[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1147 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1147


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2009

                                Received

                           December 24, 2009

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

_______________________________________________________________________

                                 AN ACT


 
    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 2009''.

SEC. 2. AMENDMENT.

    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 amended to read as follows:
    ``Sec. 632. (a) 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--
            ``(1) prescribe protection for co-channels and first- and 
        second-adjacent channels; and
            ``(2) 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).
    ``(b) Any license that was issued by the Federal Communications 
Commission to a low-power FM station prior to April 2, 2001, and that 
does not comply with the modifications adopted by the Commission in MM 
Docket No. 99-25 on April 2, 2001, shall remain invalid.''.

SEC. 3. 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. 4. PROTECTION OF RADIO READING SERVICES.

    The Federal Communications Commission shall comply with its 
existing minimum distance separation requirements for full-service FM 
stations, FM translator stations, and FM booster stations that 
broadcast radio reading services via an analog subcarrier frequency to 
avoid potential interference by low-power FM stations.

SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.

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

SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS.

    The Federal Communications Commission shall modify its rules to 
address the potential for predicted interference to FM translator input 
signals on third-adjacent channels set forth in section 2.7 of the 
technical report entitled ``Experimental Measurements of the Third-
Adjacent Channel Impacts of Low-Power FM Stations, Volume One--Final 
Report (May 2003)''.

SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.

    The Federal Communications Commission shall modify the interference 
complaint process described in section 73.810 of its rules (47 CFR 
73.810) as follows:
            (1) With respect to those low-power FM stations licensed at 
        locations that do not satisfy third-adjacent channel spacing 
        requirements under section 73.807 of the Commission's rules (47 
        CFR 73.807), the Federal Communications Commission shall 
        provide the same interference protections that FM translator 
        stations and FM booster stations are required to provide as set 
        forth in section 74.1203 of its rules (47 CFR 74.1203) as in 
        effect on the date of enactment of this Act.
            (2) For a period of 1 year after a new low-power FM station 
        is constructed on a third-adjacent channel, such low-power FM 
        station shall be required to broadcast periodic announcements 
        that alert listeners that interference that they may be 
        experiencing could be the result of the operation of such low-
        power FM station on a third-adjacent channel and shall instruct 
        affected listeners to contact such low-power FM station to 
        report any interference. The Federal Communications Commission 
        shall require all newly constructed low-power FM stations on 
        third-adjacent channels to--
                    (A) notify the Federal Communications Commission 
                and all affected stations on third-adjacent channels of 
                an interference complaint by electronic communication 
                within 48 hours after the receipt of such complaint; 
                and
                    (B) cooperate in addressing any such interference.
            (3) Low-power FM stations on third-adjacent channels shall 
        be required to address complaints of interference within the 
        protected contour of an affected station and shall be 
        encouraged to address all other interference complaints, 
        including complaints to the Federal Communications Commission 
        based on interference to a full-service FM station, an FM 
        translator station, or an FM booster station by the transmitter 
        site of a low-power FM station on a third-adjacent channel at 
        any distance from the full-service FM station, FM translator 
        station, or FM booster station. The Federal Communications 
        Commission shall provide notice to the licensee of a low-power 
        FM station of the existence of such interference within 7 
        calendar days of the receipt of a complaint from a listener or 
        another station.
            (4) To the extent possible, the Federal Communications 
        Commission shall grant low-power FM stations on third-adjacent 
        channels the technical flexibility to remediate interference 
        through the colocation of the transmission facilities of the 
        low-power FM station and any stations on third-adjacent 
        channels.
            (5) The Federal Communications Commission shall--
                    (A) permit the submission of informal evidence of 
                interference, including any engineering analysis that 
                an affected station may commission;
                    (B) accept complaints based on interference to a 
                full-service FM station, FM translator station, or FM 
                booster station by the transmitter site of a low-power 
                FM station on a third-adjacent channel at any distance 
                from the full-service FM station, FM translator 
                station, or FM booster station; and
                    (C) accept complaints of interference to mobile 
                reception.

SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-SERVICE 
              COMMERCIAL FM STATIONS.

    (a) In General.--The Federal Communications Commission shall 
conduct an economic study on the impact that low-power FM stations will 
have on full-service commercial FM stations.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Federal Communications Commission shall submit a report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives on the study conducted under subsection (a).
    (c) Licensing Not Affected by Study.--Nothing in this section shall 
affect the licensing of new low-power FM stations as otherwise 
permitted under this Act.

            Passed the House of Representatives December 16, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.