Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - February 08, 2005)

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Ms. CANTWELL. Mr. President, today, I am pleased to be joining with the Senator from Arizona, Mr. MCCAIN, and the Senator from Vermont, Mr. LEAHY, as a cosponsor of the Local Community Radio Act of 2005. This legislation is similar to the version of S. 2505, the Low Power Radio Act of 2004 that was introduced last Congress.

This bill removes once and for all the barriers keeping low power FM service from flourishing in communities of all sizes across the country, while protecting important radio reading services. Under the existing law, my State has only a handful of low power FM stations. If this bill becomes law, the Federal Communication Commission will be able to move forward and license additional low power FM stations to serve communities all across the State of Washington such as Bainbridge Island, Vashon Island and Auburn.

Let me review the history of this issue for the Senate. The Telecommunications Act of 1996 removed completely the ownership caps restricting the number of stations that any one company can own nationwide. The Act has led to an unprecedented level of consolidation and mergers in the U.S. radio industry. Additionally, within a local market, the rules allows ownership of up to eight radio stations, on a sliding scale, depending on total number of stations in the market.

Five years ago, the FCC adopted rules creating a new, low power FM radio service in response to public concerns that the increased consolidation of radio ownership weakened the local character of radio.

Low power FM stations serve the public interest by providing significantly greater opportunities for citizen involvement in broadcasting in communities across the country. Eligible licensees are non-profit, government or educational institutions, public safety or transportations services. No existing broadcasting licensee or media entity can have an ownership interest or any program or operating agreement with any low power FM stations.

In many media markets, the number of independent local voices has dropped significantly, replaced by giant corporations replicating formats and programming from across the country. Voice-tracking, a practice in which a DJ either pre-records part of a program for a local station or for a station out of the immediate market, is not a substitute for true localism.

With fewer independent outlets available for artists to get airplay for a given genre of music, particularly for newer acts, there is a perception in some quarters of the music industry that you need to resort to the reprehensible practices such as payola in order to be heard by the public.

During its proceeding on low power FM, the FCC conducted tests on the effects of these low power stations on full power FM broadcasts for various types of radio receivers. The FCC engineering reports concluded that low power FM signals would not cause interference with the signals to full power FM stations within their service areas. Based on the results of interference testing, LPFM stations were not required to protect stations three channels away from inference as is required for full power stations. These rules allowed radio frequencies for LPFM stations to become available in larger media markets where under the old rules of third adjacent channel separation, there was no space available for them on the crowded radio dial.

While the public reaction to low power FM was positive, the reaction of FM broadcasters, both commercial and non-commercial, was negative. Congress was convinced to add a rider to the 2001 Commerce, Justice, State appropriations law that effectively undid the provisions in the FCC rules, and once again required third adjacent channel separation. Congress also required the FCC to perform a study examining the impact on interference on the third adjacent channel.

Over two million dollars later, the results of the study validated the FCC's original analysis. Last year, I joined the Senator from Arizona, Mr. MCCAIN, and the Senator from Vermont, Mr. LEAHY, in sponsoring a bill that would have accepted the results of this latest engineering study to undo the 2001 appropriations rider. It also addressed specific concerns about protecting stations providing reading services over the radio frequencies to assist the blind. Under the Senator from Arizona's (Mr. MCCAIN) leadership, the Commerce Committee reported the low power FM bill out favorably with an amendment, but it did not come to a vote on the floor.

The time has come to move ahead with this proposal. The U.S. radio industry has experienced an unprecedented wave of consolidation and mergers since passage of the 1996 Telecommunications Act. The consolidation trend has raised barriers of both size and cost for new broadcasters. The legislation we introduce today allows new entrants into broadcasting activities and new voices on our public airwaves. I hope the Commerce Committee will again act quickly on this legislation.

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