A bill to address the digital television transition in border states.

Summary: DTV Border Fix Act of 2008 - Amends the Communications Act of 1934 to allow the renewal of a full-power analog television broadcasting license through February 17, 2013, for stations located within 50 miles of the U.S. border with Mexico, provided certain requirements are met, including that the renewal does not: (1) prevent the auction of recovered spectrum; (2) encumber or interfere with any channel reserved for public safety use; and (3) prevent the Federal Communications Commission (FCC) from considering or granting a request for waiver submitted for public safety service prior to enactment of this Act.

Requires the FCC, if mutually exclusive applications are submitted to use a channel under the amendments made by this Act, to award the authority to use the channel through competitive bidding under existing procedures.

Prohibits the FCC from extending or renewing a full-power television broadcast license that authorizes analog service on or after February 17, 2013.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DTV Border Fix Act of 2008''.

SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH 
              MEXICO.

    Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 
309(j)(14)) is amended by adding at the end the following:
                    ``(D) Continuation of analog broadcasting along 
                common border with mexico.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this section, any television 
                        station that has been granted a full-power 
                        television broadcast license that authorizes 
                        analog television service prior to February 17, 
                        2009, that is licensed by the Commission to 
                        serve communities located within 50 miles of 
                        the United States common border with Mexico, 
                        and that can establish to the satisfaction of 
                        the Commission that such station's continued 
                        broadcasting of television service in analog is 
                        in the public interest, shall during the period 
                        beginning on the date of enactment of the DTV 
                        Border Fix Act of 2008, and ending February 17, 
                        2013--
                                    ``(I) be entitled to the renewal of 
                                such station's television broadcast 
                                license authorizing analog television 
                                service; and
                                    ``(II) operate such television 
                                service on a channel between 2 and 51.
                            ``(ii) Conditions.--The rights, privileges, 
                        and obligations described under clause (i) 
                        shall only be extended if the following 
                        requirements are satisfied:
                                    ``(I) Any channel used for the 
                                distribution of analog television 
                                service shall not--
                                            ``(aa) prevent the auction 
                                        of recovered spectrum pursuant 
                                        to paragraph (15);
                                            ``(bb) prevent the use of 
                                        recovered spectrum for any 
                                        public safety service pursuant 
                                        to section 337(a)(1);
                                            ``(cc) encumber or 
                                        interfere with any channel 
                                        reserved for public safety use, 
                                        as such channels are designated 
                                        in ET Docket No. 97-157; and
                                            ``(dd) prevent the 
                                        Commission from considering or 
                                        granting a request for waiver 
                                        submitted for public safety 
                                        service prior to the date of 
                                        enactment of the DTV Border Fix 
                                        Act of 2008.
                                    ``(II) Each station described in 
                                clause (i) operates on its assigned 
                                analog channel, as of February 16, 
                                2009, if such channel--
                                            ``(aa) is between 2 and 51;
                                            ``(bb) has not previously 
                                        been assigned to such station 
                                        or any another station for 
                                        digital operation after the 
                                        digital transition required 
                                        under subparagraph (A); and
                                            ``(cc) could be used by 
                                        such station for broadcasting 
                                        analog television service after 
                                        the digital transition required 
                                        under subparagraph (A) without 
                                        causing interference to any 
                                        previously authorized digital 
                                        television stations.
                                    ``(III) If such station does not 
                                meet the requirements under subclause 
                                (II) for operation on its assigned 
                                analog channel, as of February 16, 
                                2009, such station may request, and the 
                                Commission shall promptly act upon such 
                                request, to be assigned a new channel 
                                for broadcasting analog television 
                                service, provided that such newly 
                                requested channel shall--
                                            ``(aa) be between channels 
                                        2 and 51; and
                                            ``(bb) allow such station 
                                        to operate on a primary basis 
                                        without causing interference 
                                        to--

                                                    ``(AA) any other 
                                                analog or digital 
                                                television station; or

                                                    ``(BB) any station 
                                                licensed to operate in 
                                                any other radio service 
                                                that also operates on 
                                                channels between 2 and 
                                                51.

                            ``(iii) Mutually exclusive applications.--
                        If mutually exclusive applications are 
                        submitted for the right to use a channel in 
                        order to broadcast analog television service 
                        pursuant to this subparagraph, the Commission 
                        shall--
                                    ``(I) award the authority to use 
                                such channel for such purpose through 
                                the application of the procedures 
                                established under this section; and
                                    ``(II) give due consideration to 
                                any resolution procedures established 
                                by the Commission.
                    ``(E) Limitation on extension of certain 
                licenses.--The commission shall not extend or renew a 
                full-power television broadcast license that authorizes 
                analog television service on or after February 17, 
                2013.''.

            Passed the Senate August 1, 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.