[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3439 Reported in House (RH)]






                                                 Union Calendar No. 312
106th CONGRESS
  2d Session
                                H. R. 3439

                          [Report No. 106-567]

  To prohibit the Federal Communications Commission from establishing 
  rules authorizing the operation of new, low power FM radio stations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 1999

 Mr. Oxley (for himself, Mrs. Cubin, Mr. Stearns, Mr. Pallone, and Mr. 
   Ehrlich) introduced the following bill; which was referred to the 
                         Committee on Commerce

                             April 10, 2000

Additional sponsors: Mr. Fossella, Mr. Rogers, Mr. Callahan, Mr. Goode, 
 Mr. Stump, Mr. Manzullo, Mr. Sununu, Mr. Burr of North Carolina, Mr. 
 Salmon, Mr. Pickett, Mr. Norwood, Mr. Bass, Mr. Turner, Mr. Smith of 
Texas, Mr. Sandlin, Mrs. Emerson, Mr. Petri, Mr. Gekas, Mr. Nethercutt, 
Mr. Talent, Mr. Ramstad, Mr. Strickland, Mr. Skeen, Mr. Whitfield, Mr. 
   Shimkus, Mr. Gutknecht, Mr. Bryant, Mr. Combest, Mrs. Wilson, Mr. 
Canady of Florida, Mr. Ney, Mr. Peterson of Minnesota, Mr. Collins, Mr. 
  Edwards, Mr. Everett, Mr. Thornberry, Mr. LaHood, Mr. Boehlert, Mr. 
 Stupak, Mr. Blunt, Mr. Spratt, Mr. McHugh, Mr. Ryan of Wisconsin, Mr. 
Largent, Mr. Pickering, Mr. Bachus, Mr. Barrett of Nebraska, Mr. Upton, 
 Mr. Coble, Mr. Bonilla, Mr. Sweeney, Mr. Moran of Kansas, Mr. Foley, 
Mr. Costello, Mr. Latham, Mr. Phelps, Ms. Berkley, Mr. Hill of Montana, 
  Mr. Dickey, Mr. Gallegly, Mr. Watkins, Mr. Thune, Mr. Aderholt, Mr. 
Hutchinson, Mr. Lewis of Kentucky, Mr. Sessions, Mr. Cramer, Mr. Hayes, 
   Mr. Lewis of California, Mr. Riley, Mr. Oberstar, Mr. Coburn, Mr. 
Bateman, Mr. Deal of Georgia, Mr. Udall of New Mexico, Mr. Dreier, Mr. 
 Lucas of Oklahoma, Mr. Cook, Mr. Forbes, Mr. Hoekstra, Mr. Taylor of 
North Carolina, Mr. Ryun of Kansas, Mr. Rahall, Mr. Bereuter, Mr. Camp, 
 Mr. Wise, Mr. Simpson, Mr. McIntosh, Mr. Isakson, Mr. Jones of North 
     Carolina, Mr. Jenkins, Mr. Davis of Virginia, Mr. Barcia, Mr. 
 Goodlatte, Mrs. Biggert, Mr. Young of Alaska, Mr. Hulshof, Mr. Berry, 
   Mr. Frelinghuysen, Mr. Greenwood, Mr. Cannon, Mr. Visclosky, Mr. 
       Gibbons, Mr. Clement, Mr. Tiahrt, Ms. Danner, Mr. Neal of 
Massachusetts, Mr. Hayworth, Mr. Hall of Texas, Mr. Ewing, Mr. Spence, 
 Mr. DeMint, Mr. Ford, Mr. Green of Texas, Mr. Smith of Michigan, Mr. 
 Kingston, Mr. Shows, Mr. Campbell, Mr. Peterson of Pennsylvania, Mr. 
Buyer, Mr. Bartlett of Maryland, Mr. Evans, Mr. Dicks, Mr. McInnis, Mr. 
 Frost, Mr. Stenholm, Mr. Burton of Indiana, Mr. Ganske, Mrs. Myrick, 
Mr. Istook, Mr. Herger, Mr. Franks of New Jersey, Mr. Knollenberg, Mr. 
  Barr of Georgia, Mr. Brady of Texas, Mr. LoBiondo, Mr. McCrery, Mr. 
Chambliss, Mr. Allen, Mr. Hastings of Washington, Mr. Abercrombie, Mr. 
Shadegg, Mrs. Johnson of Connecticut, Mr. Wolf, Mr. Lucas of Kentucky, 
Mr. Sawyer, Mr. Blagojevich, Mr. Lipinski, Mr. Schaffer, Mr. Hilleary, 
Ms. Dunn, Mr. Walden of Oregon, Mr. Fletcher, Mr. Nussle, Mrs. Northup, 
  Mr. Etheridge, Mr. Olver, Mr. Wamp, Mr. Lampson, Mr. Pitts, and Mr. 
                                 Gordon

                             April 10, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To prohibit the Federal Communications Commission from establishing 
  rules 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,

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

<DELETED>    This Act may be cited as the ``Radio Broadcasting 
Preservation Act of 1999''.</DELETED>

<DELETED>SEC. 2. PROHIBITION.</DELETED>

<DELETED>    (a) Rules Prohibited.--Notwithstanding section 303 of the 
Communications Act of 1934 (47 U.S.C. 303), the Federal Communications 
Commission shall not prescribe rules authorizing the operation of new, 
low power FM radio stations, or establishing a low power radio service, 
as proposed in MM Docket No. 99-25.</DELETED>
<DELETED>    (b) Termination of Previously Prescribed Rules.--Any rules 
prescribed by the Federal Communications Commission before the date of 
enactment of this Act that would be in violation of the prohibition in 
subsection (a) if prescribed after such date shall cease to be 
effective on such date. Any low power radio licenses issued pursuant to 
such rules before such date shall be void.</DELETED>

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 C.F.R. 73.853),
        except as expressly authorized by Act of Congress enacted after 
        the date of 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 9 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.
            Amend the title so as to read: ``A bill to require the 
        Federal Communications Commission to revise its regulations 
        authorizing the operation of new, low-power FM radio 
        stations.''.
                                                 Union Calendar No. 312

106th CONGRESS

  2d Session

                               H. R. 3439

                          [Report No. 106-567]

_______________________________________________________________________

                                 A BILL

  To prohibit the Federal Communications Commission from establishing 
  rules authorizing the operation of new, low power FM radio stations.

_______________________________________________________________________

                             April 10, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed