Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1147) to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service,…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1147) to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service, as amended.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and insert extraneous material into the Record.
Mr. Speaker, I yield such time as he may consume to the chairman of the Energy and Commerce Committee, the gentleman from California (Mr. Waxman).
I yield myself such time as I may consume.
Mr. Speaker, the bill before the House is the Local Community Radio Act of 2009. It was introduced by Representatives Doyle and Terry, and it will provide additional opportunities to create new low-power FM radio stations by allowing their operation on third adjacent channels to the full-power radio stations.
Low-power stations, which are community-based nonprofits which operate at 100 watts or less of power and which have a broadcast reach, typically, of only a few miles, play a unique role in our media. They are far more likely than their full-power counterparts to be owned by women or minorities, and they are an important forum for local clergy, for educational institutions, and for a wide array of community leaders to have a say on important local issues.
I want to commend the cooperative work of our colleagues Mr. Doyle and Mr. Terry and of radio broadcasters who are significant stakeholders in this matter, as we have resolved the concerns of local public broadcasting stations that have a special need to protect the numerous translator stations that they operate from any local channel interference. Amendments that we adopted in the subcommittee consideration of the bill achieve that protection.
Among other provisions, the bill directs the Federal Communications Commission to allow the operation of low-power FM stations on third channel adjacencies to the full-power FM stations and FM translator and booster stations. It retains the FCC's existing minimum distance separation requirements for FM stations that provide radio reading services for the visually impaired.
At the same time, the bill provides for remediation of interference complaints between low-power FM stations and full-power stations as well as FM translator and booster stations. The measure directs the FCC to conduct an economic study of the effect of low-power FM stations on full service commercial stations and to submit those findings to the Congress within 1 year.
I want to thank Mr. Doyle for his tireless work on this measure. He has introduced this bill several times, and this is the first Congress in which it has been brought to the House floor. I tremendously appreciate his work and the work of Mr. Terry, his partner in this exercise. With the various stakeholders and with members of our subcommittee, collectively, their work has resulted in our being able to present this bill to the House today.
I also want to commend the bipartisan approach that we have taken in our subcommittee and full committee in processing this measure. I commend Chairman Waxman and Ranking Members Barton and Stearns for the highly cooperative manner in which we have altogether advanced this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as he may consume to the sponsor of the bill, the gentleman from Pennsylvania (Mr. Doyle).
MR. DOYLE. I want to thank Chairman Boucher and Chairman Waxman for strongly supporting my bill, which will give local communities across this country access to their airwaves. I am grateful for the support that this bill has from both sides of the aisle, including from the bill's lead cosponsor, my good friend Lee Terry from Omaha.
When the Federal Communications Commission created the low-power FM
radio service, they sought to create opportunities for new voices on the airwaves and to allow local schools, churches and other community- based organizations to provide programming that would be responsive to local community needs and interests.
Congress, however, passed the Radio Broadcasting Preservation Act in 2000, and many of those organizations were prevented from communicating to their members, supporters, and residents on the FM radio dial. That bill called for a field study performed by the MITRE Corporation and for the FCC to recommend to Congress what we should do.
In 2004, on a unanimous, bipartisan basis and for a second time in November 2007 and for a third time, once again, in September of 2009, all five FCC commissioners agreed that Congress should lift the restrictions on LPFM stations and should allow the FCC to license new stations in more communities. The bill we debate today, the Local Community Radio Act of 2009, does just that.
Where they are allowed to exist under current law, LPFM stations have proved to be a vital source of information during local or national emergencies. These stations promote the arts and education from religious organizations, community groups, organizations promoting literacy, and from many other civically oriented organizations.
Stations like KOCZ in Opelousas, Louisiana, which is operated by the Southern Development Foundation, is a group active in the African American community. This station broadcasts public affairs shows, religious programming, hip-hop, and zydeco music 24 hours a day. Zydeco music is central to the cultural heritage of the Acadiana region, but it has recently disappeared from the airwaves that have been dominated by commercial radio.
WQRZ, in Bay St. Louis, Mississippi, remained on the air during Hurricane Katrina and served as the emergency operations center for Hancock County during the worst storm there in a century.
