[House Report 111-375]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-375
======================================================================
LOCAL COMMUNITY RADIO ACT OF 2009
_______
December 14, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1147]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1147) to implement the recommendations of the
Federal Communications Commission report to the Congress
regarding low-power FM service, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Legislative History.............................................. 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Statement of Committee Oversight Findings and Recommendations.... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Statement of General Performance Goals and Objectives............ 6
Constitutional Authority Statement............................... 6
Earmarks and Tax and Tariff Benefits............................. 7
Federal Advisory Committee Statement............................. 7
Applicability of Law to Legislative Branch....................... 7
Federal Mandates Statement....................................... 7
Committee Cost Estimate.......................................... 7
Congressional Budget Office Cost Estimate........................ 7
Section-by-Section Analysis of the Legislation................... 8
Explanation of Amendments........................................ 10
Changes in Existing Law Made by the Bill, as Reported............ 10
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Community Radio Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The passage of the Telecommunications Act of 1996 led to
increased consolidation of ownership in the radio industry.
(2) At a hearing before the Committee on Commerce, Science,
and Transportation of the Senate on June 4, 2003, all 5 members
of the Federal Communications Commission testified that there
has been, in at least some local radio markets, too much
consolidation.
(3) In part due to consolidation of media ownership, there
have been strong financial incentives for some companies to
reduce local programming and rely instead on syndicated
programming produced for hundreds of stations, though
noncommercial educational radio stations, including FM
translator stations, currently provide important local service,
as do many commercial radio stations. A renewal of commitment
to localism--local operations, local research, local
management, locally originated programming, local artists, and
local news and events--would bolster radio's service to the
public.
(4) Local communities have sought to launch radio stations to
meet their local needs. However, due in part to the scarce
amount of spectrum available and the high cost of buying and
running a large station, many local communities are unable to
establish a radio station.
(5) In 2003, the average cost to acquire a commercial radio
station was more than $2,500,000.
(6) In January 2000, the Federal Communications Commission
authorized a new, affordable community radio service called
``low-power FM'', or ``LPFM'', to ``enhance locally focused
community-oriented radio broadcasting''.
(7) Through the creation of LPFM, the Federal Communications
Commission sought to ``create opportunities for new voices on
the airwaves and to allow local groups, including schools,
churches, and other community-based organizations, to provide
programming responsive to local community needs and
interests''.
(8) The Federal Communications Commission made clear that the
creation of LPFM would not compromise the integrity of the FM
radio band by stating, ``We are committed to creating a low-
power FM radio service only if it does not cause unacceptable
interference to existing radio service.''.
(9) Currently, FM translator stations can operate on the
second- and third-adjacent channels to full-power radio
stations, up to an effective radiated power of 250 watts,
pursuant to part 74 of title 47, Code of Federal Regulations,
using the very same transmitters that LPFM stations will use.
The Federal Communications Commission based its LPFM rules on
the actual performance of these translators, which already
operate without undue interference to FM stations.
(10) Small rural broadcasters were particularly concerned
about a lengthy and costly LPFM interference complaint process.
Therefore, in September 2000, the Federal Communications
Commission created a process to address interference complaints
regarding LPFM stations on an expedited basis.
(11) In December 2000, Congress delayed the full
implementation of LPFM until the Federal Communications
Commission commissioned and reviewed an independent engineering
study. This action was due to some broadcasters' concerns that
LPFM service would cause interference in the FM radio band.
(12) The Federal Communications Commission granted licenses
to over 800 LPFM stations despite the congressional action.
These stations are currently on the air and are run by local
government agencies, groups promoting arts and education to
immigrant and indigenous populations, artists, schools,
religious organizations, environmental groups, organizations
promoting literacy, and many other civically oriented
organizations.
(13) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars, the independent engineering study
commissioned by the Federal Communications Commission concluded
that concerns about interference on third-adjacent channels
were unwarranted.
(14) The Federal Communications Commission issued a report to
Congress on February 19, 2004, which stated that ``Congress
should readdress this issue and modify the statute to eliminate
the third-adjacent channel distance separation requirement for
LPFM stations.''.
(15) On November 27, 2007, the Federal Communications
Commission again unanimously affirmed LPFM, stating in a news
release about the adoption of the Low-Power FM Third Report and
Order and Second Notice of Proposed Rulemaking that the Federal
Communications Commission recommends ``to Congress that it
remove the requirement that LPFM stations protect full-power
stations operating on third-adjacent channels''. Until the date
of enactment of this Act, Congress had not acted upon that
recommendation.
