U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–271 

Calendar No. 591 

LOCAL COMMUNITY RADIO ACT OF 2007 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1675 

MARCH 4, 2008.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


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Calendar No. 591 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–271 

LOCAL COMMUNITY RADIO ACT OF 2007 

MARCH 4, 2008.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1675] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1675) to implement the recommendations of the Federal Communications Commission report 

to the Congress regarding low-power FM service, having considered 

the same, reports favorably thereon with an amendment and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 1675 is to implement the recommendations of 

the Federal Communications Commission with respect to the assignment of low-power FM (LPFM) radio licenses. The FCC recommended that Congress eliminate certain restrictions on the assignment of these licenses. In addition, the FCC recommended that 

Congress remove statutory requirements for additional testing on 

the possibility of interference and economic impact from LPFM stations to commercial broadcasters. 

BACKGROUND AND NEEDS

In 2000, the FCC authorized the creation of LPFM stations to 

allow noncommercial, educational, community-based groups, and 

public safety organizations to provide a community-based radio 

service. LPFM licenses are not available to individuals or entities 

that currently hold a broadcast license. As of November 2007, the 

FCC had granted 1304 construction permits for LPFM stations. Of 

those construction permits issued, 825 stations have been fully licensed and are on the air. LPFM stations generally reach audiences within a radius of 3.5 miles from the LPFM station’s transVerDate Aug 31 2005 06:25 Mar 05, 2008 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR271.XXX SR271

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mitting tower and are not protected from interference that may be 

received from a full-power FM station. 

The FCC’s rules require LPFM stations to provide interference 

protection to full-power FM stations. For example, a new LPFM 

station operating on the same frequency as an existing full-power 

FM station (for example, at 101.1 FM) is required to have its transmitter located far enough away from the existing station’s transmitter to prevent interference. In addition, an LPFM station on the 

‘‘first-adjacent channel’’ (101.3 FM) or a ‘‘second-adjacent channel’’ (101.5 FM) must also adhere to distance spacing requirements to 

prevent interference, though the distance requirements are not as 

far as for LPFM stations operating on the same frequency. 

When it first adopted its LPFM rules, the FCC determined that 

an LPFM station broadcasting on a ‘‘third-adjacent channel’’ to a 

full-power FM station (101.7 FM in the continuing example) would 

not cause significant interference to a full-power FM station. 

Therefore, the FCC allowed LPFM stations to operate on a thirdadjacent channel to a full-power FM station without imposing any 

minimum distance separation requirement. Before the FCC was 

able to fully implement this decision, Congress in late 2000 inserted a provision in the Fiscal Year (FY) 2001 Departments of 

Commerce, Justice, and State, the Judiciary, and Related Agencies 

Appropriations Act (Public Law 106–553) requiring the FCC to: (1) 

hire an independent engineering firm to further study possible interference between full-power FM stations and LPFM stations operating on a third-adjacent channel; (2) delay the removal of thirdadjacent channel separation requirements; and (3) report the 

study’s findings and any recommendations to Congress. 

Congress’s action, which largely affected metropolitan areas, led 

to the elimination of at least 50 percent of the pending LPFM applications. As a result, there is only one LPFM station licensed in 

the top 50 cities nationwide. After the appropriations bill passed, 

the FCC hired Mitre Corporation to perform a study of LPFM interference to full-power FM stations. The study took over two years 

to complete at an expense of over two million dollars. The study 

confirmed the FCC’s initial findings: LPFM on third-adjacent channels poses no significant risk of interference to other radio broadcast stations. The FCC issued its report to Congress in February 

2004 recommending that Congress: (1) eliminate the existing thirdadjacent minimum distance separation requirements between 

LPFM stations and full-power FM stations; and (2) eliminate the 

requirement from the 2000 legislation mandating further testing on 

the economic impact potential interference from LPFM stations 

would have on full-power FM stations. 

Low-power proponents cite the study as conclusive evidence that 

the third-adjacent channel protections are not necessary. Existing 

full-power FM licensees continue to oppose removal of the third-adjacent channel protection and have taken issue with the study. According to the National Association of Broadcasters, the study: (1) 

contained severe methodological errors that skewed its results; (2) 

failed to meet the Congressional directive to conduct independent 

audience listening tests to establish what is objectionable interference; and (3) failed to meet the Congressional directive to examine the economic impact third-adjacent LPFM stations would have 

on full-power FM broadcasters. In its Report to Congress, the Mitre 


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Corporation recommended not performing the subsequent testing, 

because of the dearth of evidence of any interference. The FCC has 

estimated that an additional study would cost more than $800,000 

to complete. 

