II 110th CONGRESS 1st Session S. 2125 IN THE SENATE OF THE UNITED STATES October 2, 2007 Mr. Kohl introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve public awareness in the United States among older individuals and their families and caregivers about the impending Digital Television Transition through the establishment of a Federal interagency taskforce between the Federal Communications Commission, the Administration on Aging, the National Telecommunications and Information Administration, and the outside advice of appropriate members of the aging network and industry groups.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Preparing America’s Seniors for the Digital Television Transition of Act of 2007. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. DTV educational partnership to benefit older individuals. Sec. 4. Provisions relating to forfeitures. Sec. 5. Digital television transition public education outreach and installation assistance grants program. Sec. 6. Modification of the digital-to-analog converter box program. Sec. 7. Reporting requirements.

2.

Findings

Congress finds that— (1)on February 17, 2009, television stations will cease broadcasting analog signals and traditional analog televisions will stop working unless they are connected to a digital-to-analog converter box, cable, or satellite; (2)a study conducted by the National Association of Broadcasters revealed that over half of the respondents had seen, read, or heard nothing about the transition to digital television, and only 10 percent were able to guess that the transition would occur in 2009; (3)according to a July 2007 study released by the Association of Public Television Stations, older individuals— (A)over the age of 65 are more likely to be found in over-the-air households and are, therefore, a much more vulnerable group with respect to maintaining television service as the digital transition is completed; (B)as a group, are less likely to have purchased a new television in the past 3 years, are less likely to have HDTV capabilities in their households, and are less likely to own a digital television; (C)will not have the same exposure to digital television transition messages from electronic retailers as will younger members of the population; and (D)will need special focus in efforts to educate the public with respect to the transition from analog to digital television; (4)according to a Nielsen Media Research report, approximately 20,000,000 households rely exclusively on analog or free over-the-air broadcasts; (5)of these 20,000,000 households, approximately 8,000,000 include at least 1 person over the age of 50, according to the Nielsen Media Research TV Household Estimates; (6)according to the General Accountability Office, about 48 percent of over-the-air households have incomes under $30,000; (7)frail, homebound, rural, minority, disabled, limited English proficient, and low-income older individuals will need specific guidance and assistance in order to purchase and properly install a digital-to-analog converter box; (8)without a targeted outreach program residents in nursing homes and assisted living facilities represent a segment of the population at risk for losing television service as a result of the digital transition; (9)failure to seamlessly transition from analog to digital television will restrict or eliminate the access of older individuals to essential preparedness and safety information in the event of an emergency or disaster, as such individuals will be unable to receive national and local alerts aired over television; (10)it is now 6 years after the communication failures of September 11, 2001, which spurred Federal Government adoption of a firm digital television transition date; (11)unfortunately the Department of Commerce and the Federal Communications Commission have not adequately assured Congress that vulnerable households will be properly educated and prepared for such transition; and (12)older individuals, their families, caregivers, and aging support networks will need targeted outreach to inform them of steps to take in order to ensure uninterrupted television service and to help mitigate potential digital television transition scams that may target the elderly.

3.

DTV educational partnership to benefit older individuals

Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:

342.

Federal interagency taskforce to educate older individuals on the DTV transition of 2009

(a)

Establishment

(1)

In general

The Chairman and Commissioners of the Federal Communications Commission shall enter into a partnership with the Administration on Aging and the National Telecommunications and Information Administration, to create a comprehensive public education campaign that provides information and assistance to older individuals, their families, caregivers, and aging support networks about measures that may be taken— (A)to ensure that such older individuals receive uninterrupted television service during the transition from analog to digital television that is to occur on February 17, 2009; and (B)to mitigate the likelihood of success of fraudulent schemes relating to such transition that may target such older individuals. (2)

Access to resources

In carrying out the educational campaign required under paragraph (1), the federal interagency taskforce established under such paragraph shall utilize existing resources and efforts of the Federal, State, and local governments, industry, and other appropriate entities. (3)

Timing

The educational campaign required under paragraph (1) shall commence not later than January 1, 2008 or 60 days after the date of enactment of this section. (b)

Advisory board

(1)

In general

The Commission, the Administration on Aging, and the National Telecommunications and Information Administration shall establish an advisory board to recommend to the federal interagency task force established under subsection (a) the type, manner, and content of the information to be used as part of the educational campaign required under such subsection. (2)