Congress has to act on the commission's recommendations; otherwise, similar stations will be prevented from operating in communities across America--in communities like mine, which are too large to have any slots for new LPFM stations at fourth adjacent, but could fit several at third adjacent.
Stations like Lightning Community Radio and WMKP's ``The Roar'' at Penn State's Greater Allegheny campus wanted to serve the McKeesport area in my district. The current law relegates them to Webcasting, but they want to simulcast on the air as well. We must pass this bill today to make sure that that can happen.
My bill has undergone some changes from the full committee, and the National Association of Broadcasters, as well as National Public Radio, have removed their objections and do not oppose the bill. This bill has broad support, and I will be adding into the Record these letters from almost a dozen leaders from Catholic and Protestant faiths, like the United Church of Christ and the National Association of Evangelicals; a letter from two dozen national and local public interest, civil rights and local groups; another letter from the Leadership Conference on Civil Rights; and, finally, a letter from the National Federation of Community Broadcasters and the Prometheus Radio Project, all of whom strongly support the Local Community Radio Act.
Mr. Speaker, the time has come for Congress to rewrite the law. The time has come to make the airwaves available to the people they serve. The time has come to bring low-power to the people. I ask my colleagues to support the Local Community Radio Act.
My legislation makes a number of changes from the version reported out of the House Energy and Commerce Committee. Some of these changes clarified intent, others came at the request of large commercial broadcasters. Indeed, this version of the bill did not draw the opposition of the largest group of commercial broadcasters because they contributed several ideas that are included in this legislation. While I believe that the previous versions of the bill already provided strong protections for incumbent broadcasters, I accepted this compromise language because it will finally lay their objections to rest.
In exchange for dropping their opposition to my bill, incumbent broadcasters received a significant new form of protection for their signals. This compromise requires LPFM stations to fix any instance of interference to full power stations on the third adjacent channel, even outside an incumbent station's legally protected coverage area, also known as their contour.
I accepted this extremely unusual obligation to remediate interference outside of the broadcaster's legal coverage area, working with experts at the FCC, I know that harmful interference is extremely unlikely to occur in the real world.
I would not have accepted them if I believed they harmed the Low- Power FM radio service, and I will be sincerely disappointed if the Commission does so with mistaken interpretations.
Among the several changes, I'd like to explain two of them, I accepted a request that the FCC complete a study looking into the low- power FM radio service's financial impact on full-power commercial broadcasting. I know that the FCC has already looked into this issue and I understand that the Senate sponsor's intent is not to let this study delay implementation of the bill and licensing LPFM stations while this study is underway.
Second, in Section 5, I added the word ``new'' to make clear that that section applies to new licensing. While this refers to licensing new stations, I do not believe that this language should discourage the FCC from readdressing the relationship between LPFMs and translators should it conclude that it is in the public interest.
I have to thank the many people who have worked on this issue for over a decade. First, and foremost, this bill would not have happened without the work of Pete Tridish and Hannah Sassaman and Cory Fischer Hoffman of the Prometheus Radio Project, Cheryl Leanza now at the United Church of Christ, Office of Communications, Michael Bracy of the Future of Music Coalition, and Carol Pierson of the National Federation of Community Broadcasters.
Additionally, I must also thank the dozens of dedicated people who have long cared about their community's ability to access their airwaves. That so many different groups support the bill is a testament to their dedication. Their hard work will hopefully reap true rewards. Thanks are due to Katherine Grincewich of the US Conference of Catholic Bishops, Amanda Huron, Diane Foglizzo, Sakura Saunders, Brandy Doyle, Jeanette Forman, Autumn Chacon, John Wenz, Sara Cederburg, Halimah Marcus, Ian Smith, Anthony Mazza, and Scott Pinkelman of the Prometheus Radio Project, artists Kendall Nordin and Nicole Atkins, and Amy Ray and Emily Saliers of The Indigo Girls, Gary Galloway, Director of the Newton County Mississippi Emergency Management Agency, Tim Stone of Portsmouth Community Radio, Parul Desai, Kamilla Kovacs and Andy Schwartzman of the Media Access Project, Beth McConnell, Chance Williams and Hannah Miller of the Media and Democracy Coalition, Candace Clement, Ben Scott and Joe Torres at Free Press, Corrine Yu at the Leadership Conference on Civil Rights and all others who have worked so hard to get the Local Community Radio Act so far.
