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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.

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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.