[Senate Report 105-411]
[From the U.S. Government Publishing Office]
Calendar No. 717
105th Congress Report
SENATE
2d Session 105-411
_______________________________________________________________________
COMMUNITY BROADCASTERS PROTECTION ACT OF 1998
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1427
October 12 (legislative day, October 2), 1998.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA SNOWE, Maine JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas RON WYDEN, Oregon
John Raidt, Staff Director
Mark Buse, Policy Director
Martha P. Allbright, General Counsel
Ivan A. Schlager, Democratic Chief Counsel and Staff Director
James S.W. Drewry, Democratic General Counsel
Calendar No. 717
105th Congress Report
SENATE
2d Session 105-411
_______________________________________________________________________
COMMUNITY BROADCASTERS PROTECTION ACT OF 1998
_______
October 12 (legislative day, October 2), 1998.--Ordered to be printed
_______________________________________________________________________
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1427]
The Committee on Commerce, Science, and Transportation, to
which was referred S. 1427, ``A Bill to amend the
Communications Act of 1934 to require the Federal
Communications Commission to preserve low-power television
stations that provide community broadcasting, and for other
purposes'', having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and
recommends that the bill as amended do pass.
Purpose of the Bill
The purpose of S. 1427, as reported, is to preserve low-power
community television broadcasting by directing the Federal
Communications Commission (FCC) to issue regulations creating a
permanent Class A license for qualifying low-power stations.
Background and Needs
In 1982 the FCC established low-power television (LPTV)
service to provide opportunities for television service for
locally-created and community-oriented programming in rural
locations and communities within larger urban areas. LPTV
service presents a less expensive means of delivering
programming tailored to the interests and self-expression of
viewers. LPTV has created opportunities for entry into
television broadcasting and has permitted fuller use of the
broadcasting spectrum. These stations operate at the higher
ends of the broadcast spectrum and serve a more limited area,
generally a coverage area of 12 to 15 miles.
Although the FCC generally imposes few regulatory barriers on
the operation of LPTV stations, two major regulatory
restrictions limit LPTV stations. First, LPTV stations must
operate with secondary status, which means that LPTV stations
cannot interfere with the transmission of full-power television
stations. Second, regulatory limits on effective radiated power
(3 kilowatts for VHF channels and 150 kilowatts for UHF
channels) are imposed on LPTV stations.
In the lower 48 states, 700 licensees operate approximately
1,500 LPTV stations in nearly 750 towns and cities, ranging in
population size from a few hundred to communities of hundreds
of thousands. About two-thirds of the stations serve rural
communities. An additional 5,000 ``TV translator stations''
rebroadcast the signal of full-service stations, mostly in the
western mountains.
LPTV stations are operated by diverse groups, high schools
and colleges, churches and religious groups, local governments,
large and small businesses, and individual citizens. More than
10 percent of the stations are licensed to minority groups or
individuals. Many community broadcasters offer regional news
and sports coverage. Others provide religious programming, all
news, all sports, or all movie formats.
In providing all full-power television stations with a second
digital television (DTV) channel, the FCC found that a number
of stations, especially in major markets, would be displaced.
In order to protect LPTV stations, the FCC has adopted a number
of policies. They include allowing the LPTV stations displaced
by a DTV station to apply for a suitable replacement channel in
the same area without being subject to competing applications
and amending the rules to allow such applications to be
considered on a first-come, first-serve basis, without waiting
for the FCC to open a low-power application window. LPTV
stations also are permitted to operate until a displacing DTV
station or a new primary service provider is operational.
Despite these regulatory protections, the digital era still
threatens the operation of many LPTV stations. As the FCC
reclaims spectrum to provide the second channels for DTV, some
LPTV stations may cease operating during the transition to DTV
or afterward. This changing climate has created uncertainty for
many owners and operators of LPTV stations. S. 1427 would
elevate LPTV stations from their current secondary status to a
newly-created Class A license. An estimated 200 to 400 of the
approximately 2,075 LPTV licenses could qualify for Class A
status. Class A LPTV licensees would assume the same duties and
responsibilities as their full-power counterparts.
Legislative History
On November 11, 1997, Senator Ford introduced S. 1427, the
Community Broadcasters Protection Act of 1997, to address the
needs of community broadcasters. This bill is cosponsored by
twenty Senators, including fourteen members of the Full
Committee.
