Note: this is the bill that passed the house and is not the same as S2068 the bill introduced by Senator Gregg in February. Click here to read senate bill S3020.

Grams' comments on the floor:

RADIO BROADCASTING PRESERVATION ACT OF 2000 introduced on the floor of the Senate by Rod Grams, R-Minn: "Mr. President, I rise today to introduce legislation to address the ongoing dispute between advocates of low power FM radio and full power FM radio broadcasters.
I am pleased to be joined in this bipartisan effort by Senators Baucus, Inhofe, Gregg, and Hutchison. Our legislation, the 'Radio Broadcasting Preservation Act of 2000,' was overwhelmingly passed by the House of
Representatives on April 13th by a vote of 274-110.

On January 20th, the Federal Communications Commission narrowly adopted a proposal that would establish a new radio service known as low power FM radio (LPFM). Under this program, the Commission would license hundreds of new low power FM radio stations in two classes. The new service would license stations with a maximum power level of 10 watts that would reach an area with a radius of between 1 and 2 miles, and a second class of stations with a maximum power level of 100 watts that would reach an area with a radius of three and a half miles. Although the commission adopted first- and second-adjacent channel interference protections as part of its rulemaking, it chose to allow LPFM stations to be licensed on third-adjacent channels. The FCC began accepting applications for this new service on May 30th.

Over the last several months, I have carefully listened to Minnesotans who care deeply about the issues involved in the debate over LPFM. In the absence of third-adjacent channel protection, incumbent FM broadcasters believe that low power FM radio stations would cause interference to existing radio services. LPFM advocates argue that the Federal Communications Commission has conducted adequate testing for
interference and that requiring third adjacent channel protections would unnecessarily limit the number of licensed low power FM radio stations. Further, they suggest that the 1996 Telecommunications Act has resulted in unprecedented concentration within the telecommunications industry.

Although I have many concerns about the impact of LPFM service upon current FM radio broadcasting, I share the commission's stated goal of increasing diversity in radio and television broadcasting. Earlier this Congress, I supported the enactment of the Community Broadcasters Act,
which preserves the unique community television broadcasting provided by low power television stations that are operated by diverse groups such as high schools, churches, local government and individual citizens. I also look forward to reviewing the findings and recommendations from the ongoing survey of minority broadcast owners being conducted by the National Telecommunications and Information Administration that will be used to analyze the impact of the 1996 Telecommunications Act upon minority broadcast ownership in the United States.

Mr. President, I am also very mindful of the concerns about LPFM raised by radio reading service programs. In my home state, the State Services for the Blind sponsors the 'Radio Talking Book' program. Radio Talking Book is a closed-circuit broadcast system which uses FM subcarrier frequencies from radio stations in Minnesota and South Dakota to deliver readings from newspapers, magazines and books on a daily basis to more than 10,000 blind and visually impaired persons. Sub-carrier signals are the most vulnerable to low power FM radio interference because they are located at the outer edge of the frequency space.

[Ed. Note: According to our sources, most interference comes from the subcarriers' parent signal itself!]

I am troubled by the Federal Communications Commission's decision to adopt LPFM without conducting field testing of subcarrier receivers. Nearly eight months after the Commission approved LPFM, engineering studies and field testing of these receivers have not yet been completed by the Commission, and it remains unclear as to how the FCC
intends to address interference that may be caused to radio reading services. The agency's inaction underscores the haste in which the LPFM plan was developed and gives credence to the view that the adoption of the FCC rules was a rush to judgment. I ask unanimous consent that letters from Minnesota Public Radio, the Minnesota State Services for the Blind and the International Association of Audio Information Services be inserted into the Record at this time.

For these reasons, I am pleased to introduce the 'Radio Broadcasting Preservation Act of 2000.' I believe this legislation represents the interests of LPFM advocates, full power FM broadcasters, and most importantly--radio listeners. This compromise bill will allow the Federal Communications Commission to license lower power FM radio stations while requiring additional third adjacent channel protections for full power FM broadcasters.

Among its other provisions, the Radio Broadcasting Preservation Act of 2000 would require that an independent party conduct testing in nine FM radio markets to determine whether LPFM without third adjacent channel protections would cause harmful interference to existing FM radio services. The legislation would require the FCC to submit a report to Congress which analyzes the experimental test program results; and evaluates the impact of LPFM on listening audiences, incumbent FM radio broadcasters, minority and small market broadcasters, and radio stations that provide radio reading services to the blind.

Mr. President, some advocates of the low power FM plan adopted by the Commission argue that the Congress should simply allow the agency to move forward on LPFM without any input or modifications from Congress. Those individuals apparently favor granting legislative authority to federal regulatory agencies. Since the establishment of the Federal
Communications Commission through an Act of Congress in 1934, members of the House and Senate have consistently exercised appropriate oversight of FCC rules and proposals.

As a member of the Senate, I have carefully monitored the Commission's activities to ensure responsible public policy and the wisest use of taxpayer dollars. Over the last few years, I have expressed my concern over a number of issues considered by the Commission, including satellite television, rights-of-way management, universal service, the impact of digital television rules upon low power television and translator stations, and most recently low power FM radio. Congress should not abdicate its oversight responsibilities when considering the LPFM issue.

Mr. President, I firmly believe that the 'Radio Broadcasting Preservation Act of 2000' will strengthen community broadcasting without sacrificing existing radio services. I ask unanimous consent that the full text of this bill and additional material be printed in the Record and I yield the floor."