[Congressional Record (Bound Edition), Volume 155 (2009), Part 1]
[Senate]
[Pages 1493-1495]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             DTV DELAY ACT

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. 328, introduced 
earlier today by Senator Rockefeller.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 328) to postpone the DTV transition date.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. ROCKEFELLER. Mr. President, on February 17, 2009--less than 1 
month from today--our Nation is scheduled to make the transition to 
digital television, or DTV. On this day, full-power television stations 
across the country will stop broadcasting in analog and switch to 
digital signals.
  The way I see it, right now we have a choice. We can do the DTV 
transition right or we can do it wrong. Doing it right would mean that 
as many as 21 million households across this country do not lose access 
to news, information and emergency alerts. Doing it right would mean 
that every consumer who relies on over the-air television is aware of 
the steps they need to take to ensure continued reception and receive 
the assistance they need to prepare for the transition in their home. 
And doing it right means that no one across this land wakes up on 
February 18 to find that their television set has gone dark.
  But the shameful truth is that we are not poised to do this 
transition right. We are only weeks away from doing it dreadfully 
wrong--and leaving consumers with the consequences. It is no secret 
that the outgoing administration grossly mismanaged the digital 
television transition. The coupon program that was designed to help 
consumers defray the cost of converter boxes to ensure the continued 
functioning of their analog television sets has a waiting list of over 
2 million. This number will multiply to millions more in the weeks 
ahead. Making a difficult situation even worse, we also face the 
frightful specter of converter box shortages.
  On top of this, consumers are aware of the transition, but confused 
about its consequences. One study suggests that while recognition of 
the transition is widespread, an alarming 63 percent have major 
misconceptions about just what steps they need to take to prepare. 
Calling centers at the Department of Commerce and Federal 
Communications Commission are ill-equipped to deal with the avalanche 
of calls that are expected on February 17 and in the days and weeks 
after. Consumers will be on their own, forced to navigate through the 
messy rubble of a botched transition.
  I believe we can and should do better. Doing better means more than 
cobbling together the failed efforts of the last administration. Doing 
better requires more attention and more resources. But above all, it 
will require more time--to get the DTV transition right.
  This is why last week I introduced the DTV Delay Act. I asked the 
Senate to delay the date of the transition from February 17 to June 12, 
2009. This will give us the time we need to develop an approach that 
puts consumers first and provides them with the assistance they need.
  In the interim, I have been working with the distinguished ranking 
member of the Senate Commerce, Science and Transportation Committee, 
Senator Hutchison, to modify and improve the language of my earlier 
bill in an effort to broaden support and speed its passage.
  I rise again today to introduce, now with my good friend Senator 
Hutchison, an amended version of the DTV Delay Act. This version 
incorporates adjustments to help manage the transition in affected 
communities, including a provision that makes clear that despite this 
date change the transition needs of broadcasters and public safety 
officials will be respected.
  Let me be clear. This legislation is not perfect. But it represents a 
turning point--a start. The record will reflect that I have spent years 
advocating a different course. I voted against the Deficit Reduction 
Act of 2005, which set this hard date for the transition deep in the 
winter. I voted against this bill in both the Commerce Committee and 
during its consideration by the full Senate because it fell short of a 
real plan for minimizing consumer disruption. I voted against this bill 
because it failed to spend any resources building a national 
interoperable public safety communications network in the spectrum 
vacated by analog broadcasting. Voting no was by no means a popular 
thing to do. In fact, I was one of only three ``no'' votes in the 
Commerce Committee.
  Last year, I introduced and the Congress passed the SAFER Act. This 
legislation provided the Federal Communications Commission with 
authority to extend analog television broadcasting so that essential 
public safety announcements and DTV transition could be viewed in the 
days following the February 17 transition. I now believe that this is 
not enough. It is a meaningful bandage, but the situation we face 
requires more intensive care.
  The DTV Delay Act will not fix all of the problems associated with 
the transition. More work needs to be done to ensure that consumers are 
aware of the transition and get the help they need. But it gives us all 
the time to do the transition right. Time to develop a new plan, time 
to implement a new set of ideas to manage the transition, and time to 
make sure that in the switch to digital signals no American is left 
behind. Senator Hutchison and I are committed to making sure every 
American is able to manage the DTV transition without undue hardship. 
We are working on initiatives to be included in the economic recovery 
package. If we are able to make substantial progress on the 
administration of the transition this should be the last delay we have 
to seek. Barring unforeseen emergencies, we should not have another 
delay. I know the Obama administration shares our commitment to getting 
this right so that we can avoid any further delays.
  So we have a choice, we can proceed with the DTV Delay Act or weeks 
from today we can survey the wreckage of a failed effort to transition 
to digital broadcasting, complete with angry consumers, converter box 
troubles, and calling centers overwhelmed with consumer complaints. 
Worse, should a tragedy strike, we face the prospect of millions of 
consumers without access to television, without a lifeline for news and 
information that may be necessary to protect them from harm.
  Again, we have a choice. And I know what I choose. I choose that we 
delay this transition because I believe we owe the American people a 
successful migration to digital television. Today will be the second 
time that the majority leader has sought consent on the DTV Delay Act. 
We simply can't keep coming back again and again to delay as time is 
running out. We must act now because we will not have the ability to 
address consumer needs if we wait much longer.
  I ask my colleagues to do the same. I warn those who would stand in 
the