Membership

The advisory board established under paragraph (1) shall consist of 2 designees each from the Commission, the Administration on Aging, and the National Telecommunications and Information Administration and no more than 30 additional members, which shall include— (A)representatives from the aging network, as such term is defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002), such as the National Association of Area Agencies on Aging, Meals on Wheels Association of America, and National Association of State Units on Aging; (B)representatives from the entity or entities that the Assistant Secretary for Communications and Information selects or assigns to administer the digital-to-analog converter box program required under section 3005(c)(2)(A) of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23); (C)representatives from the associations of industry and related stakeholder groups to include— (i)commercial and noncommercial broadcasters; (ii)manufacturers and retailers of consumer electronics equipment; (iii)cable operators; and (iv)satellite providers; (D)State, local, and tribal governments, such as the National Association of Telecommunications Officers and Advisors and the National Governors Association; (E)members from the general public who have expertise in consumer education and outreach; (F)older individuals; (G)representatives from— (i)minority groups, including Hispanic Americans; (ii)Americans whose primary language is not English; (iii)tribal groups; (iv)Americans with disabilities; (v)Americans living in rural communities; (vi)nursing homes and assisted living facilities; and (vii)consumer protection groups; and (H)representatives from low-income assistance program providers. (3)

Appointment

Not later than 30 days after the date of enactment of this section, the Commission, the Administration on Aging, and the National Telecommunications and Information Administration shall appoint each member of the advisory board. (4)

Chairman

The members of the Advisory Board shall elect 1 member to serve as Chairman within 30 days after the date of enactment of this section, in order to facilitate rapid creation and implementation of the Advisory Board. (c)

Duties

(1)

in general

The Federal interagency taskforce established under subsection (a) shall carry out a nationwide program with the assistance of the advisory board established under subsection (b) that includes, at a minimum— (A)an easily comprehensible explanation of the digital television transition, including— (i)the effective date of such transition; and (ii)who is affected by such transition; (B)the public safety and emergency preparedness concerns the transition will address, such as the Digital Emergency Alert System and reverse 911, and the potential public safety hazards to older individuals of not successfully transitioning to digital television; (C)instructions to determine whether a television will receive a digital signal and, if not, the options to ensure reception of a digital signal and the related costs; (D)information related to the digital-to-analog converter box coupon program, eligible versus noneligible converter boxes, certified retailers, and important associated deadlines; and (E)tips on how to avoid potential fraudulent schemes related to the digital television transition that may target older individuals. (2)

Additional duties

The Federal interagency taskforce established under subsection (a) shall— (A)examine ways to simplify the purchasing and installing of a digital-to-analog converter box for older individuals and take into consideration the unique needs of frail, homebound, minority, disabled, limited English proficient, rural, and low-income older individuals, as well as residents of nursing homes and assisted living facilities; (B)consult with and seek assistance from the Commission's Homeland Security and Public Safety Bureau; (C)establish specific and realistic benchmarks for identifying the estimated reach of the public education campaign required under this section to older individuals, their families, caregivers, and aging support networks; (D)coordinate with stakeholder to properly implement the comprehensive education campaign; (E)provide, at no cost, to non profit entities such as entities within the aging network consumer education materials and technical assistance regarding the transition from analog to digital television that is to occur on February 17, 2009; and (F)specifically analyze the impact of the transition from analog to digital television on the residents of non profit nursing homes and assisted living facilities. (d)

Report

(1)

Initial report

Not later than 90 days after the date of enactment of this section, the Commissioner, the Assistant Secretary for Aging, and the Assistant Secretary for Communications and Information shall submit a report to Congress on— (A)the ability of the Federal interagency taskforce to meet the requirements and duties described under subsection (c); and (B)that summarizes each agency's efforts to increase consumer education and awareness about the transition from analog to digital television among older individuals, as well as that agency’s efforts to coordinate with the other Federal and non-Federal members of the taskforce and the advisory board. (2)

