Section 331 Obligation Clarification Act
Bill: S.2220 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Science, Technology, Communications

Summary:
Section 331 Obligation Clarification Act
This bill specifies that certain service obligations owed by the licensee of a commercial television broadcast station apply regardless of the broadcast frequency used by the licensee.
Specifically, the bill provides that a licensee making a change from a very high frequency (VHF) broadcast station to an ultrahigh frequency (UHF) broadcast station must ensure the change does not affect its obligation to provide service to its customers. The bill also requires such a licensee to (1) broadcast at least 14 hours of common local programming per week, (2) include a substantial amount of particularized local content, and (3) maintain a studio in the station's community.
The bill further provides for the reallocation of a station to a community where there is no VHF or UHF station.
The Government Accountability Office must examine and report on the process used by the Federal Communications Commission for renewing broadcast television licenses to determine if that process meets specified obligations. In particular, the GAO must review how the process relates to television broadcast stations with specific obligations to serve the needs of their local communities.

To amend the Communications Act of 1934 to clarify the obligations of 
    licensees under section 331 of that Act, 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 ``Section 331 Obligation Clarification 
Act''.

SEC. 2. LICENSEE REQUIREMENTS.

    (a) In General.--Section 331 of the Communications Act of 1934 (47 
U.S.C. 331) is amended by striking subsection (a) and inserting the 
following:
    ``(a) Television Stations in Underserved States.--
            ``(1) Channel allocation.--
                    ``(A) Commission policy.--It shall be the policy of 
                the Commission to allocate channels for commercial 
                television broadcasting in a manner which ensures that 
                not less than 1 very high frequency channel and not 
                less than 1 ultra high frequency channel shall be 
                allocated to each State, if technically feasible.
                    ``(B) Reallocation of very high frequency channels 
                and ultra high frequency channels.--In any case in 
                which a licensee of a very high frequency commercial 
                television broadcast station or an ultra high frequency 
                commercial television broadcast station notifies the 
                Commission to the effect that such licensee will agree 
                to the reallocation of its channel to a community 
                within a State in which, at the time of such 
                notification, there is allocated no very high frequency 
                commercial television broadcast channel or ultra high 
                frequency commercial television broadcast channel, as 
                applicable, the Commission shall, notwithstanding any 
                other provision of law, order such reallocation and 
                issue a license to such licensee for that purpose under 
                section 307.
            ``(2) Licensee requirements.--A licensee of a commercial 
        television broadcast station that receives a license under 
        section 307 based on the notification provided under paragraph 
        (1)(B) (or, with respect to a license received before the date 
        of enactment of the Section 331 Obligation Clarification Act, 
        based on the notification provided under the second sentence of 
        this subsection, as in effect before that date of enactment), 
        or to which any such license is transferred, shall--
                    ``(A) broadcast on the channel of the licensee 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;
                    ``(B) include as part of the common local 
                programming broadcast under subparagraph (A) a 
                substantial amount of particularized local content;
                    ``(C) maintain a broadcast studio in the station's 
                community of license for each license so received or 
                transferred;
                    ``(D) file with the Commission a regular disclosure 
                of all programming broadcast under subparagraph (A) 
                during the period covered by the disclosure, which--
                            ``(i) shall include a detailed explanation 
                        of how that programming satisfies the 
                        requirements of that subparagraph; and
                            ``(ii) the Commission shall make publicly 
                        available; and
                    ``(E) when developing the programming described in 
                subparagraph (A), including the particularized local 
                content required under subparagraph (B), take steps to 
                determine the programming needs of the community to 
                which the channel is allocated, which may include 
                consulting with community leaders and members of the 
                general public in that community.
            ``(3) Effect of changes to ultra high frequency station.--
        If the station of a licensee described in paragraph (2) changes 
        from a very high frequency commercial television broadcast 
        station to an ultra high frequency commercial television 
        broadcast station--
                    ``(A) the licensee shall ensure that the change 
                does not affect any special service obligation imposed 
                on the licensee--
                            ``(i)(I) with respect to a licensee that 
                        receives the license before the date of 
                        enactment of the Section 331 Obligation 
                        Clarification Act, pursuant to the terms of 
                        that license; or
                            ``(II) with respect to a licensee that 
                        receives the license on or after the date of 
                        enactment of the Section 331 Obligation 
                        Clarification Act, because of the fact that the 
                        licensee received the license pursuant to 
                        paragraph (1)(B); and
                            ``(ii) without regard to whether the 
                        Commission imposed the obligation--
                                    ``(I) by rule or order; or
                                    ``(II) as part of the grant or 
                                renewal of the license; and
                    ``(B) the Commission may not directly or indirectly 
                reduce or eliminate the special service obligation 
                described in subparagraph (A) because of that change.
            ``(4) Definition.--In this subsection, the term 
        `particularized local content' means programming--
                    ``(A) aired on a commercial television broadcast 
                channel by a licensee described in paragraph (2); and
                    ``(B) that--
                            ``(i) has specific, articulable, and 
                        particularized appeal for the community to 
                        which the channel described in subparagraph (A) 
                        is allocated (as described in paragraph (2)) 
                        that is separate and distinct from the general 
                        national or general local television market 
                        appeal;
                            ``(ii) includes news or public affairs 
