[117th Congress Public Law 344]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6193]]
Public Law 117-344
117th Congress
An Act
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. <<NOTE: Jan. 5, 2023 - [S. 3405]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Low Power
Protection Act. 47 USC 336 note.>>
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.-- <<NOTE: Deadline. Notice.>> 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.-- <<NOTE: Time period.>> 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.
[[Page 136 STAT. 6194]]
(B) Considerations.--The Commission may approve an
application submitted under subparagraph (A) if the low
power TV station submitting the application--
(i) satisfies--
(I) <<NOTE: Time period.>> 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) <<NOTE: List.>> 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
[[Page 136 STAT. 6195]]
that title, that are collectively commonly referred to as the
``Television Broadcast Incentive Auction''.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 3405:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 21, considered and passed Senate.
Dec. 22, considered and passed House.
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