[Pages H14903-H14907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

LOCAL COMMUNITY RADIO ACT OF 2009

Mr. BOUCHER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1147) to implement the recommendations of the Federal
Communications Commission report to the Congress regarding low-power FM
service, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1147

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
2009''.

SEC. 2. AMENDMENT.

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
amended to read as follows:
``Sec. 632. (a) 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--
``(1) prescribe protection for co-channels and first- and
second-adjacent channels; and
``(2) 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).
``(b) Any license that was issued by the Federal
Communications Commission to a low-power FM station prior to
April 2, 2001, and that does not comply with the
modifications adopted by the Commission in MM Docket No. 99-
25 on April 2, 2001, shall remain invalid.''.

SEC. 3. 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. 4. PROTECTION OF RADIO READING SERVICES.

The Federal Communications Commission shall comply with its
existing minimum distance separation requirements for full-
service FM stations, FM translator stations, and FM booster
stations that broadcast radio reading services via an analog
subcarrier frequency to avoid potential interference by low-
power FM stations.

SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM
STATIONS.

The Federal Communications Commission, when licensing new
FM translator stations, FM booster stations, and low-power FM
stations, shall ensure--
(1) that licenses are available to FM translator stations,
FM booster stations, and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community.

SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS.

The Federal Communications Commission shall modify its
rules to address the potential for predicted interference to
FM translator input signals on third-adjacent channels set
forth in section 2.7 of the technical report entitled
``Experimental Measurements of the Third-Adjacent Channel
Impacts of Low-Power FM Stations, Volume One--Final Report
(May 2003)''.

SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.

The Federal Communications Commission shall modify the
interference complaint process described in section 73.810 of
its rules (47 CFR 73.810) as follows:
(1) With respect to those low-power FM stations licensed at
locations that do not satisfy third-adjacent channel spacing
requirements under section 73.807 of the Commission's rules
(47 CFR 73.807), the Federal Communications Commission shall
provide the same interference protections that FM translator
stations and FM booster stations are required to provide as
set forth in section 74.1203 of its rules (47 CFR 74.1203) as
in effect on the date of enactment of this Act.
(2) For a period of 1 year after a new low-power FM station
is constructed on a third-adjacent channel, such low-power FM
station shall be required to broadcast periodic announcements
that alert listeners that interference that they may be
experiencing could be the result of the operation of such
low-power FM station on a third-adjacent channel and shall
instruct affected listeners to contact such low-power FM
station to report any interference. The Federal
Communications Commission shall require all newly constructed
low-power FM stations on third-adjacent channels to--
(A) notify the Federal Communications Commission and all
affected stations on third-adjacent channels of an
interference complaint by electronic communication within 48
hours after the receipt of such complaint; and
(B) cooperate in addressing any such interference.
(3) Low-power FM stations on third-adjacent channels shall
be required to address complaints of interference within the
protected contour of an affected station and shall be
encouraged to address all other interference complaints,
including complaints to the Federal Communications Commission
based on interference to a full-service FM station, an FM
translator station, or an FM booster station by the
transmitter site of a low-power FM station on a third-
adjacent channel at any distance from the full-service FM
station, FM translator station, or FM booster station. The
Federal Communications Commission shall provide notice to the
licensee of a low-power FM station of the existence of such
interference within 7 calendar days of the receipt of a
complaint from a listener or another station.
(4) To the extent possible, the Federal Communications
Commission shall grant low-power FM stations on third-
adjacent channels the technical flexibility to remediate
interference through the colocation of the transmission
facilities of the low-power FM station and any stations on
third-adjacent channels.
(5) The Federal Communications Commission shall--
(A) permit the submission of informal evidence of
interference, including any engineering analysis that an
affected station may commission;
(B) accept complaints based on interference to a full-
service FM station, FM translator station, or FM booster
station by the transmitter site of a low-power FM station on
a third-adjacent channel at any distance from the full-
service FM station, FM translator station, or FM booster
station; and
(C) accept complaints of interference to mobile reception.

SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-
SERVICE COMMERCIAL FM STATIONS.

(a) In General.--The Federal Communications Commission
shall conduct an economic study on the impact that low-power
FM stations will have on full-service commercial FM stations.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Federal Communications Commission
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives on the study
conducted under subsection (a).
(c) Licensing Not Affected by Study.--Nothing in this
section shall affect the licensing of new low-power FM
stations as otherwise permitted under this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Boucher) and the gentleman from Nebraska (Mr. Terry) each
will control 20 minutes.
The Chair recognizes the gentleman from Virginia.

