[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2540 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2540
To protect educational FM radio stations providing public service
broadcasting from commercial encroachment.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2004
Ms. Cantwell introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To protect educational FM radio stations providing public service
broadcasting from commercial encroachment.
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 ``Educational Radio Protection Act''.
SEC. 2. ENTITLEMENT OF CERTAIN CLASS D FM STATIONS TO CLASS A LICENSES.
Notwithstanding any provision of the Communications Act of 1934 (47
U.S.C. 151 et seq.) or of the regulations, rules, or procedures of the
Federal Communication Commission to the contrary, a qualifying
educational FM radio station is entitled, upon application by the
licensee of that station--
(1) to have the license granted to such a station be
subject to the same license terms and renewal standards (other
than fees) as a license for a full-power class A FM radio
station under title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.); and
(2) to have the licensee of such a station accorded primary
status as a radio broadcaster with respect to that station as
long as the station continues to be a qualifying educational FM
radio station.
SEC. 3. NOTIFICATION, APPLICATION, AND DECISION.
(a) Notification.--Within 30 days after the date of enactment of
this Act, the Commission shall provide notice in writing of the
provisions of this Act to each licensee of a Class D FM radio station
that, as of May 1, 2004--
(1) was licensed to an educational institution;
(2) had a 60dBu service contour that equaled or exceeded 6
kilometers; and
(3) had effective radiated power power in excess of 10
watts.
(b) Application.--If the licensee of a qualifying educational FM
radio station seeks to have the provisions of section 2 apply with
respect to that station, the licensee shall submit an application to
the Commission within 1 year after the date of enactment of this Act in
such form and containing such information as the Commission may
require. The Commission may not consider an application received more
than 1 year after the date of enactment of this Act.
(c) 30-Day Decision Required.--The Commission shall approve an
application under this Act within 30 days after receipt of the
completed application.
SEC. 4. PROTECTION OF EXISTING STATIONS' SPECTRUM.
(a) In General.--Notwithstanding any provision of the
Communications Act of 1934 (47 U.S.C. 151 et seq.) to the contrary, the
Commission may not award or assign any portion of the radio spectrum
assigned to a qualifying educational FM radio station for which an
application is submitted under section 3 except as provided in this
section.
(b) Approved Applications.--If the licensee of a qualifying
educational FM radio station submits an application under this Act
within 1 year after the date of enactment of this Act and the
Commission approves the application, then the Commission may not award
or reassign any portion of the radio spectrum assigned to that station
to a commercial FM radio station.
(c) Restoration of Certain Spectrum.--If the Commission awarded or
reassigned any portion of a qualifying educational FM radio station's
spectrum to a commercial FM radio station after April 30, 2004, and
before the date on which the Commission approves the qualifying
educational FM radio station's application under section 3, the
Commission shall revoke the award or reassignment of spectrum to the
commercial FM radio station and restore it to the qualifying
educational FM radio station no later than 30 days after the date on
which the Commission issues an approval of the application that is not
subject to appeal under chapter 5 of title 5, United States Code, or
under the Commission's rules.
SEC. 5. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Qualifying educational fm radio station.--The term
``qualifying educational FM radio station'' means a Class D FM
radio station that, as of May 1, 2004, and at all times
thereafter--
(A) is licensed to an educational institution;
(B) a 60dBu service contour that equals or exceeds
6 kilometers;
(C) has effective radiated power exceeding 10
watts; and
(D) meets all requirements for operation and
licensing as a class D FM radio station under title III
of the Communications Act of 1934 (47 U.S.C. 301 et
seq.) and the Commission's rules and regulations
promulgated under that Act.
<all>