In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Cybersecurity Act of 
2017''.

SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 
(21 U.S.C. 360j) the following--

``SEC. 520A. CYBERSECURITY FOR DEVICES.

    ``(a) Definitions.--In this section:
            ``(1) Cyber device.--The term `cyber device' means any 
        device that has network or Internet connectivity (such as near 
        field communication (NFC), Bluetooth, or WiFi), connects to an 
        external storage device or external media (such as a universal 
        serial bus (USB) or a compact disk), or has any other cyber 
        capability.
            ``(2) Cybersecurity fix or update.--The term `cybersecurity 
        fix or update' means any modification to a cyber device that 
        addresses a software, firmware, or hardware error or known 
        vulnerability, or a security update, and does not change the 
        therapeutic or diagnostic function of the device.
    ``(b) Transparency of Risk Prior to Marketing.--
            ``(1) Report card.--
                    ``(A) In general.--The Secretary, in coordination 
                with the entities described in subparagraph (B), shall 
                develop a report card for indicating the cybersecurity 
                functions of cyber devices. The report card shall 
                contain the contents described in paragraph (2) and be 
                disclosed in accordance with paragraph (3).
                    ``(B) Coordination.--The entities described in this 
                subparagraph are the following:
                            ``(i) The National Institute of Standards 
                        and Technology.
                            ``(ii) The Secretary of Homeland Security.
                            ``(iii) The National Coordination Office 
                        supporting the Networking and Information 
                        Technology Research and Development Program.
                            ``(iv) The Federal Trade Commission.
                            ``(v) Any other relevant agency, or 
                        cybersecurity or medical device industry group, 
                        as determined by the Secretary.
            ``(2) Contents of report card.--Each report card shall 
        contain each of the following:
                    ``(A) Information pertaining to all essential 
                elements described in the most recent version of the 
                Manufacturer Disclosure Statement for Medical Device 
                Security, as set forth by the Healthcare Information 
                and Management Systems Society and the National 
                Electrical Manufacturers Association.
                    ``(B) A traceability matrix, accepted by the 
                Secretary, that--
                            ``(i) redacts content that is confidential, 
                        as determined by the Secretary; and
                            ``(ii) establishes design components and 
                        traces such components to design compensating 
                        controls.
                    ``(C) A description of any manufacturer 
                compensating controls that--
                            ``(i) effectively address known common 
                        vulnerabilities and exposures; and
                            ``(ii) provide providers with industry 
                        standard compensating controls for improving 
                        cybersecurity.
                    ``(D) A description of--
                            ``(i) any cybersecurity evaluation 
                        conducted on the device, including any testing, 
                        validation, or verification of the device;
                            ``(ii) who conducted such evaluation; and
                            ``(iii) the results of such evaluation.
                    ``(E) A cybersecurity risk assessment conducted by 
                the manufacturer, or a third party, explaining the risk 
                of the device to patient safety and clinical hazards.
                    ``(F) An indication of whether the device is 
                capable of being remotely accessed. If the device is 
                capable of being remotely accessed, an indication of 
                any security measures and access protocols the device 
                has in place to secure such access.
            ``(3) Disclosure of report card.--
                    ``(A) Clearance or approval.--The manufacturer of 
                any cyber device shall include the report card in any 
                notification to the Secretary under section 510(k) or 
                any application for premarket approval under section 
                515(c), as applicable.
                    ``(B) Public accessibility.--
                            ``(i) In general.--The Secretary shall 
                        provide a copy of the report card to any entity 
                        described in clause (ii) that submits a request 
                        for such copy to the Secretary.
                            ``(ii) Entities permitted access.--An 
                        entity described in this clause is--
                                    ``(I) any health care industry 
                                entity, consisting of any provider, 
                                device manufacturer, the Federal 