General Leave

Mr. BOUCHER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. BOUCHER. Mr. Speaker, I yield such time as he may consume to the
chairman of the Energy and Commerce Committee, the gentleman from
California (Mr. Waxman).
Mr. WAXMAN. Mr. Speaker, I rise in strong support of H.R. 1147, the
Local Community Radio Act of 2009, and I want to thank Chairman Boucher
for his leadership in guiding this bipartisan bill through the
committee.
I also want to recognize and thank Mr. Doyle and Mr. Terry, the
original sponsors of the bill, for their efforts to expand diversity,
localism, and competition in our media landscape. Mr. Doyle has been a
tireless advocate of local community radio, and I greatly appreciate
his leadership, flexibility, and persistence.
I'm pleased that the House is taking up this important measure, as I
have long supported expanding low-power FM radio services. The bill
removes a statutory barrier to the creation of potentially thousands of
new low-power stations across the country. The creation of these
stations will further the overriding national policy goals of promoting
broadcast localism and diversity.
I'm pleased that the bill includes strong protections against
unreasonable interference for incumbent radio broadcasters, as well as
a clear dispute resolution process should such interference occur. I
want to thank National Public Radio for working with the Energy and
Commerce Committee in a constructive manner. I also want

[[Page H14904]]

to commend the Prometheus Radio Project, the United Church of Christ,
and other supporters of low-power FM services for their valuable input.
I urge my colleagues to support H.R. 1147.
Mr. TERRY. Mr. Speaker, I yield myself such time as I may consume.
As coauthor with Mr. Doyle, I too rise in support of H.R. 1147, and
it was my pleasure to come to this floor to discuss legislation that is
the product of great bipartisanship. Congressman Doyle and I teamed up
in working on this low-power FM legislation, and the product that we
have today here on the floor is a good one. We do believe this bill has
the potential to revolutionize what Americans hear on their radios and
that it will provide an exciting new platform for citizens to
communicate with one another within their own local communities and
neighborhoods.
Low-power FM radio offers people at the local community level the
opportunity to broadcast when otherwise they may not afford to do so.
This is extremely important for noncommercial groups like schools,
churches, neighborhood organizations. The ability of those groups to
broadcast their message contributes greatly to the overall betterment
of our community and society as a whole.
Many local and statewide organizations are interested in obtaining
low-power FM licenses, including the following two in my district in
Omaha, Nebraska.
Wes Hall, who is the CEO of Suntaman Communications, says this
legislation is a dream come true. ``You cannot build a community
without a cohesive voice, and this will give a voice to the
voiceless.'' He went on to say: ``Low-power FM is the beacon that
lights up the future for us, and bravo to Lee for championing''--well,
I don't have to read that part. But Wes Hall has been involved in the
LPFM issue for years and believes this legislation is the light that
allows communities to come together.
``This is very exciting news,'' said 100 Black Men of Omaha,
Nebraska, President Tim Clark. ``Communities across the country will
now have a real opportunity to increase the ability to effectively
communicate issues, concerns, awareness campaigns, and to provide
sensitive programming. North and South Omaha will benefit positively
from this challenge to develop unified efforts for the betterment of
their constituents.''
I appreciate both Wes' and Tim's work on this issue as well as other
groups devoted to fulfilling the interests and needs of our community.
I do believe this legislation is about empowering individuals who are
making a difference in Nebraska. As a Member who, back in 2000, voted
in favor of legislation to require a minimum of four intervals between
radio stations, I'm proud today to be able to stand by my friend from
Pennsylvania as well as all LPFM advocates in a bipartisan way in
support of this legislation.