On October 1, 1998, the Committee met in open executive
session to consider S. 1427 and, by voice vote, ordered the
bill reported with an amendment in the nature of a substitute.
Summary of Major Provisions
As reported, S. 1427 would require the FCC to create new,
permanent ``Class A'' licenses for LPTV stations.
An LPTV station would qualify for a Class A license if the
station: (A) within the 90 days preceding the date of
enactment: (i) broadcasts for at least 18 hours per day; (ii)
averages at least 3 hours per week of local programming; and
(iii) complies with the FCC's LPTV requirements; and (B) from
the date of filing a Class A application, complies with FCC's
rules for full power stations; or (C) the FCC determines by a
public interest test that the public interest would be served
by treating the station as a Class A station.
No LPTV station would be disqualified for a Class A license
because of common ownership with any other mass medium.
The FCC would not be required to issue additional licenses
for advance television services for Class A stations but would
be required to accept license applications that would not cause
interference as of the filing date of the Class A applications
for advanced services.
Class A licensees could convert to advanced services but
would not be required to do so until the FCC requires all full
power stations to convert.
The bill contains specific language to clarify that nothing
in the legislation would preempt section 337 of the
Communications Act of 1934.
The bill contains specific language to ensure that the FCC
will not grant a Class A license to any LPTV station operating
between 698 and 806 megahertz (Channels 52-69) but permits LPTV
stations assigned to and temporarily using these channels the
opportunity to seek Class A status. For purposes of this bill,
core spectrum licenses for Class A use would not include any of
the 175 additional channels referenced in the FCC Report and
Order: MM Docket No. 87-268 (February 17, 1998).
The bill, as reported, provides that the FCC may not grant or
modify a Class A license absent a showing that the Class A
station will not cause: (A) interference within the Grade B
contour of any television station (as of the date of enactment)
or the replicated service areas provided in the DTV Table of
Allotments; (B) interference within the protected contour of
any licensed LPTV or TV translator station or one authorized by
construction permit or one with a pending displacement
application submitted before the filing date of a Class A
application or modification thereof; or (C) interference within
the protected contour of wireless services, including public
safety services.
Estimated Costs
In the opinion of the Committee, it is necessary under
paragraph 11(a)(3) of rule XXVI of the Standing Rules of the
Senate to dispense with the requirements of the paragraphs of
11(a) (1) and (2) of the rule and section 403 of the
Congressional Budget Act of 1974 in order to expedite the
business of the Senate.
Regulatory Impact Statement
In accordance with paragraph of 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation:
Number of Persons Covered
The legislation would require the FCC to establish by rule a
program to enable current low-power licensees to apply for a
new Class A license. While approximately 2,075 LPTV licensees
could apply for Class A status, industry estimates project that
only 200 to 400 would seek Class A status. Those licensees
seeking Class A licenses would be required to comply with
additional FCC regulations, but only if those applicants
voluntarily seek this new regulatory status.
The new Class A status would provide certainty to the
licensees that currently have only temporary rights to use the
broadcast spectrum. The permanent status would provide
continuity to the hundreds of thousands of the viewers of the
programming provided by community broadcasters.
Class A licensees will be covered by Part 73 regulations,
including requirements related to children's programming,
maintenance of a main studio, and retention of public files.
Economic Impact
This legislation would require the FCC to establish rules to
create a new Class A status for qualifying low-power licensees.
The legislation does not provide any additional authorization
of funds to establish these rules. Additionally, the permanent
status is expected to enhance the ability of community
broadcasters to obtain long-term capital.
Privacy
This legislation would not have any adverse impact on the
personal privacy of the individuals affected.
Paperwork
The bill may generate small amounts of administrative
paperwork in association with the FCC's selection and oversight
of the licensees voluntarily seeking Class A status.
Section-by-Section Analysis
Section 1. Short title
Section 1 cites the short title of the bill as ``The
Community Broadcasters Protection Act of 1998.''
Section 2. Findings
Section 2 sets forth four findings that establish the basis
for enacting the bill.
