[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 25 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 25

   To ensure access to basic broadcast television after the Digital 
             Television Transition, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2009

  Mr. Sanders introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To ensure access to basic broadcast television after the Digital 
             Television Transition, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital TV Transition Fairness 
Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary for Communications and 
        Information of the Department of Commerce.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Digital-to-analog converter box.--The term ``digital-
        to-analog converter box'' has the same meaning as in section 
        3005(d) of the Digital Television Transition and Public Safety 
        Act of 2005.
            (4) Local market.--The term ``local market'' has the same 
        meaning as in section 122(j) of title 17, United States Code.
            (5) Multichannel video programming distributor.--The term 
        ``multichannel video programming distributor'' has the same 
        meaning as in section 602(13) of the Communications Act of 
        1934.
            (6) Television broadcast station.--The term ``television 
        broadcast station'' has the same meaning as in section 
        325(b)(7) of the Communications Act of 1934.

SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM.

    (a) Creation of Program.--The Assistant Secretary, in coordination 
and consultation with the Commission, shall implement and administer a 
program through which households or individuals in the United States 
may obtain coupons that can be applied toward--
            (1) the cost to install a digital-to-analog converter box;
            (2) the purchase of an indoor or outdoor antenna, or both 
        if needed, to facilitate the reception and display of signals 
        of channels broadcast in digital television service;
            (3) the cost to install any antenna described in paragraph 
        (2); and
            (4) the cost to install, or the cost of any other equipment 
        needed to receive and display, basic broadcast television 
        service, as such service is described in section 4.
    (b) Program Specifications.--
            (1) Eligibility.--
                    (A) Household or individual.--Any household or 
                individual that was or is eligible for a digital-to-
                analog converter box coupon under the coupon program 
                established under section 3005 of the Digital 
                Television Transition and Public Safety Act of 2005 
                shall be eligible to receive a coupon under the coupon 
                program established under this section.
                    (B) Product eligibility.--The Assistant Secretary, 
                in consultation with the Commission, shall determine 
                minimum standards for which types of antennas, 
                installation providers, and other companies are 
                eligible to participate in the coupon program 
                established under this section. Such minimum standards 
                shall be established not later than 30 days after the 
                date of enactment of this Act.
                    (C) Limitation.--No household or individual may be 
                eligible to participate in the coupon program 
                established under this section if--
                            (i) on the date of enactment of this Act, 
                        the household or individual was receiving 
                        broadcast television that it had purchased from 
                        a multichannel video programming distributor; 
                        or
                            (ii) after the date of enactment of this 
                        Act, the household or individual purchases 
                        television broadcasts, other than basic 
                        broadcast television service described in 
                        section 4, from a multichannel video 
                        programming distributor.
            (2) Request.--A household or individual may obtain coupons 
        under this section by making a request as required by the 
        regulations implementing this section.
            (3) Coupon value.--The Assistant Secretary shall determine 
        the value of any coupons issued under this section, provided 
        that the value of any single coupon does not exceed $80. In 
        making the determination of the value of any single coupon, the 
        Assistant Secretary shall consider the purpose for which the 
        requesting household or individual is requesting the coupon and 
        the types of costs to which the coupon will be applied.
            (4) Duration.--All coupons issued under this section shall 
        expire upon the later of the date of termination of the program 
        established under this section or 90 days.
            (5) Termination.--The program established under this 
        section shall terminate on the date that is 18 months after the 
        date on which the first coupon under this section is issued.
    (c) Consumer Education.--The Assistant Secretary shall develop, in 
consultation with the Commission and broadcast and television industry 
representatives, an Internet website and a toll-free telephone hotline 
accessible to consumers that have degraded or lost signals or channels 
as a result of the full power transition from analog to digital 
television that is to occur on February 17, 2009. The website and 
telephone hotline shall provide relevant information in order to assist 
consumers in determining--
            (1) if the purchase or installation of an outdoor or indoor 
        antenna will assist the consumer in resolving or improving 
        their digital television reception problems; and
            (2) what options are available to them should they find 
        that purchasing an outdoor or indoor antenna will not assist in 
        resolving or improving their digital television reception.
    (d) Anti-Fraud Protections.--The Assistant Secretary shall develop, 
in consultation with the Commission, anti-fraud measures and procedures 
to ensure that only eligible households and individuals receive a 
coupon issued under this section.
    (e) Reporting Requirement.--
            (1) In general.--Not later than 1 month after the date of 
        enactment of this Act, and every 7 days thereafter, the 
        National Telecommunications and Information Administration 
        shall make publicly available on its website the--
                    (A) number of requests for coupons under this 
                section;
                    (B) number of coupons issued under this section;
                    (C) amount of each coupon issued, including the 
                total amount of all such issued coupons;
                    (D) types of costs to which each such issued coupon 
                will be applied, as such costs are self-reported on the 
                application of each household or individual;
                    (E) number of issued coupons that have been 
                redeemed; and
                    (F) amount of unobligated and unexpended funds that 
                remain from the amounts authorized under section 6.
            (2) Termination.--The requirement described under paragraph 
        (1) shall terminate 3-months after the last coupon under this 
        section is issued.

