Text: H.R.6533 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-371 (01/04/2011)

 
[111th Congress Public Law 371]
[From the U.S. Government Printing Office]



[[Page 4071]]

                    LOCAL COMMUNITY RADIO ACT OF 2010

[[Page 124 STAT. 4072]]

Public Law 111-371
111th Congress

                                 An Act


 
     To implement the recommendations of the Federal Communications 
 Commission report to the Congress regarding low-power FM service, and 
       for other purposes. <<NOTE: Jan. 4, 2011 -  [H.R. 6533]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Local 
Community Radio Act of 2010. 47 USC 303 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Community Radio Act of 2010''.
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.

    (a) In General.--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.

    (b) Restriction.--
            (1) In general.--The Federal Communications Commission shall 
        not amend its rules to reduce the minimum co-channel and first- 
        and second-adjacent channel distance separation requirements in 
        effect on the date of enactment of this Act between--
                    (A) low-power FM stations; and
                    (B) full-service FM stations.

[[Page 124 STAT. 4073]]

            (2) Waiver.--
                    (A) In general.--Notwithstanding paragraph (1), the 
                Federal Communications Commission may grant a waiver of 
                the second-adjacent channel distance separation 
                requirement to low-power FM stations that establish, 
                using methods of predicting interference taking into 
                account all relevant factors, including terrain-
                sensitive propagation models, that their proposed 
                operations will not result in interference to any 
                authorized radio service.
                    (B) Requirements.--
                          (i) Suspension.--Any low-power FM station that 
                      receives a waiver under subparagraph (A) shall be 
                      required to suspend operation immediately upon 
                      notification by the Federal Communications 
                      Commission that it is causing interference to the 
                      reception of an existing or modified full-service 
                      FM station without regard to the location of the 
                      station receiving interference.
                          (ii) Elimination of interference.--A low-power 
                      FM station described in clause (i) shall not 
                      resume operation until such interference has been 
                      eliminated or it can demonstrate to the Federal 
                      Communications Commission that the interference 
                      was not due to emissions from the low-power FM 
                      station, except that such station may make short 
                      test transmissions during the period of suspended 
                      operation to check the efficacy of remedial 
                      measures.
                          (iii) <<NOTE: Deadline.>>  Notification.--Upon 
                      receipt of a complaint of interference from a low-
                      power FM station operating pursuant to a waiver 
                      authorized under subparagraph (A), the Federal 
                      Communications Commission shall notify the 
                      identified low-power FM station by telephone or 
                      other electronic communication within 1 business 
                      day.
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 that--
            (1) licenses are available to FM translator stations, FM 
        booster stations, and low-power FM stations;
            (2) such decisions are made based on the needs of the local 
        community; and
            (3) FM translator stations, FM booster stations, and low-
        power FM stations remain equal in status and secondary to 
        existing and modified full-service FM stations.
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

[[Page 124 STAT. 4074]]

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) <<NOTE: Time period. Public information.>>  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) <<NOTE: Notification. Deadline.>>  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. <<NOTE: Notice. Deadline.>>  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

[[Page 124 STAT. 4075]]

                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.
            (6) The Federal Communications Commission shall for full-
        service FM stations that are licensed in significantly populated 
        States with more than 3,000,000 population and a population 
        density greater than 1,000 people per one square mile land area, 
        require all low-power FM stations licensed after the date of 
        enactment of this Act and located on third-adjacent, second-
        adjacent, first-adjacent, or co-channels to such full-service FM 
        stations, to provide the same interference remediation 
        requirements to complaints of interference, without regard to 
        whether such complaints of interference occur within or outside 
        of the protected contour of such stations, under the same 
        interference complaint and remediation procedures that FM 
        translator stations and FM booster stations are required to 
        provide to full-service stations 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. Notwithstanding the provisions of section 
        74.1203, no interference that arises outside the relevant 
        distance for the full-service station class specified in the 
        first column titled ``required'' for ``Co-channel minimum 
        separation (km)'' in the table listed in section 73.807(a)(1) of 
        the Commission's rules (47 CFR 73.807(a)(1)) shall require 
        remediation.
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).

[[Page 124 STAT. 4076]]

    (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.

    Approved January 4, 2011.

LEGISLATIVE HISTORY--H.R. 6533:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
            Dec. 17, considered and passed House.
            Dec. 18, considered and passed Senate.

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