[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1268

    To expedite the transition to digital television while helping 
         consumers to continue to use their analog televisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2005

  Mr. McCain (for himself and Mr. Lieberman) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To expedite the transition to digital television while helping 
         consumers to continue to use their analog televisions.

    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 ``Spectrum Availability for Emergency-
Response and Law-Enforcement to Improve Vital Emergency Services Act'' 
or the ``SAVE LIVES Act''.

SEC. 2. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF SPECTRUM FOR 
              PUBLIC SAFETY ORGANIZATIONS AND CREATING A DEADLINE FOR 
              TRANSITION TO DIGITAL TELEVISION.

    (a) Amendments.--Section 309(j)(14) of the Communications Act of 
1934 (47 U.S.C. 309(j)(14)) is amended--
            (1) in subparagraph (A), by striking ``December 31, 2006'' 
        and inserting ``December 31, 2008'';
            (2) by striking subparagraph (B);
            (3) in subparagraph (C)(i)(I), by striking ``or (B)'';
            (4) in subparagraph (D), by striking ``(C)(i)'' and 
        inserting ``(B)(i)''; and
            (5) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.
    (b) Implementation.--
            (1) Final dtv allotment table of in-core channels for full-
        power stations.--The Federal Communications Commission (in this 
        Act referred to as the ``Commission'') shall--
                    (A) release by December 31, 2006, a report and 
                order in MB Docket No. 03-15 assigning all full-power 
                broadcast television stations authorized in the digital 
                television service a final channel between channels 2 
                and 36, inclusive, or 38 and 51, inclusive (between 
                frequencies 54 and 698 megahertz, inclusive); and
                    (B) conclude by July 31, 2007, any reconsideration 
                of such report and order.
            (2) Status reports.--Beginning February 1, 2006, and ending 
        when international coordination with Canada and Mexico of the 
        DTV table of allotments is complete, the Commission shall 
        submit reports every 6 months on the status of that 
        international coordination to the Committee on Commerce, 
        Science, and Transportation of the Senate and to the Committee 
        on Energy and Commerce of the House of Representatives.
            (3) Terminations of analog licenses and broadcasting.--The 
        Commission shall take such actions as may be necessary to 
        terminate all licenses for full-power broadcasting stations in 
        the analog television service and to require the cessation of 
        broadcasting by full-power stations in the analog television 
        service by January 1, 2009.

SEC. 3. AUCTION OF RECOVERED SPECTRUM.

    (a) Deadline for Auction.--Section 309(j)(14) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(14)), as amended by section 2, is amended 
in subparagraph (B)--
            (1) in clause (ii), by striking the second sentence; and
            (2) by adding at the end following new clause:
                            ``(iii) Additional deadlines for recovered 
                        analog spectrum.--
                                    ``(I) In general.--Not earlier than 
                                1 year after the date on which the 
                                Commission submits to Congress the 
                                report required under section 7502(a) 
                                of the Intelligence Reform and 
                                Terrorism Prevention Act of 2004 
                                (Public Law 108-458; 118 Stat. 3855), 
                                and not later than April 1, 2008, the 
                                Commission shall--
                                            ``(aa) conduct the auction 
                                        of the licenses for recovered 
                                        analog spectrum; and
                                            ``(bb) not later than June 
                                        30, 2008, deposit the proceeds 
                                        of such auction in accordance 
                                        with paragraph (8), except for 
                                        those funds authorized to be 
                                        used in accordance with 
                                        sections 4(f) and 5 of the SAVE 
                                        LIVES Act.
                                    ``(II) Recovered analog spectrum 
                                defined.--In this clause, the term 
                                `recovered analog spectrum' means the 
                                spectrum reclaimed from analog 
                                television service broadcasting under 
                                this paragraph, other than--
                                            ``(aa) the spectrum 
                                        required by section 337 to be 
                                        made available for public 
                                        safety services;
                                            ``(bb) the spectrum 
                                        auctioned prior to the date of 
                                        enactment of the SAVE LIVES 
                                        Act; and
                                            ``(cc) any spectrum 
                                        designated by Congress for use 
                                        by public safety services 
                                        between the date of enactment 
                                        of the SAVE LIVES Act and the 
                                        auction described in subclause 
                                        (I).''.
    (b) Extension of Auction Authority.--Paragraph (11) of section 
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is 
amended by striking ``September 30, 2007'' and inserting ``September 
30, 2009''.

SEC. 4. DIGITAL TRANSITION PROGRAM.

