[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2645 Reported in Senate (RS)]
Calendar No. 786
108th CONGRESS
2d Session
S. 2645
[Report No. 108-396]
To amend the Communications Act of 1934 to authorize appropriations for
the Corporation for Public Broadcasting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2004
Mr. McCain introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
October 8, 2004
Reported by Mr. McCain, without amendment
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to authorize appropriations for
the Corporation for Public Broadcasting, 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 ``Public Broadcasting Reauthorization
Act of 2004''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Corporation for Public Broadcasting.--Section 396(k)(1) of the
Communications Act of 1934 (47 U.S.C. 396(k)(1)) is amended by striking
subparagraphs (B) through (F) and inserting the following:
``(B) There is authorized to be appropriated to the Fund, for each
of the fiscal years 2007, 2008, 2009, 2010, and 2011, an amount equal
to 40 percent of the total amount of non-Federal financial support
received by public broadcasting entities during the second fiscal year
preceding each such fiscal year, except that the amount so appropriated
shall not exceed--
``(i) $416,000,000 for fiscal year 2007;
``(ii) $432,000,000 for fiscal year 2008;
``(iii) $450,000,000 for fiscal year 2009;
``(iv) $468,000,000 for fiscal year 2010; and
``(v) $487,000,000 for fiscal year 2011.
``(C) In addition to any amounts authorized under any other
provision of this or any other Act, there are authorized to be
appropriated to the Fund, (notwithstanding any other provision of this
subsection) specifically for transition from the use of analog to
digital technology for the provision of public telecommunications
services and for the acquisition or production of digital programming
of local, regional, and national interest--
``(i) $50,000,000 for fiscal year 2005;
``(ii) $50,000,000 for fiscal year 2006;
``(iii) $40,000,000 for fiscal year 2007;
``(iv) $30,000,000 for fiscal year 2008; and
``(v) $20,000,000 for fiscal year 2009.
``(D) Funds appropriated under this subsection shall remain
available until expended and shall be disbursed by the Secretary of the
Treasury for obligation and expenditure as soon after appropriation as
practicable. The Corporation shall distribute funds authorized by
subparagraph (C) and allocated to public broadcast stations under this
subsection as expeditiously as practicable when made available by the
Secretary of the Treasury, and in a manner that is determined, in
consultation with public radio and television licensees or permittees
and their designated representatives.''.
(b) Public Broadcasting Interconnection System.--Section 396(k)(10)
of the Communications Act of 1934 (47 U.S.C. 396(k)(10)) is amended by
striking subparagraphs (B) and (C) and inserting the following:
``(B) There are authorized to be appropriated to the Satellite
Interconnection Fund $250,000,000 for fiscal year 2005. If the amount
appropriated to the Satellite Interconnection Fund for fiscal year 2005
is less than $250,000,000, the amount by which that sum exceeds the
amount appropriated is authorized to be appropriated for fiscal years
2006 through 2008 until the full $250,000,000 has been appropriated to
the Fund. Funds appropriated to the Satellite Interconnection Fund
shall remain available until expended.
``(C) The Secretary of the Treasury shall make available and
disburse to the Corporation, at the beginning of fiscal year 2005 and
of each succeeding fiscal year thereafter, such funds as have been
appropriated to the Satellite Interconnection Fund for the fiscal year
in which such disbursement is to be made.''.
(c) Public Telecommunications Facilities Program Grants.--Section
391 of the Communications Act of 1934 (47 U.S.C. 391) is amended--
(1) by striking ``$42,000,000 for each of the fiscal years
1992, 1993, and 1994,'' and inserting ``$50,000,000 for fiscal
year 2005, $52,000,000 for fiscal year 2006, $54,008,000 for
fiscal year 2007, $56,240,000 for fiscal year 2008, $58,490,000
for fiscal year 2009, $60,820,000 for fiscal year 2010, and
$63,250,000 for fiscal year 2011,''; and
(2) by striking ``facilities'' each place it occurs and
inserting ``facilities, including analog and digital broadcast
facilities and equipment,''.
SEC. 3. RECOUPMENT OF FUNDS BY CORPORATION.
Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k))
is amended by adding at the end the following:
``(13) Funds may not be distributed pursuant to this
section to any public broadcast station unless it agrees that,
upon request by the Corporation, at such time as it ceases to
provide public telecommunications services or transfers or
assigns its broadcast license or permit to an entity that will
not provide public telecommunications services (as defined in
section 397(14) of this Act), it will--
``(A) return any or all unexpended funds for all
grants made by the Corporation; and
``(B) with respect to grants made by the
Corporation during the prior 5 years for the purchase
or construction of public telecommunications
facilities, return an amount that is no more than an
amount bearing the same ratio to the current value of
such facilities at the time of cessation of public
telecommunications service as the ratio that the
Corporation's contribution bore to the total cost of
purchasing or constructing such facilities.''.
SEC. 4. REDEFINITION OF PUBLIC TELECOMMUNICATIONS SERVICES TO INCLUDE
NEW TECHNOLOGIES.
(a) Transition and Programming Authorization.--Section 396(k)(1)(C)
of the Communications Act of 1934 (47 U.S.C. 396(k)(1)(C)), as amended
by section 2(a) of this Act, is further amended by striking ``public
broadcasting services,'' and inserting ``public telecommunications
services,''.
(b) Public Telecommunications Services To Include New
Technologies.--Section 397(14) of the Communications Act of 1934 (47
U.S.C 397(14)) is amended to read as follows:
``(14) The term `public telecommunications services' means
noncommercial educational and cultural--
``(A) radio and television programming or other
content; and
``(B) instructional or informational material
(including data) transmitted electronically.''.
SEC. 5. LOCAL CONTENT, PROGRAMMING, AND SERVICES.
Section 396(k)(7) of the Communications Act of 1934 (47 U.S.C.
396(k)(7)) is amended by striking ``to the production and acquisition
of programming.'' and inserting ``to the support of content,
programming, and services, especially those that serve the needs and
interests of the recipient's local community.''.
Calendar No. 786
108th CONGRESS
2d Session
S. 2645
[Report No. 108-396]
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to authorize appropriations for
the Corporation for Public Broadcasting, and for other purposes.
_______________________________________________________________________
October 8, 2004
Reported without amendment