I 
116TH CONGRESS 
2D SESSION 
H. R. 8154 
To direct the Federal Communications Commission to establish a broadcast 
incubator program to support the entry of new and diverse voices in 
the broadcasting industry by providing for an established broadcaster 
and an emerging broadcaster to enter into a qualifying incubation rela-
tionship. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 1, 2020 
Mr. WALDEN introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To direct the Federal Communications Commission to estab-
lish a broadcast incubator program to support the entry 
of new and diverse voices in the broadcasting industry 
by providing for an established broadcaster and an 
emerging broadcaster to enter into a qualifying incuba-
tion relationship. 
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 ‘‘Broadcast Diversity 
in Leadership Act’’. 
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. BROADCAST INCUBATOR PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Our Nation continues to respond to the on-
going COVID–19 pandemic, and all Americans must 
have access to accurate, reliable information. 
(2) Americans are fighting racial injustice, and 
promoting local and diverse media will play an im-
portant role in limiting misinformation. 
(3) Congress should commit to promoting 
media diversity and pledging to work with media en-
tities and diverse stakeholders to develop common- 
ground solutions to eliminate barriers to media di-
versity. 
(4) The principle that an informed and engaged 
electorate is critical to a vibrant democracy is deeply 
rooted in our laws of free speech and underpins the 
virtues on which we established our Constitution: ‘‘in 
Order to form a more perfect Union, establish Jus-
tice, insure domestic Tranquility, provide for the 
common defence, promote the general Welfare, and 
secure the Blessings of Liberty to ourselves and our 
Posterity’’. 
(5) Having independent, diverse, and local 
media that provide exposure to a broad range of 
viewpoints and the ability to contribute to the polit-
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS
ical debate is central to sustaining informed engage-
ment. 
(6) It is in the public interest to encourage 
source, content, and audience diversity on our Na-
tion’s shared media platforms. 
(7) The survival of small, independent, and di-
verse media outlets that serve diverse audiences and 
local media markets is essential to preserving local 
culture and building understanding on important 
community issues that impact the daily lives of resi-
dents. 
(8) Research by the American Society of News 
Editors, the Radio Television Digital News Associa-
tion, the Pew Research Center, and others has docu-
mented the continued challenges of increasing diver-
sity among all types of media entities. 
(9) With increasing media experience and so-
phistication, it is even more important to have mi-
nority participation in local media to ensure a di-
verse range of information sources are available and 
different ideas and viewpoints are expressed to 
strengthen social cohesion among different commu-
nities. 
(10) The constriction in small, independent, 
and diverse media outlets and limited participation 
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS
of diverse populations in media ownership and deci-
sionmaking are combining to negatively impact our 
goal of increasing local civic engagement and civic 
knowledge through increased voter participation, 
membership in civic groups, and knowledge of local 
political and civil information. 
(11) The Advisory Committee on Diversity and 
Digital Empowerment of the Commission, and pred-
ecessor Federal advisory committees, have rec-
ommended for decades that the Commission adopt 
an incubator program providing structural rule 
changes to facilitate new and diverse entrants into 
the marketplace. 
(12) The Broadcast Incubator Program estab-
lished under this section is consistent with the na-
tional policy described in section 257(b) of the Com-
munications Act of 1934 (47 U.S.C. 257(b)): ‘‘to 
promote the policies and purposes of this Act favor-
ing diversity of media voices, vigorous economic com-
petition, technological advancement, and promotion 
of the public interest, convenience, and necessity’’. 
(b) ESTABLISHMENT.—Not later than 270 days after 
the date of the enactment of this Act, the Commission 
shall promulgate regulations establishing a program, to be 
known as the ‘‘Broadcast Incubator Program’’, to support 
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS
the entry of new and diverse voices in the broadcasting 
industry by providing for an established broadcaster and 
an emerging broadcaster to enter into a qualifying incuba-
tion relationship with respect to one or more incubated 
stations of the emerging broadcaster. 
(c) QUALIFYING INCUBATION RELATIONSHIP.— 
(1) REQUIREMENTS.—The Commission shall 
establish in the regulations promulgated under sub-
section (b) requirements for a qualifying incubation 
relationship under the Program that include the fol-
lowing: 
(A) Eligibility criteria that an established 
broadcaster and an emerging broadcaster shall 
meet in order to enter into such relationship, 
including— 
(i) a limit, expressed in terms of a 
number of broadcast stations, on how 
many broadcast stations of which an 
emerging broadcaster may have effective 
control on the day before the date on 
which the established broadcaster and the 
emerging broadcaster submit the applica-
tion for the Program under subsection (d); 
(ii) a cap, expressed in terms of a dol-
lar amount, on the gross revenue that the 
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS
emerging broadcaster may earn during the 
calendar year ending most recently before 
the date on which the established broad-
caster and the emerging broadcaster sub-
mit the application for the Program under 
subsection (d); and 
(iii) a requirement for the established 
broadcaster to have effective control of— 
(I) if any incubated station under 
such relationship will be a radio 
broadcast station, any class of AM or 
FM radio broadcast station (except 
for a low power radio station or a 
radio translator station); and 
(II) if any incubated station 
under such relationship will be a tele-
vision broadcast station, any class or 
assignment of television broadcast sta-
tion (except for a low power television 
station or a television translator sta-
tion). 
(B) Criteria for the incubation activities 
that the established broadcaster shall perform 
as part of such relationship. Such activities 
shall include the provision by the established 
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS
broadcaster to the emerging broadcaster of 
training, financing, or access to resources. 
(C) A requirement that the established 
broadcaster and the emerging broadcaster es-
tablish mutually agreed-upon goals for such re-
lationship. 
(D) A requirement that the established 
broadcaster and the emerging broadcaster es-
tablish a mutually agreed-upon limitation on 
the amount of equity (if any) that the estab-
lished broadcaster may hold in the emerging 
broadcaster. 
(E) A minimum duration of 2 years for 
such relationship. 
(F) An option, which may be exercised 
upon the agreement of the established broad-
caster and the emerging broadcaster, for such 
relationship to continue on an ongoing basis. 
(G) A requirement that, upon successful 
completion of such relationship in accordance 
with the application approved by the Commis-
sion under subsection (d) and in compliance 
with the other requirements for the Program 
established by the Commission, the emerging 
VerDate Sep 11 2014 
05:02 Sep 05, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8154.IH
H8154
pbinns on DSKJLVW7X2PROD with BILLS