I
103D CONGRESS
1ST SESSION
H. R. 449
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 6, 1993
Mr. BLILEY introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to require radio
and television broadcasters to provide free broadcasting
time for political advertising.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Political Broadcasting
Access Act of 1993’’.
SEC. 2. ALLOCATION TO POLITICAL PARTIES OF FREE
BROADCAST TIME FOR POLITICAL ADVERTIS-
ING.
(a) CONDITION
OF LICENSE RENEWAL.—Section
309(h) of the Communications Act of 1934 (47 U.S.C.
309(h)) is amended by inserting before the period at the
end thereof the following: ‘‘; and (4) every broadcast sta-
tion license issued under this Act shall be subject to the
free broadcast time obligations imposed by section
315(c)’’.
(b) FREE-TIME OBLIGATIONS.—Section 315 of the
Communications Act of 1934 (47 U.S.C. 315) is amend-
ed—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c)(1) Each license for a broadcasting station shall
annually make available free broadcast time for political
advertising in accordance with the requirements of this
subsection. The Commission shall not renew the license
of any licensee who substantially fails or refuses to comply
with the requirements of this subsection, but such licensee
shall not be subject to any other sanction or remedy for
such failure or refusal.
‘‘(2) A licensee subject to this subsection shall allot
free broadcast time to each qualified political party in ac-
cordance with the following standards:
‘‘(A) Such licensee shall allot an equal amount,
but not less than 2 hours, of free broadcast time an-
nually to—
‘‘(i) the national organization of each
qualified political party; and
‘‘(ii) the State organization of each quali-
fied political party of the State within which the
preponderance of the station’s audience resides.
‘‘(B) The 2 or more hours of free broadcast
time allotted to any organization under subpara-
graph (A) shall be composed of units of varying
lengths of not more than 5 minutes nor less than 10
seconds, as determined by negotiation between such
organization and the licensee.
‘‘(C) The broadcast time allotted by any li-
censee shall be allotted so that—
‘‘(i) at least one-half is broadcast during
the hours of 7 to 10 p.m. on weekdays;
‘‘(ii) during any even numbered year, at
least two-thirds is broadcast during the two
months immediately preceding election day and
at least one-half is broadcast during the three
weeks immediately preceding election day;
‘‘(iii) each national organization of a quali-
fied political party is allotted free broadcast
time that is comparable, by time of day and day
of week, to the time allotted to other such na-
tional organizations, and each State organiza-
tion of a qualified political party is allotted free
broadcast time that is comparable, by time of
day and day of week, to the time allotted to
other such State organizations.
‘‘(3) A political party shall be treated as a qualified
political party for purposes of paragraph (2)(A) if the can-
didate for President of such party in the most recent presi-
dential election received more than 5 percent of the total
number of votes cast by individuals for that office, except
that, in the case of any political party whose candidate
(as described in subparagraph (A) or (B)) received less
than 331⁄3 percent of such total votes, the amount of free
broadcast time required to be allotted under clause (i) or
(ii) of paragraph (2)(A) shall be reduced by 0.4 hours for
each percent of such vote received that is less than 331⁄3
percent.
‘‘(4) A licensee allots free broadcast time as required
by this subsection by broadcasting the statements, presen-
tations, announcements, or other sounds or visual images
requested to be broadcast by a political organization with-
out remuneration or compensation in any form, whether
by public or private funds, tax deduction or credit, or oth-
erwise.
‘‘(5) Nothing in this subsection, and no use of free
broadcast time allotted under this subsection, shall be con-
strued to restrict or otherwise affect the purchase of ad-
vertising time under subsection (b) of this section.’’.
SEC. 3. FREE CABLE TIME.
Section 611 of the Communications Act of 1934 (47
U.S.C. 531) is amended—
(1) by redesignating subsection (f) as sub-
section (g); and
(2) by inserting after subsection (e) the follow-
ing new subsection:
‘‘(f) A cable operator shall annually make available
free cable time for political advertising in accordance with
the requirements of regulations prescribed by the Commis-
sion. Such regulations shall, to the extent practicable, re-
quire each such cable operator to provide such free cable
time in the same amounts and manner, to the same eligi-
ble political organizations, and subject to the same condi-
tions as free broadcast time is required to be provided by
broadcast station licensees under section 315(c) of this
Act. No franchise authority shall renew the franchise of
any cable operator that fails
to comply with such regula-
tions, but such operator shall not be subject to any other
sanction or remedy for such failure or refusal.’’.
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