I 
109TH CONGRESS 
1ST SESSION H. R. 2359 
To establish minimum public interest requirements for multi-cast digital 
television channels. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2005 
Ms. WATSON (for herself, Mr. HINCHEY, Mr. SANDERS, and Ms. SLAUGHTER) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To establish minimum public interest requirements for multi- 
cast digital television channels. 
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 ‘‘Digital Television Ac-
countability and Governance Enhancement Act of 2005’’ 
or the ‘‘DTV–AGE Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The broadcast airwaves are an extremely 
valuable public resource. If television broadcast li-
censees had to pay for their access to spectrum, it 
could generate in excess of $750 billion for the pub-
lic treasury. Research by the Federal Communica-
tions Commission (FCC) has found that the typical 
profit margin for a local broadcast station is around 
40 percent—four to five times higher than the typ-
ical Fortune 500 company. 
(2) The Communications Act of 1934 requires 
the FCC and broadcast licensees to promote the 
public interest. As public trustees, over-the-air tele-
vision broadcast licensees have been granted the 
unique privilege of using a scarce public asset—the 
airwaves—for free in exchange for their promise to 
serve the public interest, convenience and necessity. 
(3) In 1969, the Supreme Court declared that 
‘‘it is the purpose of the First Amendment to pre-
serve an uninhibited marketplace of ideas in which 
truth will ultimately prevail, rather than to coun-
tenance monopolization of the market,’’ and thus, it 
is ‘‘the right of the viewers and listeners, not the 
right of the broadcasters, which is paramount’’. 
(4) Over the past two decades, deregulation in 
the telecommunications sector has led to rapid con-
solidation of media ownership. Five companies now 
own the broadcast networks, control 90 percent of
the top 50 cable networks, produce three-quarter of 
all prime time programming, and control 70 percent 
of the prime time television market share. 
(5) The drastic media consolidation has greatly 
diminished the television broadcast licensee’s per-
formance of public interest obligation and its ability 
to foster diversity, competition, and localism in the 
media market. 
(6) An October 2003 analysis of seven media 
markets shows that just 0.4 percent of television 
programming is devoted to local public affairs. By 
contrast, 14.4 percent is paid programming such as 
infomercials, 9.9 percent is reality or game shows 
and 7.9 percent is sporting events. In addition, most 
of the local public affairs programming airs on week-
end mornings, at times with lower television 
viewership. 
(7) The percentage of independently produced 
pilots and new series on the four national broadcast 
networks has declined from 87.5 percent in 1990 to 
22.5 percent in 2002. 
(8) A survey of evening news broadcasts of 44 
local affiliates of broadcasters in 11 markets prior to 
the 2004 election showed that only eight percent of 
such broadcasts contained a story about a local can-
didate race. In contrast, eight times more coverage 
went to stories about accidental injuries, and 12 
times more coverage to sports and weather. Nineteen 
percent of the stories focused on voting issues such 
as the location of polling stations, absentee ballot in-
formation and reports on early voting efforts. Just 
under five percent of the stories focused on local and 
statewide ballot initiatives. 
(9) A study of the 2000 election found that 60 
percent of debates among gubernatorial, senatorial 
and congressional candidates were not televised. An-
other 19 percent appeared only on public or inde-
pendent stations. 
(10) Local television broadcasters claim to have 
contributed $9.6 billion worth of community service 
in 2003. However, $5.6 billion of that came from 
public service announcements, and an additional 
$2.3 billion came from fundraisers for charitable 
causes. Among the public service announcements, 
roughly one-quarter featured the stars of the net-
works’ own prime time shows, thereby advancing the 
networks’ own commercial interests. 
(11) Since the mid-1980s, Congress and the 
FCC have played major roles in the development of 
digital television, which provides sharper pictures, a
wider screen, CD-quality sound, better color ren-
dition and simultaneous transmission of multiple 
video programming in standard definition television 
(SDTV) or a single program of high definition tele-
vision (HDTV). It allows the same kind of digitally- 
based services offered by cable and satellite tele-
vision providers and provides a more efficient use of 
the radio-frequency spectrum than traditional analog 
television, thereby conserving bandwidth. 
