I
105TH CONGRESS
2D SESSION
H. R. 4067
To establish the Commission for the Future of Public Broadcasting and
authorize appropriations for the Corporation for Public Broadcasting,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1998
Mr. TAUZIN (for himself and Mr. MARKEY) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To establish the Commission for the Future of Public Broad-
casting and authorize appropriations for the Corporation
for Public Broadcasting, 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 ‘‘Public Broadcasting
Reform Act of 1998’’.
TITLE I—COMMISSION FOR THE
FUTURE OF PUBLIC BROAD-
CASTING
SEC. 101. ESTABLISHMENT.
There is established a commission to be known as the
Commission for the Future of Public Broadcasting (in this
title referred to as the ‘‘Commission’’).
SEC. 102. MEMBERSHIP.
(a) APPOINTMENT.—The Commission shall be com-
posed of 9 members appointed not later than 30 days after
the date of the enactment of this Act, as follows:
(1) 2 members appointed by the Speaker of the
House of Representatives.
(2) 1 member appointed by the Minority Leader
of the House of Representatives.
(3) 2 members appointed by the Majority Lead-
er of the Senate.
(4) 1 member appointed by the Minority Leader
of the Senate.
(5) 2 members appointed by the President.
(6) 1 member who shall be selected by a major-
ity of the other members and then appointed by the
President, and who shall serve as the Chair of the
Commission.
(b) QUALIFICATIONS.—Each individual appointed to
be a member of the Commission shall have extensive expe-
rience or expertise in—
(1) broadcasting or other mass media;
(2) education, the arts, or science; or
(3) business or corporate finance.
(c) TERMS.—Each member of the Commission shall
be appointed for the life of the Commission. A vacancy
in the Commission shall not affect the powers of the Com-
mission and shall be filled in the manner in which the
original appointment was made.
(d) PROHIBITION OF ADDITIONAL COMPENSATION.—
Members shall serve without pay.
(e) QUORUM.—5 members of the Commission shall
constitute a quorum, but a lesser number may hold hear-
ings.
(f) MEETINGS.—The Commission shall meet at the
call of the Chairperson or a majority of the members of
the Commission. The Chairperson shall call the first meet-
ing of the Commission not later than 60 days after the
date of the enactment of this Act.
SEC. 103. FUNCTIONS.
(a) STUDY.—The Commission shall conduct a study
to identify and analyze various options for actions to ac-
complish the following objectives:
(A) eliminating the Corporation for Public
Broadcasting;
(B) limiting Federal financial assistance to
the equivalent of funding for one public tele-
vision broadcast station per market; and
(C) selling or leasing certain television
broadcasting stations licensed to public tele-
vision broadcasting entities, subject to such re-
quirements as may be necessary to provide
that—
(i) such sales and leases result in each
market being limited to only one public tel-
evision broadcast station that receives Fed-
eral financial assistance;
(ii) for each station sold or leased, an
amount of the sale or lease proceeds ap-
proximating the net Federal assistance to
such station over time is provided to the
Corporation for Public Broadcasting (or
such other entity as may replace the Cor-
poration) for use in supporting local public
broadcasting services; and
(iii) such sales and leases do not re-
sult in viewers losing access to public
broadcast services.
(4) FEE FOR EXEMPTION FROM PUBLIC-INTER-
EST BROADCASTING REQUIREMENTS.—Establishing,
by law, authority for television broadcasters to opt
to pay fees as reimbursement to the public for reliev-
ing the broadcasters from obligations related to ful-
filling content-based public interest broadcasting re-
quirements and for collection of such fees to replace
or offset Federal appropriations to the Corporation
for Public Broadcasting.
