[Congressional Record Volume 151, Number 12 (Tuesday, February 8, 2005)]
[Senate]
[Pages S1123-S1125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Ms. Cantwell, and Mr. Leahy):
  S. 312. A bill to implement the recommendations of the Federal 
Communications Commission report to the Congress regarding low-power FM 
service; to the Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I rise today to introduce The Local 
Community Radio Act of 2005. This bill would allow the Federal 
Communications Commission (FCC) to license Low Power FM stations on 
third adjacent channels to full power stations without limitations and 
eliminate the requirement that the FCC perform further testing on the 
economic impact of Low Power FM radio. Additionally, the bill seeks to 
protect stations that provide radio reading services, which some have 
suggested are more susceptible to interference then other stations 
because they are carried on a subcarrier frequency. I am pleased to be 
joined in this effort by Senators Leahy and Cantwell who are co-
sponsors of the bill. I thank them for their support. A similar bill 
was introduced in the 108th Congress and passed out of the Senate 
Committee on Commerce, Science, and Transportation.
  In January 2000, the FCC launched Low Power FM radio service to 
``enhance locally focused community-oriented radio broadcasting.'' Low 
Power FM stations are just that--low power radio stations on the FM 
band that generally reach an audience within a 3.5 mile radius of the 
station's transmitter. In rural areas, this signal may not reach many 
people, but it provides rural citizens with another media outlet--
another voice in the market. In urban areas, this signal may reach 
hundreds of thousands of people and provide not just local content, but 
very specific neighborhood news and information.
  Localism is increasingly important in today's changing media 
landscape. Rampant ownership consolidation has taken place in the radio 
industry since passage of the Telecommunications Act of 1996. Since 
that time, many Americans have complained that the large media 
conglomerates fail to serve local communities' interests and seem to 
use their local station license as a conduit to air national 
programming. Low Power FM was introduced, in part, to respond to such 
complaints.
  Between May 1999 and May 2000, the Commission received over 3,400 
applications for Low Power FM stations from non-commercial educational 
entities and community organizations. However, before the Commission 
could act on many of the applications for this new community service, 
broadcasters frightened legislators into halting the full 
implementation of Low Power FM. Broadcasters masqueraded their true 
concerns about competition from a real local radio broadcaster in 
thinly veiled claims of interference.
  Due to the broadcasters' subterfuge, Congress added language to a 
2000 appropriations bill requiring the FCC to hire an independent 
engineering firm to further study broadcasters' claims of interference. 
I am not happy to report that after spending almost two years and over 
2 million dollars, the independent study revealed what the FCC and 
community groups had said all along: LPFM will do no harm to other 
broadcasters. Perhaps, we should send a bill to the National 
Association of Broadcasters.
  That brings us to the future of Low Power FM. The FCC, as required by 
the appropriations language, reported the study's findings to Congress 
last February and recommended full implementation of Low Power FM. This 
bill simply follows the FCC's recommendation: begin licensing Low Power 
FM stations on third adjacent channels to full power stations without 
limitations. Additionally, the bill seeks to protect full power 
stations that provide radio reading services. It is estimated that 
about 1.1 million people in the U.S. are blind, and it is important to 
ensure this helpful radio reading service remains interference free.
  The enactment of this bill will immediately make available a number 
of Low Power FM frequencies. By some estimates, Congress' legislation 
delaying the full implementation, which mostly affected metropolitan 
areas, led to the elimination of half the Low Power FM applications 
filed during 2000.
  For example, Congress' action eliminated the LPFM slot in Fresno 
applied for by El Comite de los Pobres. The group had hoped to address 
the dearth of local programming for the Latino community by airing 
bilingual coverage of local issues. New Orleans' Music Business 
Institute's application was eliminated as well. The Music Business 
Institute teaches young people how to get into the music business. The 
Institute had planned to use the station to help start the musical 
careers of local artists, and to educate listeners about the city's 
jazz and blues musical heritage.
  There are some wonderful LPFM stations that are up and running. A 
recent article published in The Nation called these stations, ``beacons 
of grassroots democracy.'' The article discussed WRFR in Rockland, 
Maine: ``Shunning the canned programming approach of Rockland's two 
Clear Channel stations, WRFR offers an array of local talent, tastes 
and interests, and was recently named Maine station of the year by a 
state music association. Although country music, a Maine favorite, is 
heavily represented, hardly any WRFR deejay restricts himself to a 
single era, genre or Top-40 play list.''
  In 2000, the Southern Development Foundation established a Low Power 
FM station in Opelousas, Louisiana, which sponsors agriculture 
programs, leases land to farmers, raises money for scholarships for 
needy kids and helps citizens learn to read. The station director told 
a local community newsletter: ``You've got local radio stations that 
are owned by larger companies. There should be some programming 
concerning the music that is from here, and the people from here. But 
there's not.''
  I ask the broadcasters to come clean and join us in promoting LPFM. 
More good radio brings about more radio listening--and that's good for 
all broadcasters. Therefore, in the interests of would-be new 
broadcasters, existing broadcasters, but most of all, the listening 
public, I urge the enactment of the Local Community Radio Act of 2005.
  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. 312

