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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - July 17, 2001)

The legislation we are introducing takes two important steps. First, it forces the FCC to enforce the current version of the FCC's newspaper -broadcast cross ownership rule. Second, it provides a check on those who might otherwise move quickly to repeal other media ownership limits without regard

[Page: S7824]  GPO's PDF
to the impact of the consequent consolidation on diversity, localism, and competition in the media marketplace.

   I ask unanimous consent that the text of the bill be printed in the RECORD.

   There being no objection, the bill was ordered to be printed in the RECORD, as follows:

S. 1189

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

   SECTION 1. FCC DAILY NEWSPAPER CROSS -OWNERSHIP RULE.

    (a) IMMEDIATE REVIEW.--

    (1) IN GENERAL.--The Federal Communications Commission shall modify section 73.3555(d) of its regulations (47 C.F.R. 73.3555(d)) to provide for the immediate review of a license for any AM, FM, or TV broadcast station held by any party (including all parties under common control) that acquires direct or indirect ownership , operation, or control of a daily newspaper .

    (2) NOTICE TO COMMISSION.--The modification under paragraph (1) shall require that any licensee covered by that paragraph notify the Committee of the acquisition of the ownership , operation, or control of a daily newspaper upon the acquisition of such ownership , operation, or control.

    (b) REMEDIAL ACTION.--The Commission shall further modify section 73.3555(d) of its regulations (47 C.F.R. 73.3555(d)) to require modification or revocation of the license, or divestiture of such ownership , operation, or control of the daily newspaper , unless the Commission determines that direct or indirect ownership , operation, or control of the daily newspaper by that party will not cause a result described in paragraph (1), (2), or (3) of that section.

    (c) 6-MONTH DEADLINE FOR COMPLIANCE.--Under the regulations as modified under subsection (b), if the Commission does not make a determination described in subsection (b), the Commission shall require the modification, revocation, or divestiture to be completed not later than the earlier of--

    (1) the date that is 180 days after the date on which the Commission issues the order requiring the modification, revocation, or divestiture; or

    (2) the date by which the Commission's regulations require the license to be renewed.

    (d) APPLICATION TO EXISTING ARRANGEMENTS.--

    (1) IN GENERAL.--In applying its regulations, as modified pursuant to this section, to any license for an AM, FM, or TV broadcast station that is held on the date of the enactment of this Act by a party that also, as of that date, has direct or indirect ownership , operation, or control of a daily newspaper , the Commission--

    (A) may grant a permanent or temporary waiver from the modification, revocation, or divestiture requirements of the modified regulation if the Commission determines that the waiver is consistent with the principles of competition, diversity, and localism in the public interest; and

    (B) shall not apply the modified regulation so as to require modification, revocation, or divestiture in circumstances in which section 73.3555(d) of the Commission's regulations (47 C.F.R. 73.3555(d)) does not apply because of Note 4 to that section.

    (2) NOTICE TO COMMISSION.--A licensee of a license described by paragraph (1) shall notify the Commission not later than 30 days after the date of the enactment of this Act that the license is covered by paragraph (1).

   SEC. 2. REVIEW BASED ON TRANSACTIONS.

    The Federal Communications Commission shall further modify section 73.3555 of its regulations (47 C.F.R. 73.3555) so that the Commission will determine compliance with section 73.3555(d) of its regulations, as modified by the Commission pursuant to section 1 of this Act, whenever a party (including all parties under common control)--

    (1) that holds a license for an AM, FM, or TV broadcast station acquires direct or indirect ownership , operation, or control of a daily newspaper ; or

    (2) that directly or indirectly owns, operates, or controls a daily newspaper acquires a license for an AM, FM, or TV broadcast station.

   SEC. 3. FCC TO JUSTIFY REPEAL OR MODIFICATION OF REGULATIONS UNDER REGULATORY REFORM.

    Section 11 of the Communications Act of 1934 (47 U.S.C. 161) is amended--

    (1) by redesignating subsection (b) as subsection (c); and

    (2) by inserting after subsection (a) the following new subsection (b):

    ``(b) RELAXATION OR ELIMINATION OF MEDIA OWNERSHIP RULES.--If, as a result of a review under subsection (a)(1), the Commission makes a determination under subsection (a)(2) with respect to its regulations governing multiple ownership (47 C.F.R. 73.3555), then not less than 18 months before the proposed repeal or modification under subsection (c) is to take effect, the Commission shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Commerce of the House of Representatives--

    ``(1) a statement of the proposed repeal or modification; and

    ``(2) an explanation of the basis for its determination, including an explanation of how the proposed repeal or modification is expected to promote competition, diversity, and localism in the public interest.''.

   SEC. 4. DEADLINE FOR MODIFICATION OF REGULATIONS.

    The Federal Communications Commission shall complete the modifications of its regulations required by sections 1 and 2 of this Act not later than 1 year after the date of the enactment of this Act.
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