[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1147 Reported in House (RH)]

                                                 Union Calendar No. 220
111th CONGRESS
  1st Session
                                H. R. 1147

                          [Report No. 111-375]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2009

   Mr. Doyle (for himself, Mr. Terry, Ms. Eshoo, Ms. Zoe Lofgren of 
 California, Mr. Wilson of South Carolina, Ms. Kilpatrick of Michigan, 
Mr. Hastings of Florida, Ms. Moore of Wisconsin, Mr. Paul, Mr. Brady of 
Pennsylvania, Mr. Tim Murphy of Pennsylvania, Ms. Schwartz, Mr. Payne, 
Mr. Hinojosa, Mr. Johnson of Illinois, Mr. Delahunt, Mr. Capuano, Mrs. 
   McMorris Rodgers, Mrs. Blackburn, and Ms. Baldwin) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

                           December 14, 2009

 Additional sponsors: Mr. Fortenberry, Mr. Clay, Mr. Inslee, Mr. Frank 
 of Massachusetts, Mr. Latham, Mr. Cardoza, Mr. Murtha, Mr. Loebsack, 
 Mr. Tonko, Mr. McGovern, Mr. Olver, Mr. Serrano, Mr. Farr, Mr. Engel, 
 Mr. Massa, Mr. Cleaver, Ms. Shea-Porter, Mr. Hinchey, Mr. Duncan, Mr. 
 Cohen, Ms. Lee of California, Mr. Rangel, Mr. Lewis of Georgia, Mrs. 
  McCarthy of New York, Mr. McNerney, Mr. Gutierrez, Mr. Filner, Ms. 
 Clarke, Mr. McDermott, Mr. Honda, Ms. Schakowsky, Ms. Velazquez, Mr. 
  Towns, Mrs. Maloney, Ms. Roybal-Allard, Mr. Hill, Ms. DeGette, Mr. 
 Welch, Mr. Deal of Georgia, Mr. Rothman of New Jersey, Mr. Akin, Ms. 
Bordallo, Mr. Bartlett, Mr. Cummings, Mr. Smith of Nebraska, Mr. Hare, 
 Mr. Kildee, Mrs. Napolitano, Mr. Tierney, Mr. Stark, Mr. Fattah, Mr. 
Baca, Mr. Conyers, Mr. Foster, Mr. Carney, Mr. Kucinich, Mr. Jackson of 
Illinois, Mr. Bishop of New York, Ms. Harman, Ms. Jackson-Lee of Texas, 
Ms. Matsui, Mrs. Davis of California, Mr. Reyes, Mrs. Christensen, Ms. 
            Slaughter, Mr. King of New York, and Ms. Hirono

                           December 14, 2009

  Reported with an amendment, 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]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 24, 2009]

