[Senate Report 110-271]
[From the U.S. Government Publishing Office]
Calendar No. 591
110th Congress Report
2d Session SENATE 110-271
_______________________________________________________________________
LOCAL COMMUNITY RADIO ACT OF 2007
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1675
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 4, 2008.--Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
69-010 PDF WASHINGTON DC: 2008
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota GORDON H. SMITH, Oregon
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
MARK PRYOR, Arkansas JOHN THUNE, South Dakota
THOMAS CARPER, Delaware ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 591
110th Congress Report
2d Session SENATE 110-271
======================================================================
LOCAL COMMUNITY RADIO ACT OF 2007
_______
March 4, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1675]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1675) to implement the
recommendations of the Federal Communications Commission report
to the Congress regarding low-power FM service, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1675 is to implement the recommendations of
the Federal Communications Commission with respect to the
assignment of low-power FM (LPFM) radio licenses. The FCC
recommended that Congress eliminate certain restrictions on the
assignment of these licenses. In addition, the FCC recommended
that Congress remove statutory requirements for additional
testing on the possibility of interference and economic impact
from LPFM stations to commercial broadcasters.
Background and Needs
In 2000, the FCC authorized the creation of LPFM stations to
allow noncommercial, educational, community-based groups, and
public safety organizations to provide a community-based radio
service. LPFM licenses are not available to individuals or
entities that currently hold a broadcast license. As of
November 2007, the FCC had granted 1304 construction permits
for LPFM stations. Of those construction permits issued, 825
stations have been fully licensed and are on the air. LPFM
stations generally reach audiences within a radius of 3.5 miles
from the LPFM station's transmitting tower and are not
protected from interference that may be received from a full-
power FM station.
The FCC's rules require LPFM stations to provide
interference protection to full-power FM stations. For example,
a new LPFM station operating on the same frequency as an
existing full-power FM station (for example, at 101.1 FM) is
required to have its transmitter located far enough away from
the existing station's transmitter to prevent interference. In
addition, an LPFM station on the ``first-adjacent channel''
(101.3 FM) or a ``second-adjacent channel'' (101.5 FM) must
also adhere to distance spacing requirements to prevent
interference, though the distance requirements are not as far
as for LPFM stations operating on the same frequency.
When it first adopted its LPFM rules, the FCC determined
that an LPFM station broadcasting on a ``third-adjacent
channel'' to a full-power FM station (101.7 FM in the
continuing example) would not cause significant interference to
a full-power FM station. Therefore, the FCC allowed LPFM
stations to operate on a third-adjacent channel to a full-power
FM station without imposing any minimum distance separation
requirement. Before the FCC was able to fully implement this
decision, Congress in late 2000 inserted a provision in the
Fiscal Year (FY) 2001 Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act
(Public Law 106-553) requiring the FCC to: (1) hire an
independent engineering firm to further study possible
interference between full-power FM stations and LPFM stations
operating on a third-adjacent channel; (2) delay the removal of
third-adjacent channel separation requirements; and (3) report
the study's findings and any recommendations to Congress.
Congress's action, which largely affected metropolitan
areas, led to the elimination of at least 50 percent of the
pending LPFM applications. As a result, there is only one LPFM
station licensed in the top 50 cities nationwide. After the
appropriations bill passed, the FCC hired Mitre Corporation to
perform a study of LPFM interference to full-power FM stations.
The study took over two years to complete at an expense of over
two million dollars. The study confirmed the FCC's initial
findings: LPFM on third-adjacent channels poses no significant
risk of interference to other radio broadcast stations. The FCC
issued its report to Congress in February 2004 recommending
that Congress: (1) eliminate the existing third-adjacent
minimum distance separation requirements between LPFM stations
and full-power FM stations; and (2) eliminate the requirement
from the 2000 legislation mandating further testing on the
economic impact potential interference from LPFM stations would
have on full-power FM stations.
Low-power proponents cite the study as conclusive evidence
that the third-adjacent channel protections are not necessary.
Existing full-power FM licensees continue to oppose removal of
the third-adjacent channel protection and have taken issue with
the study. According to the National Association of
Broadcasters, the study: (1) contained severe methodological
errors that skewed its results; (2) failed to meet the
Congressional directive to conduct independent audience
listening tests to establish what is objectionable
interference; and (3) failed to meet the Congressional
directive to examine the economic impact third-adjacent LPFM
stations would have on full-power FM broadcasters. In its
Report to Congress, the Mitre Corporation recommended not
performing the subsequent testing, because of the dearth of
evidence of any interference. The FCC has estimated that an
additional study would cost more than $800,000 to complete.