Content of report

The report required under paragraph (1) shall, at a minimum, also include the following: (A)How the Federal interagency taskforce will meet the specific benchmarks established under subsection (c)(2)(C) to ensure that older individuals who rely on over-the-air broadcasting are not left without television service after February 17, 2009. (B)How the Federal interagency taskforce will address the unique needs of frail, homebound, disabled, minority, rural, limited English proficiency and low-income older individuals, as well as residents of nursing homes and assisted living facilities, all of whom will need specific guidance and assistance in order to purchase and install a digital-to-analog converter box through the National Telecommunications and Information Administration’s Digital-to-Analog Converter Box Coupon Program without any undue burden. (C)How the Federal interagency taskforce will provide guidance and technical assistance to the families, caregivers, and aging support networks of these vulnerable older individuals. (D)How the Federal interagency taskforce will mitigate potential scams that may target the elderly throughout the course of the National Telecommunications and Information Administration’s Digital-to-Analog Converter Box Coupon Program. (E)How the Federal interagency taskforce will coordinate between State, local, and tribal governments and the head of each Federal agency overseeing a low-income assistance program, such as the Supplemental Security Income Program, the Low Income Home Energy Assistance Program, the Lifeline Assistance, and Link Up America programs, to ensure that such programs disseminate information about the transition from analog to digital television to their program recipients. (F)What resources will be necessary to provide outreach and assistance at the community level and how the taskforce will prioritize such resources. (3)

Final report

Not later than 3 months before February 17, 2009, the Commissioner, Assistant Secretary for Aging, and the Assistant Secretary for Communications and Information shall submit a report to Congress that describes— (A)the level of outreach and success achieved by the education campaign required under subsection (a); and (B)the necessary remaining steps that must be taken in order to ensure that older individuals who rely on over-the-air broadcasting are not left without television service after February 17, 2009. (e)

Definition of older individual

For purposes of this section, the term older individual means an individual who is 50 years of age or older. (f)

Authorization of appropriations

There are authorized to be appropriated to the Federal interagency taskforce established under subsection (a) such sums as are necessary to carry out the provisions of this section in addition to— (1)amounts transferred pursuant to section 344(c)(5) of this Act; and (2)amounts transferred pursuant to section 503(b)(7) of this Act. (g)

Return of unexpended funds

Upon termination of the Federal interagency taskforce, any unexpended funds shall be paid back to the original source of such funds, including to the general accounts of the Federal Communications Commission held at the Treasury for any amounts deposited in the fund pursuant to paragraphs (1) or (2) of subsection (f).

343.

Additional requirements related to the DTV transition

(a)

Requirements on broadcasters

(1)

PSAs

Beginning on the date of enactment of this section and ending on March 31, 2009, the Commission shall require each full power commercial television broadcast licensee or permittee to broadcast during each day between the hours of 6 a.m. and 11 p.m., public service announcements notifying the public, in particular older individuals and their families, caregivers, and aging support networks, of the transition from analog to digital television that is to occur after February 17, 2009. (2)

Time requirements and total running time

Based on the overall concentration of over-the-air households by State and locality, broadcasters shall air a minimum of 60 seconds of public service announcements per day at variable time slots throughout the week, with half airing between 5 p.m. and 11 p.m. (3)

Required content

Any public service announcement broadcast after January 1, 2008, shall include— (A)information concerning the digital-to-analog converter box program required under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23); (B)such additional consumer information as the Federal interagency taskforce may recommend based on input from the advisory committee established under section 342; and (C)such additional information as local broadcasters may determine necessary to appropriately educate their viewers about the transition from analog to digital television. (4)

Consumer education plans

(A)

In general

Not later than January 1, 2008, or 30 days after the date of enactment of this Act if this Act is enacted after such date, each full power commercial television broadcast licensee or permittee shall have in place a comprehensive consumer education plan to inform local viewers about the impending the transition from analog to digital television based on the overall concentration of over-the-air households by State and locality. (B)

Programs

Programs carried out under the plan required by subparagraph (A) may include educational programming, donut spots, crawls, and speaking events. (5)

Periodic reports to the FCC

(A)

Commercial broadcasters

Not later than 90 days after the date of enactment of this section, and every 90 days thereafter until March 31, 2009, each commercial television broadcast licensee or permittee shall submit a report to the Commission detailing their efforts to comply with the requirements of this subsection. (B)

Non commercial broadcasters

Not later than June 18, 2008 the Corporation for Public Broadcasting, as defined in section 397(2) shall submit a report to the Commission on behalf of television public broadcast stations— (i)detailing the activities of the public television industry in educating the public about the digital transition; and (ii)including information relating to— (I)airtime allocated towards consumer education; and (II)other outreach efforts. (C)

