II 

108TH CONGRESS 

2D SESSION S. 2540 

To protect educational FM radio stations providing public service broadcasting 

from commercial encroachment. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2004 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To protect educational FM radio stations providing public 

service broadcasting from commercial encroachment. 

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 ‘‘Educational Radio 

5 Protection Act’’. 

6 SEC. 2. ENTITLEMENT OF CERTAIN CLASS D FM STATIONS 

7 TO CLASS A LICENSES. 

8 Notwithstanding any provision of the Communica9 tions Act of 1934 (47 U.S.C. 151 et seq.) or of the regula10 tions, rules, or procedures of the Federal Communication 
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1 Commission to the contrary, a qualifying educational FM 

2 radio station is entitled, upon application by the licensee 

3 of that station— 

4 (1) to have the license granted to such a station 

5 be subject to the same license terms and renewal 

6 standards (other than fees) as a license for a full7 power class A FM radio station under title III of the 

8 Communications Act of 1934 (47 U.S.C. 301 et 

9 seq.); and 

10 (2) to have the licensee of such a station ac11 corded primary status as a radio broadcaster with 

12 respect to that station as long as the station con13 tinues to be a qualifying educational FM radio sta14 tion. 

15 SEC. 3. NOTIFICATION, APPLICATION, AND DECISION. 

16 (a) NOTIFICATION.—Within 30 days after the date 

17 of enactment of this Act, the Commission shall provide 

18 notice in writing of the provisions of this Act to each li19 censee of a Class D FM radio station that, as of May 1, 

20 2004— 

21 (1) was licensed to an educational institution; 

22 (2) had a 60dBu service contour that equaled 

23 or exceeded 6 kilometers; and 

24 (3) had effective radiated power power in excess 

25 of 10 watts. 
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1 (b) APPLICATION.—If the licensee of a qualifying 

2 educational FM radio station seeks to have the provisions 

3 of section 2 apply with respect to that station, the licensee 

4 shall submit an application to the Commission within 1 

5 year after the date of enactment of this Act in such form 

6 and containing such information as the Commission may 

7 require. The Commission may not consider an application 

8 received more than 1 year after the date of enactment of 

9 this Act. 

10 (c) 30-DAY DECISION REQUIRED.—The Commission 

11 shall approve an application under this Act within 30 days 

12 after receipt of the completed application. 

13 SEC. 4. PROTECTION OF EXISTING STATIONS’ SPECTRUM. 

14 (a) IN GENERAL.—Notwithstanding any provision of 

15 the Communications Act of 1934 (47 U.S.C. 151 et seq.) 

16 to the contrary, the Commission may not award or assign 

17 any portion of the radio spectrum assigned to a qualifying 

18 educational FM radio station for which an application is 

19 submitted under section 3 except as provided in this sec20 tion. 

21 (b) APPROVED APPLICATIONS.—If the licensee of a 

22 qualifying educational FM radio station submits an appli23 cation under this Act within 1 year after the date of enact24 ment of this Act and the Commission approves the appli25 cation, then the Commission may not award or reassign 
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1 any portion of the radio spectrum assigned to that station 

2 to a commercial FM radio station. 

3 (c) RESTORATION OF CERTAIN SPECTRUM.—If the 

4 Commission awarded or reassigned any portion of a quali5 fying educational FM radio station’s spectrum to a com6 mercial FM radio station after April 30, 2004, and before 

7 the date on which the Commission approves the qualifying 

8 educational FM radio station’s application under section 

9 3, the Commission shall revoke the award or reassignment 

10 of spectrum to the commercial FM radio station and re11 store it to the qualifying educational FM radio station no 

12 later than 30 days after the date on which the Commission 

13 issues an approval of the application that is not subject 

14 to appeal under chapter 5 of title 5, United States Code, 

15 or under the Commission’s rules. 

16 SEC. 5. DEFINITIONS. 

17 In this Act: 

18 (1) COMMISSION.—The term ‘‘Commission’’ 

19 means the Federal Communications Commission. 

20 (2) QUALIFYING EDUCATIONAL FMRADIO STA21 TION.—The term ‘‘qualifying educational FM radio 

22 station’’ means a Class D FM radio station that, as 

23 of May 1, 2004, and at all times thereafter— 

24 (A) is licensed to an educational institu25 tion; 
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1 (B) a 60dBu service contour that equals or 

2 exceeds 6 kilometers; 

3 (C) has effective radiated power exceeding 

4 10 watts; and 

5 (D) meets all requirements for operation 

6 and licensing as a class D FM radio station 

7 under title III of the Communications Act of 

8 1934 (47 U.S.C. 301 et seq.) and the Commis9 sion’s rules and regulations promulgated under 

10 that Act. 

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