HR 4201 PCS

Calendar No. 779

106th CONGRESS

2d Session

H. R. 4201

IN THE SENATE OF THE UNITED STATES

June 21, 2000

Received

July 27, 2000

Read the first time

September 5, 2000

Read the second time and placed on the calendar

AN ACT

To amend the Communications Act of 1934 to clarify the service obligations of noncommercial educational broadcast stations.

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 `Noncommercial Broadcasting Freedom of Expression Act of 2000'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) In the additional guidance contained in the Federal Communication Commission's memorandum opinion and order in WQED Pittsburgh (FCC 99-393), adopted December 15, 1999, and released December 29, 1999, the Commission attempted to impose content-based programming requirements on noncommercial educational television broadcasters without the benefit of notice and comment in a rulemaking proceeding.

(2) In doing so, the Commission did not adequately consider the implications of its proposed guidelines on the rights of such broadcasters under First Amendment and the Religious Freedom Restoration Act.

(3) Noncommercial educational broadcasters should be responsible for using the station to primarily serve an educational, instructional, cultural, or religious purpose in its community of license, and for making judgments about the types of programming that serve those purposes.

(4) Religious programming contributes to serving the educational and cultural needs of the public, and should be treated by the Commission on a par with other educational and cultural programming.

(5) Because noncommercial broadcasters are not permitted to sell air time, they should not be required to provide free air time to commercial entities or political candidates.

(6) The Commission should not engage in regulating the content of speech broadcast by noncommercial educational stations.

SEC. 3. CLARIFICATION OF SERVICE OBLIGATIONS OF NONCOMMERCIAL EDUCATIONAL OR PUBLIC BROADCAST STATIONS.

(a) SERVICE CONDITIONS- Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following new subsection:

`(m) SERVICE CONDITIONS ON NONCOMMERCIAL EDUCATIONAL AND PUBLIC BROADCAST STATIONS-

`(1) IN GENERAL- A nonprofit organization shall be eligible to hold a noncommercial educational radio or television license if the station is used primarily to broadcast material that the organization determines serves an educational, instructional, cultural, or religious purpose (or any combination of such purposes) in the station's community of license, unless that determination is arbitrary or unreasonable.

`(2) ADDITIONAL CONTENT-BASED REQUIREMENTS PROHIBITED- The Commission shall not--

`(A) impose or enforce any quantitative requirement on noncommercial educational radio or television licenses based on the number of hours of programming that serve educational, instructional, cultural, or religious purposes; or

`(B) impose or enforce any other requirement on the content of the programming broadcast by a licensee, permittee, or applicant for a noncommercial educational radio or television license that is not imposed and enforced on a licensee, permittee, or applicant for a commercial radio or television license, respectively.

`(3) RULES OF CONSTRUCTION- Nothing in this subsection shall be construed as affecting--

`(A) any obligation of noncommercial educational television broadcast stations under the Children's Television Act of 1990 (47 U.S.C. 303a, 303b); or

`(B) the requirements of section 396, 399, 399A, and 399B of this Act.'.

(b) POLITICAL BROADCASTING EXEMPTION- Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended by inserting `, other than a noncommercial educational broadcast station,' after `use of a broadcasting station'.

(c) AUDIT OF COMPLIANCE WITH DONOR PRIVACY PROTECTION REQUIREMENTS- Section 396(l)(3)(B)(ii) of the Communications Act of 1934 (47 U.S.C. 396(l)(3)(B)(ii)) is amended--

(1) in subclause (I), by inserting before the semicolon the following: `, and shall include a determination of the compliance of the entity with the requirements of subsection (k)(12)'; and

(2) in subclause (II), by inserting before the semicolon the following: `, except that such statement shall include a statement regarding the extent of the compliance of the entity with the requirements of subsection (k)(12)'.

(d) IMPLEMENTATION- Consistent with the requirements of section 4 of this Act, the Federal Communications Commission shall amend sections 73.1930 through 73.1944 of its rules (47 CFR 73.1930-73.1944) to provide that those sections do not apply to noncommercial educational broadcast stations.

SEC. 4. RULEMAKING.

(a) LIMITATION- After the date of the enactment of this Act, the Federal Communications Commission shall not establish, expand, or otherwise modify requirements relating to the service obligations of noncommercial educational radio or television stations except by means of agency rulemaking conducted in accordance with chapter 5 of title 5, United States Code, and other applicable law (including the amendments made by section 3).

(b) RULEMAKING DEADLINE- The Federal Communications Commission shall prescribe such revisions to its regulations as may be necessary to comply with the amendment made by section 3 within 270 days after the date of the enactment of this Act.

Passed the House of Representatives June 20, 2000.

Attest:

JEFF TRANDAHL,

Clerk.

By Martha C. Morrison,

Deputy Clerk.

Calendar No. 779