Public availability

The Commission shall make any report required under subparagraph (A) or (B) available to the public on the Internet, without fee or other access charge, in a searchable and downloadable manner. (b)

Requirements on MVPD

(1)

In general

Not later than January 1, 2008, or 30 days after the date of enactment of this Act if this Act is enacted after such date, each multichannel video programming distributor (as defined in section 602) shall develop a plan to notify subscribers about the transition from analog to digital television that is to occur on February 17, 2009. (2)

Requirements of plan

The plan required under paragraph (1) shall explain— (A)what the digital transition is; (B)how the transition will affect subscribers of the multichannel video programming distributor; and (C)such additional information as multichannel video programming distributors may determine necessary to appropriately educate their viewers about the transition from analog to digital television. (c)

Requirements for electronics retailers and distributors of converter boxes

(1)

Requirements for manufacturers of converter boxes

The manufacturer of any digital-to-analog converter box that is eligible to be obtained using a redeemable Federal coupon and that is manufactured in the United States or shipped in interstate commerce shall— (A)place an appropriate label on the retail packaging of the converter box; and (B)maintain a toll-free 1–800 number that customers can call to obtain installation assistance. (2)

Label requirement

For purposes of paragraph (1), an appropriate label is a label that meets the following requirements: (A)The label is displayed— (i)in a clear and conspicuous manner; and (ii)in large and visible font. (B)The label informs the consumer that the converter box is fully compliant with all Federal standards relating to the eligibility of that converter box to be used with the Federal coupon program described under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23). The information required to be included on a label under this subparagraph may be conveyed by affixing the following phrase to the label: NTIA Coupon-Eligible. (3)

Requirements for in-store retailers

Each in-store retailer shall place adjacent to digital-to-analog converter boxes that such retailer displays for sale or rent, a separate sign that identifies which converter boxes are NTIA Coupon-Eligible. (4)

Requirements for other retailers

Any retailer of digital-to-analog converter boxes that sells such converter boxes via direct mail, catalog, or electronic means, shall ensure that all advertisements or descriptions of such converter box identifies whether or not such converter box is NTIA Coupon-Eligible. (5)

Penalties

(A)

In general

The forfeiture penalties established by section 503(b) shall apply to a violation of any requirement under this section. (B)

Transfer to Federal interagency taskforce

The amount of any forfeiture penalty determined, imposed, or otherwise assessed by the Commission for violations of this section shall be transferred to the accounts of the Federal interagency taskforce established pursuant to section 342. (d)

Report of certified retailers

The National Telecommunications and Information Administration shall require— (1)each retailer certified by the Administration to participate in the digital-to-analog converter box coupon program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23); and (2)not later than 30 days after certification, each such retailer to report to the Administration on their employee training or consumer information plans regarding the transition from analog to digital television that is to occur on February 17, 2009. (e)

Report of other Federal agencies

(1)

In general

Not later than 90 days after the date of enactment of this section, the head of each Federal agency that oversees a low-income assistance program, as determined by the Federal interagency taskforce, and including the Supplemental Security Income Program, the Low-Income Home Energy Assistance Program, shall report to the Commission on how such agency or program will work with the Federal interagency taskforce established under section 342 to ensure coordinated efforts are made to disseminate consumer education materials developed under such section on the transition from analog to digital television to eligible program participants. (2)

Required content

The report required under paragraph (1) should affirm each Federal agency's commitment to assist with the nationwide transition from analog to digital television. (f)

Definition of older individual

For purposes of this section, the term older individual means an individual who is 50 years of age or older.

.

4.

Provisions relating to forfeitures

(a)

In general

Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)) is amended by adding at the end the following: (7)Beginning on the date of enactment of this paragraph and ending on February 17, 2009, the amount of any forfeiture penalty determined, imposed, or otherwise assessed by the Commission, and payable into the Treasury of the United States, for violations of the point of sale disclosure requirements for analog-only television equipment as described in the Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion To Digital Television (MB Docket No. 03–15; RM–9832; adopted April 25, 2007) during such period shall be transferred to the accounts of the Federal interagency taskforce established pursuant to section 342. . (b)

Future rulemakings related to digital television transition

The Federal Communications Commission shall in any future rulemaking related to the nationwide transition from analog to digital television that is to occur on February 17, 2009, ensure that any proposed forfeiture penalty for violation of such rule is transferred to the accounts of the Federal interagency taskforce established pursuant to section 343 of the Communications Act of 1934 (as added under section 3 of this Act).

