article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Television and Radio Program Violence Reduction Act of 1993''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television and radio programming are bringing ever- increasing levels of violent programming into the American home. Over 25 percent of prime-time television shows contain `very violent' material, according to the National Coalition on Television Violence. (2) Prime time violence tripled during the 1980's, the American Academy of Pediatrics reports. (3) Programs developed for children are especially violent. A University of Pennsylvania study found that children's programming contains over 30 violent acts per hour. (4) Before the average child finishes grade school, he or she sees 8,000 murders and 100,000 acts of violence on television. (5) Numerous academic studies have built up astonishing evidence that shows children tend to imitate the behavior they see on television. The National Institute of Mental Health finds that violence on television leads to aggressive behavior by children and teenagers who watch violent programs. (6) Three different Surgeons General, the Attorney General's Task Force on Family Violence, the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and other authorities have all found that viewing televised violence is harmful to children. (7) Americans watch enormous amounts of television, and many children will watch television for twice as many hours (22,000 hours) as they attend school. (8) Many children watch violent television programs without adult supervision or guidance. (9) More than 20 years of research has led to a consensus that watching televised violence increases children's aggressiveness and desensitizes them to the effects and implications of violence, and the solidity of the agreement among respected scientists that televised violence is harmful nullifies arguments to the contrary by the television industry. (10) There is a need to find solutions that limit the harmful influence of television and radio violence and yet maintain our freedom of expression. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``violence'' means any action that has as an element the use or threatened use of physical force against the person of another, or against one's self, with intent to cause bodily harm to such person or one's self. For purposes of this Act, an action may involve violence regardless of whether or not such action or threat of action occurs in a realistic or serious context or in a humorous or cartoon type context. (2) The term ``programming'' includes cartoons. (3) The term ``child'' or ``children'' means any individual or individuals under 18 years of age. (4) The term ``person'' shall have the same meaning given that term under section 602(14) of the Communications Act of 1934 (47 U.S.C. 522(14)). (5) The term ``cable operator'' shall have the same meaning given that term under section 602(4) of the Communications Act of 1934 (47 U.S.C. 522(4)). (6) The term ``cable service'' shall have the same meaning given that term under section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)). (7) The term ``television or radio broadcast licensee'' means a ``licensee'' as defined in section 3(c) of the Communications Act of 1934 (47 U.S.C. 153(c)) authorized to engage in television or radio broadcasting, including independent television broadcasting. (8) The term ``franchising authority'' shall have the same meaning given that term under section 602(10) of the Communications Act of 1934 (47 U.S.C. 522(10)). SEC. 4. RULEMAKING REQUIRED. (a) Standards.--The Federal Communications Commission shall, within 60 days after the date of the enactment of this section, initiate a rulemaking proceeding to prescribe standards applicable to television and radio broadcast licensees and cable operators providing cable service under a franchise granted by a franchising authority, requiring such television or radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. (b) Final Standards.--The Commission shall, within 150 days following the date of the enactment of this Act, prescribe final standards in accordance with this section. SEC. 5. VIOLATIONS. (a) Violations.--If a person violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not more than $5,000. For purposes of this subsection, each program in violation constitutes a separate violation. (b) Intentional Violations.--If a person intentionally violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not less than $10,000 or more than $25,000. For purposes of this subsection, each program in violation constitutes a separate violation. (c) Repeated Violations.--If a person repeatedly violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, immediately repeal the person's broadcast license in the case of a broadcaster, and immediately repeal the person's satellite license in the case of the cable operator. SEC. 6. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING. The Federal Communications Commission may exempt, as public interest requires, certain video and audio programming from the requirements of section 3, including news broadcasts, sporting events, educational programming and documentaries. SEC. 7. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL. The Federal Communications Commission shall consider, among the elements in its review of an application for renewal of a television or radio broadcast license, including an independent television broadcaster, whether the licensee has complied with the standards required to be prescribed under section 3 of this Act.
summary: Television and Radio Program Violence Reduction Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television and radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. Authorizes the FCC to exempt, as public interest requires, certain video and audio programming, including news broadcasts, sporting events, educational programming, and documentaries. Directs the FCC to consider, in its review of an application for renewal of a television or radio broadcast license, whether the licensee has complied with this Act.