[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Reported in Senate (RS)]

                                                       Calendar No. 886
110th CONGRESS
  2d Session
                                S. 2507

                          [Report No. 110-424]

     To address the digital television transition in border states.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2007

Mrs. Hutchison (for herself, Mrs. Boxer, Mr. Cornyn, Mr. Menendez, and 
 Mr. Bingaman) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             July 17, 2008

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To address the digital television transition in border states.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``DTV Border Fix Act of 
2007''.</DELETED>

<DELETED>SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON 
              BORDER WITH MEXICO.</DELETED>

<DELETED>    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:</DELETED>
                <DELETED>    ``(D) Continuation of analog broadcasting 
                along common border with mexico.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) be entitled to the 
                                renewal of such station's television 
                                broadcast license authorizing analog 
                                television service; and</DELETED>
                                <DELETED>    ``(II) operate such 
                                television service on a channel between 
                                2 and 51.</DELETED>
                        <DELETED>    ``(ii) Conditions.--The rights, 
                        privileges, and obligations described under 
                        clause (i) shall only be extended if the 
                        following requirements are satisfied:</DELETED>
                                <DELETED>    ``(I) Any channel used for 
                                the distribution of analog television 
                                service shall not--</DELETED>
                                        <DELETED>    ``(aa) prevent the 
                                        auction of recovered spectrum 
                                        pursuant to paragraph 
                                        (15);</DELETED>
                                        <DELETED>    ``(bb) prevent the 
                                        use of recovered spectrum for 
                                        any public safety service 
                                        pursuant to section 337(a)(1); 
                                        and</DELETED>
                                        <DELETED>    ``(cc) encumber or 
                                        interfere with any channel 
                                        reserved for public safety use, 
                                        as such channels are designated 
                                        in ET Docket No. 97-
                                        157.</DELETED>
                                <DELETED>    ``(II) Each station 
                                described in clause (i) operates on its 
                                assigned analog channel, as of February 
                                16, 2009, if such channel--</DELETED>
                                        <DELETED>    ``(aa) is between 
                                        2 and 51;</DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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--
                                </DELETED>
                                        <DELETED>    ``(aa) be between 
                                        channels 2 and 51; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) allow such 
                                        station to operate on a primary 
                                        basis without causing 
                                        interference to--</DELETED>

                                                <DELETED>    ``(AA) any 
                                                other analog or digital 
                                                television station; 
                                                or</DELETED>

                                                <DELETED>    ``(BB) any 
                                                station licensed to 
                                                operate in any other 
                                                radio service that also 
                                                operates on channels 
                                                between 2 and 
                                                51.</DELETED>

                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) award the authority 
                                to use such channel for such purpose 
                                through the application of the 
                                procedures established under this 
                                section; and</DELETED>
                                <DELETED>    ``(II) give due 
                                consideration to any resolution 
                                procedures established by the 
                                Commission.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DTV Border Fix Act of 2008''.

SEC. 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 2008, 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);
                                            ``(cc) encumber or 
                                        interfere with any channel 
                                        reserved for public safety use, 
                                        as such channels are designated 
                                        in ET Docket No. 97-157; and
                                            ``(dd) prevent the 
                                        Commission from considering or 
                                        granting a request for waiver 
                                        submitted for public safety 
                                        service prior to the date of 
                                        enactment of the DTV Border Fix 
                                        Act of 2008.
                                    ``(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.''.
                                                       Calendar No. 886

110th CONGRESS

  2d Session

                                S. 2507

                          [Report No. 110-424]

_______________________________________________________________________

                                 A BILL

     To address the digital television transition in border states.

_______________________________________________________________________

                             July 17, 2008

                       Reported with an amendment