Section 3. Preservation of Low-Power Community Television
Section 3 of the bill would amend section 336 of the
Communications Act of 1934 (47 U.S.C. 336) by inserting a new
subsection (f) to preserve LPTV. Paragraph (1) of the new
subsection requires theCommission to issue final rules within
120 days of the date of enactment which establish a Class A television
license for qualifying LPTV licensees. These Class A licenses generally
would be subject to the same terms and renewal standards as full-power
licenses. Within 30 days of enactment, the Commission would be required
to send a notice to all LPTV licensees which describes the requirements
for Class A designation. Within 30 days of receipt of this notice, LPTV
licensees seeking Class A status would be required to submit a
certification of eligibility. Absent a material deficiency, the
Commission would be required to grant this certification and preserve
the contours of an LPTV licensee pending the final resolution of the
Class A application. For purposes of new subsection (f), a ``material
deficiency'' in an application means an application that is not
substantially complete and does not contain the basic supporting
information to document the applicant's claim for eligibility or the
station's compliance with the requirements of Part 73. LPTV licensees
would have to submit Class A applications within 30 days of the
adoption of final regulations implementing the bill. The Commission
would have 30 days from receipt of a qualifying application to award a
Class A license.
Paragraph (2) of new subsection (f) provides that an LPTV
station would qualify for a Class A license if:
(1) within the 90 days preceding the date of
enactment of the bill, the LPTV station--
(A) broadcasts for at least 18 hours per day;
(B) averages at least 3 hours per week of
local programming; and
(C) complies with the Commission's LPTV
requirements;
(2) from the date of filing a Class A application,
the LPTV station complies with the Commission's rules
for full power stations; or
(3) the Commission determines by a public interest
test that the public interest would be served by
treating the LPTV station as a Class A station.
For purposes of new subsection (f), ``local programming''
means programming that is created and produced substantially
within the grade B contour or principal service area of the
station, whichever is larger. The Committee believes that this
requirement should be applied flexibly. For example, if a
station is producing a story about local crop damage, it would
be reasonable to expect that the story would include comments
from county, State, or Federal officials. Additionally, a local
news program could include material from the State's capital
city or from around the State, so long as the program is
created and produced substantially within the principal service
area of the station. However, if the station replays a 6:00
p.m. newscast later in the evening, the second airing would not
be included as part of the minimal criteria for meeting and
maintaining the requirements for Class A status.
Paragraph (3) of new subsection (f) provides that no LPTV
station would be disqualified for a Class A license because of
common ownership with any other mass medium.
Paragraph (4) of new subsection (f) provides that the
Commission would not be required to issue additional licenses
to Class A stations, but would be required to accept license
applications thatwould not cause interference as of the filing
date of the Class A application for advanced services. In reviewing
these applications, the Commission would be required to consider the
impact of such a grant on the primary television viewing audience of
the applicant. For purposes of new subsection (f), ``primary television
viewing audience'' means the population of households within the Grade
B contour of the applicant. The new license or the original license of
the applicant would be forfeited at the end of the DTV transition.
Class A licensees would be eligible to convert to advanced services but
would not be required to do so until the Commission required full-power
stations to convert.
Paragraph (5) of new subsection (f) provides that nothing in
the new subsection would preempt section 337 of the
Communications Act of 1934. Section 337, which was enacted as
part of the Balanced Budget Act of 1997 (P.L. 105-33), directs
the Commission to begin the assignment of public safety
licenses no later than September 30, 1998, and the assignment
of commercial licenses by competitive bidding no later than
January 1, 2001. When introduced, S. 1427 did not include this
clarifying language concerning section 337. The FCC permits
secondary service broadcasters to use the channels affected by
section 337 on an interim basis, until the secondary user
creates interference with the new license. After reviewing S.
1427 as introduced, certain public safety officials raised
concerns that the permanent status granted to Class A licensees
could result in a delay in the use of spectrum for public
safety purposes. To address the concerns of the public safety
community, statutory language was included to clarify that the
new section 336(f) would not preempt any of the existing
provisions of section 337.
Paragraph (6) of new subsection (f) would preclude the
Commission from granting a Class A license to any LPTV station
operating between 698 and 806 megahertz (Channels 52-69). LPTV
stations assigned those frequencies would be permitted to apply
for a Class A license, and the Commission would be required to
issue a Class A license when a qualified licensee is awarded a
channel within core spectrum. The core spectrum licenses would
not include any of the 175 additional channels referenced in
the FCC Report and Order: MM Docket No. 87-268 (February 23,
1998).
Paragraph (7) of new subsection (f) would preclude the
Commission from granting or modifying a Class A license absent
a showing that the Class A station would not cause:
(A) impermissible interference within the Grade B
contour of any television station (as of the date of
enactment of this act) or the replicated service areas
provided in the DTV Table of Allotments;
(B) interference within the protected contour of any
licensed LPTV or TV translator station or one
authorized by construction permit or one with a pending
displacement application submitted before the filing
date of a Class A application or modification thereto;
or
(C) impermissible interference within the protected
contour for wireless services, including public safety
services.
