```

[House Report 111-375]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-375

======================================================================

 
                   LOCAL COMMUNITY RADIO ACT OF 2009

                                _______
                                

 December 14, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1147]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1147) to implement the recommendations of the 
Federal Communications Commission report to the Congress 
regarding low-power FM service, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Legislative History..............................................     5
Committee Consideration..........................................     6
Committee Votes..................................................     6
Statement of Committee Oversight Findings and Recommendations....     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Statement of General Performance Goals and Objectives............     6
Constitutional Authority Statement...............................     6
Earmarks and Tax and Tariff Benefits.............................     7
Federal Advisory Committee Statement.............................     7
Applicability of Law to Legislative Branch.......................     7
Federal Mandates Statement.......................................     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Cost Estimate........................     7
Section-by-Section Analysis of the Legislation...................     8
Explanation of Amendments........................................    10
Changes in Existing Law Made by the Bill, as Reported............    10

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) The passage of the Telecommunications Act of 1996 led to 
        increased consolidation of ownership in the radio industry.
          (2) At a hearing before the Committee on Commerce, Science, 
        and Transportation of the Senate 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) In part due to consolidation of media ownership, there 
        have been strong financial incentives for some companies to 
        reduce local programming and rely instead on syndicated 
        programming produced for hundreds of stations, though 
        noncommercial educational radio stations, including FM 
        translator stations, currently provide important local service, 
        as do many commercial radio stations. A renewal of commitment 
        to localism--local operations, local research, local 
        management, locally originated programming, local artists, and 
        local news and events--would bolster radio's service to the 
        public.
          (4) Local communities have sought to launch radio stations to 
        meet their local needs. However, due in part 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 Federal Communications 
        Commission sought to ``create opportunities for new voices on 
        the airwaves 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 Federal Communications 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 Federal Communications Commission based its LPFM rules on 
        the actual performance of these translators, which already 
        operate without undue interference to FM stations.
          (10) Small rural broadcasters were particularly concerned 
        about a lengthy and costly LPFM interference complaint process. 
        Therefore, in September 2000, the Federal Communications 
        Commission created a process to address interference complaints 
        regarding LPFM stations on an expedited basis.
          (11) In December 2000, Congress delayed the full 
        implementation of LPFM until the Federal Communications 
        Commission commissioned and reviewed an independent engineering 
        study. This action was due to some broadcasters' concerns that 
        LPFM service would cause interference in the FM radio band.
          (12) The Federal Communications Commission granted licenses 
        to over 800 LPFM stations 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 populations, artists, schools, 
        religious organizations, environmental groups, organizations 
        promoting literacy, and many other civically oriented 
        organizations.
          (13) After 2 years and the expenditure of $2,193,343 in 
        taxpayer dollars, the independent engineering study 
        commissioned by the Federal Communications Commission concluded 
        that concerns about interference on third-adjacent channels 
        were unwarranted.
          (14) The Federal Communications Commission issued a report to 
        Congress on February 19, 2004, which stated that ``Congress 
        should readdress this issue and modify the statute to eliminate 
        the third-adjacent channel distance separation requirement for 
        LPFM stations.''.
          (15) On November 27, 2007, the Federal Communications 
        Commission again unanimously affirmed LPFM, stating in a news 
        release about the adoption of the Low-Power FM Third Report and 
        Order and Second Notice of Proposed Rulemaking that the Federal 
        Communications Commission recommends ``to Congress that it 
        remove the requirement that LPFM stations protect full-power 
        stations operating on third-adjacent channels''. Until the date 
        of enactment of this Act, Congress had not acted upon that 
        recommendation.
          (16) Minorities represent almost a third of the population of 
        the United States. However, according to the Federal 
        Communications 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 offer local communities a greater 
        diversity of viewpoints and culture.