(16) Minorities represent almost a third of the population of
the United States. However, according to the Federal
Communications Commission's most recent Form 323 data on the
race and gender of full-power, commercial broadcast licensees,
minorities own only 7 percent of all local television and radio
stations. Women represent more than half of the population but
own only 6 percent of all local television and radio stations.
LPFM stations, while not a solution to the overall inequalities
in minority and female broadcast ownership, provide an
additional opportunity for underrepresented communities to
operate a station and offer local communities a greater
diversity of viewpoints and culture.
(17) LPFM stations have proven to be a vital source of
information during local or national emergencies. Out of the
few stations that were able to stay on the air during Hurricane
Katrina, several were LPFM stations. In Bay St. Louis,
Mississippi, low-power FM station WQRZ remained on the air
during Hurricane Katrina and served as the Emergency Operations
Center for Hancock County. After Hurricane Katrina, when
thousands of evacuees temporarily housed at the Houston
Astrodome were unable to hear over the loudspeakers information
about the availability of food and ice, the location of Federal
Emergency Management Agency representatives, and the
whereabouts of missing loved ones, volunteers handed out
thousands of transistor radios and established an LPFM station
outside of the Astrodome to broadcast such information.
SEC. 3. 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 Commission to a low-power FM
station prior to the date on which the Commission modifies its rules as
required by subsection (a) and that does not comply with such
modifications shall be invalid.''.
SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
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.
SEC. 5. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall provide third-adjacent
channel protection for full-power noncommercial FM stations and
noncommercial FM translator and booster stations that broadcast radio
reading services via an analog subcarrier frequency from potential low-
power FM station interference.
SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.
The Federal Communications Commission, when licensing FM translator
and low-power FM stations, shall ensure--
(1) that licenses are available to both FM translator
stations and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community.
SEC. 7. PROTECTION OF TRANSLATOR INPUT SIGNALS.
The Federal Communications Commission shall modify its rules to
address the potential for predicted interference to FM translator 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. 8. 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) For a period of one year after a new low-power FM station
is constructed on a third-adjacent channel, the 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 the new
low-power FM station on a third-adjacent channel and shall
instruct affected listeners to contact the 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
interference complaints; and
(B) cooperate in addressing any such interference.
(2) 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.
(3) 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.
(4) 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 or FM translator station by the
transmitter site of a low-power FM station on a third-
adjacent channel at any distance from the full-service
or FM translator station; and
(C) accept complaints of interference to mobile
reception.
Purpose and Summary
H.R. 1147, the ``Local Community Radio Act of 2009'', was
introduced on February 24, 2009, by Reps. Mike Doyle (D-PA) and
Lee Terry (R-NE). H.R. 1147 would expand the ability of the
Federal Communications Commission (FCC) to license low-power FM
(LPFM) radio stations while protecting full-power FM stations
from any potential or actual interference.
Background and Need for Legislation
In 2000, the FCC authorized the creation of a new class of
radio services, known as LPFM, to be operated by community-
based nonprofit groups, educational and religious
organizations, and public safety and transportation
agencies.\1\ LPFM radio services are limited to noncommercial
educational programming and must operate at less than 100
watts, with a preference given to licenses for stations that
are locally owned and offer locally-originated programming.
LPFM stations must also afford interference protection to full-
power FM stations and to FM translator and booster stations.
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\1\Federal Communications Commission, Creation of Low Power Radio
Service (MM Docket No. 99-25 Report and Order), 15 FCC Rcd 2205 (2000).
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When the FCC first adopted its LPFM rules, it determined
that an LPFM station broadcasting on a ``third-adjacent
channel'' to a full-power FM station would not cause
significant interference to the full-power station. For
example, if a full-power FM station was operating at 101.1 FM,
the initial FCC rules would have allowed an LPFM station to
broadcast from either 101.7 FM or 100.5 FM (the third channels
up and down the radio dial from 101.1 FM), subject to a set of
complaint and license modification procedures to address any
unexpected interference problems.\2\ Contrary to its approach
regarding co-, first-, or second-adjacent channels, the
Commission declined to impose minimum distance separation
requirements for LPFM stations operating on third-adjacent
channels to protect full-power FM stations, deeming such
requirements unnecessarily restrictive.
---------------------------------------------------------------------------
\2\Federal Communications Commission, Creation of a Low Power Radio
Service, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd
19208 (2000).