    (a) In General.--Beginning no earlier than January 1, 2008, and not 
later than July 1, 2008, the Commission, in consultation with 
commercial television broadcast licensees, shall distribute to eligible 
persons digital-to-analog converter devices that will enable television 
sets that operate only with analog signal processing to continue to 
operate when receiving a digital signal.
    (b) Application.--Each eligible person seeking a digital-to-analog 
converter device under subsection (a) shall submit an application to 
the Commission at such times, in such manner, and containing such 
information as the Commission requires.
    (c) Procurement.--The provisions, rules, and regulations of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.) shall apply to the procurement, by the Comptroller General of 
the United States, of the digital-to-analog converter devices described 
in subsection (a).
    (d) Study.--Not later than 12 months after the date of enactment of 
this Act, the Commission shall, in consultation with commercial 
television broadcast licensees, consumer groups, and other interested 
parties, complete a study of--
            (1) the geographic location of eligible persons by Nielsen 
        Designated Market Areas;
            (2) the use of not only broadcast studios for distribution 
        of such digital-to-analog converter devices, but the ability of 
        commercial television broadcast licensees to partner with 
        grocery stores, electronics stores, and post offices to serve 
        as distribution centers for such devices; and
            (3) the ability of the Commission and commercial television 
        broadcast licensees to partner together to develop a public 
        communications campaign to inform over-the-air viewers of--
                    (A) the need for a digital-to-analog converter 
                device; and
                    (B) the availability of such a digital-to-analog 
                converter device free of charge for eligible persons.
    (e) Eligible Person Defined.--In this section, the term ``eligible 
person'' means any person relying exclusively on over-the-air 
television broadcasts with a household income that does not exceed 200 
percent of the poverty line, as such line is published in the Federal 
Register by the Department of Health and Human Services under the 
authority of section 673(2) of the Community Services Block Grant Act 
(42 U.S.C. 9902(2)).
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $468,000,000 from the proceeds of the auction of licenses for 
        recovered analog spectrum under section 309(j)(14) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)(14)).
            (2) Distribution.--Of the funds authorized to be 
        appropriated under paragraph (1)--
                    (A) $463,000,000 shall be available to procure 
                digital-to-analog converter devices; and
                    (B) $5,000,000 shall be available to to cover the 
                costs of administration of the digital transition 
                program established under this section.

SEC. 5. ESTABLISHMENT AND AUTHORIZATION OF APPROPRIATIONS FOR GRANT 
              PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY OF 
              COMMUNICATIONS FOR FIRST RESPONDERS.

    (a) Establishment of Program to Assist First Responders.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish a program to help State, local, tribal, and regional 
        first responders--
                    (A) acquire and deploy interoperable communications 
                equipment;
                    (B) purchase such equipment; and
                    (C) train personnel in the use of such equipment.
            (2) Common standards.--The Secretary, in cooperation with 
        the heads of other Federal departments and agencies who 
        administer programs that provide communications-related 
        assistance programs to State, local, and tribal public safety 
        organizations, shall develop and implement common standards to 
        the greatest extent practicable.
    (b) Applications.--To be eligible for assistance under the program 
established in subsection (a), a State, local, tribal, or regional 
first responder agency shall submit an application, at such time, in 
such form, and containing such information as the Under Secretary of 
Homeland Security for Science and Technology may require, including--
            (1) a detailed explanation of how assistance received under 
        the program would be used to improve local communications 
        interoperability and ensure interoperability with other 
        appropriate Federal, State, local, tribal, and regional 
        agencies in a regional or national emergency;
            (2) assurance that the equipment and system would--
                    (A) not be incompatible with the communications 
                architecture developed under section 7303(a)(1)(E) of 
                the Intelligence Reform Act of 2004;
                    (B) would meet any voluntary consensus standards 
                developed under section 7303(a)(1)(D) of that Act; and
                    (C) be consistent with the common grant guidance 
                established under section 7303(a)(1)(H) of that Act.
    (c) Review.--The Under Secretary of Homeland Security for Science 
and Technology shall review and approve, in the discretion of the Under 
Secretary, all applications submitted under subsection (b).
    (d) Single Grants.--The Secretary of Homeland Security, pursuant to 
an application approved by the Under Secretary of Homeland Security for 
Science and Technology, may make the assistance provided under the 
program established in subsection (a) available to all approved 
applicants in the form of a single grant for a period of not more than 
3 years.
    (e) Report.--Not later than January 1, 2008, the Commission shall 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives the amount required to carry out the program described 
in section 4.
    (f) Authorization of Appropriations.--To the extent that proceeds 
from the auction of licenses for recovered analog spectrum under 
section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 
309(j)(14)) are available and exceed the amount required to carry out 
the program described in section 4, there are authorized to be 
appropriated from such proceeds such sums as are available to fund the 
grant program established under this section.

