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Public Broadcasting Reauthorization Act of 2004, S. 2645

Sen. John McCain (R-Ariz.), chairman of the Senate Commerce Committee, introduced this bill July 13, 2004, to authorize funding of the Corporation for Public Broadcasting and the Commerce Department's Public Telecommunications Facilities Program. [McCain's statement introducing the bill.]

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.''.

Public Broadcasting PolicyBase
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Posted July 16, 2004
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