[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1539 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1539

    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to preserve low-power television stations 
      that provide community broadcasting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                               May 6,1997

 Mr. Norwood (for himself, Mr. Turner, Mr. Oxley, Mr. Deal of Georgia, 
 Mr. Klink, Mr. Hastert, Mr. Boucher, Mr. Gillmor, Mr. Whitfield, Mr. 
 Gordon, Mr. Cramer, Ms. Carson, Mr. Clement, Mr. Smith of New Jersey, 
   Mr. Jenkins, Mr. Duncan, Mr. Oberstar, Mr. Murtha, Mr. Riley, Mr. 
  Peterson of Minnesota, Mr. Kingston, Mr. Kucinich, and Mr. DeFazio) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to preserve low-power television stations 
      that provide community 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 ``Community Broadcasting Protection 
Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Since the creation of low-power television licenses by 
        the Federal Communications Commission, a small number of 
        license holders have operated their stations in a manner most 
        beneficial to the public good. Many of these stations have 
        provided broadcasting to their communities that would not 
        otherwise have been available.
            (2) These low-power broadcasters have operated their 
        stations in a manner consistent with the programming objectives 
        and hours of operation of full-power broadcasters. These small 
        stations have provided these worthwhile services to their 
        respective communities while under severe license limitations 
        compared to their full-power counterparts.
            (3) These license limitations, particularly the temporary 
        nature of the license, have blocked many of these broadcasters 
        from having access to capital, and have severely hampered their 
        ability to continue to provide quality broadcasting, 
        programming, or improvements.
            (4) The passage of the Telecommunications Act of 1996 has 
        added to the uncertainty of the future status of these stations 
        by the lack of specific provisions regarding the permanency of 
        their licenses, or their treatment during the transition to 
        high definition, digital television.

SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.

    (a) Amendment.--Section 336 of the Communications Act of 1934 (47 
U.S.C. 334) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Preservation of Low-Power Community Television 
Broadcasting.--
            ``(1) Creation of class a licenses.--Within 30 days after 
        the date of enactment of the Community Broadcasting Protection 
        Act of 1997, the Commission shall prescribe regulations to 
        establish a class A license for qualifying low-power television 
        stations. Such license shall be subject to the same license 
        term and renewal standards as the licenses for full-power 
        television stations, and shall be accorded primary status as 
        television broadcasters under the Commission's regulations. 
        Within 30 days after such date, the Commission shall send a 
        notice to the licensees of all low-power television licenses of 
        the terms of this section. The Commission shall, within 30 days 
        after receipt of an application that is acceptable for filing, 
        award such a class A television station license to any licensee 
        of a qualifying low-power television station who submits such 
        application within 90 days after receipt of such notice.
            ``(2) Qualifying low-power television stations.--For 
        purposes of this subsection, a station is a qualifying low-
        power television station if--
                    ``(A) during the 90 days preceding the date of 
                enactment of the Community Broadcasting Protection Act 
                of 1997--
                            ``(i) such station broadcast a minimum of 
                        18 hours per day;
                            ``(ii) such station broadcast an average of 
                        at least 3 hours per week of programming that 
                        was produced within the community of license of 
                        such station; and
                            ``(iii) such station was in compliance with 
                        the requirements applicable to low-power 
                        television stations; or
                    ``(B) the Commission determines that the public 
                interest, convenience, and necessity would be served by 
                treating the station as a qualifying low-power 
                television station for purposes of this section.
            ``(3) Issuance of licenses for advanced television services 
        to qualifying low-power television stations not required.--The 
        Commission is not required to issue any additional licenses for 
        advanced television services to the licensees of the class A 
        television stations. Such a licensee may, at the option of 
        licensee, elect to convert to the provision of advanced 
        television services, but shall not be required to provide such 
        services until the Commission requires the use of digital or 
        other advanced technologies by full-power television stations.
            ``(4) Preservation of class a stations.--Except as 
        expressly permitted by this paragraph, no licensee of a class A 
        television station shall be required to cease operations, nor 
        shall the license of such a licensee be rescinded or otherwise 
        terminated, for the purposes of implementing any amendments to 
        the table of allotments adopted before the date of enactment of 
        the Community Broadcasting Protection Act of 1997 to provide 
        additional licenses for advanced television services. The 
        Commission may order such a cessation, rescission, or 
        termination only after compliance with the following 
        requirements:
                    ``(A) The Commission shall revise such table of 
                allotments to preserve each class A station unless the 
                preservation of such station (i) would render 
                impossible the assignment of an additional license for 
                advanced television services to a full-power station, 
                or (ii) would require the Commission to revoke or 
                rescind a construction permit issued to such full-power 
                station.
                    ``(B) If the Commission cannot revise the table of 
                allotments to preserve a class A station as required by 
                subparagraph (A), the Commission shall, to the maximum 
                extent possible, revise the table of allotments to 
                preserve the class A station in the same community of 
                license, using the same facilities, by assigning to 
                such station a different frequency.
                    ``(C) If the Commission cannot revise the table of 
                allotments to preserve a class A station as required by 
                subparagraph (A) or (B), the Commission shall seek to 
                provide such licensee with a class A license in a 
                community of license that is adjacent to the station's 
                previous community of license.
                    ``(D) If the Commission cannot preserve a class A 
                station as required by subparagraph (A), (B), or (C), 
                the Commission shall award such licensee the license 
                for another station in another community of license 
                acceptable to the licensee, to the extent that the 
                license for such other station is available. Such a 
                licensee shall be preferred in the award of such other 
                station license over any other applicant (other than 
                another licensee of a class A television station that 
                is required to relinquish its existing license).''.
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