(5) PUBLIC
BROADCASTING
PROGRAMMING.—
Carrying out the goals of public broadcasting by—
(A) enhancing the noncommercial mission
of public television and radio;
(B) preventing any reduction in the ability
or willingness of public broadcasters to fulfill
noncommercial objectives;
(C) expanding the delivery of programming
that is locally produced or concerns issues of
local interest;
(D) enhancing delivery and availability
of—
(i) high quality cultural programming
specifically designed for historically under-
served audiences, particularly minority au-
diences; and
(ii) high quality educational program-
ming specifically designed for children;
(E) making such cultural and educational
programming, materials, and services available
to schools and libraries in an efficient and cost-
effective manner; and
(F) establishing schedules for broadcasting
that reduce or eliminate simultaneous broad-
casting of identical programming by different
stations and unnecessarily duplicative broad-
casting.
(b) REPORT.—Not later than 120 days after the first
meeting of the Commission pursuant to section 102(f), the
Commission shall submit a report to the Congress that—
(1) sets forth various options for actions to ac-
complish the objectives specified in subsection (a) of
this section;
(2) analyzes the advantages and disadvantages
of each such proposed action;
(3) includes the recommendations of the Com-
mission regarding the most effective, efficient, and
appropriate actions to ensure the future ability of
public broadcasting in the United States to carry
out its noncommercial mission; and
(4) includes proposals for administrative, legis-
lative, and other actions to carry out such rec-
ommendations.
SEC. 104. POWERS.
(a) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure, directly from any department or
agency of the United States, information necessary
to enable it to carry out this title. Upon request of
the Commission, the head of the department or
agency shall furnish such information to the Com-
mission.
(2) SUPPORT SERVICES.—Upon request of the
Commission, the National Telecommunications and
Information Administration shall provide to the
Commission such administrative and research per-
sonnel, support services, and facilities as are nec-
essary for the Commission to carry out its respon-
sibilities under this title. The Commission shall not
be required to reimburse the Administration for any
personnel, support services, and facilities provided
pursuant to this paragraph.
(b) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this title, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
(c) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
SEC. 105. DEFINITIONS.
For purposes of this title, the terms ‘‘public broad-
casting entity’’, ‘‘public broadcast station’’, and ‘‘public
telecommunications services’’ having the meanings given
such terms in section 397 of the Communications Act of
1934 (47 U.S.C. 397).
SEC. 106. TERMINATION.
The Commission shall terminate 60 days after sub-
mitting the report required under section 103(b).
TITLE II—AMENDMENTS TO PUB-
LIC 
TELECOMMUNICATIONS
PROVISIONS OF COMMUNICA-
TIONS ACT OF 1934
SEC. 201. PREVENTION OF UNJUST ENRICHMENT IN SALE
OF OVERLAPPING PUBLIC BROADCAST STA-
TIONS.
(a) IN GENERAL.—Subpart E of part IV of title III
of the Communications Act of 1934 (47 U.S.C. 397 et
seq.) is amended by adding at the end the following new
section:
‘‘SEC. 399C. PREVENTION OF UNJUST ENRICHMENT IN
SALE OF OVERLAPPING PUBLIC BROADCAST
STATIONS.
‘‘(a) SALE REQUIREMENTS.—Upon application by a
licensee or permittee of an overlapping public broadcast
station for authority to assign or transfer the license or
construction permit of the licensee or permittee for a sta-
tion to another person or entity and for such person or
entity to operate the station other than as a public broad-
cast station, the Commission may approve such assign-
ment or transfer, and operation, only if all of the following
requirements are met:
‘‘(1) UNJUST
ENRICHMENT.—The licensee or
permittee applying to assign or transfer the license
or permit agrees (in such manner as the Commission
may require) that, from any net proceeds received
for the assignment or transfer, an amount equal to
the net Federal investment in the station will be dis-
tributed as follows:
‘‘(A) COSTS OF DETERMINING NET FED-
ERAL INVESTMENT.—A portion of such amount,
which is equal to the cost to the Commission to
obtain the determination under subsection
(b)(2) regarding the assignment or transfer,
shall be distributed to the Commission.
‘‘(B) PUBLIC
TELECOMMUNICATIONS
FA-
CILITIES SUPPORT.—A portion of such amount
equal to the aggregate amount of all financial
assistance provided for the planning, construc-
tion, and purchase of equipment and facilities
provided by the public telecommunications fa-
cilities program shall be distributed to such pro-
gram under section 391.
