[Ucrn] FW: Urgent matter -- Senate considers "Local Community Radio Act of 2007"

Thu Oct 25 17:19:54 PDT 2007

Hi folks,

Please read the message below regarding the proposed legislation to
eliminate third-channel adjacent protections to promote the creation of
LPFM stations.

I have heard at conferences past (the GRC that KCSB hosted comes to
mind) from Pete Tridish (Prometheus) that the NAB's fears about
third-channel adjacent protection are unfounded; what have you heard?  

And further: is there any interest in responding to this as UCRN?

Thanks-

Erica

Erica Tyron 
Director of College Radio and Television 
Director, Smith Campus Center Gallery 
Pomona College 
KSPC 88.7FM - CCTV - Studio 47 
340 N. College Ave. 
Claremont, CA 91711 
(909) 621-8157 ext. 1 
http://www.kspc.org 
http://cctv.claremont.edu 
http://studio47.aspc.pomona.edu 

________________________________

From: Tepperlaw at aol.com [mailto:Tepperlaw at aol.com] 
Sent: Thursday, October 25, 2007 5:45 AM
To: Tepperlaw at aol.com
Subject: Urgent matter -- Senate considers "Local Community Radio Act of
2007"

Good morning --

According to various broadcasting trade publications, the Senate
Commerce Committee has scheduled a mark-up session for 10/30/07 with
regard to S.1675 Local Community Radio Act of 2007. The main thrust of
this proposed legislation is to promote the creation of LPFM stations by
eliminating third-channel adjacency protections currently in place,
citing what the NAB has argued is a flawed study to hold that there
would not be undue interference to existing full-power FM service

A copy of the proposed legislation is posted below.  

Many full power FM broadcasters are genuinely concerned that the passage
of this new law will threaten the strength and clarity of their
broadcast signals, especially in areas beyond the station's city-grade
contour.

If you are opposed to this new legislation, we strongly encourage you to
call your Congressman or Senator and voice your opinion ASAP.  These
types of proposed laws look good for politicians during an election
cycle, but they are not necessarily good for you.

Take care.

Cary Tepper

=================

Text of Legislation

S 1675 IS

110th CONGRESS

1st Session

S. 1675

To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.

IN THE SENATE OF THE UNITED STATES

June 21, 2007

Ms. CANTWELL (for herself and Mr. MCCAIN) introduced the following bill;
which was read twice and referred to the Committee on Commerce, Science,
and Transportation

________________________________

A BILL

To implement the recommendations of the Federal Communications
Commission report to the Congress regarding low-power FM service.

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 2007'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The passage of the Telecommunications Act of 1996 led to increased
ownership consolidation in the radio industry.

(2) At a hearing before the Senate Committee on Commerce, Science, and
Transportation, on June 4, 2003, all 5 members of the Federal
Communications Commission testified that there has been, in at least
some local radio markets, too much consolidation.

(3) A commitment to localism--local operations, local research, local
management, locally-originated programming, local artists, and local
news and events--would bolster radio listening.

(4) Local communities have sought to launch radio stations to meet their
local needs. However, due to the scarce amount of spectrum available and
the high cost of buying and running a large station, many local
communities are unable to establish a radio station.

(5) In 2003, the average cost to acquire a commercial radio station was
more than $2,500,000.

(6) In January, 2000, the Federal Communications Commission authorized a
new, affordable community radio service called `low-power FM' or `LPFM'
to `enhance locally focused community-oriented radio broadcasting'.

(7) Through the creation of LPFM, the Commission sought to `create
opportunities for new voices on the air waves and to allow local groups,
including schools, churches, and other community-based organizations, to
provide programming responsive to local community needs and interests'.

(8) The Commission made clear that the creation of LPFM would not
compromise the integrity of the FM radio band by stating, `We are
committed to creating a low-power FM radio service only if it does not
cause unacceptable interference to existing radio service.'.

(9) Currently, FM translator stations can operate on the second- and
third-adjacent channels to full power radio stations, up to an effective
radiated power of 250 watts, pursuant to part 74 of title 47, Code of
Federal Regulations, using the very same transmitters that LPFM stations
will use. The Commission based its LPFM rules on the actual performance
of these translators that already operate without undue interference to
FM stations. The actual interference record of these translators is far
more useful than any results that further testing could yield.

(10) Small rural broadcasters were particularly concerned about a
lengthy and costly interference complaint process. Therefore, in
September, 2000, the Commission created a simple process to address
interference complaints regarding LPFM stations on an expedited basis.

(11) In December, 2000, Congress delayed the full implementation of LPFM
until an independent engineering study was completed and reviewed. This
delay was due to some broadcasters' concerns that LPFM service would
cause interference in the FM band.

(12) The delay prevented millions of Americans from having a locally
operated, community based radio station in their neighborhood.

(13) Over 500 LPFM stations were allowed to proceed despite the
congressional action. These stations are currently on the air and are
run by local government agencies, groups promoting arts and education to
immigrant and indigenous peoples, artists, schools, religious
organizations, environmental groups, organizations promoting literacy,
and many other civically-oriented organizations.

(14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars
to conduct this study, the broadcasters' concerns were demonstrated to
be unsubstantiated.

(15) Minorities represent almost a third of our population. However,
according to the Federal Communication Commission's most recent Form 323
data on the race and gender of full power, commercial broadcast
licensees, minorities own only 7 percent of all local television and
radio stations. Women represent more than half of the population, but
own only 6 percent of all local television and radio stations. LPFM
stations, while not a solution to the overall inequalities in minority
and female broadcast ownership, provide an additional opportunity for
underrepresented communities to operate a station and provide local
communities with a greater diversity of viewpoints and culture.

(16) LPFM stations have proven to be a vital source of information
during local or national emergencies. Out of the few stations that were
able to stay online during Katrina, several were LPFM stations. In Bay
St. Louis, Mississippi, LPFM station WQRZ remained on the air during
Hurricane Katrina and served as the Emergency Operations Center for
Hancock County. Additionally, after Hurricane Katrina when thousands of
evacuees temporarily housed at the Houston Astrodome were unable to hear
information about the availability of food and ice, the location of FEMA
representatives, and the whereabouts of missing loved ones over the loud
speakers, volunteers handed out thousands of transistor radios and
established a LPFM station outside the Astrodome to broadcast such
information.

SEC. 3. REPEAL OF PRIOR LAW.

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 repealed.

SEC. 4. 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. 5. PROTECTION OF RADIO READING SERVICES.

The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

The Federal Communications Commission when licensing FM translator
stations shall ensure--

(1) that licenses are available to both FM translator stations and
low-power FM stations; and

(2) that such decisions are made based on the needs of the local
community.

________________________________

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