[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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