       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 ``Local Community Radio Act of 
     2005''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The passage of the Telecommunications Act of 1996 led 
     to increased ownership consolidation in the radio industry.
       (2) At a hearing before the Senate Committee on Commerce, 
     Science, and Transportation, on June 4, 2003, all 5 members 
     of the Federal Communications Commission testified that there 
     has been, in at least some local radio markets, too much 
     consolidation.
       (3) A commitment to localism--local operations, local 
     research, local management, locally-originated programming, 
     local artists, and local news and events--would bolster radio 
     listening.
       (4) Local communities have sought to launch radio stations 
     to meet their local needs. However, due to the scarce amount 
     of spectrum available and the high cost of buying and running 
     a large station, many local communities are unable to 
     establish a radio station.
       (5) In 2003, the average cost to acquire a commercial radio 
     station was more than $2,500,000.
       (6) In January, 2000, the Federal Communications Commission 
     authorized a new, affordable community radio service called 
     ``low-power FM'' or ``LPFM'' to ``enhance locally focused 
     community-oriented radio broadcasting''.
       (7) Through the creation of LPFM, the Commission sought to 
     ``create opportunities for new voices on the air waves and to 
     allow local groups, including schools, churches, and other 
     community-based organizations, to provide programming 
     responsive to local community needs and interests''.
       (8) The Commission made clear that the creation of LPFM 
     would not compromise the integrity of the FM radio band by 
     stating, ``We are committed to creating a low-power FM radio 
     service only if it does not cause unacceptable interference 
     to existing radio service.''.
       (9) Currently, FM translator stations can operate on the 
     second and third-adjacent channels to full power radio 
     stations, up to an effective radiated power of 250 watts, 
     pursuant to part 74 of title 47, Code of Federal

[[Page S1124]]

     Regulations, using the very same transmitters that LPFM 
     stations will use. The FCC based its LPFM rules on the actual 
     performance of these translators that already operate without 
     undue interference to FM stations. The actual interference 
     record of these translators is far more useful than any 
     results that further testing could yield.
       (10) Small rural broadcasters were particularly concerned 
     about a lengthy and costly interference complaint process. 
     Therefore, in September, 2000, the Commission created a 
     simple process to address interference complaints regarding 
     LPFM stations on an expedited basis.
       (11) In December, 2000, Congress delayed the full 
     implementation of LPFM until an independent engineering study 
     was completed and reviewed. This delay was due to some 
     broadcasters' concerns that LPFM service would cause 
     interference in the FM band.
       (12) The delay prevented millions of Americans from having 
     a locally operated, community based radio station in their 
     neighborhood.
       (13) Approximately 300 LPFM stations were allowed to 
     proceed despite the congressional action. These stations are 
     currently on the air and are run by local government 
     agencies, groups promoting arts and education to immigrant 
     and indigenous peoples, artists, schools, religious 
     organizations, environmental groups, organizations promoting 
     literacy, and many other civically-oriented organizations.
       (14) After 2 years and the expenditure of $2,193,343 in 
     taxpayer dollars to conduct this study, the broadcasters' 
     concerns were demonstrated to be unsubstantiated.

     SEC. 3. REPEAL OF PRIOR LAW.

       Section 632 of the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is 
     repealed.

     SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.

       The Federal Communications Commission shall modify its 
     rules to eliminate third-adjacent minimum distance separation 
     requirements between--
       (1) low-power FM stations; and
       (2) full-service FM stations, FM translator stations, and 
     FM booster stations.

     SEC. 5. PROTECTION OF RADIO READING SERVICES.

       The Federal Communications Commission shall retain its 
     rules that provide third-adjacent channel protection for 
     full-power non-commercial FM stations that broadcast radio 
     reading services via a subcarrier frequency from potential 
     low-power FM station interference.

     SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

       The Federal Communications Commission when licensing FM 
     translator stations shall ensure--
       (1) licenses are available to both FM translator stations 
     and low-power FM stations; and
       (2) that such decisions are made based on the needs of the 
     local community.

