[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 449 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 449
To amend the Communications Act of 1934 to require radio and television
broadcasters to provide free broadcasting time for political
advertising.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 1993
Mr. Bliley introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to require radio and television
broadcasters to provide free broadcasting time for political
advertising.
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 ``Political Broadcasting Access Act of
1993''.
SEC. 2. ALLOCATION TO POLITICAL PARTIES OF FREE BROADCAST TIME FOR
POLITICAL ADVERTISING.
(a) Condition of License Renewal.--Section 309(h) of the
Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting
before the period at the end thereof the following: ``; and (4) every
broadcast station license issued under this Act shall be subject to the
free broadcast time obligations imposed by section 315(c)''.
(b) Free-Time Obligations.--Section 315 of the Communications Act
of 1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) Each license for a broadcasting station shall annually
make available free broadcast time for political advertising in
accordance with the requirements of this subsection. The Commission
shall not renew the license of any licensee who substantially fails or
refuses to comply with the requirements of this subsection, but such
licensee shall not be subject to any other sanction or remedy for such
failure or refusal.
``(2) A licensee subject to this subsection shall allot free
broadcast time to each qualified political party in accordance with the
following standards:
``(A) Such licensee shall allot an equal amount, but not
less than 2 hours, of free broadcast time annually to--
``(i) the national organization of each qualified
political party; and
``(ii) the State organization of each qualified
political party of the State within which the
preponderance of the station's audience resides.
``(B) The 2 or more hours of free broadcast time allotted
to any organization under subparagraph (A) shall be composed of
units of varying lengths of not more than 5 minutes nor less
than 10 seconds, as determined by negotiation between such
organization and the licensee.
``(C) The broadcast time allotted by any licensee shall be
allotted so that--
``(i) at least one-half is broadcast during the
hours of 7 to 10 p.m. on weekdays;
``(ii) during any even numbered year, at least two-
thirds is broadcast during the two months immediately
preceding election day and at least one-half is
broadcast during the three weeks immediately preceding
election day;
``(iii) each national organization of a qualified
political party is allotted free broadcast time that is
comparable, by time of day and day of week, to the time
allotted to other such national organizations, and each
State organization of a qualified political party is
allotted free broadcast time that is comparable, by
time of day and day of week, to the time allotted to
other such State organizations.
``(3) A political party shall be treated as a qualified political
party for purposes of paragraph (2)(A) if the candidate for President
of such party in the most recent presidential election received more
than 5 percent of the total number of votes cast by individuals for
that office, except that, in the case of any political party whose
candidate (as described in subparagraph (A) or (B)) received less than
33\1/3\ percent of such total votes, the amount of free broadcast time
required to be allotted under clause (i) or (ii) of paragraph (2)(A)
shall be reduced by 0.4 hours for each percent of such vote received
that is less than 33\1/3\ percent.
``(4) A licensee allots free broadcast time as required by this
subsection by broadcasting the statements, presentations,
announcements, or other sounds or visual images requested to be
broadcast by a political organization without remuneration or
compensation in any form, whether by public or private funds, tax
deduction or credit, or otherwise.
``(5) Nothing in this subsection, and no use of free broadcast time
allotted under this subsection, shall be construed to restrict or
otherwise affect the purchase of advertising time under subsection (b)
of this section.''.
SEC. 3. FREE CABLE TIME.
Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) A cable operator shall annually make available free cable
time for political advertising in accordance with the requirements of
regulations prescribed by the Commission. Such regulations shall, to
the extent practicable, require each such cable operator to provide
such free cable time in the same amounts and manner, to the same
eligible political organizations, and subject to the same conditions as
free broadcast time is required to be provided by broadcast station
licensees under section 315(c) of this Act. No franchise authority
shall renew the franchise of any cable operator that fails to comply
with such regulations, but such operator shall not be subject to any
other sanction or remedy for such failure or refusal.''.
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