Local Community Radio Act

Broadcast radio law in the United States

Local Community Radio Act of 2010

Long title| An Act To implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service, and for other purposes.
Enacted by| the 111th United States Congress

The Local Community Radio Act is an 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 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 stations, 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 Radio Broadcasting Preservation Act of 2000, which prevented community LPFM stations on the basis of RF interference.

## Versions

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### Local Community Radio Act of 2005

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* Introduced by U.S. Senators John McCain, 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.[1]
* 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."[2]

### Local Community Radio Act of 2007

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Sponsored in the U.S. House of Representatives by Congressmen Mike Doyle and Lee Terry 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. Other than that nothing has come to the observation till now.[3] 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

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This bill was an update of the Local Community Radio Act of 2007. It required FCC to alter current rules in order to eliminate the minimum distance separation between low-power FM stations and third-adjacent-channel stations.[4] 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.[5]

The Local Community Radio Act of 2009 also required 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.)[6] This protection was to ensure that such channels are not subject to possible interference by LPFM stations.[3]

The final part of the bill required that when giving out licenses to FM stations, the FCC must make licenses available to LPFM stations and that licensing decisions be made with regard to local community needs.[4]

The bill had unanimous bipartisan support from FCC leadership.[7] It was passed by the House and referred to the Senate.

### Local Community Radio Act of 2010

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The Local Community Radio Act of 2010 (based upon legislation originally introduced in 2005) was signed into law by President Barack Obama on January 4, 2011 as Pub. L. 111–371 (text) (PDF), 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

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In July 2011, the FCC issued a notice of proposed rulemaking 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 channels are available, but far fewer potential listeners live within a small broadcast range.

A March 19, 2012, FTC ruling appears to address the concern that major corporations using "translator" stations as LPFMs, originating programming that could otherwise only have been heard on AM or on a proprietary digital radio system called HD Radio. This use, disallowed by the FCC, could have circumvented 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.[8]

## References

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1. ^ "Archived copy". Archived from the original on 2011-05-25. Retrieved 2011-07-18.`{{cite web}}`: CS1 maint: archived copy as title (link)
2. ^ http://www.mccain.senate.gov/public/index.cfm/press-releases?ID=8904246a-cd92-489c-81b1-48d8eddc4298 Archived at https://web.archive.org/web/20170202083412/http://www.mccain.senate.gov/public/index.cfm/press-releases?ID=8904246a-cd92-489c-81b1-48d8eddc4298
3. ^ a b GovTrack.us. (2007) "H.R. 2802: Local Community Radio Act of 2007." GovTrack.us. Retrieved February 12, 2008, from http://www.govtrack.us/congress/bill.xpd?bill=h110-2802
4. ^ a b WashingtonWatch.com. (2009) "H.R. 1147, The Local Community Radio Act of 2009." "WashingtonWatch.com." Retrieved May 23, 2009, from http://www.washingtonwatch.com/bills/show/111_HR_1147.html#toc2
5. ^ RADIO magazine - The Radio Technology Leader. (2004) "FCC Reports LPFM Interference Findings to Congress." "Media Access Project." Retrieved May 24, 2009, from "Archived copy" (PDF). Archived from the original (PDF) on 2008-04-09. Retrieved 2008-03-03.`{{cite web}}`: CS1 maint: archived copy as title (link)
6. ^ KPBS Radio Reading Service. "About." "KPBS." Retrieved May 23, 2009, from http://kpbsreadingservice.org
7. ^ United States Congress (September 18, 2009). "FCC: Unanimous, bipartisan support for LPFM". Free Press. Archived from the original on 2021-12-20.
8. ^ RawStory.com, FCC decision strikes critical blow to right-wing radio dominance, March 20, 2012

* v
* t
* e

Federal Communications Commission

* Brendan Carr (since 2017)
* Anna M. Gomez (since 2023)
* Olivia Trusty (since 2025)
* 2 seats vacant

