[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 592 Reported in Senate (RS)]

                                                       Calendar No. 310
111th CONGRESS
  2d Session
                                 S. 592

                          [Report No. 111-160]

    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

                             March 12, 2009

   Ms. Cantwell (for herself, Mr. McCain, Mr. Leahy, Mr. Durbin, Mr. 
  Feingold, Mr. Schumer, Mr. Sanders, and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             March 9, 2010

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Local Community Radio Act 
of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The passage of the Telecommunications Act of 
        1996 led to increased ownership consolidation in the radio 
        industry.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) In 2003, the average cost to acquire a 
        commercial radio station was more than $2,500,000.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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 Commission 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (12) The delay prevented millions of Americans 
        from having a locally operated, community based radio station 
        in their neighborhood.</DELETED>
        <DELETED>    (13) Over 500 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (15) Minorities represent almost a third of our 
        population. However, according to the Federal Communication 
        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 provide local communities with a greater diversity 
        of viewpoints and culture.</DELETED>
        <DELETED>    (16) 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 online during 
        Katrina, several were LPFM stations. In Bay St. Louis, 
        Mississippi, LPFM station WQRZ remained on the air during 
        Hurricane Katrina and served as the Emergency Operations Center 
        for Hancock County. Additionally, after Hurricane Katrina when 
        thousands of evacuees temporarily housed at the Houston 
        Astrodome were unable to hear information about the 
        availability of food and ice, the location of FEMA 
        representatives, and the whereabouts of missing loved ones over 
        the loud speakers, volunteers handed out thousands of 
        transistor radios and established a LPFM station outside the 
        Astrodome to broadcast such information.</DELETED>

<DELETED>SEC. 3. REPEAL OF PRIOR LAW.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.</DELETED>

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

<DELETED>SEC. 5. PROTECTION OF RADIO READING SERVICES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM 
              STATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Community Radio Act of 2009''.

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 Commission 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) Over 500 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.
            (15) Minorities represent almost a third of our population. 
        However, according to the Federal Communication 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 provide 
        local communities with a greater diversity of viewpoints and 
        culture.
            (16) 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 online during Katrina, 
        several were LPFM stations. In Bay St. Louis, Mississippi, LPFM 
        station WQRZ remained on the air during Hurricane Katrina and 
        served as the Emergency Operations Center for Hancock County. 
        Additionally, after Hurricane Katrina when thousands of 
        evacuees temporarily housed at the Houston Astrodome were 
        unable to hear information about the availability of food and 
        ice, the location of FEMA representatives, and the whereabouts 
        of missing loved ones over the loud speakers, volunteers handed 
        out thousands of transistor radios and established a LPFM 
        station outside the Astrodome to broadcast such information.

SEC. 3. MODIFICATION OF PRIOR LAW REGARDING LOW-POWER FM RADIO 
              STATIONS.

    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. 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 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).''.

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.

SEC. 7. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM 
              STATIONS.

    The Federal Communications Commission shall conduct an economic 
study on the impact that low-power FM stations will have on full-power 
commercial FM stations.

SEC. 8. FEDERAL COMMUNICATIONS COMMISSION RULES.

    The Federal Communications Commission shall retain its rules that 
provide third-adjacent channel protection for full-power FM stations 
that are licensed in significantly populated States with more than 
3,000,000 housing units and a population density greater than 1,000 per 
square mile land area.
                                                       Calendar No. 310

111th CONGRESS

  2d Session

                                 S. 592

                          [Report No. 111-160]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 9, 2010

                       Reported with an amendment