[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 3405

_______________________________________________________________________

                                 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''.

            Passed the Senate December 21, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 3405

_______________________________________________________________________

                                 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.