{time} 1300

The authorization of the MITRE study really was important, and now we
definitively know that there will be no interference caused by reducing
the required separation between new LPFM broadcasts and existing full-
power broadcasts.
I encourage all of my colleagues to support this important community-
based legislation, and I am looking forward to it being enacted into
law.
I reserve the balance of my time.
Mr. BOUCHER. I yield myself such time as I may consume.
Mr. Speaker, the bill before the House is the Local Community Radio
Act of 2009. It was introduced by Representatives Doyle and Terry, and
it will provide additional opportunities to create new low-power FM
radio stations by allowing their operation on third adjacent channels
to the full-power radio stations.
Low-power stations, which are community-based nonprofits which
operate at 100 watts or less of power and which have a broadcast reach,
typically, of only a few miles, play a unique role in our media. They
are far more likely than their full-power counterparts to be owned by
women or minorities, and they are an important forum for local clergy,
for educational institutions, and for a wide array of community leaders
to have a say on important local issues.
I want to commend the cooperative work of our colleagues Mr. Doyle
and Mr. Terry and of radio broadcasters who are significant
stakeholders in this matter, as we have resolved the concerns of local
public broadcasting stations that have a special need to protect the
numerous translator stations that they operate from any local channel
interference. Amendments that we adopted in the subcommittee
consideration of the bill achieve that protection.
Among other provisions, the bill directs the Federal Communications
Commission to allow the operation of low-power FM stations on third
channel adjacencies to the full-power FM stations and FM translator and
booster stations. It retains the FCC's existing minimum distance
separation requirements for FM stations that provide radio reading
services for the visually impaired.
At the same time, the bill provides for remediation of interference
complaints between low-power FM stations and full-power stations as
well as FM translator and booster stations. The measure directs the FCC
to conduct an economic study of the effect of low-power FM stations on
full service commercial stations and to submit those findings to the
Congress within 1 year.
I want to thank Mr. Doyle for his tireless work on this measure. He
has introduced this bill several times, and this is the first Congress
in which it has been brought to the House floor. I tremendously
appreciate his work and the work of Mr. Terry, his partner in this
exercise. With the various stakeholders and with members of our
subcommittee, collectively, their work has resulted in our being able
to present this bill to the House today.
I also want to commend the bipartisan approach that we have taken in
our subcommittee and full committee in processing this measure. I
commend Chairman Waxman and Ranking Members Barton and Stearns for the
highly cooperative manner in which we have altogether advanced this
measure.
Mr. Speaker, I reserve the balance of my time.
Mr. TERRY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Tennessee (Mrs. Blackburn).
Mrs. BLACKBURN. I do thank the gentleman from Nebraska, and I am
thrilled to stand today in support of the Local Community Radio Act.
Mr. Speaker, this is an issue that I've been engaged in since my days
in the Tennessee State Senate. In an age of consolidating radio
stations and a competitive marketplace for airtime, this legislation
will allow smaller groups to be heard. Indeed, Chairman Boucher has
mentioned this, as has Mr. Terry; and it is an important reason for
having this low-power radio act available for our communities.
Whether we are talking about the aspiring blues performer in Memphis
or whether we are talking about an up-and-coming country star in
Nashville or whether we are talking about one of our colleges or
universities which is getting on the air and showcasing some of its
local talent or some of its personalities--or maybe it is some of our
religious organizations or churches--it is a way for them to spread
their messages. This legislation does give a crucial voice to these
communities.
I was pleased that Mr. Boucher mentioned small businesses that are
owned by women and the number of women that we have seen move into the
communications field because they had the ability to get to low-power
stations and to develop formats in programming that will help them to
launch a dream and actually innovate for our airwaves.
We have heard from a wide range of groups. They do stand in support
of this. It is a pleasure to stand and support the bill. I urge this
Chamber to move forward on passing this legislation.
Mr. BOUCHER. Mr. Speaker, I yield such time as he may consume to the
sponsor of the bill, the gentleman from Pennsylvania (Mr. Doyle).
MR. DOYLE. I want to thank Chairman Boucher and Chairman Waxman for
strongly supporting my bill, which will give local communities across
this country access to their airwaves. I am grateful for the support
that this bill has from both sides of the aisle, including from the
bill's lead cosponsor, my good friend Lee Terry from Omaha.
When the Federal Communications Commission created the low-power FM

[[Page H14905]]

