Radio Broadcast Preservation Act

Section 632 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 2001,
Public Law No. 106-553.

SEC. 632. (a)(1) 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--

(A) prescribe minimum distance separations for third-adjacent channels (as
well as for co-channels and first- and second-adjacent channels); and

(B) 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).

(2) The Federal Communications Commission may not--

(A) eliminate or reduce the minimum distance separations for third-adjacent
channels required by paragraph (1)(A); or

(B) extend the eligibility for application for low-power FM stations beyond
the organizations and entities as proposed in MM Docket No. 99-25 (47 CFR
73.853),

except as expressly authorized by an Act of Congress enacted after the date
of the enactment of this Act.

(3) Any license that was issued by the Commission to a low-power FM station
prior to the date on which the Commission modifies its rules as required by
paragraph (1) and that does not comply with such modifications shall be invalid.

(b)(1) The Federal Communications Commission shall conduct an experimental
program to test whether low-power FM radio stations will result in harmful
interference to existing FM radio stations if such stations are not subject to
the minimum distance separations for third-adjacent channels required by
subsection (a). The Commission shall conduct such test in no more than nine FM
radio markets, including urban, suburban, and rural markets, by waiving the
minimum distance separations for third-adjacent channels for the stations that
are the subject of the experimental program. At least one of the stations shall
be selected for the purpose of evaluating whether minimum distance separations
for third-adjacent channels are needed for FM translator stations. The
Commission may, consistent with the public interest, continue after the
conclusion of the experimental program to waive the minimum distance separations
for third-adjacent channels for the stations that are the subject of the
experimental program.

(2) The Commission shall select an independent testing entity to conduct
field tests in the markets of the stations in the experimental program under
paragraph (1). Such field tests shall include--

(A) an opportunity for the public to comment on interference; and

(B) independent audience listening tests to determine what is objectionable
and harmful interference to the average radio listener.

(3) The Commission shall publish the results of the experimental program and
field tests and afford an opportunity for the public to comment on such results.
The Federal Communications Commission shall submit a report on the experimental
program and field tests to the Committee on Commerce of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate not later than February 1, 2001. Such report shall include--

(A) an analysis of the experimental program and field tests and of the
public comment received by the Commission;

(B) an evaluation of the impact of the modification or elimination of
minimum distance separations for third-adjacent channels on--

(i) listening audiences;

(ii) incumbent FM radio broadcasters in general, and on minority and
small market broadcasters in particular, including an analysis of the
economic impact on such broadcasters;

(iii) the transition to digital radio for terrestrial radio broadcasters;

(iv) stations that provide a reading service for the blind to the public;
and

(v) FM radio translator stations;

(C) the Commission's recommendations to the Congress to reduce or eliminate
the minimum distance separations for third-adjacent channels required by
subsection (a); and

(D) such other information and recommendations as the Commission considers
appropriate.