Digital Television Accountability and Governance Enhancement Act of 2005 or the DTV-AGE Act - Amends the Communications Act of 1934 to reduce broadcast station initial license and renewal terms to three years.
Revises public interest standard provisions to require a station licensee using advanced television spectrum to broadcast multiple channels of programming in the digital television service to establish that program services on such spectrum are in the public interest by meeting specified broadcasting requirements for local civic affairs or qualifying local electoral affairs, independently or locally produced programming, and children's educational programming. Requires at least two public hearings annually to ascertain community needs and interests.
Directs the Federal Communications Commission (FCC) to issue specified final decisions and complete a specified rulemaking proceeding within nine months of enactment of this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2359 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2359
To establish minimum public interest requirements for multi-cast
digital television channels.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2005
Ms. Watson (for herself, Mr. Hinchey, Mr. Sanders, and Ms. Slaughter)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To establish minimum public interest requirements for multi-cast
digital television channels.
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 ``Digital Television Accountability
and Governance Enhancement Act of 2005'' or the ``DTV-AGE Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The broadcast airwaves are an extremely valuable public
resource. If television broadcast licensees had to pay for
their access to spectrum, it could generate in excess of $750
billion for the public treasury. Research by the Federal
Communications Commission (FCC) has found that the typical
profit margin for a local broadcast station is around 40
percent--four to five times higher than the typical Fortune 500
company.
(2) The Communications Act of 1934 requires the FCC and
broadcast licensees to promote the public interest. As public
trustees, over-the-air television broadcast licensees have been
granted the unique privilege of using a scarce public asset--
the airwaves--for free in exchange for their promise to serve
the public interest, convenience and necessity.
(3) In 1969, the Supreme Court declared that ``it is the
purpose of the First Amendment to preserve an uninhibited
marketplace of ideas in which truth will ultimately prevail,
rather than to countenance monopolization of the market,'' and
thus, it is ``the right of the viewers and listeners, not the
right of the broadcasters, which is paramount''.
(4) Over the past two decades, deregulation in the
telecommunications sector has led to rapid consolidation of
media ownership. Five companies now own the broadcast networks,
control 90 percent of the top 50 cable networks, produce three-
quarter of all prime time programming, and control 70 percent
of the prime time television market share.
(5) The drastic media consolidation has greatly diminished
the television broadcast licensee's performance of public
interest obligation and its ability to foster diversity,
competition, and localism in the media market.
(6) An October 2003 analysis of seven media markets shows
that just 0.4 percent of television programming is devoted to
local public affairs. By contrast, 14.4 percent is paid
programming such as infomercials, 9.9 percent is reality or
game shows and 7.9 percent is sporting events. In addition,
most of the local public affairs programming airs on weekend
mornings, at times with lower television viewership.
(7) The percentage of independently produced pilots and new
series on the four national broadcast networks has declined
from 87.5 percent in 1990 to 22.5 percent in 2002.
(8) A survey of evening news broadcasts of 44 local
affiliates of broadcasters in 11 markets prior to the 2004
election showed that only eight percent of such broadcasts
contained a story about a local candidate race. In contrast,
eight times more coverage went to stories about accidental
injuries, and 12 times more coverage to sports and weather.
Nineteen percent of the stories focused on voting issues such
as the location of polling stations, absentee ballot
information and reports on early voting efforts. Just under
five percent of the stories focused on local and statewide
ballot initiatives.
(9) A study of the 2000 election found that 60 percent of
debates among gubernatorial, senatorial and congressional
candidates were not televised. Another 19 percent appeared only
on public or independent stations.
(10) Local television broadcasters claim to have
contributed $9.6 billion worth of community service in 2003.
However, $5.6 billion of that came from public service
announcements, and an additional $2.3 billion came from
fundraisers for charitable causes. Among the public service
announcements, roughly one-quarter featured the stars of the
networks' own prime time shows, thereby advancing the networks'
own commercial interests.
(11) Since the mid-1980s, Congress and the FCC have played
major roles in the development of digital television, which
provides sharper pictures, a wider screen, CD-quality sound,
better color rendition and simultaneous transmission of
multiple video programming in standard definition television
(SDTV) or a single program of high definition television
(HDTV). It allows the same kind of digitally-based services
offered by cable and satellite television providers and
provides a more efficient use of the radio-frequency spectrum
than traditional analog television, thereby conserving
bandwidth.
(12) In 1997, the FCC decided to grant existing, full-power
television stations additional spectrum to facilitate the
transition from analog to digital television. The Balanced
Budget Act of 1997 set the deadline for such transition by
stating that ``a broadcast license that authorizes analog
television service may not be renewed to authorize such service
for a period that extends beyond December 31, 2006''.