5.

Digital television transition public education outreach and installation assistance grants program

(a)

Program authorized

(1)

Grants

The Federal Communications Commission shall award grants, on a competitive basis, to eligible entities to— (A)provide public education outreach about the digital television transition taking place on February 17, 2009 to vulnerable populations particularly at risk for losing television reception as a result of the digital television transition; and (B)provide assistance with the purchasing and installation of digital-to-analog converter boxes to vulnerable populations particularly at risk for losing television reception as a result of the digital television transition. (2)

Grant periods

The Commission shall award grants under this section for a period of up to 3 years. (b)

Application

(1)

In general

To be eligible to receive a grant under this section, an entity shall submit an application to the Commission at such time, in such manner, and containing such information as the Commission may require. (2)

Action

The Commission shall take such action necessary to award grants not later than 90 days after the date of enactment of this section. (c)

Preference

The Commission shall give priority in awarding grants under this section to an entity that— (1)will provide public education outreach and installation assistance to older individuals and other vulnerable populations (with particular attention to individuals with disabilities, individuals with limited English proficiency, individuals residing in rural areas, minorities, and low-income communities); (2)has demonstrated experience in providing outreach and assistance to older individuals and other vulnerable populations; and (3)can demonstrate the ability and commitment to identifying, after February 17, 2009, the date of the transition, those households that may have lost television reception and can aid in reinstating television reception for such households. (d)

Partnerships

In awarding grants under this section, the Commission may encourage applicants to enter into a partnership with 1 or more private entities who may assist with training or providing donated technologies including digital televisions or digital-to-analog converter boxes. (e)

Use of funds

(1)

In general

An eligible entity shall use funds made available under a grant awarded under this section to— (A)carry out a project described in subsection (a); and (B)evaluate the project in accordance with subsection (h). (2)

Relationship to other funding sources

Funds made available under this section shall supplement, and not supplant, any Federal, State, and local funds expended by a State or unit of general purpose local government to provide the services described in subsection (a). (f)

Eligible entities

An entity eligible to receive a grant under subsection (a) shall be— (1)a nonprofit organization, an area agency on aging or other local government agency, a State unit on aging or other State government agency, and a tribal government or organization (including a consortium thereof) that— (A)has the ability to conduct the coordination, promotion, and facilitation described in subsection (a); and (B)has experience providing outreach and assistance targeted at older individuals and other vulnerable populations (with particular attention to individuals with disabilities, individuals with limited English proficiency, individuals residing in rural areas, minorities, and low-income communities); or (2)any other entity not described in paragraph (1) that— (A)the Commission determines to be appropriate to carry out a project under subsection (a); and (B)demonstrates experience conducting public education outreach campaigns and providing assistance targeted at older individuals and other vulnerable populations. (g)

Competitive grants for technical assistance

The Commission may make a grant, on a competitive basis, to an eligible nonprofit organization, to enable the organization to— (1)provide technical assistance to recipients of grants under subsection (a); and (2)carry out other duties, as determined by the Commission. (h)

Local evaluation and report

(1)

Evaluation

Each entity or consortium thereof receiving a grant under subsection (a) to carry out a project described in subsection (a) shall evaluate the outreach and assistance carried out under the project to determine— (A)the effectiveness of the outreach and assistance involved; and (B)the impact of such outreach and assistance on the community being served and the organization providing the outreach and assistance. (2)

Report

The organization shall submit a report to the Commission containing the evaluation not later than 3 months after the expiration of the period for which the grant is in effect. (i)

Annual report to Congress

Not later than 60 days after the close of fiscal year 2008 and fiscal year 2009, the Commission shall prepare and submit a full and complete report to Congress on the activities carried out under this section which shall— (1)summarize the distribution of funds authorized for grants under this section and the expenditure of such funds; (2)summarize the scope and content of the public education outreach campaigns and assistance carried out under this section; and (3)make recommendations for legislative or administrative action, as the Commission determines appropriate. (j)

Final report to Congress

Not later than 60 days after the close of fiscal year 2010 the Commission shall prepare and submit a full and complete report to Congress on the activities carried out under this section which shall— (1)summarize the distribution of funds authorized for grants under this section and the expenditure of such funds; (2)summarize the scope and content of the public education outreach campaigns and assistance carried out under this section; (3)summarize findings from the reports containing the evaluations from subsection (h)(2); and (4)make recommendations for legislative or administrative action, as the Commission determines appropriate. (k)

Authorization of appropriations

There are authorized to be appropriated such sums as necessary to carry out this section for fiscal years 2008, 2009, and 2010.