  Ms. CANTWELL. Mr. President, today, I am pleased to be joining with 
the Senator from Arizona, Mr. McCain, and the Senator from Vermont, Mr. 
Leahy, as a cosponsor of the Local Community Radio Act of 2005. This 
legislation is similar to the version of S. 2505, the Low Power Radio 
Act of 2004 that was introduced last Congress.
  This bill removes once and for all the barriers keeping low power FM 
service from flourishing in communities of all sizes across the 
country, while protecting important radio reading services. Under the 
existing law, my State has only a handful of low power FM stations. If 
this bill becomes law, the Federal Communication Commission will be 
able to move forward and license additional low power FM stations to 
serve communities all across the State of Washington such as Bainbridge 
Island, Vashon Island and Auburn.
  Let me review the history of this issue for the Senate. The 
Telecommunications Act of 1996 removed completely the ownership caps 
restricting the number of stations that any one company can own 
nationwide. The Act has led to an unprecedented level of consolidation 
and mergers in the U.S. radio industry. Additionally, within a local 
market, the rules allows ownership of up to eight radio stations, on a 
sliding scale, depending on total number of stations in the market.
  Five years ago, the FCC adopted rules creating a new, low power FM 
radio service in response to public concerns that the increased 
consolidation of radio ownership weakened the local character of radio.
  Low power FM stations serve the public interest by providing 
significantly greater opportunities for citizen involvement in 
broadcasting in communities across the country. Eligible licensees are 
non-profit, government or educational institutions, public safety or 
transportations services. No existing broadcasting licensee or media 
entity can have an ownership interest or any program or operating 
agreement with any low power FM stations.
  In many media markets, the number of independent local voices has 
dropped significantly, replaced by giant corporations replicating 
formats and programming from across the country. Voice-tracking, a 
practice in which a DJ either pre-records part of a program for a local 
station or for a station out of the immediate market, is not a 
substitute for true localism.
  With fewer independent outlets available for artists to get airplay 
for a given genre of music, particularly for newer acts, there is a 
perception in some quarters of the music industry that you need to 
resort to the reprehensible practices such as payola in order to be 
heard by the public.
  During its proceeding on low power FM, the FCC conducted tests on the 
effects of these low power stations on full power FM broadcasts for 
various types of radio receivers. The FCC engineering reports concluded 
that low power FM signals would not cause interference with the signals 
to full power FM stations within their service areas. Based on the 
results of interference testing, LPFM stations were not required to 
protect stations three channels away from inference as is required for 
full power stations. These rules allowed radio frequencies for LPFM 
stations to become available in larger media markets where under the 
old rules of third adjacent channel separation, there was no space 
available for them on the crowded radio dial.
  While the public reaction to low power FM was positive, the reaction 
of FM broadcasters, both commercial and non-commercial, was negative. 
Congress was convinced to add a rider to the 2001 Commerce, Justice, 
State appropriations law that effectively undid the provisions in the 
FCC rules, and once again required third adjacent channel separation. 
Congress also required the FCC to perform a study examining the impact 
on interference on the third adjacent channel.
  Over two million dollars later, the results of the study validated 
the FCC's original analysis. Last year, I joined the Senator from 
Arizona, Mr. McCain, and the Senator from Vermont, Mr. Leahy, in 
sponsoring a bill that would have accepted the results of this latest 
engineering study to undo the 2001 appropriations rider. It also 
addressed specific concerns about protecting stations providing reading 
services over the radio frequencies to assist the blind. Under the 
Senator from Arizona's (Mr. McCain) leadership, the Commerce Committee 
reported the low power FM bill out favorably with an amendment, but it 
did not come to a vote on the floor.
  The time has come to move ahead with this proposal. The U.S. radio 
industry has experienced an unprecedented wave of consolidation and 
mergers since passage of the 1996 Telecommunications Act. The 
consolidation trend has raised barriers of both size and cost for new 
broadcasters. The legislation we introduce today allows new entrants 
into broadcasting activities and new voices on our public airwaves. I 
hope the Commerce Committee will again act quickly on this legislation.
  Mr. LEAHY. Mr. President, I am pleased today to join Senators McCain 
and Cantwell in introducing important legislation to increase the 
number of frequencies available for low power radio stations in 
America. Low power stations serve their communities with broadcasting 
that reflects local needs and local preferences. In this way, low power 
FM offers a valuable counterpoint to nationwide media consolidation. As 
National Public Radio reported this morning, low power FM has a large 
following of listeners tired of hearing the same programming across the 
country. For this reason, I have been a strong supporter of low power 
FM for many years now. In fact, I recently urged FCC Chairman Powell to 
expedite licensing for new low power stations.
  Unfortunately, for many years now the number of low power FM stations 
the FCC could license has been limited by unrealistic and unnecessary 
rules requiring these small stations to find available frequencies far 
from any full power broadcaster. Interference must be avoided if we are 
to make use of the

[[Page S1125]]

airwaves. The current rules, however, go beyond what is necessary to 
protect full power stations from interference and, instead, protect 
them from competition. This bill will reduce the unnecessary 
restrictions on low power FM stations.
  Of course, the need for low power FM radio must be balanced against 
other important uses of nearby frequencies. I have worked hard to 
protect reading services for the blind, and this bill protects those 
services by retaining the third-adjacent rule where such services would 
be affected. In addition, this bill protects commercial broadcasters of 
all sizes from actual interference by leaving intact the FCC's 
expedited interference claim review procedures.
  I look forward to working with all the parties involved to strengthen 
local broadcasting.
                                 ______