II

106TH CONGRESS

2D SESSION S. 3020

To require the Federal Communications Commission to revise its regulations

authorizing the operation of new, low-power FM radio stations.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 7, 2000

Mr. GRAMS (for himself, Mr. BAUCUS, Mr. INHOFE, Mr. GREGG, and Mrs.

HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To require the Federal Communications Commission to revise

its regulations authorizing the operation of new, lowpower FM radio stations.

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 ‘‘Radio Broadcasting

5 Preservation Act of 2000’’.

6 SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS

7 REQUIRED.

8 (a) THIRD-ADJACENT CHANNEL PROTECTIONS RE9 QUIRED.—
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1 (1) MODIFICATIONS REQUIRED.—The Federal

2 Communications Commission shall modify the rules

3 authorizing the operation of low-power FM radio

4 stations, as proposed in MM Docket No. 99–25,

5 to—

6 (A) prescribe minimum distance separa7 tions for third-adjacent channels (as well as for

8 co-channels and first- and second-adjacent

9 channels); and

10 (B) prohibit any applicant from obtaining

11 a low-power FM license if the applicant has en12 gaged in any manner in the unlicensed oper13 ation of any station in violation of section 301

14 of the Communications Act of 1934 (47 U.S.C.

15 301).

16 (2) CONGRESSIONAL AUTHORITY REQUIRED

17 FOR FURTHER CHANGES.—The Federal Communica18 tions Commission may not—

19 (A) eliminate or reduce the minimum dis20 tance separations for third-adjacent channels

21 required by paragraph (1)(A); or

22 (B) extend the eligibility for application for

23 low-power FM stations beyond the organiza24 tions and entities as proposed in MM Docket

25 No. 99–25 (47 CFR 73.853),
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1 except as expressly authorized by Act of Congress

2 enacted after the date of the enactment of this Act.

3 (3) VALIDITY OF PRIOR ACTIONS.—Any license

4 that was issued by the Commission to a low-power

5 FM station prior to the date on which the Commis6 sion modify its rules as required by paragraph (1)

7 and that does not comply with such modifications

8 shall be invalid.

9 (b) FURTHER EVALUATION OF NEED FOR THIRD10 ADJACENT CHANNEL PROTECTIONS.—

11 (1) PILOT PROGRAM REQUIRED.—The Federal

12 Communications Commission shall conduct an exper13 imental program to test whether low-power FM

14 radio stations will result in harmful interference to

15 existing FM radio stations if such stations are not

16 subject to the minimum distance separations for

17 third-adjacent channels required by subsection (a).

18 The Commission shall conduct such test in no more

19 than nine FM radio markets, including urban, sub20 urban, and rural markets, by waiving the minimum

21 distance separations for third-adjacent channels for

22 the stations that are the subject of the experimental

23 program. At least one of the stations shall be se24 lected for the purpose of evaluating whether min25 imum distance separations for third-adjacent chan-
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1 nels are needed for FM translator stations. The

2 Commission may, consistent with the public interest,

3 continue after the conclusion of the experimental

4 program to waive the minimum distance separations

5 for third-adjacent channels for the stations that are

6 the subject of the experimental program.

7 (2) CONDUCT OF TESTING.—The Commission

8 shall select an independent testing entity to conduct

9 field tests in the markets of the stations in the ex10 perimental program under paragraph (1). Such field

11 tests shall include—

12 (A) an opportunity for the public to com13 ment on interference; and

14 (B) independent audience listening tests to

15 determine what is objectionable and harmful in16 terference to the average radio listener.

17 (3) REPORT TO CONGRESS.—The Commission

18 shall publish the results of the experimental program

19 and field tests and afford an opportunity for the

20 public to comment on such results. The Federal

21 Communications Commission shall submit a report

22 on the experimental program and field tests to the

23 Committee on Commerce of the House of Represent24 atives and the Committee on Commerce, Science,
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1 and Transportation of the Senate not later than

2 February 1, 2001. Such report shall include—

3 (A) an analysis of the experimental pro4 gram and field tests and of the public comment

5 received by the Commission;

6 (B) an evaluation of the impact of the

7 modification or elimination of minimum dis8 tance separations for third-adjacent channels

9 on—

10 (i) listening audiences;

11 (ii) incumbent FM radio broadcasters

12 in general, and on minority and small mar13 ket broadcasters in particular, including an

14 analysis of the economic impact on such

15 broadcasters;

16 (iii) the transition to digital radio for

17 terrestrial radio broadcasters;

18 (iv) stations that provide a reading

19 service for the blind to the public; and

20 (v) FM radio translator stations;

21 (C) the Commission’s recommendations to

22 the Congress to reduce or eliminate the min23 imum distance separations for third-adjacent

24 channels required by subsection (a); and
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1 (D) such other information and rec2 ommendations as the Commission considers ap3 propriate.

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