[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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