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Copyright 2000 The New York Times Company  
The New York Times

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April 14, 2000, Friday, Late Edition - Final

SECTION: Section C; Page 1; Column 5; Business/Financial Desk 

LENGTH: 724 words

HEADLINE: House Clears Bill to Curb Plans for FM

BYLINE:  By STEPHEN LABATON 

DATELINE: WASHINGTON, April 13

BODY:
Prodded by the nation's largest broadcasters, the House overwhelmingly approved legislation today that would curtail ambitious plans to open the FM airwaves to hundreds of new low-power stations for churches, community groups and schools.

The legislation, approved by a vote of 274 to 110, was marked by a bitter debate in which its Republican supporters accused officials of the Federal Communications Commission of violating a criminal law that forbids government agencies from lobbying Congress.

Top officials at the agency who waged an unsuccessful last-ditch effort to derail the bill, denied that they had violated any laws. They said the legislation marked the first time in the agency's 65-year-history that a chamber of Congress had stripped the Commission of its authority to oversee a portion of the radio spectrum.

The bill, which is opposed by the White House, now moves to the Senate where a similar version has gained considerable support but where a coalition of schools, churches, musical artists and major religious organizations hope to stop it. The lopsided nature of today's vote gave great hope to the supporters of the measure that Congress would be able to complete legislation this term substantially rolling back or killing the low-power radio program.

The legislation has been supported by the National Association of Broadcasters and National Public Radio. It has been opposed by labor organizations, the National League of Cities, the U.S. Conference of Mayors, and a number of prominent religious, civil rights and consumer groups.

The legislation approved today would reduce the number of possible stations by 80 percent, delaying implementation of most of the rest of the plan until at least next year, and require the agency to perform a $1 million new technical test of the broadcast spectrum without providing any new financing for it.

"Our bill says before you run full speed ahead with these licenses, make sure that the interference requirements are adhered to," said Representative Michael G. Oxley, the Ohio Republican who was its chief sponsor.

But opponents of the measure said the broadcasting industry had used a combination of scare-and-smear tactics that successfully convinced the House to adopt a bill that would all but doom the F.C.C.'s plan. They said the broadcasters were simply frightened by new competition that might draw from their audiences.

"This is very cynical legislation," said William E. Kennard, the chairman of the F.C.C. who first proposed the plan more than a year ago. "As a practical matter it would kill low power FM."

Facing thousands of requests for new low-power stations and mounting Congressional pressure to abandon the plan, the F.C.C. two weeks ago began the licensing process by conducting a lottery to determine which states will be eligible first for the noncommercial licenses. The licenses would enable so-called micro-radio broadcasters to use inexpensive equipment and relatively small antennas for 100-watt stations that could beam programs over geographic areas as large as seven miles.

Mr. Kennard and other supporters of the low power radio plan have said it is a powerful antidote to the rapid consolidation of the radio industry and declining diversity of the airwaves. They have also said that the government had already completed extensive testing and that the F.C.C. had scaled back a more ambitious low-power radio program to assure that signal interference would be minimal.

But the nation's leading broadcasters and National Public Radio have asked Congress to approve legislation curtailing the program because they say their engineering studies demonstrate that the low-power stations will produce significant levels of signal interference impairing the transmissions of existing stations.

The broadcasters and their supporters in Congress have accused Mr. Kennard and the F.C.C. of abdicating their responsibility to protect the integrity of the spectrum from being polluted by too many signals.

"The F.C.C. has moved without any consideration of the facts," said Representative John Dingell, Democrat of Michigan. "This is a reasonable common sense compromise. It will protect the broadcasters, it will protect the licensees, and above all else, it will protect listeners of the FM radio spectrum."
        

http://www.nytimes.com

LOAD-DATE: April 14, 2000




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