I
103D CONGRESS
2D SESSION
H. R. 1985
To clarify the congressional intent concerning, and to codify, certain require-
ments of the Communications Act of 1934 that ensure that broadcasters
afford reasonable opportunity for the discussion of conflicting views on
issues of public importance.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 1993
Mr. HEFNER (for himself, Mrs. MINK, Mr. FILNER, Mr. DURBIN, Mrs.
UNSOELD, Mr. CLAY, Ms. SLAUGHTER, and Mr. TANNER) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
SEPTEMBER 7, 1993
Additional sponsors: Mr. BONIOR, Mr. RICHARDSON, Mr. WISE, Mr. LAN-
CASTER, Ms. FURSE, Mr. SCHUMER, Mr. ABERCROMBIE, Ms. KAPTUR,
Mr. HINCHEY, Mr. MCDERMOTT, Mr. TRAFICANT, Mrs. SCHROEDER, Mr.
BRYANT, Mr. TORRES, Mr. WAXMAN, Mr. DERRICK, Mr. HASTINGS, Mr.
RANGEL, Mr. FROST, Ms. ESHOO, Mr. GLICKMAN, and Mr. HAMBURG
JANUARY 27, 1994
Additional sponsors: Mr. YATES, Mr. PICKETT, and Mr. JOHNSON of South
Dakota
Deleted sponsors: Mr. MCDERMOTT (added May 12, 1993; deleted September
27, 1993), and Mr. FROST (added August 3, 1993; deleted September
22, 1993)
A BILL
To clarify the congressional intent concerning, and to codify,
certain requirements of the Communications Act of 1934
that ensure that broadcasters afford reasonable oppor-
HR 1985 SC2
tunity for the discussion of conflicting views on issues
of public importance.
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 Broadcast-
ing Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) despite technological advances, the electro-
magnetic spectrum remains a scarce and valuable
public resource;
(2) there are still substantially more people who
want to broadcast than there are frequencies to allo-
cate;
(3) a broadcast license confers the right to use
a valuable public resource and a broadcaster is
therefore required to utilize that resource as a
trustee for the American people;
(4) there is a substantial governmental interest
in conditioning the award or renewal of a broadcast
license on the requirement that the licensee assure
that widest possible dissemination of information
from diverse and antagonistic sources by presenting
a reasonable opportunity for the discussion of con-
flicting views on issues of public importance;
HR 1985 SC2
(5) while new video and audio services have
been proposed and introduced, many have not suc-
ceeded and even those that are operating reach a far
smaller audience than broadcast stations;
(6) even when and where new video and audio
services are available, they do not provide meaning-
ful alternatives to broadcast stations for the dissemi-
nation of news and public affairs;
(7) for more than thirty years; the Fairness
Doctrine and its corollaries, as developed by the
Federal Communications Commission on the basis of
the provisions of the Communications Act of 1934,
have enhanced free speech by securing the para-
mount right of the broadcast audience to robust de-
bate on issues of public importance;
(8) because the Fairness Doctrine only requires
more speech, it has no chilling effect on broad-
casters; and
(9) the Fairness Doctrine (A) fairly reflects the
statutory obligation of broadcasters under that Act
to operate in the public interest, (B) was given stat-
utory approval by the Congress in making certain
amendments to that Act in 1959, and (C) strikes a
reasonable balance among the first amendment
HR 1985 SC2
rights of the public, broadcast licensees, and speak-
ers other than owners of broadcast facilities.
SEC. 3. AMENDMENT TO THE COMMUNICATIONS ACT OF
1934.
Section 315 of the Communications Act of 1934 (47
U.S.C. 315) is amended—
(1) by redesignating subsections (a) through (d)
as subsections (b) through (e), respectively; and
(2) by inserting before subsection (b) the fol-
lowing new subsection:
‘‘(a)(1) A broadcast licensee shall afford reasonable
opportunity for the discussion of conflicting views on is-
sues of public importance.
‘‘(2) The enforcement and application of the require-
ment imposed by this subsection shall be consistent with
the rules and policies of the Commission in effect on Janu-
ary 1, 1987. Such rules and policies shall not be construed
to authorize the application of any criminal sanction pur-
suant to section 501 of this Act.’’.
SEC. 4. EFFECTIVE DATE.
This Act and the amendment to the Communications
Act of 1934 added by this Act shall take effect upon the
date of enactment of this Act.
Æ