II 

Calendar No. 591 

110TH CONGRESS 

2D SESSION S. 1675 

[Report No. 110–271] 

To implement the recommendations of the Federal Communications 

Commission report to the Congress regarding low-power FM service. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2007 

Ms. CANTWELL (for herself, Mr. MCCAIN, Mr. LEAHY, Mr. SANDERS, and Mr. 

DORGAN) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

MARCH 4, 2008 

Reported by Mr. INOUYE, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To implement the recommendations of the Federal Communications Commission report to the Congress regarding 

low-power FM service. 

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 ‘‘Local Community 

5 Radio Act of 2007’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The passage of the Telecommunications Act 

4 of 1996 led to increased ownership consolidation in 

5 the radio industry. 

6 (2) At a hearing before the Senate Committee 

7 on Commerce, Science, and Transportation, on June 

8 4, 2003, all 5 members of the Federal Communica9 tions Commission testified that there has been, in at 

10 least some local radio markets, too much consolida11 tion. 

12 (3) A commitment to localism—local oper13 ations, local research, local management, locally14 originated programming, local artists, and local news 

15 and events—would bolster radio listening. 

16 (4) Local communities have sought to launch 

17 radio stations to meet their local needs. However, 

18 due to the scarce amount of spectrum available and 

19 the high cost of buying and running a large station, 

20 many local communities are unable to establish a 

21 radio station. 

22 (5) In 2003, the average cost to acquire a com23 mercial radio station was more than $2,500,000. 

24 (6) In January, 2000, the Federal Communica25 tions Commission authorized a new, affordable com26 munity radio service called ‘‘low-power FM’’ or 


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1 ‘‘LPFM’’ to ‘‘enhance locally focused community-ori2 ented radio broadcasting’’. 

3 (7) Through the creation of LPFM, the Com4 mission sought to ‘‘create opportunities for new 

5 voices on the air waves and to allow local groups, in6 cluding schools, churches, and other community7 based organizations, to provide programming respon8 sive to local community needs and interests’’. 

9 (8) The Commission made clear that the cre10 ation of LPFM would not compromise the integrity 

11 of the FM radio band by stating, ‘‘We are com12 mitted to creating a low-power FM radio service only 

13 if it does not cause unacceptable interference to ex14 isting radio service.’’. 

15 (9) Currently, FM translator stations can oper16 ate on the second- and third-adjacent channels to 

17 full power radio stations, up to an effective radiated 

18 power of 250 watts, pursuant to part 74 of title 47, 

19 Code of Federal Regulations, using the very same 

20 transmitters that LPFM stations will use. The Com21 mission based its LPFM rules on the actual per22 formance of these translators that already operate 

23 without undue interference to FM stations. The ac24 tual interference record of these translators is far 


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1 more useful than any results that further testing 

2 could yield. 

3 (10) Small rural broadcasters were particularly 

4 concerned about a lengthy and costly interference 

5 complaint process. Therefore, in September, 2000, 

6 the Commission created a simple process to address 

7 interference complaints regarding LPFM stations on 

8 an expedited basis. 

9 (11) In December, 2000, Congress delayed the 

10 full implementation of LPFM until an independent 

11 engineering study was completed and reviewed. This 

12 delay was due to some broadcasters’ concerns that 

13 LPFM service would cause interference in the FM 

14 band. 

15 (12) The delay prevented millions of Americans 

16 from having a locally operated, community based 

17 radio station in their neighborhood. 

18 (13) Over 500 LPFM stations were allowed to 

19 proceed despite the congressional action. These sta20 tions are currently on the air and are run by local 

21 government agencies, groups promoting arts and 

22 education to immigrant and indigenous peoples, art23 ists, schools, religious organizations, environmental 

24 groups, organizations promoting literacy, and many 

25 other civically-oriented organizations. 


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1 (14) After 2 years and the expenditure of 

2 $2,193,343 in taxpayer dollars to conduct this 

3 study, the broadcasters’ concerns were demonstrated 

4 to be unsubstantiated. 