SEC. 4. BASIC BROADCAST TELEVISION SERVICE.

    (a) Requirement.--
            (1) In general.--The Commission shall promulgate rules 
        requiring that each multichannel video programming distributor, 
        who provides broadcast television for a local market, provide 
        to eligible consumers in that local market access to basic 
        broadcast television service, as such service is described in 
        subsection (b).
            (2) Safe harbor.--
                    (A) In general.--The retransmission or secondary 
                transmission of any televison broadcast station by a 
                multichannel video programming distributor pursuant to 
                paragraph (1) shall not be subject to any prohibitions 
                on such activities as described under sections 325 and 
                338 of the Communications Act of 1934 or under section 
                122 of title 17, United States Code, and any such 
                distributor shall be immune from any civil liability 
                related to fulfilling the requirements under paragraph 
                (1).
                    (B) Fee exemption.--In promulgating rules under 
                paragraph (1), the Commission shall require that each 
                television broadcast station--
                            (i) grant consent to multichannel video 
                        programming distributors to retransmit the 
                        signal of such broadcasting station only for 
                        the purposes of fulfilling the requirements 
                        under paragraph (1); and
                            (ii) waive any fees or charges that are 
                        customarily or usually applied for the grant of 
                        such consent.
    (b) Basic Broadcast Television Service.--Any rule promulgated under 
subsection (a) relating to the definition of basic broadcast television 
service shall ensure that, at a minimum, such service includes the 
transmission, retransmission, or secondary transmission of the over-
the-air signal of any nonsubscription television broadcast station 
located within the local market.
    (c) Eligible Consumers.--
            (1) In general.--For purposes of this section, an 
        ``eligible consumer'' is a consumer--
                    (A) whose primary residence is located in a local 
                market where at least 1 television broadcast station 
                has certified to the Commission that channel signal 
                loss has occurred as a result of the transition from 
                analog to digital television that is to occur on 
                February 17, 2009; and
                    (B) who does not currently subscribe to a 
                multichannel video programming service at his or her 
                primary residence.
            (2) Loss of eligibility; purchase of additional service.--
        If at any time after purchasing basic broadcast television 
        service pursuant to this section, an eligible consumer 
        purchases any additional channel service from a multichannel 
        video programming distributor, such consumer shall no longer be 
        eligible to purchase such basic broadcast television service.
    (d) Additional Cost Requirements.--In promulgating rules under 
subsection (a), the Commission shall ensure that--
            (1) the cost to purchase basic broadcast television service 
        does not exceed $10 per month, except that such maximum monthly 
        fee shall be adjusted annually in accordance with the annual 
        percentage increase in the Consumer Price Index of the Bureau 
        of Labor Statistics of the Department of Labor in increments of 
        $1 only when the percentage increase in such index, when 
        applied to the maximum monthly fee, produces dollar increases 
        that exceed $1; and
            (2) a multichannel video programming distributor providing 
        such basic broadcast service may not charge installation costs 
        for such service that are in excess of the regular market rate 
        charged to normal non-basic broadcast television service 
        customers who purchase installation for any other services 
        provided by the multichannel video programming distributor.
    (e) Anti-Fraud Protections.--The Commission shall develop anti-
fraud measures and procedures to ensure that only eligible consumers 
are provided access to basic broadcast television service under the 
terms of this section.
    (f) Report to Congress.--Not later than 6 months after the date of 
enactment of this Act, and every 12 months thereafter, the Commission 
shall submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives on--
            (1) the number of eligible consumers who have purchased 
        basic broadcast television service;
            (2) the problems encountered by eligible consumers, 
        multichannel video programming distributors, television 
        broadcasters, or the Commission in adhering to or implementing 
        the requirements of this section; and
            (3) any other information the Commission determines 
        appropriate.
    (g) Public Availability.--The Commission shall make any report 
required under subsection (e) available to the public on its website in 
a searchable and downloadable manner.
    (h) Termination Only by Act of Congress.--This section may be 
limited, canceled, terminated, or rescinded only by an Act of Congress.

