Page:United States Statutes at Large Volume 110 Part 1.djvu/137

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 113 "(1) STANDARDS FOR RENEWAL.— I f the licensee of a broadcast station submits an application to the Commission for renewal of such license, the Commission shall grant the application if it finds, with respect to that station, during the preceding term of its license— "(A) the station has served the public interest, convenience, and necessity; "(B) there have been no serious violations by the licensee of this Act or the rules and regulations of the Commission; and "(C) there have been no other violations by the licensee of this Act or the rules and regulations of the Commission which, taken together, would constitute a pattern of abuse. " (2) CONSEQUENCE OF FAILURE TO MEET STANDARD. —If any licensee of a broadcast station fails to meet the requirements of this subsection, the Commission may deny the application for renewal in accordance with paragraph (3), or grant such application on terms and conditions as are appropriate, including renewal for a term less than the maximum otherwise permitted. "(3) STANDARDS FOR DENIAL. —I f the Commission determines, after notice and opportunity for a hearing as provided in subsection (e), that a licensee has failed to meet the requirements specified in paragraph (1) and that no mitigating factors justify the imposition of lesser sanctions, the Commission shall— "(A) issue an order denying the renewal application filed by such licensee under section 308; and "(B) only thereafter accept and consider such applications for a construction permit as may be filed under section 308 specifying the channel or broadcasting facilities of the former licensee. "(4) COMPETITOR CONSIDERATION PROHIBITED.—In making the determinations specified in paragraph (1) or (2), the Commission shall not consider whether the public interest, convenience, and necessity might be served by the grant of a license to a person other than the renewal applicant.". (2) CONFORMING AMENDMENT.—Section 309(d) (47 U.S.C. 309(d)) is amended by inserting after "with subsection (a)" each place it appears the following: "(or subsection (k) in the case of renewal of any broadcast station license)". (b) SUMMARY OF COMPLAINTS ON VIOLENT PROGRAMMING.— Section 308 (47 U.S.C. 308) is amended by adding at the end the following new subsection: "(d) SUMMARY OF COMPLAINTS. —Each applicant for the renewal of a commercial or noncommercial television license shall attach as an exhibit to the application a summary of written comments and suggestions received from the public and maintained by the licensee (in accordance with Commission regulations) that comment on the applicant's programming, if any, and that are characterized by the commentor as constituting violent programming.". (c) EFFECTIVE DATE. —The amendments made by this section 47 USC 308 note. apply to applications filed after May 1, 1995.