[Congressional Record Volume 147, Number 24 (Tuesday, February 27, 2001)]
[Senate]
[Pages S1633-S1634]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 404. A bill to provide for the technical integrity of the FM radio 
band, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. McCAIN. Mr. President, I rise today to introduce a bill that will 
allow our communities and churches to benefit from low-power radio 
service.
  Mr. President, low-power FM radio service provides community based 
organizations, churches, and other non-profit groups with a new, 
affordable opportunity to reach out to the public, helping to promote a 
greater awareness of local issues important to our communities. As 
such, low-power FM is supported by many national and local 
organizations who seek to provide the public with increased sources of 
news

[[Page S1634]]

and perspectives in an otherwise increasingly consolidated medium.
  Last Congress, special interests forces opposed to low-power FM 
radio, most notably the National Association of Broadcasters and 
National Public Radio, mounted a vigorous behind-the-scenes campaign to 
kill low-power FM radio. And unfortunately, these special interests 
succeeded in attaching an appropriations rider in the dead of the 
night--without a single debate on the floor of the Senate--that 
effectively did just that.
  Mr. President, the Low Power Radio Act of 2001 seeks to remedy this 
derailment of the democratic process. The Low Power Radio Act of 2001 
will allow the FCC to license low-power FM radio service, while at the 
same time protecting existing full-power stations from interference. 
Specifically, the legislation directs the FCC--the expert agency with 
the experience and engineering resources to make such a determination--
to determine which, if any, low-power radio stations are causing 
interference to existing full-power stations, and determine what the 
low-power FM station must do to alleviate it. Thus, this legislation 
strikes a fair balance by allowing non-interfering low-power FM 
stations to operate without further delay, while affecting only those 
low-power stations that the FCC finds to be causing harmful 
interference in their actual, everyday operations. This is totally 
consistent with the fact that low-power FM is a secondary service 
which, by law, must cure any interference caused to any primary, full-
power service.
  This legislation will provide an efficient and effective means to 
detect and resolve harmful interference. By providing a procedural 
remedy that authorizes the FCC to impose damages on frivolous 
complaints, the bill will discourage the creation of low-power stations 
most likely to cause harmful interference while at the same time 
discouraging full-power broadcasters from making unwarranted 
interference claims.
  In the interests of would-be new broadcasters, existing broadcasters, 
but, most of all, the listening public, I urge the enactment of the Low 
Power Radio Act of 2001.
  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. 404

       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 Radio Act of 
     2001''.

     SEC. 2. PURPOSE.

       It is the purpose of this Act to ensure the technical 
     integrity of the FM radio band, while permitting the 
     introduction of low power FM transmitters into such band 
     without causing harmful interference.

     SEC. 3. HARMFUL INTERFERENCE PROHIBITED.

       (a) In General.--Any low-power FM radio licensee determined 
     by the Federal Communications Commission to be transmitting a 
     signal causing harmful interference to one or more licensed 
     radio services shall, if so ordered by the Commission, cease 
     the transmission of the interfering signal, and may not 
     recommence transmitting such signal until it has taken 
     whatever action the Commission may prescribe in order to 
     assure that the radio licensee that has sustained the 
     interference remains able to serve the public interest, 
     convenience and necessity as required by the Commission's 
     rules.
       (b) Complaint.--Any radio service licensee or subcarrier 
     program provider may file a complaint with the Commission 
     against any low-power FM radio licensee for transmitting a 
     signal that is alleged to cause harmful interference. The 
     complaint shall be filed in a form, and contain such 
     information as, prescribed by the Commission.
       (c) Expedited Consideration.--In any complaint filed 
     pursuant to the provisions of subsection (b), the Commission 
     shall render a final decision no later than 90 calendar days 
     after the date on which the complaint was received by the 
     Commission.
       (d) Punitive Damages.--In any final decision rendered 
     pursuant to this section, the Commission is authorized to 
     impose punitive damages not to exceed 5 times the low-power 
     FM station's costs if the Commission finds that the complaint 
     was frivolous and without any merit or purpose other than to 
     impede the provision of non-interfering low-power FM service.
       (e) Section 316(a)(3) of Communications Act.--Section 
     316(a)(3) of the Communications Act of 1934 (47 U.S.C. 
     316(a)(3)) shall not apply to a complaint filed pursuant to 
     this section.
       (f) Rules.--The Commission shall adopt rules implementing 
     the provisions of this section within 45 days after the date 
     of enactment of this Act.
       (g) Harmful Interference Defined.--For purposes of this 
     section, the term ``harmful interference'' means interference 
     which endangers the functioning of a radio navigation service 
     or of other safety services or that seriously degrades, 
     obstructs, or repeatedly interrupts a radio service operating 
     in accordance with the rules and regulations of the Federal 
     Communications Commission.
       (h) Repeal of Certain Provisions.--
       (1) Restoration of Communications Act.--Section 336 of the 
     Communications Act of 1934 (47 U.S.C. 336) is amended by 
     striking subsection (h) and redesignating subsection (i) as 
     subsection (h).
       (2) Nullification of action under repealed provision.--Any 
     action taken by the Federal Communications Commission under 
     section 336(h) of the Communications Act of 1934 (47 U.S.C. 
     336(h)) as added by section 143(a) of Division B of A Bill 
     Making miscellaneous appropriations for the fiscal year 
     ending September 30, 2001, and for other purposes (106 Pub. 
     L. 554; Appendix-H.R. 5666) before the date of enactment of 
     this Act is null and void.
       (3) Repeal.--The Act entitled A Bill Making miscellaneous 
     appropriations for the fiscal year ending September 30, 2001, 
     and for other purposes (106 Pub. L. 554; Appendix-H.R. 5666) 
     is amended by striking section 143.

     SEC. 4. DIGITAL RADIO TRANSITION.

       The Federal Communications Commission shall complete all 
     rulemakings necessary to implement the transition to digital 
     radio no later than February 23, 2002.
                                 ______