[Congressional Record Volume 154, Number 130 (Friday, August 1, 2008)]
[Senate]
[Pages S8005-S8006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       DTV BORDER FIX ACT OF 2008

  Ms. CANTWELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 886, S. 2507.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2507) to address the digital television 
     transition in border states.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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.''.

  Ms. CANTWELL. I ask unanimous consent that the amendment at the desk 
be agreed to, the committee-reported substitute, as amended, be agreed 
to, the bill, as amended, be read a third time and passed, the motion 
to reconsider be laid upon the table, and that any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5262) was agreed to, as follows:

       On page 7, line 7, strike ``2014'' and insert ``2013''.
       On page 10, line 18, strike the quotation mark and the 
     second period and insert the following:
       ``(E) Limitation on extension of certain licenses.--The 
     Commission shall not extend or renew a full-power television 
     broadcast license that authorizes analog television service 
     on or after February 17, 2013.''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2507), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 2507

       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 ``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, 2013--

       ``(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--

[[Page S8006]]

       ``(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.

       ``(E) Limitation on extension of certain licenses.--The 
     commission shall not extend or renew a full-power television 
     broadcast license that authorizes analog television service 
     on or after February 17, 2013.''.

                          ____________________