U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–348 

Calendar No. 774 

TECHNICAL CORRECTION TO THE DEFICIT 

REDUCTION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2607 

JUNE 10, 2008.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 

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Calendar No. 774 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–348 

TECHNICAL CORRECTION TO THE DEFICIT REDUCTION 

ACT 

JUNE 10, 2008.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2607] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2607) to make a technical correction 

to section 3009 of the Deficit Reduction Act of 2005, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2607 is to accelerate the transition to digital 

television for low-power broadcasting facilities. 

BACKGROUND AND NEEDS

The Digital Television Transition and Public Safety Act of 2005 

(DTV Act), enacted as part of the Deficit Reduction Act of 2005, set 

February 17, 2009, as the deadline for the digital television transition. By this date, full-power broadcasters must return their analog 

spectrum and broadcast exclusively digital transmissions. However, 

low-power broadcasting facilities have no corresponding statutory 

obligation to switch to digital signals. As a result, more than 7,000 

low-power broadcasting facilities in the United States may continue 

to broadcast in analog after February 17, 2009. 

The DTV Act created two funds to assist low-power facilities with 

the digital transition. Four types of facilities are recognized as eligible for this assistance: Low-power television (LPTV) stations, 

Class A television stations, translators, and boosters. These facilities fall into two categories. First, there are translator and booster 

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stations. Translator and booster stations are repeaters that take a 

broadcast signal and transmit it again, thereby extending the 

range of the original broadcast signal. In rural areas, particularly 

in the western half of the United States, translators are used to 

lengthen the reach of many television broadcast stations. Consumers receiving over-the-air signals today via a booster or translator may be unaware that that some or all of their broadcast signals are provided over this kind of architecture. 

Second, there are low-power television stations and Class A television stations. In 1982, the Federal Communications Commission 

(FCC) created low-power television service, allowing communityoriented television stations to broadcast over a small area. LPTV 

stations are operated by diverse groups and organizations, including high schools, colleges, religious groups, local governments, and 

individuals. The actual distance at which these stations can be 

viewed depends on a variety of factors, including regional topography, antenna height, and transmitter power. These stations have 

secondary spectrum priority. This means that they must not cause 

interference to the reception of existing or future full-power stations, must accept interference from full-power stations, and must 

yield to new full-power stations, where interference occurs. Class A 

stations are low-power stations but with primary spectrum status. 

In exchange for receiving this status, these stations must broadcast 

locally-produced programming for a set number of hours a day. 

The first DTV Act fund directs the National Telecommunications 

and Information Agency (NTIA) to spend up to $10 million to implement a digital-to-analog conversion program for low-power facilities. This program is helpful for translator stations that wish to remain in analog following the transition. With a digital-to-analog 

conversion device, these facilities can convert the incoming digital 

signals of their corresponding full-power television station to analog format for retransmission on the translator’s analog channel. 

Under the terms of the DTV Act, these funds are presently available to eligible stations that apply to the NTIA. The second DTV Act fund directs the NTIA to spend up to $65 

million to implement a program through which low-power facilities 

can receive reimbursement for digital equipment upgrades. This 

program will provide low-power stations with reimbursement for 

upgrades of their facilities from analog to digital, which would 

allow a low-power station to broadcast in digital. Under current 

law, these funds are not available until October 1, 2010, roughly 

20 months after the transition. In addition, a technical error in the 

DTV Act directs payment to be made in fiscal year (FY) 2009, but 

separately does not permit payments until FY 2010. S. 2607 would 

change the date in the DTV Act that these funds are available to 

February 18, 2009. In addition, the bill ensures that these funds 

will be available for a longer period following the transition to reflect the rolling timeframe during which these facilities are expected to convert to digital. 

LEGISLATIVE HISTORY

On February 7, 2008, Senator Snowe introduced S. 2607. Senators Stevens, Cantwell, McCaskill, and Smith are co-sponsors. On 

April 8, 2008, the Committee held an oversight hearing on the digital television transition. On April 24, 2008, the Committee held an 

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executive session at which S. 2607 was considered. The bill, without amendment, was approved by voice vote. 

Staff assigned to this legislation are Jessica Rosenworcel, Democratic Senior Communications Counsel, Alex Hoehn-Saric, Democratic Communications Counsel, and Paul Nagle, Republican Chief 

Counsel. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 5, 2008. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2607, a bill to make a technical correction to section 3009 of the Deficit Reduction Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

S. 2607—A bill to make a technical correction to section 3009 of the 

Deficit Reduction Act of 2005 

Under current law, the National Telecommunications and Information Administration (NTIA) is authorized to reimburse certain 

low-power television stations in fiscal year 2009 for their costs to 

upgrade analog equipment to broadcast digital signals. The payments are to be made from spectrum auction proceeds deposited in 

the Digital Television Transition and Public Safety Fund. 

S. 2607 would extend NTIA’s authority to make those reimbursements through fiscal year 2012 and amend contradictory direction 

in current law regarding when such payments would start. Under 

current law, CBO assumes that those payments would be made 

over the next few years. Based on information from NTIA, CBO estimates that enacting S. 2607 would not change the agency’s anticipated spending patterns, and thus would have no effect on direct 

spending. Enacting the bill would not affect revenues or spending 

subject to appropriation. 

S. 2607 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Susan Willie. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

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REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The number of persons covered by this legislation would be consistent with current levels of individuals affected. 

ECONOMIC IMPACT

S. 2607 would have a positive impact on the nation’s economy by 

facilitating the transition to digital television for low-power broadcasters. 

PRIVACY

S. 2607 is not expected to have an adverse effect on the personal 

privacy of any individuals that will be impacted by this legislation. 

PAPERWORK

S. 2607 would have minimal impact on current paperwork levels. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provision of 

the reported bill meets the definition of congressionally directed 

spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

S. 2607 would amend Section 3009(a) of the Deficit Reduction Act 

of 2005 to: (1) Extend payments under the Low-Power Television 

and Translator Upgrade Program through fiscal year 2012; and (2) 

allow low power broadcasters to receive upgrade funds beginning 

February 18, 2009. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE III—DIGITAL TELEVISION TRANSITION AND PUBLIC 

SAFETY 

PUBLIC LAW 109–171

SEC. 3009. LOW-POWER TELEVISION AND TRANSLATOR UPGRADE PROGRAM. 

(a) ESTABLISHMENT.—The Assistant Secretary shall make payments of not to exceed $65,000,000, in the aggregate, during øfiscal 

year 2009¿ fiscal years 2009 through 2012; and from the Digital 

Television Transition and Public Safety Fund established under 

section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 

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309(j)(8)(E)) to implement and administer a program through 

which each licensee of an eligible low-power television station may 

receive reimbursement for equipment to upgrade low-power television stations from analog to digital in eligible rural communities, 

as that term is defined in section 610(b)(2) of the Rural Electrification Act of 1937 (7 U.S.C. 950bb(b)(2)). Such reimbursements shall 

be issued to eligible stations øno earlier than October 1, 2010¿ on 

or after February 18, 2009. Priority reimbursements shall be given 

to eligible low-power television stations in which the license is held 

by a non-profit corporation and eligible low-power television stations that serve rural areas of fewer than 10,000 viewers. 

(b) ELIGIBLE STATIONS.—For purposes of this section, the term 

‘‘eligible low-power television station’’ means a low-power television 

broadcast station, Class A television station, television translator 

station, or television booster station— 

(1) that is itself broadcasting exclusively in analog format; 

and 

(2) that has not converted from analog to digital operations 

prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005. 

Æ 

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