[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3405
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2021
Mr. Blunt (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
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.
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