SECTION 1. SHORT TITLE.

This Act may be cited as the `Internet Freedom Preservation Act of 2008'.

SEC. 2. FINDINGS.

Congress finds the following:

1) The Internet has had profound benefits for numerous aspects of daily life for millions of people throughout the United States and is increasingly vital to the economy of the United States.

2) The importance of the broadband marketplace to citizens, communities, and commerce warrants a thorough inquiry to obtain input and ideas for a variety of broadband policies that will promote openness, competition, innovation, and affordable, ubiquitous broadband service for all individuals in the United States.

SEC. 3. BROADBAND POLICY.

Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new section:

`SEC. 12. BROADBAND POLICY.

It is the policy of the United States--

`(1) to maintain the freedom to use for lawful purposes broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators, as has been the policy and history of the Internet and the basis of user expectations since its inception;

`(2) to ensure that the Internet remains a vital force in the United States economy, thereby enabling the Nation to preserve its global leadership in online commerce and technological innovation;

`(3) to preserve and promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, lawful content, applications, and services of their choosing, using their selection of devices, as long as such devices do not harm the network; and

`(4) to safeguard the open marketplace of ideas on the Internet by adopting and enforcing baseline protections to guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet.'.

SEC. 4. INTERNET FREEDOM ASSESSMENT.

(a) Internet Freedom Assessment Required-

(1) IN GENERAL- Within 90 days after the date of the enactment of this Act, the Federal Communications Commission (in this Act referred to as the `Commission') shall commence a proceeding on broadband services and consumer rights.

(2) SPECIFIC REQUIREMENTS- As part of the proceeding under this section, the Commission shall assess--

(A) whether broadband network providers adhere to the Commission's Broadband Policy Statement of August, 2005 (FCC 05-151), including whether, consistent with the needs of law enforcement, such providers refrain from blocking, thwarting, or unreasonably interfering with the ability of consumers to--

(i) access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet;

(iii) attach or connect their choice of legal devices to use in conjunction with their broadband telecommunications or information services, provided such devices do not harm the network;

(B) whether broadband network providers add charges for quality of service, or other similar additional fees or surcharges, to certain Internet applications and service providers, and whether such pricing conflicts with the policies of the United States stated in section 12 of the Communications Act of 1934 (as added by section 3 of this Act);

<(C) whether broadband network providers offer to consumers parental control protection tools, services to combat unsolicited commercial electronic mail, and other similar consumer services, the manner in which such services are offered, and the extent to which such services are consistent with such policies of the United States;

(D) practices by which network providers manage or prioritize network traffic, including prioritization for emergency communications, and whether and in what instances such practices may be consistent with such policies of the United States;

(E) with respect to content, applications, and services--

(i) the historic economic benefits of an open platform;

(ii) the relationship between competition in the broadband Internet access market and an open platform; and

(iii) the policy choices and results of global competitors with respect to access competition and an open platform;

(F) whether the need for enforceable rules governing openness, consumer rights, and consumer protections or prohibiting unreasonable discrimination is lessened if a broadband network provider provides significantly high bandwidth speeds to consumers; and

(G) the potential of policies promoting openness in spectrum allocation, universal service programs, and video franchising to expand innovation through protection from unreasonable interference by network owners of an open marketplace for speech and commerce in content, applications, and services.

(b) Public Broadband Summits Required-

(1) IN GENERAL- As part of the proceeding required under subsection (a), and within 1 year after the date of the enactment of this Act, the Commission shall conduct a minimum of 8 public broadband summits, in geographically diverse locations, around the United States. The Commission shall publicly announce the time and location of each such summit at least 30 days in advance.

(2) PURPOSE OF PUBLIC BROADBAND SUMMITS- Such public broadband summits shall seek to bring together, among others, consumers, consumer advocates, small business owners, corporations, venture capitalists, State and local governments, academia, labor organizations, religious organizations, representatives of higher education, primary and secondary schools, public libraries, public safety, and the technology sector to assess competition, consumer protection, and consumer choice issues related to broadband Internet access services.

(c) Internet Input- As part of the proceeding required under subsection (a), the Commission shall seek to utilize broadband technology to encourage input from and communication with the people of the United States through the Internet in a manner that will maximize the ability of such people to participate in such proceeding.

Report to Congress- Within 90 days after completing the summits under subsection (b), the Commission shall submit a report to Congress--

(1) summarizing the results of the assessment under subsection (a), including information gained from the public summits under subsection (b); and

(2) providing recommendations on how to promote competition, safeguard free speech, and ensure robust consumer protections and consumer choice relating to broadband Internet access services. Sponsor: Rep Markey, Edward J. [MA-7] (introduced 2/12/2008)  Cosponsors (11)  
 

Latest Major Action: 5/6/2008 House committee/subcommittee actions. Status: Subcommittee Hearings Held.

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Local Community Radio Act of 2007 (H.R. 2802), introduced in the House on 6/21/07, 110th CONGRESS, 1st Session by Mr. Doyle (for himself and Mr. Terry), and referred to the Committee on Energy and Commerce .

To implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

SECTION 1. SHORT TITLE.

This Act may be cited as the `Local Community Radio Act of 2007'.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation.
(3) A commitment to localism--local operations, local research, local management, locally-originated programming, local artists, and local news and events--would bolster radio listening.
(4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station.
(5) In 2003, the average cost to acquire a commercial radio station was more than $2,500,000.
(6) In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called `low-power FM' or `LPFM' to `enhance locally focused community-oriented radio broadcasting'.
(7) Through the creation of LPFM, the Commission sought to `create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests'.

(8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, `We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.'.

(9) Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield.

(10) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis.

(11) In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band.

(12) The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood.

(13) Over 500 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations.

(14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated.

(15) Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture.

(16) LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information.

SEC. 3. REPEAL OF PRIOR LAW.

Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed.

SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.

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.

SEC. 5. PROTECTION OF RADIO READING SERVICES.

The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference.

SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.

The Federal Communications Commission when licensing FM translator stations shall ensure--

(1) that licenses are available to both FM translator stations and low-power FM stations; and

(2) that such decisions are made based on the needs of the local community.

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