[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3439 Referred in Senate (RFS)]







106th CONGRESS
  2d Session
                                H. R. 3439


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2000

                                Received

                              May 16, 2000

  Read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 AN ACT


 
    To require the Federal Communications Commission to revise its 
   regulations authorizing the operation of new, low-power FM radio 
                               stations.

    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 ``Radio Broadcasting Preservation Act 
of 2000''.

SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.

    (a) Third-Adjacent Channel Protections Required.--
            (1) Modifications required.--The Federal Communications 
        Commission shall modify the rules authorizing the operation of 
        low-power FM radio stations, as proposed in MM Docket No. 99-
        25, to--
                    (A) prescribe minimum distance separations for 
                third-adjacent channels (as well as for co-channels and 
                first- and second-adjacent channels); and
                    (B) prohibit any applicant from obtaining a low-
                power FM license if the applicant has engaged in any 
                manner in the unlicensed operation of any station in 
                violation of section 301 of the Communications Act of 
                1934 (47 U.S.C. 301).
            (2) Congressional authority required for further changes.--
        The Federal Communications Commission may not--
                    (A) eliminate or reduce the minimum distance 
                separations for third-adjacent channels required by 
                paragraph (1)(A); or
                    (B) extend the eligibility for application for low-
                power FM stations beyond the organizations and entities 
                as proposed in MM Docket No. 99-25 (47 CFR 73.853),
        except as expressly authorized by Act of Congress enacted after 
        the date of the enactment of this Act.
            (3) Validity of prior actions.--Any license that was issued 
        by the Commission to a low-power FM station prior to the date 
        on which the Commission modify its rules as required by 
        paragraph (1) and that does not comply with such modifications 
        shall be invalid.
    (b) Further Evaluation of Need for Third-Adjacent Channel 
Protections.--
            (1) Pilot program required.--The Federal Communications 
        Commission shall conduct an experimental program to test 
        whether low-power FM radio stations will result in harmful 
        interference to existing FM radio stations if such stations are 
        not subject to the minimum distance separations for third-
        adjacent channels required by subsection (a). The Commission 
        shall conduct such test in no more than nine FM radio markets, 
        including urban, suburban, and rural markets, by waiving the 
        minimum distance separations for third-adjacent channels for 
        the stations that are the subject of the experimental program. 
        At least one of the stations shall be selected for the purpose 
        of evaluating whether minimum distance separations for third-
        adjacent channels are needed for FM translator stations. The 
        Commission may, consistent with the public interest, continue 
        after the conclusion of the experimental program to waive the 
        minimum distance separations for third-adjacent channels for 
        the stations that are the subject of the experimental program.
            (2) Conduct of testing.--The Commission shall select an 
        independent testing entity to conduct field tests in the 
        markets of the stations in the experimental program under 
        paragraph (1). Such field tests shall include--
                    (A) an opportunity for the public to comment on 
                interference; and
                    (B) independent audience listening tests to 
                determine what is objectionable and harmful 
                interference to the average radio listener.
            (3) Report to congress.--The Commission shall publish the 
        results of the experimental program and field tests and afford 
        an opportunity for the public to comment on such results. The 
        Federal Communications Commission shall submit a report on the 
        experimental program and field tests to the Committee on 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate not later 
        than February 1, 2001. Such report shall include--
                    (A) an analysis of the experimental program and 
                field tests and of the public comment received by the 
                Commission;
                    (B) an evaluation of the impact of the modification 
                or elimination of minimum distance separations for 
                third-adjacent channels on--
                            (i) listening audiences;
                            (ii) incumbent FM radio broadcasters in 
                        general, and on minority and small market 
                        broadcasters in particular, including an 
                        analysis of the economic impact on such 
                        broadcasters;
                            (iii) the transition to digital radio for 
                        terrestrial radio broadcasters;
                            (iv) stations that provide a reading 
                        service for the blind to the public; and
                            (v) FM radio translator stations;
                    (C) the Commission's recommendations to the 
                Congress to reduce or eliminate the minimum distance 
                separations for third-adjacent channels required by 
                subsection (a); and
                    (D) such other information and recommendations as 
                the Commission considers appropriate.

            Passed the House of Representatives April 13, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.