I 

108TH CONGRESS 

2D SESSION H. R. 4026

To preserve local radio broadcast emergency and other services and to require 

the Federal Communications Commission to conduct a rulemaking for 

that purpose. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2004

Mr. PICKERING (for himself and Mr. GREEN of Texas) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To preserve local radio broadcast emergency and other services and to require the Federal Communications Commission to conduct a rulemaking for that purpose.

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 Emergency 

5 Radio Service Preservation Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds and declares the following: 

8 (1) A primary objective and benefit of the Na9 tion’s regulation of radio broadcasting is the local 
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1 origination of programming. There is a substantial 

2 governmental interest in ensuring its continuation. 

3 (2) Local broadcast radio stations are an im4 portant source of local news and weather program5 ming and other local broadcast services critical to 

6 the public. 

7 (3) Local radio broadcasting is particularly im8 portant in times of emergencies or disasters when 

9 other means of communications may not be avail10 able. 

11 (4) Radio is the most ubiquitous of all mass 

12 media, with receivers located in almost every home 

13 and automobile in the country. 

14 (5) Because radio receivers are universally 

15 available and frequently battery-powered or located 

16 in automobiles, the Federal Communications Com17 mission’s Media Security and Reliability Council 

18 concluded that ‘‘radio broadcasters are likely to be 

19 the last line of defense for communicating with the 

20 public under extremely adverse conditions that could 

21 result in the event of a local disaster’’. There is a 

22 substantial governmental interest in ensuring the 

23 continuation of this capability. 

24 (6) Broadcast radio programming is supported 

25 by revenues generated from advertising broadcast 
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1 over stations. Such programming is free to listeners. 

2 There is a substantial governmental interest in pro3 moting the continued availability of free radio pro4 gramming. 

5 (7) Because radio programming is supported by 

6 advertising, the ability of local stations to continue 

7 to provide local news and other services and to en8 sure communications during emergencies could be 

9 jeopardized by a diversion of the listening audience 

10 away from local radio programming. 

11 (8) When the Federal Communications Com12 mission authorized the digital audio radio satellite 

13 service, it stated that it remained ‘‘committed to 

14 supporting a vibrant and vital terrestrial radio serv15 ice for the public’’. 

16 (9) When the Federal Communications Com17 mission authorized the digital audio radio satellite 

18 service, it understood that digital audio radio sat19 ellite service licensees would provide only national 

20 programming and accepted the contentions of the 

21 proponents of digital audio radio satellite service 

22 that the new service would not affect local broad23 casting because ‘‘the ability to offer local content 

24 will give terrestrial broadcasters a competitive ad25 vantage’’. 
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1 (10) Digital audio radio satellite service licens2 ees have announced plans to offer local traffic and 

3 weather channels through the use of their satellites. 

4 (11) Developments in receiver technology will 

5 enable digital audio radio satellite service licensees 

6 to offer new services in the future, including local7 ized content that may be intermixed with other na8 tional content or that would be selected based on the 

9 listener’s location. 

10 SEC. 3. LIMITS ON LOCALIZED DIGITAL AUDIO RADIO SAT11 ELLITE SERVICE PROGRAMMING. 

12 The Federal Communications Commission shall re13 vise section 25.144 of its regulations (47 C.F.R. 25.144) 

14 to provide that—

15 (1) digital audio radio satellite service licensees 

16 shall not, using any capability either on a satellite 

17 or in a radio receiver, provide services that are lo18 cally differentiated or that result in programming 

19 being delivered to consumers in one geographic mar20 ket that is different from the programming that is 

21 delivered to consumers in any other geographic mar22 ket; and 

23 (2) digital audio radio satellite service repeaters 

24 shall be restricted to simultaneously retransmitting 

25 the programming transmitted by satellite directly to 
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1 digital audio radio satellite service subscribers’ re2 ceivers, and may not be used to distribute any infor3 mation not also transmitted to all subscribers’ re4 ceivers. 

5 SEC. 4. FEDERAL COMMUNICATIONS COMMISSION RULE6 MAKING ON LOCAL SERVICES BY SATELLITE 

7 PROVIDERS. 

8 Within 270 days after the date of enactment of this 

9 Act, the Federal Communications Commission shall com10 plete a rulemaking proceeding to determine whether dig11 ital audio radio satellite service licensees should be per12 mitted to provide locally oriented services on nationally 

13 distributed channels, taking into account—

14 (1) the impact of locally oriented satellite radio 

15 services on the viability of local radio broadcast sta16 tions and their ability to provide news and other 

17 services to the public; 

18 (2) the ability of digital audio radio satellite 

19 service licensees to afford listeners the same emer20 gency and other information as is afforded listeners 

21 of local broadcast radio stations; 

22 (3) whether digital audio radio satellite service 

23 licensees committed to providing only national serv24 ices in order to obtain authorization for their service; 

25 and 
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1 (4) whether the same level and quality of emer2 gency communications services could be provided to 

3 consumers by digital audio radio satellite service li4 censees as by local broadcast radio stations.

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