[110th Congress Public Law 459]
[From the U.S. Government Printing Office]


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[[Page 122 STAT. 5121]]

Public Law 110-459
110th Congress

                                 An Act


 
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. <<NOTE: Dec. 23, 2008 -  [S. 3663]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Short-term 
Analog Flash and Emergency Readiness Act. 47 USC 309 note.>> 

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 <<NOTE: Deadline.>> 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--
            (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

[[Page 122 STAT. 5122]]

            (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).

    Approved December 23, 2008.

LEGISLATIVE HISTORY--S. 3663:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
            Nov. 20, considered and passed Senate.
            Dec. 10, considered and passed House.

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