Eliminating Local News Deserts Act of 2021
Bill: H.R.5393 | Sponsor: Rep. Payne, Donald M., Jr. (D-NJ)
Policy area: Science, Technology, Communications

Summary:
Eliminating Local News Deserts Act of 2021
This bill requires a cable company operating within a state to carry certain low-power stations under specified conditions.
A cable company must carry such a low-power station if, among other requirements (1) the state has no exclusive, in-state broadcast television market within its boundaries; (2) there are no full-power commercial network affiliates (i.e., ABC, CBS, NBC, and FOX) that are licensed to, and principally operate within, the state; and (3) such low-power station provides a minimum amount of particularized local programming each week.

To amend the Communications Act of 1934 to provide for mandatory cable 
carriage of low power television stations sharing facilities of certain 
      full power commercial VHF stations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Local News Deserts Act 
of 2021''.

SEC. 2. CARRIAGE OF LOW POWER TELEVISION STATIONS SHARING FACILITIES OF 
              CERTAIN FULL POWER COMMERCIAL VHF STATIONS.

    (a) Carriage Rights.--Section 614(c) of the Communications Act of 
1934 (47 U.S.C. 534(c)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Additional requirements for stations sharing 
        facilities of certain full power commercial vhf stations.--
                    ``(A) In general.--A cable operator of a cable 
                system shall carry on such system, on a channel that is 
                generally considered to be in the primary broadcast 
                tier, in addition to any qualified low power station 
                such operator is required to carry under paragraph (1), 
                any television broadcast station--
                            ``(i) that is a qualified low power station 
                        under subparagraph (B) of subsection (h)(2); 
                        and
                            ``(ii) the full power commercial very high 
                        frequency television broadcast station 
                        described in subsection (h)(2)(B)(ii)(II) with 
                        which such qualified low power station shares 
                        facilities is in the same television market as 
                        such cable system.
                    ``(B) Requirements.--In the case of a qualified low 
                power station that is carried under subparagraph (A), 
                such qualified low power station shall have the same 
                carriage rights as the full power commercial very high 
                frequency television broadcast station described in 
                subparagraph (A)(ii) in the television market described 
                in such subparagraph.
                    ``(C) Timing.--The requirements of subparagraph (A) 
                shall apply, with respect to a television broadcast 
                station, beginning on the date that is 90 days after 
                the Commission makes a determination under subparagraph 
                (B) of subsection (h)(2) that such station is a 
                qualified low power station under such subparagraph.''.
    (b) Qualified Low Power Station Defined.--Section 614(h)(2) of the 
Communications Act of 1934 (47 U.S.C. 534(h)(2)) is amended--
            (1) by redesignating subparagraphs (A) through (F) as 
        clauses (i) through (vi), respectively;
            (2) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term'';
            (3) by striking ``Nothing in this paragraph'' and inserting 
        the following:
                    ``(C) Rule of construction.--Nothing in this 
                paragraph''; and
            (4) by inserting after subparagraph (A) (as so designated) 
        the following:
                    ``(B) Stations sharing facilities of certain full 
                power commercial vhf stations.--
                            ``(i) In general.--The term `qualified low 
                        power station' also includes any television 
                        broadcast station for which there is in effect 
                        a determination by the Commission that such 
                        station is a qualified low power station under 
                        this subparagraph.
                            ``(ii) Requirements.--The Commission shall 
                        determine that a television broadcast station 
                        is a qualified low power station under this 
                        subparagraph if--
                                    ``(I) such station conforms to the 
                                rules established for low power 
                                television stations contained in part 
                                74 of title 47, Code of Federal 
                                Regulations;
                                    ``(II) such low power station 
                                shares facilities with a licensee of a 
                                full power commercial very high 
                                frequency television broadcast channel 
                                allocated to a State under section 
                                331(a);
                                    ``(III) such State has no 
                                exclusive, in-State broadcast 
                                television market within its 
                                boundaries, as determined by Nielsen 
                                Media Research or any successor entity;
                                    ``(IV) there are no `big 4' full 
                                power commercial network affiliates 
                                (ABC, CBS, NBC, and FOX) that are 
                                licensed to, and principally operate 
                                within, such State;
                                    ``(V) such low power station 
                                broadcasts not fewer than 14 hours of 
                                common local programming per week, not 
                                fewer than 7 hours of which shall be 
                                broadcast between the hours of 6:00 
                                p.m. and midnight;
                                    ``(VI) such low power station 
                                includes as part of the common local 
                                programming broadcast under subclause 
                                (V) a substantial amount of 
                                particularized local content;
                                    ``(VII) such low power station 
                                maintains a broadcast studio in the 
                                station's community of license;
                                    ``(VIII) such low power station 
                                files with the Commission a quarterly 
                                disclosure of all programming broadcast 
                                under subclause (V) during the period 
                                covered by the disclosure, which--
                                            ``(aa) shall include a 
                                        separate list of programming 
                                        included under subclause (VI) 
                                        with a detailed explanation of 
                                        how programming satisfies the 
                                        requirements of subclause (VI); 
                                        and
                                            ``(bb) the Commission shall 
                                        make publicly available; and
                                    ``(IX) when developing the 
                                programming described in subclauses (V) 
                                and (VI), or any public service 
                                announcement broadcast on such low 
                                power station, such low power station 
                                consults with community leaders and 
                                members of the general public in the 
                                market served by the station.
                            ``(iii) Petition and determination.--Not 
                        later than 90 days after a television broadcast 
                        station submits to the Commission a petition 
                        for a determination that such station is a 
                        qualified low power station under this 
                        subparagraph, the Commission shall--
                                    ``(I) if the Commission finds that 
                                the requirements of clause (ii) are met 
                                with respect to such station, grant 
                                such petition; or
                                    ``(II) if the Commission finds that 
                                the requirements of clause (ii) are not 
                                met with respect to such station, deny 
                                such petition.
                            ``(iv) Annual certification.--
                                    ``(I) In general.--Beginning on the 
                                date that is 1 year after the date on 
                                which a qualified low power station 
                                under this subparagraph is first 
                                carried on a cable system under 
                                subsection (c)(2), and annually 
                                thereafter, such station shall submit 
                                to the Commission a certification 
                                that--
                                            ``(aa) the requirements of 
                                        clause (ii) are met with 
                                        respect to such station; and
                                            ``(bb) such station commits 
                                        to the Commission that the 
                                        requirements of clause (ii) 
                                        will continue to be met with 
                                        respect to such station during 
                                        the 1-year period beginning on 
                                        the date of the certification.
                                    ``(II) Failure to certify.--If a 
                                qualified low power station under this 
                                subparagraph fails to submit a 
                                certification as required by subclause 
                                (I), the Commission may revoke the 
                                determination that such station is a 
                                qualified low power station under this 
                                subparagraph.
                                    ``(III) Schedule and 
                                administration.--Not later than 30 days 
                                after the date of the enactment of this 
                                subparagraph, the Commission shall by 
                                order establish the schedule and 
                                administration of the schedule for and 
                                other requirements relating to the 
                                administration of the certifications 
                                required by this clause.
                            ``(v) Grounds for revocation of 
                        determination.--The Commission may not revoke a 
                        determination that a television broadcast 
                        station is a qualified low power station under 
                        this subparagraph except--
                                    ``(I) as provided in clause 
                                (iv)(II); or
                                    ``(II) if the requirements of 
                                clause (ii) are no longer met with 
                                respect to such station.''.
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