PUBLIC LAW 110–459—DEC. 23, 2008 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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 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 

Deadline. 

Short-term 

Analog Flash 

and Emergency 

Readiness Act. 

47 USC 309 note. 

Dec. 23, 2008 

[S. 3663] 


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122 STAT. 5122 PUBLIC LAW 110–459—DEC. 23, 2008 

LEGISLATIVE HISTORY—S. 3663: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Nov. 20, considered and passed Senate. 

Dec. 10, considered and passed House. 

Æ 

(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. 


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