Local Community Radio Act
Encyclopedia
The Local Community Radio Act is an important act of broadcast law
in the United States
, explicitly authorizing the Federal Communications Commission
(FCC) to license local low-power broadcasting
in the FM broadcast band (LPFM). After five years and four versions, it finally passed the U.S. Congress in 2010, granting equal protection to community radio
stations with regard to translator and booster
stations. All three types of stations remain secondary to full-power radio station
s, which are typically owned by major corporations and nonprofits. (Previously, this second-class status was only a part of FCC regulation, rather than law.) The act negates the so-called Radio Broadcasting Preservation Act of 2000, which enacted discrimination against community LPFM stations under false claims of RF interference made to Congress, while still allowing translator stations (retransmitting what is already heard on major broadcasters' large stations) to have the same facilities at even higher power and closer spacing than local
LPFM stations were ever allowed.
and in the U.S. Senate by Senators Maria Cantwell
and John McCain
the Local Community Radio Act of 2007 failed to be voted on. The House bill, H.R. 2802, was referred to the Subcommittee on Telecommunications and the Internet on June 21, 2007. Since the bill was not passed in FY 2007, the bill was removed from the docket as Never Passed.
stations. Previously, there had been a minimum distance requirement, however the FCC found that LPFM stations did not cause any interference on third-adjacent channel stations, thus eliminating the need for such a requirement.
The Local Community Radio Act of 2009 also requires that the FCC keep the rules that offer interference protection to third-adjacent channels that offer a radio reading service
(the reading of newspapers, books or magazines for those who are blind or hearing impaired.) This protection will ensure that such channels are not subject to possible interference by LPFM stations.
The final part of the bill requires that when giving out licenses to FM stations, the FCC must make sure that these licenses are also available to LPFM stations and that licensing decisions are made with regard to local community needs.
The bill had unanimous bipartisan support from FCC leadership.
It was passed by the House and referred to the Senate.
on January 4, 2011 as , after passage in the House on December 17, 2010, and the U.S. Senate on December 18, 2010. In a statement after the bill became law, Federal Communications Commission Chair Julius Genachowski said, "Low power FM stations are small, but they make a giant contribution to local community programming. This important law eliminates the unnecessary restrictions that kept these local stations off the air in cities and towns across the country." The Act states the following: The Federal Communications Commission, when licensing new FM translator stations, FM booster stations, and low-power FM stations, shall ensure that--
(1) licenses are available to FM translator stations, FM booster stations, and low-power FM stations;
(2) such decisions are made based on the needs of the local community; and
(3) FM translator stations, FM booster stations, and low-power FM stations remain equal in status and secondary to existing and modified full-service FM stations.
In General- The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and FM booster stations.
in response to the law. It proposes to put a "floor" on the number of community LPFM stations in each media market
, without considering the land area which the market covers. This could be detrimental for community stations in markets with a lower population density
, and could result in LPFM stations being pushed into the exurbs, where more channel
s are available, but far fewer potential listeners live within a small broadcast range.
The NPRM does not appear to address the issue of major corporations using "translator" stations as LPFMs, originating programming that can otherwise only be heard on AM
or on a proprietary digital radio system called HD Radio
. This use, allowed by the FCC, circumvents caps intended to prevent excessive concentration of media ownership
, and violates the noncommercial, localism
, power
, and height rules that other community LPFM stations must abide by.
Broadcast law
Broadcast law is the field of law which pertains to broadcasting. These laws and regulations pertain to radio stations and TV stations, and are also considered to include closely related services like cable TV and cable radio, as well as satellite TV and satellite radio...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, explicitly authorizing the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) to license local low-power broadcasting
Low-power broadcasting
Low-power broadcasting is electronic broadcasting at very low power and low cost, to a small community area.The terms "low-power broadcasting" and "micropower broadcasting" should not be used interchangeably, because the markets are not the same...
in the FM broadcast band (LPFM). After five years and four versions, it finally passed the U.S. Congress in 2010, granting equal protection to community radio
Community radio
Community radio is a type of radio service, that offers a third model of radio broadcasting beyond commercial broadcasting and public broadcasting. Community stations can serve geographic communities and communities of interest...
stations with regard to translator and booster
Single-frequency network
A single-frequency network or SFN is a broadcast network where several transmitters simultaneously send the same signal over the same frequency channel.-Overview:...
stations. All three types of stations remain secondary to full-power radio station
Radio station
Radio broadcasting is a one-way wireless transmission over radio waves intended to reach a wide audience. Stations can be linked in radio networks to broadcast a common radio format, either in broadcast syndication or simulcast or both...
s, which are typically owned by major corporations and nonprofits. (Previously, this second-class status was only a part of FCC regulation, rather than law.) The act negates the so-called Radio Broadcasting Preservation Act of 2000, which enacted discrimination against community LPFM stations under false claims of RF interference made to Congress, while still allowing translator stations (retransmitting what is already heard on major broadcasters' large stations) to have the same facilities at even higher power and closer spacing than local
Local origination
In broadcasting, local origination may refer to:*community radio*community television*local insertion*local programming*public-access television...
LPFM stations were ever allowed.
Local Community Radio Act of 2005
- Introduced by U.S. Senators John McCainJohn McCainJohn Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
, Maria Cantwell, Patrick Leahy - After the FCC complied with the provisions of the Radio Broadcasting Act of 2000 by commissioning the MITRE Report to test if there was significant interference from LPFM stations on the full-power stations, the study showed that the interference of LPFM is minimal and won't have a significant effect on other stations.
- According to Sen. Leahy, "This bill will open up the airwaves to truly local broadcasting while protecting full-power broadcasters from unreasonable interference and preserving important services such as reading services for the blind."