Low-Power FM Radio: Supporting Media Diversity 2009 Local Community
Radio Act (H.R. 1147)
Dear Colleague: We urge you to join us in support of media
diversity by supporting H.R. 1147, the Local Community Radio
Act of 2009. This bipartisan legislation will increase the
diversity of voices on our nation's radio airwaves by
creating hundreds of low-power, community radio stations in
cities, towns and suburbs across the United States.
According to a report released by the non-partisan media
advocacy group Free Press, people of color own just 7.7
percent of all full-power AM and FM stations, yet they make
up 33 percent of the U.S. population. Currently, African
Americans own 3.4 percent; Latinos, 2.9 percent; Asian
Americans, 0.9 percent; and Native Americans, 0.3 percent of
all full-power stations. In addition, despite making up 51
percent of the U.S. population, women only own 6 percent of
all radio stations. The study found the more concentrated a
local market, the less likely there will be a minority or
female owner. In 2008, the Minority Media &
Telecommunications Council (MMTC) Road Map for
Telecommunications Policy found that minority employment at
non-minority owned, English language radio news operations is
about 0.4% or statistically zero, which is about where it
stood in 1950. As a uniquely local outlet, low-power FM
(LPFM) stations directly serve the needs of their communities
by making stations possible for churches, schools, civil
rights organizations and other community groups. LPFMs
provide a forum to discuss local issues and provide essential
emergency services during times of crisis. The following
LPFMs have shown their potential to bring vibrant, diverse
programming to the airwaves:
On WSBL-LP (98.1), in South Bend, Indiana the local League
of United Latin American Citizens (LULAC) chapter broadcasts
Spanish-language programming and music, public
safety announcements, and English vocabulary lessons.
In Sacramento, KDEE-LP (97.7), licensed to the California
Black Chamber of Commerce, broadcasts extensive local news
and community affairs, providing an opportunity for local
community leaders to get on the air.
Marianne Knorzer, station manager at KRBS-LP in Oroville,
California coordinates 50 volunteers to offer local
programming to its rural community, including everything from
Hmong language programming to Reggae.
KAPU-LP (104.7), in Watsonville, CA, prides itself on being
the only radio station on the U.S. mainland that broadcasts
Hawaiian music 24 hours a day.
Additional examples include: Radio Sur Sangam, in Hayward,
CA south of Oakland, which broadcasts using shortwave radio
signals to South Asians. The community hoped for a LPFM but
Congress limited the service from densely populated areas
such as Hayward. The Society for the Preservation of Korean
Culture and Language wanted a LPFM in the Chicago area.
LPFM offers an important alternative to the narrow terms of
public debate that are all too often promoted by large
broadcasters. Given these trends, LPFM is an important means
of transmitting the views of historically underrepresented
voices. A recent report by the Leadership Conference on Civil
Rights titled, Low Power Radio: Lost Opportunity or Success
on the Dial, concluded that LPFM ``represents the best
opportunity in years for diversity in radio broadcasting and
ownership.''
In 2003, a congressionally authorized study by the FCC
determined that LPFM service could be expanded without
causing significant interference to full-power FM radio
stations. As a result, the FCC urged Congress to repeal the
restrictions it placed on licensing LPFM stations and
recently voted unanimously in support of this position.
Supporters of H.R. 1147 include: the National Association
of Evangelicals; United Church of Christ; U.S. Conference of
Catholic Bishops; NAACP; National Hispanic Media Coalition;
National Bar Association; AFL-CIO; and emergency management
agency directors.
We encourage you to support the Local Community Radio Act
(H.R. 1147) when it comes to the floor for a vote. By doing
so, you will support localism, choice, and diversity on the
radio. If you have any questions, please contact Kenneth
DeGraff with Rep. Mike Doyle at 5-2135 or Brad Schweer with
Rep. Lee Terry at 5-4155.
Nydia M. Velazquez.
Mr. Speaker, we also have no further requests for speakers, and I yield back the balance of my time.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.