The Committee included the term ``impermissible
interference'' to provide the FCC flexibility in making a
determination of what constitutes interference. The Committee
understands that the FCC will have to develop appropriate
interference standards for the new Class A stations. For
purposes of new subsection (f), the term ``Grade B contour''
means the protected contour of each station. For VHF stations
on channels 2-6, the protected contour shall be 47dBu (decibels
above 1 micro volt per meter), and for channels 7-13, the
protected contour shall be 56 dBu. For all UHF stations, the
protected contour shall be 64 dBu.
As introduced, the bill contained provisions that would have
directed the FCC to provide very specific protections to Class
A licensees terminated or rescinded because of the DTV
allotments. The original version of S. 1427 would have provided
that no Class A license could have been terminated or rescinded
to implement amendments to the Table of Allotments adopted
before the date of enactment unless the FCC met the following
requirements: The FCC would have been required to revise the
Table of Allotments to preserve Class A stations unless
preservation: (1) would have precluded the assignment of an
additional license to a full power station for advanced TV
services; (2) would have required the FCC to rescind or revoke
a construction permit to such a full power station; or (3)
would have caused a significant delay or increase in the
construction costs of DTV by a network-affiliated analog
station in the top 30 markets. If the FCC could not have
revised the Allotment Table to preserve Class A stations in
that manner, the FCC would have been required to revise the
Table of Allotments to preserve the Class A station in the same
community by assigning the station a different frequency. If
the FCC could not have achieved Class A status under either
manner, the FCC would have been required to provide a license
in an adjacent community. If the FCC still could not have
achieved Class A status, the FCC would have been required to
award a Class A license in a community acceptable to the
licensee. The reported bill omits these requirements to avoid
potential adverse impacts on the roll-out of DTV.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COMMUNICATIONS ACT OF 1934
[47 U.S.C. 336]
SEC. 336. BROADCAST SPECTRUM FLEXIBILITY.
(a) Commission Action.--If the Commission determines to issue
additional licenses for advanced television services, the
Commission--
(1) should limit the initial eligibility for such
licenses to persons that, as of the date of such
issuance, are licensed to operate a television
broadcast station or hold a permit to construct such a
station (or both); and
(2) shall adopt regulations that allow the holders of
such licenses to offer such ancillary or supplementary
services on designated frequencies as may be consistent
with the public interest, convenience, and necessity.
(b) Contents of Regulations.--In prescribing the regulations
required by subsection (a), the Commission shall--
(1) only permit such licensee or permittee to offer
ancillary or supplementary services if the use of a
designated frequency for such services is consistent
with the technology or method designated by the
Commission for the provision of advanced television
services;
(2) limit the broadcasting of ancillary or
supplementary services on designated frequencies so as
to avoid derogation of any advanced television
services, including high definition television
broadcasts, that the Commission may require using such
frequencies;
(3) apply to any other ancillary or supplementary
service such of the Commission's regulations as are
applicable to the offering of analogous services by any
other person, except that no ancillary or supplementary
service shall have any rights to carriage under section
614 or 615 or be deemed a multichannel video
programming distributor for purposes of section 628;
(4) adopt such technical and other requirements as
may be necessary or appropriate to assure the quality
of the signal used to provide advanced television
services, and may adopt regulations that stipulate the
minimum number of hours per day that such signal must
be transmitted; and
(5) prescribe such other regulations as may be
necessary for the protection of the public interest,
convenience, and necessity.
(c) Recovery of License.--If the Commission grants a license
for advanced television services to a person that, as of the
date of such issuance, is licensed to operate a television
broadcast station or holds a permit to construct such a station
(or both), the Commission shall, as a condition of such
license, require that either the additional license or the
original license held by the licensee be surrendered to the
Commission for reallocation or reassignment (or both) pursuant
to Commission regulation.
(d) Public Interest Requirement.--Nothing in this section
shall be construed as relieving a television broadcasting
station from its obligation to serve the public interest,
convenience, and necessity. In the Commission's review of any
application for renewal of a broadcast license for a television
station that provides ancillary or supplementary services, the
television licensee shall establish that all of its program
services on the existing or advanced television spectrum are in
the public interest. Any violation of the Commission rules
applicable to ancillary or supplementary services shall reflect
upon the licensee's qualifications for renewal of its license.
