H. R. 6533 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To implement the recommendations of the Federal Communications Commission 

report to the Congress regarding low-power FM service, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Local Community Radio Act 

of 2010’’. 

SEC. 2. 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 Federal Communications 

Commission to a low-power FM station prior to April 2, 2001, 

and that does not comply with the modifications adopted by the 

Commission in MM Docket No. 99–25 on April 2, 2001, shall remain 

invalid.’’. 

SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS. 

(a) IN GENERAL.—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. 

(b) RESTRICTION.— 

(1) IN GENERAL.—The Federal Communications Commission shall not amend its rules to reduce the minimum cochannel and first- and second-adjacent channel distance separation requirements in effect on the date of enactment of this 

Act between— 

(A) low-power FM stations; and 

(B) full-service FM stations. 
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(2) WAIVER.— (A) IN GENERAL.—Notwithstanding paragraph (1), the 

Federal Communications Commission may grant a waiver 

of the second-adjacent channel distance separation requirement to low-power FM stations that establish, using 

methods of predicting interference taking into account all 

relevant factors, including terrain-sensitive propagation 

models, that their proposed operations will not result in 

interference to any authorized radio service. 

(B) REQUIREMENTS.— (i) SUSPENSION.—Any low-power FM station that 

receives a waiver under subparagraph (A) shall be 

required to suspend operation immediately upon 

notification by the Federal Communications Commission that it is causing interference to the reception 

of an existing or modified full-service FM station without regard to the location of the station receiving interference. 

(ii) ELIMINATION OF INTERFERENCE.—A low-power 

FM station described in clause (i) shall not resume 

operation until such interference has been eliminated 

or it can demonstrate to the Federal Communications 

Commission that the interference was not due to emissions from the low-power FM station, except that such 

station may make short test transmissions during the 

period of suspended operation to check the efficacy 

of remedial measures. 

(iii) NOTIFICATION.—Upon receipt of a complaint 

of interference from a low-power FM station operating 

pursuant to a waiver authorized under subparagraph 

(A), the Federal Communications Commission shall 

notify the identified low-power FM station by telephone 

or other electronic communication within 1 business 

day. 

SEC. 4. PROTECTION OF RADIO READING SERVICES. 

The Federal Communications Commission shall comply with 

its existing minimum distance separation requirements for fullservice FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier 

frequency to avoid potential interference by low-power FM stations. 

SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM 

STATIONS. 

The Federal Communications Commission, when licensing new 

FM translator stations, FM booster stations, and low-power FM 

stations, shall ensure that— 

(1) licenses are available to FM translator stations, FM 

booster stations, and low-power FM stations; 

(2) such decisions are made based on the needs of the 

local community; and 

(3) FM translator stations, FM booster stations, and lowpower FM stations remain equal in status and secondary to 

existing and modified full-service FM stations. 

SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS. 

The Federal Communications Commission shall modify its rules 

to address the potential for predicted interference to FM translator 
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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. 7. 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) With respect to those low-power FM stations licensed 

at locations that do not satisfy third-adjacent channel spacing 

requirements under section 73.807 of the Commission’s rules 

(47 CFR 73.807), the Federal Communications Commission 

shall provide the same interference protections that FM translator stations and FM booster stations are required to provide 

as set forth in section 74.1203 of its rules (47 CFR 74.1203) 

as in effect on the date of enactment of this Act. 

(2) For a period of 1 year after a new low-power FM 

station is constructed on a third-adjacent channel, such lowpower 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 

such low-power FM station on a third-adjacent channel and 

shall instruct affected listeners to contact such 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 an 

interference complaint by electronic communication within 

48 hours after the receipt of such complaint; and 

(B) cooperate in addressing any such interference. 

(3) 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. The Federal Communications Commission shall provide notice to the licensee of a low-power FM 

station of the existence of such interference within 7 calendar 

days of the receipt of a complaint from a listener or another 

station. 

(4) 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 lowpower FM station and any stations on third-adjacent channels. 

(5) 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 fullservice FM station, FM translator station, or FM booster 
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station by the transmitter site of a low-power FM station 

on a third-adjacent channel at any distance from the fullservice FM station, FM translator station, or FM booster 

station; and 

(C) accept complaints of interference to mobile reception. 

(6) The Federal Communications Commission shall for fullservice FM stations that are licensed in significantly populated 

States with more than 3,000,000 population and a population 

density greater than 1,000 people per one square mile land 

area, require all low-power FM stations licensed after the date 

of enactment of this Act and located on third-adjacent, secondadjacent, first-adjacent, or co-channels to such full-service FM 

stations, to provide the same interference remediation requirements to complaints of interference, without regard to whether 

such complaints of interference occur within or outside of the 

protected contour of such stations, under the same interference 

complaint and remediation procedures that FM translator stations and FM booster stations are required to provide to fullservice stations as set forth in section 74.1203 of its rules 

(47 CFR 74.1203) as in effect on the date of enactment of 

this Act. Notwithstanding the provisions of section 74.1203, 

no interference that arises outside the relevant distance for 

the full-service station class specified in the first column titled 

‘‘required’’ for ‘‘Co-channel minimum separation (km)’’ in the 

table listed in section 73.807(a)(1) of the Commission’s rules 

(47 CFR 73.807(a)(1)) shall require remediation. 

SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULLSERVICE COMMERCIAL FM STATIONS. 

(a) IN GENERAL.—The Federal Communications Commission 

shall conduct an economic study on the impact that low-power 

FM stations will have on full-service commercial FM stations. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Federal Communications Commission shall submit 

a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce 

of the House of Representatives on the study conducted under 

subsection (a). 
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(c) LICENSING NOT AFFECTED BY STUDY.—Nothing in this section shall affect the licensing of new low-power FM stations as 

otherwise permitted under this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.