II 110th CONGRESS 1st Session S. 2507 IN THE SENATE OF THE UNITED STATES December 18, 2007 Mrs. Hutchison (for herself and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To address the digital television transition in border states.

1.

Short title

This Act may be cited as the DTV Border Fix Act of 2007.

2.

Continuation of analog broadcasting along common border with Mexico

Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) is amended by adding at the end the following: (D)

Continuation of analog broadcasting along common border with Mexico

(i)

In general

Notwithstanding any other provision of this section, any television station that has been granted a full-power television broadcast license that authorizes analog television service prior to February 17, 2009, that is licensed by the Commission to serve communities located within 50 miles of the United States common border with Mexico, and that can establish to the satisfaction of the Commission that such station's continued broadcasting of television service in analog is in the public interest, shall during the period beginning on the date of enactment of the DTV Border Fix Act of 2007, and ending February 17, 2014— (I)be entitled to the renewal of such station's television broadcast license authorizing analog television service; and (II)operate such television service on a channel between 2 and 51. (ii)

Conditions

The rights, privileges, and obligations described under clause (i) shall only be extended if the following requirements are satisfied: (I)Any channel used for the distribution of analog television service shall not— (aa)prevent the auction of recovered spectrum pursuant to paragraph (15); (bb)prevent the use of recovered spectrum for any public safety service pursuant to section 337(a)(1); and (cc)encumber or interfere with any channel reserved for public safety use, as such channels are designated in ET Docket No. 97–157. (II)Each station described in clause (i) operates on its assigned analog channel, as of February 16, 2009, if such channel— (aa)is between 2 and 51; (bb)has not previously been assigned to such station or any another station for digital operation after the digital transition required under subparagraph (A); and (cc)could be used by such station for broadcasting analog television service after the digital transition required under subparagraph (A) without causing interference to any previously authorized digital television stations. (III)If such station does not meet the requirements under subclause (II) for operation on its assigned analog channel, as of February 16, 2009, such station may request, and the Commission shall promptly act upon such request, to be assigned a new channel for broadcasting analog television service, provided that such newly requested channel shall— (aa)be between channels 2 and 51; and (bb)allow such station to operate on a primary basis without causing interference to— (AA)any other analog or digital television station; or (BB)any station licensed to operate in any other radio service that also operates on channels between 2 and 51. (iii)

Mutually exclusive applications

If mutually exclusive applications are submitted for the right to use a channel in order to broadcast analog television service pursuant to this subparagraph, the Commission shall— (I)award the authority to use such channel for such purpose through the application of the procedures established under this section; and (II)give due consideration to any resolution procedures established by the Commission. .