To require the Federal Communications Commission to revise its television duopoly rules to require public comment on certain local marketing agreements.

Requires the Federal Communications Commission to revise its television contour overlap (duopoly) rule to: (1) treat as an attributable interest any agreement to broker more than 15 percent of the broadcast time per week of a television station to any party (including all parties under common control) who owns, operates, or controls an overlapping television station; (2) require any such agreement to be a signed written instrument that is maintained in the public file of the stations that are parties to it and that is available for public inspection; and (3) permit, after notice and public comment, waivers of such rule for such agreements if the Commission determines that it is consistent with the public interest, convenience, and necessity.

Requires two television stations to be treated as overlapping stations if the Grade B contours of such stations signal overlap.

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3623 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3623

    To require the Federal Communications Commission to revise its 
  television duopoly rules to require public comment on certain local 
                         marketing agreements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 1996

    Mr. Farr of California introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To require the Federal Communications Commission to revise its 
  television duopoly rules to require public comment on certain local 
                         marketing agreements.

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

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) local marketing agreements for television stations 
        should be a method for stations to maintain both their 
        operations and their independence in times of need;
            (2) local marketing agreements for television stations have 
        in practice involved comprehensive agreements turning over most 
        operations and control over sales and revenue of one station to 
        another entity;
            (3) such agreements may jeopardize the independence of 
        television stations and media diversity in small markets; and
            (4) current rules of the Federal Communications Commission 
        for local marketing agreements for television stations do not 
        take into account a station's independence, the effect on small 
        media markets, or the need for input from the public.

SEC. 2. REVISION OF DUOPOLY RULES REQUIRED.

    (a) Rule Changes Required.--The Federal Communications Commission 
shall revise section 73.3555(b) of its rules (47 C.F.R. 73.3555(b))--
            (1) to treat as an attributable interest any agreement to 
        broker more than 15 percent of the broadcast time per week of a 
        television station to any party (including all parties under 
        common control) who directly or indirectly owns, operates, or 
        controls an overlapping television station;
            (2) to require that any such agreement be a signed written 
        instrument that is maintained in the public file of the 
        stations that are parties to the agreement and is available for 
        public inspection; and
            (3) to permit, after notice and public comment, waivers of 
        such rule for agreements described in paragraph (1) if the 
        Commission determines that such waiver is consistent with the 
        public interest, convenience, and necessity.
    (b) Overlapping Station Definition.--For purposes of subsection 
(a), two television stations shall be treated as overlapping stations 
in the Grade B contours of such stations signal overlap, as determined 
under section 73.3555 of the Commission's rules.
                                 <all>