[Congressional Record Volume 146, Number 103 (Thursday, September 7, 2000)]
[Senate]
[Pages S8209-S8212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAMS (for himself, Mr. Baucus, Mr. Inhofe, Mr. Gregg, and 
        Mrs. Hutchison):
  S. 3020. A bill to require the Federal Communications Commission to 
revise its regulations authorizing the operation of new, low-power FM 
radio stations; to the Committee on Commerce, Science, and 
Transportation.


              radio broadcasting preservation act of 2000

  Mr. GRAMS. Mr. President, I rise today to introduce legislation to 
address the ongoing dispute between advocates of low power FM radio and 
full power FM radio broadcasters. I am pleased to be joined in this 
bipartisan effort by Senators Baucus, Inhofe, Gregg, and Hutchison. Our 
legislation, the ``Radio Broadcasting Preservation Act of 2000,'' was 
overwhelmingly passed by the House of Representatives on April 13th by 
a vote of 274-110.
  On January 20th, the Federal Communications Commission narrowly 
adopted a proposal that would establish a new radio service known as 
low power FM radio (LPFM). Under this program, the Commission would 
license hundreds of new low power FM

[[Page S8210]]

radio stations in two classes. The new service would license stations 
with a maximum power level of 10 watts that would reach an area with a 
radius of between 1 and 2 miles, and a second class of stations with a 
maximum power level of 100 watts that would reach an area with a radius 
of three and a half miles. Although the commission adopted first- and 
second-adjacent channel interference protections as part of its 
rulemaking, it chose to allow LPFM stations to be licensed on third-
adjacent channels. The FCC began accepting applications for this new 
service on May 30th.
  Over the last several months, I have carefully listened to 
Minnesotans who care deeply about the issues involved in the debate 
over LPFM. In the absence of third-adjacent channel protection, 
incumbent FM broadcasters believe that low power FM radio stations 
would cause interference to existing radio services. LPFM advocates 
argue that the Federal Communications Commission has conducted adequate 
testing for interference and that requiring third adjacent channel 
protections would unnecessarily limit the number of licensed low power 
FM radio stations. Further, they suggest that the 1996 
Telecommunications Act has resulted in unprecedented concentration 
within the telecommunications industry.
  Although I have many concerns about the impact of LPFM service upon 
current FM radio broadcasting, I share the commission's stated goal of 
increasing diversity in radio and television broadcasting. Earlier this 
Congress, I supported the enactment of the Community Broadcasters Act, 
which preserves the unique community television broadcasting provided 
by low power television stations that are operated by diverse groups 
such as high schools, churches, local government and individual 
citizens. I also look forward to reviewing the findings and 
recommendations from the ongoing survey of minority broadcast owners 
being conducted by the National Telecommunications and Information 
Administration that will be used to analyze the impact of the 1996 
Telecommunications Act upon minority broadcast ownership in the United 
States.
  Mr. President, I am also very mindful of the concerns about LPFM 
raised by radio reading service programs. In my home state, the State 
Services for the Blind sponsors the ``Radio Talking Book'' program. 
Radio Talking Book is a closed-circuit broadcast system which uses FM 
subcarrier frequencies from radio stations in Minnesota and South 
Dakota to deliver readings from newspapers, magazines and books on a 
daily basis to more than 10,000 blind and visually impaired persons. 
Sub-carrier signals are the most vulnerable to low power FM radio 
interference because they are located at the outer edge of the 
frequency space.