(13) In 2004, Congress passed the Intelligence Reform and
Terrorism Prevention Act of 2004, which included the sense of
Congress that ``Congress must act to pass legislation in the
first session of the 109th Congress that establishes a
comprehensive approach to the timely return of analog broadcast
spectrum as early as December 31, 2006'' and that any delay
will ``delay the ability of public safety entities to begin
planning to use this needed spectrum''.
(14) As of March 10, 2005, there were 1,373 commercial and
public stations broadcasting digital signals in 211 markets,
representing about 86 percent of the nation's approximately
1,600 television stations. The 211 markets currently receiving
digital television transmissions cover over 99 percent of U.S.
television households.
(15) In 1997, President Clinton established an Advisory
Committee on Public Interest Obligations of DTV Broadcasters,
to make recommendations on how DTV licensees should serve the
public interest in exchange for free access to digital
spectrum. The Committee submitted a set of ten recommendations
to the FCC, Congress and the Administration and the broadcast
industry in 1998.
(16) On December 15, 1999, the FCC opened a Notice of
Inquiry proceeding to solicit public comment on public interest
obligations of TV broadcasters as they transition to DTV (MM
Docket No. 99-360). In September 2000, the FCC issued the DTV
Public Interest Form Notice of Proposed Rulemaking (NPRM) which
sought to require television broadcasters (both digital and
analog) to disclose on a quarterly standardized form how they
are serving the public interest (MM Docket No. 00-168).
(17) After more than four years, the FCC has not taken
final action in those proceedings.
(18) On September 9, 2004, the FCC adopted a Report and
Order addressing children's programming obligations for digital
television broadcasters. The FCC required amount of core
educational programming proportionally to the amount of
increased free video programming offered by the broadcaster on
digital multicast channels. The Order also concluded that
commercial limits apply to all digital programming directed at
children 12 years and under, whether the programming is
provided on a free or pay multicast channel.
(19) Congress is currently considering legislative efforts
to address the December 31, 2006 deadline for reclaiming the
analog spectrum.
(20) The transition to digital television offers a profound
opportunity to improve television broadcasters' service to the
public by enhancing the diversity of viewpoints, promoting
civic participation, expanding local and community programming,
and increasing children's programming.
SEC. 3. TERM OF LICENSE.
(a) Amendment.--Section 307(c)(1) of the Communications Act of 1934
(47 U.S.C. 307(c)(1)) is amended by striking ``8 years'' each place it
appears and inserting ``3 years''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective with respect to any license granted by the Federal
Communications Commission after the date of enactment of this Act.
SEC. 4. IMPLEMENTATION OF PUBLIC INTEREST STANDARDS.
Subsection (d) of section 336 of the Communications Act of 1934 (47
U.S.C. 309) is amended to read as follows:
``(d) Implementation of Public Interest Standard.--
``(1) Requirements necessary to license renewal.--Nothing
in this section shall be construed as relieving a television
broadcasting station from its obligation to serve the public
interest, convenience, and necessity. In the Commission's
review of any application for renewal of a broadcast license
for a television station that provides ancillary or
supplementary services, the television licensee shall establish
that all of its program services on the existing or advanced
television spectrum are in the public interest. Any violation
of the Commission rules applicable to ancillary or
supplementary services shall reflect upon the licensee's
qualifications for renewal of its license. Any station licensee
that uses advanced television spectrum to broadcast multiple
channels of programming in the digital television service shall
establish that the program services on such spectrum are in the
public interest by demonstrating compliance with the
requirements of paragraphs (2) and (3).
``(2) Programming obligations of multicasting stations.--
Each broadcast television station licensee providing multiple
channels of programming in the digital television service
shall, in accordance with regulations prescribed by the
Commission under this subsection, provide the following:
``(A) Public affairs requirement.--An amount of
qualifying local civic affairs programming or
qualifying local electoral affairs programming on its
primary channel equal to a total of at least 3 hours
per week, and, on the remainder of the multi-cast
digital channels, a total of at least 3 hours per week
of such programming multiplied by the number of such
remainder channels, except that the licensee shall have
the discretion to determine how to allocate such amount
of programming among such remainder non-primary
channels.
``(B) Independent or locally produced
programming.--An amount of programming on its primary
channel that is independently produced or locally
produced programming equal to not less than 25 percent
of the programming aired during primetime hours on the
primary channel.
``(C) Children's educational programming.--A
minimum of 3 hours per week of children's educational
programming on each of the primary and remaining multi-
cast digital channels, in accordance with section
102(a) of the Children's Television Act of 1990, except
that the licensee shall have the discretion to
determine how to allocate such amount of programming
among the remaining multi-cast digital channels.
``(D) Public hearings.--At least 2 public hearings
per year to ascertain the needs and interest of the
communities they serve, one of such hearings taking
place at least 2 months prior to the date of
application for license issuance or renewal.
