S. 3405 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

To require the Federal Communications Commission to issue a rule providing that 

certain low power television stations may be accorded primary status as Class 

A television licensees, 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 ‘‘Low Power Protection Act’’. 

SEC. 2. LOW POWER TV STATIONS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘Commission’’ means the Federal Communications Commission; 

(2) the term ‘‘Designated Market Area’’ means— 

(A) a Designated Market Area determined by Nielsen 

Media Research or any successor entity; or 

(B) a Designated Market Area under a system of 

dividing television broadcast station licensees into local 

markets using a system that the Commission determines 

is equivalent to the system established by Nielsen Media 

Research; and 

(3) the term ‘‘low power TV station’’ has the meaning 

given the term ‘‘digital low power TV station’’ in section 74.701 

of title 47, Code of Federal Regulations, or any successor regulation. 

(b) PURPOSE.—The purpose of this section is to provide low 

power TV stations with a limited window of opportunity to apply 

for the opportunity to be accorded primary status as Class A television licensees. 

(c) RULEMAKING.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Commission shall issue a notice 

of proposed rulemaking to issue a rule that contains the requirements described in this subsection. 

(2) REQUIREMENTS.— 

(A) IN GENERAL.—The rule with respect to which the 

Commission is required to issue notice under paragraph 

(1) shall provide that, during the 1-year period beginning 

on the date on which that rule takes effect, a low power 

TV station may apply to the Commission to be accorded 

primary status as a Class A television licensee under section 73.6001 of title 47, Code of Federal Regulations, or 

any successor regulation. 
S. 3405—2 

(B) CONSIDERATIONS.—The Commission may approve 

an application submitted under subparagraph (A) if the 

low power TV station submitting the application— 

(i) satisfies— 

(I) section 336(f)(2) of the Communications Act 

of 1934 (47 U.S.C. 336(f)(2)) and the rules issued 

under that section, including the requirements 

under such section 336(f)(2) with respect to locally 

produced programming, except that, for the purposes of this subclause, the period described in 

the matter preceding subclause (I) of subparagraph 

(A)(i) of such section 336(f)(2) shall be construed 

to be the 90-day period preceding the date of enactment of this Act; and 

(II) paragraphs (b), (c), and (d) of 73.6001 of 

title 47, Code of Federal Regulations, or any successor regulation; 

(ii) demonstrates to the Commission that the Class 

A station for which the license is sought will not cause 

any interference described in section 336(f)(7) of the 

Communications Act of 1934 (47 U.S.C. 336(f)(7)); and 

(iii) as of the date of enactment of this Act, operates in a Designated Market Area with not more than 

95,000 television households. 

(3) APPLICABILITY OF LICENSE.—A license that accords primary status as a Class A television licensee to a low power 

TV station as a result of the rule with respect to which the 

Commission is required to issue notice under paragraph (1) 

shall— 

(A) be subject to the same license terms and renewal 

standards as a license for a full power television broadcast 

station, except as otherwise expressly provided in this subsection; and 

(B) require the low power TV station to remain in 

compliance with paragraph (2)(B) during the term of the 

license. 

(d) REPORTING.—Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Energy and Commerce of the House of Representatives a report regarding the implementation of this section, which 

shall include— 

(1) a list of the current, as of the date on which the 

report is submitted, licensees that have been accorded primary 

status as Class A television licensees; and 

(2) of the licensees described in paragraph (1), an identification of each such licensee that has been accorded the status 

described in that paragraph because of the implementation 

of this section. 

(e) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to affect a decision of the Commission relating to completion of the transition, relocation, or reimbursement of entities as 

a result of the systems of competitive bidding conducted pursuant 

to title VI of the Middle Class Tax Relief and Job Creation Act 

of 2012 (47 U.S.C. 1401 et seq.), and the amendments made by 
S. 3405—3 

that title, that are collectively commonly referred to as the ‘‘Television Broadcast Incentive Auction’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.