II

106TH CONGRESS

2D SESSION S. 2989

To provide for the technical integrity of the FM radio band, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2000

Mr. MCCAIN (for himself and Mr. KERREY) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To provide for the technical integrity of the FM radio band,

and for other purposes.

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 ‘‘Low Power Radio Act

5 of 2000’’.

6 SEC. 2. PURPOSE.

7 It is the purpose of this Act to ensure the technical

8 integrity of the FM radio band, while permitting the intro9 duction of low power FM transmitters into such band

10 without causing harmful interference.
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1 SEC. 3. HARMFUL INTERFERENCE PROHIBITED.

2 (a) IN GENERAL.—Any low-power FM radio licensee

3 determined by the Federal Communications Commission

4 to be transmitting a signal causing harmful interference

5 to one or more licensed radio services shall, if so ordered

6 by the Commission, cease the transmission of the inter7 fering signal, and may not recommence transmitting such

8 signal unit it has taken whatever action the Commission

9 may prescribe in order to assure that the radio licensee

10 that has sustained the interference remains able to serve

11 the public interest, convenience and necessity as required

12 by the Commission’s rules.

13 (b) COMPLAINT.—Any radio service licensee may file

14 a complaint with the Commission against any low-power

15 FM radio licensee for transmitting a signal that is alleged

16 to cause harmful interference.

17 (c) EXPEDITED CONSIDERATION.—In any complaint

18 filed pursuant to the provisions of subsection (b), the

19 Commission shall render a final decision no later than 150

20 calendar days after the date on which the complaint was

21 filed.

22 (d) REIMBURSEMENT OF COSTS.—In any final deci23 sion rendered pursuant to this section, the Commission is

24 authorized to order the losing party to reimburse the rea25 sonable direct costs incurred in the complaint proceeding

26 by the winning party.
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1 (e) PUNITIVE DAMAGES.—In any final decision ren2 dered pursuant to this section, the Commission is author3 ized to impose punitive damages not to exceed 5 times the

4 low-power FM station’s costs if the Commission finds that

5 the complaint was frivolous and without any merit or pur6 pose other than to impede the provision of non-interfering

7 low-power FM service.

8 (f) SECTION 316(a)(3) OF COMMUNICATIONS ACT.—

9 Section 316(a)(3) of the Communications Act of 1934 (47

10 U.S.C. 316(a)(3)) shall not apply to a complaint filed pur11 suant to this section.

12 (g) RULES.—The Commission shall adopt rules im13 plementing the provisions of this section within 120 days

14 after the date of enactment of this Act.

15 (h) HARMFUL INTERFERENCE DEFINED.—For pur16 poses of this section, the term ‘‘harmful interference’’

17 means interference which endangers the functioning of a

18 radio navigation service or of other safety services or that

19 seriously degrades, obstructs, or repeatedly interrupts a

20 radio service operating in accordance with the rules and

21 regulations of the Federal Communications Commission.
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1 SEC. 4. DIGITAL RADIO TRANSITION.

2 The Federal Communications Commission shall com3 plete all rulemakings necessary to implement the transi4 tion to digital radio no later than June 1, 2001.

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