[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Reported in Senate (RS)]





                                                       Calendar No. 717

105th CONGRESS

  2d Session

                                S. 1427

                          [Report No. 105-411]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

             October 12 (legislative day, October 2), 1998

                       Reported with an amendment
                                                       Calendar No. 717
105th CONGRESS
  2d Session
                                S. 1427

                          [Report No. 105-411]

    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 SENATE OF THE UNITED STATES

                            November 7, 1997

   Mr. Ford introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

             October 12 (legislative day, October 2), 1998

               Reported by Mr. McCain, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Community Broadcasters 
Protection Act of 1997''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds that--</DELETED>
        <DELETED>    (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 beneficial to the public good providing broadcasting to 
        their communities that would not otherwise be 
        available.</DELETED>
        <DELETED>    (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 
        providing worthwhile services to their respective communities 
        while under severe license limitations compared to their full-
        power counterparts.</DELETED>
        <DELETED>    (3) License limitations, particularly the 
        temporary nature of the license, have blocked many low-power 
        broadcasters from having access to capital, and have severely 
        hampered their ability to continue to provide quality 
        broadcasting, programming, or improvements.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION 
              BROADCASTING.</DELETED>

<DELETED>    (a) Amendment.--Section 336 of the Communications Act of 
1934 (47 U.S.C. 336) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (f) and (g) as 
        subsections (g) and (h), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (e) the 
        following new subsection:</DELETED>
<DELETED>    `(f) Preservation of Low-Power Community Television 
Broadcasting.--</DELETED>
        <DELETED>    ``(1) Creation of Class A Licenses.-- Within 30 
        days after the date of enactment of the Community Broadcasters 
        Protection Act of 1997, the Commission shall prescribe 
        regulations to establish a class A television license to be 
        available to licensees of qualifying low-power television 
        stations. Such license shall be subject to the same license 
        terms, and renewal standards as the licenses for full-power 
        television stations except as provided in this section, and 
        each class A licensee shall be accorded primary status as a 
        television broadcaster as long as the station continues to meet 
        the requirements for a qualifying low-power station in 
        subsection (2). Within 30 days after such regulations are 
        adopted, 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.</DELETED>
        <DELETED>    ``(2) Qualifying low-power television stations.--
        For purposes of this subsection, a station is a qualifying low-
        power television station if--</DELETED>
                <DELETED>    ``(A) within 24 months after the date of 
                enactment of the Community Broadcasters Protection Act 
                of 1997 and for 6 months prior to the filing of its 
                Class A license application--</DELETED>
                        <DELETED>    ``(i) such station broadcast a 
                        minimum of 18 hours per day;</DELETED>
                        <DELETED>    ``(ii) such station broadcast an 
                        average of at least 3 hours per week of 
                        programming that was produced within the market 
                        area served by such station, or the market area 
                        served by a group of commonly controlled 
                        stations that carry common local or specialized 
                        programming not otherwise available to their 
                        communities; and</DELETED>
                        <DELETED>    ``(iii) such station was in 
                        compliance with the Commission's requirements 
                        applicable to low-power television stations; 
                        and</DELETED>
                <DELETED>    ``(B) from and after the date of its 
                application for a Class A license, the station is in 
                compliance with the Commission's operating rules for 
                full power television stations; or</DELETED>
                <DELETED>    ``(C) 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, 
                or for other reasons determined by the 
                Commission.</DELETED>
        <DELETED>    ``(3) Common ownership.--No low-power television 
        station shall be disqualified for a class A license based on 
        common ownership with any other medium of mass 
        communication.</DELETED>
        <DELETED>    ``(4) Issuance of licenses for advanced television 
        services to qualifying low-power television stations.--The 
        Commission is not required to issue any additional licenses for 
        advanced television services to the licensees of the class A 
        television stations but shall approve such license applications 
        proposing facilities that will not cause interference to any 
        other broadcast facility authorized on the date of filing of 
        the Class A advanced television application. Such a licensee 
        may, at the option of licensee, elect to convert to the 
        provision of advanced television services on its analog 
        channel, but shall not be required to convert to digital 
        operation until the Commission requires the use of digital or 
        other advanced technologies by all full-power television 
        stations.</DELETED>
        <DELETED>    ``(5) 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 Broadcasters 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:</DELETED>
                <DELETED>    ``(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, (ii) would require the Commission to 
                revoke or rescind a construction permit issued to such 
                full-power station, or (iii) would cause a significant 
                delay or increase in cost of the construction of a 
                digital television facility by a network-affiliated 
                analog station licensee in the top 30 
                markets.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).''</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Broadcasters Protection 
Act of 1998''.

