110 HR 7013 IH: Short-term Analog Flash and Emergency U.S. House of Representatives 2008-09-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7013 IN THE HOUSE OF REPRESENTATIVES September 23, 2008 Mrs. Capps (for herself, Mr. Boucher, and Ms. Solis) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Federal Communications Commission to provide for a short term extension of the analog television broadcasting authority so that essential public safety announcements and digital television transition information may be provided for a short time during the transition to digital television broadcasting.

1.

Short title

This Act may be cited as the Short-term Analog Flash and Emergency Readiness Act.

2.

Commission action required

(a)

Program required

Notwithstanding sections 309(j)(14) and 337(e) of the Communications Act of 1934 (47 U.S.C. 309(j)(14), 337(e)) and section 3002 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309, note), the Commission shall, not later than January 15, 2009, develop and implement in accordance with this section a program to provide for the continued broadcasting in the analog television service of the public safety information and digital television transition information specified in subsection (b) during the period from February 18, 2009, through March 3, 2009. (b)

Public safety and digital television transition information

For purposes of this section, the public safety information and digital television transition information that is required to be broadcast in the analog television service by a broadcast station under this section shall include— (1)emergency information, including critical details regarding the emergency, as carried or required to be carried by full-power stations in the digital television service; and (2)information, in both English and Spanish, concerning— (A)the digital television transition, including the fact that a transition has taken place and that additional actions are required to continue receiving television service, including emergency notifications; and (B)the steps, if any, required to continue to receive such emergency information via the digital television service and to convert to receiving digital television service, including a phone number and Internet address by which help with such transition may be obtained in both English and Spanish. (c)

Limitations

In designing the program required by this section, the Commission shall— (1)take into account market-by-market needs, based upon factors such as channel and transmitter availability; (2)ensure that broadcasting of the public safety information specified in subsection (b) will not— (A)cause harmful interference with signals in the digital television service; or (B)be authorized or enforced in a manner that will impair the legal rights of any licensee of recovered analog spectrum, as such term is defined in section 309(j)(15)(C)(vi) of such Act (47 U.S.C. 309(j)(15)(C)(vi)); (3)not require the analog television service signals broadcast under this section to be retransmitted or otherwise carried pursuant to section 325(b), 338, 339, 340, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 325(b), 338, 339, 340, 614, 615); (4)take into consideration broadcasters’ digital power levels and transition and coordination plans that already have been adopted with respect to cable systems and satellite carriers’ systems; and (5)prohibit any broadcast of analog television service signals under subsection (b) on any spectrum that is approved or pending approval by the Commission to be used for public safety radio services, including television channels 14–20. (d)

Definitions

As used in this section, the terms emergency information and critical information have the meanings such terms have under part 79 of the regulations of the Federal Communications Commission (47 C.F.R. part 79).