Local Community Radio Act of 2009 - (Sec. 2) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 to require the Federal Communications Commission (FCC) to modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to: (1) prescribe protection for co-channels and first- and second-adjacent channels; and (2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of the Communications Act of 1934. (Current law is the same, except that clause (1) instead requires prescribing minimum distance separations for third-adjacent channels, as well as for co-channels and first- and second-adjacent channels.)
States that any license that was issued by the FCC to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in the above docket on April 2, 2001, shall remain invalid.
Eliminates provisions prohibiting the FCC from extending the eligibility for application for low-power FM stations beyond the organizations and entities as proposed in the above docket.
(Sec. 3) Requires the FCC to eliminate third-adjacent minimum distance separation requirements between: (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations.
(Sec. 4) Requires the FCC to comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations.
(Sec. 5) Requires the FCC, when licensing new FM translator stations, FM booster stations, and low-power FM stations, to ensure that: (1) licenses are available to FM translator stations, FM booster stations, and low-power FM stations; and (2) such decisions are made based on the needs of the local community.
(Sec. 6) Requires the FCC to modify its rules to address the potential for predicted interference to FM translator input signals on third-adjacent channels set forth in a specified technical report.
(Sec. 7) Requires the FCC to modify the interference complaint process in specified ways.
(Sec. 8) Requires the FCC to study and report to Congress on the impact that low-power FM stations will have on full-service commercial FM stations.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1147 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1147
To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2009
Mr. Doyle (for himself, Mr. Terry, Ms. Eshoo, Ms. Zoe Lofgren of
California, Mr. Wilson of South Carolina, Ms. Kilpatrick of Michigan,
Mr. Hastings of Florida, Ms. Moore of Wisconsin, Mr. Paul, Mr. Brady of
Pennsylvania, Mr. Tim Murphy of Pennsylvania, Ms. Schwartz, Mr. Payne,
Mr. Hinojosa, Mr. Johnson of Illinois, Mr. Delahunt, Mr. Capuano, Mrs.
McMorris Rodgers, Mrs. Blackburn, and Ms. Baldwin) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Community Radio Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led
to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce,
Science, and Transportation on June 4, 2003, all 5 members of
the Federal Communications Commission testified that there has
been, in at least some local radio markets, too much
consolidation.
(3) As a result of consolidation of media ownership, there
have been strong financial incentives for companies to reduce
local programming and rely instead on syndicated programming
produced for hundreds of stations. A renewal of commitment to
localism--local operations, local research, local management,
locally originated programming, local artists, and local news
and events--would bolster radio's service to the public.
(4) Local communities have sought to launch radio stations
to meet their local needs. However, due to the scarce amount of
spectrum available and the high cost of buying and running a
large station, many local communities are unable to establish a
radio station.
(5) In 2003, the average cost to acquire a commercial radio
station was more than $2,500,000.
(6) In January 2000, the Federal Communications Commission
authorized a new, affordable community radio service called
``low-power FM'' or ``LPFM'' to ``enhance locally focused
community-oriented radio broadcasting''.
(7) Through the creation of LPFM, the Commission sought to
``create opportunities for new voices on the air waves and to
allow local groups, including schools, churches, and other
community-based organizations, to provide programming
responsive to local community needs and interests''.
(8) The Commission made clear that the creation of LPFM
would not compromise the integrity of the FM radio band by
stating, ``We are committed to creating a low-power FM radio
service only if it does not cause unacceptable interference to
existing radio service.''.
(9) Currently, FM translator stations can operate on the
second- and third-adjacent channels to full power radio
stations, up to an effective radiated power of 250 watts,
pursuant to part 74 of title 47, Code of Federal Regulations,
using the very same transmitters that LPFM stations will use.
The Commission based its LPFM rules on the actual performance
of these translators that already operate without undue
interference to FM stations. The actual interference record of
these translators is far more useful than any results that
further testing could yield.
(10) Small rural broadcasters were particularly concerned
about a lengthy and costly interference complaint process.
Therefore, in September 2000, the Commission created a simple
process to address interference complaints regarding LPFM
stations on an expedited basis.
(11) In December 2000, Congress delayed the full
implementation of LPFM until an independent engineering study
was completed and reviewed. This delay was due to some
broadcasters' concerns that LPFM service would cause
interference in the FM band.
(12) The delay prevented millions of Americans from having
a locally operated, community-based radio station in their
neighborhood.
(13) Over 800 LPFM stations were allowed to proceed despite
the congressional action. These stations are currently on the
air and are run by local government agencies, groups promoting
arts and education to immigrant and indigenous peoples,
artists, schools, religious organizations, environmental
groups, organizations promoting literacy, and many other
civically oriented organizations.
(14) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars to conduct this study, the broadcasters'
concerns were demonstrated to be unsubstantiated.
(15) The FCC issued a report to Congress on February 19,
2004, which stated that ``Congress should readdress this issue
and modify the statute to eliminate the third-adjacent channel
distance separation requirement for LPFM stations.''.
(16) On November 27, 2007, the FCC again unanimously
affirmed LPFM, stating in a news release about the passage of
the Third Report and Order and Second Notice of Proposed
Rulemaking that the Commission: ``Recommends to Congress that
it remove the requirement that LPFM stations protect full-power
stations on operating on the third-adjacent channels.'' Five
years after the release of the FCC's report and recommendation,
this recommendation has still not been acted upon.
(17) Minorities represent almost a third of our population.
However, according to the Federal Communication Commission's
most recent Form 323 data on the race and gender of full power,
commercial broadcast licensees, minorities own only 7 percent
of all local television and radio stations. Women represent
more than half of the population, but own only 6 percent of all
local television and radio stations. LPFM stations, while not a
solution to the overall inequalities in minority and female
broadcast ownership, provide an additional opportunity for
underrepresented communities to operate a station and provide
local communities with a greater diversity of viewpoints and
culture.
(18) LPFM stations have proven to be a vital source of
information during local or national emergencies. Out of the
few stations that were able to stay online during Katrina,
several were LPFM stations. In Bay St. Louis, Mississippi, LPFM
station WQRZ remained on the air during Hurricane Katrina and
served as the Emergency Operations Center for Hancock County.
Additionally, after Hurricane Katrina when thousands of
evacuees temporarily housed at the Houston Astrodome were
unable to hear information about the availability of food and
ice, the location of FEMA representatives, and the whereabouts
of missing loved ones over the loud speakers, volunteers handed
out thousands of transistor radios and established a LPFM
station outside the Astrodome to broadcast such information.
SEC. 3. REPEAL OF PRIOR LAW.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is repealed.
SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 5. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.
SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.
The Federal Communications Commission when licensing FM translator
stations shall ensure--
(1) that licenses are available to both FM translator
stations and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community.
<all>
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications, Technology, and the Internet.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-375.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-375.
Placed on the Union Calendar, Calendar No. 220.
Mr. Boucher moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H14903-14907)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 1147.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Boucher objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business. (consideration: CR H15473)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 12/15/2009 H14903)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 12/15/2009 H14903)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Commerce, Science, and Transportation.