Diversification in Broadcast Ownership Act of 1989

Diversification in Broadcast Ownership Act of 1989 - Amends the Communications Act of 1934 to require the Federal Communications 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.

 
58925 [UPDATE]
HR 248 IH
101st CONGRESS
1st Session
 H. R. 248
To amend the Communications Act of 1934 to provide for greater participation
of women and minorities in telecommunications.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. LELAND introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to provide for greater participation
of women and minorities in telecommunications.
  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 `Diversification in Broadcast Ownership Act
  of 1989'.
SEC. 2. FINDINGS AND PURPOSES.
  The Congress hereby finds that--
  (1) female and minority Americans are and historically have been severely
  underrepresented in the ownership of telecommunications facilities;
  (2) this underrepresentation is the result of historic and vestigial
  discrimination in American society;
  (3) full participation by women and minorities in the ownership and
  management of broadcast facilities is essential to realizing the fundamental
  goals of diversity of viewpoint and diversification of ownership which
  are at the heart of the first amendment; and
  (4) remedying the underrepresentation of women and minorities in broadcasting
  will enhance diversity of viewpoint and programming content.
SEC. 3. COMPARATIVE MERIT.
  (a) AMENDMENT TO THE COMMUNICATIONS ACT OF 1934- Section 309 of the
  Communications Act of 1934 (47 U.S.C. 309), is amended by adding at the
  end thereof the following new subsection:
  `(j)(1) The Commission shall establish rules and procedures to ensure that
  in the granting of any broadcast station license or construction permit
  for which there is more than one application--
  `(A) a significant enhancement credit shall be granted to any applicant
  the majority interest in which is owned by one or more women; and
  `(B) an enhancement credit, greater than that provided under subparagraph
  (A), shall be granted to any applicant the majority interest in which is
  owned by one or more members of a minority group (as defined in subsection
  (i)(3)(C)(ii)).
  `(2) The Commission may require each qualified applicant seeking an
  enhancement credit under paragraph (1) to submit to the Commission
  such information as may be necessary to enable the Commission to make a
  determination regarding whether such applicant shall be granted enhancement
  credit. Such information shall be submitted in such form, at such time,
  and in accordance with such procedures, as the Commission may require.
  `(3) The preceding provisions of this subsection shall not apply with
  respect to any license or permit to be granted through the use of a system
  of random selection in accordance with subsection (i).'.
  (b) RULES AND PROCEDURES- The Commission shall prescribe and make effective
  the rules and procedures required under the amendment made by subsection (a)
  not later than 180 days after the date of the enactment of this Act. Such
  rules and procedures shall apply to the applications for licenses and
  construction permits which are designated for hearing on or after the
  effective date of such rules.
  (c) EFFECTIVE DATE- The amendments made by this section shall take effect
  180 days after the date of the enactment of this Act.
SEC. 4. OWNERSHIP OF BROADCAST STATIONS BY MINORITIES AND WOMEN.
  (a) MINORITY OWNERSHIP- (1) The Federal Communications Commission shall
  not prescribe any rule, regulation, or policy--
  (A) with respect to the granting of certificates under section 1071 of
  the Internal Revenue Code of 1986; or
  (B) with respect to distress sales of broadcast stations to an entity
  controlled by a member or members of a minority group;
that fails to comply with the minority ownership policy established by the
Commission on May 25, 1978, in its Statement of Policy on Minority Ownership
of Broadcast Facilities (68 F.C.C. 2nd 979; 69 F.C.C. 2nd 1591).
  (2) Regulations of the Commission with respect to distress sales of
  minority-controlled broadcast stations as in effect on September 1, 1986,
  shall, for purposes of paragraph (1), be considered to comply with the
  minority ownership policy described in such subsection.
  (b) OWNERSHIP BY WOMEN- The Federal Communications Commission shall
  prescribe such rules, regulations, and policies as may be necessary to
  accord to applicants that are controlled by a woman or women the same
  treatment as is accorded to applicants that are controlled by a member or
  members of a minority group--
  (1) with respect to the granting of certificates under section 1071 of
  the Internal Revenue Code of 1986; or
  (2) with respect to distress sales of broadcast stations to an entity
  controlled by a woman or women.