``(E) FCC reports.--A report quarterly to the
Commission on how the ascertainment of such needs and
interests has led to public interest programming in
accordance with this subsection, and describing the
number of hours and the programs or program segments
devoted to local civic affairs programming, independent
or locally produced programming, and children's
educational programming (as required by subparagraphs
(A), (B), and (C)). The report shall be made available
to the public and the Commission no later than 30 days
after the end of the quarter, by placing a copy in the
station's public file, posting a copy in the station's
website (if it has one), with a prominent and clearly
identified link on the home page of the website, and
filling it with the Commission.
``(3) Definitions.--As used in this subsection:
``(A) Primary channel.--The term `primary channel'
means the over-the-air channel that the station
licensee designates or determines as the primary video
signal of that station for purposes of section 614
(must-carry).
``(B) Qualifying local civic affairs programming.--
The term `qualifying local civic affairs programming'
means local civic programming that is designed to
provide the public with information about local issues.
Local civic programming includes broadcasts of
interviews with, or statements by, elected or appointed
officials and relevant policy experts on issues of
importance to the community, government meetings,
legislative sessions, conferences featuring elected
officials, and substantive discussions of civic issues
of interest to local communities or groups.
``(C) Qualifying local electoral affairs
programming.--The term `qualifying local electoral
affairs programming' means programming that consists of
candidate-centered discourse focusing on the local,
State, and Federal races for public offices to be
elected by a constituency within the licensee's
broadcast area. Local electoral affairs programming
includes broadcasts of candidate debates, interviews,
or statements, as well as substantive discussions of
ballot measures that will be put before the voters in a
forthcoming election. Programming that focuses on the
`horserace' aspects of an election does not qualify as
local electoral affairs programming. Programming that
is primarily concerned with the political strength or
viability of a candidate or ballot issue; that focuses
on a candidate or ballot issue's status in relation to
polling data, endorsements or fundraising totals; or
discusses an election in terms of who is winning or
losing is considered to be focused on such `horserace'
aspects.
``(D) Exclusions from definitions.--Public service
announcements and paid political advertisements shall
not be treated as qualifying local civic affairs
programming or qualifying local electoral affairs
programming.
``(E) Additional qualification requirements.--Local
civic and electoral affairs programming must meet the
following qualification requirements in order to be
counted towards the 3 hour minimums under paragraph
(2)(A):
``(i) The programming must be aired between
7:00 a.m. and 11:35 p.m., with at least 50
percent of that programming being aired between
5:00 p.m. and 11:35 p.m., Monday through
Friday, and between 7:00 a.m. and 12:00 p.m.,
Saturday and Sunday mornings.
``(ii) At least 75 percent of the required
minimum must be `first-run programming' by the
licensee. For purposes of this clause, `first-
run programming' means a program which has
never before been distributed by a broadcast
licensee and which will be distributed for the
first time by the licensee.
``(iii) A licensee holding multiple
licenses within the same area (as defined by
the Commission's rules permitting multiple
ownership) may not fulfill its requirements by
duplicating original `first run' programming on
its stations.
``(iv) Programming that is aired during
regularly scheduled newscasts on the primary
channel that otherwise meets the definition of
qualifying local civic affairs programming or
qualifying local electoral affairs programming
may be counted towards the licensee's weekly
minimum, up to 30 minutes per week.
``(F) Independently produced or locally produced
programming.--
``(i) The term `independently produced or
locally produced programming' means programming
produced by an entity not owned or controlled
by an owner of a national television network.
``(ii) If an owner of a national television
network owns or controls more than a one-third
financial interest in the program, acts as the
distributor of such program in syndication, or
owns the copyright in such program, the owner
of a national television network shall be
considered to be the producer of that program
for the purposes of this section. A program
cross-licensed by one network entity to another
network entity shall not be considered
independent or locally produced programming.
``(iii) Programming that meets the
definition of qualifying local civic or
electoral affairs programming shall not be
included as independently produced or locally
produced programming under this
subparagraph.''.
SEC. 5. COMMISSION ACTION REQUIRED.
The FCC shall, consistent with the amendment made by section 4,
within 9 months after the date of enactment of this Act--
(1) issue a final decision in the Matter of Public Interest
Obligations of TV Broadcast Licensees, MM Docket No. 99-360;
(2) issue a final decision in the Matter of Standardized
and Enhanced Disclosure Requirements for Television Broadcast
Licensee Public Interest Obligations, MM Docket No. 00-168; and
(3) complete a rulemaking proceeding to determine how the
broadcast licensees may utilize distribution and promotion
mechanisms, such as personal video recorders, video-on-demand,
and electronic program guides, to make available and promote
local civic and electoral affairs programming.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Telecommunications and the Internet.
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