    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-371
    111th Congress

    An Act

    To implement the recommendations of the Federal Communications
    Commission report to the Congress regarding low-power FM service, and
    for other purposes. <>

    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 ``Local Community Radio Act of 2010''.
    SEC. 2. AMENDMENT.

    Section 632 of the Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
    106-553; 114 Stat. 2762A-111), is amended to read as follows:
    ``Sec. 632. (a) The Federal Communications Commission shall modify
    the rules authorizing the operation of low-power FM radio stations, as
    proposed in MM Docket No. 99-25, to--
    ``(1) prescribe protection for co-channels and first- and
    second-adjacent channels; and
    ``(2) prohibit any applicant from obtaining a low-power FM
    license if the applicant has engaged in any manner in the
    unlicensed operation of any station in violation of section 301
    of the Communications Act of 1934 (47 U.S.C. 301).

    ``(b) Any license that was issued by the Federal Communications
    Commission to a low-power FM station prior to April 2, 2001, and that
    does not comply with the modifications adopted by the Commission in MM
    Docket No. 99-25 on April 2, 2001, shall remain invalid.''.
    SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS.

    (a) In General.--The Federal Communications Commission shall modify
    its rules to eliminate third-adjacent minimum distance separation
    requirements between--
    (1) low-power FM stations; and
    (2) full-service FM stations, FM translator stations, and FM
    booster stations.

    (b) Restriction.--
    (1) In general.--The Federal Communications Commission shall
    not amend its rules to reduce the minimum co-channel and first-
    and second-adjacent channel distance separation requirements in
    effect on the date of enactment of this Act between--
    (A) low-power FM stations; and
    (B) full-service FM stations.

    [[Page 4073]]

    (2) Waiver.--
    (A) In general.--Notwithstanding paragraph (1), the
    Federal Communications Commission may grant a waiver of
    the second-adjacent channel distance separation
    requirement to low-power FM stations that establish,
    using methods of predicting interference taking into
    account all relevant factors, including terrain-
    sensitive propagation models, that their proposed
    operations will not result in interference to any
    authorized radio service.
    (B) Requirements.--
    (i) Suspension.--Any low-power FM station that
    receives a waiver under subparagraph (A) shall be
    required to suspend operation immediately upon
    notification by the Federal Communications
    Commission that it is causing interference to the
    reception of an existing or modified full-service
    FM station without regard to the location of the
    station receiving interference.
    (ii) Elimination of interference.--A low-power
    FM station described in clause (i) shall not
    resume operation until such interference has been
    eliminated or it can demonstrate to the Federal
    Communications Commission that the interference
    was not due to emissions from the low-power FM
    station, except that such station may make short
    test transmissions during the period of suspended
    operation to check the efficacy of remedial
    measures.
    (iii) <>  Notification.--Upon
    receipt of a complaint of interference from a low-
    power FM station operating pursuant to a waiver
    authorized under subparagraph (A), the Federal
    Communications Commission shall notify the
    identified low-power FM station by telephone or
    other electronic communication within 1 business
    day.
    SEC. 4. PROTECTION OF RADIO READING SERVICES.

    The Federal Communications Commission shall comply with its existing
    minimum distance separation requirements for full-service FM stations,
    FM translator stations, and FM booster stations that broadcast radio
    reading services via an analog subcarrier frequency to avoid potential
    interference by low-power FM stations.
    SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM
    STATIONS.

    The Federal Communications Commission, when licensing new FM
    translator stations, FM booster stations, and low-power FM stations,
    shall ensure that--
    (1) licenses are available to FM translator stations, FM
    booster stations, and low-power FM stations;
    (2) such decisions are made based on the needs of the local
    community; and
    (3) FM translator stations, FM booster stations, and low-
    power FM stations remain equal in status and secondary to
    existing and modified full-service FM stations.
    SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS.

    The Federal Communications Commission shall modify its rules to
    address the potential for predicted interference to FM translator

    [[Page 4074]]

    input signals on third-adjacent channels set forth in section 2.7 of the
    technical report entitled ``Experimental Measurements of the Third-
    Adjacent Channel Impacts of Low-Power FM Stations, Volume One--Final
    Report (May 2003)''.
    SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.