Chairs|

* Eugene O. Sykes (1934–35)
* Anning Smith Prall (1935–37)
* Frank R. McNinch (1937–39)
* James Lawrence Fly (1939–44)
* E. K. Jett (1944)
* Paul A. Porter (1944–46)
* Charles R. Denny (1946–47)
* Paul A. Walker (1947)
* Wayne Coy (1947–52)
* Paul A. Walker (1952–53)
* Rosel H. Hyde (1953–54)
* George McConnaughey (1954–57)
* John C. Doerfer (1957–60)
* Frederick W. Ford (1960–61)
* Newton N. Minow (1961–63)
* E. William Henry (1963–66)
* Rosel H. Hyde (1966–69)
* Dean Burch (1969–74)
* Richard E. Wiley (1974–77)
* Charles D. Ferris (1977–81)
* Robert Lee (1981)
* Mark S. Fowler (1981–87)
* Dennis R. Patrick (1987–89)
* Alfred C. Sikes (1989–93)
* James Henry Quello (1993)
* Reed Hundt (1993–97)
* William Kennard (1997–2001)
* Michael Powell (2001–05)
* Kevin Martin (2005–09)
* Michael Copps (2009)
* Julius Genachowski (2009–13)
* Mignon Clyburn (2013)
* Tom Wheeler (2013–17)
* Ajit Pai (2017–21)
* Jessica Rosenworcel (2021–25)
* Brendan Carr (since 2025)

Statutory
authority
(Title 47 USC)|

* Communications Act of 1934
* Brinkley Act
* All-Channel Receiver Act (1962)
* Communications Satellite Act of 1962
* Public Broadcasting Act of 1967
* Cable Communications Policy Act of 1984
* Satellite Home Viewer Act (1988)
* Children's Television Act (1990)
* Telephone Consumer Protection Act of 1991
* Cable Television Consumer Protection and Competition Act of 1992
* Communications Assistance for Law Enforcement Act (1994)
* Telecommunications Act of 1996
* Communications Decency Act
* Section 230
* Child Online Protection Act (1998)
* Wireless Communications and Public Safety Act (1999)
* Broadcast Decency Enforcement Act of 2005
* Digital Transition and Public Safety Act of 2005
* Junk Fax Prevention Act of 2005
* Telephone Records and Privacy Protection Act of 2006
* Short-term Analog Flash and Emergency Readiness Act (2008)
* Truth in Caller ID Act of 2009
* Commercial Advertisement Loudness Mitigation Act (2010)
* Local Community Radio Act (2010)
* Satellite Television Extension and Localism Act of 2010

Regulations
and policies
(Title 47 CFR)|

* Title 47 CFR Part 15
* Title 47 CFR Part 68
* Title 47 CFR Part 97

| Broadcast
licensing
and facilities|

* 1978 Broadcast Policy Statement on minority ownership
* 2008 United States wireless spectrum auction
* Ancillary Terrestrial Component
* Antenna structure registration
* AWS-3 auction
* Broadcast call signs
* Broadcast flag
* Broadcast license
* Broadcast range
* Broadcasting duopoly
* Carriage dispute
* City of license
* Class A television service
* Clear-channel station
* Comparative hearing
* Dark and silent stations
* Dispersal of ownership
* Facility ID
* FM Non-Duplication Rule (1964–86)
* Frequency coordinator
* Local marketing agreement
* MVDDS
* dispute
* Program test authority
* Public file
* Radio Amateur Civil Emergency Service
* Reference distance
* Rimshot broadcasting
* Significantly viewed signals permitted to be carried
* Special temporary authority
* United States National Radio Quiet Zone
* White spaces

|

Broadcasting
content and
programming|

* Actionable indecency
* Broadcasting watershed
* Emergency Alert System
* Equal-time rule
* Family Viewing Hour
* Fairness doctrine (1949–87)
* Financial Interest and Syndication Rules (1970–93)
* Fleeting expletive
* Government-access television
* Mayflower doctrine (1941–49)
* Must-carry
* Non-commercial educational station
* Personal attack rule
* Pervasiveness doctrine
* Prime Time Access Rule
* Public-access television
* Retransmission consent
* Seven dirty words
* Syndication exclusivity
* Zapple doctrine (1970–2014)

