A bill to postpone the DTV transition date.

Summary: DTV Delay Act - Amends the Digital Television Transition and Public Safety Act of 2005 to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the license period and construction requirements associated with those licenses.

Extends to July 31, 2009, the deadline for requesting digital-to-analog converter box coupons. Authorizes the issuance, on request, of one replacement coupon for each coupon that expired without being redeemed.

Declares that this Act does not prevent a station from ending analog broadcasting (and continuing to broadcast exclusively digitally) before June 13, 2009.

 Requires the FCC to permit the use, for authorized public safety radio services, of certain spectrum cleared as a result of a television station ceasing to broadcast analog signals before June 12, 2009, provided the FCC determines that such use does not cause harmful interference to full-power analog or digital television stations.

Amends the Communications Act of 1934 to extend through September 30, 2012 (under current law, September 30, 2011), the authority of the FCC to grant a license or permit under provisions relating to competitive bidding.

Designates the amounts made available by this Act as an emergency requirement and necessary to meet emergency needs under the concurrent resolutions on the budget for FY2008-2009.

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 
                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.

            Passed the Senate January 26, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                 S. 328

_______________________________________________________________________

                                 AN ACT

                  To postpone the DTV transition date.