Local Community Radio Act of 2007

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1675 Reported in Senate (RS)]

Calendar No. 591
110th CONGRESS
2d Session
S. 1675

[Report No. 110-271]

To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 21, 2007

Ms. Cantwell (for herself, Mr. McCain, Mr. Leahy, Mr. Sanders, and Mr.
Dorgan) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

March 4, 2008

Reported by Mr. Inouye, with an amendment
[Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

A BILL

To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.

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 2007''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led
to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce,
Science, and Transportation, 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) A commitment to localism--local operations, local
research, local management, locally-originated programming,
local artists, and local news and events--would bolster radio
listening.
(4) Local communities have sought to launch radio stations
to meet their local needs. However, due 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 Commission sought to
``create opportunities for new voices on the air waves 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 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 Commission based its LPFM rules on the actual performance
of these translators that already operate without undue
interference to FM stations. The actual interference record of
these translators is far more useful than any results that
further testing could yield.
(10) Small rural broadcasters were particularly concerned
about a lengthy and costly interference complaint process.
Therefore, in September, 2000, the Commission created a simple
process to address interference complaints regarding LPFM
stations on an expedited basis.
(11) In December, 2000, Congress delayed the full
implementation of LPFM until an independent engineering study
was completed and reviewed. This delay was due to some
broadcasters' concerns that LPFM service would cause
interference in the FM band.
(12) The delay prevented millions of Americans from having
a locally operated, community based radio station in their
neighborhood.
(13) Over 500 LPFM stations were allowed to proceed 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 peoples,
artists, schools, religious organizations, environmental
groups, organizations promoting literacy, and many other
civically-oriented organizations.
(14) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars to conduct this study, the broadcasters'
concerns were demonstrated to be unsubstantiated.
(15) Minorities represent almost a third of our population.
However, according to the Federal Communication 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 provide
local communities with a greater diversity of viewpoints and
culture.
(16) 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 online during Katrina,
several were LPFM stations. In Bay St. Louis, Mississippi, LPFM
station WQRZ remained on the air during Hurricane Katrina and
served as the Emergency Operations Center for Hancock County.
Additionally, after Hurricane Katrina when thousands of
evacuees temporarily housed at the Houston Astrodome were
unable to hear information about the availability of food and
ice, the location of FEMA representatives, and the whereabouts
of missing loved ones over the loud speakers, volunteers handed
out thousands of transistor radios and established a LPFM
station outside the Astrodome to broadcast such information.

SEC. 3. REPEAL OF PRIOR LAW.

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 repealed.

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 retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

The Federal Communications Commission when licensing FM translator
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. PROHIBITIONS ON CERTAIN APPLICANTS.

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 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).

SEC. 8. FEDERAL COMMUNICATIONS COMMISSION RULES.

The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power FM stations
that are licensed in significantly populated States with more than
3,000,000 housing units and a population density greater than 1,000
people per square mile land area.

SEC. 9. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM
STATIONS.

The Federal Communications Commission shall conduct an economic
study on the impact that low-power FM stations will have on full-power
commercial FM stations.
Calendar No. 591

110th CONGRESS

2d Session

S. 1675

[Report No. 110-271]

_______________________________________________________________________

A BILL

To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.

_______________________________________________________________________

March 4, 2008

Reported with an amendment