[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Pages S10324-S10325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 3663. A bill to require the Federal Communications Commission to 
provide for a short-term extension of the analog television 
broadcasting authority so that essential public safety announcements 
and digital television transition information may be provided for a 
short time during the transition to digital television broadcasting; to 
the Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce the Short-
term Analog Flash and Emergency Readiness Act. This simple piece of 
legislation will help make sure those consumers who fail to make the 
transition to Digital Television, DTV, by February 17, 2009 are not 
left without access to emergency information. This bill will also allow 
those consumers to understand what steps they need to take in order to 
restore their television signals.
  I voted against the Deficit Reduction Act of 2005, which directs that 
on February 18, 2009, over-the-air full-power television broadcasts, 
which are currently provided by television stations in both analog and 
digital formats, will become digital only. I voted against this bill in 
both the Commerce Committee and during its consideration by the full 
Senate because it failed to address the core policy questions of the 
implementation of the transition to DTV. Specifically, it did not 
adequately address the minimization of consumer disruption and the 
establishment a national interoperable communications network with the 
analog spectrum that broadcasters were vacating. I was one of only 
three ``No'' votes in Committee.
  When the Commerce Committee passed its portion of the Deficit 
Reduction Act of 2005, the then-Republican majority on the Committee 
did not want to spend significant resources on the DTV transition to 
minimize consumer disruption. Nor, did they want to spend any resources 
on building a national interoperable public safety communications 
network. The only thing that mattered to Republicans in 2005 was 
generating sufficient money to meet our budget reconciliation 
instructions. Because the Committee failed to set forth coherent policy 
objectives in 2005, consumers and our Nation's first responders will 
bear the brunt of that failure.
  I believe that many have forgotten why we moved forward with the DTV 
transition. It was to free up much needed spectrum to create a national 
interoperable public safety communications network. I know the people 
of West Virginia strongly support their first responders and would have 
gladly accepted that transition to make sure that in times of crisis 
our local police, fire, and emergency response teams could communicate. 
Instead, the DTV transition has been sold as nothing more than having a 
better television picture. That is unfortunate because we are making 
this transition to address a critical public safety need--one 
identified by the 9/11 Commission.
  Unfortunately, the Federal Communications Commission still has not 
devised a plan to establish this national public safety communications 
network. The spectrum has been auctioned and the big wireless companies 
have secured their futures. But our nation's first responders, which 
should have been this Administration's first priority, are not much 
closer to achieving interoperable communications.
  As my good friend FCC Commissioner Michael Copps has stated, ``the 
question of public safety is . . . the first obligation of the public 
servant.'' In a

[[Page S10325]]

more perfect world, our nation's first responders would already have 
access to an interoperable and fully-funded broadband network that 
makes use of dedicated public safety spectrum. We are still a long way 
from developing this network for public safety, and that is something 
of which we all should be ashamed. If we fail to establish this network 
quickly and in a manner that works for the public safety community, I 
am afraid we may have lost the opportunity forever.
  This Administration has failed consumers as well. In 2005, Congress 
left almost all of the implementation of the transition to the private 
sector--broadcasters, cable and satellite companies, and consumer 
electronics retailers. Although well-heeled industries state that they 
have devoted hundreds of millions of dollars to making Americans aware 
of the DTV transition, I am not sure that it is going to minimize the 
disruption.
  The recent DTV transition test market of Wilmington, North Carolina 
demonstrated that, even with extraordinary levels of outreach, some did 
not know about the DTV transition. I would note that Wilmington 
received far more attention than any market in West Virginia is likely 
to receive, or any other part of the country for that matter.
  Even if a consumer was aware of the DTV transition, several thousand 
people called into the FCC for assistance--they could not set up their 
box, they could not receive certain digital signals, or their antennae 
needed adjustment, to name just a few of the problems. Consumers, 
especially the elderly and those with limited English proficiency, are 
going to need help in managing the transition.
  Among its many shortcomings, the DTV Act did not require the Federal 
agencies charged with administering the transition to develop a program 
to assist consumers with attaching the converter boxes to their sets. 
By contrast, in the United Kingdom, there is an assistance program, 
known as ``Help Scheme,'' that will assist a many as 7 million 
households with selecting, installing, and using DTV equipment.
  Unfortunately, in the remaining time before the transition, we are 
not going to be able to replicate the United Kingdom's consumer 
assistance plan. But, we may be able to take small steps that can help 
consumers.
  My legislation is one such step. It simply allows the FCC to permit 
analog television signals to be broadcast for thirty days after the 
transition so that, at a minimum, one station in a market can send a 
signal explaining what has happened to a consumer's television signal 
and how to restore that signal. Far more importantly, it will allow the 
broadcast of emergency information so that people are aware of 
impending storms, floods, or other emergencies.
  This was done in the Wilmington television market and people found it 
to be beneficial. A hurricane almost hit Wilmington around the time of 
its DTV transition. Because it was a test market, the government would 
have had the luxury of postponing the transition if a hurricane struck 
the region. On February 18, 2009, Americans left in the dark will not 
have that luxury. They would not know if a Nor'easter is on its way, or 
catastrophic flooding is occurring, or if a terrorist has once again 
truck our Nation.
  We cannot let that happen. We must pass this legislation before we 
adjourn for the year.
                                 ______