[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5264 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5264

     To provide American consumers information about the broadcast 
       television transition from an analog to a digital format.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2006

  Mr. Engel introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To provide American consumers information about the broadcast 
       television transition from an analog to a digital format.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Television Consumer 
Education Act''.

SEC. 2. LABELING AND CONSUMER EDUCATION.

    Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Labeling and Consumer Education.--
            ``(1) Requirements for manufacturers.--Effective 180 days 
        after the date of enactment of the Digital Television Consumer 
        Education Act, any manufacturer of any television receiving 
        equipment described in section 303(s) that does not include a 
        digital tuner shall--
                    ``(A) place a label on any television screen, 
                removable by the purchaser, that displays in clear and 
                conspicuous print, the following consumer advisory 
                label: `After February 17, 2009, this television will 
                receive broadcast television signals only by using 
                additional equipment. For more information, call the 
                Federal Communications Commission at 1-888-225-5322 
                (TTY: 1-888-835-5322) or visit the Commission's website 
                at: www.dtv.gov or www.fcc.gov. Despues del 17 de 
                Febrero del 2009, este televisor solo podra recibir 
                senales de emisoras de television unicamente con la 
                ayuda de equipo adicional. Si requiere mas informacion, 
                llame a la Comision Federal de Comunicaciones al 1-888-
                225-5322 (TTY: 1-888-835-5322) o visite el sitio web de 
                la Comision en: www.dtv.gov o www.fcc.gov '; and
                    ``(B) place such advisory label permanently and 
                conspicuously on the outside of the retail packaging of 
                such television set.
            ``(2) Requirements for retail distributors and other 
        vendors.--
                    ``(A) Retail distributors.--Any retail distributor 
                of any television receiving equipment described in 
                section 303(s) that does not include a digital tuner 
                shall--
                            ``(i) effective 180 days after the date of 
                        enactment of the Digital Television Consumer 
                        Education Act, place adjacent to each unit of 
                        such equipment that such distributor displays 
                        for sale or rent a consumer advisory label as 
                        provided by the manufacturer pursuant to 
                        paragraph (1), except that such distributor 
                        shall not be required to affix such label to 
                        the television screen on such equipment, as 
                        long as the label is--
                                    ``(I) in the close vicinity of, and 
                                associated with, the unit on display; 
                                and
                                    ``(II) clearly visible to 
                                consumers; and
                            ``(ii) effective 90 days after the 
                        enactment of the Digital Television Consumer 
                        Education Act, provide information to 
                        consumers, on signs and in pamphlet form, in 
                        the display area for product categories that 
                        include any television receiving equipment 
                        described in section 303(s) that does not 
                        include a digital tuner television, sufficient 
                        to convey the information carried in the 
                        consumer advisory label. Such signs and 
                        pamphlets shall also include information on 
                        recycling old televisions and other consumer 
                        electronics.
                    ``(B) Other vendors.--Effective 180 days after the 
                date of enactment of the Digital Television Consumer 
                Education Act, any seller via direct mail, catalog, or 
                electronic means, such as the Internet, of any 
                television receiving equipment described in section 
                303(s) that does not include a digital tuner, shall 
                include in clear and conspicuous print the consumer 
                advisory label required by paragraph (1) at the point 
                of display for the apparatus, or, if there is no 
                display, at the point of sale. Such information shall 
                also include information on recycling old televisions 
                and other consumer electronics.
            ``(3) Other devices.--For devices other than television 
        sets that are included in section 303(s) and that contain an 
        analog tuner, but not a digital tuner, the Commission shall 
        require the clear and conspicuous placement of a comparable 
        consumer advisory label on such devices, as well as on the 
        outside of the retail packaging of such devices.
            ``(4) Additional disclosures.--
                    ``(A) Announcements and notices required.--From 
                November 1, 2007, through March 31, 2009--
                            ``(i) each television broadcaster shall 
                        air, at a minimum, 120 seconds per day of 
                        public service announcements between the hours 
                        of 6 a.m. and 11:35 p.m., at variable time 
                        slots throughout the week, with at least half 
                        aired between the hours of 5 p.m. and 11:35 
                        p.m.; and
                            ``(ii) any multichannel video program 
                        distributor shall include a notice in or with 
                        each periodic bill.
                    ``(B) Content of announcements and notices.--The 
                announcements and notices required by this paragraph 
                shall educate consumers about the deadline for 
                termination of analog television broadcasting and the 
                equipment options consumers have after such 
                termination. Announcements aired and notices 
                distributed after January 1, 2008, shall also educate 
                consumers about the need for and availability of the 
                converter box voucher program and the steps to redeem 
                the voucher.
            ``(5) Advisory committee.--
                    ``(A) Establishment.--The Commission shall, after 
                consultation with the National Telecommunications and 
                Information Administration and the Federal Trade 
                Commission, create a DTV Transition Federal Advisory 
                Committee to lead the effort to educate the public 
                about the digital television transition and to ensure 
                that the public knows the information described in 
                paragraph (3)(B). Such consumer education shall 
                commence no later than September 1, 2007.
                    ``(B) Composition.--The committee shall be composed 
                of representatives from the following groups: 
                commercial broadcasters, noncommercial broadcasters, 
                cable operators, satellite providers, retailers and 
                manufacturers of consumer electronics equipment, 
                electronic recyclers, minority groups, Hispanic 
                Americans, Americans whose primary language is not 
                English, Americans with disabilities, Americans living 
                in rural communities, general business, senior 
                citizens, commercial advertising, and consumers in 
                general.
                    ``(C) Advisory committee role.--The committee 
                shall--
                            ``(i) develop a comprehensive education 
                        plan for consumers regarding the digital 
                        television transition which includes--
                                    ``(I) specific and targeted 
                                messages to reach various consumer 
                                constituencies (such as low income, 
                                minorities, Spanish-speaking, and the 
                                elderly);
                                    ``(II) best methods to deliver the 
                                message to affected consumers;
                                    ``(III) implementation of the plan;
                                    ``(IV) website information and 
                                toll-free numbers; and
                                    ``(V) information on recycling old 
                                televisions and other consumer 
                                electronics;
                            ``(ii) coordinate with stakeholders to 
                        ensure that the transition is properly 
                        implemented; and
                            ``(iii) report to Congress every 6 months 
                        on how the transition is progressing.
                    ``(D) First meeting.--The advisory committee shall 
                conduct its first meeting within 60 days after the date 
                of enactment of the Digital Television Consumer 
                Education Act.
            ``(6) Commission information services.--The Commission's 
        toll-free number for consumers information and the Commission's 
        Internet website shall provide information concerning the 
        digital television transition, in the English and Spanish 
        languages, not later than September 1, 2007.''.
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