          (17) 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 on the air during Hurricane 
        Katrina, several were LPFM stations. In Bay St. Louis, 
        Mississippi, low-power FM station WQRZ remained on the air 
        during Hurricane Katrina and served as the Emergency Operations 
        Center for Hancock County. After Hurricane Katrina, when 
        thousands of evacuees temporarily housed at the Houston 
        Astrodome were unable to hear over the loudspeakers information 
        about the availability of food and ice, the location of Federal 
        Emergency Management Agency representatives, and the 
        whereabouts of missing loved ones, volunteers handed out 
        thousands of transistor radios and established an LPFM station 
        outside of the Astrodome to broadcast such information.

SEC. 3. 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:
  ``Sec. 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 Commission to a low-power FM 
station prior to the date on which the Commission modifies its rules as 
required by subsection (a) and that does not comply with such 
modifications shall be invalid.''.

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 provide third-adjacent 
channel protection for full-power noncommercial FM stations and 
noncommercial FM translator and booster stations that broadcast radio 
reading services via an analog subcarrier frequency from potential low-
power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.

  The Federal Communications Commission, when licensing FM translator 
and low-power FM 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. 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)''.

SEC. 8. 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) For a period of one year after a new low-power FM station 
        is constructed on a third-adjacent channel, the 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 the new 
        low-power FM station on a third-adjacent channel and shall 
        instruct affected listeners to contact the 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 
                interference complaints; and
                  (B) cooperate in addressing any such interference.
          (2) 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.
          (3) 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.
          (4) 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 or FM translator station by the 
                transmitter site of a low-power FM station on a third-
                adjacent channel at any distance from the full-service 
                or FM translator station; and
                  (C) accept complaints of interference to mobile 
                reception.

                          Purpose and Summary

    H.R. 1147, the ``Local Community Radio Act of 2009'', was 
introduced on February 24, 2009, by Reps. Mike Doyle (D-PA) and 
Lee Terry (R-NE). H.R. 1147 would expand the ability of the 
Federal Communications Commission (FCC) to license low-power FM 
(LPFM) radio stations while protecting full-power FM stations 
from any potential or actual interference.

                  Background and Need for Legislation

    In 2000, the FCC authorized the creation of a new class of 
radio services, known as LPFM, to be operated by community-
based nonprofit groups, educational and religious 
organizations, and public safety and transportation 
agencies.\1\ LPFM radio services are limited to noncommercial 
educational programming and must operate at less than 100 
watts, with a preference given to licenses for stations that 
are locally owned and offer locally-originated programming. 
LPFM stations must also afford interference protection to full-
power FM stations and to FM translator and booster stations.
---------------------------------------------------------------------------
    \1\Federal Communications Commission, Creation of Low Power Radio 
Service (MM Docket No. 99-25 Report and Order), 15 FCC Rcd 2205 (2000).
---------------------------------------------------------------------------
    When the FCC first adopted its LPFM rules, it determined 
that an LPFM station broadcasting on a ``third-adjacent 
channel'' to a full-power FM station would not cause 
significant interference to the full-power station. For 
example, if a full-power FM station was operating at 101.1 FM, 
the initial FCC rules would have allowed an LPFM station to 
broadcast from either 101.7 FM or 100.5 FM (the third channels 
up and down the radio dial from 101.1 FM), subject to a set of 
complaint and license modification procedures to address any 
unexpected interference problems.\2\ Contrary to its approach 
regarding co-, first-, or second-adjacent channels, the 
Commission declined to impose minimum distance separation 
requirements for LPFM stations operating on third-adjacent 
channels to protect full-power FM stations, deeming such 
requirements unnecessarily restrictive.
---------------------------------------------------------------------------
    \2\Federal Communications Commission, Creation of a Low Power Radio 
Service, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 
19208 (2000).
