I 
112TH CONGRESS 
1ST SESSION 
H. R. 137 
To amend the Communications Act of 1934 to require radio and television 
broadcasters to provide free broadcasting time for political advertising, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 5, 2011 
Ms. KAPTUR 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, 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 ‘‘Fairness in Political 
Advertising Act of 2011’’. 
VerDate Mar 15 2010 
21:58 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H137.IH
H137
srobinson on DSKHWCL6B1PROD with BILLS
SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE 
BROADCAST TIME FOR POLITICAL ADVER-
TISING. 
(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 television 
broadcast station 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) through (e) 
as subsections (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c)(1) Each licensee for a television broadcasting 
station shall annually make available free broadcast time 
for political advertising in accordance with the require-
ments of this subsection. The Commission shall not renew 
the license of any licensee who substantially fails or re-
fuses 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. 
VerDate Mar 15 2010 
21:58 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H137.IH
H137
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(2) A licensee subject to this subsection shall allot 
free broadcast time to each qualified political candidate 
in accordance with the following standards: 
‘‘(A) Such licensee shall allot an equal amount, 
but not less than 2 hours, of free broadcast time 
each even-numbered year to each qualified political 
candidate in a statewide or national election. In the 
case of a television station whose market does not 
encompass all of a congressional district, such li-
censee may apportion to each qualified candidate 
from such district a fraction of such 2 hours that is 
equal to the fraction of such district’s population 
that resides within such market, as determined in 
accordance with regulations prescribed by the Com-
mission. 
‘‘(B) The free broadcast time allotted to any 
candidate under subparagraph (A) shall be com-
posed 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 li-
censee. 
‘‘(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 7:00 p.m. to 10:00 p.m.; 
VerDate Mar 15 2010 
21:58 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H137.IH
H137
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(4) A licensee allots free broadcast time as required 
by this subsection by broadcasting statements without re-
muneration or compensation in any form, whether by pub-
lic or private funds, tax deduction or credit, or otherwise. 
‘‘(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. CABLE BROADCASTING OF POLITICAL ADVER-
TISING. 
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 fol-
lowing 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 candidates, and subject to the same conditions 
as free broadcast time is required to be provided by tele-
vision broadcast station licensees under section 315(c) of 
VerDate Mar 15 2010 
21:58 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H137.IH
H137
srobinson on DSKHWCL6B1PROD with BILLS
the Act. No franchise authority shall renew the franchise 
of any cable operator that fails to comply with such regu-
lations, but such operator shall not be subject to any other 
sanction or remedy for such failure or refusal.’’. 
Æ 
VerDate Mar 15 2010 
21:58 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H137.IH
H137
srobinson on DSKHWCL6B1PROD with BILLS