C!rongress of fIre Nnifell §fafes IDm;J,ill gfllll, D@ 20515 July 12,2011 Chairman Julius Genachowski Federal Communications Commission 445 11t h Street, SW Washington, DC 20554 RE: Creation a/A Loll' Power Radio Service (MM Docket No. 99-2j) and Amendment ojSenice and Eligibility ru!esfor FM Broadcast 7i'ans!olOr Slations (MB Docket :'io. (r-!72) Dear Chairman Genachowski: We are pleased that the Commission is moving forward to implement the Local Community Radio Act, legislation enacted last December to expand licensing of low-power FM (LPFM) radio stations in communities nationwide. By making space on the dial in the largest radio markets for new LPFM stations, as the law requires, the Commission will facilitate the creation ofhundreds, or even thousands, of new radio stations that will provide locally originated programming in many cities and towns around the country. As original sponsors ofthe Local Community Radio Act, we commend the Commission for the completion of a market-by-market examination ofspectrum occupancy in the top 150 radio markets to determine available space for new LPFM stations. The Commission must weigh many legitimate, yet sometimes conflicting, interests in the implementation of this law, so we are especially pleased to see the Commission take such a careful and balanced approach. In particular, we believe the Commission's proposal for a "market test" to determine whether the pending translator applications in each market would allow sufficient space for a given number of LPFM stations is a fair solution to this difficult balancing task. While ensuring sufficient spectrum for LPFM stations in more congested radio markets, this mechanism also provides for the rapid licensing ofnew translators in markets where such licensing would not unduly preclude new LPFM stations. Through this method, the Commission strikes a fair balance in meeting the requirements of the law, serving the public interest by generating locally originated programming, and addressing the interests oftranslator applicants. We emphasize that Section 5 ofthe Local Community Radio Act requires the Commission to "ensure that licenses are available to ... low-power FM stations" as well as translators and booster stations. This provision was carefully negotiated by its sponsors and many interested parties to strike a balance among competing interests. This language does not leave the Commission free to process translator applications to the exclusion of LPFM stations. For this reason, we sUpp0I1 the Commission's proposal because it takes into account the needs of PRINTED ON RECYCLED PAPER 0868 translator applicants and the needs ofthe many community groups, schools and churches who have waited for over ten years to start low power radio stations. Given the immense community benefits provided by existing LPFM stations to the localities they serve, as outlined in the Commission s recently released I' port entitled "The Information Needs ofCommunities we encourage the Commission to give close consideration to the potential benefits ofnew LPFM stations in preserving and promoting local news and public affairs, religious, minority, public safety, and other programming. At a time ofparticular difficulty in the journalism industry the expansion ofLPFM will greatly contribute to the richness of local public dialogue and will enhance opportunities for citizens to participate in local civic affairs. We urge the Commission to continue using all its regulatory and technical resource to authorize as many licenses for LPFM stations as possible as the agenc move forward in its rulemaking process. Sincerely, -duLD,C Mike Doyle Member ofCongress Lee Terry Member of ongress Maria Cantwell U.S. Senator cc: Commissioner Michael 1. opps Commissioner Robert M. McDowell Commissioner Mignon Clyburn