SEC. 6. CONSUMER EDUCATION REGARDING THE DIGITAL TELEVISION TRANSITION.

    (a) Commission Authority.--Section 303 of the Communications Act of 
1934 (47 U.S.C. 303) is amended by adding at the end the following new 
subsection:
    ``(z) Require the consumer education measures specified in section 
330(d) in the case of apparatus designed to receive television signals 
that--
            ``(1) are shipped in interstate commerce or manufactured in 
        the United States after 180 days after the date of enactment of 
        the SAVE LIVES Act; and
            ``(2) are not capable of receiving and displaying broadcast 
        signals in the digital television service on the channels 
        allocated to such broadcasts.''.
    (b) Consumer Education Requirements.--Section 330 of the 
Communications Act of 1934 (47 U.S.C. 330) is amended--
            (1) in subsection (d), by striking ``sections 303(s), 
        303(u), and 303(x)'' and inserting ``subsections (s), (u), (x), 
        and (z) of section 303'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Consumer Education Regarding Equipment, Television Receivers, 
and Other Materials Related to the Digital to Analog Conversion.--
            ``(1) Requirements for manufacturers.--Any manufacturer of 
        any apparatus described in section 303(z) shall--
                    ``(A) place on the screen of any such apparatus 
                that such manufacturer ships in interstate commerce or 
                manufactures in the United States after 180 days after 
                the date of enactment of the SAVE LIVES Act, a 
                removable label containing the warning language 
                required by paragraph (3); and
                    ``(B) also include such warning language on the 
                outside of the retail packaging of such apparatus in a 
                manner that cannot be removed.
            ``(2) Requirements for retail distributors.--Any retail 
        distributor shall place adjacent to each apparatus described in 
        section 303(z) that such distributor displays for sale or rent 
        after 180 days after the date of enactment of the SAVE LIVES 
        Act, a separate sign containing the warning language required 
        by paragraph (3).
            ``(3) Warning language.--
                    ``(A) Rulemaking proceeding.--Not later than 120 
                days after the date of enactment of this Act, the 
                Commission, in consultation with consumers and 
                representatives from the broadcast, cable, and 
                satellite industries, shall complete a rulemaking 
                proceeding to develop warning language to be used by 
                manufacturers and retail distributors concerning the 
                size and format of the warning language required by 
                this paragraph.
                    ``(B) Content of warning.--The warning language 
                required by this paragraph shall clearly inform 
                consumers, in plain English understandable to the 
                average consumer, of the following:
                            ``(i) After December 31, 2008, television 
                        broadcasters will cease analog over-the-air 
                        broadcasts and will broadcast only in digital 
                        format.
                            ``(ii) That a television set carrying the 
                        label required under paragraph (1) will no 
                        longer be able to receive broadcast programming 
                        unless it is connected to a digital tuner, a 
                        digital-to-analog converter device, or cable, 
                        satellite, or other multichannel video 
                        services.
                            ``(iii) Beyond December 31, 2008, a 
                        television set carrying the label required 
                        under paragraph (1) will, however, continue to 
                        display images from devices such as DVD 
                        recorders and video game consoles or content 
                        recorded for display on an analog television 
                        using devices such as VCRs, digital video 
                        recorders, or DVD recorders.
                            ``(iv) For more information regarding the 
                        transition to digital television consumers 
                        should call the Federal Communications 
                        Commission at 1-888-225-5322 (TTY: 1-888-835-
                        5322) or visit the Commission's website at: 
                        www.fcc.gov.
            ``(4) Enforcement.--Any violation of the requirements of 
        this section, shall be enforced by the Federal Trade Commission 
        as if it were an unfair or deceptive act or practice proscribed 
        under section 18(a)(1)(B) of the Federal Trade Commission Act 
        (15 U.S.C. 57a(a)(1)(B)).
            ``(5) Sunset.--The warning language required by paragraph 
        (3) shall not apply to any manufacturer or retail distributor 
        on or after January 1, 2009.
            ``(6) Commission outreach.--Beginning not later than 1 
        month after the date of enactment of the SAVE LIVES Act, the 
        Commission shall engage in a public outreach program to educate 
        consumers about--
                    ``(A) the deadline for termination of analog 
                television broadcasting; and
                    ``(B) the options consumers have after such 
                termination to continue to receive broadcast 
                programming.''
    (c) Preserving and Expediting Digital Television Tuner Mandates.--
            (1) In general.--The Commission shall require not later 
        than--
                    (A) July 1, 2005, that digital television tuners be 
                integrated into television receivers having analog 
                tuners in the case of television sets with screen sizes 
                36 inches or greater;
                    (B) March 1, 2006, that digital television tuners 
                be integrated into television receivers having analog 
                tuners in the case of television sets with screen sizes 
                between 25 inches and 35 inches; and
                    (C) March 1, 2007, that digital television tuners 
                be integrated into television receivers having analog 
                tuners in the case of television sets with screen sizes 
                between 14 inches and 24 inches.
            (2) Study.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Commission shall 
                conduct a study to determine whether digital television 
                tuners are necessary in television sets with screen 
                sizes 13 inches or smaller.
                    (B) Mandates for television sets with screen sizes 
                13 inches or smaller.--Upon completion of the study 
                required under subparagraph (A), if the Commission 
                determines that digital television tuners are necessary 
                in television sets with screen sizes 13 inches or 
                smaller, the Commission shall enact, not later than 
                July 1, 2008, digital television tuner mandates for 
                such television sets.
    (d) Informed Consumer Requirement.--Not later than 90 days after 
the date of enactment of this Act, the Consumer and Governmental 
Affairs Bureau of the Commission shall develop and distribute to all 
consumers seeking to purchase a televison set a brochure that clearly 
describes the different options available to a consumer, including 
information that--
            (1) in order for a consumer to receive and display a 
        digital television signal, a consumer must have--
                    (A) both a digital television display or monitor 
                and a digital tuner; or
                    (B) an integrated digital television set;
            (2) there is a difference between a digital television and 
        high-definition digital television signals and a digital 
        television and high-definition digital television set; and
            (3) current televisions--
                    (A) are not obsolete;
                    (B) can receive digital television signals with the 
                use of a digital-to-analog converter device and will 
                display such signals in an analog format; and
                    (C) will continue to work with cable, satellite, 
                VCRs, DVD recorders, and other devices.

