< Back to H.R. 3439 (106th Congress, 1999–2000)

Text of the Radio Broadcasting Preservation Act of 2000

This bill was introduced in a previous session of Congress and was passed by the House on April 13, 2000 but was never passed by the Senate. The text of the bill below is as of Apr 10, 2000 (Reported by House Committee).

This is not the latest text of this bill.

Source: GPO

HR 3439 RH

Union Calendar No. 312

106th CONGRESS

2d Session

H. R. 3439

[Report No. 106-567]

To prohibit the Federal Communications Commission from establishing rules authorizing the operation of new, low power FM radio stations.

IN THE HOUSE OF REPRESENTATIVES

November 17, 1999

Mr. OXLEY (for himself, Mrs. CUBIN, Mr. STEARNS, Mr. PALLONE, and Mr. EHRLICH) introduced the following bill; which was referred to the Committee on Commerce

April 10, 2000

Additional sponsors: Mr. FOSSELLA, Mr. ROGERS, Mr. CALLAHAN, Mr. GOODE, Mr. STUMP, Mr. MANZULLO, Mr. SUNUNU, Mr. BURR of North Carolina, Mr. SALMON, Mr. PICKETT, Mr. NORWOOD, Mr. BASS, Mr. TURNER, Mr. SMITH of Texas, Mr. SANDLIN, Mrs. EMERSON, Mr. PETRI, Mr. GEKAS, Mr. NETHERCUTT, Mr. TALENT, Mr. RAMSTAD, Mr. STRICKLAND, Mr. SKEEN, Mr. WHITFIELD, Mr. SHIMKUS, Mr. GUTKNECHT, Mr. BRYANT, Mr. COMBEST, Mrs. WILSON, Mr. CANADY of Florida, Mr. NEY, Mr. PETERSON of Minnesota, Mr. COLLINS, Mr. EDWARDS, Mr. EVERETT, Mr. THORNBERRY, Mr. LAHOOD, Mr. BOEHLERT, Mr. STUPAK, Mr. BLUNT, Mr. SPRATT, Mr. MCHUGH, Mr. RYAN of Wisconsin, Mr. LARGENT, Mr. PICKERING, Mr. BACHUS, Mr. BARRETT of Nebraska, Mr. UPTON, Mr. COBLE, Mr. BONILLA, Mr. SWEENEY, Mr. MORAN of Kansas, Mr. FOLEY, Mr. COSTELLO, Mr. LATHAM, Mr. PHELPS, Ms. BERKLEY, Mr. HILL of Montana, Mr. DICKEY, Mr. GALLEGLY, Mr. WATKINS, Mr. THUNE, Mr. ADERHOLT, Mr. HUTCHINSON, Mr. LEWIS of Kentucky, Mr. SESSIONS, Mr. CRAMER, Mr. HAYES, Mr. LEWIS of California, Mr. RILEY, Mr. OBERSTAR, Mr. COBURN, Mr. BATEMAN, Mr. DEAL of Georgia, Mr. UDALL of New Mexico, Mr. DREIER, Mr. LUCAS of Oklahoma, Mr. COOK, Mr. FORBES, Mr. HOEKSTRA, Mr. TAYLOR of North Carolina, Mr. RYUN of Kansas, Mr. RAHALL, Mr. BEREUTER, Mr. CAMP, Mr. WISE, Mr. SIMPSON, Mr. MCINTOSH, Mr. ISAKSON, Mr. JONES of North Carolina, Mr. JENKINS, Mr. DAVIS of Virginia, Mr. BARCIA, Mr. GOODLATTE, Mrs. BIGGERT, Mr. YOUNG of Alaska, Mr. HULSHOF, Mr. BERRY, Mr. FRELINGHUYSEN, Mr. GREENWOOD, Mr. CANNON, Mr. VISCLOSKY, Mr. GIBBONS, Mr. CLEMENT, Mr. TIAHRT, Ms. DANNER, Mr. NEAL of Massachusetts, Mr. HAYWORTH, Mr. HALL of Texas, Mr. EWING, Mr. SPENCE, Mr. DEMINT, Mr. FORD, Mr. GREEN of Texas, Mr. SMITH of Michigan, Mr. KINGSTON, Mr. SHOWS, Mr. CAMPBELL, Mr. PETERSON of Pennsylvania, Mr. BUYER, Mr. BARTLETT of Maryland, Mr. EVANS, Mr. DICKS, Mr. MCINNIS, Mr. FROST, Mr. STENHOLM, Mr. BURTON of Indiana, Mr. GANSKE, Mrs. MYRICK, Mr. ISTOOK, Mr. HERGER, Mr. FRANKS of New Jersey, Mr. KNOLLENBERG, Mr. BARR of Georgia, Mr. BRADY of Texas, Mr. LOBIONDO, Mr. MCCRERY, Mr. CHAMBLISS, Mr. ALLEN, Mr. HASTINGS of Washington, Mr. ABERCROMBIE, Mr. SHADEGG, Mrs. JOHNSON of Connecticut, Mr. WOLF, Mr. LUCAS of Kentucky, Mr. SAWYER, Mr. BLAGOJEVICH, Mr. LIPINSKI, Mr. SCHAFFER, Mr. HILLEARY, Ms. DUNN, Mr. WALDEN of Oregon, Mr. FLETCHER, Mr. NUSSLE, Mrs. NORTHUP, Mr. ETHERIDGE, Mr. OLVER, Mr. WAMP, Mr. LAMPSON, Mr. PITTS, and Mr. Gordon