‘‘(C) PUBLIC BROADCASTING SUPPORT.—
The remainder of such amount shall be pro-
vided to the Corporation for Public Broadcast-
ing (or such other entity as may replace the
Corporation) and shall be distributed—
‘‘(i) in the case of amounts pursuant
to the assignment or transfer of a public
television broadcast station, together with
and in the same manner as amounts made
available for distribution under section
396(k)(3)(A)(ii)(I); and
‘‘(ii) in the case of amounts pursuant
to the assignment or transfer of a public
radio broadcast station, together with and
in the same manner as amounts made
available for distribution under section
396(k)(3)(A)(iii)(I).
Amounts distributed under this paragraph shall be
available for use in accordance with such distribu-
tion only to the extent provided in advance in appro-
priation Acts.
‘‘(2) FAIR
VALUE.—The Commission deter-
mines that the compensation provided for assigning
or transferring the license or permit fairly reflects
the value of the license or permit and any related fa-
cilities.
‘‘(3) UNIVERSAL ACCESS.—The Commission de-
termines that the sale of the broadcast station will
not diminish universal access to public broadcasting
services.
‘‘(b) NET FEDERAL INVESTMENT.—
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the net Federal investment with respect to any
broadcast station shall be the sum of—
‘‘(A) the aggregate amount of all financial
assistance provided over time to the licensee or
permittee of the station for use for such station
under the public telecommunications facilities
grant program under subpart A or by the Cor-
poration for Public Broadcasting under subpart
D; and
‘‘(B) an amount for interest on such finan-
cial assistance, which shall be determined for
the period beginning upon the providing of such
assistance and ending upon the application for
assignment of the license in accordance with
this section, at a rate based upon the market
yields on marketable public obligations of the
United States outstanding during such period
and having maturities comparable to such pe-
riod.
‘‘(2) DETERMINATION.—Determinations of the
amount of net Federal investment in a public broad-
cast station for purposes of any assignment or
transfer authorized pursuant to this section shall be
made on a case-by-case basis, using generally accept-
ed accounting principles, by a private commercial ac-
countant or assessor selected by the Commission.’’.
(b) DEFINITION OF OVERLAPPING PUBLIC BROAD-
CAST STATION.—Section 397 of the Communications Act
of 1934 (47 U.S.C. 397) is amended—
(1) by redesignating paragraphs (10) through
(17) as paragraphs (11) through (18), respectively;
and
(2) by inserting after paragraph (9) the follow-
ing new paragraph:
‘‘(10) The term ‘overlapping public broadcast station’
means—
‘‘(A) a public broadcast television station hav-
ing a Grade A contour (as determined under the
regulations of the Commission)—
‘‘(i) that reaches more than 50 percent of
the population that is reached by the Grade A
contour (as so determined) of any other public
television broadcast station; or
‘‘(ii) that reaches a population more than
50 percent of whom are also reached by the
Grade A contour (as so determined) of any
other public television broadcast station; and
‘‘(B) a public broadcast radio station having a
1.0 mV/m signal contour (as determined under the
regulations of the Commission)—
‘‘(i) that reaches more than 50 percent of
the population that is reached by the 1.0 mV/
m signal contour (as so determined) of any
other public radio broadcast station; or
‘‘(ii) that reaches a population more than
50 percent of whom are also reached by the 1.0
mV/m signal contour (as so determined) of any
other public radio broadcast station.’’.
SEC. 
202. 
USE 
OF 
BUSINESS 
OR 
INSTITUTIONAL
LOGOGRAMS.
Section 399A of the Communications Act of 1934 (47
U.S.C. 399a) is amended—
(1) in subsection (a), by striking ‘‘any aural’’
and all that follows and inserting the following: ‘‘an
aural or visual message used for the exclusive pur-
pose of identifying any corporation, company, or
other organization that, except for the inclusion of
any symbol or sign, consists of and is limited to the
following words: ‘This program sponsored in part by
llll.’ (the blank space being filled in with the
name of such corporation, company, or other organi-
zation).’’;