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Title IV — Expanding Candidate Access to Advertising

H.R. 20 · 113th Congress · Feb 5, 2014 · Lineage

IV Expanding Candidate Access to Advertising

Sec. 401 Broadcasts by candidates

(a)
Lowest unit charge— Section 315(b)(1)(A) of the Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)) is amended by inserting “for preemptible use thereof” after “station”.
(b)
Preemption; audits— Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended—
(1)
by redesignating subsection (c) as subsection (g) and transferring such subsection, as redesignated, to the end;
(2)
by redesignating subsection (d) as subsection (f) and transferring such subsection, as redesignated, so that it appears after subsection (e); and
(3)
by inserting after subsection (b) the following:

“(c) Preemption

“(1) In general—Except as provided in paragraph (2) and notwithstanding the requirements of subsection (b)(1)(A), a licensee may not preempt the use of a broadcasting station by a legally qualified candidate that has purchased and paid for such use under circumstances entitling such candidate to receive the rate under such subsection for such use.

“(2) Circumstances beyond control of licensee—If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the licensee, an advertisement that is scheduled to be broadcast during such program and the broadcast of which constitutes use of the broadcasting station described in paragraph (1) shall be treated in the same fashion as a comparable commercial advertisement.

“(d) Audits—During the 45-day period preceding the date of a primary or primary runoff election and during the 60-day period preceding the date of a general election or special election, the Commission shall conduct such audits as it considers necessary to ensure that the licensee of each broadcasting station is allocating use of the station in accordance with this section and in a manner that does not warrant revocation of the station license under section 312(a)(7).”

(c)
Revocation of license for failure To allow access by Federal candidates— Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is amended—
(1)
in subsection (a)(7)—
(A)
by inserting “in accordance with subsection (h),” before “for willful”;
(B)
by striking “or repeated”;
(C)
by inserting “or a cable system” after “non-commercial educational broadcast station,”; and
(D)
by striking “his candidacy” and inserting “the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most-favored advertiser of the broadcasting station or cable system”; and
(2)
by adding at the end the following:

“(h) Conditions for revocation for failure To allow access by Federal candidates

“(1) Three-strikes rule—The Commission may revoke a station license or construction permit under subsection (a)(7) only if the Commission finds that the licensee or permittee has engaged in at least 3 failures described in such subsection with respect to the broadcasting station or cable system to which the license or permit relates.

“(2) Duration—In the case of a person whose station license or construction permit with respect to a broadcasting station or cable system has been revoked under subsection (a)(7)—

“(A) the Commission may not grant a station license or construction permit to such person with respect to such broadcasting station or cable system during the 5-year period following the revocation; and

“(B) if the Commission grants such a station license or construction permit to such person after such 5-year period, the number of failures described in subsection (a)(7) shall be calculated for purposes of paragraph (1) without regard to any such failures that occurred while a previous license or permit was in effect.”

(d)
Technical amendments— Section 315 of the Communications Act of 1934 (47 U.S.C. 315), as amended by subsection (b), is further amended—
(1)
in subsection (a), by striking “If any licensee” and inserting “Equal opportunities for candidates for same office.—If any licensee”;
(2)
in subsection (b)(1), by moving subparagraphs (A) and (B) 2 ems to the right;
(3)
in subsection (f), as redesignated, by striking “The Commission” and inserting “Regulations.—The Commission”; and
(4)
in subsection (g), as redesignated, by striking “For purposes” and inserting “Definitions.—For purposes”.