IB
Union Calendar No. 312
106TH CONGRESS
2D SESSION
H. R. 3439
[Report No. 106–567]
To prohibit the Federal Communications Commission from establishing rules
authorizing the operation of new, low power FM radio stations.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 17, 1999
Mr. OXLEY (for himself, Mrs. CUBIN, Mr. STEARNS, Mr. PALLONE, and Mr.
EHRLICH) introduced the following bill; which was referred to the Com-
mittee on Commerce
APRIL 10, 2000
Additional sponsors: Mr. FOSSELLA, Mr. ROGERS, Mr. CALLAHAN, Mr.
GOODE, Mr. STUMP, Mr. MANZULLO, Mr. SUNUNU, Mr. BURR of North
Carolina, Mr. SALMON, Mr. PICKETT, Mr. NORWOOD, Mr. BASS, Mr.
TURNER, Mr. SMITH of Texas, Mr. SANDLIN, Mrs. EMERSON, Mr.
PETRI, Mr. GEKAS, Mr. NETHERCUTT, Mr. TALENT, Mr. RAMSTAD, Mr.
STRICKLAND, Mr. SKEEN, Mr. WHITFIELD, Mr. SHIMKUS, Mr. GUT-
KNECHT, Mr. BRYANT, Mr. COMBEST, Mrs. WILSON, Mr. CANADY of
Florida, Mr. NEY, Mr. PETERSON of Minnesota, Mr. COLLINS, Mr. ED-
WARDS, Mr. EVERETT, Mr. THORNBERRY, Mr. LAHOOD, Mr. BOEHLERT,
Mr. STUPAK, Mr. BLUNT, Mr. SPRATT, Mr. MCHUGH, Mr. RYAN of Wis-
consin, Mr. LARGENT, Mr. PICKERING, Mr. BACHUS, Mr. BARRETT of
Nebraska, Mr. UPTON, Mr. COBLE, Mr. BONILLA, Mr. SWEENEY, Mr.
MORAN of Kansas, Mr. FOLEY, Mr. COSTELLO, Mr. LATHAM, Mr.
PHELPS, Ms. BERKLEY, Mr. HILL of Montana, Mr. DICKEY, Mr.
GALLEGLY, Mr. WATKINS, Mr. THUNE, Mr. ADERHOLT, Mr. HUTCH-
INSON, Mr. LEWIS of Kentucky, Mr. SESSIONS, Mr. CRAMER, Mr.
HAYES, Mr. LEWIS of California, Mr. RILEY, Mr. OBERSTAR, Mr.
COBURN, Mr. BATEMAN, Mr. DEAL of Georgia, Mr. UDALL of New Mex-
ico, Mr. DREIER, Mr. LUCAS of Oklahoma, Mr. COOK, Mr. FORBES, Mr.
HOEKSTRA, Mr. TAYLOR of North Carolina, Mr. RYUN of Kansas, Mr.
RAHALL, Mr. BEREUTER, Mr. CAMP, Mr. WISE, Mr. SIMPSON, Mr.
MCINTOSH, Mr. ISAKSON, Mr. JONES of North Carolina, Mr. JENKINS,
Mr. DAVIS of Virginia, Mr. BARCIA, Mr. GOODLATTE, Mrs. BIGGERT,
Mr. YOUNG of Alaska, Mr. HULSHOF, Mr. BERRY, Mr. FRELINGHUYSEN,
Mr. GREENWOOD, Mr. CANNON, Mr. VISCLOSKY, Mr. GIBBONS, Mr.
CLEMENT, Mr. TIAHRT, Ms. DANNER, Mr. NEAL of Massachusetts, Mr.
HAYWORTH, Mr. HALL of Texas, Mr. EWING, Mr. SPENCE, Mr. DEMINT,
Mr. FORD, Mr. GREEN of Texas, Mr. SMITH of Michigan, Mr. KINGSTON,
Mr. SHOWS, Mr. CAMPBELL, Mr. PETERSON of Pennsylvania, Mr.
