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The Leadership Conference on Civil and Human Rights

The Nation's Premier Civil and Human Rights Coalition

The Leadership Conference on Civil and Human Rights  & The Leadership Conference Education Fund
The Nation's Premier Civil and Human Rights Coalition

Civil Rights Monitor

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The CIVIL RIGHTS MONITOR is a quarterly publication that reports on civil rights issues pending before the three branches of government. The Monitor also provides a historical context within which to assess current civil rights issues. Back issues of the Monitor are available through this site. Browse or search the archives

Volume 11 No 3

Low Power FM Radio

The Federal Communications Commission (FCC) launched a licensing application process for a new low power FM radio service (LPFM). The LPFM service would have allowed a noncommercial radio service consisting of low power stations that would serve very small geographic areas (less than 3.5 miles).

The LPFM licenses were to be available to noncommercial government or private educational organizations, associations, or entities, and government or non-profit entities providing local public safety or transportation services. The Leadership Conference on Civil Rights (LCCR) believes that this new radio format is critical to ensure all segments of society are able to participate fully in the emerging communications environment.

Following the FCC announcement, the Leadership Conference and its member organizations received numerous inquiries from local civil and human rights organizations all across the country. These local organizations believe that this new FM service represents the best opportunity in years to foster local ownership and further enhance diversity in radio broadcasting.

Congressional Attacks on the Service

On February 10, 2000, Senator Judd Gregg (R-NH) introduced the Radio Broadcasting Preservation Act of 2000 (S.2068) to eliminate low power radio entirely.

On April 13, 2000, the House passed (274-110) the Radio Broadcasting Preservation Act of 2000, (H.R. 3439), to require the FCC to revise its regulations authorizing the operation of new, low-power FM radio stations (Roll Call Vote 130).

On July 27, 2000, Senators John McCain (R-AZ) and Robert Kerrey (D-NE) introduced the Low Power Radio Act of 2000 (S. 2989), to allow low power radio to move forward and ensure that the FCC will respond to legitimate concerns about interference.

On September 7, 2000, Senator Rod Grams (R-MN) introduced the Radio Broadcasting Preservation Act (S.3020), to drastically curtail low power radio. It required the FCC to conduct limited low power radio experiments, and required further Congressional action to authorize the full low power radio project created by the FCC.

On October 27, 2000, Congress added anti-LPFM language to the Commerce, Justice, State Appropriations Bill (H.R. 4942), that would cut back 80 percent of low power FM radio stations. This is the same language included in Senator Grams proposal (S. 3020) and the version of the Radio Broadcasting Preservation Act (H.R. 3439) which passed the House.

On Friday, December 15, 2000, language contained in Grams legislation passed both the House and Senate as part of the omnibus budget bills. Under the legislation, the previous interference rules will go into effect. Thus, there will be some low power radio, but it will be cut back by 80 percent.

When President Clinton signed into law provisions of the omnibus budget bills that curbed the development of low power FM on December 21, 2000, he stated: "this bill greatly restricts low-power FM radio broadcast. Low power radio stations are important tools in fostering diversity on the airwaves through community-based programming. I am deeply disappointed that Congress chose to restrict the voice of our nation's churches, schools, civic organizations and community groups. I commend the FCC for giving a voice to the voiceless, and I urge the Commission to go forward in licensing as many stations as possible consistent with the limitations imposed by Congress."

On the same day, the FCC announced that 255 noncommercial educational applicants in 20 states are eligible for new low power FM (LPFM) licenses. The FCC said that, pursuant to provisions of the Commerce, Justice, State Appropriations Bill, applicants are only eligible for LPFM licenses if the stations proposed in their applications do not interfere with other FM stations and the applicants do not engage in the unlicensed operation of any broadcast station.

For further information on low power FM, visit the Media Access Project on the web at http://www.mediaaccess.org/programs/lpfm/ rpa2000.html

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