[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S9724-S9726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     
     
                             LOW POWER PROTECTION ACT
     
       Mr. PADILLA. Mr. President, I also ask unanimous consent that the 
     Senate proceed to the immediate consideration of Calendar No. 659, S. 
     3405.
       The PRESIDING OFFICER. The clerk will report the bill by title.
       The legislative clerk read as follows:
     
            A bill (S. 3405) to require the Federal Communications 
          Commission to issue a rule providing that certain low power 
          television stations may be accorded primary status as Class A 
          television licensees, and for other purposes.
     
       There being no objection, the Senate proceeded to consider the bill, 
     which had been reported from the Committee
     
     [[Page S9725]]
     
     on Commerce, Science, and Transportation with an amendment as follows:
       (The part of the bill intended to be inserted is shown in italics.)
     
                                     S. 3405
     
            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 Protection Act''.
     
          SEC. 2. 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''.
       Mr. PADILLA. I ask unanimous consent that the committee-reported 
     amendment be agreed to; that the bill, as amended, be considered read a 
     third time and passed; and that the motion to reconsider be considered 
     made and laid upon the table.
       The PRESIDING OFFICER. Is there objection?
       Without objection, it is so ordered.
       The committee-reported amendment was agreed to.
       The bill (S. 3405), as amended, was ordered to be engrossed for a 
     third reading, was read the third time, and passed, as follows:
     
                                     S. 3405
     
            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 Protection Act''.
     
          SEC. 2. 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''.
     
     [[Page S9726]]
     
       
     
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