Congressman Michael G. Oxley Fourth Ohio District The Radio Broadcasting Preservation Act   H.R. 3439  On January 20, 2000, the Federal Communications Commission (FCC) issued rules creating a new low power FM (LPFM) radio service.
 
Existing broadcasters oppose the decision -- with good reason.  In establishing LPFM, the FCC significantly relaxed its interference standards, meaning increased interference with existing radio services and a devaluation of the investments of current license holders.
 
There is no question that eliminating the third adjacent channel safeguard, as the Commission has done, will lead to increased interference.  While the FCC claims that the weakened standards will not result in "unacceptable" levels of interference, this assertion is challenged by private-sector studies.
 
Inexpensive and older radios are particularly vulnerable to interference, meaning the proposal could have the adverse effect of denying many low income and elderly listeners clear reception of their favorite stations.
 
Broadcasters are justifiably concerned that the rules jeopardize the conversion to digital radio.  Unlike television broadcasters, who are being given additional free spectrum to broadcast in digital format, radio broadcasters must use their current spectrum allocations to transmit both digital and analog signals -- making adjacent channel safeguards all the more important.  At a minimum, adding a large number of low power stations to the already congested FM band will make the transition to digital more problematic.
 
The FCC lacks the resources to properly regulate LPFM and manage inevitable conflicts between services.
 
Also of concern, the FCC rules specifically make former unlicensed pirate radio operators eligible for LPFM licenses, thus re-enforcing their unlawful behavior and encouraging new unauthorized broadcasters.
 
Because the Commission's rules are inconsistent with sound spectrum management, H.R. 3439 was drafted to prevent the FCC from implementing its rules authorizing new LPFM stations.  The bill also revokes any LPFM licenses that might be issued by the time of enactment of the measure.
 
While the desire to provide a forum for community groups is laudable, a multitude of alternatives exists.  Groups may obtain commercial or noncommercial licenses, use public access cable, purchase broadcast or cable air time, publish newsletters, and utilize Internet websites and e-mail, among many other options.
 
For these reasons the new low power FM service is unnecessary and ill-advised.
 
Introduced on November 17, 1999, by Representative Michael G. Oxley, the bill enjoys the support of 104 House cosponsors.
  Oxley Introduces the Radio Broadcasting Preservation Act of 1999 Oxley Questions FCC Chairman Kennard on Low Power "Micro Radio" Proposal   more Speeches, Statements, and Letters - home