radio service, they sought to create opportunities for new voices on
the airwaves and to allow local schools, churches and other community-
based organizations to provide programming that would be responsive to
local community needs and interests.
Congress, however, passed the Radio Broadcasting Preservation Act in
2000, and many of those organizations were prevented from communicating
to their members, supporters, and residents on the FM radio dial. That
bill called for a field study performed by the MITRE Corporation and
for the FCC to recommend to Congress what we should do.
In 2004, on a unanimous, bipartisan basis and for a second time in
November 2007 and for a third time, once again, in September of 2009,
all five FCC commissioners agreed that Congress should lift the
restrictions on LPFM stations and should allow the FCC to license new
stations in more communities. The bill we debate today, the Local
Community Radio Act of 2009, does just that.
Where they are allowed to exist under current law, LPFM stations have
proved to be a vital source of information during local or national
emergencies. These stations promote the arts and education from
religious organizations, community groups, organizations promoting
literacy, and from many other civically oriented organizations.
Stations like KOCZ in Opelousas, Louisiana, which is operated by the
Southern Development Foundation, is a group active in the African
American community. This station broadcasts public affairs shows,
religious programming, hip-hop, and zydeco music 24 hours a day. Zydeco
music is central to the cultural heritage of the Acadiana region, but
it has recently disappeared from the airwaves that have been dominated
by commercial radio.
WQRZ, in Bay St. Louis, Mississippi, remained on the air during
Hurricane Katrina and served as the emergency operations center for
Hancock County during the worst storm there in a century.
Congress has to act on the commission's recommendations; otherwise,
similar stations will be prevented from operating in communities across
America--in communities like mine, which are too large to have any
slots for new LPFM stations at fourth adjacent, but could fit several
at third adjacent.
Stations like Lightning Community Radio and WMKP's ``The Roar'' at
Penn State's Greater Allegheny campus wanted to serve the McKeesport
area in my district. The current law relegates them to Webcasting, but
they want to simulcast on the air as well. We must pass this bill today
to make sure that that can happen.
My bill has undergone some changes from the full committee, and the
National Association of Broadcasters, as well as National Public Radio,
have removed their objections and do not oppose the bill. This bill has
broad support, and I will be adding into the Record these letters from
almost a dozen leaders from Catholic and Protestant faiths, like the
United Church of Christ and the National Association of Evangelicals; a
letter from two dozen national and local public interest, civil rights
and local groups; another letter from the Leadership Conference on
Civil Rights; and, finally, a letter from the National Federation of
Community Broadcasters and the Prometheus Radio Project, all of whom
strongly support the Local Community Radio Act.
Mr. Speaker, the time has come for Congress to rewrite the law. The
time has come to make the airwaves available to the people they serve.
The time has come to bring low-power to the people. I ask my colleagues
to support the Local Community Radio Act.
My legislation makes a number of changes from the version reported
out of the House Energy and Commerce Committee. Some of these changes
clarified intent, others came at the request of large commercial
broadcasters. Indeed, this version of the bill did not draw the
opposition of the largest group of commercial broadcasters because they
contributed several ideas that are included in this legislation. While
I believe that the previous versions of the bill already provided
strong protections for incumbent broadcasters, I accepted this
compromise language because it will finally lay their objections to
rest.
In exchange for dropping their opposition to my bill, incumbent
broadcasters received a significant new form of protection for their
signals. This compromise requires LPFM stations to fix any instance of
interference to full power stations on the third adjacent channel, even
outside an incumbent station's legally protected coverage area, also
known as their contour.
I accepted this extremely unusual obligation to remediate
interference outside of the broadcaster's legal coverage area, working
with experts at the FCC, I know that harmful interference is extremely
unlikely to occur in the real world.
I would not have accepted them if I believed they harmed the Low-
Power FM radio service, and I will be sincerely disappointed if the
Commission does so with mistaken interpretations.
Among the several changes, I'd like to explain two of them, I
accepted a request that the FCC complete a study looking into the low-
power FM radio service's financial impact on full-power commercial
broadcasting. I know that the FCC has already looked into this issue
and I understand that the Senate sponsor's intent is not to let this
study delay implementation of the bill and licensing LPFM stations
while this study is underway.
Second, in Section 5, I added the word ``new'' to make clear that
that section applies to new licensing. While this refers to licensing
new stations, I do not believe that this language should discourage the
FCC from readdressing the relationship between LPFMs and translators
should it conclude that it is in the public interest.
I have to thank the many people who have worked on this issue for
over a decade. First, and foremost, this bill would not have happened
without the work of Pete Tridish and Hannah Sassaman and Cory Fischer
Hoffman of the Prometheus Radio Project, Cheryl Leanza now at the
United Church of Christ, Office of Communications, Michael Bracy of the
Future of Music Coalition, and Carol Pierson of the National Federation
of Community Broadcasters.
Additionally, I must also thank the dozens of dedicated people who
have long cared about their community's ability to access their
airwaves. That so many different groups support the bill is a testament
to their dedication. Their hard work will hopefully reap true rewards.
Thanks are due to Katherine Grincewich of the US Conference of Catholic
Bishops, Amanda Huron, Diane Foglizzo, Sakura Saunders, Brandy Doyle,
Jeanette Forman, Autumn Chacon, John Wenz, Sara Cederburg, Halimah
Marcus, Ian Smith, Anthony Mazza, and Scott Pinkelman of the Prometheus
Radio Project, artists Kendall Nordin and Nicole Atkins, and Amy Ray
and Emily Saliers of The Indigo Girls, Gary Galloway, Director of the
Newton County Mississippi Emergency Management Agency, Tim Stone of
Portsmouth Community Radio, Parul Desai, Kamilla Kovacs and Andy
Schwartzman of the Media Access Project, Beth McConnell, Chance
Williams and Hannah Miller of the Media and Democracy Coalition,
Candace Clement, Ben Scott and Joe Torres at Free Press, Corrine Yu at
the Leadership Conference on Civil Rights and all others who have
worked so hard to get the Local Community Radio Act so far.

