Senator Rod Grams (R-MN) has recently introduced S. 3020, which is identical to the LPFM legislation passed overwhelmingly earlier this year by the House. The Grams legislation does not ban LPFM, but it does provide needed protections against interference which will benefit all FM listeners.

The legislation includes the following provisions:

The bill allows the FCC to move forward with licensing LPFM stations, but it must modify its current order authorizing LPFM by taking into account third-adjacent channel protections.

It requires that a test of nine markets be conducted by an independent third party to see how LPFM (without third-adjacent channel protections) would affect current listening audiences.

The FCC must report back to Congress by February 2001 on the findings of the nine test markets.

The bill makes permanent the current third-adjacent channel protections until such time that Congress may choose to amend those protections.

It requires the FCC to conduct an economic impact study of LPFM on "incumbent FM broadcasters in general, and minority and small-market broadcasters in particular." Second, it requires an FCC study of the impact on the transition to digital in-band, on-channel radio.

It also must review the impact on stations that provide reading services for the blind and FM translators. All of these studies, including the economic impact study, must be submitted to Congress.

In a further expression of concern for small markets, the legislation establishes by law that all LPFM licenses will be non-commercial and will remain non-commercial.

The legislation also explicitly prohibits issuing an LPFM license to anyone who engaged in unlicensed (pirate) broadcasting.

In short, this bill allows the FCC to move forward with LPFM, but only under the current interference standards that ensure interference-free radio service. It then mandates further independent testing of the impact of changing those standards before allowing the FCC (with congressional approval) to modify them. This bill balances the interests in exploring the potential of low-power FM while simultaneously making sure that its introduction will not create new interference for FM listeners