Legislative History
In the 108th Congress, Senator McCain introduced S. 2505, a
bill to implement the FCC recommendations, which would expand
the availability of LPFM radio licenses and eliminate the
requirement for further testing on the possibility of
interference from LPFM stations to commercial broadcasters on
third-adjacent channels and on the possibility that LPFM
stations may pose an economic impact on full-power FM stations.
The bill (as amended) was reported favorably by the Committee
by a vote of 12-10. In the 109th Congress, Senator McCain
offered a similar amendment to H.R. 5252, which was adopted as
an amendment to Title XI of the bill by a vote of 14-7.
On June 21, 2007, Senator Cantwell introduced S. 1675, a
bill to implement the FCC's recommendations, which would expand
the availability of LPFM radio licenses and eliminate the
requirement for further testing on the possibility of
interference from LPFM stations to commercial broadcasters on
third-adjacent channels and on the possibility that LPFM
stations may pose an economic impact on full-power FM stations.
On October 30, 2007, the Committee held an executive
session at which S. 1675 was considered. The Committee adopted
an amendment proposed by Senator Lautenberg to provide third-
adjacent channel protection for full-power FM stations that are
licensed in certain states, and for other purposes. The
Committee also adopted two amendments offered by Senator Snowe.
The first directs the FCC to conduct a study on the economic
impact that LPFM stations will have on full-power commercial FM
stations. Such study, however, shall not prevent the FCC from
expeditiously modifying its rules to eliminate third-adjacent
minimum distance separation requirements, as required by the
bill. The second maintains the prohibition on obtaining an LPFM
license if an applicant has engaged in the unlicensed operation
of any station in violation of section 301 of the
Communications Act of 1934. The bill, as amended, was ordered
reported by voice vote.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of
rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraphs (1) and (2) of that subsection
in order to expedite the business of the Senate. deg.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1675--Local Community Radio Act of 2007
S. 1675 would change the criteria for licensing low-power
radio stations by the Federal Communications Commission (FCC).
Such stations are operated by noncommercial entities and
broadcast very weak signals (100 watts or less) that reach a
limited geographic area. The bill would repeal some of the
engineering requirements that currently limit the number of
low-power radio stations that can operate in certain areas.
CBO estimates that implementing the bill would have no
significant effect on spending subject to appropriation and
would not affect direct spending or revenues. Easing the
restrictions on low-power radio stations likely would increase
the number of applications for such licenses. Based on
information from the FCC, CBO estimates that the administrative
costs of processing additional license applications would be
negligible and that there would be no change in the FCC's
offsetting collections because noncommercial entities do not
pay application or regulatory fees for such licenses.
S. 1675 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. To the
extent that public entities choose to apply for and develop new
radio stations, they would voluntarily incur some costs.
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In compliance with subsection (b)(2) of paragraph 11 of
rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraph (1) of that subsection in order
to expedite the business of the Senate. deg.
Because S. ------ does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and
businesses. deg.
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1675 would expand the availability of LPFM radio
licenses and eliminate the requirement for further testing. The
number of persons covered by this legislation should be
consistent with current levels of individuals affected.
ECONOMIC IMPACT
S. 1675 would expand the number of radio stations available
for potential licensees and promote a new media outlet for
consumers and advertisers.
PRIVACY
S. 1675 is not expected to have an adverse effect on the
personal privacy of any individuals that will be impacted by
this legislation.
PAPERWORK
S. 1675 would have minimal or no impact on current
paperwork levels as the FCC is already issuing LPFM station
licenses.
Section-by-Section Analysis
Section 1. Short title
Section 1 would establish short title of the Act as ``The
Local Community Radio Act of 2007.''
Section 2. Findings
Section 2 would set forth a number of Congressional
findings, including an increase in radio ownership
consolidation, the importance and difficulty of establishing
local radio stations, and the developments in policy on LPFM
stations to date.
Section 3. Repeal of prior law
Section 3 would repeal the language in the FY 2001
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act that required the FCC to
delay the licensing of LPFM stations on third-adjacent channels
to full-power FM stations. However, the FCC retains authority
to prohibit any applicant from obtaining an LPFM license if the
applicant has violated Section 301 of Communications Act of
1934. See Section 632 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2001 (Public Law 106-553; 114 Stat. 16 2762A-111).