  I am troubled by the Federal Communications Commission's decision to 
adopt LPFM without conducting field testing of subcarrier receivers. 
Nearly eight months after the Commission approved LPFM, engineering 
studies and field testing of these receivers have not yet been 
completed by the Commission, and it remains unclear as to how the FCC 
intends to address interference that may be caused to radio reading 
services. The agency's inaction underscores the haste in which the LPFM 
plan was developed and gives credence to the view that the adoption of 
the FCC rules was a rush to judgment. I ask unanimous consent that 
letters from Minnesota Public Radio, the Minnesota State Services for 
the Blind and the International Association of Audio Information 
Services be inserted into the Record at this time.
  For these reasons, I am pleased to introduce the ``Radio Broadcasting 
Preservation Act of 2000.'' I believe this legislation represents the 
interests of LPFM advocates, full power FM broadcasters, and most 
importantly--radio listeners. This compromise bill will allow the 
Federal Communications Commission to license lower power FM radio 
stations while requiring additional third adjacent channel protections 
for full power FM broadcasters.
  Among its other provisions, the Radio Broadcasting Preservation Act 
of 2000 would require that an independent party conduct testing in nine 
FM radio markets to determine whether LPFM without third adjacent 
channel protections would cause harmful interference to existing FM 
radio services. The legislation would require the FCC to submit a 
report to Congress which analyzes the experimental test program 
results; and evaluates the impact of LPFM on listening audiences, 
incumbent FM radio broadcasters, minority and small market 
broadcasters, and radio stations that provide radio reading services to 
the blind.
  Mr. President, some advocates of the low power FM plan adopted by the 
Commission argue that the Congress should simply allow the agency to 
move forward on LPFM without any input or modifications from Congress. 
Those individuals apparently favor granting legislative authority to 
federal regulatory agencies. Since the establishment of the Federal 
Communications Commission through an Act of Congress in 1934, members 
of the House and Senate have consistently exercised appropriate 
oversight of FCC rules and proposals.
  As a member of the Senate, I have carefully monitored the 
Commission's activities to ensure responsible public policy and the 
wisest use of taxpayer dollars. Over the last few years, I have 
expressed my concern over a number of issues considered by the 
Commission, including satellite television, rights-of-way management, 
universal service, the impact of digital television rules upon low 
power television and translator stations, and most recently low power 
FM radio. Congress should not abdicate its oversight responsibilities 
when considering the LPFM issue.
  Mr. President, I firmly believe that the ``Radio Broadcasting 
Preservation Act of 2000'' will strengthen community broadcasting 
without sacrificing existing radio services. I ask unanimous consent 
that the full text of this bill and additional material be printed in 
the Record and I yield the floor.
  There being no objection, the material was ordered to be printed in 
the Record,  as follows:

                                S. 3020

       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. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.

       (a) Third-Adjacent Channel Protections Required.--
       (1) Modifications required.--The Federal Communications 
     Commission shall modify the rules authorizing the operation 
     of low-power FM radio stations, as proposed in MM Docket No. 
     99-25, to--
       (A) prescribe minimum distance separations for third-
     adjacent channels (as well as for co-channels and first- and 
     second-adjacent channels); and
       (B) prohibit any applicant from obtaining a low-power FM 
     license if the applicant has engaged in any manner in the 
     unlicensed operation of any station in violation of section 
     301 of the Communications Act of 1934 (47 U.S.C. 301).
       (2) Congressional authority required for further changes.--
     The Federal Communications Commission may not--
       (A) eliminate or reduce the minimum distance separations 
     for third-adjacent channels required by paragraph (1)(A); or
       (B) extend the eligibility for application for low-power FM 
     stations beyond the organizations and entities as proposed in 
     MM Docket No. 99-25 (47 CFR 73.853),
     except as expressly authorized by Act of Congress enacted 
     after the date of the enactment of this Act.
       (3) Validity of prior actions.--Any license that was issued 
     by the Commission to a low-power FM station prior to the date 
     on which the Commission modify its rules as required by 
     paragraph (1) and that does not comply with such 
     modifications shall be invalid.
       (b) Further Evaluation of Need for Third-Adjacent Channel 
     Protections.--
       (1) Pilot program required.--The Federal Communications 
     Commission shall conduct an experimental program to test 
     whether low-power FM radio stations will result in harmful 
     interference to existing FM radio stations if such stations 
     are not subject to the minimum distance separations for 
     third-adjacent channels required by subsection (a). The 
     Commission shall conduct such test in no more than nine FM 
     radio markets, including urban, suburban, and rural markets, 
     by waiving the minimum distance separations for third-
     adjacent channels for the stations that are the subject of 
     the experimental program. At least one of the stations shall 
     be selected for the purpose of evaluating whether minimum 
     distance separations for third-adjacent channels are needed 
     for FM translator stations. The Commission may, consistent 
     with the public interest, continue after the conclusion of 
     the experimental program to waive the minimum distance 
     separations for third-adjacent channels for the stations that 
     are the subject of the experimental program.
       (2) Conduct of testing.--The Commission shall select an 
     independent testing entity to