                                Government, health care information 
                                security researchers, and health care 
                                academia; and
                                    ``(II) any entity determined by the 
                                Secretary to have a valid interest in 
                                the report card.
                    ``(C) Updated report card.--For as long as the 
                cyber device receives technical support from the 
                manufacturer or any other third party authorized by the 
                manufacturer, the manufacturer shall submit to the 
                Secretary an annual update to the report card.
    ``(c) Protecting Remote Access to Managed Solutions.--
            ``(1) In general.--A manufacturer of a cyber device shall:
                    ``(A) In order to remotely access such device after 
                selling, or otherwise transferring ownership of, the 
                device, obtain consent for such access from the 
                provider owning or operating the device and from any 
                patient on which the device is used. Such consent may 
                be in the form of an agreement entered into between the 
                provider and the manufacturer at the time the device is 
                sold to the provider, and may be for the manufacturer 
                to remotely access the device at times specified in 
                such agreement or by an agreement between the 
                manufacturer and provider entered into thereafter. In 
                the case of an agreement described in the previous 
                sentence, consent of the patient may be obtained 
                through the provider notifying the patient of such 
                agreement.
                    ``(B) For any cyber device that the manufacturer 
                may remotely access in accordance with subparagraph 
                (A):
                            ``(i) Notify the provider when the 
                        manufacturer accesses the device remotely, 
                        including the name of the person with such 
                        access, the kinds of tasks that can be 
                        performed through such access, and the software 
                        used to access the device. Such notification 
                        can be in the form of an audit log described in 
                        clause (ii) if the audit log is readily 
                        available to the provider.
                            ``(ii) Maintain an audit log for each time 
                        the manufacturer accesses the device remotely 
                        and make such log accessible to the provider.
                    ``(C) Except as provided in paragraph (2), for any 
                cyber device that has the capability to be accessed 
                remotely by the manufacturer or any other entity:
                            ``(i) Implement multi-factor authentication 
                        for accessing any cyber capability of the 
                        device.
                            ``(ii) Secure data in motion and data at 
                        rest with data encryption, and other best 
                        practices, approved by the National Institute 
                        of Standards and Technology.
                            ``(iii) Install automated tools to track 
                        access, or identify attempts at unauthorized 
                        access, to any cyber capability of the device.
                            ``(iv) Adopt whitelisting approaches and 
                        changeable passwords for accessing any cyber 
                        capability of the device.
                            ``(v) Comply with the remote access 
                        provisions recommended by the National 
                        Institute of Standards and Technology, in the 
                        document entitled `Security for Telecommuting 
                        and Broadband Communications (NIST Special 
                        Publication 800-46)', published in August 2002.
            ``(2) Exceptions.--A manufacturer may submit a petition to 
        the Secretary to exempt a cyber device from any requirement 
        under paragraph (1)(C). The Secretary may grant such an 
        exemption if it determines that the manufacturer can prove the 
        exemption would pose not more than a minimal risk to patient 
        health, minimal risk to privacy, and minimal risk of a cyber 
        vulnerability.
    ``(d) Cybersecurity Fixes or Updates.--
            ``(1) Re-clearance or reapproval.--Unless at the request of 
        the Secretary due to a unique and extenuating circumstance, any 
        cybersecurity fix or update shall not require a new 
        notification under section 510(k) or application for premarket 
        approval under section 515(c).
            ``(2) Free cybersecurity fixes or updates.--A manufacturer 
        of a cyber device shall provide any cybersecurity fix or update 
        to the device free of charge until--
                    ``(A) the date on which any agreement to provide 
                such fixes or updates, entered into between the 
                manufacturer (or a third party authorized by the 
