II 

109TH CONGRESS 

1ST SESSION S. 312 

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 

FEBRUARY 8, 2005 

Mr. MCCAIN (for himself, Ms. CANTWELL, and Mr. LEAHY) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL

To implement the recommendations of the Federal Communications Commission report to the Congress regarding 

low-power FM service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Community 

5 Radio Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) The passage of the Telecommunications Act 

2 of 1996 led to increased ownership consolidation in 

3 the radio industry. 

4 (2) At a hearing before the Senate Committee 

5 on Commerce, Science, and Transportation, on June 

6 4, 2003, all 5 members of the Federal Communica7 tions Commission testified that there has been, in at 

8 least some local radio markets, too much consolida9 tion. 

10 (3) A commitment to localism—local oper11 ations, local research, local management, locally12 originated programming, local artists, and local news 

13 and events—would bolster radio listening. 

14 (4) Local communities have sought to launch 

15 radio stations to meet their local needs. However, 

16 due to the scarce amount of spectrum available and 

17 the high cost of buying and running a large station, 

18 many local communities are unable to establish a 

19 radio station. 

20 (5) In 2003, the average cost to acquire a com21 mercial radio station was more than $2,500,000. 

22 (6) In January, 2000, the Federal Communica23 tions Commission authorized a new, affordable com24 munity radio service called ‘‘low-power FM’’ or 
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1 ‘‘LPFM’’ to ‘‘enhance locally focused community-ori2 ented radio broadcasting’’. 

3 (7) Through the creation of LPFM, the Com4 mission sought to ‘‘create opportunities for new 

5 voices on the air waves and to allow local groups, in6 cluding schools, churches, and other community7 based organizations, to provide programming respon8 sive to local community needs and interests’’. 

9 (8) The Commission made clear that the cre10 ation of LPFM would not compromise the integrity 

11 of the FM radio band by stating, ‘‘We are com12 mitted to creating a low-power FM radio service only 

13 if it does not cause unacceptable interference to ex14 isting radio service.’’. 

15 (9) Currently, FM translator stations can oper16 ate on the second- and third-adjacent channels to 

17 full power radio stations, up to an effective radiated 

18 power of 250 watts, pursuant to part 74 of title 47, 

19 Code of Federal Regulations, using the very same 

20 transmitters that LPFM stations will use. The FCC 

21 based its LPFM rules on the actual performance of 

22 these translators that already operate without undue 

23 interference to FM stations. The actual interference 

24 record of these translators is far more useful than 

25 any results that further testing could yield. 
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1 (10) Small rural broadcasters were particularly 

2 concerned about a lengthy and costly interference 

3 complaint process. Therefore, in September, 2000, 

4 the Commission created a simple process to address 

5 interference complaints regarding LPFM stations on 

6 an expedited basis. 

7 (11) In December, 2000, Congress delayed the 

8 full implementation of LPFM until an independent 

9 engineering study was completed and reviewed. This 

10 delay was due to some broadcasters’ concerns that 

11 LPFM service would cause interference in the FM 

12 band. 

13 (12) The delay prevented millions of Americans 

14 from having a locally operated, community based 

15 radio station in their neighborhood. 

16 (13) Approximately 300 LPFM stations were 

17 allowed to proceed despite the congressional action. 

18 These stations are currently on the air and are run 

19 by local government agencies, groups promoting arts 

20 and education to immigrant and indigenous peoples, 

21 artists, schools, religious organizations, environ22 mental groups, organizations promoting literacy, and 

23 many other civically-oriented organizations. 

24 (14) After 2 years and the expenditure of 

25 $2,193,343 in taxpayer dollars to conduct this 
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1 study, the broadcasters’ concerns were demonstrated 

2 to be unsubstantiated. 

3 SEC. 3. REPEAL OF PRIOR LAW. 

4 Section 632 of the Departments of Commerce, Jus5 tice, and State, the Judiciary, and Related Agencies Ap6 propriations Act, 2001 (Public Law 106–553; 114 Stat. 

7 2762A–111), is repealed. 

8 SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS. 

9 The Federal Communications Commission shall mod10 ify its rules to eliminate third-adjacent minimum distance 

11 separation requirements between— 

12 (1) low-power FM stations; and 

13 (2) full-service FM stations, FM translator sta14 tions, and FM booster stations. 

15 SEC. 5. PROTECTION OF RADIO READING SERVICES. 

16 The Federal Communications Commission shall re17 tain its rules that provide third-adjacent channel protec18 tion for full-power non-commercial FM stations that 

19 broadcast radio reading services via a subcarrier frequency 

20 from potential low-power FM station interference. 

21 SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM 

22 STATIONS. 

23 The Federal Communications Commission when li24 censing FM translator stations shall ensure— 
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1 (1) that licenses are available to both FM 

2 translator stations and low-power FM stations; and 

3 (2) that such decisions are made based on the 

4 needs of the local community.

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