[[Page S8211]]

     conduct field tests in the markets of the stations in the 
     experimental program under paragraph (1). Such field tests 
     shall include--
       (A) an opportunity for the public to comment on 
     interference; and
       (B) independent audience listening tests to determine what 
     is objectionable and harmful interference to the average 
     radio listener.
       (3) Report to congress.--The Commission shall publish the 
     results of the experimental program and field tests and 
     afford an opportunity for the public to comment on such 
     results. The Federal Communications Commission shall submit a 
     report on the experimental program and field tests to the 
     Committee on Commerce of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate not later than February 1, 2001. Such report shall 
     include--
       (A) an analysis of the experimental program and field tests 
     and of the public comment received by the Commission;
       (B) an evaluation of the impact of the modification or 
     elimination of minimum distance separations for third-
     adjacent channels on--
       (i) listening audiences;
       (ii) incumbent FM radio broadcasters in general, and on 
     minority and small market broadcasters in particular, 
     including an analysis of the economic impact on such 
     broadcasters;
       (iii) the transition to digital radio for terrestrial radio 
     broadcasters;
       (iv) stations that provide a reading service for the blind 
     to the public; and
       (v) FM radio translator stations;
       (C) the Commission's recommendations to the Congress to 
     reduce or eliminate the minimum distance separations for 
     third-adjacent channels required by subsection (a); and
       (D) such other information and recommendations as the 
     Commission considers appropriate.
                                  ____

                                             Communication Center,


                                 State Services for the Blind,

                                  St. Paul, MN, February 11, 2000.
       To Whom It May Concern: The Communication Center of 
     Minnesota State Services for the Blind, SSB, has provided 
     blind and visually impaired persons with access to the 
     printed word since 1953. The most popular and well-known way 
     we provide our customers with this access is via the Radio 
     Talking Book, RTB. The RTB is a closed-circuit broadcast 
     system which uses FM sub-carriers, or SCA's, to bring people 
     readings from newspapers, magazines and books, 24 hours a 
     day, seven days a week. We loan our customers special SCA 
     receivers, which only pick up the RTB signal.
       The RTB, this nation's oldest and largest radio reading 
     service for the blind, was founded in 1969 and has over 
     10,000 users in Minnesota alone. It is also picked up by 
     other radio reading services around the country, for 
     rebroadcast, via satellite.
       We rely on the SCA frequencies of approximately 40 radio 
     stations in Minnesota and South Dakota, to distribute our 
     programming to local listeners. Approximately 20 stations 
     used by us are operated by Minnesota Public Radio, MPR. 
     Further, the MPR stations we use are our main outlets. The 
     other stations we use are smaller and/or cover sparsely 
     populated areas. Consequently, the Radio Talking Book lives 
     and dies via the technical integrity and success of MPR.
       While we support the principles of diversity and community 
     access for all, we cannot support these goals at the expense 
     of existing services. As you know, the Federal Communications 
     Commission, FCC, intends to create at least 1000 low-power FM 
     stations across the country. However, it is my understanding 
     that they have not tested the effects and implications of 
     these new services on existing FM SCA signals. This does not 
     seem right to us. Prior to authorizing a new set of services, 
     it seems to us, that you should know all the implications to 
     existing services.
       Since the sub-carrier signal of an FM station is located on 
     the outside edge of its frequency space, it seems logical to 
     us that these are the signals which will receive the first, 
     and most harmful interference from new, untested signals. We 
     strongly urge the FCC to do more testing prior to proceeding 
     with the creation of new low-power FM services. Further, it 
     seems even more advisable to use to not create such a new 
     service at all prior to making long-term decisions about 
     digital broadcasting. The FCC may be creating a new service 
     that will be obsolete in a few years.
       While we understand that the FCC must respond to a variety 
     of constituencies, their decision which doesn't adequately 
     consider the needs of SCA users, the majority of whom are 
     users of radio reading services, seems to be highly 
     disrespectful to blind and visually impaired persons. We urge 
     the FCC to reconsider its low-power FM policy. Thank you very 
     much for your consideration of our concerns.
           Respectfully yours,
                                                    David Andrews,
     Director, Communication Center.
                                  ____