(e) Fees.--
(1) Services to which fees apply.--If the regulations
prescribed pursuant to subsection (a) permit a licensee
to offer ancillary or supplementary services on a
designated frequency--
(A) for which the payment of a subscription
fee is required in order to receive such
services, or
(B) for which the licensee directly or
indirectly receives compensation from a third
party in return for transmitting material
furnished by such third party (other than
commercial advertisements used to support
broadcasting for which a subscription fee is
not required),
the Commission shall establish a program to assess and
collect from the licensee for such designated frequency
an annual fee or other schedule or method of payment
that promotes the objectives described in subparagraphs
(A) and (B) of paragraph (2).
(2) Collection of fees.--The program required by
paragraph (1) shall--
(A) be designed (i) to recover for the public
a portion of the value of the public spectrum
resource made available for such commercial
use, and (ii) to avoid unjust enrichment
through the method employed to permit such uses
of that resource;
(B) recover for the public an amount that, to
the extent feasible, equals but does not exceed
(over the term of the license) the amount that
would have been recovered had such services
been licensed pursuant to the provisions of
section 309(j) of this Act and the Commission's
regulations thereunder; and
(C) be adjusted by the Commission from time
to time in order to continue to comply with the
requirements of this paragraph.
(3) Treatment of revenues.--
(A) General rule.--Except as provided in
subparagraph (B), all proceeds obtained
pursuant to the regulations required by this
subsection shall be deposited in the Treasury
in accordance with chapter 33 of title 31,
United States Code.
(B) Retention of revenues.--Notwithstanding
subparagraph (A), the salaries and expenses
account of the Commission shall retain as an
offsetting collection such sums as may be
necessary from such proceeds for the costs of
developing and implementing the program
required by this section and regulating and
supervising advanced television services. Such
offsetting collections shall be available for
obligation subject to the terms and conditions
of the receiving appropriations account, and
shall be deposited in such accounts on a
quarterly basis.
(4) Report.--Within 5 years after the date of
enactment of the Telecommunications Act of 1996, the
Commission shall report to the Congress on the
implementation of the program required by this
subsection, and shall annually thereafter advise the
Congress on the amounts collected pursuant to such
program.
(f) Preservation of Low-Power Community Television
Broadcasting.--
(1) Creation of class a licenses.--Within 120 days
after the date of enactment of the Community
Broadcasters Protection Act of 1998, the Commission
shall prescribe regulations to establish a class A
television license to be available to licensees of
qualifying low-power television stations. Such license
shall be subject to the same license terms, and renewal
standards as the licenses for full-power television
stations except as provided in this section, and each
class A licensee shall be accorded primary status as a
television broadcaster as long as the station continues
to meet the requirements for a qualifying low-power
station in paragraph (2). Within 30 days after the
enactment of the Community Broadcasters Protection Act
of 1998, the Commission shall send a notice to the
licensees of all low-power televisions licenses that
describes the requirements for Class A designation.
Within 30 days after receipt of the notice, licensees
intending to seek Class A designation shall submit to
the Commission a certification of eligibility based on
the qualification requirements of this Act. Absent a
material deficiency, the Commission shall grant
certification of eligibility to apply for Class A
status. The Commission shall act to preserve the
contours of low-power television licensees pending the
final resolution of a Class A application. Under the
requirements set forth in subsection (f)(2) (A) and (B)
and subsection (f)(6) of this section, a licensee may
submit an application for Class A designation under
this paragraph only within 30 days after final
regulations are adopted. The Commission shall, within
30 days after receipt of an application that is
acceptable for filing, award such a class A television
station license to any licensee of a qualifying low-
power television station.
(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying
low-power television station if--
(A) during the 90 days preceding the date of
enactment of the Community Broadcasters
Protection Act of 1998--
(i) such station broadcast a minimum
of 18 hours per day;
(ii) such station broadcast an
average of at least 3 hours per week of
programming that was produced within
the market area served by such station,
or the market area served by a group of
commonly controlled stations that carry
common local or specialized programming
not otherwise available to their
communities; and
(iii) such station was in compliance
with the Commission's requirements
applicable to low-power television
stations; and
(B) from and after the date of its
application for a Class A license, the station
is in compliance with the Commission's
operating rules for full power television
stations; or
(C) the Commission determines that the public
interest, convenience, and necessity would be
served by treating the station as a qualifying
low-power television station for purposes of
this section, or for other reasons determined
by the Commission.
