[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 404 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 404

 To provide for the technical integrity of the FM radio band, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2001

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

_______________________________________________________________________

                                 A BILL


 
 To provide for the technical integrity of the FM radio band, 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 ``Low Power Radio Act of 2001''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to ensure the technical integrity of 
the FM radio band, while permitting the introduction of low power FM 
transmitters into such band without causing harmful interference.

SEC. 3. HARMFUL INTERFERENCE PROHIBITED.

    (a) In General.--Any low-power FM radio licensee determined by the 
Federal Communications Commission to be transmitting a signal causing 
harmful interference to one or more licensed radio services shall, if 
so ordered by the Commission, cease the transmission of the interfering 
signal, and may not recommence transmitting such signal until it has 
taken whatever action the Commission may prescribe in order to assure 
that the radio licensee that has sustained the interference remains 
able to serve the public interest, convenience and necessity as 
required by the Commission's rules.
    (b) Complaint.--Any radio service licensee or subcarrier program 
provider may file a complaint with the Commission against any low-power 
FM radio licensee for transmitting a signal that is alleged to cause 
harmful interference. The complaint shall be filed in a form, and 
contain such information as, prescribed by the Commission.
    (c) Expedited Consideration.--In any complaint filed pursuant to 
the provisions of subsection (b), the Commission shall render a final 
decision no later than 90 calendar days after the date on which the 
complaint was received by the Commission.
    (d) Punitive Damages.--In any final decision rendered pursuant to 
this section, the Commission is authorized to impose punitive damages 
not to exceed 5 times the low-power FM station's costs if the 
Commission finds that the complaint was frivolous and without any merit 
or purpose other than to impede the provision of non-interfering low-
power FM service.
    (e) Section 316(a)(3) of Communications Act.--Section 316(a)(3) of 
the Communications Act of 1934 (47 U.S.C. 316(a)(3)) shall not apply to 
a complaint filed pursuant to this section.
    (f) Rules.--The Commission shall adopt rules implementing the 
provisions of this section within 45 days after the date of enactment 
of this Act.
    (g) Harmful Interference Defined.--For purposes of this section, 
the term ``harmful interference'' means interference which endangers 
the functioning of a radio navigation service or of other safety 
services or that seriously degrades, obstructs, or repeatedly 
interrupts a radio service operating in accordance with the rules and 
regulations of the Federal Communications Commission.
    (h) Repeal of Certain Provisions.--
            (1) Restoration of Communications Act.--Section 336 of the 
        Communications Act of 1934 (47 U.S.C. 336) is amended by 
        striking subsection (h) and redesignating subsection (i) as 
        subsection (h).
            (2) Nullification of action under repealed provision.--Any 
        action taken by the Federal Communications Commission under 
        section 336(h) of the Communications Act of 1934 (47 U.S.C. 
        336(h)) as added by section 143(a) of Division B of A Bill 
        Making miscellaneous appropriations for the fiscal year ending 
        September 30, 2001, and for other purposes (106 Public Law 554; 
        Appendix-H.R. 5666) before the date of enactment of this Act is 
        null and void.
            (3) Repeal.--The Act entitled A Bill Making miscellaneous 
        appropriations for the fiscal year ending September 30, 2001, 
        and for other purposes (106 Public Law 554; Appendix-H.R. 5666) 
        is amended by striking section 143.

SEC. 4. DIGITAL RADIO TRANSITION.

    The Federal Communications Commission shall complete all 
rulemakings necessary to implement the transition to digital radio no 
later than February 23, 2002.
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