Pending Legislation
July 24, 2008 - Update on
Local Community Radio Act of 2007
from Don Schellhardt, Ellington, CT, Attorney for THE AMHERST
ALLIANCE
There is a good chance the U.S. Senate will vote soon
on S. 1675, the Local Community Radio Act. The bill would
repeal the adjacent channel spacing restrictions that Congress imposed
on LPFM in 2000, while also initiating "translator reform".
However, the Senate Commerce Committee added two amendments that should
be removed from the bill.
Amherst is urging all supporters of LPFM to speak up
to Congress NOW. These materials may be useful
-- and we hope you will decide to help with this.
Here's how YOU can help to lobby on the Local
Community Radio Act.
Re H.R. 2802, the House bill (which is identical
to the original version of S. 1675):
(1) Sign the Petition for the HOUSE bill, as set up by PROMETHEUS
RADIO PROJECT and FREE PRESS, at www.expandlpfm.org;
(2) Contact your U.S. Representative -- click
here for a sample letter (Word document opens in new
window... if a password is asked for, click Cancel to open the document)
-- (using his or her Web Site, via www.house.gov)
to get a snail mail address for the nearest local DISTRICT Office
... Due to post-9/11 security clearances, snail
mail sent directly to a Representative's WASHINGTON Office may take
months to arrive.
Re S. 1675, as AMENDED by the Senate Commerce
Committee:
Contact each of your two U.S. Senators -- click
here for a sample letter (Word document opens in new
window... if a password is asked for, click Cancel to open the document)
-- (using their Web Sites, via www.senate.gov)
to get the snail mail addresses for their nearest local DISTRICT
offices ... Due to post-9/11 security clearances,
snail mail sent directly to a Senator's WASHINGTON Office may take
months to arrive.
~~~~~~~~~~~~
June 21, 2007 - Local Community Radio Act of 2007
Note
March 4, 2008 amendment, Sections 7, 8, and 9
110th
CONGRESS 2d
Session
S. 1675
[Report No. 110-271]
To
implement the recommendations of the Federal Communications Commission
report to the Congress regarding low-power FM service.
IN THE SENATE OF THE UNITED STATES
June 21, 2007
Ms.
CANTWELL (for herself, Mr. MCCAIN, Mr. LEAHY, Mr. SANDERS, and Mr.
DORGAN) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
March
4, 2008
Reported
by Mr. INOUYE, with an amendment
[Omit
the part struck through and insert the part printed in italic]
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 2007'.
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)
A commitment to localism--local operations, local research, local
management, locally-originated programming, local artists, and local
news and events--would bolster radio listening.
(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 500 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)
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.
(16)
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.
SEC.
7. PROHIBITIONS ON CERTAIN APPLICANTS.
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 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).
SEC.
8. FEDERAL COMMUNICATIONS COMMISSION RULES.
The
Federal Communications Commission shall retain its rules that provide
third-adjacent channel protection for full-power FM stations that are
licensed in significantly populated States with more than 3,000,000
housing units and a population density greater than 1,000 people per
square mile land area.
SEC.
9. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM STATIONS.
The
Federal Communications Commission shall conduct an economic study on the
impact that low-power FM stations will have on full-power commercial FM
stations.
Prometheus
Radio Statement by Hannah Sassaman
February 18, 2008
- LPFM bills in Congress will be considered this year (possibly very soon)
Read House Bill 2808 and Senate Bill 1675 co-sponsored by Presidential
candidate Senator McCain. (It was unanimously passed by McClain's
Senate Commerce Committee late 2007.)
A Christian station
in rural Tennessee contacted Congressman Jimmy Duncan, describing the
threat of encroachment their station was facing, the Congressman lent
support to the station at the FCC, and cosponsored the Local Community
Radio Act which would expand low power FM availability to the
third-adjacent frequencies across the United States.
Hannah says, "I focus a lot of attention on Congress, and would be
more than happy to help (you) advocate for expanded LPFM opportunities
nationwide." You can also write a letter online to your
legislators today at here
or at here.
After over a year pushing this legislation, a phone call or letter
to the aides responsible for this issue will be the strongest tool you
can have to help the legislators cosponsor these bills.
Call Hannah at 215-727-9620 x 501, or email her at hannahjs@prometheus
radio.org. She has the contact information for the
telecommunications aides of your Congress member and Senators.
Background
The Senate Commerce Committee has opened the door to having thousands
more LPFM radio stations on the air, not only in rural communities but
also in major markets across the country. Some 800 LPFM stations ranging
in power from 10-to-100-watts are scattered across the country but are
generally licensed in rural or small markets where their signals don’t
bump up against the mega sticks that have 50,000-watts or more of
power.
The bill removes third adjacency protections from
the FCC’s current LPFM guidelines and opens the spectrum to thousands
more noncommercial and religious groups, who could apply to the
commission for licenses. The Act, introduced in June by Maria Cantwell
(D-Wash.) and supported by John McCain (R-Ariz.), notes that “through
the creation of LPFM, the commission sought to create opportunities for
new voices on the airwaves and to allow local groups, including schools,
churches and other community-based organizations, to provide programming
responsive to local community needs and interests.”
"Low Power FM radio was limited back in 2000,
when the big broadcasters tried to convince America that 100-watt
community radio stations would interfere with the biggest stations in
America's biggest cities," said Prometheus Radio Project technical
director Pete Tridish. "At Congress' demand, the FCC proved
that there was plenty of room for low power FM radio. With today's
vote, and with the growing momentum to expand low power FM radio in the
House of Representatives, communities across the country have a reason
to celebrate."
"The United Church of Christ has supported low power radio from the
beginning," said Cheryl Leanza, managing director of the United
Church of Christ, Office of Communication. "We support this
legislation, which, if passed, would mean more churches, community
groups and schools around the country will be able to reach out to their
local communities. "
The bill, which has strong bipartisan backing, is
mirrored by a companion bill in the House of Representatives (HR 2802)
by the same name, which was also introduced on June 21, sponsored by
Mike Doyle (D-Pa.) and Lee Terry (R-Neb.) along with 55 cosponsors, and
also has strong bipartisan support.
The NAB has conducted a stealth lobbying campaign
against reducing adjacency protections over major concerns about
non-professional broadcasters and engineers operating beyond their
permitted power levels and frequency allotments and interfering with
established commercial outlets that have sizable audiences who rely on
the clarity of their radio signals.
“We are obviously opposed to this bill’s
passage because of the interference implications to millions of radio
listeners,” NAB spokesman Dennis Wharton told R&R as he boarded a
flight to Washington from Dallas , where the NAB board of directors held
two days of meetings.
"Putting LPFM licenses in the hands of communities where local
voices are being silenced by large national radio chains is a step in
the right direction. Finally community members across the nation
will have an alternative to McRadio," said Joel Kelsey, a
spokesperson for Consumers Union, the publisher of Consumer
Reports.
In its subtext, the measure notes that the FCC “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.'”
Earlier this month, FCC chairman Kevin Martin
emphasized that statement and said he would support the Senate’s
efforts to open up the dial to more LPFM stations.
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, using the very same
transmitters that LPFM stations will use. The Senate bill notes that the
FCC 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.”
Proponents of the bill believe that 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
,” reports the comment section of the measure passed by the commerce
committee.
Backers of the measure also argue that it expands
the opportunities to give a voice to women and minority groups that have
difficulty getting funding to buy expensive, full-power radio stations.
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