[Congressional Record Volume 154, Number 185 (Wednesday, December 10, 2008)]
[House]
[Pages H10943-H10944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SHORT-TERM ANALOG FLASH AND EMERGENCY READINESS ACT

  Mrs. CAPPS. Mr. Speaker, I ask unanimous consent that the Committee 
on Energy and Commerce be discharged from further consideration of the 
Senate bill (S. 3663) 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, 
and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 3663

       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 ``Short-term Analog Flash and 
     Emergency Readiness Act''.

     SEC. 2. COMMISSION ACTION REQUIRED.

       (a) Program Required.--Notwithstanding any other provision 
     of law, the Federal Communications Commission shall, not 
     later than January 15, 2009, develop and implement a program 
     to encourage and permit, to the extent technically feasible 
     and subject to such limitations as the Commission finds to be 
     consistent with the public interest and the requirements of 
     this Act, the broadcasting in the analog television service 
     of only the public safety information and digital transition 
     information specified in subsection (b) during the 30-day 
     period beginning on the day after 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 and the cessation of broadcasting by full-power 
     stations in the analog television service.
       (b) Information required.--The program required by 
     subsection (a) shall provide for the broadcast of--

[[Page H10944]]

       (1) emergency information, including critical details 
     regarding the emergency, as broadcast or required to be 
     broadcast by full-power stations in the digital television 
     service;
       (2) information, in both English and Spanish, and 
     accessible to persons with disabilities, concerning--
       (A) the digital television transition, including the fact 
     that a transition has taken place and that additional action 
     is required to continue receiving television service, 
     including emergency notifications; and
       (B) the steps required to enable viewers to receive such 
     emergency information via the digital television service and 
     to convert to receiving digital television service, including 
     a phone number and Internet address by which help with such 
     transition may be obtained in both English and Spanish; and
       (3) such other information related to consumer education 
     about the digital television transition or public health and 
     safety or emergencies as the Commission may find to be 
     consistent with the public interest.

     SEC. 3. LIMITATIONS.

       In designing the program required by this Act, the 
     Commission shall--
       (1) take into account market-by-market needs, based upon 
     factors such as channel and transmitter availability;
       (2) ensure that broadcasting of the program specified in 
     section 2(b) will not cause harmful interference with signals 
     in the digital television service;
       (3) not require the analog television service signals 
     broadcast under this Act to be retransmitted or otherwise 
     carried pursuant to section 325(b), 338, 339, 340, 614, or 
     615 of the Communications Act of 1934 (47 U.S.C. 325(b), 338, 
     339, 340, 614, or 615);
       (4) take into consideration broadcasters' digital power 
     levels and transition and coordination plans that already 
     have been adopted with respect to cable systems and satellite 
     carriers' systems;
       (5) prohibit any broadcast of analog television service 
     signals under section 2(b) on any spectrum that is approved 
     or pending approval by the Commission to be used for public 
     safety radio services, including television channels 14-20; 
     and
       (6) not include the analog spectrum between channels 52 and 
     69, inclusive (between frequencies 698 and 806 megahertz, 
     inclusive) reclaimed from analog television broadcasting 
     pursuant to section 309(j) of the Communications Act of 1934 
     (47 U.S.C. 309(j)).

     SEC. 4. DEFINITIONS.

       As used in this Act, the term ``emergency information'' has 
     the meaning such term has under part 79 of the regulations of 
     the Federal Communications Commission (47 C.F.R. part 79).
  Mrs. CAPPS. Mr. Speaker, I rise today in strong support of S. 3663, 
the Short-term Analog Flash and Emergency Readiness Act.
  On February 18, 2009, full-power television stations in the United 
States will stop broadcasting in analog and transition to all-digital 
broadcasting. This is undoubtedly an important step forward for our 
country; it allows us to more efficiently utilize our airwaves, and to 
lay the groundwork for a nationwide public safety network. However, we 
must proceed with caution to ensure that segments of our population are 
not left behind and remain informed in cases of emergency.
  That is why I introduced the SAFER Act. This bill creates a program 
within the FCC that allows for the continuation of analog signals to 
televisions for 30 days following the DTV transition. It ensures that, 
once the digital television transition has taken place, unprepared 
analog televisions will receive a short ``slide''--in English and 
Spanish--explaining that the digital transition has occurred and what 
viewers need to do to continue receiving television broadcasts. The 
bill also allows for emergency communications, such as natural disaster 
alerts, to be broadcast to unprepared analog televisions. The fires 
that raged through my congressional district and other parts of 
southern California last month are an example of alerts that could be 
broadcast to television viewers who were unprepared for the DTV 
transition.
  According to the GAO, over 17 million households rely exclusively on 
analog over-the-air television, and while broadcasters, the FCC and 
others have been working furiously to let them know about the upcoming 
transition, there will inevitably be some folks left behind. In fact, 
that is exactly what happened after an FCC ``test'' transition in 
Wilmington, NC. Despite saturation advertising announcing the change 
and a geographic topography most conducive to it, nearly 2,000 
households woke up to find that their televisions did not work; when 
extrapolated to the entire Nation this could mean that at least 1.5 
million households will wake up on February 18 without a working 
television.
  We also know that certain segments of our population will likely be 
disproportionately impacted by the digital transition: Latinos, African 
Americans, and seniors. As someone who represents a congressional 
district that is 42 percent Latino and has many senior citizens, I find 
this very troubling. Clearly, we should be doing everything we can to 
ensure that no Americans are left behind during this important time.
  Mr. Speaker, I am grateful to my colleague Senator Rockefeller and 
his staff for taking leadership on this important bill in the Senate, 
and to Chairman Dingell and his staff for working closely with us to 
ensure that no one is left behind by the DTV transition.
  I urge my colleagues to support S. 3663, the Short-term Analog Flash 
and Emergency Readiness Act.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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