                manufacturer) and a provider, expires; or
                    ``(B) if no agreement described in subparagraph (A) 
                is in effect, the date that is 10 years after the date 
                on which the manufacturer discontinues marketing the 
                device.
    ``(e) End-of-Life Device.--Not later than 90 days after a 
manufacturer declares that it will no longer sell a cyber device, the 
manufacturer of such device shall--
            ``(1) shall provide any provider owning or operating the 
        device with the report card, as most recently updated under 
        subsection (b)(3)(C);
            ``(2) to the extent practicable, inform any provider owning 
        or operating the device that the manufacturer will no longer be 
        manufacturing such device;
            ``(3) provide notice to any provider owning or operating 
        the device of the date on which the last cybersecurity fix or 
        update will be provided by the manufacturer;
            ``(4) notify the Secretary of such declaration; and
            ``(5) provide any provider owning or operating the device 
        with the following information related to the device:
                    ``(A) Compensating controls on how to securely 
                configure the cyber device if the device stays in 
                operation past the date on which the manufacturer stops 
                providing cybsecurity fixes or updates under subsection 
                (d)(2).
                    ``(B) Documentation on secure preparation for 
                recycling and disposal of the device.
                    ``(C) Specific guidance regarding supporting 
                infrastructure architecture, including network 
                segmentation and device isolation requirements.
                    ``(D) Instructions on how to delete any personally 
                identifiable information, protected health information, 
                or other site-specific sensitive data such as 
                configuration files.
    ``(f) Applicability.--This section shall not apply with respect to 
any cyber device for which, prior to the enactment of the Medical 
Device Cybersecurity Act of 2017, a notification was submitted under 
section 510(k), or for which an application for premarket approval was 
submitted under section 515(c).''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(eee) The failure to comply with subsection (b), (c), (d), or (e) 
of section 520A.''.
    (c) Expansion of ICS-CERT Responsibilities.--
            (1) Definitions.--In this subsection:
                    (A) Cyber device.--The term ``cyber device'' has 
                the meaning given the term in section 520A of the 
                Federal Food, Drug, and Cosmetic Act, as added by 
                subsection (a).
                    (B) ICS-CERT.--The term ``ICS-CERT'' means the 
                Industrial Control Systems Cyber Emergency Response 
                Team of the National Cybersecurity and Communications 
                Integration Center established under section 227 of the 
                Homeland Security Act of 2002 (6 U.S.C. 148).
                    (C) Under secretary.--The term ``Under Secretary'' 
                means the Under Secretary appointed under section 
                103(a)(1)(H) of the Homeland Security Act of 2002 (6 
                U.S.C. 113(a)(1)(H)).
            (2) Expansion.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary shall expand the 
        duties and mission of ICS-CERT to include--
                    (A) investigating cybersecurity vulnerabilities of 
                cyber devices that may cause harm to human life or 
                significant misuse of personal health information, as 
                determined necessary by ICS-CERT or at the request of 
                the Under Secretary; and
                    (B) coordinating device-specific responses to 
                cybersecurity incidents and vulnerabilities with 
                respect to cyber devices.
            (3) Consultation.--In carrying out paragraph (2), the Under 
        Secretary shall consult with relevant agencies within the Food 
        and Drug Administration, the Department of Health and Human 
        Services, the National Institute of Standards and Technology, 
        the National Coordination Office for Networking and Information 
        Technology Research and Development, the Federal Trade 
        Commission, and experts in the cybersecurity and medical device 
        industries.
            (4) Coordinated disclosure.--Not later than 6 months after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall issue rules relating to the coordinated 
        disclosure of controlled and uncontrolled cybersecurity 
        vulnerabilities of cyber devices, which shall--
                    (A) outline the roles and responsibilities of ICS-
                CERT and manufacturers and providers of cyber devices;
                    (B) provide timelines for all required actions; and
                    (C) provide for the enforcement of cooperation 
                between ICS-CERT and manufacturers and providers of 
                cyber devices.
            (5) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Under Secretary shall submit to 
        Congress a report detailing the expanded duties and mission of 
        ICS-CERT under paragraph (2).

Ex Output:
Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others,&nbsp;to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include&nbsp;a report card in any premarket notification or application for premarket approval. The&nbsp;FDA shall provide a copy of a device's report card&nbsp;if requested&nbsp;by a health care industry entity or an entity with a valid interest in the report card.&nbsp; The bill establishes procedures, including notifications to&nbsp;providers and patients,&nbsp;for manufacturers&nbsp;when cyber devices are&nbsp;remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's&nbsp;Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Post Office Relocation Act of 
1997''.

SEC. 2. GUIDELINES FOR RENOVATION, RELOCATION, CLOSING, OR 
              CONSOLIDATION OF POST OFFICES.

    Section 404(b) of title 39, United States Code, is amended to read 
as follows--
    ``(b)(1) The Postal Service, prior to making a determination under 
subsection (a)(3) of this section as to the necessity for the 
renovation, relocation, closing, or consolidation of any post office, 
shall provide adequate notice of its intention to renovate, relocate, 
close, or consolidate such post office at least 60 days prior to the 
proposed date of such renovation, relocation, closing, or consolidation 
to persons served by such post office.
    ``(2) Such notification shall be made in writing and shall be hand 
delivered or delivered by mail to persons served by such post office, 
and shall be published in one or more newspapers of general circulation 
within the zip codes served by such post office. Such notification 
shall include--
            ``(A) an identification of the renovation, relocation, 
        closing, or consolidation;
            ``(B) a summary of the reasons for the renovation, 
        relocation, closing, or consolidation; and
            ``(C) the proposed date for the renovation, relocation, 
        renovation, closing, or consolidation.
    ``(3) Any person served by the post office may offer an alternative 
renovation, relocation, consolidation, or closing proposal within the 
60 day notice period. The Postal Service shall deliver a response in 
writing by hand delivery or certified mail to the person making the 
proposal. In a case in which the Postal Service rejects a bona fide 
proposal, the Postal Service shall state in writing the reasons for the 
rejection.
    ``(4) At the end of the 60 day notice period, the Postal Service 
shall make a determination under subsection (a)(3). Prior to making a 
final determination, the Postal Service shall conduct a hearing, and 
persons served by the post office may present oral or written testimony 
with respect to the renovation, relocation, closing, or consolidation 
of such post office. The Postal Service, in making a determination as 
to whether or not to renovate, relocate, close, or consolidate a post 
office shall consider--
            ``(A) the extent to which such post office is part of a 
        core downtown business area;
            ``(B) the effect of such renovation, relocation, closing, 
        or consolidation on the community served by such post office;
            ``(C) whether the community served by such post office 
        opposes a renovation, relocation, closing, or consolidation;
            ``(D) the effect of such renovation, relocation, closing, 
        or consolidation on employees of the Postal Service employed at 
        such office;
            ``(E) whether such renovation, relocation, closing, or 
        consolidation is consistent with the policy of the Government, 
        as stated in section 101(b) of this title, that the Postal 
        Service shall provide a maximum degree of effective and regular 
        postal services to rural areas, communities, and small towns 
        where post offices are not self sustaining;
            ``(F) the quantified long-term economic saving to the 
        Postal Service resulting from such renovation, relocation, 
        closing, or consolidation;
            ``(G) whether postal officials engaged in negotiations with 
        persons served by the post office concerning the proposed 
        renovation, relocation, closing, or consolidation;
            ``(H) whether management of the post office contributed to 
        a desire to relocate;
            ``(I) the adequacy of the existing post office, and whether 
        all reasonable alternatives have been explored; and
            ``(J) such other factors as the Postal Service determines 
        are necessary.
    ``(5) Any determination of the Postal Service to renovate, 
relocate, close, or consolidate a post office shall be in writing and 
shall include the findings of the Postal Service with respect to the 
considerations required to be made under paragraph (4) of this 
subsection. Such determination and findings shall be made available to 
persons served by such post office.
    ``(6) The Postal Service shall take no action to renovate, 
relocate, close, or consolidate a post office until 60 days after its 
written determination is made available to persons served by such post 
office.
    ``(7) A determination of the Postal Service to renovate, relocate, 
close, or consolidate any post office may be appealed by any person 
served by such post office to the Postal Rate Commission within 30 days 
after such determination is made available to such person under 
paragraph (5). The Commission shall review such determination on the 
basis of the record before the Postal Service in the making of such 
determination. The Commission shall make a determination based upon 
such review no later than 120 days after receiving any appeal under 
this paragraph. The commission shall set aside any determination, 
findings, and conclusions found to be--
            ``(A) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with the law;
            ``(B) without observance of procedure required by law; or
            ``(C) unsupported by substantial evidence on the record.
The Commission may affirm the determination of the Postal Service or 
order that the entire matter be returned for further consideration, but 
the Commission may not modify the determination of the Postal Service. 
The Commission may suspend the effectiveness of the determination of 
the Postal Service until the final disposition of the appeal. The 
provisions of section 556, section 557, and chapter 7 of title 5 shall 
not apply to any review carried out by the Commission under this 
paragraph.
    ``(8) In a case in which a community has procedures to address the 
renovation, relocation, closing, or consolidation of buildings in the 
community, and the public participation requirements of such procedures 
are more stringent than those provided in this subsection, the Postal 
Service shall follow such procedures and disregard the procedures 
established in this subsection.
    ``(9) The Postal Service, in making a determination to renovate, 
relocate, close, or consolidate any post office, shall comply with any 
zoning, planning, or land use regulations, or building codes applicable 
to State or local public entities, including the zoning authority, of 
the local jurisdiction.''.

