[Congressional Record Volume 146, Number 12 (Thursday, February 10, 2000)]
[Senate]
[Page S626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG:
  S. 2068. A bill to prohibit the Federal Communications Commission 
from establishing rules authorizing the operation of new, low power FM 
radio stations; to the Committee on Commerce, Science, and 
Transportation.


            the radio broadcasting presentation act of 2000

 Mr. GREGG. Mr. President, I rise today to introduce the Radio 
Broadcasting Preservation Act of 2000. On January 20, 2000, the FCC 
approved a new non-commercial low-power FM (LPFM) radio service. In 
order for LPFM stations to fit in the FM band, the FCC will have to 
significantly weaken the existing interference protections it developed 
and has subscribed to for decades. The public commentary and technical 
analysis shows that LPFM will cause interference with current FM 
stations, and thus result in a loss of service to listeners. It is 
imperative that the integrity of the spectrum is protected and that all 
individuals have access to local news, weather and emergency 
information free from interference. Both public and commercial radio 
stations are opposed to the FCC's proposal in its current form.

  These new FCC rules are inconsistent with sound spectrum management. 
I believe that this issue requires further study, as well as 
Congressional hearings, to fully examine the impact that LPFM would 
have on existing FM radio service. Therefore, I am introducing the 
Radio Broadcasting Preservation Act. This legislation would repeal any 
prescribed rules authorizing LPFM and revoke LPFM licenses that may be 
issued prior to the date of enactment of this bill.
  While the desire to provide a forum for community groups to have a 
greater voice is laudable, a multitude of alternatives already exist. 
Currently, groups may obtain commercial or noncommercial radio 
licenses, use public access cable, publish newsletters, and utilize 
Internet web sites and e-mail. It is important that our efforts to 
create more opportunities for those who support LPFM do not lead to the 
denial of access for others who depend on FM radio for safety, news, 
and entertainment. For instance, inexpensive and older radios, 
particularly vulnerable to interference and most commonly used by low-
income and elderly listeners, will sustain the greatest negative impact 
caused by LPFM.
  Furthermore, it is not clear whether the relaxation of first, second, 
or third adjacent channel protection standards will have an adverse 
effect on the transition to digital radio. Unlike television 
broadcasters, who are being given additional free spectrum to broadcast 
in digital format, radio broadcasters must use the current spectrum 
allocations to transmit both digital and analog signals, making 
adjacent channel safeguards all the more important. At a minimum, 
adding a large number of LPFMs to the already congested FM band will 
make the transition to digital radio increasingly difficult and 
problematic.
  Finally, the new low-power proposal makes formerly unlicensed, pirate 
radio operators eligible for LPFM licenses. This ruling re-enforces 
their unlawful behavior and encourages future illegal activity by 
opening the door to new unauthorized broadcasters. The introduction of 
thousands of LPFM stations not only rewards illegal activity, but is 
certain to undermine the integrity of the radio spectrum, interfering 
with current FM service and penalizing the listening public. The radio 
programming supplied to listeners by existing radio stations provides 
crucial news, weather, and emergency information, as well as cultural 
entertainment, which must be preserved.
  I ask that the text of the bill be printed in the Record. The bill 
follows:

                                S. 2068

       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 ``Radio Broadcasting 
     Preservation Act of 2000''.

     SEC. 2. PROHIBITION.

       (a) Rules Prohibited.--Notwithstanding section 303 of the 
     Communications Act of 1934 (47 U.S.C. 303), the Federal 
     Communications Commission shall not prescribe rules 
     authorizing the operation of new, low power FM radio 
     stations, or establishing a low power radio service, as 
     proposed in MM Docket No. 99-25.
       (b) Termination of Previously Prescribed Rules.--Any rules 
     prescribed by the Federal Communications Commission before 
     the date of the enactment of this Act that would be in 
     violation of the prohibition in subsection (a) if prescribed 
     after such date shall cease to be effective on such date. Any 
     low power radio licenses issued pursuant to such rules before 
     such date shall be void.
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