Low-Power FM Radio: Supporting Media Diversity 2009 Local Community
Radio Act (H.R. 1147)

Dear Colleague: We urge you to join us in support of media
diversity by supporting H.R. 1147, the Local Community Radio
Act of 2009. This bipartisan legislation will increase the
diversity of voices on our nation's radio airwaves by
creating hundreds of low-power, community radio stations in
cities, towns and suburbs across the United States.
According to a report released by the non-partisan media
advocacy group Free Press, people of color own just 7.7
percent of all full-power AM and FM stations, yet they make
up 33 percent of the U.S. population. Currently, African
Americans own 3.4 percent; Latinos, 2.9 percent; Asian
Americans, 0.9 percent; and Native Americans, 0.3 percent of
all full-power stations. In addition, despite making up 51
percent of the U.S. population, women only own 6 percent of
all radio stations. The study found the more concentrated a
local market, the less likely there will be a minority or
female owner. In 2008, the Minority Media &
Telecommunications Council (MMTC) Road Map for
Telecommunications Policy found that minority employment at
non-minority owned, English language radio news operations is
about 0.4% or statistically zero, which is about where it
stood in 1950. As a uniquely local outlet, low-power FM
(LPFM) stations directly serve the needs of their communities
by making stations possible for churches, schools, civil
rights organizations and other community groups. LPFMs
provide a forum to discuss local issues and provide essential
emergency services during times of crisis. The following
LPFMs have shown their potential to bring vibrant, diverse
programming to the airwaves:
On WSBL-LP (98.1), in South Bend, Indiana the local League
of United Latin American Citizens (LULAC) chapter broadcasts
Spanish-language programming and music, public

[[Page H14906]]

safety announcements, and English vocabulary lessons.
In Sacramento, KDEE-LP (97.7), licensed to the California
Black Chamber of Commerce, broadcasts extensive local news
and community affairs, providing an opportunity for local
community leaders to get on the air.
Marianne Knorzer, station manager at KRBS-LP in Oroville,
California coordinates 50 volunteers to offer local
programming to its rural community, including everything from
Hmong language programming to Reggae.
KAPU-LP (104.7), in Watsonville, CA, prides itself on being
the only radio station on the U.S. mainland that broadcasts
Hawaiian music 24 hours a day.
Additional examples include: Radio Sur Sangam, in Hayward,
CA south of Oakland, which broadcasts using shortwave radio
signals to South Asians. The community hoped for a LPFM but
Congress limited the service from densely populated areas
such as Hayward. The Society for the Preservation of Korean
Culture and Language wanted a LPFM in the Chicago area.
LPFM offers an important alternative to the narrow terms of
public debate that are all too often promoted by large
broadcasters. Given these trends, LPFM is an important means
of transmitting the views of historically underrepresented
voices. A recent report by the Leadership Conference on Civil
Rights titled, Low Power Radio: Lost Opportunity or Success
on the Dial, concluded that LPFM ``represents the best
opportunity in years for diversity in radio broadcasting and
ownership.''
In 2003, a congressionally authorized study by the FCC
determined that LPFM service could be expanded without
causing significant interference to full-power FM radio
stations. As a result, the FCC urged Congress to repeal the
restrictions it placed on licensing LPFM stations and
recently voted unanimously in support of this position.
Supporters of H.R. 1147 include: the National Association
of Evangelicals; United Church of Christ; U.S. Conference of
Catholic Bishops; NAACP; National Hispanic Media Coalition;
National Bar Association; AFL-CIO; and emergency management
agency directors.
We encourage you to support the Local Community Radio Act
(H.R. 1147) when it comes to the floor for a vote. By doing
so, you will support localism, choice, and diversity on the
radio. If you have any questions, please contact Kenneth
DeGraff with Rep. Mike Doyle at 5-2135 or Brad Schweer with
Rep. Lee Terry at 5-4155.
Nydia M. Velazquez.
____