(12) In 1997, the FCC decided to grant exist-
ing, full-power television stations additional spec-
trum to facilitate the transition from analog to dig-
ital television. The Balanced Budget Act of 1997 set 
the deadline for such transition by stating that ‘‘a 
broadcast license that authorizes analog television 
service may not be renewed to authorize such service 
for a period that extends beyond December 31, 
2006’’. 
(13) In 2004, Congress passed the Intelligence 
Reform and Terrorism Prevention Act of 2004, 
which included the sense of Congress that ‘‘Congress 
must act to pass legislation in the first session of the 
109th Congress that establishes a comprehensive ap-
proach to the timely return of analog broadcast 
spectrum as early as December 31, 2006’’ and that
any delay will ‘‘delay the ability of public safety enti-
ties to begin planning to use this needed spectrum’’. 
(14) As of March 10, 2005, there were 1,373 
commercial and public stations broadcasting digital 
signals in 211 markets, representing about 86 per-
cent of the nation’s approximately 1,600 television 
stations. The 211 markets currently receiving digital 
television transmissions cover over 99 percent of 
U.S. television households. 
(15) In 1997, President Clinton established an 
Advisory Committee on Public Interest Obligations 
of DTV Broadcasters, to make recommendations on 
how DTV licensees should serve the public interest 
in exchange for free access to digital spectrum. The 
Committee submitted a set of ten recommendations 
to the FCC, Congress and the Administration and 
the broadcast industry in 1998. 
(16) On December 15, 1999, the FCC opened 
a Notice of Inquiry proceeding to solicit public com-
ment on public interest obligations of TV broad-
casters as they transition to DTV (MM Docket No. 
99–360). In September 2000, the FCC issued the 
DTV Public Interest Form Notice of Proposed Rule-
making (NPRM) which sought to require television 
broadcasters (both digital and analog) to disclose on
a quarterly standardized form how they are serving 
the public interest (MM Docket No. 00–168). 
(17) After more than four years, the FCC has 
not taken final action in those proceedings. 
(18) On September 9, 2004, the FCC adopted 
a Report and Order addressing children’s program-
ming obligations for digital television broadcasters. 
The FCC required amount of core educational pro-
gramming proportionally to the amount of increased 
free video programming offered by the broadcaster 
on digital multicast channels. The Order also con-
cluded that commercial limits apply to all digital 
programming directed at children 12 years and 
under, whether the programming is provided on a 
free or pay multicast channel. 
(19) Congress is currently considering legisla-
tive efforts to address the December 31, 2006 dead-
line for reclaiming the analog spectrum. 
(20) The transition to digital television offers a 
profound opportunity to improve television broad-
casters’ service to the public by enhancing the diver-
sity of viewpoints, promoting civic participation, ex-
panding local and community programming, and in-
creasing children’s programming.
SEC. 3. TERM OF LICENSE. 
(a) AMENDMENT.—Section 307(c)(1) of the Commu-
nications Act of 1934 (47 U.S.C. 307(c)(1)) is amended 
by striking ‘‘8 years’’ each place it appears and inserting 
‘‘3 years’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective with respect to any license 
granted by the Federal Communications Commission after 
the date of enactment of this Act. 
SEC. 4. IMPLEMENTATION OF PUBLIC INTEREST STAND-
ARDS. 
Subsection (d) of section 336 of the Communications 
Act of 1934 (47 U.S.C. 309) is amended to read as fol-
lows: 
‘‘(d) 
IMPLEMENTATION
OF
PUBLIC
INTEREST 
STANDARD.— 
‘‘(1) REQUIREMENTS NECESSARY TO LICENSE 
RENEWAL.—Nothing in this section shall be con-
strued as relieving a television broadcasting station 
from its obligation to serve the public interest, con-
venience, and necessity. In the Commission’s review 
of any application for renewal of a broadcast license 
for a television station that provides ancillary or 
supplementary services, the television licensee shall 
establish that all of its program services on the ex-
isting or advanced television spectrum are in the
public interest. Any violation of the Commission 
rules applicable to ancillary or supplementary serv-
ices shall reflect upon the licensee’s qualifications for 
renewal of its license. Any station licensee that uses 
advanced television spectrum to broadcast multiple 
channels of programming in the digital television 
service shall establish that the program services on 
such spectrum are in the public interest by dem-
onstrating compliance with the requirements of 
paragraphs (2) and (3). 
