[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2540 Introduced in Senate (IS)]




108th CONGRESS
  2d Session
                                S. 2540

   To protect educational FM radio stations providing public service 
               broadcasting from commercial encroachment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

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

_______________________________________________________________________

                                 A BILL


 
   To protect educational FM radio stations providing public service 
               broadcasting from commercial encroachment.

    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 ``Educational Radio Protection Act''.

SEC. 2. ENTITLEMENT OF CERTAIN CLASS D FM STATIONS TO CLASS A LICENSES.

    Notwithstanding any provision of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) or of the regulations, rules, or procedures of the 
Federal Communication Commission to the contrary, a qualifying 
educational FM radio station is entitled, upon application by the 
licensee of that station--
            (1) to have the license granted to such a station be 
        subject to the same license terms and renewal standards (other 
        than fees) as a license for a full-power class A FM radio 
        station under title III of the Communications Act of 1934 (47 
        U.S.C. 301 et seq.); and
            (2) to have the licensee of such a station accorded primary 
        status as a radio broadcaster with respect to that station as 
        long as the station continues to be a qualifying educational FM 
        radio station.

SEC. 3. NOTIFICATION, APPLICATION, AND DECISION.

    (a) Notification.--Within 30 days after the date of enactment of 
this Act, the Commission shall provide notice in writing of the 
provisions of this Act to each licensee of a Class D FM radio station 
that, as of May 1, 2004--
            (1) was licensed to an educational institution;
            (2) had a 60dBu service contour that equaled or exceeded 6 
        kilometers; and
            (3) had effective radiated power power in excess of 10 
        watts.
    (b) Application.--If the licensee of a qualifying educational FM 
radio station seeks to have the provisions of section 2 apply with 
respect to that station, the licensee shall submit an application to 
the Commission within 1 year after the date of enactment of this Act in 
such form and containing such information as the Commission may 
require. The Commission may not consider an application received more 
than 1 year after the date of enactment of this Act.
    (c) 30-Day Decision Required.--The Commission shall approve an 
application under this Act within 30 days after receipt of the 
completed application.

SEC. 4. PROTECTION OF EXISTING STATIONS' SPECTRUM.

    (a) In General.--Notwithstanding any provision of the 
Communications Act of 1934 (47 U.S.C. 151 et seq.) to the contrary, the 
Commission may not award or assign any portion of the radio spectrum 
assigned to a qualifying educational FM radio station for which an 
application is submitted under section 3 except as provided in this 
section.
    (b) Approved Applications.--If the licensee of a qualifying 
educational FM radio station submits an application under this Act 
within 1 year after the date of enactment of this Act and the 
Commission approves the application, then the Commission may not award 
or reassign any portion of the radio spectrum assigned to that station 
to a commercial FM radio station.
    (c) Restoration of Certain Spectrum.--If the Commission awarded or 
reassigned any portion of a qualifying educational FM radio station's 
spectrum to a commercial FM radio station after April 30, 2004, and 
before the date on which the Commission approves the qualifying 
educational FM radio station's application under section 3, the 
Commission shall revoke the award or reassignment of spectrum to the 
commercial FM radio station and restore it to the qualifying 
educational FM radio station no later than 30 days after the date on 
which the Commission issues an approval of the application that is not 
subject to appeal under chapter 5 of title 5, United States Code, or 
under the Commission's rules.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Qualifying educational fm radio station.--The term 
        ``qualifying educational FM radio station'' means a Class D FM 
        radio station that, as of May 1, 2004, and at all times 
        thereafter--
                    (A) is licensed to an educational institution;
                    (B) a 60dBu service contour that equals or exceeds 
                6 kilometers;
                    (C) has effective radiated power exceeding 10 
                watts; and
                    (D) meets all requirements for operation and 
                licensing as a class D FM radio station under title III 
                of the Communications Act of 1934 (47 U.S.C. 301 et 
                seq.) and the Commission's rules and regulations 
                promulgated under that Act.
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