Local Community Radio Act of 2007
Sponsored in the U.S. House of Representatives by Congressmen Mike Doyle and Lee TerryLee Terry
Lee Raymond Terry is the U.S. Representative for , serving since 1999. He is a member of the Republican Party.A lifelong Nebraskan, Congressman Lee Terry has worked continually to empower the people of the Second District. Terry has been a leader for Nebraska, advocating American energy...
and in the U.S. Senate by Senators Maria Cantwell
Maria Cantwell
Maria E. Cantwell is the junior United States Senator from the state of Washington and a member of the Democratic Party....
and John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
the Local Community Radio Act of 2007 failed to be voted on. The House bill, H.R. 2802, was referred to the Subcommittee on Telecommunications and the Internet on June 21, 2007. Since the bill was not passed in FY 2007, the bill was removed from the docket as Never Passed.
Local Community Radio Act of 2009
This bill is an update of the Local Community Radio Act of 2007. It will require FCC to alter current rules in order to get rid of the minimum distance separation between low-power FM stations and third-adjacent-channelAdjacent channel
In broadcasting an adjacent channel is an AM, FM, or TV channel that is next to another channel. First-adjacent is immediately next to another channel, second-adjacent is two channels away, and so forth. Information on adjacent channels is used in keeping stations from interfering with one...
stations. Previously, there had been a minimum distance requirement, however the FCC found that LPFM stations did not cause any interference on third-adjacent channel stations, thus eliminating the need for such a requirement.
The Local Community Radio Act of 2009 also requires that the FCC keep the rules that offer interference protection to third-adjacent channels that offer a radio reading service
Radio reading service
A radio reading service or reading service for the blind is a service of many universities, community groups and public radio stations, where a narrator reads books, newspapers and magazines aloud for the benefit of the blind and vision-impaired. It is most often carried on a subcarrier, with...
(the reading of newspapers, books or magazines for those who are blind or hearing impaired.) This protection will ensure that such channels are not subject to possible interference by LPFM stations.
The final part of the bill requires that when giving out licenses to FM stations, the FCC must make sure that these licenses are also available to LPFM stations and that licensing decisions are made with regard to local community needs.
The bill had unanimous bipartisan support from FCC leadership.
It was passed by the House and referred to the Senate.
Local Community Radio Act of 2010
The Local Community Radio Act of 2010 (based upon legislation originally introduced in 2005) was signed into law by President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
on January 4, 2011 as , after passage in the House on December 17, 2010, and the U.S. Senate on December 18, 2010. In a statement after the bill became law, Federal Communications Commission Chair Julius Genachowski said, "Low power FM stations are small, but they make a giant contribution to local community programming. This important law eliminates the unnecessary restrictions that kept these local stations off the air in cities and towns across the country." The Act states the following: The Federal Communications Commission, when licensing new FM translator stations, FM booster stations, and low-power FM stations, shall ensure that--
(1) licenses are available to FM translator stations, FM booster stations, and low-power FM stations;
(2) such decisions are made based on the needs of the local community; and
(3) FM translator stations, FM booster stations, and low-power FM stations remain equal in status and secondary to existing and modified full-service FM stations.
In General- The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and FM booster stations.
Rulemaking
In July 2011, the FCC issued a notice of proposed rulemakingNotice of proposed rulemaking
A notice of proposed rulemaking is a public notice issued by law when one of the independent agencies of the United States government wishes to add, remove, or change a rule or regulation as part of the rulemaking process. It is an important part of United States administrative law which...
in response to the law. It proposes to put a "floor" on the number of community LPFM stations in each media market
Media market
A media market, broadcast market, media region, designated market area , Television Market Area , or simply market is a region where the population can receive the same television and radio station offerings, and may also include other types of media including newspapers and Internet content...
, without considering the land area which the market covers. This could be detrimental for community stations in markets with a lower population density
Population density
Population density is a measurement of population per unit area or unit volume. It is frequently applied to living organisms, and particularly to humans...
, and could result in LPFM stations being pushed into the exurbs, where more channel
Channel (communications)
In telecommunications and computer networking, a communication channel, or channel, refers either to a physical transmission medium such as a wire, or to a logical connection over a multiplexed medium such as a radio channel...
s are available, but far fewer potential listeners live within a small broadcast range.
The NPRM does not appear to address the issue of major corporations using "translator" stations as LPFMs, originating programming that can otherwise only be heard on AM
AM broadcasting
AM broadcasting is the process of radio broadcasting using amplitude modulation. AM was the first method of impressing sound on a radio signal and is still widely used today. Commercial and public AM broadcasting is carried out in the medium wave band world wide, and on long wave and short wave...
or on a proprietary digital radio system called HD Radio
HD Radio
HD Radio, which originally stood for "Hybrid Digital", is the trademark for iBiquity's in-band on-channel digital radio technology used by AM and FM radio stations to transmit audio and data via a digital signal in conjunction with their analog signals...
. This use, allowed by the FCC, circumvents caps intended to prevent excessive concentration of media ownership
Concentration of media ownership
Concentration of media ownership refers to a process whereby progressively fewer individuals or organizations control increasing shares of the mass media...
, and violates the noncommercial, localism
Local programming
The term Local Programme, Local Programming, Local Content or Local Television refers to a television programme made by a television station or independent television producer for broadcast only within the station's transmission area or television market...
, power
Effective radiated power
In radio telecommunications, effective radiated power or equivalent radiated power is a standardized theoretical measurement of radio frequency energy using the SI unit watts, and is determined by subtracting system losses and adding system gains...
, and height rules that other community LPFM stations must abide by.