BUYER, Mr. BARTLETT of Maryland, Mr. EVANS, Mr. DICKS, Mr.
MCINNIS, Mr. FROST, Mr. STENHOLM, Mr. BURTON of Indiana, Mr.
GANSKE, Mrs. MYRICK, Mr. ISTOOK, Mr. HERGER, Mr. FRANKS of New
Jersey, Mr. KNOLLENBERG, Mr. BARR of Georgia, Mr. BRADY of Texas,
Mr. LOBIONDO, Mr. MCCRERY, Mr. CHAMBLISS, Mr. ALLEN, Mr.
HASTINGS of Washington, Mr. ABERCROMBIE, Mr. SHADEGG, Mrs.
JOHNSON of Connecticut, Mr. WOLF, Mr. LUCAS of Kentucky, Mr. SAW-
YER, Mr. BLAGOJEVICH, Mr. LIPINSKI, Mr. SCHAFFER, Mr. HILLEARY,
Ms. DUNN, Mr. WALDEN of Oregon, Mr. FLETCHER, Mr. NUSSLE, Mrs.
NORTHUP, Mr. ETHERIDGE, Mr. OLVER, Mr. WAMP, Mr. LAMPSON, Mr.
PITTS, and Mr. GORDON
APRIL 10, 2000
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To prohibit the Federal Communications Commission from
establishing rules 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Radio Broadcasting
Preservation Act of 1999’’.
SEC. 2. PROHIBITION.
(a) RULES PROHIBITED.—Notwithstanding section
303 of the Communications Act of 1934 (47 U.S.C. 303),
the Federal Communications Commission shall not pre-
scribe rules authorizing the operation of new, low power
FM radio stations, or establishing a low power radio serv-
ice, as proposed in MM Docket No. 99–25.
(b)
TERMINATION
OF
PREVIOUSLY
PRESCRIBED
RULES.—Any rules prescribed by the Federal Commu-
nications Commission before the date of enactment of this
Act that would be in violation of the prohibition in sub-
section (a) if prescribed after such date shall cease to be
effective on such date. Any low power radio licenses issued
pursuant to such rules before such date shall be void.
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 sta-
tions, 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 chan-
nels); 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 Communications
Commission may not—
(A) eliminate or reduce the minimum dis-
tance separations for third-adjacent channels re-
quired by paragraph (1)(A), or
(B) extend the eligibility for application for
low-power FM stations beyond the organizations
and entities as proposed in MM Docket No. 99–
25 (47 C.F.R. 73.853),
except as expressly authorized by Act of Congress en-
acted after the date of 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-AD-
JACENT 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 than 9 FM radio
markets, including urban, suburban, and rural mar-
kets, 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 selected for the purpose of eval-
uating whether minimum distance separations for
third-adjacent channels are needed for FM translator
stations. The Commission may, consistent with the
public interest, continue after the conclusion of the ex-
perimental program to waive the minimum distance
separations for third-adjacent channels for the sta-
tions that are the subject of the experimental pro-
gram.
(2) CONDUCT
OF
TESTING.—The Commission
shall select an independent testing entity to conduct
field tests in the markets of the stations in the experi-
mental 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
and field tests and afford an opportunity for the pub-
lic to comment on such results. The Federal Commu-
nications Commission shall submit a report on the ex-
perimental program and field tests to the Committee
on Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation 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
market broadcasters in particular, includ-
ing 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
(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.
Amend the title so as to read: ‘‘A bill to require the
Federal Communications Commission to revise its regula-
tions authorizing the operation of new, low-power FM
radio stations.’’.
Union Calendar No. 312
106TH CONGRESS
2D SESSION
H. R. 3439
[Report No. 106–567]
A BILL
To prohibit the Federal Communications Commis-
sion from establishing rules authorizing the oper-
ation of new, low power FM radio stations.
APRIL 10, 2000
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed