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Title II — Improving voter information

S. 2023 · 113th Congress · Feb 12, 2014 · Lineage

II Improving voter information

Sec. 201 Broadcasts relating to all Senate candidates

(a)
Lowest unit charge; national committees— Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended—
(1)
by striking “to such office” in paragraph (1) and inserting “to such office, or by a national committee of a political party on behalf of such candidate in connection with such campaign,”; and
(2)
by inserting “for pre-emptible use thereof” after “station” in subparagraph (A) of paragraph (1).
(b)
Preemption; audits— Section 315 of such Act (47 U.S.C. 315) is amended—
(1)
by redesignating subsections (c) and (d) as subsections (e) and (f), respectively and moving them to follow the existing subsection (e);
(2)
by redesignating the existing subsection (e) as subsection (c); and
(3)
by inserting after subsection (c) (as redesignated by paragraph (2)) the following:

“(d) Preemption

“(1) In general—Except as provided in paragraph (2), and notwithstanding the requirements of subsection (b)(1)(A), a licensee shall not preempt the use of a broadcasting station by a legally qualified candidate for Senate who has purchased and paid 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 station, any candidate or party advertising spot scheduled to be broadcast during that program shall be treated in the same fashion as a comparable commercial advertising spot.

“(e) Audits—During the 30-day period preceding a primary election and the 60-day period preceding a general election, the Commission shall conduct such audits as it deems necessary to ensure that each broadcaster to which this section applies is allocating television broadcast advertising time in accordance with this section and section 312.”

(c)
Revocation of license for failure To permit access— Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended—
(1)
by striking “or repeated”;
(2)
by inserting “or cable system” after “broadcasting station”; and
(3)
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 licensee”.
(d)
Stylistic amendments— Section 315 of such Act (47 U.S.C. 315) is amended—
(1)
by striking “the” in subsection (e)(1), as redesignated by subsection (b)(1), and inserting “Broadcasting station.—”;
(2)
by striking “the” in subsection (e)(2), as redesignated by subsection (b)(1), and inserting “Licensee; station licensee.—”; and
(3)
by inserting “Regulations.—” in subsection (f), as redesignated by subsection (b)(1), before “The Commission”.

Sec. 202 Broadcast rates for participating candidates

Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)), as amended by subsection (a), is amended—
(1)
in paragraph (1)(A), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and
(2)
by adding at the end the following:

“(3) Participating candidates—In the case of a participating candidate (as defined under section 501(9) of the Federal Election Campaign Act of 1971), the charges made for the use of any broadcasting station for a television broadcast shall not exceed 80 percent of the lowest charge described in paragraph (1)(A) during—

“(A) the 45 days preceding the date of a primary or primary runoff election in which the candidate is opposed; and

“(B) the 60 days preceding the date of a general or special election in which the candidate is opposed.

“(4) Rate cards—A licensee shall provide to a candidate for Senate a rate card that discloses—

“(A) the rate charged under this subsection; and

“(B) the method that the licensee uses to determine the rate charged under this subsection.”

Sec. 203 FCC to prescribe standardized form for reporting candidate campaign ads

(a)
In general— Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations, as defined in section 315(f)(1) of the Communications Act of 1934 (47 U.S.C. 315(f)(1)), to record and report the purchase of advertising time by or on behalf of a candidate for nomination for election, or for election, to Federal elective office.
(b)
Contents— The form prescribed by the Commission under subsection (a) shall require, broadcasting stations to report to the Commission and to the Federal Election Commission, at a minimum—
(1)
the station call letters and mailing address;
(2)
the name and telephone number of the station’s sales manager (or individual with responsibility for advertising sales);
(3)
the name of the candidate who purchased the advertising time, or on whose behalf the advertising time was purchased, and the Federal elective office for which he or she is a candidate;
(4)
the name, mailing address, and telephone number of the person responsible for purchasing broadcast political advertising for the candidate;
(5)
notation as to whether the purchase agreement for which the information is being reported is a draft or final version; and
(6)
the following information about the advertisement:
(A)
The date and time of the broadcast.
(B)
The program in which the advertisement was broadcast.
(C)
The length of the broadcast airtime.
(c)
Internet access— In its rulemaking under subsection (a), the Commission shall require any broadcasting station required to file a report under this section that maintains an Internet website to make available a link to such reports on that website.