A bill to amend the Communications Act of 1934 to ensure compliance with the public interest standard of that Act in the issuance, renewal, and transfer of broadcasting licenses, and for other purposes.
Broadcast License Reform Act of 1987 - Amends the Communications Act of 1934 to express the policy of the United States that television and radio station licensees should provide meritorious service responsive to the issues, problems, and concerns of their service areas.
Requires the Federal Communications Commission, in reviewing applications for the renewal of a license, to grant the application if it finds that during the most recent full-term license period: (1) the licensee has provided meritorious service responsive to the problems of the residents of its service area; (2) no serious violation by the licensee of such Act or the rules, regulations, or policies established under it has occurred; and (3) no other violations by the licensee of such Act or the rules established under it have occurred which, taken together, constitute a pattern of abuse.
Authorizes the Commission, if a licensee fails to meet the requirements of the broadcast license renewal procedure, to deny the renewal application or to grant a renewal subject to terms and conditions appropriate for particular circumstances, including renewal for less than the maximum term permitted.
Authorizes a licensee, in determining which problems to address and what programming or material to broadcast, to consider: (1) the composition of its audience; (2) the number of other radio or television stations serving its service area; and (3) the degree to which the programming and material broadcast by those stations have addressed the problems of the residents of its service area.
Requires the Commission to accept the licensee's judgments concerning: (1) the issues addressed; and (2) the nature, duration, frequency, and scheduling of responsive programming and other material, if the Commission finds such judgments were reasonable and were made in good faith.
Requires the Commission, if it determines that a licensee has failed to meet the requirements for a license renewal and that no mitigating factors justify lesser sanctions, to: (1) issue an order denying the application of renewal; and (2) thereafter accept and consider applications for a construction permit that are filed for the broadcasting facilities of the former licensee.
Prohibits the Commission, in making such determination, from considering whether the public interest, convenience, and necessity might be served by the grant of a license to a competing applicant.
Sets forth requirements for the licensee to maintain records of programming and other broadcast material during the term of the license.
Directs the Commission, in its regulations describing the records a licensee must maintain, to: (1) specify the information to be maintained in the records; (2) specify the procedures for licensees to make such records available for public inspection, to make corrections or additions, to prevent improper tampering or alteration, and to certify the accuracy of such records; and (3) prohibit the introduction in any proceeding, concerning the renewal of a license, of evidence concerning programming or other broadcast material that is not entered in such records and certified in accordance with such procedures.
Requires the Commission, in each calendar year, to randomly select for review five percent of the applications for renewal of broadcast station licenses.
Requires the Commission, if during the consideration of a petition to deny an application a substantial and material question of fact which it cannot resolve is presented (currently, a substantial and material question of fact is presented), or if the Commission is unable to find that granting the application would be consistent with serving the public interest, to: (1) conduct a further investigation; (2) permit the petitioner and the applicant to present further evidence or argument; or (3) proceed to designate the application for hearing.
Requires the Commission, within 90 days after the filing of an applicant's reply to a petition to deny, to: (1) issue an order granting the application; (2) designate the application for hearing; or (3) extend the 90-day period for such additional time as it determines to be necessary for a further investigation or to permit the petitioner to provide further evidence. Requires the Commission's annual report to identify the instances in which extensions are granted and to specify the reasons for each such extension.
Requires the petition to deny to contain a statement on whether the petitioner, before filing the petition, had attempted to resolve with the applicant the issues presented.
Requires the Commission to establish procedures for the conduct of a hearing for a license that will encourage the use of written materials as substitutes for oral testimony and argument.
Prohibits an applicant and any other person, if an application is pending for a license or license renewal, to make an agreement whereby the other person withdraws or withholds a petition to deny in exchange for the payment or promise of money by or on behalf of the applicant. Exempts from such prohibition amounts legitimately expended for preparing, filing, or advocating the petition to deny if a statement disclosing the payments is filed with the Commission.
Requires any radio or television broadcasting station licensee and any corporation, partnership, association, joint-stock company, or trust engaged primarily in the management or operation of any such licensee to establish, maintain, and execute an equal employment opportunity program. Sets forth certification and reporting requirements with respect to the programs of such entities with more than five full-time employees. Requires the Commission, at least every five years, to investigate the employment practices of each of such entities to determine compliance with program requirements. Establishes penalties for failing to comply with such requirements. Permits employees or applicants for employment who believe they have been discriminated against in violation of program requirements to file a complaint with the FCC. Requires FCC regulations to specify procedures for investigating such complaints and enforcing program requirements.
Requires the Commission to grant enhancement credits to any broadcast station license or construction permit applicant in which the majority interest is owned by women or members of a minority group, except when such license or permit is to be granted through a system of random selection.
Prohibits the Commission from prescribing any rule, regulation, or policy with respect to distress sales of broadcast stations to a minority-controlled entity or with respect to Commission certifications concerning the sale or exchange of property necessary to effectuate Commission policies if such rule, regulation, or policy fails to comply with the Statement of Policy on Minority Ownership of Broadcast Facilities published by the Commission on May 25, 1978. Directs the Commission to prescribe rules to treat applicants controlled by women as minority-controlled applicants for purposes of such provisions.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Telecommunications and Finance.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line