S 2989 IS

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

July 27, 2000

Mr. MCCAIN (for himself and Mr. KERREY) 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 `Low Power 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. HARMFUL INTERFERENCE PROHIBITED.

(a) IN GENERAL- Any low-power FM radio licensee determined by the Federal Communications Commission to be transmitting a signal causing harmful interference to one or more licensed radio services shall, if so ordered by the Commission, cease the transmission of the interfering signal, and may not recommence transmitting such signal unit it has taken whatever action the Commission may prescribe in order to assure that the radio licensee that has sustained the interference remains able to serve the public interest, convenience and necessity as required by the Commission's rules.

(b) COMPLAINT- Any radio service licensee may file a complaint with the Commission against any low-power FM radio licensee for transmitting a signal that is alleged to cause harmful interference.

(c) EXPEDITED CONSIDERATION- In any complaint filed pursuant to the provisions of subsection (b), the Commission shall render a final decision no later than 150 calendar days after the date on which the complaint was filed.

(d) REIMBURSEMENT OF COSTS- In any final decision rendered pursuant to this section, the Commission is authorized to order the losing party to reimburse the reasonable direct costs incurred in the complaint proceeding by the winning party.

(e) PUNITIVE DAMAGES- In any final decision rendered pursuant to this section, the Commission is authorized to impose punitive damages not to exceed 5 times the low-power FM station's costs if the Commission finds that the complaint was frivolous and without any merit or purpose other than to impede the provision of non-interfering low-power FM service.

(f) Section 316(a)(3) OF COMMUNICATIONS ACT- Section 316(a)(3) of the Communications Act of 1934 (47 U.S.C. 316(a)(3)) shall not apply to a complaint filed pursuant to this section.

(g) RULES- The Commission shall adopt rules implementing the provisions of this section within 120 days after the date of enactment of this Act.

(h) HARMFUL INTERFERENCE DEFINED- For purposes of this section, the term `harmful interference' means interference which endangers the functioning of a radio navigation service or of other safety services or that seriously degrades, obstructs, or repeatedly interrupts a radio service operating in accordance with the rules and regulations of the Federal Communications Commission.

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