sta25 tion for purposes of section 614 (must-carry). 
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1 ‘‘(B) QUALIFYING LOCAL CIVIC AFFAIRS

2 PROGRAMMING.—The term ‘qualifying local 

3 civic affairs programming’ means local civic 

4 programming that is designed to provide the 

5 public with information about local issues. 

6 Local civic programming includes broadcasts of 

7 interviews with, or statements by, elected or ap8 pointed officials and relevant policy experts on 

9 issues of importance to the community, govern10 ment meetings, legislative sessions, conferences 

11 featuring elected officials, and substantive dis12 cussions of civic issues of interest to local com13 munities or groups. 

14 ‘‘(C) QUALIFYING LOCAL ELECTORAL AF15 FAIRS PROGRAMMING.—The term ‘qualifying 

16 local electoral affairs programming’ means pro17 gramming that consists of candidate-centered 

18 discourse focusing on the local, State, and Fed19 eral races for public offices to be elected by a 

20 constituency within the licensee’s broadcast 

21 area. Local electoral affairs programming in22 cludes broadcasts of candidate debates, inter23 views, or statements, as well as substantive dis24 cussions of ballot measures that will be put be25 fore the voters in a forthcoming election. Pro-
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1 gramming that focuses on the ‘horserace’ as2 pects of an election does not qualify as local 

3 electoral affairs programming. Programming 

4 that is primarily concerned with the political 

5 strength or viability of a candidate or ballot 

6 issue; that focuses on a candidate or ballot 

7 issue’s status in relation to polling data, en8 dorsements or fundraising totals; or discusses 

9 an election in terms of who is winning or losing 

10 is considered to be focused on such ‘horserace’ 

11 aspects. 

12 ‘‘(D) EXCLUSIONS FROM DEFINITIONS.— 

13 Public service announcements and paid political 

14 advertisements shall not be treated as quali15 fying local civic affairs programming or quali16 fying local electoral affairs programming. 

17 ‘‘(E) ADDITIONAL QUALIFICATION RE18 QUIREMENTS.—Local civic and electoral affairs 

19 programming must meet the following qualifica20 tion requirements in order to be counted to21 wards the 3 hour minimums under paragraph 

22 (2)(A): 

23 ‘‘(i) The programming must be aired 

24 between 7:00 a.m. and 11:35 p.m., with at 

25 least 50 percent of that programming 
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1 being aired between 5:00 p.m. and 11:35 

2 p.m., Monday through Friday, and between 

3 7:00 a.m. and 12:00 p.m., Saturday and 

4 Sunday mornings. 

5 ‘‘(ii) At least 75 percent of the re6 quired minimum must be ‘first-run pro7 gramming’ by the licensee. For purposes of 

8 this clause, ‘first-run programming’ means 

9 a program which has never before been 

10 distributed by a broadcast licensee and 

11 which will be distributed for the first time 

12 by the licensee. 

13 ‘‘(iii) A licensee holding multiple li14 censes within the same area (as defined by 

15 the Commission’s rules permitting multiple 

16 ownership) may not fulfill its requirements 

17 by duplicating original ‘first run’ program18 ming on its stations. 

19 ‘‘(iv) Programming that is aired dur20 ing regularly scheduled newscasts on the 

21 primary channel that otherwise meets the 

22 definition of qualifying local civic affairs 

23 programming or qualifying local electoral 

24 affairs programming may be counted to-
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1 wards the licensee’s weekly minimum, up 

2 to 30 minutes per week. 

3 ‘‘(F) INDEPENDENTLY PRODUCED OR LO4 CALLY PRODUCED PROGRAMMING.— 

5 ‘‘(i) The term ‘independently produced 

6 or locally produced programming’ means 

7 programming produced by an entity not 

8 owned or controlled by an owner of a na9 tional television network. 

10 ‘‘(ii) If an owner of a national tele11 vision network owns or controls more than 

12 a one-third financial interest in the pro13 gram, acts as the distributor of such pro14 gram in syndication, or owns the copyright 

15 in such program, the owner of a national 

16 television network shall be considered to be 

17 the producer of that program for the pur18 poses of this section. A program cross-li19 censed by one network entity to another 

20 network entity shall not be considered 

21 independent or locally produced program22 ming. 

23 ‘‘(iii) Programming that meets the 

24 definition of qualifying local civic or elec25 toral affairs programming shall not be in-
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1 cluded as independently produced or locally 

2 produced programming under this sub3 paragraph.’’. 

4 SEC. 5. COMMISSION ACTION REQUIRED. 

5 The FCC shall, consistent with the amendment made 

6 by section 4, within 9 months after the date of enactment 

7 of this Act— 

8 (1) issue a final decision in the Matter of Pub9 lic Interest Obligations of TV Broadcast Licensees, 

10 MM Docket No. 99–360; 

11 (2) issue a final decision in the Matter of 

12 Standardized and Enhanced Disclosure Require13 ments for Television Broadcast Licensee Public In14 terest Obligations, MM Docket No. 00–168; and 

15 (3) complete a rulemaking proceeding to deter16 mine how the broadcast licensees may utilize dis17 tribution and promotion mechanisms, such as per18 sonal video recorders, video-on-demand, and elec19 tronic program guides, to make available and pro20 mote local civic and electoral affairs programming. 

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