[Senate Report 108-426]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
2d Session 108-426
_______________________________________________________________________
Calendar No. 813
PUBLIC BROADCAST REAUTHORIZATION ACT OF 2004
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2505
DATE deg.December 7, 2004.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Rob Freeman, Deputy Staff Director
Samuel Whitehorn, Democratic Staff Director and Chief Counsel
Margaret Spring, Democratic Senior Counsel
Calendar No. 813
108th Congress Report
SENATE
2d Session 108-426
======================================================================
PUBLIC BROADCAST REAUTHORIZATION ACT OF 2004
_______
December 7, 2004.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2505]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
2505) TITLE deg. 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 without amendment deg.
with amendments deg. with an amendment and recommends
that the bill joint resolution deg. (as amended) do
pass.
Purpose of the Bill
The purpose of S. 2505 is to implement the Federal
Communications Commission's (FCC) recommendations 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 and the statutory requirement
for the FCC to conduct additional testing on the possibility of
interference from LPFM stations to commercial broadcasters and
on the possibility that LPFM stations may pose an economic
impact on full power FM stations.
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 October
2004, the FCC had issued 1100 construction permits for LPFM
stations. Of those construction permits issued, 275 LPFM
stations have been licensed, 200 have expired without being
built and the remaining are presumably in the process of being
built. In addition, 190 LPFM license applications are pending
at the FCC for approval. 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. However,
before the FCC was able to fully implement this decision,
Congress in late 2000 attached language to an appropriations
bill 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
channels, (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 and cost 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 haveon 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 in the first instance. The FCC estimates that the
additional study would cost over $800,000 to complete.
Legislative History
On June 4, 2004, Senator McCain introduced S. 2505, a bill to
implement the Federal Communications Commission's (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.
On July 20, 2004 the Committee held an executive session at
which S. 2505 was considered. By voice vote, 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 bill, as amended, was approved by a roll call vote of 12-
10.
Estimated Costs
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 6, 2004.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2505, a bill to
implement the recommendations of the Federal Communications
Commission report to the Congress regarding low power FM
service.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa E.
Zimmerman.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director.)
Enclosure.
S. 2505--A bill to implement the recommendations of the Federal
Communications Commission report to the Congress regarding low
power FM service
Summary: S. 2505 would change the criteria in current law
for licensing of 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. This 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 would likely 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. 2505 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act, and
any costs to state, local, or tribal governments would be
voluntary. To the extent that public choose to apply for and
develop new radio stations, they would voluntarily incur some
costs.
The CBO staff contact for this estimate is Melissa E.
Zimmerman. The estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
Regulatory Impact Statement
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. 2505 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. 2505 would expand the number of radio stations available
for potential licensees and promote a new media outlet for
consumers and advertisers.
PRIVACY
S. 2505 is not expected to have an adverse effect on the
personal privacy of any individuals that will be impacted by
this legislation.
PAPERWORK
S. 2505 has minimal or no impact on current paperwork levels
as the FCC is already issuing LPFM station licenses.
Section-by-Section Analysis
Section 1. Findings
Section 1 would set forth Congressional findings on LPFM. The
findings detail the history of the community-based radio
service, including the FCC's enactment in September 2000 of a
simple process to address complaints from full power FM radio
stations concerning interference from LPFM stations.
Sec. 2. Repeal of prior law
Section 2 would repeal the language in the 2000
appropriations bill that required the FCC to delay the
licensing of LPFM stations on third adjacent channels to full
power FM stations. 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).
Sec. 3. Minimum distance separation requirements
Section 3 would direct the FCC to modify its rules to
eliminate third adjacent minimum distance separation
requirements between LPFM stations and full power FM stations,
FM translator stations, and FM booster stations.
Sec. 4. Protection of radio reading services
Section 4 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.
Sec. 5. Federal Communications Commission rules
Section 5 directs the FCC to retain its third-adjacent
channel protection for full-power FM stations in certain
States.
Sec. 6. Translator licensing
Section 6 directs the FCC to evaluate the impact of
translator licensing on radio stations and to promote
opportunities for local low power stations and protect full
power stations.
Rollcall Votes in Committee
Senator Burns offered an amendment to implement the
recommendations of the Federal Communications Commission report
to the Congress regarding low power FM service. By rollcall
vote of 10 yeas and 12 nays as follows, the amendment was
defeated:
YEAS--10 NAYS--12
Mr. Stevens Mr. Brownback
Mr. Burns Mr. Fitzgerald
Mr. Lott Mr. Hollings
Mrs. Hutchison Mr. Inouye
Ms. Snowe\1\ Mr. Rockefeller
Mr. Smith Mr. Breaux
Mr. Ensign Mr. Dorgan
Mr. Allen Mr. Wyden
Mr. Sununu Mrs. Boxer
Mr. Lautenberg Mr. Nelson
Ms. Cantwell
Mr. McCain
\1\By proxy
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
[PUBLIC LAW 106-553, APPENDIX B; 114 STAT. 2762A-111]
[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.]