April 10, 2000

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To prohibit the Federal Communications Commission from establishing rules authorizing the operation of new, low power FM radio stations.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Radio Broadcasting Preservation Act of 1999’. [<-Struck out]

[Struck out->] SEC. 2. PROHIBITION. [<-Struck out]

    [Struck out->] (a) RULES PROHIBITED- Notwithstanding section 303 of the Communications Act of 1934 (47 U.S.C. 303), the Federal Communications Commission shall not prescribe rules authorizing the operation of new, low power FM radio stations, or establishing a low power radio service, as proposed in MM Docket No. 99-25. [<-Struck out]

    [Struck out->] (b) TERMINATION OF PREVIOUSLY PRESCRIBED RULES- Any rules prescribed by the Federal Communications Commission before the date of enactment of this Act that would be in violation of the prohibition in subsection (a) if prescribed after such date shall cease to be effective on such date. Any low power radio licenses issued pursuant to such rules before such date shall be void. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Radio Broadcasting Preservation Act of 2000’.

SEC. 2. MODIFICATIONS TO LOW-POWER FM REGULATIONS REQUIRED.

    (a) THIRD-ADJACENT CHANNEL PROTECTIONS REQUIRED-

      (1) MODIFICATIONS REQUIRED- 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) CONGRESSIONAL AUTHORITY REQUIRED FOR FURTHER CHANGES- 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 C.F.R. 73.853),

      except as expressly authorized by Act of Congress enacted after the date of enactment of this Act.

      (3) VALIDITY OF PRIOR ACTIONS- Any license that was issued by the Commission to a low-power FM station prior to the date on which the Commission modify its rules as required by paragraph (1) and that does not comply with such modifications shall be invalid.

    (b) FURTHER EVALUATION OF NEED FOR THIRD-ADJACENT CHANNEL PROTECTIONS-

      (1) PILOT PROGRAM REQUIRED- 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 9 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) CONDUCT OF TESTING- 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) REPORT TO CONGRESS- 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.

Amend the title so as to read: ‘A bill to require the Federal Communications Commission to revise its regulations authorizing the operation of new, low-power FM radio stations.’.

Union Calendar No. 312

106th CONGRESS

2d Session

H. R. 3439

[Report No. 106-567]

A BILL

To prohibit the Federal Communications Commission from establishing rules authorizing the operation of new, low power FM radio stations.


April 10, 2000

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed