Low Power Protection Act

Low Power Protection Act

This act provides for a one-year period during which eligible low-power television stations may apply to the Federal Communications Commission (FCC) for Class A licenses. To be eligible, a station must serve a media market with a limited number of television households, broadcast a minimum number of hours, and meet other requirements.

A low-power station with a Class A license obtains certain broadcast rights, including primary status with respect to its allocation of the electromagnetic spectrum. (Typically, low-power stations have secondary status and may be displaced from their spectrum in the event the FCC reallocates it to a primary user.)

[117th Congress Public Law 344]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6193]]

Public Law 117-344
117th Congress

                                 An Act


 
    To require the Federal Communications Commission to issue a rule 
  providing that certain low power television stations may be accorded 
     primary status as Class A television licensees, and for other 
             purposes. <<NOTE: Jan. 5, 2023 -  [S. 3405]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Low Power 
Protection Act. 47 USC 336 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Low Power Protection Act''.
SEC. 2. LOW POWER TV STATIONS.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal Communications 
        Commission;
            (2) the term ``Designated Market Area'' means--
                    (A) a Designated Market Area determined by Nielsen 
                Media Research or any successor entity; or
                    (B) a Designated Market Area under a system of 
                dividing television broadcast station licensees into 
                local markets using a system that the Commission 
                determines is equivalent to the system established by 
                Nielsen Media Research; and
            (3) the term ``low power TV station'' has the meaning given 
        the term ``digital low power TV station'' in section 74.701 of 
        title 47, Code of Federal Regulations, or any successor 
        regulation.

    (b) Purpose.--The purpose of this section is to provide low power TV 
stations with a limited window of opportunity to apply for the 
opportunity to be accorded primary status as Class A television 
licensees.
    (c) Rulemaking.--
            (1) In general.-- <<NOTE: Deadline. Notice.>> Not later than 
        90 days after the date of enactment of this Act, the Commission 
        shall issue a notice of proposed rulemaking to issue a rule that 
        contains the requirements described in this subsection.
            (2) Requirements.--
                    (A) In general.-- <<NOTE: Time period.>> The rule 
                with respect to which the Commission is required to 
                issue notice under paragraph (1) shall provide that, 
                during the 1-year period beginning on the date on which 
                that rule takes effect, a low power TV station may apply 
                to the Commission to be accorded primary status as a 
                Class A television licensee under section 73.6001 of 
                title 47, Code of Federal Regulations, or any successor 
                regulation.

[[Page 136 STAT. 6194]]

                    (B) Considerations.--The Commission may approve an 
                application submitted under subparagraph (A) if the low 
                power TV station submitting the application--
                          (i) satisfies--
                                    (I) <<NOTE: Time period.>> section 
                                336(f)(2) of the Communications Act of 
                                1934 (47 U.S.C. 336(f)(2)) and the rules 
                                issued under that section, including the 
                                requirements under such section 
                                336(f)(2) with respect to locally 
                                produced programming, except that, for 
                                the purposes of this subclause, the 
                                period described in the matter preceding 
                                subclause (I) of subparagraph (A)(i) of 
                                such section 336(f)(2) shall be 
                                construed to be the 90-day period 
                                preceding the date of enactment of this 
                                Act; and
                                    (II) paragraphs (b), (c), and (d) of 
                                73.6001 of title 47, Code of Federal 
                                Regulations, or any successor 
                                regulation;
                          (ii) demonstrates to the Commission that the 
                      Class A station for which the license is sought 
                      will not cause any interference described in 
                      section 336(f)(7) of the Communications Act of 
                      1934 (47 U.S.C. 336(f)(7)); and
                          (iii) as of the date of enactment of this Act, 
                      operates in a Designated Market Area with not more 
                      than 95,000 television households.
            (3) Applicability of license.--A license that accords 
        primary status as a Class A television licensee to a low power 
        TV station as a result of the rule with respect to which the 
        Commission is required to issue notice under paragraph (1) 
        shall--
                    (A) be subject to the same license terms and renewal 
                standards as a license for a full power television 
                broadcast station, except as otherwise expressly 
                provided in this subsection; and
                    (B) require the low power TV station to remain in 
                compliance with paragraph (2)(B) during the term of the 
                license.

    (d) Reporting.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report regarding the 
implementation of this section, which shall include--
            (1) <<NOTE: List.>>  a list of the current, as of the date 
        on which the report is submitted, licensees that have been 
        accorded primary status as Class A television licensees; and
            (2) of the licensees described in paragraph (1), an 
        identification of each such licensee that has been accorded the 
        status described in that paragraph because of the implementation 
        of this section.

    (e) Rule of Construction.--Nothing in this section may be construed 
to affect a decision of the Commission relating to completion of the 
transition, relocation, or reimbursement of entities as a result of the 
systems of competitive bidding conducted pursuant to title VI of the 
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et 
seq.), and the amendments made by

[[Page 136 STAT. 6195]]

that title, that are collectively commonly referred to as the 
``Television Broadcast Incentive Auction''.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 3405:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 21, considered and passed Senate.
            Dec. 22, considered and passed House.

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