[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Senate]
[Page S12017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FORD:
  S. 1427. A bill to amend the Communications Act of 1934 to require 
the Federal Communications Commission to preserve lowpower television 
stations that provide community broadcasting, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.


           THE COMMUNITY BROADCASTERS PROTECTION ACT OF 1997

  Mr. FORD. Mr. President, today, I am pleased to introduce the 
Community Broadcasters Protection Act of 1997. This legislation is 
designed to provide some limited protections for the owners and 
operators of low-power television, or LPTV.
  Mr. President, when the Federal Communications Commission created 
low-power television licenses in the early 1980's, it did so with a 
simple premise: television stations unable to reach a large area, can 
still offer a valuable service to our communities. Low-power television 
stations operate at the higher ends of the broadcast spectrum and serve 
a more limited area, generally a coverage area of approximately 12 to 
15 miles. In addition, LPTV licensees operate as a ``secondary 
status''. That is, they cannot interfere with the transmission of full 
power television stations.
  Since their creation almost 20 years ago, LPTV stations have 
flourished. As entrepreneurs, LPTV owners and operators have 
experimented with various kinds of programming. Many have been 
extremely successful as local, community broadcasters, providing 
regional news and sports coverage. In fact, LPTV stations have much in 
common with full power stations. Many offer a full service daily 
program schedule. Other LPTV stations have predominantly religious, all 
news, all sports, or all movie formats. Still, many other LPTV stations 
offer more local and ``niche'' programming because their service areas 
are smaller, their audiences more targeted.
  Unfortunately, the transition to the digital television era threatens 
the viability of many LPTV stations. As their spectrum is reclaimed by 
the FCC for the purpose of providing the second channel for digital 
television, some of the LPTV stations may face darkness during the 
transition to digital television, or afterwards.
  Let me say, Mr. President, that I have been and continue to be, a 
supporter of the transition to digital television. I believe the move 
to digital television is a prudent use of modern technology for the use 
of a scarce public resource, the electromagnetic spectrum. But I also 
believe that as we make this transition, good public policy must 
support the investments made by LPTV licensees. I would note, Mr. 
President, that a majority of Members of the Senate agreed with me on 
this point as a number of Members joined me on a March 6, 1997 letter 
to then FCC Chairman Reed Hundt in which we expressed concerns about 
the plans for the transition to digital television.
  And while the FCC agrees that LPTV licensees have been successful and 
offer a valuable enterprise, there remains regulatory uncertainty for 
LPTV licensees in the digital age. That is why I have introduced the 
Community Broadcasters Protection Act of 1997. This legislation will 
elevate some LPTV stations from their current secondary status to a 
newly created Class A license. In so doing, Class A LPTV licensees 
would be treated under law and FCC regulations like a full power 
television station. That is, Class A LPTV licensees would assume the 
same duties and responsibilities as their full power counterparts.
  To qualify for a Class A license, an LPTV station must broadcast a 
minimum of 18 hours per day, and broadcast an average of at least 3 
hours per week of programming produced within the market area served by 
the LPTV station. LPTV stations must be operating under these 
conditions within the last 2 years before enactment of this legislation 
and within 6 months of filing for the license. Once an LPTV station 
obtains a Class A license, the FCC would be required to find spectrum 
for the station in the new digital television era. Like its full power 
counterparts, a Class A licensee could not be forced off the air by 
having its license terminated or rescinded. However, in those instances 
where the FCC cannot accommodate an LPTV licensee in one market, 
because of the potential for interference with full power digital 
transmissions, the FCC is authorized to award the LPTV Class A licensee 
another license in an adjacent community, or if that is not available, 
in another community acceptable to the licensee.
  Lower-power television licensees are willing and prepared to join 
their full power counterparts in the transition to digital television--
a transition which is technically complex and potentially costly for 
both full power and low-power broadcasters. But as long as there 
remains a regulatory uncertainty about the future of LPTV, they will 
not be able to obtain the investments and capital to make that 
transition.
  It is an interesting historic footnote, that at the time LPTV was 
authorized by the FCC, then FCC Chairman Charles Ferris suggested that 
one day, LPTV could develop into full power television stations. While 
this legislation does not elevate LPTV to full power status, I do 
believe that this legislation addresses a critical issue for LPTV 
supporters--the development of adequate protections in the digital age 
for broadcasters who provide a significant benefit to the public. I 
hope my colleagues, who are also supporters of their community 
broadcasters agree with me and will lend their support to move this 
legislation forward towards enactment.
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