[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10462-S10463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS (for himself, Mr. Wyden, Mr. Lott, and Mr. 
        Hollings):
  S. 1547. A bill to amend the Communications Act of 1934 to require 
the Federal Communications Commission to preserve low-power television 
stations that provide community broadcasting, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.


           The Community Broadcasters Protection Act of 1999

  Mr. BURNS. Madame President, I am very pleased to introduce the 
``Community Broadcasters Protection Act of 1999,'' along with my 
colleagues Senator Wyden, Senator Lott and Senator Hollings.
  This critical legislation was championed last year by my good friend 
and former colleague Senator Ford. The Commerce Committee unanimously 
reported this bill on October 2, 1998 but unfortunately there was not 
sufficient time to complete action on the bill.
  Low power television stations (LPTV) offer their communities 
significant services including valuable local and other specialized 
programming to unserved and underserved audiences throughout the United 
States. As secondary service broadcasters, they remain vulnerable to 
displacement and encounter huge problems with capital formation but 
have significant infrastructure requirements.
  This legislation has a very simple but important purpose. It provides 
an opportunity for LPTV licensees to convert their temporary licenses 
to permanent licenses. While the opportunity is available to all 
licensees, the legislation provides that only those who do a 
significant amount of local programming in their service areas are 
eligible for the class A permanent licenses. To ensure a serious and 
high quality level of local broadcasting by all class A licensees, this 
bill also requires that all class A licensees comply with the operating 
rules for full power stations.
  I would like to emphasize that this bill takes into account the 
hearings that were held last year before the House Subcommittee on 
Telecommunications, during which the Federal Communications Commission 
noted that the previous bill was not sufficiently flexible to address 
unforeseen engineering-related problems concerning the transition to 
digital television. The current bill provides that flexibility to 
ensure that the Commission can make whatever engineering changes that 
are necessary, even channel changes, to ensure that every full power 
station in the U.S. can achieve digital television service replication 
of its analog service area.
  I thank my colleagues for their support on this vital piece of 
legislation and look forward to seeing it passed by the Senate and into 
law.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1547

       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 ``Community Broadcasters 
     Protection Act of 1999''.

     SEC. 2. FINDINGS.

       The Congress finds that:
       (1) Since the creation of low-power television licenses by 
     the Federal Communications Commission, a number of license 
     holders have operated their stations in a manner beneficial 
     to the public good providing broadcasting to their 
     communities that would not otherwise be available.
       (2) These low-power broadcasters have operated their 
     stations in a manner consistent with the programming 
     objectives and hours of operation of full-power broadcasters 
     providing worthwhile services to their respective communities 
     while under sever license limitations compared to their full-
     power counterparts.
       (3) License limitations, particularly the temporary nature 
     of the license, have blocked many low-power broadcasters from 
     having access to capital, and have severely hampered their 
     ability to continue to provide quality broadcasting, 
     programming, or improvements.
       (4) The passage of the Telecommunications Act of 1996 has 
     added to the uncertainty of the future status of these 
     stations by the lack of specific provisions regarding the 
     permanency of their licenses, or their treatment during the 
     transition to high definition, digital television.
       (5) It is in the public interest to promote diversity in 
     television programming formats by encouraging low power 
     television stations that serve foreign language communities. 
     These communities should not lose their access to foreign 
     language programming as a result of the transition to digital 
     television.

     SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION 
                   BROADCASTING.