LEGISLATIVE HISTORY

In the 108th Congress, Senator McCain introduced S. 2505, a bill 

to implement the FCC recommendations, which would expand the 

availability of LPFM radio licenses and eliminate the requirement 

for further testing on the possibility of interference from LPFM stations to commercial broadcasters on third-adjacent channels and on 

the possibility that LPFM stations may pose an economic impact 

on full-power FM stations. The bill (as amended) was reported favorably by the Committee by a vote of 12–10. In the 109th Congress, Senator McCain offered a similar amendment to H.R. 5252, 

which was adopted as an amendment to Title XI of the bill by a 

vote of 14–7. 

On June 21, 2007, Senator Cantwell introduced S. 1675, a bill to 

implement the FCC’s recommendations, which would expand the 

availability of LPFM radio licenses and eliminate the requirement 

for further testing on the possibility of interference from LPFM stations to commercial broadcasters on third-adjacent channels and on 

the possibility that LPFM stations may pose an economic impact 

on full-power FM stations. 

On October 30, 2007, the Committee held an executive session at 

which S. 1675 was considered. The Committee adopted an amendment proposed by Senator Lautenberg to provide third-adjacent 

channel protection for full-power FM stations that are licensed in 

certain states, and for other purposes. The Committee also adopted 

two amendments offered by Senator Snowe. The first directs the 

FCC to conduct a study on the economic impact that LPFM stations will have on full-power commercial FM stations. Such study, 

however, shall not prevent the FCC from expeditiously modifying 

its rules to eliminate third-adjacent minimum distance separation 

requirements, as required by the bill. The second maintains the 

prohibition on obtaining an LPFM license if an applicant has engaged in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934. The bill, as amended, 

was ordered reported by voice vote. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1675—Local Community Radio Act of 2007 

S. 1675 would change the criteria for licensing low-power radio 

stations by the Federal Communications Commission (FCC). Such 

stations are operated by noncommercial entities and broadcast very 

weak signals (100 watts or less) that reach a limited geographic 

area. The bill would repeal some of the engineering requirements 

that currently limit the number of low-power radio stations that 

can operate in certain areas. 


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CBO estimates that implementing the bill would have no significant effect on spending subject to appropriation and would not affect direct spending or revenues. Easing the restrictions on lowpower radio stations likely would increase the number of applications for such licenses. Based on information from the FCC, CBO 

estimates that the administrative costs of processing additional license applications would be negligible and that there would be no 

change in the FCC’s offsetting collections because noncommercial 

entities do not pay application or regulatory fees for such licenses. 

S. 1675 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. To the extent that public entities choose to apply for and develop new radio 

stations, they would voluntarily incur some costs. 

The CBO staff contact for this estimate is Susan Willie. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1675 would expand the availability of LPFM radio licenses 

and eliminate the requirement for further testing. The number of 

persons covered by this legislation should be consistent with current levels of individuals affected. 

ECONOMIC IMPACT

S. 1675 would expand the number of radio stations available for 

potential licensees and promote a new media outlet for consumers 

and advertisers. 

PRIVACY

S. 1675 is not expected to have an adverse effect on the personal 

privacy of any individuals that will be impacted by this legislation. 

PAPERWORK

S. 1675 would have minimal or no impact on current paperwork 

levels as the FCC is already issuing LPFM station licenses. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 would establish short title of the Act as ‘‘The Local 

Community Radio Act of 2007.’’

Section 2. Findings 

Section 2 would set forth a number of Congressional findings, including an increase in radio ownership consolidation, the importance and difficulty of establishing local radio stations, and the developments in policy on LPFM stations to date. 


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Section 3. Repeal of prior law 

Section 3 would repeal the language in the FY 2001 Departments 

of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act that required the FCC to delay the licensing of LPFM stations on third-adjacent channels to full-power FM 

stations. However, the FCC retains authority to prohibit any applicant from obtaining an LPFM license if the applicant has violated 

Section 301 of Communications Act of 1934. See Section 632 of the 

Departments of Commerce, Justice, and State, the Judiciary, and 

Related Agencies Appropriations Act, 2001 (Public Law 106–553; 

114 Stat. 16 2762A–111). 

Section 4. Minimum distance separation requirements 

Section 4 would require the FCC to modify its rules to eliminate 

third-adjacent minimum distance separation requirements between 

LPFM stations and full-service FM, FM translator, and FM booster 

stations. 

