[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 312 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 312

    To implement the recommendations of the Federal Communications 
   Commission report to the Congress regarding low-power FM service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2005

 Mr. McCain (for himself, Ms. Cantwell, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To implement the recommendations of the Federal Communications 
   Commission report to the Congress regarding low-power FM service.

    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 ``Local Community Radio Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The passage of the Telecommunications Act of 1996 led 
        to increased ownership consolidation in the radio industry.
            (2) At a hearing before the Senate Committee on Commerce, 
        Science, and Transportation, on June 4, 2003, all 5 members of 
        the Federal Communications Commission testified that there has 
        been, in at least some local radio markets, too much 
        consolidation.
            (3) A commitment to localism--local operations, local 
        research, local management, locally-originated programming, 
        local artists, and local news and events--would bolster radio 
        listening.
            (4) Local communities have sought to launch radio stations 
        to meet their local needs. However, due to the scarce amount of 
        spectrum available and the high cost of buying and running a 
        large station, many local communities are unable to establish a 
        radio station.
            (5) In 2003, the average cost to acquire a commercial radio 
        station was more than $2,500,000.
            (6) In January, 2000, the Federal Communications Commission 
        authorized a new, affordable community radio service called 
        ``low-power FM'' or ``LPFM'' to ``enhance locally focused 
        community-oriented radio broadcasting''.
            (7) Through the creation of LPFM, the Commission sought to 
        ``create opportunities for new voices on the air waves and to 
        allow local groups, including schools, churches, and other 
        community-based organizations, to provide programming 
        responsive to local community needs and interests''.
            (8) The Commission made clear that the creation of LPFM 
        would not compromise the integrity of the FM radio band by 
        stating, ``We are committed to creating a low-power FM radio 
        service only if it does not cause unacceptable interference to 
        existing radio service.''.
            (9) Currently, FM translator stations can operate on the 
        second- and third-adjacent channels to full power radio 
        stations, up to an effective radiated power of 250 watts, 
        pursuant to part 74 of title 47, Code of Federal Regulations, 
        using the very same transmitters that LPFM stations will use. 
        The FCC based its LPFM rules on the actual performance of these 
        translators that already operate without undue interference to 
        FM stations. The actual interference record of these 
        translators is far more useful than any results that further 
        testing could yield.
            (10) Small rural broadcasters were particularly concerned 
        about a lengthy and costly interference complaint process. 
        Therefore, in September, 2000, the Commission created a simple 
        process to address interference complaints regarding LPFM 
        stations on an expedited basis.
            (11) In December, 2000, Congress delayed the full 
        implementation of LPFM until an independent engineering study 
        was completed and reviewed. This delay was due to some 
        broadcasters' concerns that LPFM service would cause 
        interference in the FM band.
            (12) The delay prevented millions of Americans from having 
        a locally operated, community based radio station in their 
        neighborhood.
            (13) Approximately 300 LPFM stations were allowed to 
        proceed despite the congressional action. These stations are 
        currently on the air and are run by local government agencies, 
        groups promoting arts and education to immigrant and indigenous 
        peoples, artists, schools, religious organizations, 
        environmental groups, organizations promoting literacy, and 
        many other civically-oriented organizations.
            (14) After 2 years and the expenditure of $2,193,343 in 
        taxpayer dollars to conduct this study, the broadcasters' 
        concerns were demonstrated to be unsubstantiated.

SEC. 3. REPEAL OF PRIOR LAW.

    Section 632 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 
106-553; 114 Stat. 2762A-111), is repealed.

SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.

    The Federal Communications Commission shall modify its rules to 
eliminate third-adjacent minimum distance separation requirements 
between--
            (1) low-power FM stations; and
            (2) full-service FM stations, FM translator stations, and 
        FM booster stations.

SEC. 5. PROTECTION OF RADIO READING SERVICES.

    The Federal Communications Commission shall retain its rules that 
provide third-adjacent channel protection for full-power non-commercial 
FM stations that broadcast radio reading services via a subcarrier 
frequency from potential low-power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

    The Federal Communications Commission when licensing FM translator 
stations shall ensure--
            (1) that licenses are available to both FM translator 
        stations and low-power FM stations; and
            (2) that such decisions are made based on the needs of the 
        local community.
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