H.R. 1147House111th Congress (2009-2011)Passed House

Local Community Radio Act of 2009

Introduced February 24, 2009

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation.

December 24, 2009

View full timeline
HouseIntro Referral

Introduced in House

February 24, 2009

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 24, 2009

HouseCommittee

Referred to the Subcommittee on Communications, Technology, and the Internet.

February 25, 2009

HouseCommittee

Subcommittee Hearings Held.

June 11, 2009

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

October 8, 2009

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

October 8, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

October 15, 2009

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

October 15, 2009

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-375.

December 14, 2009

HouseCalendars

Placed on the Union Calendar, Calendar No. 220.

December 14, 2009

HouseFloor

Mr. Boucher moved to suspend the rules and pass the bill, as amended.

December 15, 2009 • 12:53 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H14903-14907)

December 15, 2009 • 12:53 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1147.

December 15, 2009 • 12:53 PM

HouseFloor

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Boucher objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

December 15, 2009 • 1:12 PM

HouseFloor

Considered as unfinished business. (consideration: CR H15473)

December 16, 2009 • 7:04 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 12/15/2009 H14903)

December 16, 2009 • 7:05 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 12/15/2009 H14903)

December 16, 2009 • 7:05 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 16, 2009 • 7:05 PM

SenateIntro Referral

Received in the Senate.

December 17, 2009

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

December 24, 2009

Floor Debate

8 members

What members said about H.R. 1147 on the floor

4 Republicans4 Democrats
Rick Boucher
Rep. Rick BoucherD-VA-9 · Dec 15, 2009

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,…

Michael F. Doyle
Rep. Michael F. DoyleD-PA-14 · Dec 17, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6533) to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service,…

Cliff Stearns
Rep. Cliff StearnsR-FL-6 · Dec 17, 2010

Mr. Speaker, I yield myself of such time as I may consume. I think the gentleman did an excellent job. I obviously support this bill. We support it on this side. I think the gentleman said…

Lee Terry
Rep. Lee TerryR-NE-2 · Dec 15, 2009

Mr. Speaker, I yield myself such time as I may consume. As coauthor with Mr. Doyle, I too rise in support of H.R. 1147, and it was my pleasure to come to this floor to discuss legislation that is the…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Dec 17, 2010

Madam Speaker, I rise in support of H.R. 6533, the Local Community Radio Act of 2010. I want to thank Chairman Boucher for his leadership in guiding this bipartisan bill through the Energy and…

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Lee Terry
Rep. Lee TerryR-NE-2 · Dec 17, 2010

The gentleman from Jacksonville, Florida, knows the hip- hop station. I am impressed. But this is grassroots radio. We have had pirate radio. Now we are going to have legitimate grassroots radio.…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Dec 15, 2009

Mr. Speaker, I'm pleased to support HR. 1147, the ``Local Community Radio Act,'' a bipartisan measure to revitalize the local, public interest radio programming that is so important to communities…

Marsha Blackburn
Rep. Marsha BlackburnR-TN-7 · Dec 15, 2009

I do thank the gentleman from Nebraska, and I am thrilled to stand today in support of the Local Community Radio Act. Mr. Speaker, this is an issue that I've been engaged in since my days in the…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Dec 15, 2009

Mr. Speaker, I rise in strong support of H.R. 1147, the Local Community Radio Act of 2009, and I want to thank Chairman Boucher for his leadership in guiding this bipartisan bill through the…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Dec 15, 2009

Mr. Speaker, I rise today in support of H.R. 1147, the Local Community Radio Act of 2009. I appreciate the leadership of Congressman Lee Terry of Nebraska on this important issue. Passage of this…

Bill Text

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Latest
Referred in SenateIssued December 24, 2009

IIB

111th CONGRESS

1st Session

H. R. 1147

IN THE SENATE OF THE UNITED STATES

December 17, 2009

Received

December 24, 2009

Read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

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

1.

Short title

This Act may be cited as the Local Community Radio Act of 2009.

2.

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:

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 Federal Communications Commission to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in MM Docket No. 99–25 on April 2, 2001, shall remain invalid.

.

3.

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.

4.

Protection of radio reading services

The Federal Communications Commission shall comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations.

5.

Ensuring availability of spectrum for low-power FM stations

The Federal Communications Commission, when licensing new FM translator stations, FM booster stations, and low-power FM stations, shall ensure—

(1)

that licenses are available to FM translator stations, FM booster stations, and low-power FM stations; and

(2)

that such decisions are made based on the needs of the local community.

6.

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).

7.

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)

With respect to those low-power FM stations licensed at locations that do not satisfy third-adjacent channel spacing requirements under section 73.807 of the Commission’s rules (47 CFR 73.807), the Federal Communications Commission shall provide the same interference protections that FM translator stations and FM booster stations are required to provide as set forth in section 74.1203 of its rules (47 CFR 74.1203) as in effect on the date of enactment of this Act.

(2)

For a period of 1 year after a new low-power FM station is constructed on a third-adjacent channel, such 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 such low-power FM station on a third-adjacent channel and shall instruct affected listeners to contact such 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 an interference complaint by electronic communication within 48 hours after the receipt of such complaint; and

(B)

cooperate in addressing any such interference.

(3)

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. The Federal Communications Commission shall provide notice to the licensee of a low-power FM station of the existence of such interference within 7 calendar days of the receipt of a complaint from a listener or another station.

(4)

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.

(5)

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 FM station, FM translator station, or 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; and

(C)

accept complaints of interference to mobile reception.

8.

FCC study on impact of low-power FM stations on full-service commercial FM stations

(a)

In general

The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-service commercial FM stations.

(b)

Report

Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the study conducted under subsection (a).


(c)

Licensing not affected by study

Nothing in this section shall affect the licensing of new low-power FM stations as otherwise permitted under this Act.

Passed the House of Representatives December 16, 2009.

Lorraine C. Miller,

Clerk.