---------------------------------------------------------------------------
    Before the FCC was able to implement fully its decision, 
however, Congress inserted a provision in the Fiscal Year 2001 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act (``the Act'') requiring the 
FCC to: (1) prescribe minimum distance separation requirements 
for third-adjacent channels; (2) hire an independent 
engineering firm to further study possible interference between 
full-power FM stations and LPFM stations operating on a third-
adjacent channel; and (3) report the findings and any 
recommendations to Congress.\3\ As a result of the spacing 
requirements imposed by the Act, the FCC dismissed over 600 
pending LPFM applications, mostly from larger metropolitan 
areas.
---------------------------------------------------------------------------
    \3\Pub. L. No. 106-553, Sec.  1A632, 114 Stat. 2762A-111 (2000).
---------------------------------------------------------------------------
    In 2001, the Commission selected the Mitre Corporation as 
the independent third party to perform a study of LPFM 
interference to full-power FM stations. After two years and 
over $2 million in field tests and experimental programs, Mitre 
Corporation concluded in a report titled Experimental 
Measurements of the Third-Adjacent Channel Impacts of Low-Power 
FM Stations, Volume One: Final Report, (Mitre study) that there 
is a ``lack of measurable interference produced by third-
adjacent channel LPFM stations.''\4\
---------------------------------------------------------------------------
    \4\Federal Communications Commission, Comment Sought on the Mitre 
Corporation's Technical Report, Experimental measurements of the Third-
Adjacent Channel Impacts of Low-Power FM Stations (Public Notice), 18 
FCC Rcd. 14445 (2003).
---------------------------------------------------------------------------
    In February 2004, the FCC submitted its report to Congress, 
recommending that, based on the Mitre study, Congress ``modify 
the statute to eliminate the third-adjacent channel distan[ce] 
separation requirements for LPFM stations.''\5\ Subsequently, 
legislation was introduced in the House and the Senate during 
the 108th, 109th, and 110th Congresses to implement the FCC's 
recommendations to expand the availability of LPFM radio 
licenses.
---------------------------------------------------------------------------
    \5\Federal Communications Commission, Report to Congress on the Low 
Power FM Interference Testing Program (Pub. L. No. 106-553) (Feb. 19, 
2004). See also Federal Communications Commission, Press Release: FCC 
Adopts Rules to Promote the Growth of the Low Power FM Radio Service 
(Nov. 27, 2007) (unanimously reaffirming its recommendation to Congress 
``that it removes the requirement that LPFM stations protect full-power 
stations on operating on the third-adjacent channels'').
---------------------------------------------------------------------------

                          Legislative History

    On February 24, 2009, Representatives Doyle and Terry 
introduced H.R. 1147, the Local Community Radio Act of 2009. 
The Subcommittee held a legislative hearing on H.R. 1147 on 
June 11, 2009. The Subcommittee heard from witnesses 
representing the National Association of Broadcasters, the 
Federal Communications Commission, Consumer Union, and the 
United Church of Christ, Office of Communications.

                        Committee Consideration

    On October 8, 2009, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider and subsequently forward H.R. 1147, amended, to the 
full Committee by a voice vote.
    The full Committee met in open markup session on October 
15, 2009, to consider H.R. 1147, and subsequently ordered 
reported H.R. 1147, as amended by the Subcommittee, by a voice 
vote. There were no amendments offered at full Committee.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto. A motion by Mr. Waxman to order H.R. 1147 favorably 
reported to the House, as amended, was agreed to by a voice 
vote. There were no recorded votes taken during consideration 
and passage of H.R. 1147.

     Statement of Committee Oversight Findings and Recommendations

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the oversight findings and recommendations of 
the Committee are reflected in the descriptive portions of this 
report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of budget authority and revenues regarding H.R. 1147 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974. The Committee finds that H.R. 1147 would result in no new 
or increased entitlement authority, or tax expenditures or 
revenues.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the performance goals and 
objectives of the Committee are reflected in the descriptive 
portions of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1147. Article I, section 8, clauses 3 and 18 
of the Constitution of the United States grants the Congress 
the power to enact this law.

             Earmarks and Tax and Tariff Benefits Statement

    H.R. 1147 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., section 5(b).

