[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6533 Received in Senate (RDS)]
111th CONGRESS
2d Session
H. R. 6533
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2010
Received
_______________________________________________________________________
AN ACT
To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service, and
for other purposes.
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 2010''.
SEC. 2. AMENDMENT.
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 amended to read as follows:
``Sec. 632. (a) The Federal Communications Commission shall 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 section 301
of the Communications Act of 1934 (47 U.S.C. 301).
``(b) Any license that was issued by the Federal Communications
Commission to a low-power FM station prior to April 2, 2001, and that
does not comply with the modifications adopted by the Commission in MM
Docket No. 99-25 on April 2, 2001, shall remain invalid.''.
SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
(a) In General.--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.
(b) Restriction.--
(1) In general.--The Federal Communications Commission
shall not amend its rules to reduce the minimum co-channel and
first- and second-adjacent channel distance separation
requirements in effect on the date of enactment of this Act
between--
(A) low-power FM stations; and
(B) full-service FM stations.
(2) Waiver.--
(A) In general.--Notwithstanding paragraph (1), the
Federal Communications Commission may grant a waiver of
the second-adjacent channel distance separation
requirement to low-power FM stations that establish,
using methods of predicting interference taking into
account all relevant factors, including terrain-
sensitive propagation models, that their proposed
operations will not result in interference to any
authorized radio service.
(B) Requirements.--
(i) Suspension.--Any low-power FM station
that receives a waiver under subparagraph (A)
shall be required to suspend operation
immediately upon notification by the Federal
Communications Commission that it is causing
interference to the reception of an existing or
modified full-service FM station without regard
to the location of the station receiving
interference.
(ii) Elimination of interference.--A low-
power FM station described in clause (i) shall
not resume operation until such interference
has been eliminated or it can demonstrate to
the Federal Communications Commission that the
interference was not due to emissions from the
low-power FM station, except that such station
may make short test transmissions during the
period of suspended operation to check the
efficacy of remedial measures.
(iii) Notification.--Upon receipt of a
complaint of interference from a low-power FM
station operating pursuant to a waiver
authorized under subparagraph (A), the Federal
Communications Commission shall notify the
identified low-power FM station by telephone or
other electronic communication within 1
business day.
SEC. 4. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall 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. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.
The Federal Communications Commission, when licensing new FM
translator stations, FM booster stations, and low-power FM stations,
shall ensure that--
(1) licenses are available to FM translator stations, FM
booster stations, and low-power FM stations;
(2) such decisions are made based on the needs of the local
community; and
(3) FM translator stations, FM booster stations, and low-
power FM stations remain equal in status and secondary to
existing and modified full-service FM stations.
SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS.
The Federal Communications Commission shall modify its rules to
address the potential for predicted interference to FM translator input
signals on third-adjacent channels set forth in section 2.7 of the
technical report entitled ``Experimental Measurements of the Third-
Adjacent Channel Impacts of Low-Power FM Stations, Volume One--Final
Report (May 2003)''.
SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.
The Federal Communications Commission shall modify the interference
complaint process described in section 73.810 of its rules (47 CFR
73.810) as follows:
(1) With respect to those low-power FM stations licensed at
locations that do not satisfy third-adjacent channel spacing
requirements under section 73.807 of the Commission's rules (47
CFR 73.807), the Federal Communications Commission shall
provide the same interference protections that FM translator
stations and FM booster stations are required to provide as set
forth in section 74.1203 of its rules (47 CFR 74.1203) as in
effect on the date of enactment of this Act.
(2) For a period of 1 year after a new low-power FM station
is constructed on a third-adjacent channel, such low-power FM
station shall be required to broadcast periodic announcements
that alert listeners that interference that they may be
experiencing could be the result of the operation of such low-
power FM station on a third-adjacent channel and shall instruct
affected listeners to contact such low-power FM station to
report any interference. The Federal Communications Commission
shall require all newly constructed low-power FM stations on
third-adjacent channels to--
(A) notify the Federal Communications Commission
and all affected stations on third-adjacent channels of
an interference complaint by electronic communication
within 48 hours after the receipt of such complaint;
and
(B) cooperate in addressing any such interference.
(3) Low-power FM stations on third-adjacent channels shall
be required to address complaints of interference within the
protected contour of an affected station and shall be
encouraged to address all other interference complaints,
including complaints to the Federal Communications Commission
based on interference to a full-service FM station, an FM
translator station, or an FM booster station by the transmitter
site of a low-power FM station on a third-adjacent channel at
any distance from the full-service FM station, FM translator
station, or FM booster station. The Federal Communications
Commission shall provide notice to the licensee of a low-power
FM station of the existence of such interference within 7
calendar days of the receipt of a complaint from a listener or
another station.
(4) To the extent possible, the Federal Communications
Commission shall grant low-power FM stations on third-adjacent
channels the technical flexibility to remediate interference
through the colocation of the transmission facilities of the
low-power FM station and any stations on third-adjacent
channels.
(5) The Federal Communications Commission shall--
(A) permit the submission of informal evidence of
interference, including any engineering analysis that
an affected station may commission;
(B) accept complaints based on interference to a
full-service FM station, FM translator station, or FM
booster station by the transmitter site of a low-power
FM station on a third-adjacent channel at any distance
from the full-service FM station, FM translator
station, or FM booster station; and
(C) accept complaints of interference to mobile
reception.
(6) The Federal Communications Commission shall for full-
service FM stations that are licensed in significantly
populated States with more than 3,000,000 population and a
population density greater than 1,000 people per one square
mile land area, require all low-power FM stations licensed
after the date of enactment of this Act and located on third-
adjacent, second-adjacent, first-adjacent, or co-channels to
such full-service FM stations, to provide the same interference
remediation requirements to complaints of interference, without
regard to whether such complaints of interference occur within
or outside of the protected contour of such stations, under the
same interference complaint and remediation procedures that FM
translator stations and FM booster stations are required to
provide to full-service stations as set forth in section
74.1203 of its rules (47 CFR 74.1203) as in effect on the date
of enactment of this Act. Notwithstanding the provisions of
section 74.1203, no interference that arises outside the
relevant distance for the full-service station class specified
in the first column titled ``required'' for ``Co-channel
minimum separation (km)'' in the table listed in section
73.807(a)(1) of the Commission's rules (47 CFR 73.807(a)(1))
shall require remediation.
SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-SERVICE
COMMERCIAL FM STATIONS.
(a) In General.--The Federal Communications Commission shall
conduct an economic study on the impact that low-power FM stations will
have on full-service commercial FM stations.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Federal Communications Commission shall submit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives on the study conducted under subsection (a).
(c) Licensing Not Affected by Study.--Nothing in this section shall
affect the licensing of new low-power FM stations as otherwise
permitted under this Act.
Passed the House of Representatives December 17, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.