       (a) Section 336 of the Communications Act of 1934 (47 
     U.S.C. 336) is amended:
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Preservation of Low-Power Community Television 
     Broadcasting.
       ``(1) Creation of Class A Licenses. Within 120 days after 
     the date of enactment of the Community Broadcasters 
     Protection Act of 1999, the Commission shall prescribe 
     regulations to establish a class A television to be available 
     to licensees of qualifying low-power television stations. 
     Such license shall be subject to the same license terms, and 
     renewal standards as the licenses for full-power television 
     stations except as provided in this section, and each class A 
     licensee shall be accorded primary status as a television 
     broadcaster as long as the station continues to meet the 
     requirements for a qualifying low-power station in paragraph 
     (2). Within 30 days after the date of enactment of the 
     Community Broadcasters Protection Act of 1999, the Commission 
     shall send a notice to the licensees of all low-power 
     television licenses that describes the requirements for Class 
     A designation. Within 60 days after the date of enactment of 
     the Community Broadcasters Protection Act of 1999, licensees 
     intending to seek Class A designation shall submit to the 
     Commission a certification of eligibility based on the 
     qualification requirements of this Act. Absent a material 
     deficiency, the Commission shall grant certification of 
     eligibility to apply for Class A status. The Commission shall 
     act to preserve the contours of low-power television 
     licensees pending the final resolution of a Class A 
     application. Under the requirements set forth in paragraph 
     (2)(A) and (B) and paragraph (6) of this subsection, a 
     licensee may submit an application for Class A designation 
     under this paragraph only within 30 days after final 
     regulations are adopted, except as provided for in Paragraph 
     (6)(A). The Commission shall, within 30 days after receipt of 
     an application that is acceptable for filing, award such a 
     Class A television station license to any licensee of a 
     qualifying low-power television station. If, after granting 
     certification of eligibility or a Class A license, unforeseen 
     technical problems arise that require an engineering solution 
     to a station's allotted parameters or channel assignment in 
     the digital television Table of Allotments, the Commission 
     may make such modifications as are necessary to ensure 
     replication of the digital television applicant's service 
     area as provided for in section 622 of the Commission's 
     regulations (47 C.F.R. 602).
       ``(2) Qualifying low-power television stations. For 
     purposes of this subsection, a station is a qualifying low-
     power television station if:
       ``(A) during the 90 days preceding the date of enactment of 
     the Community Broadcasters Protection Act of 1999:
       ``(i) such station broadcast a minimum of 18 hours per day;
       ``(ii) such station broadcast an average of at least 3 
     hours per week of programming that was produced within the 
     market area served by such station, or the market area served 
     by a group of commonly controlled stations that carry common 
     local programming not otherwise available to their 
     communities; and
       ``(iii) such station was in compliance with the 
     Commission's requirements applicable to low-power television 
     stations; and
       ``(B) from and after the date of its application for a 
     Class A license, the station is in

[[Page S10463]]

     compliance with the Commission's operating rules for full 
     power television stations; or
       ``(C) the Commission determines that the public interest, 
     convenience, and necessity would be served by treating the 
     station as a qualifying low-power television station for 
     purposes of this section, or for other reasons determined by 
     the Commission.
       ``(3) Common ownership. No low-power television station 
     that is authorized as of the date of enactment of the 
     Community Broadcasters Protection Act of 1999 shall be 
     disqualified for a class A license based on common ownership 
     with any medium of mass communication.
       ``(4) Issuance of licenses for advanced television services 
     to qualifying low-power television stations. The Commission 
     is not required to issue any additional licenses for advanced 
     television services to the licensees of the class A 
     television stations but shall accept such license 
     applications proposing facilities that will not cause 
     interference to any other broadcast facility authorized on 
     the date of filing of the Class A advanced television 
     application. Such new license or the original license of the 
     applicant shall be forfeited at the end of the digital 
     television transition. Low-power television station licensees 
     may, at the option of licensee, elect to convert to the 
     provision of advanced television services on its analog 
     channel, but shall not be required to convert to digital 
     operation until the end of the digital television transition.
       ``(5) No preemption of section 337. Nothing in this section 
     preempts section 337 of this Act.
       ``(6) Interim qualification.
       ``(A) Stations operating within certain bandwidth. The 
     Commission may not grant a Class A license to a low power 
     television station operating between 698 and 806 megahertz, 
     but the Commission shall provide to low power television 
     stations assigned to and temporarily operating in that 
     bandwidth the opportunity to meet the qualification 
     requirements for a Class A license.
                                 ______