             Applicability of Law to the Legislative Branch

    The Committee finds that H.R. 1147 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of Section 102(b)(3) of 
Public Law 104-1.

                       Federal Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee adopts as its 
own the estimates of federal mandates prepared by the Director 
of the Congressional Budget Office.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
cost estimate on H.R. 1147 prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives and section 402 of the Congressional 
Budget Act of 1974, the Committee has received the following 
cost estimate for H.R. 1147 from the Director of the 
Congressional Budget Office:

                                                  October 28, 2009.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1147, the Local 
Community Radio Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1147--Local Community Radio Act of 2009

    H.R. 1147 would amend rules that limit the number of low-
power radio stations that may be licensed by the Federal 
Communications Commission (FCC). Low-power 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 engineering requirements that 
currently limit the number of low-power radio stations that can 
operate in certain areas and would direct the FCC to ensure the 
availability of radio spectrum for both low-power FM stations 
and stations that translate FM signals initially transmitted by 
other stations (known as FM translators).
    CBO estimates that implementing the bill would have no 
significant effect on the federal budget. Easing restrictions 
on low-power radio stations would probably 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 fees for 
such licenses. Provisions affecting the allocation of spectrum 
between low-power FM stations and FM translators could affect 
offsetting receipts from future spectrum auctions, but CBO 
estimates that those changes are unlikely to affect proceeds 
from the auctions that will be held before the FCC's authority 
to auction the spectrum expires at the end of 2013.
    H.R. 1147 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). To the extent that 
public entities choose to apply for and develop new radio 
stations, they would voluntarily incur some costs.
    The bill could, however, impose a private-sector mandate, 
as defined in UMRA. According to the FCC, 15 low-power FM radio 
stations are currently licensed to broadcast on frequencies 
within two channels of another channel. If any of those 
existing licenses were to be invalidated, the bill would impose 
a private-sector mandate. Because the number of licenses that 
may be affected is small, and the stations are noncommercial, 
CBO estimates that the cost of the mandate, if imposed, would 
fall well below the annual threshold established in UMRA for 
private-sector mandates ($139 million in 2009, adjusted 
annually for inflation).
    The CBO staff contact for this estimate is Susan Willie. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    This Act is entitled the ``Local Community Radio Act of 
2009''.

Section 2. Findings

    Sets forth the bill's findings regarding LPFM radio 
services.

Section 3. Amendment

    Amends section 632 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations 
Act of 2001 to remove the minimum distance separation 
requirement for the operation of LPFM stations on third-
adjacent channels while preserving the language prohibiting 
operators of unlicensed radio stations from obtaining an LPFM 
license. The bill also retains the invalidation of any LPFM 
license that was issued prior to, and inconsistent with, the 
modifications required by the Appropriations Act at the time of 
its original passage in 2001. The bill directs the FCC to 
prescribe protection for co-channels and first- and second-
adjacent channels. In doing so the Committee intends the FCC to 
consider either the minimum distance separation methodology or 
contour-based methodology, whichever is appropriate.

Section 4. Minimum distance separation requirements

    Directs the FCC to modify its rules to eliminate third-
adjacent minimum distance separation requirements between LPFM 
stations and full-power FM stations and FM translator and 
booster stations.

Section 5. Protection of radio reading services

    Directs the FCC to retain its rules adopted in 2000 that 
provide third-adjacent channel protection for full-power 
noncommercial FM stations that broadcast radio reading services 
via a subcarrier frequency from potential interference by LPFM 
stations.

Section 6. Ensuring availability of spectrum for LPFM stations

    Directs the FCC to ensure, when licensing FM translator and 
LPFM stations, that there is enough spectrum for both FM 
translator and LPFM stations, taking into consideration the 
needs of the local community.

Section 7. Protection of translator input signals

    Requires the FCC to modify its rules concerning the 
protection of input signals of FM translator stations by 
implementing a formula described in the technical report 
entitled Experimental Measurements of the Third-Adjacent 
Channel Impacts of Low-Power FM Stations, Volume One: Final 
Report, authored by the Mitre Corporation and published in May 
2003. The formula prescribes the minimum LPFM-to-translator 
separation needed to address the potential for predicted 
interference to a translator's input signal.

Section 8. Ensuring effective remediation of interference

    Requires the FCC to modify the interference complaint 
process for LPFM stations constructed on a third adjacent-
channel. For a period of one year after an LPFM station is 
constructed on a third adjacent-channel, the LPFM station is 
required to broadcast periodic announcements that alert 
listeners of potential interference and instructing them to 
report any such interference. The LPFM station is required to 
notify the FCC and all affected stations on third-adjacent 
channels of interference complaints and cooperate in addressing 
any such interference, including with respect to complaints 
based on interference to a full-service FM station, an FM 
translator station, or an FM booster station. To the extent 
possible, the FCC must grant LPFM stations located on third-
adjacent channels the technical flexibility to remediate 
interference through the collocation of the transmission 
facilities of the LPFM station and any stations on third-
adjacent channels. The FCC must also permit the submission of 
informal evidence of interference, accept complaints based on 
interference to a full-service or FM translator station by an 
LPFM station at any distance from the full-service or FM 
translator station, and accept complaints of interference to 
reception on mobile devices.

                       Explanation of Amendments

    During Subcommittee consideration of H.R. 1147, an 
amendment in the nature of a substitute was offered as a 
manager's amendment by Rep. Doyle, based on discussions with 
technical experts and stakeholders. The amendment made several 
changes to the bill.
    Instead of repealing section 632 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act of 2001 in its entirety, the 
substitute amended section 632 to remove the minimum distance 
separation requirement for third-adjacent channels while 
preserving the language prohibiting operators of unlicensed 
radio stations from obtaining an LPFM license. The substitute 
also retained the invalidation of any LPFM license that was 
issued prior to, and inconsistent with, the modifications 
required by the Appropriations Act. The substitute also 
clarified that the protection of radio reading services is 
limited to those carried by an analog subcarrier frequency.
    Additionally, the substitute created a new section 7, 
requiring the FCC to modify its rules to avoid potential 
interference of a translator's input signal. Finally, the 
substitute added a new section 8 requiring the FCC to modify 
the interference complaint process for LPFM stations 
constructed on a third adjacent-channel.
    No amendment was offered during the full Committee 
consideration of H.R. 1147.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

  SECTION 632 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001

  [Sec. 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--
          [(A) prescribe minimum distance separations for 
        third-adjacent channels (as well as for co-channels and 
        first- and second-adjacent channels); and
          [(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).
  [(2) The Federal Communications Commission may not--
          [(A) eliminate or reduce the minimum distance 
        separations for third-adjacent channels required by 
        paragraph (1)(A); or
          [(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.
  [(3) Any license that was issued by the Commission to a low-
power 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.
  [(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.
  [(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--
          [(A) an opportunity for the public to comment on 
        interference; and
          [(B) independent audience listening tests to 
        determine what is objectionable and harmful 
        interference to the average radio listener.
  [(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--
          [(A) an analysis of the experimental program and 
        field tests and of the public comment received by the 
        Commission;
          [(B) an evaluation of the impact of the modification 
        or elimination of minimum distance separations for 
        third-adjacent channels on--
                  [(i) listening audiences;
                  [(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;
                  [(iii) the transition to digital radio for 
                terrestrial radio broadcasters;
                  [(iv) stations that provide a reading service 
                for the blind to the public; and
                  [(v) FM radio translator stations;
          [(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
          [(D) such other information and recommendations as 
        the Commission considers appropriate.]
  Sec. 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 Commission to a low-
power FM station prior to the date on which the Commission 
modifies its rules as required by subsection (a) and that does 
not comply with such modifications shall be invalid.

                                  
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