    The Federal Communications Commission shall modify the interference
    complaint process described in section 73.810 of its rules (47 CFR
    73.810) as follows:
    (1) With respect to those low-power FM stations licensed at
    locations that do not satisfy third-adjacent channel spacing
    requirements under section 73.807 of the Commission's rules (47
    CFR 73.807), the Federal Communications Commission shall provide
    the same interference protections that FM translator stations
    and FM booster stations are required to provide as set forth in
    section 74.1203 of its rules (47 CFR 74.1203) as in effect on
    the date of enactment of this Act.
    (2) <>  For a period
    of 1 year after a new low-power FM station is constructed on a
    third-adjacent channel, such low-power FM station shall be
    required to broadcast periodic announcements that alert
    listeners that interference that they may be experiencing could
    be the result of the operation of such low-power FM station on a
    third-adjacent channel and shall instruct affected listeners to
    contact such low-power FM station to report any interference.
    The Federal Communications Commission shall require all newly
    constructed low-power FM stations on third-adjacent channels
    to--
    (A) <>  notify the
    Federal Communications Commission and all affected
    stations on third-adjacent channels of an interference
    complaint by electronic communication within 48 hours
    after the receipt of such complaint; and
    (B) cooperate in addressing any such interference.
    (3) Low-power FM stations on third-adjacent channels shall
    be required to address complaints of interference within the
    protected contour of an affected station and shall be encouraged
    to address all other interference complaints, including
    complaints to the Federal Communications Commission based on
    interference to a full-service FM station, an FM translator
    station, or an FM booster station by the transmitter site of a
    low-power FM station on a third-adjacent channel at any distance
    from the full-service FM station, FM translator station, or FM
    booster station. <>  The Federal
    Communications Commission shall provide notice to the licensee
    of a low-power FM station of the existence of such interference
    within 7 calendar days of the receipt of a complaint from a
    listener or another station.
    (4) To the extent possible, the Federal Communications
    Commission shall grant low-power FM stations on third-adjacent
    channels the technical flexibility to remediate interference
    through the colocation of the transmission facilities of the
    low-power FM station and any stations on third-adjacent
    channels.
    (5) The Federal Communications Commission shall--
    (A) permit the submission of informal evidence of
    interference, including any engineering analysis that an
    affected station may commission;
    (B) accept complaints based on interference to a
    full-service FM station, FM translator station, or FM
    booster

    [[Page 4075]]

    station by the transmitter site of a low-power FM
    station on a third-adjacent channel at any distance from
    the full-service FM station, FM translator station, or
    FM booster station; and
    (C) accept complaints of interference to mobile
    reception.
    (6) The Federal Communications Commission shall for full-
    service FM stations that are licensed in significantly populated
    States with more than 3,000,000 population and a population
    density greater than 1,000 people per one square mile land area,
    require all low-power FM stations licensed after the date of
    enactment of this Act and located on third-adjacent, second-
    adjacent, first-adjacent, or co-channels to such full-service FM
    stations, to provide the same interference remediation
    requirements to complaints of interference, without regard to
    whether such complaints of interference occur within or outside
    of the protected contour of such stations, under the same
    interference complaint and remediation procedures that FM
    translator stations and FM booster stations are required to
    provide to full-service stations as set forth in section 74.1203
    of its rules (47 CFR 74.1203) as in effect on the date of
    enactment of this Act. Notwithstanding the provisions of section
    74.1203, no interference that arises outside the relevant
    distance for the full-service station class specified in the
    first column titled ``required'' for ``Co-channel minimum
    separation (km)'' in the table listed in section 73.807(a)(1) of
    the Commission's rules (47 CFR 73.807(a)(1)) shall require
    remediation.
    SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-
    SERVICE COMMERCIAL FM STATIONS.

    (a) In General.--The Federal Communications Commission shall conduct
    an economic study on the impact that low-power FM stations will have on
    full-service commercial FM stations.
    (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Federal Communications Commission shall submit a report to
    the Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Energy and Commerce of the House of Representatives on
    the study conducted under subsection (a).

    [[Page 4076]]

    (c) Licensing Not Affected by Study.--Nothing in this section shall
    affect the licensing of new low-power FM stations as otherwise permitted
    under this Act.

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--H.R. 6533:
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    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Dec. 17, considered and passed House.
    Dec. 18, considered and passed Senate.