SEC. 3. POLICY STATEMENT.

    Section 101(g) of title 39, United States Code, is amended by 
adding at the end the following: ``The Postal Service shall also 
consider the effect a new postal facility may have on the community 
served by the prior facility.''.

Ex Output:
Post Office Relocation Act of 1997 - Modifies Federal postal provisions to require a 60-day notice before the renovation, relocation, closing, or consolidation (currently, the closing or consolidation) of a post office.  Requires such notice to be:  (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. 
Sets forth provisions which:  (1) allow any person served by the post office to offer an alternative renovation, relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow the individual to present oral or written testimony. 
Revises the factors to be considered in deciding whether or not to renovate, relocate, close, or consolidate a post office to include:  (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. 
Requires the Postal Service to follow a community's public participation procedures to address the renovation, relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. 
Requires the Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. 
Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Broadcasters Protection 
Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Since the creation of low-power television licenses by 
        the Federal Communications Commission, a number of license 
        holders have operated their stations in a manner beneficial to 
        the public good providing broadcasting to their communities 
        that would not otherwise be available.
            (2) These low-power broadcasters have operated their 
        stations in a manner consistent with the programming objectives 
        and hours of operation of full-power broadcasters providing 
        worthwhile services to their respective communities while under 
        severe license limitations compared to their full-power 
        counterparts.
            (3) License limitations, particularly the temporary nature 
        of the license, have blocked many low-power broadcasters from 
        having access to capital, and have severely hampered their 
        ability to continue to provide quality broadcasting, 
        programming, or improvements.
            (4) The passage of the Telecommunications Act of 1996 has 
        added to the uncertainty of the future status of these stations 
        by the lack of specific provisions regarding the permanency of 
        their licenses, or their treatment during the transition to 
        high definition, digital television.
            (5) It is in the public interest to promote diversity in 
        television programming formats by encouraging low power 
        television stations that serve foreign language communities. 
        These communities should not lose their access to foreign 
        language programming as a result of the transition to digital 
        television.

SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.

