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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Communications Facilities Deployment
on Federal Property Act of 2018''.

SEC. 2. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.

(a) In General.--Section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455) is amended--
(1) in the heading, by striking ''wireless'' and inserting
''communications''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
''(b) Federal Easements, Rights-of-Way, and Leases.--
''(1) Grant.--If an entity applies for the grant of an
easement, right-of-way, or lease to, in, over, or on a building
or other property owned by the Federal Government for the right
to install, construct, modify, or maintain a communications
facility installation, the executive agency that is authorized
to grant such easement, right-of-way, or lease for the building
or other property may grant to the applicant an easement,
right-of-way, or lease to perform such installation,
construction, modification, or maintenance.
''(2) Application forms.--Not later than 30 days after the
date of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the Administrator
of General Services shall develop a required common form for
applications for easements, rights-of-way, or leases under
paragraph (1). An executive agency may not require an applicant
under paragraph (1) to use any form for submitting the
application other than the common form developed by the
Administrator of General Services under this paragraph and may
not require any significant information beyond the information
required by such common form.
''(3) Common fees.--
''(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after the date
of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the
Administrator of General Services shall establish a
common fee for the processing of applications under
paragraph (1) and subsection (c).
''(B) Fee guidelines.--The application fees
established pursuant to subparagraph (A) shall be--
''(i) based on direct and actual cost
recovery; and
''(ii) competitively neutral with regard to
other users of the building or other property
owned by the Federal Government.
''(C) Exceptions.--The Administrator of General
Services may establish exceptions to the fee amount
required under subparagraph (A)--
''(i) in consideration of the public
benefit provided by a grant of an easement,
right-of-way, or lease; and
''(ii) in the interest of expanding
wireless and broadband coverage.
''(4) Use of fees collected.--Any fee collected by an
executive agency pursuant to paragraph (3) may be made
available, as provided in appropriations Acts, to such agency
to cover the costs of granting the easement, right-of-way, or
lease.
''(c) Master Contracts for Communications Facility Installation
Sitings.--
''(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
151) or any other provision of law, not later 30 days after the
date of the enactment of the Communications Facilities
Deployment on Federal Property Act of 2018, the Administrator
of General Services shall--
''(A) develop one or more master contracts that
shall govern the placement of a communications facility
installation on a building or other property owned by
the Federal Government, which shall include offers of
lease terms for the communications facility
installation of not less than 10 years with automatic
lease renewals; and
''(B) in developing the master contract or
contracts, standardize the treatment of the placement
of a communications facility installation on a building
rooftop or facade, the placement of a communications
facility installation on a rooftop or inside a
building, the technology used in connection with a
communications facility installation placed on a
Federal building and other property, and any other key
issues the Administrator of General Services considers
appropriate.
''(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible buildings
and other property owned by the Federal Government. An
executive agency may not enter into a contract governing the
placement of a communications facility installation on a
building or other property to which such a master contract
applies, unless the contract entered into by the agency is
consistent with, and does not contain any significant terms
beyond the terms contained in, such master contract.
''(d) Definitions.--In this section:
''(1) Communications facility installation.--The term
'communications facility installation' includes--
''(A) any infrastructure, including any
transmitting device, tower, or support structure, and
any equipment, switches, wiring, cabling, power
sources, shelters, or cabinets, associated with the
licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, or sounds of all kinds; and
''(B) any antenna or apparatus that--
''(i) is designed for the purpose of
emitting or receiving radio frequency;
''(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission or is using
duly authorized devices that do not require
individual licenses; and
''(iii) is added to a tower, building, or
other structure.
''(2) Executive agency.--The term 'executive agency' has
the meaning given such term in section 102 of title 40, United
States Code.''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 30 days after the date of the enactment of this Act.
(c) Effect on Existing Applications.--An application for an
easement, right-of-way, or lease that was made or granted under section
6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) before the effective date of this Act shall continue,
subject to such section as in effect on the day before such effective
date.
[A]: Communications Facilities Deployment on Federal Property Act of 2018 This bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to require the General Services Administration (GSA) to create a common form and to establish a common processing fee for applications for easements, rights-of-way, and leases relating to communications facility installations on federal property. The GSA must develop a master contract for the placement of communications facility installations on federal property.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Internet Tax Nondiscrimination
Act''.
SEC. 2. FOUR-YEAR EXTENSION OF INTERNET TAX MORATORIUM.
(a) In General.--Subsection (a) of section 1101 of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended to read as follows:
''(a) Moratorium.--No State or political subdivision thereof may
impose any of the following taxes during the period beginning November
1, 2003, and ending November 1, 2007:
''(1) Taxes on Internet access.
''(2) Multiple or discriminatory taxes on electronic
commerce.''.
(b) Conforming Amendments.--(1) Section 1101 of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended by striking subsection (d)
and redesignating subsections (e) and (f) as subsections (d) and (e),
respectively.
(2) Section 1104(10) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended to read as follows:
''(10) Tax on internet access.--
''(A) In general.--The term 'tax on Internet access' means
a tax on Internet access, regardless of whether such tax is
imposed on a provider of Internet access or a buyer of Internet
access and regardless of the terminology used to describe the
tax.
''(B) General exception.--The term 'tax on Internet access'
does not include a tax levied upon or measured by net income,
capital stock, net worth, or property value.''.
(3) Section 1104(2)(B)(i) of the Internet Tax Freedom Act (47
U.S.C. 151 note) is amended by striking ''except with respect to a tax
(on Internet access) that was generally imposed and actually enforced
prior to October 1, 1998,''.
(c) Internet Access Service; Internet Access.--
(1) Internet access service.--Paragraph (3)(D) of section
1101(d) (as redesignated by subsection (b)(1) of this section) of
the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by
striking the second sentence and inserting ''The term 'Internet
access service' does not include telecommunications services,
except to the extent such services are purchased, used, or sold by
a provider of Internet access to provide Internet access.''.
(2) Internet access.--Section 1104(5) of that Act is amended by
striking the second sentence and inserting ''The term 'Internet
access' does not include telecommunications services, except to the
extent such services are purchased, used, or sold by a provider of
Internet access to provide Internet access.''.
SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.
The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
(1) by redesignating section 1104 as section 1105; and
(2) by inserting after section 1103 the following:

''SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.

''(a) Pre-October 1998 Taxes.--
''(1) In general.--Section 1101(a) does not apply to a tax on
Internet access that was generally imposed and actually enforced
prior to October 1, 1998, if, before that date--
''(A) the tax was authorized by statute; and
''(B) either--
''(i) a provider of Internet access services had a
reasonable opportunity to know, by virtue of a rule or
other public proclamation made by the appropriate
administrative agency of the State or political subdivision
thereof, that such agency has interpreted and applied such
tax to Internet access services; or
''(ii) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
''(2) Termination.--
''(A) In general.--Except as provided in subparagraph (B),
this subsection shall not apply after November 1, 2007.
''(B) State telecommunications service tax.--
''(i) Date for termination.--This subsection shall not
apply after November 1, 2006, with respect to a State
telecommunications service tax described in clause (ii).
''(ii) Description of tax.--A State telecommunications
service tax referred to in subclause (i) is a State tax--

''(I) enacted by State law on or after October 1,
1991, and imposing a tax on telecommunications service;
and
''(II) applied to Internet access through
administrative code or regulation issued on or after
December 1, 2002.''.

''(b) Pre-November 2003 Taxes.--
''(1) In general.--Section 1101(a) does not apply to a tax on
Internet access that was generally imposed and actually enforced as
of November 1, 2003, if, as of that date, the tax was authorized by
statute and--
''(A) a provider of Internet access services had a
reasonable opportunity to know by virtue of a public rule or
other public proclamation made by the appropriate
administrative agency of the State or political subdivision
thereof, that such agency has interpreted and applied such tax
to Internet access services; and
''(B) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
''(2) Termination.--This subsection shall not apply after
November 1, 2005.''.

SEC. 4. ACCOUNTING RULE.

The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by
adding at the end the following:

''SEC. 1106. ACCOUNTING RULE.

''(a) In General.--If charges for Internet access are aggregated
with and not separately stated from charges for telecommunications
services or other charges that are subject to taxation, then the
charges for Internet access may be subject to taxation unless the
Internet access provider can reasonably identify the charges for
Internet access from its books and records kept in the regular course
of business.
''(b) Definitions.--In this section:
''(1) Charges for internet access.--The term 'charges for
Internet access' means all charges for Internet access as defined
in section 1105(5).
''(2) Charges for telecommunications services.--The term
'charges for telecommunications services' means all charges for
telecommunications services, except to the extent such services are
purchased, used, or sold by a provider of Internet access to
provide Internet access.''.