December 7, 2009.
Dear Representative: The undersigned organizations urge you
to vote in support of H.R. 1147, the Local Community Radio
Act of 2009. H.R. 1147, introduced by Representatives Mike
Doyle and Lee Terry will help increase the number of Low
Power FM radio stations in our country. Passage of this bill
will result in the creation of hundreds--if not thousands--of
new local radio stations in towns and cities across the
country. We are particularly grateful for the strong
bipartisan support this measure has received in the House
Energy & Commerce Committee and we look forward to its
ultimate passage into law. We ask you to support the
compromise bill that will be on the floor on Tuesday,
December 15.
Low Power FM (LPFM) stations are noncommercial stations
that operate at 100 watts or less--with a broadcast radius of
approximately three to five miles. As uniquely local outlets,
LPFM stations directly serve their communities.
LPFM licenses are granted to high schools, churches, labor
unions, nonprofits and civic organizations--local
institutions that understand the needs of their communities.
LPFM stations give political, religious and civil rights
leaders a forum to discuss local issues. LPFM stations also
provide essential emergency services during times of crisis.
The Federal Communications Commission created LPFM stations
in 2000 to serve the news and informational needs of local
communities. But Congress voted to limit the number of LPFM
stations after claims were made that these outlets might
interfere with the signals of full-power FM stations.
In 2003, the FCC commissioned a $2 million taxpayer-funded
study that found LPFM stations cause no significant
interference with full-power stations. The FCC, in a
unanimous bi-partisan vote, called on Congress to lift the
restrictions it placed on licensing LPFM stations. But the
legislation has not yet become law.
For this reason, we are calling on Congress to act quickly
to authorize the FCC to license more LPFM stations. We
respectfully ask you to support H.R. 1147 when it is
scheduled for a full floor vote.
Thank you,
American Association of People with Disabilities, (AAPD),
Access Humboldt, American Federation of Musicians,
Capitol Community TV--OR, CCTV--Vermont, Chicago Media
Action, Consumers Union, Free Press, Future of Music
Coalition, Industry Ears, Institute for Local Self-
Reliance, Intercollegiate Broadcast System, and Media
Access Project.
Media Alliance, Media Bridges, National Hispanic Media
Coalition, National Federation of Community
Broadcasters, National Organization for Women, Native
Public Media, New America Foundation, Prometheus Radio
Project, Public Knowledge, Reclaim the Media, Rainbow
PUSH, United Church of Christ, Office of Communication,
Inc., and U.S. PIRG.
____

December 14, 2009.
Dear Representatives: We, as leaders representing many
diverse religious traditions, urge you to vote in support of
H.R. 1147, the Local Community Radio Act of 2009. H.R. 1147,
introduced by Representatives Mike Doyle and Lee Terry will
help increase the number of Low Power FM radio stations in
our country. We are particularly grateful for the strong
bipartisan support this measure has received in the House
Energy & Commerce Committee and we look forward to its
ultimate passage into law. The compromise version of H.R.
1147 coming to the House floor this week is the one that
should be adopted by the House and ultimately passed into
law.
Low power FM (LPFM) stations are uniquely local outlets
that directly serve their communities. LPFM licenses are
granted to churches, high schools, labor unions, non-profits,
and civic organizations that understand and serve the needs
of their local communities. LPFM stations give local leaders,
including politicians, clergy, community elders and young
people a uniquely local forum to discuss local issues.
Moreover, LPFM stations have a track record of providing
essential emergency services during times of crisis. Since
its inception in 2000, approximately 800 LPFM stations have
been authorized around the country. But the FCC requires
Congressional action to fully implement the program.
People of faith are well-known for their strong
participation in civic society--playing an important role in
making our communities stronger and lifting up those who are
suffering or who need a little help to succeed. Churches and
communities of faith have taken significant advantage of low
power radio as part of this.mission--approximately half of
all low power radio stations are licensed to churches or
other houses of worship. In addition to allowing more
opportunities for people of faith operate a radio station,
low power radio will also add new voices to the radio dial.
It will allow for more equitable representation of people of
color and women, and at the same time preserve.
opportunities, for everyone--no matter their views--to be
heard.
For this reason, we are calling on Congress to act quickly
to authorize the FCC to license more LPFM stations. We
respectfully ask you to support H.R. 1147 when it is
scheduled for a full floor vote.
Sincerely,
Kristi S. Bangert, Executive Director for Communication
Services, Evangelical Lutheran Church in America;
Burton Buller, Director, Third Way Media; Galen Carey,
Director of Government Affairs, National Association of
Evangelicals; The Rev. J. Bennett Guess, Executive
Director, Office of Communication, Inc., United Church
of Christ; The Rev. Larry Hollan, General Secretary,
United Methodist Communications; Most Reverend Gabino
Zavala, Auxiliary Archbishop, Archdiocese of Los
Angeles, Chairman, Communications Committee of the
United States Conference of Catholic Bishops; Wesley M.
Pattillo, Senior Program Director for Communication,
National Council of Churches; The Rev. Jerry L. Van
Marter, Presbyterian News Service, Chair, NCC
Communications Commission; Linda Walter, Director, The
AMS Agency, Seventh-day Adventist Church.
____

December 14, 2009.
Dear Representatives: The Prometheus Radio Project and the
National Federation of Community Broadcasters write to
endorse the version of the Local Community Radio Act, H.R.
1147, which will come to a floor vote in the House of
Representatives this week. The Local Community Radio Act will
allow for hundreds of new, low power noncommercial radio
stations nationwide, operated by churches, schools, non-
profit organizations, and public safety agencies.
Incumbent commercial broadcasters have agreed to drop their
opposition to the bill in exchange for a significant new form
of protection for their signals. This compromise fully
protects full power stations from interference by new low
power radio stations, even outside an incumbent station's
legally protected coverage area. As representatives of low
power radio broadcasters, we have accepted this extremely
unusual obligation to remediate interference because we know
that such interference is extremely unlikely to occur in the
real world. A Congressionally-mandated independent technical
study has shown that the low power radio stations authorized
by this legislation would not cause harmful interference, and
all five FCC Commissioners have reaffirmed the FCC's
longstanding confidence in this legislation as safe for the
existing FM service.
While the latest changes are superfluous, since earlier
versions of the bill already provided appropriate protections
for incumbent broadcasters, we support this compromise
language because it will finally put to rest the objections
of the National Association of Broadcasters. The bill also
includes considerable changes made during the House
subcommittee markup to address the concerns of National
Public Radio. With the latest compromise, low power radio
advocates have addressed every remotely plausible issue

[[Page H14907]]

raised by low power radio's former opponents.
We would like to thank the offices of Representatives Mike
Doyle and Lee Terry, as well as Chairman Rick Boucher and
Chairman Henry Waxman, for their tireless work in bringing
both sides to a final version of the legislation that
everyone can accept.
Communities across the country have been waiting for more
than a decade for the opportunity to apply for their
stations. The time for compromise and delay is over. We urge
support for the bill in the House and full passage--without
change--by the Senate.
Sincerely,
Pete Tridish,
Executive Director, Prometheus Radio Project.
Carol Pierson,
President & CEO National Federation of Community
Broadcasters.
____

Leadership Conference

on Civil Rights,

Washington, DC, December 14, 2009.

Re Support the Local Community Radio Act of 2009 (H.R. 1147)