_______________________________________________________________________

                                 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 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The passage of the Telecommunications Act of 1996 led 
        to increased consolidation of ownership in the radio industry.
            (2) At a hearing before the Committee on Commerce, Science, 
        and Transportation of the Senate 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) In part due to consolidation of media ownership, there 
        have been strong financial incentives for some companies to 
        reduce local programming and rely instead on syndicated 
        programming produced for hundreds of stations, though 
        noncommercial educational radio stations, including FM 
        translator stations, currently provide important local service, 
        as do many commercial radio stations. A renewal of commitment 
        to localism--local operations, local research, local 
        management, locally originated programming, local artists, and 
        local news and events--would bolster radio's service to the 
        public.
            (4) Local communities have sought to launch radio stations 
        to meet their local needs. However, due in part 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 Federal 
        Communications Commission sought to ``create opportunities for 
        new voices on the airwaves 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 Federal Communications 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 Federal Communications Commission based its LPFM rules on 
        the actual performance of these translators, which already 
        operate without undue interference to FM stations.
            (10) Small rural broadcasters were particularly concerned 
        about a lengthy and costly LPFM interference complaint process. 
        Therefore, in September 2000, the Federal Communications 
        Commission created a process to address interference complaints 
        regarding LPFM stations on an expedited basis.
            (11) In December 2000, Congress delayed the full 
        implementation of LPFM until the Federal Communications 
        Commission commissioned and reviewed an independent engineering 
        study. This action was due to some broadcasters' concerns that 
        LPFM service would cause interference in the FM radio band.
            (12) The Federal Communications Commission granted licenses 
        to over 800 LPFM stations 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 populations, artists, schools, 
        religious organizations, environmental groups, organizations 
        promoting literacy, and many other civically oriented 
        organizations.
            (13) After 2 years and the expenditure of $2,193,343 in 
        taxpayer dollars, the independent engineering study 
        commissioned by the Federal Communications Commission concluded 
        that concerns about interference on third-adjacent channels 
        were unwarranted.
            (14) The Federal Communications Commission issued a report 
        to Congress on February 19, 2004, which stated that ``Congress 
        should readdress this issue and modify the statute to eliminate 
        the third-adjacent channel distance separation requirement for 
        LPFM stations.''.
            (15) On November 27, 2007, the Federal Communications 
        Commission again unanimously affirmed LPFM, stating in a news 
        release about the adoption of the Low-Power FM Third Report and 
        Order and Second Notice of Proposed Rulemaking that the Federal 
        Communications Commission recommends ``to Congress that it 
        remove the requirement that LPFM stations protect full-power 
        stations operating on third-adjacent channels''. Until the date 
        of enactment of this Act, Congress had not acted upon that 
        recommendation.
            (16) Minorities represent almost a third of the population 
        of the United States. However, according to the Federal 
        Communications Commission's most recent Form 323 data on the 
        race and gender of full-power, commercial broadcast licensees, 
        minorities own only 7 percent of all local television and radio 
        stations. Women represent more than half of the population but 
        own only 6 percent of all local television and radio stations. 
        LPFM stations, while not a solution to the overall inequalities 
        in minority and female broadcast ownership, provide an 
        additional opportunity for underrepresented communities to 
        operate a station and offer local communities a greater 
        diversity of viewpoints and culture.
            (17) LPFM stations have proven to be a vital source of 
        information during local or national emergencies. Out of the 
        few stations that were able to stay on the air during Hurricane 
        Katrina, several were LPFM stations. In Bay St. Louis, 
        Mississippi, low-power FM station WQRZ remained on the air 
        during Hurricane Katrina and served as the Emergency Operations 
        Center for Hancock County. After Hurricane Katrina, when 
        thousands of evacuees temporarily housed at the Houston 
        Astrodome were unable to hear over the loudspeakers information 
        about the availability of food and ice, the location of Federal 
        Emergency Management Agency representatives, and the 
        whereabouts of missing loved ones, volunteers handed out 
        thousands of transistor radios and established an LPFM station 
        outside of the Astrodome to broadcast such information.

SEC. 3. 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 Commission to a low-power 
FM station prior to the date on which the Commission modifies its rules 
as required by subsection (a) and that does not comply with such 
modifications shall be invalid.''.

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 provide third-adjacent 
channel protection for full-power noncommercial FM stations and 
noncommercial FM translator and booster stations that broadcast radio 
reading services via an analog subcarrier frequency from potential low-
power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.

    The Federal Communications Commission, when licensing FM translator 
and low-power FM 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.

SEC. 7. 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. 8. 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) For a period of one year after a new low-power FM 
        station is constructed on a third-adjacent channel, the 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 the 
        new low-power FM station on a third-adjacent channel and shall 
        instruct affected listeners to contact the 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 
                interference complaints; and
                    (B) cooperate in addressing any such interference.
            (2) 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.
            (3) 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.
            (4) 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 or FM translator station by the 
                transmitter site of a low-power FM station on a third-
                adjacent channel at any distance from the full-service 
                or FM translator station; and
                    (C) accept complaints of interference to mobile 
                reception.
                                                 Union Calendar No. 220

111th CONGRESS

  1st Session

                               H. R. 1147

                          [Report No. 111-375]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 15, 2009

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