SEC. 5. EFFECT ON OTHER LAWS.

The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 4, is amended by adding at the end the following:

''SEC. 1107. EFFECT ON OTHER LAWS.

''(a) Universal Service.--Nothing in this Act shall prevent the
imposition or collection of any fees or charges used to preserve and
advance Federal universal service or similar State programs--
''(1) authorized by section 254 of the Communications Act of
1934 (47 U.S.C. 254); or
''(2) in effect on February 8, 1996.
''(b) 911 and E-911 Services.--Nothing in this Act shall prevent
the imposition or collection, on a service used for access to 911 or E-
911 services, of any fee or charge specifically designated or presented
as dedicated by a State or political subdivision thereof for the
support of 911 or E-911 services if no portion of the revenue derived
from such fee or charge is obligated or expended for any purpose other
than support of 911 or E-911 services.
''(c) Non-Tax Regulatory Proceedings.--Nothing in this Act shall be
construed to affect any Federal or State regulatory proceeding that is
not related to taxation.''.
SEC. 6. EXCEPTION FOR VOICE AND OTHER SERVICES OVER THE INTERNET.
The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 5, is amended by adding at the end the following:

''SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET.

''Nothing in this Act shall be construed to affect the imposition
of tax on a charge for voice or similar service utilizing Internet
Protocol or any successor protocol. This section shall not apply to any
services that are incidental to Internet access, such as voice-capable
e-mail or instant messaging.''.

SEC. 6A. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 6, is amended by adding at the end the following:

''SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

''Nothing in this Act shall prohibit Texas or a political
subdivision thereof from imposing or collecting the Texas municipal
access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon
2005) and the definition of access line as determined by the Public
Utility Commission of Texas in its 'Order Adopting Amendments to
Section 26.465 As Approved At The February 13, 2003 Public Hearing',
issued March 5, 2003, in Project No. 26412.''.
SEC. 7. GAO STUDY OF EFFECTS OF INTERNET TAX MORATORIUM ON STATE AND
LOCAL GOVERNMENTS AND ON BROADBAND DEPLOYMENT.
The Comptroller General shall conduct a study of the impact of the
Internet tax moratorium, including its effects on the revenues of State
and local governments and on the deployment and adoption of broadband
technologies for Internet access throughout the United States,
including the impact of the Internet Tax Freedom Act (47 U.S.C. 151
note) on build-out of broadband technology resources in rural
underserved areas of the country. The study shall compare deployment
and adoption rates in States that tax broadband Internet access service
with States that do not tax such service, and take into account other
factors to determine whether the Internet Tax Freedom Act has had an
impact on the deployment or adoption of broadband Internet access
services. The Comptroller General shall report the findings,
conclusions, and any recommendations from the study to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce no later than November
1, 2005.

SEC. 8. EFFECTIVE DATE.

The amendments made by this Act take effect on November 1, 2003.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
[A]: Internet Tax Nondiscrimination Act - (Sec. 2) Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2007.

Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value.

Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to provide Internet access.

(Sec. 3) Extends: (1) through November 1, 2007, the Internet access taxing authority of States that had a tax on Internet access prior to October 1, 1998; and (2) through November 1, 2005, the Internet access taxing authority of States that had a tax on Internet access as of November 1, 2003.

Terminates after November 1, 2006, the authority of a State to tax Internet access with respect to a State telecommunications service tax: (1) enacted by State law on or after October 1, 1991, and imposing a tax on telecommunications service; and (2) applied to Internet access through administrative code or regulation issued on or after December 1, 2002.

(Sec. 4) Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records.

(Sec. 5) Specifies that nothing in this Act shall prevent the imposition of fees to preserve and advance Federal universal service (or similar State programs) or 911 or E-911 services.

(Sec. 6) Specifies that nothing in this Act shall be construed to affect any Federal or state regulatory proceeding that is not related to taxation or the imposition of a tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol (except for services that are incidental to Internet access, such as voice-capable e-mail or instant messaging).

(Sec. 6A) Exempts the State of Texas, or its political subdivisions, from the Internet tax moratorium with respect to the imposition or collection of the Texas municipal access line fee.

(Sec. 7) Directs the Comptroller General to study and report to specified congressional committees on the impact of the Internet tax moratorium on State and local government revenues and on the deployment and adoption of broadband technologies for Internet access throughout the United States.

[Q]: 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.''.
[A]:
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.