Dear Representative: On behalf of the Leadership Conference
on Civil Rights (LCCR), the nation's oldest, largest, and
most diverse civil and human rights coalition with nearly 200
member organizations, we urge you to support H.R. 1147, the
bipartisan Local Community Radio Act of 2009, when it comes
to the floor to a vote. The version being considered by the
House of Representatives should be adopted into law.
H.R. 1147, introduced by Representatives Mike Doyle (D-PA)
and Lee Terry (R-NE), will help increase the number of Low
Power FM (LPFM) stations in our country by authorizing the
Federal Communications Commission (FCC) to license thousands
of LPFM radio stations in cities, towns, and suburbs across
the country. In an era of mass media consolidation, LCCR
believes that it is important to preserve this avenue through
which diverse viewpoints can be represented over the public
airwaves.
LPFM refers to community-based, nonprofit radio stations
that operate at 100 watts or less and have a broadcast reach
of only a few miles. Since 2000, the FCC has awarded more
than 800 LPFM licenses to civil rights organizations,
schools, and church groups. By authorizing even more LPFM
licenses, H.R. 1147 will help ensure that all segments of
society have the opportunity to participate fully in the
broadcast communications environment in two important ways:
by enhancing diverse viewpoints and by enhancing diverse
ownership.
LCCR has long regarded expanding minority and female
ownership in media as an important goal because of the
powerful role the media plays in the democratic process, as
well as in shaping perceptions about who we are as
individuals and as a nation. By providing community leaders
the opportunity to have a voice on the public airwaves where
no such opportunity previously existed, LPFM radio will help
promote greater diversity on the public airwaves.
While Latino Americans, African Americans, Asian Americans,
and Native Americans make up one-third of the U.S.
population, they own only 7.2 percent of all full-power radio
and TV stations. Women make up 51 percent of the U.S.
population, yet own less than 6 percent of full-power
commercial radio and TV stations. We believe there is a
direct connection between those who own these stations and
the content they produce.
If you have any questions, please contact Corrine Yu, LCCR
Senior Counsel, or Nancy Zirkin regarding this or any issue.
Sincerely,
Wade Henderson,
President & CEO.
Nancy Zirkin,
Executive Vice President.

Mr. TERRY. I appreciate your efforts, Mr. Doyle.
Mr. Speaker, Mr. Doyle mentioned a variety of religious organizations
that support this, and I found the same thing in my community.
I want to yield 2 minutes to the gentleman from South Carolina (Mr.
Wilson) who, in fact, wants to speak on that aspect of our low-power
community radio.
Mr. WILSON of South Carolina. Mr. Speaker, I rise today in support of
H.R. 1147, the Local Community Radio Act of 2009.
I appreciate the leadership of Congressman Lee Terry of Nebraska on
this important issue.
Passage of this bipartisan legislation is vital to expanding the
availability of noncommercial, low-power--LPFM--radio stations to towns
and cities across our country. This legislation repeals certain
restrictions which limit broadcast capabilities for low-power FM
stations. Expanding LPFM licenses will make owning a radio station
possible for churches, synagogues, schools, emergency responders, and
other community groups that best understand the needs of their local
communities.
These stations give civic, clergy, and community leaders a forum to
discuss local issues and to provide essential emergency services during
times of crisis. Hundreds of churches and ministries already rely on
LPFM stations to get their messages out; but, unfortunately, service is
currently limited only to rural areas and is frequently limited to
property lines.
I urge Members to pass H.R. 1147, which will move to expand low-power
FM radio for churches, synagogues, schools, community groups, and
emergency responders in the United States.
Mr. BLUMENAUER. Mr. Speaker, I'm pleased to support HR. 1147, the
``Local Community Radio Act,'' a bipartisan measure to revitalize the
local, public interest radio programming that is so important to
communities nationwide.
The broadcast spectrum, after all, belongs first and foremost to the
American people. I continue to believe that public access to these
resources and quality, local programming should be readily available to
all. In the 106th Congress, we established the bipartisan Public
Broadcasting Caucus to highlight the unique and invaluable
contributions of public radio and television stations and programs.
Public Broadcasters provide valuable commercial-free educational,
informational, and cultural programming for communities all across the
country, as well as emergency alerts.
Complementing these efforts are our country's local, low-power FM
radio stations. These stations, whose signals only operate in a three-
to-five mile radius, serve as vibrant community resources. These small
operators include all manner of local politicians, clergy, civil
rights, and community leaders. In times of crisis, like public radio
stations, they may also provide essential emergency services. I am
pleased Congress is acting to strengthen the ability of these stations
to operate responsibly.
This bill is the result of years of negotiations between commercial
broadcasters, public broadcasters, and Congress. I appreciate the
efforts of all, including National Public Radio (NPR) and the National
Association of Broadcasters, NAB, to work together to craft this
product. The result is a bill that balances the needs of incumbent
stations to protect their signals with an opening up of the airwaves to
smaller, more diverse operators.
I look forward to moving this compromise forward, and to strengthened
programming in our communities.
Mr. TERRY. Mr. Speaker, I have no further speakers, so I yield back
the balance of my time.
Mr. BOUCHER. Mr. Speaker, we also have no further requests for
speakers, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Boucher) that the House suspend the rules
and pass the bill, H.R. 1147, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BOUCHER. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________