---------------------------------------------------------------------------
Before the FCC was able to implement fully its decision,
however, Congress inserted a provision in the Fiscal Year 2001
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act (``the Act'') requiring the
FCC to: (1) prescribe minimum distance separation requirements
for third-adjacent channels; (2) hire an independent
engineering firm to further study possible interference between
full-power FM stations and LPFM stations operating on a third-
adjacent channel; and (3) report the findings and any
recommendations to Congress.\3\ As a result of the spacing
requirements imposed by the Act, the FCC dismissed over 600
pending LPFM applications, mostly from larger metropolitan
areas.
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\3\Pub. L. No. 106-553, Sec. 1A632, 114 Stat. 2762A-111 (2000).
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In 2001, the Commission selected the Mitre Corporation as
the independent third party to perform a study of LPFM
interference to full-power FM stations. After two years and
over $2 million in field tests and experimental programs, Mitre
Corporation concluded in a report titled Experimental
Measurements of the Third-Adjacent Channel Impacts of Low-Power
FM Stations, Volume One: Final Report, (Mitre study) that there
is a ``lack of measurable interference produced by third-
adjacent channel LPFM stations.''\4\
---------------------------------------------------------------------------
\4\Federal Communications Commission, Comment Sought on the Mitre
Corporation's Technical Report, Experimental measurements of the Third-
Adjacent Channel Impacts of Low-Power FM Stations (Public Notice), 18
FCC Rcd. 14445 (2003).
---------------------------------------------------------------------------
In February 2004, the FCC submitted its report to Congress,
recommending that, based on the Mitre study, Congress ``modify
the statute to eliminate the third-adjacent channel distan[ce]
separation requirements for LPFM stations.''\5\ Subsequently,
legislation was introduced in the House and the Senate during
the 108th, 109th, and 110th Congresses to implement the FCC's
recommendations to expand the availability of LPFM radio
licenses.
---------------------------------------------------------------------------
\5\Federal Communications Commission, Report to Congress on the Low
Power FM Interference Testing Program (Pub. L. No. 106-553) (Feb. 19,
2004). See also Federal Communications Commission, Press Release: FCC
Adopts Rules to Promote the Growth of the Low Power FM Radio Service
(Nov. 27, 2007) (unanimously reaffirming its recommendation to Congress
``that it removes the requirement that LPFM stations protect full-power
stations on operating on the third-adjacent channels'').
---------------------------------------------------------------------------
Legislative History
On February 24, 2009, Representatives Doyle and Terry
introduced H.R. 1147, the Local Community Radio Act of 2009.
The Subcommittee held a legislative hearing on H.R. 1147 on
June 11, 2009. The Subcommittee heard from witnesses
representing the National Association of Broadcasters, the
Federal Communications Commission, Consumer Union, and the
United Church of Christ, Office of Communications.
Committee Consideration
On October 8, 2009, the Subcommittee on Communications,
Technology, and the Internet met in open markup session to
consider and subsequently forward H.R. 1147, amended, to the
full Committee by a voice vote.
The full Committee met in open markup session on October
15, 2009, to consider H.R. 1147, and subsequently ordered
reported H.R. 1147, as amended by the Subcommittee, by a voice
vote. There were no amendments offered at full Committee.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto. A motion by Mr. Waxman to order H.R. 1147 favorably
reported to the House, as amended, was agreed to by a voice
vote. There were no recorded votes taken during consideration
and passage of H.R. 1147.
Statement of Committee Oversight Findings and Recommendations
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the oversight findings and recommendations of
the Committee are reflected in the descriptive portions of this
report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives, the Committee adopts as its own the
estimate of budget authority and revenues regarding H.R. 1147
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974. The Committee finds that H.R. 1147 would result in no new
or increased entitlement authority, or tax expenditures or
revenues.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the performance goals and
objectives of the Committee are reflected in the descriptive
portions of this report.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 1147. Article I, section 8, clauses 3 and 18
of the Constitution of the United States grants the Congress
the power to enact this law.
Earmarks and Tax and Tariff Benefits Statement
H.R. 1147 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., section 5(b).
Applicability of Law to the Legislative Branch
The Committee finds that H.R. 1147 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of Section 102(b)(3) of
Public Law 104-1.