SEC. 5. OUTREACH CAMPAIGN.

    (a) In General.--The Commission, in consultation and coordination 
with the National Telecommunications and Information Administration, 
the Administrator of the Administration on Aging, the heads of any 
other relevant Federal agency, State and local agencies, the broadcast, 
cable, satellite, and other telecommunications industries, and 
nonprofit, religious, community-based, and other similar organizations, 
shall carry out an education and outreach campaign to inform and 
educate consumers on the availability, benefits, and advantages of the 
programs and requirements established under this Act.
    (b) Requirements.--The education and outreach campaign required 
under subsection (a) shall, at a minimum--
            (1) begin immediately upon the date of enactment of this 
        Act;
            (2) involve dissemination of information over radio, 
        television, the Internet, and other electronic media, as well 
        other traditional nonelectronic media;
            (3) require that each agency described in subsection (a) 
        maintain information relating to the programs and requirements 
        established under this Act on the website of such agency; and
            (4) require efforts to inform and educate all relevant 
        consumers, in particular those consumers--
                    (A) in vulnerable populations such as--
                            (i) senior citizens;
                            (ii) consumers living in rural and tribal 
                        areas;
                            (iii) non-English speaking consumers;
                            (iv) consumers with disabilities; and
                            (v) low-income consumers; and
                    (B) located in a local market where channel signal 
                loss as a result of the full power transition from 
                analog to digital television that is to occur on 
                February 17, 2009, is likely or predicted to be likely.
    (c) Provision of Funds.--The Commission may distribute funds to 
nonprofit, religious, community-based, and other similar organizations 
to assist with the education and outreach campaign required under this 
section.
    (d) Website.--Each Federal agency participating in the education 
and outreach campaign required under this section shall work to ensure 
the existence and operation of a single website accessible by the 
public that shall serve as the clearinghouse for all information 
relating to this Act and the programs established by this Act.

SEC. 6. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $700,000,000 for fiscal years 2009 
and 2010, of which--
            (1) $600,000,000 shall be made available to the Assistant 
        Secretary to carry out the digital viewership coupon program 
        established under section 3; and
            (2) $100,000,000 shall be made available to the Commission 
        to carry out the requirements of sections 4 and 5.
    (b) Transfer of Funds in the Digital Television Transition and 
Public Safety Fund.--Notwithstanding any other provision of law, any 
funds remaining in the Digital Television Transition and Public Safety 
Fund established under section 309(j)(8)(E) of the Communications Act 
of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the 
digital-to-analog converter box program established under section 3005 
of the Digital Television Transition and Public Safety Act of 2005, be 
used to cary out the provisions of this Act.
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