‘‘(2) PROGRAMMING
OBLIGATIONS
OF
MULTI-
CASTING STATIONS.—Each broadcast television sta-
tion licensee providing multiple channels of program-
ming in the digital television service shall, in accord-
ance with regulations prescribed by the Commission 
under this subsection, provide the following: 
‘‘(A) PUBLIC AFFAIRS REQUIREMENT.—An 
amount of qualifying local civic affairs pro-
gramming or qualifying local electoral affairs 
programming on its primary channel equal to a 
total of at least 3 hours per week, and, on the 
remainder of the multi-cast digital channels, a 
total of at least 3 hours per week of such pro-
gramming multiplied by the number of such re-
mainder channels, except that the licensee shall
have the discretion to determine how to allocate 
such amount of programming among such re-
mainder non-primary channels. 
‘‘(B) INDEPENDENT
OR
LOCALLY
PRO-
DUCED
PROGRAMMING.—An amount of pro-
gramming on its primary channel that is inde-
pendently produced or locally produced pro-
gramming equal to not less than 25 percent of 
the programming aired during primetime hours 
on the primary channel. 
‘‘(C) 
CHILDREN’S
EDUCATIONAL
PRO-
GRAMMING.—A minimum of 3 hours per week 
of children’s educational programming on each 
of the primary and remaining multi-cast digital 
channels, in accordance with section 102(a) of 
the Children’s Television Act of 1990, except 
that the licensee shall have the discretion to de-
termine how to allocate such amount of pro-
gramming among the remaining multi-cast dig-
ital channels. 
‘‘(D) PUBLIC HEARINGS.—At least 2 pub-
lic hearings per year to ascertain the needs and 
interest of the communities they serve, one of 
such hearings taking place at least 2 months
prior to the date of application for license 
issuance or renewal. 
‘‘(E) FCC REPORTS.—A report quarterly 
to the Commission on how the ascertainment of 
such needs and interests has led to public inter-
est programming in accordance with this sub-
section, and describing the number of hours 
and the programs or program segments devoted 
to local civic affairs programming, independent 
or locally produced programming, and chil-
dren’s educational programming (as required by 
subparagraphs (A), (B), and (C)). The report 
shall be made available to the public and the 
Commission no later than 30 days after the end 
of the quarter, by placing a copy in the sta-
tion’s public file, posting a copy in the station’s 
website (if it has one), with a prominent and 
clearly identified link on the home page of the 
website, and filling it with the Commission. 
‘‘(3) DEFINITIONS.—As used in this subsection: 
‘‘(A) PRIMARY CHANNEL.—The term ‘pri-
mary channel’ means the over-the-air channel 
that the station licensee designates or deter-
mines as the primary video signal of that sta-
tion for purposes of section 614 (must-carry).
‘‘(B) QUALIFYING
LOCAL
CIVIC
AFFAIRS 
PROGRAMMING.—The term ‘qualifying local 
civic affairs programming’ means local civic 
programming that is designed to provide the 
public with information about local issues. 
Local civic programming includes broadcasts of 
interviews with, or statements by, elected or ap-
pointed officials and relevant policy experts on 
issues of importance to the community, govern-
ment meetings, legislative sessions, conferences 
featuring elected officials, and substantive dis-
cussions of civic issues of interest to local com-
munities or groups. 
