I
106TH CONGRESS
1ST SESSION
H. R. 3203
To amend the Communications Act of 1934 to reduce restrictions on media
ownership, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 2, 1999
Mr. STEARNS (for himself, Mr. OXLEY, Mr. FROST, Mr. SESSIONS, Mr.
FOLEY, Mr. DOYLE, and Mr. MASCARA) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To amend the Communications Act of 1934 to reduce
restrictions on media ownership, and for other purposes.
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 ‘‘Broadcast Ownership
for the 21st Century Act’’.
SEC. 2. CROSS-OWNERSHIP LIMITATIONS.
(a) RULE CHANGES REQUIRED.—The Federal Com-
munications Commission shall modify section 73.3555 of
its regulations (47 C.F.R. 73.3555) by eliminating any
provisions limiting the granting or renewal of an AM, FM,
or TV broadcast station license to any party (including
parties under common control) on the basis of the owner-
ship, operation, or control by such party of a daily news-
paper.
(b) CABLE CROSS-OWNERSHIP LIMITATIONS.—Sec-
tion 613(c) of the Communications Act of 1934 (47
U.S.C. 533(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding paragraph (1), the Commission
may not prohibit or limit a person or entity from holding
any form of ownership or other interest in a broadcasting
station and a cable system serving the same community.’’.
(c) DUAL-NETWORK RULES.—The Federal Commu-
nications Commission shall revise section 73.658(g) of its
regulations (47 C.F.R. 73.658(g)) to permit a television
broadcast station to affiliate with—
(1) a person or entity that maintains two or
more networks of television broadcast stations unless
such dual or multiple networks are composed of two
or more persons or entities that, on February 8,
1996, offered an interconnected program service on
a regular basis for 15 hours or more per week to at
least 25 affiliated television licensees in 10 or more
States; or
(2) any person or entity controlling, controlled
by, or under common control with such a person or
entity described in paragraph (1).
(d) DEADLINE FOR ACTIONS.—The Federal Commu-
nications Commission shall complete all actions necessary
to complete the modifications required by this section
within 90 days after the date of enactment of this Act.
SEC. 3. TELEVISION MULTIPLE OWNERSHIP.
Section 310 of the Communications Act of 1934 (47
U.S.C. 310) is amended by adding at the end the following
new subsection:
‘‘(f) NATIONAL AUDIENCE REACH CALCULATION.—
In calculating the national audience reach limitations for
television stations under the Commission’s regulations,
UHF television stations shall be attributed with no more
than 50 percent of the television households in their mar-
ket.’’.
SEC. 4. LIMITATION ON FEDERAL COMMUNICATIONS COM-
MISSION AUTHORITY.
(a) AMENDMENT.—Section 202(c)(1)(B) of the Tele-
communications Act of 1996 is amended by striking ‘‘35
percent’’ and inserting ‘‘45 percent’’.
(b) DEADLINE FOR IMPLEMENTATION.—The Federal
Communications Commission shall amend its regulations
to implement the amendment made by subsection (a) with-
in 90 days after the date of enactment of this Act. In
amending such regulations, the Commission shall not re-
vise section 73.3555(e)(2)(i) of its regulations (47 C.F.R.
73.3555(e)(2)(i)).
SEC. 5. RECIPROCAL TREATMENT OF FOREIGN OWNERSHIP
RESTRICTIONS.
Subsection (b) of section 310 of the Communications
Act of 1934 (47 U.S.C. 310(b)) is amended to read as
follows:
‘‘(b) FOREIGN OWNERSHIP LIMITATIONS.—
‘‘(1) IN GENERAL.—No broadcast or common
carrier or aeronautical en route or aeronautical fixed
radio station license shall be granted to or held by—
‘‘(A) any alien or the representative of any
alien;
‘‘(B) any corporation organized under the
laws of any foreign country;
‘‘(C) any corporation of which more than
one-fifth of any class of the capital stock is
owned of record or voted by aliens or their rep-
resentatives or by a foreign government or rep-
resentative thereof or by any corporation orga-
nized under the laws of a foreign country;
‘‘(D) any corporation directly or indirectly
controlled by any other corporation of which
more than one-fourth of any class of the capital
stock is owned of record or voted by aliens,
their representatives, or by a foreign govern-
ment or representative thereof, or by any cor-
poration organized under the laws of a foreign
country, if the Commission finds that the public
interest will be served by the refusal or revoca-
tion of such license.
‘‘(2) RECIPROCAL TREATMENT FOR BROADCAST
STATIONS.—In the case of a broadcast station li-
cense, if the foreign country or foreign government
referred to in subparagraph (C) or (D) of paragraph
of (1) regularly permits broadcast station licenses to
be granted to or held by—
‘‘(A) any corporation of which more than
one-fifth of the capital stock is owned of record
or voted by one or more United States persons;
‘‘(B) any corporation directly or indirectly
controlled by any other corporation of which
more than one-fourth of the capital stock is
owned of record or voted by one or more United
States persons;
then the Commission shall apply such subparagraphs
(C) and (D) by permitting an alien, corporation,
government, or representative from such foreign
country to own a portion of the class of the capital
stock of the corporation seeking or holding the
broadcast station license equal to the portion of the
corresponding class of the capital stock of a corpora-
tion holding a broadcast station license in such for-
eign country that are permitted by such foreign
country or foreign government to be held by an indi-
vidual citizen, corporation, government, or represent-
ative from the United States, except that the Com-
mission shall not be required by this paragraph to
permit a portion of such capital stock ownership rep-
resenting voting stock higher than 40 percent.
‘‘(3) DEFINITION
OF
UNITED
STATES
PER-
SONS.—For purposes of paragraph (2), the term
‘United States person’ means—
‘‘(A) any corporation organized under the
laws of a State;
‘‘(B) an individual who is a citizen of the
United States;
‘‘(C) a government of the United States or
any State; or
‘‘(D) a representative of any of the individ-
uals or entities described in subparagraphs (A)
through (C) of this paragraph.’’.
Æ