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way, who dismiss my sense of urgency, that should they force us to keep 
to our current course, it is the American public who will bear the 
brunt of their opposition. We owe our citizens so much more than this. 
So I ask my colleagues to join me and support the DTV Delay Act.
  Mr. KERRY. Mr. President, I support the incoming chairman of the 
Commerce Committee as well as the President in the effort to delay the 
digital television transition date because I believe that the Federal 
Government's first responsibility in administering this transition is 
to the consumers who stand to lose television reception in just 22 
days. On January 4, the National Telecommunications and Information 
Administration, NTIA, announced that the program designated to 
distribute coupons to consumers in need of digital converter boxes did 
not have sufficient resources to meet program demand. Just over 2 weeks 
later, more than 2.6 million requests for coupons, representing nearly 
1.5 million American households, have been placed on a waiting list. 
Without an infusion of additional funds for this program, these coupons 
will not be delivered.
  Senator Rockefeller is advocating legislation to postpone the 
upcoming DTV transition date from February 17, 2009, until June 12, 
2009. I am a cosponsor of the Rockefeller bill. The legislation is a 
response to a January 8 letter sent by President Obama's transition 
team co-chairman, John Podesta, which clearly stated the President's 
belief that the DTV transition should be delayed.
  A high percentage of Americans who rely on over the air broadcast 
television are low-income or elderly and do not have the financial 
means to purchase a converter box without a coupon. If these households 
do not have a converter box when the statutorily mandated switch to 
digital television takes place, they will be left without access to 
critical news, information and emergency broadcasts.
  To ensure that every request for a coupon is met, Congress will need 
to appropriate additional funds for the coupon program. I support 
efforts to provide additional funding necessary to cover each and every 
coupon request. I also support making additional funds available for 
the outreach and education efforts that will be necessary to ensure as 
smooth a transition as possible. In the coming weeks, the Senate will 
consider economic stimulus legislation, and I hope this additional 
funding will be included in this bill. Before we reach that point 
however, it is imperative that Congress delays the transition date so 
consumers currently on the waiting list have sufficient time to receive 
and redeem their coupons.
  There is no question that delaying the date will come with 
considerable cost to some parties. The Nation's broadcasters and cable 
operators have made considerable efforts to educate the public as to 
the current date, and these efforts should be commended. A delayed 
transition date will undoubtedly result in some increased cost to those 
responsible for facilitating the transition. I am also aware that 
licenses have been granted to operate in this spectrum after the 
transition date. These licenses were issued to the winning bidders in 
last year's 700 MHz spectrum auction, which resulted in nearly $20 
billion in Federal revenues. Additionally, public safety organizations 
across the country have been issued licenses to operate in portions of 
the spectrum following the February 17 statutory transition date. 
Congress, NTIA, and the Federal Communications Commission, FCC, should 
work to mitigate economic injury wherever possible for all parties 
involved in the ongoing effort to execute a smooth transition.
  I also agree with Ranking Member Hutchison's proposed changes to the 
chairman's legislation, which would permit the NTIA to reissue expired 
coupons that go unused, extend the term of auctioned licenses by 116 
days, and clarify broadcasters' ability to transition to digital-only 
transmission early, as well as the ability for public safety entities 
to have access to narrowband channels prior to the new deadline. These 
are important changes that will help to make the transition go 
smoothly.
  I urge all of my colleagues to support the DTV Delay Act.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that a 
Rockefeller-Hutchison substitute amendment, which is at the desk, be 
agreed to; the bill, as amended, be read a third time and passed; the 
motions to reconsider be laid upon the table, with no intervening 
action or debate; and that any statements related to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 38) was agreed to, as follows:

             (Purpose: To postpone the DTV transition date)

       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--
       (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

[[Page 1495]]

     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.

  The bill (S. 328), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. ROCKEFELLER. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________