                                       Minnesota Public Radio,

                                  St. Paul, MN, September 6, 2000.
     Senator Rod Grams,
     Dirksen Senate Office Building,
     Washington, DC.
       Dear Senator Grams: Minnesota Public Radio supports your 
     efforts to protect high quality signal integrity for 
     America's radio listening public. Recent action by the 
     Federal Communications Commission will cause harm to the 
     broadcast signal of existing stations and interfere with 
     their ability to serve their listeners. Your legislation, a 
     bipartisan compromise, will protect the rights of the 
     listening public to receive the highest quality signal 
     available.
       In addition to protecting the general listening public, 
     your legislation will protect a particularly vulnerable 
     segment of the radio listening public, the blind and visually 
     impaired.
       More than 1 million blind and visually impaired people in 
     the United States are served by the joint efforts of radio 
     reading services and public radio stations. This service is 
     now threatened by a well meaning but highly politicized 
     action of the FCC.
       Started in Minnesota in 1969 as Radio Talking Book (RTB) by 
     the joint effort of Minnesota Public Radio and the Minnesota 
     Services for the Blind, radio reading services have grown to 
     more than 100 locally controlled and operated reading 
     services around the country. They bring newspapers, magazines 
     and books into the lives of those who can't see by the use of 
     an FM radio subcarrier, or SCA. The SCA uses a sliver of the 
     FM signal, and basically ``piggybacks'' onto the regular FM 
     frequency. Reading service customers receive a special radio 
     receiver, which picks up only the SCA broadcast.
       The FCC in January approved rules to add more local public 
     service broadcasting to America's airwaves. Unfortunately, it 
     rescinded decades-old protections given existing broadcasters 
     and the listening public. The removal of those protections 
     will, most certainly, cause interference to the broadcast 
     signal that are currently being delivered by the nation's 
     radio reading services.
       Many in this country, including Minnesota Public Radio, 
     support the goal of licensing more locally owned low-power FM 
     stations. They would be a welcome addition to the voices and 
     opinions heard on the air. However, when government deals 
     with trying to solve problems, it should learn from the 
     medical profession's Hippocratic Oath: First do no harm. Your 
     legislation helps solve the problem of additional voices and 
     does no harm to America's general listening public and 
     specifically the services of Radio Reading Services.
       Attached is an Opinion piece from the Fergus Falls Daily 
     Journal as well as a letter in opposition to the FCC decision 
     by the Minnesota Services for the Blind.
       Congratulations to taking on this important issue for the 
     benefit of the people of Minnesota.
           Sincerely yours,
                                                   Will Haddeland,
     Senior Vice President.
                                  ____

                                      International Association of


                                   Audio Information Services,

                                     Pittsburgh, PA, May 20, 2000.
     Senator Rod Grams,
     Dirksen Senate Office Building, Washington, DC.
       Dear Senator Grams: We are writing to ask for your help in 
     the urgent matter of Low Power FM service that is being 
     rushed into place by the FCC. There are millions of Americans 
     that may be dramatically and negatively impacted by these new 
     stations. They are blind, visually impaired, or have a 
     disability that prevents them from reading. Our association 
     members serve them with reading services on the radio, and 
     other print-to-audio services.
       A reading service on the radio is the daily newspaper for 
     these men and women. It's where they learn what is on sale at 
     the local grocery store, what bus stops have changed in their 
     town, and who passed away. Without this valuable link to 
     their community, they are at grave risk of being isolated and 
     become very dependent.
       Our association of these reading services, IAAIS, has asked 
     the FCC to ensure that reading services for the blind not 
     suffer interference from the coming new Low Power FM 
     stations. IAAIS is very concerned that the fragile sub-
     carrier services will not be heard clearly when a low power 
     FM station is allowed in the 2nd adjacent space on the FM 
     dial. The radios we have to use to give blind listeners 
     access to the signals have very fragile reception 
     characteristics. The FCC's plan for low power stations brings 
     a potential of interference that never existed before.
       We've taken radios from our members and supplied them to 
     the FCC for testing. These are the same special radios blind 
     listeners must use to hear the services. This entire class of 
     radio was not tested before the FCC authorized LPFM--so no 
     one knows if an LPFM station will impair the blind listeners 
     ability to hear their reading service. That's what really 
     concerns us.
       The FCC does not know if Low Power stations will harm our 
     services, yet it is proceeding with the plans for 
     implementation. We think that's wrong and have asked them to 
     wait until the tests are done. In spite of our request and 
     others' at the end of this month, the FCC plans to begin the 
     application process to create Low Power stations. There need 
     be no rush. We think the FCC should at least wait for the 
     results of receiver tests before starting something that 
     might have devastating consequences.
       We've also asked the FCC for a description of the procedure 
     they will use to resolve interference that occurs after Low 
     Power FM is implemented. They have given no indication that 
     they have such a procedure. We find this alarming to say the 
     least.

[[Page S8212]]

       For all these reasons, we've endorsed the measures outlined 
     in the compromise legislation passed by the House in April, 
     HR3439. With the slow down in implementation and test roll-
     out of low power sites that the bill affords, we feel there 
     will be a better chance that Low Power FM can be implemented 
     without damage to reading services for the blind.
       We hope you'll help by supporting a Senate measure that 
     will echo the intentions of House Bill 3439. The Bill will 
     buy time while tests are completed. These test results, and 
     the procedure for resolving problems must be published before 
     adding new radio stations. It would help to ensure that the 
     listeners to reading services do not suffer the loss of their 
     ability to read a newspaper . . . for the second time.
           Sincerely,
                                                   David W. Noble,
                                                        President.
                                 ______