                        information about the State, or the region of 
                        the State, in which the community described in 
                        clause (i) is located; and
                            ``(iii) is responsive to the unique 
                        concerns of the community described in clause 
                        (i) as part of a State that lacks a television 
                        market that is centered in that State.''.
    (b) Rulemaking; GAO Report.--
            (1) Definitions.--In this subsection--
                    (A) the term ``Commission'' means the Federal 
                Communications Commission; and
                    (B) the term ``section 331'' means section 331 of 
                the Communications Act of 1934 (47 U.S.C. 331), as 
                amended by subsection (a).
            (2) Rules.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall issue final rules 
        to implement the amendments made by subsection (a).
            (3) Requirements.--The rules required under paragraph (2) 
        shall--
                    (A) contain specific procedures and requirements 
                for how an individual who lives in a community to which 
                a commercial television broadcast channel is 
                reallocated in accordance with subsection (a)(1)(B) of 
                section 331 can challenge whether the licensee with 
                respect to that channel has satisfied the requirements 
                of the licensee under section 331, particularly when 
                that licensee seeks to renew the license with respect 
                to that channel;
                    (B) include guidance regarding what type of 
                evidence the Commission shall accept and review in 
                determining whether a licensee described in 
                subparagraph (A) is satisfying the requirements of the 
                licensee under section 331; and
                    (C) ensure that the procedure by which an 
                individual described in subparagraph (A) can 
                participate in the review by the Commission of a 
                licensee described in that subparagraph--
                            (i) is simple and straightforward; and
                            (ii) includes holding community forums as 
                        necessary.
            (4) GAO report.--
                    (A) In general.--Not later than 1 year after the 
                date on which the rules issued under paragraph (2) take 
                effect, the Comptroller General of the United States 
                shall submit to Congress a report that examines the 
                process by which the Commission renews broadcast 
                television licenses to determine if that process 
                adequately meets the obligations of the Commission 
                under the Communications Act of 1934 (47 U.S.C. 151 et 
                seq.), particularly how that process relates to 
                television broadcast stations that have specific 
                statutory or license obligations to serve the needs of 
                the communities in which the stations are located (and 
                the needs of individuals in those communities), 
                including stations licensed under section 331.
                    (B) Contents.--In performing the examination 
                required under subparagraph (A), the Comptroller 
                General of the United States shall examine the 
                following issues:
                            (i) The extent to which the renewal process 
                        described in that subparagraph examines the 
                        needs of the community that a broadcast station 
                        is required to serve.
                            (ii) The extent to which the Commission 
                        considers and weighs any evidence presented 
                        demonstrating that a broadcast station has 
                        failed to meet any applicable legal obligation.
                            (iii) Whether the Commission has clarified 
                        the types of evidence that a concerned local 
                        citizen is required to offer for the Commission 
                        to refuse to renew a license of a broadcast 
                        station under section 309(k)(1) of the 
                        Communications Act of 1934 (47 U.S.C. 
                        309(k)(1)) or section 331, as applicable, based 
                        on the inability or refusal of the broadcast 
                        station to serve the local community with 
                        respect to the station consistent with the 
                        obligations of the licensee.
                            (iv) Whether the Commission has clarified 
                        the types of evidence that a broadcast station 
                        is required to present to establish that the 
                        station is meeting the obligations of the 
                        station under the license granted to the 
                        station.
                            (v) Whether the Commission has clarified 
                        the circumstances under which the Commission 
                        will examine in detail the evidence presented 
                        by a broadcast station to confirm that the 
                        station is in compliance with section 309(k)(1) 
                        of the Communications Act of 1934 (47 U.S.C. 
                        309(k)(1)) and section 331, as applicable.
                            (vi) Whether the Commission has made clear 
                        the circumstances under which the Commission 
                        will revoke the license of a station operating 
                        under special obligations under section 331.
                            (vii) What, if any, enforcement actions or 
                        other investigations the Commission has 
                        undertaken to ensure that broadcast stations 
                        satisfy the requirement under section 309(k)(1) 
                        of the Communications Act of 1934 (47 U.S.C. 
                        309(k)(1)) to serve the public interest.
                            (viii) The impact that the elimination of 
                        what is commonly referred to as the ``Main 
                        Studio Rule'' could have on the special 
                        obligations under section 331.
                            (ix) Whether the Commission has indicated 
                        how the Commission will enforce the obligations 
                        under section 309(k)(1) of the Communications 
                        Act of 1934 (47 U.S.C. 309(k)(1)) and section 
                        331 in consideration of the fact that the 
                        Commission has permitted owners of television 
                        broadcast stations to eliminate the main studio 
                        of those stations in the community of license.
    (c) Severability.--If any provision of this section, an amendment 
made by this section, or the application of that provision or amendment 
to any person or circumstance is held to be unconstitutional, the other 
provisions of this section, the amendments made by this section, and 
the application of those provisions or amendments to any other person 
or circumstance shall not be affected by that holding.
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