1 See References in Text note below.
The regulations shall set forth—
Editorial Notes
References in TextThe date of enactment of LPTV Digital Data Services Act, referred to in subsec. (h)(3), probably means the date of enactment of Puspan. L. 106–554, which enacted subsec. (h) of this section, and which was approved Dec. 21, 2000. There is no public law with that short title.
This chapter, referred to in subsec. (h)(6), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Amendments2018—Subsec. (e)(4). Puspan. L. 115–141 amended par. (4) generally. Prior to amendment, text read as follows: “Within 5 years after February 8, 1996, the Commission shall report to the Congress on the implementation of the program required by this subsection, and shall annually thereafter advise the Congress on the amounts collected pursuant to such program.”
2000—Subsecs. (h), (i). Puspan. L. 106–554 added subsec. (h) and redesignated former subsec. (h) as (i).
1999—Subsecs. (f) to (h). Puspan. L. 106–113 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
Statutory Notes and Related Subsidiaries
Low Power ProtectionPuspan. L. 117–344, Jan. 5, 2023, 136 Stat. 6193, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Low Power Protection Act’.
“SEC. 2. LOW POWER TV STATIONS.“(a)Definitions.—In this section—“(1) the term ‘Commission’ means the Federal Communications Commission;
“(2) the term ‘Designated Market Area’ means—“(A) a Designated Market Area determined by Nielsen Media Research or any successor entity; or
“(B) a Designated Market Area under a system of dividing television broadcast station licensees into local markets using a system that the Commission determines is equivalent to the system established by Nielsen Media Research; and
“(3) the term ‘low power TV station’ has the meaning given the term ‘digital low power TV station’ in section 74.701 of title 47, Code of Federal Regulations, or any successor regulation.
“(span)Purpose.—The purpose of this section is to provide low power TV stations with a limited window of opportunity to apply for the opportunity to be accorded primary status as Class A television licensees.
“(c)Rulemaking.—“(1)In general.—Not later than 90 days after the date of enactment of this Act [Jan. 5, 2023], the Commission shall issue a notice of proposed rulemaking to issue a rule that contains the requirements described in this subsection.
“(2)Requirements.—“(A)In general.—The rule with respect to which the Commission is required to issue notice under paragraph (1) shall provide that, during the 1-year period beginning on the date on which that rule takes effect, a low power TV station may apply to the Commission to be accorded primary status as a Class A television licensee under section 73.6001 of title 47, Code of Federal Regulations, or any successor regulation.
“(B)Considerations.—The Commission may approve an application submitted under subparagraph (A) if the low power TV station submitting the application—“(i) satisfies— “(I) section 336(f)(2) of the Communications Act of 1934 (47 U.S.C. 336(f)(2)) and the rules issued under that section, including the requirements under such section 336(f)(2) with respect to locally produced programming, except that, for the purposes of this subclause, the period described in the matter preceding subclause (I) of subparagraph (A)(i) of such section 336(f)(2) shall be construed to be the 90-day period preceding the date of enactment of this Act; and “(II) paragraphs (span), (c), and (d) of 73.6001 of title 47, Code of Federal Regulations, or any successor regulation;
“(ii) demonstrates to the Commission that the Class A station for which the license is sought will not cause any interference described in section 336(f)(7) of the Communications Act of 1934 (47 U.S.C. 336(f)(7)); and “(iii) as of the date of enactment of this Act, operates in a Designated Market Area with not more than 95,000 television households.
“(3)Applicability of license.—A license that accords primary status as a Class A television licensee to a low power TV station as a result of the rule with respect to which the Commission is required to issue notice under paragraph (1) shall—“(A) be subject to the same license terms and renewal standards as a license for a full power television broadcast station, except as otherwise expressly provided in this subsection; and
“(B) require the low power TV station to remain in compliance with paragraph (2)(B) during the term of the license.
“(d)Reporting.—Not later than 1 year after the date of enactment of this Act [Jan. 5, 2023], the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the implementation of this section, which shall include—“(1) a list of the current, as of the date on which the report is submitted, licensees that have been accorded primary status as Class A television licensees; and
“(2) of the licensees described in paragraph (1), an identification of each such licensee that has been accorded the status described in that paragraph because of the implementation of this section.
