[Congressional Record Volume 168, Number 152 (Wednesday, September 21, 2022)]
[Senate]
[Page S4935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5565. Mr. BLUNT (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. LOW POWER TV STATIONS.

       (a) Definitions.--In this section--
       (1) the term ``Commission'' means the Federal 
     Communications Commission;
       (2) the term ``Designated Market Area'' means--
       (A) a Designated Market Area determined by Nielsen Media 
     Research or any successor entity; or
       (B) a Designated Market Area under a system of dividing 
     television broadcast station licensees into local markets 
     using a system that the Commission determines is equivalent 
     to the system established by Nielsen Media Research; and
       (3) the term ``low power TV station'' has the meaning given 
     the term ``digital low power TV station'' in section 74.701 
     of title 47, Code of Federal Regulations, or any successor 
     regulation.
       (b) Purpose.--The purpose of this section is to provide low 
     power TV stations with a limited window of opportunity to 
     apply for the opportunity to be accorded primary status as 
     Class A television licensees.
       (c) Rulemaking.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Commission shall issue a notice of 
     proposed rulemaking to issue a rule that contains the 
     requirements described in this subsection.
       (2) Requirements.--
       (A) In general.--The rule with respect to which the 
     Commission is required to issue notice under paragraph (1) 
     shall provide that, during the 1-year period beginning on the 
     date on which that rule takes effect, a low power TV station 
     may apply to the Commission to be accorded primary status as 
     a Class A television licensee under section 73.6001 of title 
     47, Code of Federal Regulations, or any successor regulation.
       (B) Considerations.--The Commission may approve an 
     application submitted under subparagraph (A) if the low power 
     TV station submitting the application--
       (i) satisfies--

       (I) section 336(f)(2) of the Communications Act of 1934 (47 
     U.S.C. 336(f)(2)) and the rules issued under that section, 
     including the requirements under such section 336(f)(2) with 
     respect to locally produced programming, except that, for the 
     purposes of this subclause, the period described in the 
     matter preceding subclause (I) of subparagraph (A)(i) of such 
     section 336(f)(2) shall be construed to be the 90-day period 
     preceding the date of enactment of this Act; and
       (II) paragraphs (b), (c), and (d) of 73.6001 of title 47, 
     Code of Federal Regulations, or any successor regulation;

       (ii) demonstrates to the Commission that the Class A 
     station for which the license is sought will not cause any 
     interference described in section 336(f)(7) of the 
     Communications Act of 1934 (47 U.S.C. 336(f)(7)); and
       (iii) as of the date of enactment of this Act, operates in 
     a Designated Market Area with not more than 95,000 television 
     households.
       (3) Applicability of license.--A license that accords 
     primary status as a Class A television licensee to a low 
     power TV station as a result of the rule with respect to 
     which the Commission is required to issue notice under 
     paragraph (1) shall--
       (A) be subject to the same license terms and renewal 
     standards as a license for a full power television broadcast 
     station, except as otherwise expressly provided in this 
     subsection; and
       (B) require the low power TV station to remain in 
     compliance with paragraph (2)(B) during the term of the 
     license.
       (d) Reporting.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report regarding the implementation of 
     this section, which shall include--
       (1) a list of the current, as of the date on which the 
     report is submitted, licensees that have been accorded 
     primary status as Class A television licensees; and
       (2) of the licensees described in paragraph (1), an 
     identification of each such licensee that has been accorded 
     the status described in that paragraph because of the 
     implementation of this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to affect a decision of the Commission relating to 
     completion of the transition, relocation, or reimbursement of 
     entities as a result of the systems of competitive bidding 
     conducted pursuant to title VI of the Middle Class Tax Relief 
     and Job Creation Act of 2012 (47 U.S.C. 1401 et seq.), and 
     the amendments made by that title, that are collectively 
     commonly referred to as the ``Television Broadcast Incentive 
     Auction''.
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