(3) Common ownership.--No low-power television
station shall be disqualified for a class A license
based on common ownership with any other medium of mass
communication.
(4) Issuance of licenses for advanced television
services to qualifying low-power television stations.--
The Commission is not required to issue any additional
licenses for advanced television services to the
licensees of the class A television stations but shall
accept such license applications proposing facilities
that will not cause interference to any other broadcast
facility authorized on the date of filing of the Class
A advanced television application. In reviewing such
applications, the Commission shall consider the impact
of such a grant on the primary television viewing
audience of the applicant. Such new license or the
original license of the applicant shall be forfeited at
the end of the DTV transition. Low-power television
station licensees may, at the option of licensee, elect
to convert to the provision of advanced television
services on its analog channel, but shall not be
required to convert to digital operation until the
Commission requires the use of digital or other
advanced technologies by all full-power television
stations.
(5) No preemption of section 337.--Nothing in this
section preempts section 337 of this Act.
(6) Interim qualification.--
(A) Stations operating within certain
bandwidth.--The Commission may not grant a
Class A license to a low power television
station operating between 698 and 806
megahertz, but the Commission shall provide to
low power television stations assigned to and
temporarily operating in that bandwidth the
opportunity to meet the qualification
requirements for a Class A license. When such a
qualified applicant for a Class A license is
assigned a channel within the core spectrum,
the Commission shall simultaneously issue a
Class A license.
(B) Certain channels off-limits.--The
Commission may not grant a channel within the
core spectrum under this subsection that
includes any of the 175 additional channels
referenced in paragraph 45 of its February 23,
1998, Memorandum Opinion and Order on
Reconsideration of the Sixth Report and Order:
MM Docket No. 87-268. Within 18 months after
the date of enactment of the Community
Broadcasters Protection Act of 1998, the
Commission shall identify by channel, location,
and applicable technical parameters those 175
channels.
(7) No interference requirement.--The Commission may
not grant a Class A license nor approve a modification
of a Class A license unless the applicant or licensee
shows that the Class A station for which the license or
modification is sought will not cause--
(A) impermissible interference within the
Grade B contour of any television station (as
of the date of enactment of the Community
Broadcasters Protection Act of 1998, or as
proposed in a minor change application filed on
or before such date) or the DTV service areas
provided in the DTV Table of Allotments, or
subsequently granted by the Commission prior to
the filing of a Class A application;
(B) interference within the protected contour
of any low power television station or low
power television translator station licensed,
authorized by construction permit, or with a
pending displacement application submitted
prior to the date on which the application for
a Class A license, or for the modification of
such a license, was filed; or
(C) impermissible interference within the
protected contour of 80 miles from the
geographic center of the areas listed in
section 22.625(b)(1) or 90.303 of the
Commission's regulations (47 C.F.R.
22.625(b)(1) and 90.303) for frequencies in--
(i) the 470-512 megahertz band
identified in section 22.621 or 90.303
of such regulations; or
(ii) the 482-488 megahertz band in
New York.
[(f)] (g) Evaluation.--Within 10 years after the date the
Commission first issues additional licenses for advanced
television services, the Commission shall conduct an evaluation
of the advanced television services program. Such evaluation
shall include--
(1) an assessment of the willingness of consumers to
purchase the television receivers necessary to receive
broadcasts of advanced television services;
(2) an assessment of alternative uses, including
public safety use, of the frequencies used for such
broadcasts; and
(3) the extent to which the Commission has been or
will be able to reduce the amount of spectrum assigned
to licensees.
[(g)] (h) Definitions.--As used in this section:
(1) Advanced television services.--The term
``advanced television services'' means television
services provided using digital or other advanced
technology as further defined in the opinion, report,
and order of the Commission entitled ``Advanced
Television Systems and Their Impact Upon the Existing
Television Broadcast Service'', MM Docket 87-268,
adopted September 17, 1992, and successor proceedings.
(2) Designated frequencies.--The term ``designated
frequency'' means each of the frequencies designated by
the Commission for licenses for advanced television
services.
(3) High definition television.--The term ``high
definition television'' refers to systems that offer
approximately twice the vertical and horizontal
resolution of receivers generally available on the date
of enactment of the Telecommunications Act of 1996, as
further defined in the proceedings described in
paragraph (1) of this subsection.