Broadcasting Public Responsibility and Deregulation Act of 1984 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from restricting the amount, length, or frequency of commercial announcements broadcast by a commercial radio or television broadcast station licensee.
Directs the Commission to require a licensee to ascertain the problems, needs, and interests of the residents of its service area and to indicate its programs which address such concerns in public file documentation. Prohibits the Commission from establishing any particular procedure for such ascertainment.
Directs the Commission to require a licensee to maintain program logs sufficient to demonstrate compliance with such Act and to make such logs available for public inspection. Prohibits the Commission from prescribing a particular format for such logs.
Requires the Commission to report to Congress on the amount of each of specified categories of radio programming broadcast by commercial radio stations in markets of various sizes during the year beginning 30 days after enactment of this Act.
Prohibits the Commission from considering the application of any other person when acting upon any application for renewal of a radio or television broadcast station license. Requires the Commission to grant a licensee's application for renewal if it finds that, during the preceding term of the license: (1) in the case of any television broadcast licensee, the licensee has addressed through its program service the problems, needs, and interests of children, minority groups, elderly individuals, and other residents of its service area; (2) in the case of any other broadcast licensee, the licensee has addressed through its program service the concerns of residents of its service area; (3) the licensee has not committed a serious violation of the Communications Act of 1934; and (4) the licensee has not committed minor violations which could constitute a pattern of abuse.
Directs the Commission to establish public interest programming requirements for television stations based on: (1) whether a station is a very high frequency or an ultra high frequency station; (2) whether a station is affiliated with any major network; (3) the size of the market served by a station; and (4) the amount of specified types of public interest programming broadcast by a station as determined by a station rating system. Provides that such requirements shall: (1) specify the minimum amount of local programs and informational programming required to be broadcast by any television station; and (2) provide for an increase in the amount of both such types of programming broadcast by each category of station after six o'clock ante meridiem and before midnight. Directs the Commission to review the programming broadcast by each television station during calendar year 1983 to determine the amount of such increase. Authorizes the Commission to grant a three-year exception from such requirements to new stations. Prohibits the Commission from requiring stations to broadcast any type or amount of programming in excess of that required by this Act until January 1, 1995. Directs the Commission to report to Congress by such date on the effectiveness of such public interest programming requirements.
Directs the Commission to: (1) require that each television licensee maintain and make publicly available records of its compliance with such requirements; (2) conduct an annual audit of at least 15 percent of all television stations, selected at random, to determine whether a station failed to comply with such requirments; (3) determine whether any complaint alleging that a station has violated such requirements has sufficient basis to justify the initiation of proceedings for imposition of a forfeiture penalty or license revocation against any licensee; and (4) take final agency action on any such proceedings within 180 days after initiation. Directs the Commission to revoke the license of a licensee who has committed two or more violations of such requirements during a five-year period, excluding any violation which the licensee proves: (1) was beyond the licensee's control; (2) occurred because compliance with the requirements would have resulted in extreme hardship; or (3) occurred because of a good faith but erroneous belief that particular programming qualified as public interest programming. Directs the Commission to impose a forfeiture penalty of up to $100,000 for each violation of such requirements. Authorizes the Commission to issue a remedial order requiring the licensee to broadcast public interest programming exceeding otherwise applicable requirements to assure that the licensee has provided the residents of its service area the requisite level of such programming.
Directs the Commission, within 180 days after a petitioner's request, to investigate the basis of a petition to deny an application for license renewal, or to provide reasonable opportunity and means for the petitioner to do so, before deciding whether to designate the matter for hearing, unless: (1) the petitioner has failed to provide sufficient evidence to show that a factual uncertainty may exist regarding the basis for license renewal; and (2) information beyond that contained in the pleading is not required for the Commission to make an informed decision regarding the license renewal. Prohibits such a petitioner and the license applicant, without the Commission's approval, to effectuate an agreement whereby the petitioner withdraws the petition in exchange for something of value from the applicant. Permits the Commission to approve such agreement only if: (1) the agreement is consistent with the public interest, convenience, or necessity; and (2) the petitioner did not file its petition to obtain such agreement.
Authorizes the Commission to revoke a station license or construction permit for: (1) conditions that would warrant the denial of license renewal; (2) willful or repeated violation of fairness doctrine requirements; or (3) failure to comply with public interest programming requirements. Directs the Commission to investigate submitted information indicating a violation which would warrant license revocation and to decide, within 90 days after such information is submitted, whether to order the licensee to show cause why the license should not be revoked.
Requires the Commission to establish rules and procedures to ensure that in the granting of any broadcast station license or construction permit, except when using the random selection system: (1) preference shall be granted to any applicant the majority interest in which is owned by one or more members of a minority group; and (2) stronger preference shall be granted to such an applicant which provides that station operations will be under the direct supervision and management of one or more minority group members having ownership interests. Prohibits the Commission from granting any application for the transfer, assignment, or other disposition of such license or permit for three years after the license or permit is awarded.
Requires any radio or television broadcast station licensee and any person engaged primarily in the management or operation of any such station to establish, maintain, and execute an equal employment opportunity program. Sets forth program terms and requirements, including reporting requirements, with respect to the programs of such entities with more than five full-time employees. Directs the Commission to deny or revoke the license of an station if it finds after notice and hearing that the entity involved has willfully or repeatedly without good cause failed to comply 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 Commission. Requires Commission regulations to specify procedures for investigating such complaints and enforcing program requirements.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Telecommunications, Consumer Protection and Finance.
Subcommittee Hearings Held.
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