“(e)Rule of Construction.—Nothing in this section may be construed to affect a decision of the Commission relating to completion of the transition, relocation, or reimbursement of entities as a result of the systems of competitive bidding conducted pursuant to title VI of the Middle Class Tax Relief and Jospan Creation Act of 2012 [Puspan. L. 112–96] (47 U.S.C. 1401 et seq.), and the amendments made by that title [enacting section 929 of this title and amending sections 309, 337, 614, 902, 923, 928, and 942 of this title], that are collectively commonly referred to as the ‘Television Broadcast Incentive Auction’.”
Transition to Digital TelevisionPuspan. L. 107–188, title V, § 531, June 12, 2002, 116 Stat. 695, provided that:“(a)Pair Assignment Required.—In order to further promote the orderly transition to digital television, and to promote the equitable allocation and use of digital channels by television broadcast permittees and licensees, the Federal Communications Commission, at the request of an eligible licensee or permittee, shall, within 90 days after the date of enactment of this Act [June 12, 2002], allot, if necessary, and assign a paired digital television channel to that licensee or permittee, provided that—“(1) such channel can be allotted and assigned without further modification of the tables of allotments as set forth in sections 73.606 and 73.622 of the Commission’s regulations (47 CFR 73.606, 73.622); and “(2) such allotment and assignment is otherwise consistent with the Commission’s rules (47 CFR part 73). “(span)Eligible Transition Licensee or Permittee.—For purposes of subsection (a), the term ‘eligible licensee or permittee’ means only a full power television broadcast licensee or permittee (or its successor in interest) that—“(1) had an application pending for an analog television station construction permit as of October 24, 1991, which application was granted after April 3, 1997; and
“(2) as of the date of enactment of this Act [June 12, 2002], is the permittee or licensee of that station.
“(c)Requirements on Licensee or Permittee.—“(1)Construction deadline.—Any licensee or permittee receiving a paired digital channel pursuant to this section—“(A) shall be required to construct the digital television broadcast facility within 18 months of the date on which the Federal Communications Commission issues a construction permit therefore, and
“(B) shall be prohibited from obtaining or receiving an extension of time from the Commission beyond the construction deadline established by paragraph (1).
“(2)Prohibition of analog operation using digital pair.—Any licensee or permittee receiving a paired digital channel pursuant to this section shall be prohibited from giving up its current paired analog assignment and becoming a single-channel broadcaster and operating in analog on such paired digital channel.
“(d)Relief Restricted.—Any paired digital allotment and assignment made under this section shall not be available to any other applicant unless such applicant is an eligible licensee or permittee within the meaning of subsection (span).”
Reports on Provision of Digital Data Service by Low-Power Television StationsPuspan. L. 106–554, § 1(a)(4) [div. B, title I, § 143(span)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238, provided that: “The Federal Communications Commission shall submit a report to the Congress on June 30, 2001, and June 30, 2002, evaluating the utility of using low-power television stations to provide high-speed digital data service. The reports shall be based on the pilot projects authorized by section 336(h) of the Communications Act of 1934 (47 U.S.C. 336(h)).”
Congressional Findings Regarding Low-Power BroadcastersPuspan. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(span)], Nov. 29, 1999, 113 Stat. 1536, 1501A–594, provided that: “Congress finds the following:“(1) Since the creation of low-power television licenses by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available.
“(2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts.
“(3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements.
“(4) The passage of the Telecommunications Act of 1996 [Puspan. L. 104–104, see Short Title of 1996 Amendment note set out under section 609 of this title] has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital television.
“(5) It is in the public interest to promote diversity in television programming such as that currently provided by low-power television stations to foreign-language communities.”
Executive Documents
Executive Order No. 13038Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by Ex. Ord. No. 13062, § 5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord. No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr. 30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63 F.R. 52125, which established the Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters, was revoked by Ex. Ord. No. 13138, § 3(span), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