Section 4. Minimum distance separation requirements
Section 4 would require the FCC to modify its rules to
eliminate third-adjacent minimum distance separation
requirements between LPFM stations and full-service FM, FM
translator, and FM booster stations.
Section 5. Protection of radio reading services
Section 5 would provide interference protection to ``radio
reading service'' (RRS) stations that provide reading services
over the radio frequencies to assist the blind. These stations
broadcast using a sub-carrier frequency, which is more
susceptible to LPFM interference due to its spacing on an FM
channel. The FCC currently has a temporary rule preventing LPFM
stations from operating on a third-adjacent channel to a RRS.
This section would direct the FCC to make this rule permanent.
Section 6. Ensuring availability of spectrum for LPFM stations
Section 6 would require that the FCC ensure that licenses
are available to both FM translator stations and LPFM stations.
Further, the FCC must consider the needs of the local community
in such licensing decisions.
Section 7. Prohibitions on certain applicants
Section 7 would direct the FCC to modify its rules to bar
any applicant who has engaged in the unlicensed operation of
any station in violation of section 301 of the Communications
Act of 1934 from obtaining an LPFM license.
Section 8. Federal Communications Commission rules
Section 8 would direct the FCC to retain its third-adjacent
channel protection for full-power FM stations that are licensed
in significantly populated States.
Section 9. FCC study on impact of LPFM on full-power commercial FM
stations
Section 9 would direct the FCC to conduct an economic study
on the impact that LPFM stations will have on full-power
commercial FM stations.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2001
[Sec. 632. (a)(1) 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--
[(A) prescribe minimum distance separations for
third-adjacent channels (as well as for co-channels and
first- and second-adjacent channels); and
[(B) 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).
[(2) The Federal Communications Commission may not--
[(A) eliminate or reduce the minimum distance
separations for third-adjacent channels required by
paragraph (1)(A); or
[(B) extend the eligibility for application for low-
power FM stations beyond the organizations and entities
as proposed in MM Docket No. 99-25 (47 CFR 73.853),
except as expressly authorized by an Act of Congress
enacted after the date of the enactment of this Act.
[(3) Any license that was issued by the Commission to a low-
power FM station prior to the date on which the Commission
modifies its rules as required by paragraph (1) and that does
not comply with such modifications shall be invalid.
[(b)(1) The Federal Communications Commission shall conduct
an experimental program to test whether low-power FM radio
stations will result in harmful interference to existing FM
radio stations if such stations are not subject to the minimum
distance separations for third-adjacent channels required by
subsection (a). The Commission shall conduct such test in no
more than nine FM radio markets, including urban, suburban, and
rural markets, by waiving the minimum distance separations for
third-adjacent channels for the stations that are the subject
of the experimental program. At least one of the stations shall
be selected for the purpose of evaluating whether minimum
distance separations for third-adjacent channels are needed for
FM translator stations. The Commission may, consistent with the
public interest, continue after the conclusion of the
experimental program to waive the minimum distance separations
for third-adjacent channels for the stations that are the
subject of the experimental program.
[(2) The Commission shall select an independent testing
entity to conduct field tests in the markets of the stations in
the experimental program under paragraph (1). Such field tests
shall include--
[(A) an opportunity for the public to comment on
interference; and
[(B) independent audience listening tests to
determine what is objectionable and harmful
interference to the average radio listener.
[(3) The Commission shall publish the results of the
experimental program and field tests and afford an opportunity
for the public to comment on such results. The Federal
Communications Commission shall submit a report on the
experimental program and field tests to the Committee on
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than February 1, 2001. Such report shall include--
[(A) an analysis of the experimental program and
field tests and of the public comment received by the
Commission;
[(B) an evaluation of the impact of the modification
or elimination of minimum distance separations for
third-adjacent channels on--
[(i) listening audiences;
[(ii) incumbent FM radio broadcasters in
general, and on minority and small market
broadcasters in particular, including an
analysis of the economic impact on such
broadcasters;
[(iii) the transition to digital radio for
terrestrial radio broadcasters;
[(iv) stations that provide a reading service
for the blind to the public; and
[(v) FM radio translator stations;
[(C) the Commission's recommendations to the Congress
to reduce or eliminate the minimum distance separations
for third-adjacent channels required by subsection (a);
and
[(D) such other information and recommendations as
the Commission considers appropriate.]