Federal Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee adopts as its
own the estimates of federal mandates prepared by the Director
of the Congressional Budget Office.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee adopts as its own the
cost estimate on H.R. 1147 prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives and section 402 of the Congressional
Budget Act of 1974, the Committee has received the following
cost estimate for H.R. 1147 from the Director of the
Congressional Budget Office:
October 28, 2009.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1147, the Local
Community Radio Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1147--Local Community Radio Act of 2009
H.R. 1147 would amend rules that limit the number of low-
power radio stations that may be licensed by the Federal
Communications Commission (FCC). Low-power stations are
operated by noncommercial entities and broadcast very weak
signals (100 watts or less) that reach a limited geographic
area. The bill would repeal some engineering requirements that
currently limit the number of low-power radio stations that can
operate in certain areas and would direct the FCC to ensure the
availability of radio spectrum for both low-power FM stations
and stations that translate FM signals initially transmitted by
other stations (known as FM translators).
CBO estimates that implementing the bill would have no
significant effect on the federal budget. Easing restrictions
on low-power radio stations would probably increase the number
of applications for such licenses. Based on information from
the FCC, CBO estimates that the administrative costs of
processing additional license applications would be negligible
and that there would be no change in the FCC's offsetting
collections because noncommercial entities do not pay fees for
such licenses. Provisions affecting the allocation of spectrum
between low-power FM stations and FM translators could affect
offsetting receipts from future spectrum auctions, but CBO
estimates that those changes are unlikely to affect proceeds
from the auctions that will be held before the FCC's authority
to auction the spectrum expires at the end of 2013.
H.R. 1147 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). To the extent that
public entities choose to apply for and develop new radio
stations, they would voluntarily incur some costs.
The bill could, however, impose a private-sector mandate,
as defined in UMRA. According to the FCC, 15 low-power FM radio
stations are currently licensed to broadcast on frequencies
within two channels of another channel. If any of those
existing licenses were to be invalidated, the bill would impose
a private-sector mandate. Because the number of licenses that
may be affected is small, and the stations are noncommercial,
CBO estimates that the cost of the mandate, if imposed, would
fall well below the annual threshold established in UMRA for
private-sector mandates ($139 million in 2009, adjusted
annually for inflation).
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This Act is entitled the ``Local Community Radio Act of
2009''.
Section 2. Findings
Sets forth the bill's findings regarding LPFM radio
services.
Section 3. Amendment
Amends section 632 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act of 2001 to remove the minimum distance separation
requirement for the operation of LPFM stations on third-
adjacent channels while preserving the language prohibiting
operators of unlicensed radio stations from obtaining an LPFM
license. The bill also retains the invalidation of any LPFM
license that was issued prior to, and inconsistent with, the
modifications required by the Appropriations Act at the time of
its original passage in 2001. The bill directs the FCC to
prescribe protection for co-channels and first- and second-
adjacent channels. In doing so the Committee intends the FCC to
consider either the minimum distance separation methodology or
contour-based methodology, whichever is appropriate.
Section 4. Minimum distance separation requirements
Directs the FCC to modify its rules to eliminate third-
adjacent minimum distance separation requirements between LPFM
stations and full-power FM stations and FM translator and
booster stations.
Section 5. Protection of radio reading services
Directs the FCC to retain its rules adopted in 2000 that
provide third-adjacent channel protection for full-power
noncommercial FM stations that broadcast radio reading services
via a subcarrier frequency from potential interference by LPFM
stations.
Section 6. Ensuring availability of spectrum for LPFM stations
Directs the FCC to ensure, when licensing FM translator and
LPFM stations, that there is enough spectrum for both FM
translator and LPFM stations, taking into consideration the
needs of the local community.
Section 7. Protection of translator input signals
Requires the FCC to modify its rules concerning the
protection of input signals of FM translator stations by
implementing a formula described in the technical report
entitled Experimental Measurements of the Third-Adjacent
Channel Impacts of Low-Power FM Stations, Volume One: Final
Report, authored by the Mitre Corporation and published in May
2003. The formula prescribes the minimum LPFM-to-translator
separation needed to address the potential for predicted
interference to a translator's input signal.
Section 8. Ensuring effective remediation of interference
Requires the FCC to modify the interference complaint
process for LPFM stations constructed on a third adjacent-
channel. For a period of one year after an LPFM station is
constructed on a third adjacent-channel, the LPFM station is
required to broadcast periodic announcements that alert
listeners of potential interference and instructing them to
report any such interference. The LPFM station is required to
notify the FCC and all affected stations on third-adjacent
channels of interference complaints and cooperate in addressing
any such interference, including with respect to complaints
based on interference to a full-service FM station, an FM
translator station, or an FM booster station. To the extent
possible, the FCC must grant LPFM stations located on third-
adjacent channels the technical flexibility to remediate
interference through the collocation of the transmission
facilities of the LPFM station and any stations on third-
adjacent channels. The FCC must also permit the submission of
informal evidence of interference, accept complaints based on
interference to a full-service or FM translator station by an
LPFM station at any distance from the full-service or FM
translator station, and accept complaints of interference to
reception on mobile devices.