‘‘(C) QUALIFYING LOCAL ELECTORAL AF-
FAIRS
PROGRAMMING.—The term ‘qualifying 
local electoral affairs programming’ means pro-
gramming that consists of candidate-centered 
discourse focusing on the local, State, and Fed-
eral races for public offices to be elected by a 
constituency within the licensee’s broadcast 
area. Local electoral affairs programming in-
cludes broadcasts of candidate debates, inter-
views, or statements, as well as substantive dis-
cussions of ballot measures that will be put be-
fore the voters in a forthcoming election. Pro-
gramming that focuses on the ‘horserace’ as-
pects of an election does not qualify as local 
electoral affairs programming. Programming 
that is primarily concerned with the political 
strength or viability of a candidate or ballot 
issue; that focuses on a candidate or ballot 
issue’s status in relation to polling data, en-
dorsements or fundraising totals; or discusses 
an election in terms of who is winning or losing 
is considered to be focused on such ‘horserace’ 
aspects. 
‘‘(D) EXCLUSIONS FROM DEFINITIONS.— 
Public service announcements and paid political 
advertisements shall not be treated as quali-
fying local civic affairs programming or quali-
fying local electoral affairs programming. 
‘‘(E) ADDITIONAL
QUALIFICATION
RE-
QUIREMENTS.—Local civic and electoral affairs 
programming must meet the following qualifica-
tion requirements in order to be counted to-
wards the 3 hour minimums under paragraph 
(2)(A): 
‘‘(i) The programming must be aired 
between 7:00 a.m. and 11:35 p.m., with at 
least 50 percent of that programming
being aired between 5:00 p.m. and 11:35 
p.m., Monday through Friday, and between 
7:00 a.m. and 12:00 p.m., Saturday and 
Sunday mornings. 
‘‘(ii) At least 75 percent of the re-
quired minimum must be ‘first-run pro-
gramming’ by the licensee. For purposes of 
this clause, ‘first-run programming’ means 
a program which has never before been 
distributed by a broadcast licensee and 
which will be distributed for the first time 
by the licensee. 
‘‘(iii) A licensee holding multiple li-
censes within the same area (as defined by 
the Commission’s rules permitting multiple 
ownership) may not fulfill its requirements 
by duplicating original ‘first run’ program-
ming on its stations. 
‘‘(iv) Programming that is aired dur-
ing regularly scheduled newscasts on the 
primary channel that otherwise meets the 
definition of qualifying local civic affairs 
programming or qualifying local electoral 
affairs programming may be counted to-
wards the licensee’s weekly minimum, up 
to 30 minutes per week. 
‘‘(F) INDEPENDENTLY PRODUCED OR LO-
CALLY PRODUCED PROGRAMMING.— 
‘‘(i) The term ‘independently produced 
or locally produced programming’ means 
programming produced by an entity not 
owned or controlled by an owner of a na-
tional television network. 
‘‘(ii) If an owner of a national tele-
vision network owns or controls more than 
a one-third financial interest in the pro-
gram, acts as the distributor of such pro-
gram in syndication, or owns the copyright 
in such program, the owner of a national 
television network shall be considered to be 
the producer of that program for the pur-
poses of this section. A program cross-li-
censed by one network entity to another 
network entity shall not be considered 
independent or locally produced program-
ming. 
‘‘(iii) Programming that meets the 
definition of qualifying local civic or elec-
toral affairs programming shall not be in-
cluded as independently produced or locally 
produced programming under this sub-
paragraph.’’. 
SEC. 5. COMMISSION ACTION REQUIRED. 
The FCC shall, consistent with the amendment made 
by section 4, within 9 months after the date of enactment 
of this Act— 
(1) issue a final decision in the Matter of Pub-
lic Interest Obligations of TV Broadcast Licensees, 
MM Docket No. 99–360; 
(2) issue a final decision in the Matter of 
Standardized and Enhanced Disclosure Require-
ments for Television Broadcast Licensee Public In-
terest Obligations, MM Docket No. 00–168; and 
(3) complete a rulemaking proceeding to deter-
mine how the broadcast licensees may utilize dis-
tribution and promotion mechanisms, such as per-
sonal video recorders, video-on-demand, and elec-
tronic program guides, to make available and pro-
mote local civic and electoral affairs programming. 
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