SEC. 7. DIGITAL TO ANALOG CONVERSION AVAILABLE FOR CABLE SUBSCRIBERS.

    (a) Digital to Analog Conversion Permitted.--Section 614(b) of the 
Communications Act of 1934 (47 U.S.C. 534(b)) is amended by adding at 
the end the following new paragraph:
            ``(11) Digital.--
                    ``(A) Digital primary video signal.--A cable 
                operator shall carry the primary video of the digital 
                signal of a local broadcast station in its originally 
                broadcast format without material degradation upon such 
                local broadcast station's--
                            ``(i) cessation of analog broadcasting; and
                            ``(ii) election of cable carriage under 
                        this section or section 615.
                    ``(B) Digital to analog conversions permitted.--
                Notwithstanding subparagraph (A), the conversion by a 
                cable operator, at any location from the cable headend 
                through equipment on the premises of a subscriber, of a 
                digital television signal into a signal capable of 
                being viewed by such subscriber with an analog 
                television receiver shall be permitted subject to the 
                conditions described in subparagraph (C).
                    ``(C) Conditions on permitted downconversion.--If a 
                cable operator provides a converted signal for any 
                station in a local market under subparagraph (B), 
                that--
                            ``(i) is carried under this section or 
                        section 615; and
                            ``(ii) has ceased to broadcast in the 
                        analog television service;
                such cable operator shall provide such a converted 
                signal for each such station that is located within the 
                same local market.
                    ``(D) Conversion sunset.--
                            ``(i) In general.--Subject to clause (ii), 
                        beginning not earlier than December 31, 2011 
                        and not later than December 31, 2012, the 
                        Commission shall cease to impose on a cable 
                        operator the requirement under subparagraph 
                        (B), if the Commission determines that such 
                        requirement is not necessary to ensure the 
                        continued ability of the audiences for foreign-
                        language and religious television broadcast 
                        stations to view the signals of such stations.
                            ``(ii) Considerations.--In making a 
                        determination under clause (i), the Commission 
                        shall take into consideration--
                                    ``(I) the penetration of digital 
                                televisions, digital receivers, and 
                                digital-to-analog converter devices 
                                among audiences of foreign-language and 
                                religious television broadcast 
                                stations; and
                                    ``(II) the market incentives of 
                                cable operators, in the absence of the 
                                requirement under subparagraph (B), to 
                                carry the signals of foreign-language 
                                and religious television broadcast 
                                stations in the format most available 
                                to be viewed by the audiences of such 
                                stations.
                    ``(E) Review.--Not later than 1 year after the date 
                of enactment of the SAVE LIVES Act, and every 2 years 
                thereafter until December 31, 2012, the Commission 
                shall review the considerations described in 
                subparagraph (D)(ii).''.
    (b) Tiering.--
            (1) Amendment to communications act.--Section 
        623(b)(7)(A)(iii) of the Communications Act of 1934 (47 U.S.C. 
        543(b)(7)(A)(iii)) is amended--
                    (A) by striking ``Any signal'' and inserting ``Any 
                analog signal''; and
                    (B) by inserting ``and a single digital video 
                programming stream, designated by such station, that is 
                transmitted over-the-air by such station, and'' after 
                ``television broadcast station''.
            (2) Effective date.--This subsection and the amendments 
        made by this subsection shall take effect on January 1, 2009.

