S 2518 IS

To provide for the technical integrity of the FM radio band, and for other purposes.

May 8, 2000

Mr. MCCAIN introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To provide for the technical integrity of the FM radio band, 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 `FM Radio Act of 2000'.

SEC. 2. PURPOSE.

It is the purpose of this Act to ensure the technical integrity of the FM radio band, while permitting the introduction of low power FM transmitters into such band without causing harmful interference.

SEC. 3. INTERFERENCE PROHIBITED.

(a) Any low power radio licensee that transmits a signal causing harmful interference (as determined by the National Academy of Sciences) to the signal of any full power radio station shall cease the transmission of all signals, and may not recommence transmitting signals until it has taken such steps as the National Academy of Sciences determines to be necessary to ensure that such signals will not cause harmful interference to the signal of any full power radio station.

(b) Any full power radio licensee may bring a cause of action against a low power radio licensee that has transmitted a signal that has caused harmful interference to the signal of such full power licensee in any district court of the United States of competent jurisdiction.

(c) In any action brought pursuant to the provisions of subsection (b), the burden of proof shall be borne by the low power radio licensee.

(d) In any action brought pursuant to the provisions of subsection (b), the costs incurred by the National Academy of Sciences shall be borne by--

(1) the low power radio licensee, if the National Academy of Sciences determines that the signals transmitted by such licensee caused harmful interference; or

(2) the full power radio licensee, if the National Academy of Sciences determines that the signals transmitted by such licensee caused harmful interference.

SEC. 4. DIGITAL RADIO TRANSITION.

The Federal Communications Commission shall complete all rulemakings necessary to implement the transition to digital radio no later than June 1, 2001.

END