    (a) Section 336 of the Communications Act of 1934 (47 U.S.C. 336) 
is amended:
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Preservation of Low-Power Community Television 
Broadcasting.--
            ``(1) Creation of class a licenses.--Within 120 days after 
        the date of enactment of the Community Broadcasters Protection 
        Act of 1999, the Commission shall prescribe regulations to 
        establish a class A television license to be available to 
        licensees of qualifying low-power television stations. Such 
        license shall be subject to the same license terms, and renewal 
        standards as the licenses for full-power television stations 
        except as provided in this section, and each class A licensee 
        shall be accorded primary status as a television broadcaster as 
        long as the station continues to meet the requirements for a 
        qualifying low-power station in paragraph (2). Within 30 days 
        after the date of enactment of the Community Broadcasters 
        Protection Act of 1999, the Commission shall send a notice to 
        the licensees of all low-power television licenses that 
        describes the requirements for Class A designation. Within 60 
        days after the date of enactment of the Community Broadcasters 
        Protection Act of 1999, licensees intending to seek Class A 
        designation shall submit to the Commission a certification of 
        eligibility based on the qualification requirements of this 
        Act. Absent a material deficiency, the Commission shall grant 
        certification of eligibility to apply for Class A status. The 
        Commission shall act to preserve the contours of low-power 
        television licensees pending the final resolution of a Class A 
        application. Under the requirements set forth in paragraph (2) 
        (A) and (B) and paragraph (6) of this subsection, a licensee 
        may submit an application for Class A designation under this 
        paragraph only within 30 days after final regulations are 
        adopted, except as provided for in paragraph (6)(A). The 
        Commission shall, within 30 days after receipt of an 
        application that is acceptable for filing, award such a Class A 
        television station license to any licensee of a qualifying low-
        power television station. If, after granting certification of 
        eligibility or a Class A license, unforeseen technical problems 
        arise that require an engineering solution to a station's 
        allotted parameters or channel assignment in the digital 
        television Table of Allotments, the Commission may make such 
        modifications as are necessary to ensure replication of the 
        digital television applicant's service area as provided for in 
        section 622 of the Commission's regulations (47 CFR 602).
            ``(2) Qualifying low-power television stations.--For 
        purposes of this subsection, a station is a qualifying low-
        power television station if:
                    ``(A) during the 90 days preceding the date of 
                enactment of the Community Broadcasters Protection Act 
                of 1999:
                            ``(i) such station broadcast a minimum of 
                        18 hours per day;
                            ``(ii) such station broadcast an average of 
                        at least 3 hours per week of programming that 
                        was produced within the market area served by 
                        such station, or the market area served by a 
                        group of commonly controlled stations that 
                        carry common local programming not otherwise 
                        available to their communities; and
                            ``(iii) such station was in compliance with 
                        the Commission's requirements applicable to 
                        low-power television stations; and
                    ``(B) from and after the date of its application 
                for a Class A license, the station is in compliance 
                with the Commission's operating rules for full power 
                television stations; or
                    ``(C) the Commission determines that the public 
                interest, convenience, and necessity would be served by 
                treating the station as a qualifying low-power 
                television station for purposes of this section, or for 
                other reasons determined by the Commission.
            ``(3) Common ownership.--No low-power television station 
        that is authorized as of the date of enactment of the Community 
        Broadcasters Protection Act of 1999 shall be disqualified for a 
        class A license based on common ownership with any medium of 
        mass communication.
            ``(4) Issuance of licenses for advanced television services 
        to qualifying low-power television stations.--The Commission is 
        not required to issue any additional licenses for advanced 
        television services to the licensees of the class A television 
        stations but shall accept such license applications proposing 
        facilities that will not cause interference to any other 
        broadcast facility authorized on the date of filing of the 
        Class A advanced television applications. Such new license or 
        the original license of the applicant shall be forfeited at the 
        end of the digital television transition. Low-power television 
        station licensees may, at the option of licensee, elect to 
        convert to the provision of advanced television services on its 
        analog channel, but shall not be required to convert to digital 
        operation until the end of the digital television transition.
            ``(5) No preemption of section 337.--Nothing in this 
        section preempts section 337 of this Act.
            ``(6) Interim qualification.--
                    ``(A) Stations operating within certain 
                bandwidth.--The Commission may not grant a Class A 
                license to a low power television station operating 
                between 698 and 806 megahertz, but the Commission shall 
                provide to low power television stations assigned to 
                and temporarily operating in that bandwidth the 
                opportunity to meet the qualification requirements for 
                a Class A license. When such a qualified applicant for 
                a Class A license is assigned a channel within the core 
                spectrum, the Commission shall simultaneously issue a 
                Class A license.
                    ``(B) Certain channels off-limits.--The Commission 
                may not grant a channel within the core spectrum under 
                this subsection that includes any of the 175 additional 
                channels referenced in paragraph 45 of its February 23, 
                1998, Memorandum Opinion and Order on Reconsideration 
                of the Sixth Report and Order: MM Docket No. 87-268. 
                Within 18 months after the date of enactment of the 
                Community Broadcasters Protection Act of 1999, the 
                Commission shall identify by channel, location, and 
                applicable technical parameters those 175 channels.
            ``(7) No interference requirement.--The Commission may not 
        grant a Class A license or approve a modification of a Class A 
        license unless the applicant or licensee shows that the Class A 
        station for which the license or modification is sought will 
        not cause:
                    ``(A) interference within the Grade B contour of 
                any television station (as of the date of enactment of 
                the Community Broadcasters Protection Act of 1999, or 
                as proposed in a minor change application filed on or 
                before such date) or the digital television service 
                areas provided in the digital television Table of 
                Allotments, or subsequently granted by the Commission 
                prior to the filing of a Class A application;
                    ``(B) interference within the protected contour of 
                any low power television station or low power 
                television translator station licensed, authorized by 
                construction permit, or with a pending application 
                submitted prior to the date on which the application 
                for a Class A license, or for the modification of such 
                a license, was filed; or
                    ``(C) interference within the protected contour of 
                80 miles from the geographic center of the areas listed 
                in section 22.625(b)(1) or 90.303 of the Commission's 
                regulations (47 C.F.R. 22.625(b)(1) and 90.303) for 
                frequencies in:
                            ``(i) the 470-512 megahertz bank identified 
                        in section 22.621 or 90.303 of such 
                        regulations; or
                            ``(ii) the 482-488 megahertz band in New 
                        York.''.
    (b) Section 614 of the Communications Act of 1934 (47 U.S.C. 533) 
is amended:
            ``(1) by inserting the following in subsection (h)(2)(F) 
        after the first sentence: `A television broadcast station shall 
        not lose its status as a qualified low power station because a 
        full power television station is subsequently licensed to a 
        community within the county or other equivalent political 
        subdivision served by the cable system or because a full power 
        television station subsequently begins to provide local news 
        and information to the community.'.''

