Eliminating Local News Deserts Act of 2021
This bill requires a cable company operating within a state to carry certain low-power stations under specified conditions.
A cable company must carry such a low-power station if, among other requirements (1) the state has no exclusive, in-state broadcast television market within its boundaries; (2) there are no full-power commercial network affiliates (i.e., ABC, CBS, NBC, and FOX) that are licensed to, and principally operate within, the state; and (3) such low-power station provides a minimum amount of particularized local programming each week.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5393 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5393
To amend the Communications Act of 1934 to provide for mandatory cable
carriage of low power television stations sharing facilities of certain
full power commercial VHF stations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2021
Mr. Payne introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to provide for mandatory cable
carriage of low power television stations sharing facilities of certain
full power commercial VHF stations, and for other purposes.
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 ``Eliminating Local News Deserts Act
of 2021''.
SEC. 2. CARRIAGE OF LOW POWER TELEVISION STATIONS SHARING FACILITIES OF
CERTAIN FULL POWER COMMERCIAL VHF STATIONS.
(a) Carriage Rights.--Section 614(c) of the Communications Act of
1934 (47 U.S.C. 534(c)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Additional requirements for stations sharing
facilities of certain full power commercial vhf stations.--
``(A) In general.--A cable operator of a cable
system shall carry on such system, on a channel that is
generally considered to be in the primary broadcast
tier, in addition to any qualified low power station
such operator is required to carry under paragraph (1),
any television broadcast station--
``(i) that is a qualified low power station
under subparagraph (B) of subsection (h)(2);
and
``(ii) the full power commercial very high
frequency television broadcast station
described in subsection (h)(2)(B)(ii)(II) with
which such qualified low power station shares
facilities is in the same television market as
such cable system.
``(B) Requirements.--In the case of a qualified low
power station that is carried under subparagraph (A),
such qualified low power station shall have the same
carriage rights as the full power commercial very high
frequency television broadcast station described in
subparagraph (A)(ii) in the television market described
in such subparagraph.
``(C) Timing.--The requirements of subparagraph (A)
shall apply, with respect to a television broadcast
station, beginning on the date that is 90 days after
the Commission makes a determination under subparagraph
(B) of subsection (h)(2) that such station is a
qualified low power station under such subparagraph.''.
(b) Qualified Low Power Station Defined.--Section 614(h)(2) of the
Communications Act of 1934 (47 U.S.C. 534(h)(2)) is amended--
(1) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively;
(2) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(3) by striking ``Nothing in this paragraph'' and inserting
the following:
``(C) Rule of construction.--Nothing in this
paragraph''; and
(4) by inserting after subparagraph (A) (as so designated)
the following:
``(B) Stations sharing facilities of certain full
power commercial vhf stations.--
``(i) In general.--The term `qualified low
power station' also includes any television
broadcast station for which there is in effect
a determination by the Commission that such
station is a qualified low power station under
this subparagraph.
``(ii) Requirements.--The Commission shall
determine that a television broadcast station
is a qualified low power station under this
subparagraph if--
``(I) such station conforms to the
rules established for low power
television stations contained in part
74 of title 47, Code of Federal
Regulations;
``(II) such low power station
shares facilities with a licensee of a
full power commercial very high
frequency television broadcast channel
allocated to a State under section
331(a);
``(III) such State has no
exclusive, in-State broadcast
television market within its
boundaries, as determined by Nielsen
Media Research or any successor entity;
``(IV) there are no `big 4' full
power commercial network affiliates
(ABC, CBS, NBC, and FOX) that are
licensed to, and principally operate
within, such State;
``(V) such low power station
broadcasts not fewer than 14 hours of
common local programming per week, not
fewer than 7 hours of which shall be
broadcast between the hours of 6:00
p.m. and midnight;
``(VI) such low power station
includes as part of the common local
programming broadcast under subclause
(V) a substantial amount of
particularized local content;
``(VII) such low power station
maintains a broadcast studio in the
station's community of license;
``(VIII) such low power station
files with the Commission a quarterly
disclosure of all programming broadcast
under subclause (V) during the period
covered by the disclosure, which--
``(aa) shall include a
separate list of programming
included under subclause (VI)
with a detailed explanation of
how programming satisfies the
requirements of subclause (VI);
and
``(bb) the Commission shall
make publicly available; and
``(IX) when developing the
programming described in subclauses (V)
and (VI), or any public service
announcement broadcast on such low
power station, such low power station
consults with community leaders and
members of the general public in the
market served by the station.
``(iii) Petition and determination.--Not
later than 90 days after a television broadcast
station submits to the Commission a petition
for a determination that such station is a
qualified low power station under this
subparagraph, the Commission shall--
``(I) if the Commission finds that
the requirements of clause (ii) are met
with respect to such station, grant
such petition; or
``(II) if the Commission finds that
the requirements of clause (ii) are not
met with respect to such station, deny
such petition.
``(iv) Annual certification.--
``(I) In general.--Beginning on the
date that is 1 year after the date on
which a qualified low power station
under this subparagraph is first
carried on a cable system under
subsection (c)(2), and annually
thereafter, such station shall submit
to the Commission a certification
that--
``(aa) the requirements of
clause (ii) are met with
respect to such station; and
``(bb) such station commits
to the Commission that the
requirements of clause (ii)
will continue to be met with
respect to such station during
the 1-year period beginning on
the date of the certification.
``(II) Failure to certify.--If a
qualified low power station under this
subparagraph fails to submit a
certification as required by subclause
(I), the Commission may revoke the
determination that such station is a
qualified low power station under this
subparagraph.
``(III) Schedule and
administration.--Not later than 30 days
after the date of the enactment of this
subparagraph, the Commission shall by
order establish the schedule and
administration of the schedule for and
other requirements relating to the
administration of the certifications
required by this clause.
``(v) Grounds for revocation of
determination.--The Commission may not revoke a
determination that a television broadcast
station is a qualified low power station under
this subparagraph except--
``(I) as provided in clause
(iv)(II); or
``(II) if the requirements of
clause (ii) are no longer met with
respect to such station.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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