IIB
106TH CONGRESS
2D SESSION
H. R. 3439
IN THE SENATE OF THE UNITED STATES
MAY 2, 2000
Received
MAY 16, 2000
Read twice and referred to the Committee on Commerce, Science, and
Transportation
AN ACT
To require the Federal Communications Commission to revise
its regulations authorizing the operation of new, low-
power FM radio stations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Radio Broadcasting
Preservation Act of 2000’’.
SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS
REQUIRED.
(a) THIRD-ADJACENT CHANNEL PROTECTIONS RE-
QUIRED.—
(1) MODIFICATIONS REQUIRED.—The Federal
Communications Commission shall modify the rules
authorizing the operation of low-power FM radio
stations, as proposed in MM Docket No. 99–25,
to—
(A) prescribe minimum distance separa-
tions for third-adjacent channels (as well as for
co-channels and first- and second-adjacent
channels); and
(B) prohibit any applicant from obtaining
a low-power FM license if the applicant has en-
gaged in any manner in the unlicensed oper-
ation of any station in violation of section 301
of the Communications Act of 1934 (47 U.S.C.
301).
(2) CONGRESSIONAL
AUTHORITY
REQUIRED
FOR FURTHER CHANGES.—The Federal Communica-
tions Commission may not—
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(A) eliminate or reduce the minimum dis-
tance separations for third-adjacent channels
required by paragraph (1)(A); or
(B) extend the eligibility for application for
low-power FM stations beyond the organiza-
tions and entities as proposed in MM Docket
No. 99–25 (47 CFR 73.853),
except as expressly authorized by Act of Congress
enacted after the date of the enactment of this Act.
(3) VALIDITY OF PRIOR ACTIONS.—Any license
that was issued by the Commission to a low-power
FM station prior to the date on which the Commis-
sion modify its rules as required by paragraph (1)
and that does not comply with such modifications
shall be invalid.
(b) FURTHER EVALUATION OF NEED FOR THIRD-
ADJACENT CHANNEL PROTECTIONS.—
(1) PILOT PROGRAM REQUIRED.—The Federal
Communications Commission shall conduct an exper-
imental program to test whether low-power FM
radio stations will result in harmful interference to
existing FM radio stations if such stations are not
subject to the minimum distance separations for
third-adjacent channels required by subsection (a).
The Commission shall conduct such test in no more
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than nine FM radio markets, including urban, sub-
urban, and rural markets, by waiving the minimum
distance separations for third-adjacent channels for
the stations that are the subject of the experimental
program. At least one of the stations shall be se-
lected for the purpose of evaluating whether min-
imum distance separations for third-adjacent chan-
nels are needed for FM translator stations. The
Commission may, consistent with the public interest,
continue after the conclusion of the experimental
program to waive the minimum distance separations
for third-adjacent channels for the stations that are
the subject of the experimental program.
(2) CONDUCT OF TESTING.—The Commission
shall select an independent testing entity to conduct
field tests in the markets of the stations in the ex-
perimental program under paragraph (1). Such field
tests shall include—
(A) an opportunity for the public to com-
ment on interference; and
(B) independent audience listening tests to
determine what is objectionable and harmful in-
terference to the average radio listener.
(3) REPORT TO CONGRESS.—The Commission
shall publish the results of the experimental program
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and field tests and afford an opportunity for the
public to comment on such results. The Federal
Communications Commission shall submit a report
on the experimental program and field tests to the
Committee on Commerce of the House of Represent-
atives and the Committee on Commerce, Science,
and Transportation of the Senate not later than
February 1, 2001. Such report shall include—
(A) an analysis of the experimental pro-
gram and field tests and of the public comment
received by the Commission;
(B) an evaluation of the impact of the
modification or elimination of minimum dis-
tance separations for third-adjacent channels
on—
(i) listening audiences;
(ii) incumbent FM radio broadcasters
in general, and on minority and small mar-
ket broadcasters in particular, including an
analysis of the economic impact on such
broadcasters;
(iii) the transition to digital radio for
terrestrial radio broadcasters;
(iv) stations that provide a reading
service for the blind to the public; and
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(v) FM radio translator stations;
(C) the Commission’s recommendations to
the Congress to reduce or eliminate the min-
imum distance separations for third-adjacent
channels required by subsection (a); and
(D) such other information and rec-
ommendations as the Commission considers ap-
propriate.
Passed the House of Representatives April 13, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.