I 111th CONGRESS 1st Session H. R. 681 IN THE HOUSE OF REPRESENTATIVES January 26, 2009 Mr. Waxman (for himself, Ms. Baldwin, Mr. Butterfield, Mrs. Capps, Mrs. Christensen, Mr. Doyle, Ms. Eshoo, Mr. Gonzalez, Mr. Gordon of Tennessee, Mr. Gene Green of Texas, Mr. Hill, Mr. Markey of Massachusetts, Mr. Rush, Ms. Schakowsky, Mr. McNerney, Ms. Castor of Florida, Mr. Pallone, Mr. Sarbanes, Mr. Matheson, Mr. Grayson, Mr. Rangel, and Mr. Pierluisi) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Digital Television Transition and Public Safety Act of 2005 and the Communications Act of 1934 to establish a new digital television transition date, to improve the digital-to-analog converter box program, and for other purposes.

1.

Short title

This Act may be cited as the Digital Television Transition Extension Act of 2009.

2.

Extension of DTV transition deadline

(a)

Amendments to Communications Act of 1934

(1)

Section 309

Section 309(j)(14)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended by striking February 17, 2009 and inserting June 12, 2009. (2)

Section 337

Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking February 17, 2009 and inserting June 12, 2009. (b)

Amendments to Digital Television Transition and Public Safety Act of 2005

(1)

Section 3002

Section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 is amended by striking February 18 each place it appears and inserting June 13. (2)

Section 3005

Section 3005(c)(1) of such Act is amended by striking March 31, 2009 and inserting July 31, 2009. (3)

Section 3008

Section 3008(a)(1) of such Act is amended by striking February 17, 2009 and inserting June 12, 2009. (c)

License Terms

(1)

Extension

The Federal Communications Commission shall extend the terms of the licenses for the recovered spectrum, including the license period and construction requirements associated with those licenses, for a 116-day period. (2)

Definition

For purposes of this subsection, the term recovered spectrum means— (A)the recovered analog spectrum, as such term is defined in section 309(j)(15)(C)(vi) of the Communications Act of 1934; and (B)the spectrum excluded from the definition of recovered analog spectrum by subclauses (I) and (II) of such section.

3.

Modification of digital-to-analog converter box program

(a)

Treatment of expired coupons

(1)

In general

Section 3005(c)(1) of the Digital Television Transition and Public Safety Act of 2005 is amended by adding at the end the following new subparagraph: (D)

Expired coupons

The Assistant Secretary shall issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed. . (2)

Conforming amendment

Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 is amended by striking receives and inserting redeems. (b)

Expediting delivery

(1)

First class mail

Within 7 days after the date of enactment of this Act, the Assistant Secretary for Communications and Information of the Department of Commerce shall expedite the distribution of coupons issued under section 3005 of the Digital Television Transition and Public Safety Act of 2005 by directing that, if coupons are delivered via the United States Postal Service, such coupons shall be delivered via pre-sorted first class mail service. (2)

Conforming amendment

Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 is further amended by striking , via the United States Postal Service,. (c)

Condition of modifications

The amendments made by this section shall not take effect until the enactment of new budget authority to carry out the analog-to-digital converter box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005.

4.

Implementation

(a)

Permissive early termination under existing requirements

Nothing in this Act is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission’s requirements in effect on the date of enactment of this Act, including the flexible procedures established in the Matter of Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (FCC 07–228, MB Docket No. 07–91, released December 31, 2007). (b)

Public Safety Radio Services

(1)

Use on cleared spectrum

Notwithstanding the amendments made by section 2, if— (A)a television broadcast station ceases the broadcasting of such station's analog television service under subsection (a) of this section prior to June 12, 2009, and (B)as a consequence of such cessation, spectrum between frequencies 768 and 776 megahertz, inclusive, and 798 and 806 megahertz, inclusive, becomes available for non-television broadcast use prior to June 12, 2009, the Federal Communications Commission shall permit the use of such spectrum for authorized public safety radio services if the Commission determines that such use is in the public interest and does not cause harmful interference to full-power television stations in the analog or digital television service.(2)

Expedited procedures

The Federal Communications Commission is authorized to use expedited procedures, and to waive such rules as may be necessary, to make a determination on an application made under paragraph (1) to begin such use of such spectrum by a public safety agency (as such term is defined in section 3006(d)(1) of the Digital Television Transition and Public Safety Act of 2005) in not less than 2 weeks after the date of submission of such application. (c)

Expedited Rulemaking

Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications and Information Administration shall, not later than 30 days after the date of enactment of this Act, each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act.

5.

Extension of Commission auction authority

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking 2011 and inserting 2012.

6.

Reports

(a)

Monthly reporting requirement

Beginning one month after enactment of this Act and ending on October 31, 2009, the Assistant Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a monthly report detailing— (1)the number of unredeemed and unexpired coupons still held by consumers; (2)the number of replacement coupons the National Telecommunications and Information Administration has issued for expired coupons pursuant to section 3005(c)(1) of the Digital Television Transition and Public Safety Act of 2005, as amended by section 3(a) of this Act, during the 30 days prior to the monthly reporting date required by this subsection; (3)the approximate number of analog-to-digital converter boxes available for purchase by consumers; (4)the number of new and replacement coupons issued by the National Telecommunications and Information Administration via postal mail and other delivery methods, including electronic mail; and (5)the remaining amount of funds available to the National Telecommunications and Information Administration to carry out section 3005 of the Digital Television Transition and Public Safety Act of 2005, as amended by this Act and any other Act. (b)

Report about rural areas

(1)

In general

Not later than December 30, 2009, the Federal Communications Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report about the effect of the digital television transition on consumers in rural areas in the United States. (2)

Specific requirements

The report required under paragraph (1) shall include information on the following: (A)Whether rural areas experienced disproportionately more service disruptions than urban and suburban areas. (B)Whether gaps in over-the-air broadcast coverage exist for rural consumers due to the shorter range for digital signals, as compared to analog signals. (C)Recommendations for rectifying significant problems that have arisen in rural areas in the United States as a result of the digital television transition.