[Congressional Record Volume 155, Number 15 (Monday, January 26, 2009)]
[Senate]
[Pages S846-S847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 38. Mr. ROCKEFELLER (for himself, Mrs. Hutchison, Mr. Kerry, Ms. 
Klobuchar, Mr. Pryor, Mr. Schumer, Mr. Harkin, Mr. Kohl, Mr. Casey, and 
Mr. Sanders) submitted an amendment intended to be proposed by him to 
the bill S. 328, to postpone the DTV transition date; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DTV Delay Act''.

     SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE.

       (a) In General.--Section 3002(b) of the Digital Television 
     Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) 
     is amended--

[[Page S847]]

       (1) by striking ``February 18, 2009;'' in paragraph (1) and 
     inserting ``June 13, 2009;''; and
       (2) by striking ``February 18, 2009,'' in paragraph (2) and 
     inserting ``that date''.
       (b) Extension of Coupon Program.--Section 3005(c)(1)(A) of 
     that Act (47 U.S.C. 309 note) is amended by striking ``March 
     31, 2009,'' and inserting ``July 31, 2009,''.
       (c) Conforming Amendments.--
       (1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is 
     amended by striking ``February 17, 2009.'' and inserting 
     ``June 12, 2009.''.
       (2) 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.''.
       (3) 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,''.
       (d) 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.--In 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.

     SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX 
                   PROGRAM.

       (a) Treatment of Expired Coupons.--Section 3005(c)(1) of 
     the Digital Television Transition and Public Safety Act of 
     2005 (47 U.S.C. 309 note) is amended by adding at the end the 
     following:
       ``(D) Expired coupons.--The Assistant Secretary may 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.''.
       (b) Conforming amendment.--Section 3005(c)(1)(A) of the 
     Digital Television Transition and Public Safety Act of 2005 
     (47 U.S.C. 309 note) is amended by striking ``receives, via 
     the United States Postal Service,'' and inserting 
     ``redeems''.

     SEC. 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 may use expedited procedures, and may 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 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.

     SEC. 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.''.

     SEC. 6. EMERGENCY DESIGNATION.

       Each amount made available under section 3005 of the 
     Digital Television Transition and Public Safety Act of 2005 
     (47 U.S.C. 309 note) as a result of the amendments made by 
     this Act is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009.

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