6.

Modification of the digital-to-analog converter box program

Section 3005(c) of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23) is amended— (1)by amending paragraph (1) to read as follows: (1)

Applications

(A)

Procurement of coupons

(i)

Submission of application

Not later than December 31, 2007, the Assistant Secretary shall by regulation develop and produce a standard application that each household shall submit to the Assistant Secretary between January 1, 2008, and March 31, 2009, inclusive, in order to obtain a coupon that can be applied toward the purchase of a digital-to-analog converter box. (ii)

Requirement for applications

The application developed under clause (i) shall— (I)be uniform in style and form regardless of the medium through which it is available, including for printed applications, application available by e-mail, or available on the website of the Assistant Secretary or of the Federal Communications Commission; (II)require each household to submit— (aa)the name, address, phone number, and e-mail address of the applicant; (bb)the number of coupons that the household seeks to obtain; (cc)a certification of whether the household receives— (AA)only over-the-air broadcast programming; or (BB)cable or satellite service and over-the-air broadcast programming; (III)inform households about— (aa)the transition from analog to digital television, including information on the— (AA)digital-to-analog converter box coupon program; and (BB)important associated deadlines; and (bb)the various options and alternatives that households may utilize to ensure reception of a digital signal, including that if the household— (AA)has an analog television set and receives only over-the-air broadcast programming that a digital-to-analog converter box is required; (BB)has a digital television set and receives only over-the-air broadcast programming that a digital-to-analog converter box is not required; and (CC)has either an analog or digital television set and receives cable or satellite service that a digital-to-analog converter box is not required. (iii)

Shipping of coupons

The Assistant Secretary shall ensure that each household that submits an application for a coupon under this subparagraph receives such coupon via the United States Postal Service. (iv)

Duration of coupons

All coupons shall expire 4 months after issuance. (v)

Rule of construction

For purposes of this paragraph, the term household shall include residents of nursing homes and assisted living facilities. ; (2)by amending paragraph (2) to read as follows: (2)

Distribution of coupons

(A)

Priority consideration for OTA households

(i)

In general

The Assistant Secretary shall for the period beginning January 1, 2008, and ending March 31, 2009, distribute coupons only to households that have certified on their coupon application submitted under paragraph (1) that such household receives only over-the-air broadcast programming. (ii)

Cap on coupons

The total maximum value of all the coupons distributed under clause (i) shall not exceed $990,000,000. (B)

Other households

(i)

In general

The Assistant Secretary shall for the period beginning July 1, 2008, or the period beginning on the date that the total maximum value established under subparagraph (A)(ii) is reached, whichever is earlier, and ending March 31, 2009, distribute coupons to any household that has submitted a coupon application under paragraph (1). (ii)

Cap on coupons

The total maximum value of all the coupons distributed under clause (i) shall not exceed $510,000,000. (C)

Limitation

The Assistant Secretary shall ensure that— (i)no household that receives only over-the-air broadcast programming receives more than 2 coupons; and (ii)no other household receives more than 1 coupon. (D)

Required disclosures

The Assistant Secretary shall include along with any coupon distributed pursuant to this subsection a list of— (i)certified retailers of digital-to-analog converter boxes by zip code and area code, including each retailer's phone number and address; (ii)at least 2 national certified retailers or mail order companies and the 1-800 numbers of such retailers or companies so that households may order digital-to-analog converter boxes over the phone; and (iii)digital-to-analog converter boxes that are eligible to be purchased with a coupon. (E)

Prohibition on resale of coupons

No person, including any retailer or manufacturer, may sell or offer to sell a coupon distributed under this section for any monetary amount. .

7.