5 (15) Minorities represent almost a third of our 

6 population. However, according to the Federal Com7 munication Commission’s most recent Form 323 

8 data on the race and gender of full power, commer9 cial broadcast licensees, minorities own only 7 per10 cent of all local television and radio stations. Women 

11 represent more than half of the population, but own 

12 only 6 percent of all local television and radio sta13 tions. LPFM stations, while not a solution to the 

14 overall inequalities in minority and female broadcast 

15 ownership, provide an additional opportunity for 

16 underrepresented communities to operate a station 

17 and provide local communities with a greater diver18 sity of viewpoints and culture. 

19 (16) LPFM stations have proven to be a vital 

20 source of information during local or national emer21 gencies. Out of the few stations that were able to 

22 stay online during Katrina, several were LPFM sta23 tions. In Bay St. Louis, Mississippi, LPFM station 

24 WQRZ remained on the air during Hurricane 

25 Katrina and served as the Emergency Operations 


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1 Center for Hancock County. Additionally, after Hur2 ricane Katrina when thousands of evacuees tempo3 rarily housed at the Houston Astrodome were unable 

4 to hear information about the availability of food 

5 and ice, the location of FEMA representatives, and 

6 the whereabouts of missing loved ones over the loud 

7 speakers, volunteers handed out thousands of tran8 sistor radios and established a LPFM station out9 side the Astrodome to broadcast such information. 

10 SEC. 3. REPEAL OF PRIOR LAW. 

11 Section 632 of the Departments of Commerce, Jus12 tice, and State, the Judiciary, and Related Agencies Ap13 propriations Act, 2001 (Public Law 106–553; 114 Stat. 

14 2762A–111), is repealed. 

15 SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS. 

16 The Federal Communications Commission shall mod17 ify its rules to eliminate third-adjacent minimum distance 

18 separation requirements between— 

19 (1) low-power FM stations; and 

20 (2) full-service FM stations, FM translator sta21 tions, and FM booster stations. 

22 SEC. 5. PROTECTION OF RADIO READING SERVICES. 

23 The Federal Communications Commission shall re24 tain its rules that provide third-adjacent channel protec25 tion for full-power non-commercial FM stations that 


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1 broadcast radio reading services via a subcarrier frequency 

2 from potential low-power FM station interference. 

3 SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM 

4 STATIONS. 

5 The Federal Communications Commission when li6 censing FM translator stations shall ensure— 

7 (1) that licenses are available to both FM 

8 translator stations and low-power FM stations; and 

9 (2) that such decisions are made based on the 

10 needs of the local community. 

11 SEC. 7. PROHIBITIONS ON CERTAIN APPLICANTS. 

12 The Federal Communications Commission shall mod13 ify the rules authorizing the operation of low-power FM 

14 radio stations, as proposed in MM Docket No. 99–25, to 

15 prohibit any applicant from obtaining a low-power FM li16 cense if the applicant has engaged in any manner in the 

17 unlicensed operation of any station in violation of section 

18 301 of the Communications Act of 1934 (47 U.S.C. 301). 

19 SEC. 8. FEDERAL COMMUNICATIONS COMMISSION RULES. 

20 The Federal Communications Commission shall retain 

21 its rules that provide third-adjacent channel protection for 

22 full-power FM stations that are licensed in significantly 

23 populated States with more than 3,000,000 housing units 

24 and a population density greater than 1,000 people per 

25 square mile land area. 


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1 SEC. 9. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER 

2 COMMERCIAL FM STATIONS. 

3 The Federal Communications Commission shall con4 duct an economic study on the impact that low-power FM 

5 stations will have on full-power commercial FM stations. 


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Calendar No. 591 

110TH CONGRESS 

2D SESSION S. 1675 

[Report No. 110

–271] 

A BILL 

To implement the recommendations of the Federal 

gress regarding low-power FM service. Communications Commission report to the ConMARCH 4, 2008 

Reported with an amendment 


wwoods2 on PRODPC68 with BILLS