I
106TH CONGRESS
1ST SESSION
H. R. 1948
To amend the Communications Act of 1934 to prohibit the discrimination,
in the purchase or placement of advertisements for wire or cable commu-
nications, against minority owed or formatted communications entities,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 26, 1999
Mr. RUSH (for himself, Mr. HILLIARD, and Mr. TOWNS) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend the Communications Act of 1934 to prohibit the
discrimination, in the purchase or placement of advertise-
ments for wire or cable communications, against minority
owed or formatted communications entities, 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 ‘‘Broadcasters Fairness
in Advertising Act of 1999’’.
SEC. 2. PROHIBITION AGAINST DISCRIMINATION AGAINST
MINORITY OWNED OR FORMATTED COMMU-
NICATIONS 
ENTITIES 
IN 
PURCHASE 
OR
PLACEMENT OF ADVERTISEMENTS FOR WIRE
OR RADIO COMMUNICATIONS.
Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by inserting after section
701 the following new section:
‘‘SEC. 
702. 
PROHIBITION 
AGAINST 
DISCRIMINATION
AGAINST MINORITY OWNED OR FORMATTED
COMMUNICATIONS ENTITIES IN PURCHASE
OR PLACEMENT OF ADVERTISEMENTS FOR
WIRE OR RADIO COMMUNICATIONS.
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son to purchase or place any advertisement, by any per-
son, in a manner which discriminates against any commu-
nications entity by reason of the race, color, or ethnic
background of—
‘‘(1) any owner of the entity, or
‘‘(2) the group to which the communications
format of the entity is predominantly designed to
appeal.
‘‘(b) DEFINITION OF COMMUNICATIONS.—The term
‘communications entity’ means any person who engages
in—
‘‘(1) wire communication; or
‘‘(2) radio communication.
‘‘(c) FCC ENFORCEMENT.—The Commission shall
adopt regulations to carry out the prohibition under sub-
section (a) and to prevent activity prohibited under such
subsection.
‘‘(d) ENFORCEMENT
BY PRIVATE RIGHT
OF AC-
TION.—
‘‘(1) CAUSE OF ACTION.—Any person aggrieved
by a violation of subsection (a) may bring a civil ac-
tion on behalf of the person and other persons simi-
larly situated in an appropriate United States dis-
trict court or in any other court of competent juris-
diction.
‘‘(2) ALTERNATIVE REMEDIES.—A civil action
may be brought under this subsection for a violation
of subsection (a) without regard to the status of any
administrative proceeding or other action under this
Act by the Commission regarding the activity that is
the basis for the allegation of the violation.
‘‘(3) ENTITLEMENT TO RELIEF.—In a civil ac-
tion under this subsection, if the court finds that a
violation of subsection (a) has occurred, the court
may award damages for the aggrieved person to re-
cover lost profits, consequential damages, and all
other appropriate relief to make the person whole,
including reasonable attorneys’ fees. The court shall,
in the case of any person aggrieved by a willful and
wanton violation of subsection (a), treble the amount
recovered under the preceding sentence.
‘‘(d) APPLICABILITY.—The regulations issued under
this section shall apply to conduct occurring after the date
of the enactment of the Broadcasters Fairness in Adver-
tising Act of 1999.’’.
SEC. 3. ENSURING FEDERAL CONTRACTS ARE NOT AWARD-
ED TO ADVERTISERS WHO DISCRIMINATE
AGAINST MINORITY OWNED OR FORMATTED
COMMUNICATIONS ENTITIES IN PURCHASE
OR PLACEMENT OF ADVERTISEMENTS FOR
WIRE OR RADIO COMMUNICATIONS.
(a) CERTIFICATION.—The head of an executive agen-
cy may not solicit an offer from, award a contract to, ex-
tend an existing contract with, or, when approval by the
agency head of the award of a subcontract is required,
approve the award of a subcontract to, an offeror or con-
tractor, unless the offeror or contractor has certified in
writing to the agency head that the offeror or contractor
has not engaged, and will not during the period of the
contract or subcontract engage, in any purchase or place-
ment of any advertisement in a manner which discrimi-
nates against any communications entity by reason of the
race, color, or ethnic background of—
(1) any owner of the entity, or
(2) the group to which the communications for-
mat of the entity is predominantly designed to ap-
peal.
(b) DEFINITION.—For purposes of this section, the
following definitions shall apply:
(1) 
COMMUNICATIONS
ENTITY.—The 
term
‘‘communications entity’’ has the meaning given the
term in section 702(b) of the Communications Act
of 1934.
(2) EXECUTIVE AGENCY.—The term ‘‘executive
agency’’ has the meaning given such term in section
4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403).
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