Reporting requirements

(a)

Report by the National Telecommunications and Information Administration

Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until March 31, 2009, the National Telecommunications and Information Administration shall report to Congress on the following: (1)

Consumer education efforts

The effectiveness of its outreach efforts to inform the public about the transition from analog to digital television, including a summary of any materials distributed, surveys and focus groups conducted, and any other efforts targeted at high-risk market segments, such as low-income individuals, the elderly, or individuals located in rural communities. The ongoing efforts and coordination of the Administration with industry groups (such as broadcasters, retailers, and manufacturers), other Federal agencies, nonprofit organizations, and community-based organizations. (2)

Converter box manufacturing

With respect to the digital-to-analog converter box program required under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23): (A)The participation level of manufacturers in such program. (B)The number of digital-to-analog converter box models manufactured pursuant to such program. (C)The number of digital-to-analog converter boxes shipped in the prior 90 days. (D)The performance testing results of each digital-to-analog converter box model manufactured pursuant to such program. (E)The number of digital-to-analog converter boxes in the marketplace that are— (i)compliant with the requirements under such program; and (ii)noncompliant with the requirements under such program. (3)

Converter box retailing

With respect to retailers: (A)The compliance rates of retailers with the labeling requirements under section 344(c) of the Communications Act of 1934. (B)The supply levels of retailers of digital-to-analog converter boxes, such levels shall be categorized on a— (i)State by State level; and (ii)regional level. (C)The price charged by such retailers for digital-to-analog converter boxes, and the sales efforts of such retailers with respect to such boxes. (D)The efforts of retailers on training and educating their sales force regarding the transition from analog to digital television. (4)

Coupon Administration

With respect to the digital-to-analog converter box coupon program established under section 3005(c) of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171; 120 Stat. 23): (A)The number of coupons issued, categorized nationally, by State, and by 5 digit zip code. (B)The number of coupons redeemed by households, categorized nationally, by State, and by 5 digit zip code. (C)The efforts of the Administration and the Assistant Secretary of Communications and Information to inform retailers about the coupon program and the process needed to redeem coupons, categorized by 5 digit zip code. (D)The number of households that have an analog television set and receive only over-the-air broadcast programming and that have submitted an application for a coupon, categorized nationally, by State, and by 5 digit zip code. (E)The number of households that have a digital television set and receive only over-the-air broadcast programming and that have submitted an application for a coupon, categorized nationally, by State, and by 5 digit zip code. (F)The number of households that have either an analog or digital television set and receive cable or satellite service and that have submitted an application for a coupon, categorized nationally, by State, and by 5 digit zip code. (G)The efforts of the Administration to utilize the household demographics collected under subparagraphs (D), (E), and (F) to determine an appropriate strategy for the distribution of print applications for coupons, such as distribution at post-offices, departments of motor vehicles, and community centers. (H)The average time of redemption of a coupon, measured from the date of issuance of the coupon to a household to the date of redemption of that coupon at a certified retailer of digital-to-analog converter boxes. (I)The top 10 retailers, by volume, where coupons are redeemed. (J)The results of quarterly surveys conducted between January 1, 2008 and March 31, 2009, on consumer satisfaction with the coupon program, including results related to ease of redemption, availability of digital-to-analog converter box, and the certified retailer’s knowledge of the impending transition from analog to digital television. (b)

Report by the FCC

Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until March 31, 2009, the Federal Communications Commission shall report to Congress on— (1)the effectiveness of its outreach efforts to inform the public about the transition from analog to digital television, including a summary of any materials distributed, surveys and focus groups conducted, and any other efforts targeted at high-risk market segments, such as low-income individuals, the elderly, or individuals located in rural communities; (2)the ongoing efforts and coordination of the Commission with industry groups (such as broadcasters, retailers, and manufacturers), other Federal agencies, States, nonprofit organizations, and community-based organizations; and (3)the ongoing efforts of the Commission to— (A)prevent fraud and abuse with respect to the transition from analog to digital television; (B)educate high-risk market segments, such as low-income individuals, the elderly, or individuals located in rural communities, on how to— (i)avoid potential fraudulent schemes related to the digital television transition; and (ii)identify occurrences of fraud; (C)prosecute those individuals accused of participating in fraudulent schemes related to the digital television transition; and (D)monitor the compliance of retailers and manufacturers with the labeling requirements under section 344(c) of the Communications Act of 1934. (c)

Authorization of appropriations

There are authorized to be appropriated to the National Telecommunications and Information Administration and the Federal Communications Commission such sums as are necessary to carry out the provisions of this section.