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 
        beneficial to the public good providing broadcasting to their 
        communities that would not otherwise be 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 providing 
        worthwhile services to their respective communities while under 
        severe license limitations compared to their full-power 
        counterparts.
            (3) License limitations, particularly the temporary nature 
        of the license, have blocked many low-power 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. 336) 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 120 days after 
        the date of enactment of the Community Broadcasters Protection 
        Act of 1998, the Commission shall prescribe regulations to 
        establish a class A television license to be available to 
        licensees of qualifying low-power television stations. Such 
        license shall be subject to the same license terms, and renewal 
        standards as the licenses for full-power television stations 
        except as provided in this section, and each class A licensee 
        shall be accorded primary status as a television broadcaster as 
        long as the station continues to meet the requirements for a 
        qualifying low-power station in paragraph (2). Within 30 days 
        after the enactment of the Community Broadcasters Protection 
        Act of 1998, the Commission shall send a notice to the 
        licensees of all low-power televisions licenses that describes 
        the requirements for Class A designation. Within 30 days after 
        receipt of the notice, licensees intending to seek Class A 
        designation shall submit to the Commission a certification of 
        eligibility based on the qualification requirements of this 
        Act. Absent a material deficiency, the Commission shall grant 
        certification of eligibility to apply for Class A status. The 
        Commission shall act to preserve the contours of low-power 
        television licensees pending the final resolution of a Class A 
        application. Under the requirements set forth in subsection 
        (f)(2)(A) and (B) and subsection (f)(6) of this section, a 
        licensee may submit an application for Class A designation 
        under this paragraph only within 30 days after final 
        regulations are adopted. 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.
            ``(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 Broadcasters Protection Act 
                of 1998--
                            ``(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 market area served by 
                        such station, or the market area served by a 
                        group of commonly controlled stations that 
carry common local or specialized programming not otherwise available 
to their communities; and
                            ``(iii) such station was in compliance with 
                        the Commission's requirements applicable to 
                        low-power television stations; and
                    ``(B) from and after the date of its application 
                for a Class A license, the station is in compliance 
                with the Commission's operating rules for full power 
                television stations; or
                    ``(C) 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, or for 
                other reasons determined by the Commission.
            ``(3) Common ownership.--No low-power television station 
        shall be disqualified for a class A license based on common 
        ownership with any other medium of mass communication.
            ``(4) Issuance of licenses for advanced television services 
        to qualifying low-power television stations.--The Commission is 
        not required to issue any additional licenses for advanced 
        television services to the licensees of the class A television 
        stations but shall accept such license applications proposing 
        facilities that will not cause interference to any other 
        broadcast facility authorized on the date of filing of the 
        Class A advanced television application. In reviewing such 
        applications, the Commission shall consider the impact of such 
        a grant on the primary television viewing audience of the 
        applicant. Such new license or the original license of the 
        applicant shall be forfeited at the end of the DTV transition. 
        Low-power television station licensees may, at the option of 
        licensee, elect to convert to the provision of advanced 
        television services on its analog channel, but shall not be 
        required to convert to digital operation until the Commission 
        requires the use of digital or other advanced technologies by 
        all full-power television stations.
            ``(5) No preemption of section 337.--Nothing in this 
        section preempts section 337 of this Act.
            ``(6) Interim qualification.--
                    ``(A) Stations operating within certain 
                bandwidth.--The Commission may not grant a Class A 
                license to a low power television station operating 
                between 698 and 806 megahertz, but the Commission shall 
                provide to low power television stations assigned to 
                and temporarily operating in that bandwidth the 
                opportunity to meet the qualification requirements for 
                a Class A license. When such a qualified applicant for 
                a Class A license is assigned a channel within the core 
                spectrum, the Commission shall simultaneously issue a 
                Class A license.
                    ``(B) Certain channels off-limits.--The Commission 
                may not grant a channel within the core spectrum under 
                this subsection that includes any of the 175 additional 
                channels referenced in paragraph 45 of its February 23, 
                1998, Memorandum Opinion and Order on Reconsideration 
                of the Sixth Report and Order: MM Docket No. 87-268. 
                Within 18 months after the date of enactment of the 
                Community Broadcasters Protection Act of 1998, the 
                Commission shall identify by channel, location, and 
                applicable technical parameters those 175 channels.
            ``(7) No interference requirement.--The Commission may not 
        grant a Class A license nor approve a modification of a Class A 
        license unless the applicant or licensee shows that the Class A 
        station for which the license or modification is sought will 
        not cause--
                    ``(A) impermissible interference within the Grade B 
                contour of any television station (as of the date of 
                enactment of the Community Broadcasters Protection Act 
                of 1998, or as proposed in a minor change application 
                filed on or before such date) or the DTV service areas 
                provided in the DTV Table of Allotments, or 
                subsequently granted by the Commission prior to the 
                filing of a Class A application;
                    ``(B) interference within the protected contour of 
                any low power television station or low power 
                television translator station licensed, authorized by 
                construction permit, or with a pending displacement 
                application submitted prior to the date on which the 
                application for a Class A license, or for the 
                modification of such a license, was filed; or
                    ``(C) impermissible interference within the 
                protected contour of 80 miles from the geographic 
                center of the areas listed in section 22.625(b)(1) or 
                90.303 of the Commission's regulations (47 C.F.R. 
                22.625(b)(1) and 90.303) for frequencies in--
                            ``(i) the 470-512 megahertz band identified 
                        in section 22.621 or 90.303 of such 
                        regulations; or
                            ``(ii) the 482-488 megahertz band in New 
                        York.''.