Page:United States Statutes at Large Volume 124.djvu/4099

 124 STAT. 4073 PUBLIC LAW 111–371—JAN. 4, 2011 (2) WAIVER.— (A) IN GENERAL.—Notwithstanding paragraph (1), the Federal Communications Commission may grant a waiver of the second-adjacent channel distance separation require- ment to low-power FM stations that establish, using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models, that their proposed operations will not result in interference to any authorized radio service. (B) REQUIREMENTS.— (i) SUSPENSION.—Any low-power FM station that receives a waiver under subparagraph (A) shall be required to suspend operation immediately upon notification by the Federal Communications Commis- sion that it is causing interference to the reception of an existing or modified full-service FM station with- out regard to the location of the station receiving inter- ference. (ii) ELIMINATION OF INTERFERENCE.—A low-power FM station described in clause (i) shall not resume operation until such interference has been eliminated or it can demonstrate to the Federal Communications Commission that the interference was not due to emis- sions from the low-power FM station, except that such station may make short test transmissions during the period of suspended operation to check the efficacy of remedial measures. (iii) NOTIFICATION.—Upon receipt of a complaint of interference from a low-power FM station operating pursuant to a waiver authorized under subparagraph (A), the Federal Communications Commission shall notify the identified low-power FM station by telephone or other electronic communication within 1 business day. SEC. 4. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall comply with its existing minimum distance separation requirements for full- service FM stations, FM translator stations, and FM booster sta- tions that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations. SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW -POWER FM STATIONS. 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. SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS. The Federal Communications Commission shall modify its rules to address the potential for predicted interference to FM translator Deadline.