II 

Calendar No. 813

108TH CONGRESS 

2D SESSION S. 2505

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 4, 2004

Mr. MCCAIN (for himself, Mr. LEAHY, Ms. CANTWELL, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 19, 2004

Reported by Mr. MCCAIN, with an amendment 

[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. FINDINGS. 

4 Congress makes the following findings: 
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•S 2505 RS 

1 (1) The passage of the Telecommunications Act 

2 of 1996 led to increased ownership consolidation in 

3 the radio industry. 

4 (2) At a hearing before the Senate Committee 

5 on Commerce, Science, and Transportation, on June 

6 4, 2003, all 5 members of the Federal Communica7 tions Commission testified that there has been, in at 

8 least some local radio markets, too much consolida9 tion. 

10 (3) A commitment to localism—local oper11 ations, local research, local management, locally12 originated programming, local artists, and local news 

13 and events—would bolster radio listening. 

14 (4) Local communities have sought to launch 

15 radio stations to meet their local needs. However, 

16 due to the scarce amount of spectrum available and 

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

18 many local communities are unable to establish a 

19 radio station. 

20 (5) In 2003, the average cost to acquire a com21 mercial radio station was more than $2.5 million 

22 dollars. 

23 (6) In January, 2000, the Federal Communica24 tions Commission authorized a new, affordable com25 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 

13 only if it does not cause unacceptable interference to 

14 existing radio service.’’. 

15 (9) Small rural broadcasters were particularly 

16 concerned about a lengthy and costly interference 

17 complaint process. Therefore, in September, 2000, 

18 the Commission created a simple process to address 

19 interference complaints regarding LPFM stations on 

20 an expedited basis. 

21 (10) In December, 2000, Congress delayed the 

22 full implementation of LPFM until an independent 

23 engineering study was completed and reviewed. This 

24 delay was due to some broadcasters’ concerns that 
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1 LPFM service would cause interference in the FM 

2 band. 

3 (11) The delay prevented millions of Americans 

4 from having a locally operated, community based 

5 radio station in their neighborhood. 

6 (12) Approximately 300 LPFM stations were 

7 allowed to proceed despite the congressional action. 

8 These stations are currently on the air and are run 

9 by local government agencies, groups promoting arts 

10 and education to immigrant and indigenous peoples, 

11 artists, schools, religious organizations, environ12 mental groups, organizations promoting literacy, and 

13 many other civically-oriented organizations. 

14 (13) After 2 years and the expenditure of 

15 $2,193,343 in taxpayer dollars to conduct this 

16 study, the broadcasters’ concerns were demonstrated 

17 to be unsubstantiated. 

18 SEC. 2. REPEAL OF PRIOR LAW. 

19 Section 632 of the Departments of Commerce, Jus20 tice, and State, the Judiciary, and Related Agencies Ap21 propriations Act, 2001 (Public Law 106–553; 114 Stat. 

22 2762A–111), is repealed. 
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1 SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS. 

2 The Federal Communications Commission shall mod3 ify its rules to eliminate third-adjacent minimum distance 

4 separation requirements between— 

5 (1) low-power FM stations; and 

6 (2) full-service FM stations, FM translator sta7 tions, and FM booster stations. 

8 SEC. 4. PROTECTION OF RADIO READING SERVICES. 

9 The Federal Communications Commission shall re10 tain its rules that provide third-adjacent channel protec11 tion for full-power non-commercial FM stations that 

12 broadcast radio reading services via a subcarrier frequency 

13 from potential low-power FM station interference. 

14 SEC. 5. FEDERAL COMMUNICATIONS COMMISSION RULES. 

15 The Federal Communications Commission shall retain 

16 its rules that provide third-adjacent channel protection for 

17 full-power FM stations that are licensed in significantly 

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

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

20 square mile land area. 

21 SEC. 6. TRANSLATOR LICENSING. 

22 The Federal Communications Commission shall evalu23 ate the impact of translator licensing on low power and 

24 full power radio stations. The Federal Communications 

25 Commission shall implement policies to promote opportuni26 ties for locally based low power radio stations, while pro-
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1 tecting full power stations from harmful interference from 

2 translator networks. 

Calendar No. 813 

108TH CONGRESS 

2D SESSION S. 2505 

A BILL 

To implement the recommendations of the Federal 

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

NOVEMBER 19, 2004 

Reported with an amendment