II 

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 and Mr. LEAHY) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

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: 

5 (1) The passage of the Telecommunications Act 

6 of 1996 led to increased ownership consolidation in 

7 the radio industry. 

8 (2) At a hearing before the Senate Committee 

9 on Commerce, Science, and Transportation, on June 
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•S 2505 IS 

1 4, 2003, all 5 members of the Federal Communica2 tions Commission testified that there has been, in at 

3 least some local radio markets, too much consolida4 tion. 

5 (3) A commitment to localism—local oper6 ations, local research, local management, locally7 originated programming, local artists, and local news 

8 and events—would bolster radio listening. 

9 (4) Local communities have sought to launch 

10 radio stations to meet their local needs. However, 

11 due to the scarce amount of spectrum available and 

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

13 many local communities are unable to establish a 

14 radio station. 

15 (5) In 2003, the average cost to acquire a com16 mercial radio station was more than $2.5 million 

17 dollars. 

18 (6) In January, 2000, the Federal Communica19 tions Commission authorized a new, affordable com20 munity radio service called ‘‘low power FM’’ or 

21 ‘‘LPFM’’ to ‘‘enhance locally focused community-ori22 ented radio broadcasting’’. 

23 (7) Through the creation of LPFM, the Com24 mission sought to ‘‘create opportunities for new 

25 voices on the air waves and to allow local groups, in-
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1 cluding schools, churches and other community2 based organizations, to provide programming respon3 sive to local community needs and interests’’. 

4 (8) The Commission made clear that the cre5 ation of LPFM would not compromise the integrity 

6 of the FM radio band by stating, ‘‘We are com7 mitted to creating a low power FM radio service 

8 only if it does not cause unacceptable interference to 

9 existing radio service.’’. 

10 (9) Small rural broadcasters were particularly 

11 concerned about a lengthy and costly interference 

12 complaint process. Therefore, in September, 2000, 

13 the Commission created a simple process to address 

14 interference complaints regarding LPFM stations on 

15 an expedited basis. 

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

17 full implementation of LPFM until an independent 

18 engineering study was completed and reviewed. This 

19 delay was due to some broadcasters’ concerns that 

20 LPFM service would cause interference in the FM 

21 band. 

22 (11) The delay prevented millions of Americans 

23 from having a locally operated, community based 

24 radio station in their neighborhood. 
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1 (12) Approximately 300 LPFM stations were 

2 allowed to proceed despite the congressional action. 

3 These stations are currently on the air and are run 

4 by local government agencies, groups promoting arts 

5 and education to immigrant and indigenous peoples, 

6 artists, schools, religious organizations, environ7 mental groups, organizations promoting literacy, and 

8 many other civically-oriented organizations. 

9 (13) After 2 years and the expenditure of 

10 $2,193,343 in taxpayer dollars to conduct this 

11 study, the broadcasters’ concerns were demonstrated 

12 to be unsubstantiated. 

13 SEC. 2. REPEAL OF PRIOR LAW. 

14 Section 632 of the Departments of Commerce, Jus15 tice, and State, the Judiciary, and Related Agencies Ap16 propriations Act, 2001 (Public Law 106-553; 114 Stat. 

17 2762A–111), is repealed. 

18 SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS. 

19 The Federal Communications Commission shall mod20 ify its rules to eliminate third-adjacent minimum distance 

21 separation requirements between— 

22 (1) low-power FM stations; and 

23 (2) full-service FM stations, FM translator sta24 tions, and FM booster stations. 
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1 SEC. 4. PROTECTION OF RADIO READING SERVICES. 

2 The Federal Communications Commission shall re3 tain its rules that provide third-adjacent channel protec4 tion for full-power non-commercial FM stations that 

5 broadcast radio reading services via a subcarrier frequency 

6 from potential low-power FM station interference. 

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