[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[House]
[Pages H10028-H10029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LOW POWER PROTECTION ACT
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
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.
The Clerk read the title of the bill.
The text of the bill is 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
[[Page H10029]]
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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Ohio (Mr. Latta) each will
control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 3405.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3405, the Low Power Protection
Act.
Now more than ever, local television is the lifeline of our
communities. People across the country rely on their local broadcasters
for news, emergency information, and entertainment, particularly at an
unfortunate time when local newspapers are either shutting down or
cutting back on news coverage.
The Low Power Protection Act would help ensure that broadcasts in
some rural communities are better protected from interference, just
like larger stations that operate in bigger markets. Specifically, the
bill would require the FCC to issue rules allowing low power television
stations that serve markets with fewer than 95,000 households to apply
for an upgraded license.
If granted, the low power television station would be protected from
harmful interference, allowing the station to deliver important news,
emergency information, and entertainment without disruption. This local
news and information can be lifesaving in times of emergency, and we
need to ensure that local communities can access this information
during times of crisis.
The bill is supported by the National Association of Broadcasters,
among others.
Mr. Speaker, I urge my colleagues on both sides of the aisle to join
me in supporting the Low Power Protection Act, and I reserve the
balance of my time.
Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3405, the Low Power Protection
Act.
The Low Power Protection Act protects the smallest low power
television stations from being displaced by full power stations and
fills important gaps in broadcast services in rural communities.
Low power television stations, LPTV, typically provide local or
specialized programming in their communities and are often the only
television service available in rural areas. However, LPTV is currently
considered a secondary broadcast service by the Federal Communications
Commission, the FCC. This means LPTV licensees are not granted
protections from harmful interference or displacement and must accept
interference or displacement from full power television stations.
This bill will require the FCC to open a time-limited Class A window
through which qualifying low power television stations could apply. The
Class A status gives low power stations the same rights to their
spectrum that full power stations have.
Additionally, the Class A license provides station owners the
certainty that other channels cannot interfere with their signals going
forward. This allows local broadcasters to continue to invest in their
communities and incentivizes further investment in their stations and
communities.
I thank the gentleman from New Jersey, the chairman of the full
Committee on Energy and Commerce, for bringing this legislation
forward. I also thank Senators Blunt and Wyden for their bipartisan
support of this legislation.
Mr. Speaker, I urge my colleagues' full support of this bill, and I
yield back the balance of my time.
Mr. PALLONE. Mr. Speaker, I also urge my colleagues to support this
bill on a bipartisan basis, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, S. 3405.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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