Section 5. Protection of radio reading services 

Section 5 would provide interference protection to ‘‘radio reading 

service’’ (RRS) stations that provide reading services over the radio 

frequencies to assist the blind. These stations broadcast using a 

sub-carrier frequency, which is more susceptible to LPFM interference due to its spacing on an FM channel. The FCC currently 

has a temporary rule preventing LPFM stations from operating on 

a third-adjacent channel to a RRS. This section would direct the 

FCC to make this rule permanent. 

Section 6. Ensuring availability of spectrum for LPFM stations 

Section 6 would require that the FCC ensure that licenses are 

available to both FM translator stations and LPFM stations. Further, the FCC must consider the needs of the local community in 

such licensing decisions. 

Section 7. Prohibitions on certain applicants 

Section 7 would direct the FCC to modify its rules to bar any applicant who has engaged in the unlicensed operation of any station 

in violation of section 301 of the Communications Act of 1934 from 

obtaining an LPFM license. 

Section 8. Federal Communications Commission rules 

Section 8 would direct the FCC to retain its third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States. 

Section 9. FCC study on impact of LPFM on full-power commercial 

FM stations 

Section 9 would direct the FCC to conduct an economic study on 

the impact that LPFM stations will have on full-power commercial 

FM stations. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 


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reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2001 

øSEC. 632. (a)(1) 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—

ø(A) prescribe minimum distance separations for third-adjacent channels (as well as for co-channels and first- and secondadjacent channels); and 

ø(B) 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). 

ø(2) The Federal Communications Commission may not—

ø(A) eliminate or reduce the minimum distance separations 

for third-adjacent channels required by paragraph (1)(A); or 

ø(B) extend the eligibility for application for low-power FM 

stations beyond the organizations and entities as proposed in 

MM Docket No. 99–25 (47 CFR 73.853), except as expressly authorized by an Act of Congress enacted after the date of the enactment of this Act. 

ø(3) Any license that was issued by the Commission to a lowpower FM station prior to the date on which the Commission modifies its rules as required by paragraph (1) and that does not comply 

with such modifications shall be invalid. 

ø(b)(1) The Federal Communications Commission shall conduct 

an experimental program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separations for third-adjacent channels required by subsection (a). The 

Commission shall conduct such test in no more than nine FM radio 

markets, including urban, suburban, and rural markets, by waiving 

the minimum distance separations for third-adjacent channels for 

the stations that are the subject of the experimental program. At 

least one of the stations shall be selected for the purpose of evaluating whether minimum distance separations for third-adjacent 

channels are needed for FM translator stations. The Commission 

may, consistent with the public interest, continue after the conclusion of the experimental program to waive the minimum distance 

separations for third-adjacent channels for the stations that are the 

subject of the experimental program. 

ø(2) The Commission shall select an independent testing entity 

to conduct field tests in the markets of the stations in the experimental program under paragraph (1). Such field tests shall include—

ø(A) an opportunity for the public to comment on interference; and 

ø(B) independent audience listening tests to determine what 

is objectionable and harmful interference to the average radio 

listener. 


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ø(3) The Commission shall publish the results of the experimental program and field tests and afford an opportunity for the 

public to comment on such results. The Federal Communications 

Commission shall submit a report on the experimental program 

and field tests to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than February 1, 2001. Such report shall include— ø(A) an analysis of the experimental program and field tests 

and of the public comment received by the Commission; 

ø(B) an evaluation of the impact of the modification or elimination of minimum distance separations for third-adjacent 

channels on— ø(i) listening audiences; 

ø(ii) incumbent FM radio broadcasters in general, and 

on minority and small market broadcasters in particular, 

including an analysis of the economic impact on such 

broadcasters; 

ø(iii) the transition to digital radio for terrestrial radio 

broadcasters; 

ø(iv) stations that provide a reading service for the blind 

to the public; and 

ø(v) FM radio translator stations; 

ø(C) the Commission’s recommendations to the Congress to 

reduce or eliminate the minimum distance separations for 

third-adjacent channels required by subsection (a); and 

ø(D) such other information and recommendations as the 

Commission considers appropriate.¿ 

Æ 


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