article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer's Right To View Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Communications Commission predicts a diminished role for broadcast television and a more prominent role for cable television including pay-per-view. (2) Roughly 18,800,000 American homes are equipped to receive pay-per-view and this number is expected to increase to 35,900,000 by 1996. Overall pay-per-view revenue is expected to reach $1,100,000,000 by 1996. (3) There is a growing trend toward making events available exclusively on pay-per-view. (4) As this trend develops, whether the consumer has access to these events will be determined by the ability of the consumer to pay. (5) Professional sports leagues are beginning to see pay- per-view as a new revenue source to keep pace with escalating player salaries. (6) As a result, some media analysts predict that several of broadcast television's premier sports attractions eventually will migrate to pay-per-view. (7) Limited access to viewing such events as the ``Super Bowl'' or ``World Series'' would deprive citizens of the ability to enjoy these events which are inherent in the American tradition. (8) The majority of facilities in which such events are held are funded through taxpayer money. (9) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (10) Nonprofit and public organizations including public and private educational institutions and their athletic organizations are exempt from the corporate income tax. (11) Furthermore, corporations can deduct their donations to college sporting events as charitable contributions. (12) Tax exempt status is granted to these nonprofit and public organizations by the Federal Government and it is unfair to allow those who use this status to engage in pay-per-view telecasting--thus forcing taxpayers to pay again. (13) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (14) Therefore, Congress should ensure that all taxpaying citizens have free access to events that are sponsored by organizations with nonprofit tax exempt status and those events held in taxpayer subsidized facilities. SEC. 3. PAY-PER-VIEW CHARGES PROHIBITED. Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended by adding at the end thereof the following new subsection: ``(i)(1) Notwithstanding any other provision of this title, a cable operator may not assess or collect any separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. ``(2) The Commission and local franchising authorities are authorized to make determinations concerning the applicability of the prohibition contained in paragraph (1). In making such determinations-- ``(A) a facility shall be considered to have been constructed, maintained, or renovated with tax revenues if-- ``(i) tax exempt financing was used to construct, maintain, or renovate the facility, ``(ii) the facility was constructed on land donated by a government, or leased by a government at below market rates, or ``(iii) public infrastructure or public service for the facility are provided by the government at below market rates, with the exception of police, fire, and rescue services; ``(B) an event is performed by a nonprofit or public organization that receives tax subsidies if the event is sponsored by, or includes the participation of a team that is a part of, an organization-- ``(i) that is exempt from Federal income taxes under section 501 of the Internal Revenue Code of 1986, or ``(ii) that is exempt from Federal income taxes under section 115 of the Internal Revenue Code of 1986, and to which donations are tax deductible under such Code; and ``(C) notwithstanding subparagraph (A), a facility shall not be considered to have been constructed with tax revenues if the government has been reimbursed, through the proceeds of a sale of the facility or otherwise, for the total amount of the tax revenues that were used to construct the facility, as determined under subparagraph (A), but in this section shall be construed to exempt facilities from this subsection if the facility is receiving current financial support. ``(3) The Commission shall prescribe, by regulation, procedures for the administration of this subsection.''.
summary: Taxpayer's Right to View Act of 1993 - Amends the Communications Act of 1934 to prohibit a cable operator from assessing separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. Authorizes the Federal Communications Commission and local franchising authorities to make determinations concerning the applicability of such prohibition. Sets forth conditions under which a facility is considered to have been constructed, maintained, or renovated with tax revenues. Considers events performed by nonprofit or public organizations that receive tax subsidies to be subject to this Act if the event is sponsored by, or includes the participation of a team that is part of, a tax exempt organization.