HOUSE COMMERCE COMMITTEE PASSES
OXLEY/DINGELL/WILSON LPFM COMPROMISE

By an overwhelming vote, the House Commerce Committee Thursday approved a sweeping low-power FM bill that mandates third-adjacent channel protections for FM stations and requires the FCC to significantly modify its rules for low-power FM service.

The committee supported a substitute for H.R. 3439, the Oxley/Pallone bill, that was offered by Reps. Mike Oxley (R-OH), John Dingell (D-MI) and Heather Wilson (R-NM). The committee then gave similar approval to the revised measure and sent it to the full House of Representatives for expedited action.

The substitute contains the following provisions, which are designed to afford maximum interference-free protection for radio broadcasters:

• The bill mandates in statute and makes permanent the current third-adjacent channel protections.
• The bill requires the FCC to modify its current order authorizing LPFM by taking into account these newly-approved third-adjacent channel protections.
• It requires that a test of nine markets be conducted by an independent third party to see how LPFM (without third-adjacent channel protections) would affect current listening audiences. The FCC must report back to Congress by February 2001 on the findings of the nine test markets.
• It requires the FCC to conduct an economic impact study of LPFM on "incumbent FM broadcasters in general, and minority and small-market broadcasters in particular."
• Second, it requires an FCC study of the impact on the transition to digital in-band, on-channel radio. It also must review the impact on stations that provide reading services for the blind and FM translators. All of these studies, including the economic impact study, must be submitted to Congress.
• In a further expression of concern for small markets, the legislation establishes by law that all LPFM licenses will be non-commercial and will remain non-commercial.
• The legislation also explicitly prohibits issuing an LPFM license to anyone who engaged in unlicensed (pirate) broadcasting.
• Finally, should the Commission desire to make any changes to third-adjacent channel protections, it must get congressional approval before doing so.

This legislation is a very powerful statement by Congress in support of interference-free radio for FM listeners. It modifies the current FCC proceeding, it makes third-channel protections a part of law, and it requires congressional approval to make changes to this law. And while this legislation does not suspend or terminate the current LPFM order, it forces the FCC to re-configure its process, substantially reduces the number of LPFM stations, and nullifies any licenses issued that do not conform with these new rules.

This is a bipartisan bill that we anticipate will pass the House overwhelmingly, and which we believe will be accepted equally by the Senate, thus reducing the chance of a veto. We anticipate it will come to the House floor within the next few weeks.

We congratulate Reps. Oxley and Dingell, in particular, for their leadership, as well as the leadership of the Commerce Committee for this strong show of support for interference-free FM radio across the nation.