Explanation of Amendments
During Subcommittee consideration of H.R. 1147, an
amendment in the nature of a substitute was offered as a
manager's amendment by Rep. Doyle, based on discussions with
technical experts and stakeholders. The amendment made several
changes to the bill.
Instead of repealing section 632 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act of 2001 in its entirety, the
substitute amended section 632 to remove the minimum distance
separation requirement for third-adjacent channels while
preserving the language prohibiting operators of unlicensed
radio stations from obtaining an LPFM license. The substitute
also retained the invalidation of any LPFM license that was
issued prior to, and inconsistent with, the modifications
required by the Appropriations Act. The substitute also
clarified that the protection of radio reading services is
limited to those carried by an analog subcarrier frequency.
Additionally, the substitute created a new section 7,
requiring the FCC to modify its rules to avoid potential
interference of a translator's input signal. Finally, the
substitute added a new section 8 requiring the FCC to modify
the interference complaint process for LPFM stations
constructed on a third adjacent-channel.
No amendment was offered during the full Committee
consideration of H.R. 1147.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 632 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
[Sec. 632. (a)(1) 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--
[(A) prescribe minimum distance separations for
third-adjacent channels (as well as for co-channels and
first- and second-adjacent channels); and
[(B) 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).
[(2) The Federal Communications Commission may not--
[(A) eliminate or reduce the minimum distance
separations for third-adjacent channels required by
paragraph (1)(A); or
[(B) extend the eligibility for application for low-
power FM stations beyond the organizations and entities
as proposed in MM Docket No. 99-25 (47 CFR 73.853),
except as expressly authorized by an Act of Congress enacted
after the date of the enactment of this Act.
[(3) Any license that was issued by the Commission to a low-
power FM station prior to the date on which the Commission
modifies its rules as required by paragraph (1) and that does
not comply with such modifications shall be invalid.
[(b)(1) The Federal Communications Commission shall conduct
an experimental program to test whether low-power FM radio
stations will result in harmful interference to existing FM
radio stations if such stations are not subject to the minimum
distance separations for third-adjacent channels required by
subsection (a). The Commission shall conduct such test in no
more than nine FM radio markets, including urban, suburban, and
rural markets, by waiving the minimum distance separations for
third-adjacent channels for the stations that are the subject
of the experimental program. At least one of the stations shall
be selected for the purpose of evaluating whether minimum
distance separations for third-adjacent channels are needed for
FM translator stations. The Commission may, consistent with the
public interest, continue after the conclusion of the
experimental program to waive the minimum distance separations
for third-adjacent channels for the stations that are the
subject of the experimental program.
[(2) The Commission shall select an independent testing
entity to conduct field tests in the markets of the stations in
the experimental program under paragraph (1). Such field tests
shall include--
[(A) an opportunity for the public to comment on
interference; and
[(B) independent audience listening tests to
determine what is objectionable and harmful
interference to the average radio listener.
[(3) The Commission shall publish the results of the
experimental program and field tests and afford an opportunity
for the public to comment on such results. The Federal
Communications Commission shall submit a report on the
experimental program and field tests to the Committee on
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than February 1, 2001. Such report shall include--
[(A) an analysis of the experimental program and
field tests and of the public comment received by the
Commission;
[(B) an evaluation of the impact of the modification
or elimination of minimum distance separations for
third-adjacent channels on--
[(i) listening audiences;
[(ii) incumbent FM radio broadcasters in
general, and on minority and small market
broadcasters in particular, including an
analysis of the economic impact on such
broadcasters;
[(iii) the transition to digital radio for
terrestrial radio broadcasters;
[(iv) stations that provide a reading service
for the blind to the public; and
[(v) FM radio translator stations;
[(C) the Commission's recommendations to the Congress
to reduce or eliminate the minimum distance separations
for third-adjacent channels required by subsection (a);
and
[(D) such other information and recommendations as
the Commission considers appropriate.]
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 Commission to a low-
power FM station prior to the date on which the Commission
modifies its rules as required by subsection (a) and that does
not comply with such modifications shall be invalid.