[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Enrolled Bill (ENR)]

        S.3405

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two


                                 An Act


 
    To require the Federal Communications Commission to issue a rule 
  providing that certain low power television stations may be accorded 
 primary status as Class A television licensees, and for other purposes.

    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 ``Low Power Protection Act''.
SEC. 2. LOW POWER TV STATIONS.
    (a) Definitions.--In this section--
        (1) the term ``Commission'' means the Federal Communications 
    Commission;
        (2) the term ``Designated Market Area'' means--
            (A) a Designated Market Area determined by Nielsen Media 
        Research or any successor entity; or
            (B) a Designated Market Area under a system of dividing 
        television broadcast station licensees into local markets using 
        a system that the Commission determines is equivalent to the 
        system established by Nielsen Media Research; and
        (3) the term ``low power TV station'' has the meaning given the 
    term ``digital low power TV station'' in section 74.701 of title 
    47, Code of Federal Regulations, or any successor regulation.
    (b) Purpose.--The purpose of this section is to provide low power 
TV stations with a limited window of opportunity to apply for the 
opportunity to be accorded primary status as Class A television 
licensees.
    (c) Rulemaking.--
        (1) In general.--Not later than 90 days after the date of 
    enactment of this Act, the Commission shall issue a notice of 
    proposed rulemaking to issue a rule that contains the requirements 
    described in this subsection.
        (2) Requirements.--
            (A) In general.--The rule with respect to which the 
        Commission is required to issue notice under paragraph (1) 
        shall provide that, during the 1-year period beginning on the 
        date on which that rule takes effect, a low power TV station 
        may apply to the Commission to be accorded primary status as a 
        Class A television licensee under section 73.6001 of title 47, 
        Code of Federal Regulations, or any successor regulation.
            (B) Considerations.--The Commission may approve an 
        application submitted under subparagraph (A) if the low power 
        TV station submitting the application--
                (i) satisfies--

                    (I) section 336(f)(2) of the Communications Act of 
                1934 (47 U.S.C. 336(f)(2)) and the rules issued under 
                that section, including the requirements under such 
                section 336(f)(2) with respect to locally produced 
                programming, except that, for the purposes of this 
                subclause, the period described in the matter preceding 
                subclause (I) of subparagraph (A)(i) of such section 
                336(f)(2) shall be construed to be the 90-day period 
                preceding the date of enactment of this Act; and
                    (II) paragraphs (b), (c), and (d) of 73.6001 of 
                title 47, Code of Federal Regulations, or any successor 
                regulation;

                (ii) demonstrates to the Commission that the Class A 
            station for which the license is sought will not cause any 
            interference described in section 336(f)(7) of the 
            Communications Act of 1934 (47 U.S.C. 336(f)(7)); and
                (iii) as of the date of enactment of this Act, operates 
            in a Designated Market Area with not more than 95,000 
            television households.
        (3) Applicability of license.--A license that accords primary 
    status as a Class A television licensee to a low power TV station 
    as a result of the rule with respect to which the Commission is 
    required to issue notice under paragraph (1) shall--
            (A) be subject to the same license terms and renewal 
        standards as a license for a full power television broadcast 
        station, except as otherwise expressly provided in this 
        subsection; and
            (B) require the low power TV station to remain in 
        compliance with paragraph (2)(B) during the term of the 
        license.
    (d) Reporting.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report regarding the 
implementation of this section, which shall include--
        (1) a list of the current, as of the date on which the report 
    is submitted, licensees that have been accorded primary status as 
    Class A television licensees; and
        (2) of the licensees described in paragraph (1), an 
    identification of each such licensee that has been accorded the 
    status described in that paragraph because of the implementation of 
    this section.
    (e) Rule of Construction.--Nothing in this section may be construed 
to affect a decision of the Commission relating to completion of the 
transition, relocation, or reimbursement of entities as a result of the 
systems of competitive bidding conducted pursuant to title VI of the 
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et 
seq.), and the amendments made by that title, that are collectively 
commonly referred to as the ``Television Broadcast Incentive Auction''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.