Telephone and
the Internet|

* Carterfone decision
* Comparably efficient interconnection
* Competitive local exchange carrier
* Emergency telephone number
* Enhanced 911
* FCC Computer Inquiries
* Second Computer Inquiry
* FCC mark
* FCC registration program
* Feature group
* FCC Open Internet Order
* Incumbent local exchange carrier
* Lifeline program
* National Broadband Plan
* National Do Not Call Registry
* Personal Communications Service
* Basic Trading Areas
* Telecommunications Service Priority
* Priority level
* Total element long run incremental cost
* Traffic pumping
* Universal Licensing System
* Universal Service Fund
* E-Rate

Litigation|

| Supreme Court|

* FCC v. Sanders Brothers Radio Station (1940)
* National Broadcasting Co. v. United States (1943)
* United States v. Southwestern Cable Co. (1968)
* Red Lion Broadcasting Co. v. FCC (1969)
* FCC v. Pacifica Foundation (1978)
* CBS, Inc. v. FCC (1981)
* Sable Communications of California v. FCC (1989)
* Metro Broadcasting, Inc. v. FCC (1990)
* Turner Broadcasting System, Inc. v. FCC (1994)
* Verizon Communications Inc. v. FCC (2002)
* Nixon v. Missouri Municipal League (2004)
* National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005)
* FCC v. Fox Television Stations, Inc. (2009)
* FCC v. AT&T Inc. (2011)
* FCC v. Fox Television Stations, Inc. (2012)
* FCC v. Prometheus Radio Project (2021)

|

Other
federal cases|

* Hush-A-Phone Corp. v. United States (1956)
* American Radio Relay League, Inc. v. FCC (1980)
* Schurz Communications, Inc. v. FCC (1992)
* Lutheran Church–Missouri Synod v. FCC (1998)
* SBC Communications, Inc. v. FCC (1998)
* Satellite Broadcasting & Communications Ass'n v. FCC (2001)
* United States Telecom Association v. FCC (2004)
* Comcast Corp. v. FCC (2010)
* Verizon Communications Inc. v. FCC (2014)
* Tennessee v. FCC (2016)
* Mozilla Corp. v. FCC (2019)
* Prometheus Radio Project v. FCC (2019)
* Consumers' Research v. FCC (2023)

Agency
publications|

* Report on Chain Broadcasting (1941)
* Blue Book (1946)
* FCC Record (1986–)

Advisory
committees|

* FCC Network Study Committee
* Federal-State Joint Conference on Advanced Telecommunications Services
* North American Numbering Council
* Spectrum Task Force
* Technical Advisory Council

Predecessor
agencies|

* Interstate Commerce Commission
* Mann–Elkins Act
* Radio Act of 1912
* Kingsbury Commitment
* Willis Graham Act
* Federal Radio Commission
* Radio Act of 1927
* Davis Amendment
* General Order 32
* General Order 40
* Grand Island FCC Monitoring Station

Related|

* AllVid
* Broadband.gov
* Broadcasting in the United States
* Radio
* FM broadcasting
* Television
* Cable television
* Digital television
* Digital television transition
* High-definition television
* Multichannel television
* Satellite television
* Communications in the United States
* "FCC Song"
* Federal Communications Bar Association
* History of the telephone in the United States
* Howard Stern Show fines
* Internet in the United States
* Leased access
* Local franchise authority
* Media cross-ownership in the United States
* Modem tax
* National Exchange Carrier Association
* Net neutrality in the United States
* Open spectrum
* "PTV"
* RM-2493
* Security Control of Air Traffic and Air Navigation Aids
* Super Bowl XXXVIII halftime show controversy
* Telecommunications policy of the United States
* Telegraphy in the United States
* "Television and the Public Interest"
* Wireless Ship Act of 1910

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