SEC. 4. COMPETITIVE BIDDING EXCEPTIONS.

    Section 309(j)(2) of the Communications Act of 1934 (47 U.S.C. 
309(j)(2)) is amended:
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) for low power television stations if at least 
                one of the mutually exclusive applicants qualifies as a 
                Class A licensee. Under such circumstances:
                            ``(i) if only one of the mutually exclusive 
                        applicants qualifies as a Class A licensee, the 
                        Commission shall assign the license to that 
                        applicant;
                            ``(ii) if more than one of the mutually 
                        exclusive applicants qualify as Class A 
                        licensees, the Commission shall assign the 
                        license to an applicant who serves an 
                        underserved area or population. An area or 
                        population is underserved if:
                                    ``(I) at least 25 percent of the 
                                area within the station's primary 
                                service contour does not receive 
                                primary service from more than two 
                                commercial television stations licensed 
                                under part 73 of title 47 of the Code 
                                of Federal Regulations; or
                                    ``(II) the station's programming is 
                                broadcast in a foreign language that is 
                                spoken by a significant proportion of 
                                population within the station's primary 
                                service contour;
                            ``(iii) if more than one applicant 
                        primarily broadcasts programming to underserved 
                        areas or populations, or more than one 
                        applicant is a Class A licensee and no 
                        applicant primarily broadcasts programming to 
                        underserved areas or populations, then the 
                        Commission shall notify affected parties and 
                        provide them with no fewer than 60 days to 
                        develop an engineering solution so that the 
                        applications are not mutually exclusive. If the 
                        applicants do not reach an engineering solution 
                        to resolve mutual exclusivity, the Commission 
                        shall establish a bidding credit which 
                        encourages, to the extent possible, localism, 
                        diversity of programming, and programming for 
                        underserved communities.''.

Ex Output:

Community Broadcasters Protection Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations.  Requires notification of LPT licensees of the requirements for class A designation.  Requires requesting licensees to submit to the FCC a certification of eligibility based on the requirements of this Act.  Requires the FCC to: (1) grant such certification absent a material deficiency; and (2) act to preserve the contours of LPT stations pending final resolution of such applications. Allows an LPT station to submit an application for class A designation only within 30 days after final regulations are adopted. 
Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming not otherwise available to their communities; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations.  Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. 
Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of the filing of the class A advanced television application. 
States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses. 
Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements.