U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–160 

Calendar No. 310 

LOCAL COMMUNITY RADIO ACT OF 2009 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 592 

MARCH 9, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

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 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Acting Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 310 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–160 

LOCAL COMMUNITY RADIO ACT OF 2009 

MARCH 9, 2010.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 592] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 592) to implement the recommendations of the Federal Communications Commission (FCC) report to 

the Congress regarding low-power FM service, having considered 

the same, reports favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 592 is to implement the recommendations of 

the FCC 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 January 2010, the 

FCC had granted 1,320 construction permits for LPFM stations. Of 

those construction permits issued, 864 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 Nov 24 2008 13:41 Mar 11, 2010 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR160.XXX SR160

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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. However, 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 third-adjacent 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 $2 million. 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 third-adjacent 

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 raised questions about the 

methodology and results of the study. For example, 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 ecoVerDate Nov 24 2008 13:41 Mar 11, 2010 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR160.XXX SR160

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nomic impact third-adjacent LPFM stations would have on fullpower FM broadcasters. 

In its report to Congress, the Mitre 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 over $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 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. 

In the 110th Congress, Senator Cantwell introduced S. 1675, a 

bill substantially similar to S. 2505, as introduced, from the 108th 

Congress. The Committee reported the bill, as amended, favorably 

by voice vote. 

On March 12, 2009, Senator Cantwell introduced S. 592, 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 thirdadjacent channels and on the possibility that LPFM stations may 

pose an economic impact on full-power FM stations. The bill is cosponsored by Senators McCain, Durbin, Feingold, Leahy, Merkley, 

Sanders and Schumer. 

On November 19, 2009, the Committee held an executive session 

at which S. 592 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 would direct 

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 amendment 

would maintain 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 approved 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: 


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DECEMBER 9, 2009. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 592, 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 Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 592—Local Community Radio Act of 2009 

S. 592 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 direct the 

FCC to eliminate some engineering requirements on low-power 

radio stations and 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). 

Finally, S. 592 would require the FCC to report to the Congress on 

the economic impact of low-power FM stations on full-power commercial FM stations. 

Based on information from the FCC, CBO estimates that implementing S. 592 would cost about $1 million over the 2010–2014 period, subject to the availability of appropriated funds. We expect 

the number of applications for low-power licenses to increase as a 

result of the bill, which along with the new reporting requirement 

would increase the FCC’s administrative costs. There would be no 

change in the FCC’s offsetting collections, however, 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. 

S. 592 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (URA). To the 

extent that public entities choose to apply for and develop new 

radio stations, they would voluntarily incur some costs. 

On October 28, 2009, CBO transmitted a cost estimate for H.R. 

1147, the Local Community Radio Act of 2009, as ordered reported 

by the House Committee on Energy and Commerce on October 15, 

2009. Both bills affect low-power radio stations, but S. 592 would 

require the FCC to prepare additional reports for the Congress. 

The CBO cost estimates reflect that difference. CBO has determined that neither bill contains an intergovernmental mandate; we 

determined that H.R. 1147 could impose a private-sector mandate 

that would fall well below the annual threshold established in 


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UMRA for private-sector mandates ($139 million in 2009, adjusted 

annually for inflation). 

The CBO staff contacts for this estimate are Susan Willie and 

Matthew Pickford. 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. 592 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. 592 would expand the number of radio stations available for 

potential licensees and promote a new media outlet for consumers 

and advertisers. 

PRIVACY

S. 592 is not expected to have an adverse effect on the personal 

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

PAPERWORK

S. 592 has minimal or no impact on current paperwork levels as 

the FCC is already issuing LPFM station licenses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

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

Community Radio Act of 2009. 

Section 2. Findings 

Section 2 would set forth a number of Congressional findings 

concerning, among other things, the increase in radio ownership 

consolidation during the past decade, the importance and difficulty 

of establishing local radio stations, and the developments and implications of Federal policies on LPFM stations to date. 

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 requires the FCC to delay the licensing of LPFM stations on third-adjacent channels to full-power FM 


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stations. However, the FCC would retain 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 retain its rules which 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 

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): 


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DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2001 

[PUBLIC LAW 106–553, APPENDIX B; 114 STAT. 2762A–111]

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. 

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 


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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.¿ 

SEC. 632. 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 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). 

Æ 


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