SEC. 8. STUDY OF NATIONWIDE RECYCLING PROGRAM.

    (a) Study.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency, in consultation with appropriate executive 
        agencies (as determined by the Administrator), shall conduct a 
        study of the feasibility of establishing a nationwide recycling 
        program for electronic waste that preempts any State recycling 
        program.
            (2) Inclusions.--The study shall include an analysis of 
        multiple programs, including programs involving--
                    (A) the collection of an advanced recycling fee;
                    (B) the collection of an end-of-life fee;
                    (C) producers of electronics assuming the 
                responsibility and the cost of recycling electronic 
                waste; and
                    (D) the extension of a tax credit for recycling 
                electronic waste.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall submit to Congress a report describing the results of the study 
conducted under subsection (a);

SEC. 9. COMPLETION OF CERTAIN PENDING PROCEEDINGS.

    (a) In General.--The Commission shall complete action on and issue 
a final decision not later than--
            (1) July 31, 2007, in the Matter of Second Periodic Review 
        of the Commission's Rules and Policies Affecting the Conversion 
        to Digital Television, MB Docket No. 03-15;
            (2) July 31, 2007, should the Commission begin a Third 
        Periodic Review of the Commission's Rules and Policies 
        Affecting the Conversion to Digital Television;
            (3) December 31, 2007, in the Matter of Public Interest 
        Obligations of Television Broadcast Licensees, MM Docket No. 
        99-360;
            (4) December 31, 2007, in the Matter of Standardized and 
        Enhanced Disclosure Requirements for Television Broadcast 
        Licensee Public Interest Obligations, MM Docket No. 00-168;
            (5) December 31, 2007, in the Matter of Children's 
        Television Obligations Of Digital Television Broadcasters, 
        Further Notice of Proposed Rulemaking, MM Docket No. 00-167;
            (6) December 31, 2007, in the proceeding on rules regarding 
        the use of distributed transmission system technologies as 
        referenced in paragraph 5 of MB Docket No. 03-15; and
            (7) December 31, 2007, in the proceeding adopting digital 
        standards for an Emergency Alert System.
    (b) Two-Way Devices.--
            (1) Report.--Not later than 30 days after the date of 
        enactment of this Act, and every 3 months thereafter until July 
        1, 2007, the parties in the matter of the Implementation of 
        Section 304 of the Telecommunications Act of 1996, Commercial 
        Availability of Navigation Devices, Second Report and Order, CS 
        Docket No. 97-80, shall report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives on the 
        status of negotiations for two-way devices.
            (2) Final order.--Not later than December 31, 2007, the 
        Commission shall complete action on and issue a final decision 
        in the matter of the Implementation of Section 304 of the 
        Telecommunications Act of 1996, Commercial Availability of 
        Navigation Devices, Second Report and Order, CS Docket No. 97-
        80.

SEC. 10. EXCEPTION TO REMOVAL AND RELOCATION OF INCUMBENT BROADCAST 
              LICENSEES OPERATING BETWEEN 746 AND 806 MEGAHERTZ.

    Section 337(e) of the Communications Act of 1934 (47 U.S.C. 337(e)) 
is amended by adding at the end the following new paragraph:
            ``(3) Exceptions.--Paragraph (1) shall not apply to--
                    ``(A) television translator stations;
                    ``(B) low-power television stations; or
                    ``(C) class A television stations.''.
                                 <all>