I

105TH CONGRESS

1ST SESSION H. R. 84

To amend the Communications Act of 1934 to require radio and television

broadcasters to provide free broadcasting time for political advertising.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

Ms. SLAUGHTER introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the Communications Act of 1934 to require radio

and television broadcasters to provide free broadcasting

time for political advertising.

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 ‘‘Fairness in Political

5 Advertising Act of 1997’’.

6 SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE

7 BROADCAST TIME FOR POLITICAL ADVERTIS8 ING.

9 (a) CONDITION OF LICENSE RENEWAL.—Section

10 309(h) of the Communications Act of 1934 (47 U.S.C.
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1 309(h)) is amended by inserting before the period at the

2 end thereof the following: ‘‘; and (4) every television

3 broadcast station license issued under this Act shall be

4 subject to the free broadcast time obligations imposed by

5 section 315(c)’’.

6 (b) FREE TIME OBLIGATIONS.—Section 315 of the

7 Communications Act of 1934 (47 U.S.C. 315) is amend8 ed—

9 (1) by redesignating subsections (c) and (d) as

10 subsections (d) and (e), respectively; and

11 (2) by inserting after subsection (b) the follow12 ing new subsection:

13 ‘‘(c)(1) Each licensee for a television broadcasting

14 station shall annually make available free broadcast time

15 for political advertising in accordance with the require16 ments of this subsection. The Commission shall not renew

17 the license of any licensee who substantially fails or re18 fuses to comply with the requirements of this subsection,

19 but such licensee shall not be subject to any other sanction

20 or remedy for such failure or refusal.

21 ‘‘(2) A licensee subject to this subsection shall allot

22 free broadcast time to each qualified political candidate

23 in accordance with the following standards:

24 ‘‘(A) Such licensee shall allot an equal amount,

25 but not less than 2 hours, of free broadcast time
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1 each even-numbered year to each qualified political

2 candidate in a statewide or national election. In the

3 case of a television station whose market does not

4 encompass all of a congressional district, such li5 censee may apportion to each qualified candidate

6 from such district a fraction of such 2 hours that is

7 equal to the fraction of such district’s population

8 that resides within such market, as determined in

9 accordance with regulations prescribed by the Com10 mission.

11 ‘‘(B) The free broadcast time allotted to any

12 candidate under subparagraph (A) shall be com13 posed of units of varying lengths of not more than

14 5 minutes nor less than 10 seconds, as determined

15 by negotiation between such organization and the li16 censee.

17 ‘‘(C) The broadcast time allotted by any li18 censee shall be allotted so that—

19 ‘‘(i) at least one-half is broadcast during

20 the hours of 7:00 p.m. to 10:00 p.m.;

21 ‘‘(ii) during any election year, at least two22 thirds is broadcast during the 2 months imme23 diately preceding election day and at least one24 half is broadcast during the 3 weeks imme25 diately preceding election day;
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1 ‘‘(iii) each qualified candidate is allotted

2 free broadcast time that is comparable, by time

3 of day and day of week, to the time allotted to

4 other qualified candidates for the same office;

5 and

6 ‘‘(iv) no broadcaster shall allot more than

41 7 ⁄2 hours per week of free broadcast time for

8 political advertising and, if the amount of time

9 required to or allotted by this paragraph would

exceed 41 10 ⁄2 hours, the time required to be allot11 ted each qualified candidate shall be reduced

12 proportionately.

13 ‘‘(D) The broadcast time shall be used solely

14 for programming consisting of unedited segments in

15 which the candidate speaks directly to the camera.

16 ‘‘(3) A candidate shall be treated as a qualified politi17 cal candidate for purposes of paragraph (2)(A) if the can18 didate’s party, in the most recent statewide or national

19 election, received more than 2 percent of the total number

20 of votes.

21 ‘‘(4) A licensee allots free broadcast time as required

22 by this subsection by broadcasting statements without re23 muneration or compensation in any form, whether by pub24 lic or private funds, tax deduction or credit, or otherwise.
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1 ‘‘(5) Nothing in this subsection, and no use of free

2 broadcast time allotted under this subsection, shall be con3 strued to restrict or otherwise affect the purchase of ad4 vertising time under subsection (b) of this section.’’.

5 SEC. 3. CABLE BROADCASTING OF POLITICAL ADVERTIS6 ING.

7 Section 611 of the Communications Act of 1934 (47

8 U.S.C. 531) is amended—

9 (1) by redesignating subsection (f) as sub10 section (g); and

11 (2) by inserting after subsection (e) the follow12 ing new subsection:

13 ‘‘(f) A cable operator shall annually make available

14 free cable time for political advertising in accordance with

15 the requirements of regulations prescribed by the Commis16 sion. Such regulations shall, to the extent practicable, re17 quire each such cable operator to provide such free cable

18 time in the same amounts and manner, to the same eligi19 ble political candidates, and subject to the same conditions

20 as free broadcast time is required to be provided by tele21 vision broadcast station licensees under section 315(c) of

22 the Act. No franchise authority shall renew the franchise
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1 of any cable operator that fails to comply with such regu2 lations, but such operator shall not be subject to any other

3 sanction or remedy for such failure or refusal.’’.

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