On Thursday, April 13^th, the House voted on H.R. 3439, Radio Broadcasting Preservation Act. This legislation changes a recent FCC ruling that permits the licensing of low-power FM radio stations, and reestablishes previous FCC signal interference standards that would effectively restrict the number of low-power FM stations that could operate. Furthermore, the bill also requires the FCC to carry out a study to determine the extent to which low-power stations interfere with existing regular FM stations.

Background

On Jan. 20^th, the Federal Communications Commission (FCC) adopted rules authorizing a new category of radio services for low-power, non-commercial community FM radio stations. The broadcast radius of these stations would be 1-2 miles and 3.5 miles.

This rule was adopted by the FCC because of the recent consolidations withing the radio industry caused by the 1996 Telecom Act. The FCC believes this rule will enhance community radio broadcasting by allowing under represented groups - i.e. churches, student groups, labor unions, and other community organizations - to be heard.

Existing broadcasters oppose the FCC's low-power rule because they feel low-power stations would occupy frequencies closer to existing stations, thus interfering with their broadcast signals.

Proposed Legislation

• Restricts the number of low -power FM radio stations by re-establishing previous FCC signal-interference standards.

• Currently, full-power stations may not occupy a frequency within any of the three adjacent "channel" of another full-power station in the area. The FCC's adopted rule does permit the licensing of low-power FM stations on the third-adjacent channel to an existing full-power station. The bill prohibits this from occurring.
   
• By prohibiting the licensing of low-power stations on the third adjacent channel to an existing full-power FM station, it is expected that the number of available licenses for low-power FM stations would drop from 400 to 75.

• Requires the FCC to conduct an experimental program that involves field tests to determine the extent to which low-power FM signals interfere with the signals of existing stations.

• The FCC would permit licenses to a limited number of low-power FM stations for these tests.
   
• However, the FCC already conducted signal interference tests before approving it low-power FM rule, but critics argue those test were not comprehensive.