[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Enrolled Bill (ENR)]
S.3405
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To require the Federal Communications Commission to issue a rule
providing that certain low power television stations may be accorded
primary status as Class A television licensees, and for other purposes.
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 Protection Act''.
SEC. 2. LOW POWER TV STATIONS.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal Communications
Commission;
(2) the term ``Designated Market Area'' means--
(A) a Designated Market Area determined by Nielsen Media
Research or any successor entity; or
(B) a Designated Market Area under a system of dividing
television broadcast station licensees into local markets using
a system that the Commission determines is equivalent to the
system established by Nielsen Media Research; and
(3) the term ``low power TV station'' has the meaning given the
term ``digital low power TV station'' in section 74.701 of title
47, Code of Federal Regulations, or any successor regulation.
(b) Purpose.--The purpose of this section is to provide low power
TV stations with a limited window of opportunity to apply for the
opportunity to be accorded primary status as Class A television
licensees.
(c) Rulemaking.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall issue a notice of
proposed rulemaking to issue a rule that contains the requirements
described in this subsection.
(2) Requirements.--
(A) In general.--The rule with respect to which the
Commission is required to issue notice under paragraph (1)
shall provide that, during the 1-year period beginning on the
date on which that rule takes effect, a low power TV station
may apply to the Commission to be accorded primary status as a
Class A television licensee under section 73.6001 of title 47,
Code of Federal Regulations, or any successor regulation.
(B) Considerations.--The Commission may approve an
application submitted under subparagraph (A) if the low power
TV station submitting the application--
(i) satisfies--
(I) section 336(f)(2) of the Communications Act of
1934 (47 U.S.C. 336(f)(2)) and the rules issued under
that section, including the requirements under such
section 336(f)(2) with respect to locally produced
programming, except that, for the purposes of this
subclause, the period described in the matter preceding
subclause (I) of subparagraph (A)(i) of such section
336(f)(2) shall be construed to be the 90-day period
preceding the date of enactment of this Act; and
(II) paragraphs (b), (c), and (d) of 73.6001 of
title 47, Code of Federal Regulations, or any successor
regulation;
(ii) demonstrates to the Commission that the Class A
station for which the license is sought will not cause any
interference described in section 336(f)(7) of the
Communications Act of 1934 (47 U.S.C. 336(f)(7)); and
(iii) as of the date of enactment of this Act, operates
in a Designated Market Area with not more than 95,000
television households.
(3) Applicability of license.--A license that accords primary
status as a Class A television licensee to a low power TV station
as a result of the rule with respect to which the Commission is
required to issue notice under paragraph (1) shall--
(A) be subject to the same license terms and renewal
standards as a license for a full power television broadcast
station, except as otherwise expressly provided in this
subsection; and
(B) require the low power TV station to remain in
compliance with paragraph (2)(B) during the term of the
license.
(d) Reporting.--Not later than 1 year after the date of enactment
of this Act, the Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report regarding the
implementation of this section, which shall include--
(1) a list of the current, as of the date on which the report
is submitted, licensees that have been accorded primary status as
Class A television licensees; and
(2) of the licensees described in paragraph (1), an
identification of each such licensee that has been accorded the
status described in that paragraph because of the implementation of
this section.
(e) Rule of Construction.--Nothing in this section may be construed
to affect a decision of the Commission relating to completion of the
transition, relocation, or reimbursement of entities as a result of the
systems of competitive bidding conducted pursuant to title VI of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et
seq.), and the amendments made by that title, that are collectively
commonly referred to as the ``Television Broadcast Incentive Auction''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.