Tuesday, February 27, 2001
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McCain Introduces Low Power Radio Bill

Washington, D.C. – In order to provide affordable outreach for community based organizations, churches, and other non-profit groups, Senator John McCain (R-AZ) today introduced the Low Power Radio Act of 2001. The bill would allow the Federal Communications Commission (FCC) to license low-power FM radio service, while at the same time protect existing full-power stations from interference. The bill would reverse anti-low-power FM radio language that was added to an appropriations bill last year by special interests.

 

"Low-power FM radio will provide many communities with increased sources of news and perspectives in an otherwise increasingly consolidated medium," McCain said. "Last Congress, special interest forces opposed to low-power FM radio, most notably the National Association of Broadcasters and National Public Radio, mounted a successful behind-the-scenes campaign to kill low-power FM radio without a single debate on the Senate floor. This bill would reverse that language."

 

The bill would do the following:

• Allow the FCC to license low-power FM radio stations. The only low-power FM stations that would be affected would be those whose transmissions are actually causing harmful interference to a full-power radio station.
  
  
• Require the FCC to complete all rulemakings necessary to implement full-power stations' transition to digital broadcasting no later than February 23, 2002.
  
  
• Direct the FCC to determine which stations are causing interference and what the low-power station must do to alleviate it.
  
  

   

"The legislation strikes a fair balance by allowing non-interfering low-power FM stations to operate without further delay, while affecting only those low-power stations that the FCC finds to be causing harmful interference in their actual, everyday operations," McCain said. "It's important that this bill be passed in the interest of would-be new broadcasters, existing broadcasters, but most of all, the listening public."

 

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Full Text Of McCain Bill:

Mr. President, low-power FM radio service provides community based organizations, churches, and other non-profit groups
with a new, affordable opportunity to reach out to the public, helping to promote a greater awareness of local issues important
to our communities. As such, low-power FM is supported by many national and local organizations who seek to provide the
public with increased sources of news

[Page: S1634] GPO's PDF

and perspectives in an otherwise increasingly consolidated medium.

Last Congress, special interests forces opposed to low-power FM radio, most notably the National Association of
Broadcasters and National Public Radio, mounted a vigorous behind-the-scenes campaign to kill low-power FM radio. And
unfortunately, these special interests succeeded in attaching an appropriations rider in the dead of the night--without a single
debate on the floor of the Senate--that effectively did just that.

Mr. President, the Low Power Radio Act of 2001 seeks to remedy this derailment of the democratic process. The Low
Power Radio Act of 2001 will allow the FCC to license low-power FM radio service, while at the same time protecting
existing full-power stations from interference. Specifically, the legislation directs the FCC--the expert agency with the
experience and engineering resources to make such a determination--to determine which, if any, low-power radio stations are
causing interference to existing full-power stations, and determine what the low-power FM station must do to alleviate it. Thus,
this legislation strikes a fair balance by allowing non-interfering low-power FM stations to operate without further delay, while
affecting only those low-power stations that the FCC finds to be causing harmful interference in their actual, everyday
operations. This is totally consistent with the fact that low-power FM is a secondary service which, by law, must cure any
interference caused to any primary, full-power service.

This legislation will provide an efficient and effective means to detect and resolve harmful interference. By providing a
procedural remedy that authorizes the FCC to impose damages on frivolous complaints, the bill will discourage the creation of
low-power stations most likely to cause harmful interference while at the same time discouraging full-power broadcasters from
making unwarranted interference claims.

In the interests of would-be new broadcasters, existing broadcasters, but, most of all, the listening public, I urge the
enactment of the Low Power Radio Act of 2001.

Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.

There being no objection, the bill was ordered to be printed in the RECORD, as follows:
S. 404

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 ``Low Power Radio Act of 2001''.

SEC. 2. PURPOSE.

It is the purpose of this Act to ensure the technical integrity of the FM radio band, while permitting the introduction of low
power FM transmitters into such band without causing harmful interference.

SEC. 3. HARMFUL INTERFERENCE PROHIBITED.

(a) IN GENERAL.--Any low-power FM radio licensee determined by the Federal Communications Commission to be
transmitting a signal causing harmful interference to one or more licensed radio services shall, if so ordered by the Commission,
cease the transmission of the interfering signal, and may not recommence transmitting such signal until it has taken whatever
action the Commission may prescribe in order to assure that the radio licensee that has sustained the interference remains able
to serve the public interest, convenience and necessity as required by the Commission's rules.

(b) COMPLAINT.--Any radio service licensee or subcarrier program provider may file a complaint with the Commission
against any low-power FM radio licensee for transmitting a signal that is alleged to cause harmful interference. The complaint
shall be filed in a form, and contain such information as, prescribed by the Commission.

(c) EXPEDITED CONSIDERATION.--In any complaint filed pursuant to the provisions of subsection (b), the
Commission shall render a final decision no later than 90 calendar days after the date on which the complaint was received by
the Commission.

(d) PUNITIVE DAMAGES.--In any final decision rendered pursuant to this section, the Commission is authorized to
impose punitive damages not to exceed 5 times the low-power FM station's costs if the Commission finds that the complaint
was frivolous and without any merit or purpose other than to impede the provision of non-interfering low-power FM service.

(e) Section 316(a)(3) OF COMMUNICATIONS ACT.--Section 316(a)(3) of the Communications Act of 1934 (47
U.S.C. 316(a)(3)) shall not apply to a complaint filed pursuant to this section.

(f) RULES.--The Commission shall adopt rules implementing the provisions of this section within 45 days after the date of
enactment of this Act.

(g) HARMFUL INTERFERENCE DEFINED.--For purposes of this section, the term ``harmful interference'' means
interference which endangers the functioning of a radio navigation service or of other safety services or that seriously degrades,
obstructs, or repeatedly interrupts a radio service operating in accordance with the rules and regulations of the Federal
Communications Commission.

(h) REPEAL OF CERTAIN PROVISIONS.--

(1) RESTORATION OF COMMUNICATIONS ACT.--Section 336 of the Communications Act of 1934 (47 U.S.C.
336) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h).

(2) NULLIFICATION OF ACTION UNDER REPEALED PROVISION.--Any action taken by the Federal
Communications Commission under section 336(h) of the Communications Act of 1934 (47 U.S.C. 336(h)) as added by
section 143(a) of Division B of A Bill Making miscellaneous appropriations for the fiscal year ending September 30, 2001, and
for other purposes (106 Pub. L. 554; Appendix-H.R. 5666) before the date of enactment of this Act is null and void.

(3) REPEAL.--The Act entitled A Bill Making miscellaneous appropriations for the fiscal year ending September 30, 2001,
and for other purposes (106 Pub. L. 554; Appendix-H.R. 5666) is amended by striking section 143.

SEC. 4. DIGITAL RADIO TRANSITION.

The Federal Communications Commission shall complete all rulemakings necessary to implement the transition to digital
radio no later than February 23, 2002.