S 2215 IS

To clarify the treatment of nonprofit entities as noncommercial educational or public broadcast stations under the Communications Act of 1934.

March 8, 2000

Mr. HUTCHINSON introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To clarify the treatment of nonprofit entities as noncommercial educational or public broadcast stations under the Communications Act of 1934.

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 Eligibility Act of 2000'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The Federal Communications Commission has attempted to provide guidelines for educational religious programming for noncommercial educational television stations.

(2) Any action defining acceptable religious educational speech violates the provisions of the first amendment to the Constitution of the United States regarding freedom of speech, free exercise of religion, and the establishment of religion.

(3) Broadcasters should be free to engage in any type of religious speech without fear of adverse governmental action.

(4) The Federal Communications Commission should not engage in the regulation of religious speech on noncommercial educational television stations.

(5) A nonprofit corporation should be eligible to operate a noncommercial educational television or radio station if a majority of the programming of the station is substantially related to any tax exempt purpose under section 501(c)(3) of the Internal Revenue Code of 1986.

SEC. 3. CLARIFICATION OF TREATMENT OF NONPROFIT ENTITIES AS NONCOMMERCIAL EDUCATION OR PUBLIC BROADCAST STATIONS.

(a) IN GENERAL- The Federal Communications Commission shall treat a nonprofit private foundation, corporation, or association as a noncommercial educational broadcast station or public broadcast station for purposes of section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)) if the majority of the radio or television programming broadcast, or proposed to be broadcast, by such foundation, corporation, or association is substantially related to a tax-exempt purpose under section 501(c)(3) of the Internal Revenue Code of 1986.

(b) DETERMINATION OF SUBSTANTIAL RELATION- In determining under subsection (a) whether the radio or television programming broadcast, or proposed to be broadcast, by a foundation, corporation, or association is substantially related to a tax-exempt purpose of the foundation, corporation, or association, the Federal Communications Commission shall use the standards used for such determination by the Internal Revenue Service under subsections (a) and (c) of section 513 of the Internal Revenue Code of 1986.

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