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[Congressional Record Volume 154, Number 177 (Thursday, November 20, 2008)]
[Senate]
[Pages S10769-S10771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

          SHORT-TERM ANALOG FLASH AND EMERGENCY READINESS ACT

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of S. 3663 and the 
Senate proceed to its consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3663) to require the Federal Communications 
     Commission to provide for a short-term extension of the 
     analog television

[[Page S10770]]

     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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. ROCKEFELLER. Mr. President, I rise today to discuss a very 
important change that is set to occur all across America on February 
17, 2009: The final switch from analog to digital broadcast television 
called the DTV, or Digital TV, Transition.
  In many respects this is not a new issue. The wheels have been in 
motion on this change since 2005--spurred by the horrible tragedy of 
September 11th which starkly highlighted our desperate need for a 
national, interoperable communications network. The transition to 
digital TV will free up spectrum for public safety use so the national 
emergency communications network America needs can be put in place.
  But there have been serious concerns about our readiness to make the 
shift to digital TV, and several of my colleagues and I have been 
raising red flags about them for years now. Not because we believe the 
change is a mistake, but because we believe that not enough has been 
done to prepare, to educate, and to help American consumers so that the 
screens on their television sets do not go black 88 days from now.
  What is the change from analog to digital broadcast? Over-the-air 
broadcasters will send their signal over digital spectrum, not analog 
spectrum that is currently used. The change won't affect consumers with 
cable or satellite TV or those who have a converter box for their older 
analog TV set. And the switch to digital will improve the definition 
and clarity of the TV picture.
  Why are we making this change? Primarily to modernize our airwaves 
and use the more efficient digital spectrum for a smarter use of our 
limited spectrum resources for the public good. The change will, again, 
free up critically needed spectrum so that we can move toward the 
nationally interoperable public safety communications network we need. 
It will also allow over-the-air broadcasters to offer new and 
innovative programming and provide new spectrum for wireless 
technologies.
  The DTV Act was enacted as part of the Deficit Reduction Act of 2005. 
It directs the Federal Communications Commission, FCC, to require all 
full power television stations to cease analog broadcasting following 
February 17, 2009. That day is 88 days from now. What this means--and 
let me be very clear--is that any consumer with traditional analog 
televisions--regular TV sets that use an antenna to get a signal--will 
not be able to watch free, over-the-air television without taking one 
of three steps to adapt their TV to receive a digital signal. The most 
common and least expensive way that consumers can adapt their TV will 
be to buy a digital-to-analog converter box to hook up to their analog 
television set. While seemingly a highly technical issue to some, this 
is no small matter to the 10-13 million Americans who might well lose 
their TV signal on February 18th of next year.
  I firmly believe that our Nation is not ready to make this transition 
without substantially more involvement from every level of government, 
the entire communications industry, and willing community organizations 
across America. At present, most experts agree that the transition will 
unleash a massive amount of consumer confusion. And when people are cut 
off from their televisions, it is not just a matter of convenience, but 
it is a matter of public safety. We simply cannot stand by and let 
people lose access to emergency alerts and public safety 
communications.
  I am especially concerned because this transition is going to hit our 
most vulnerable citizens--the poor, the elderly, the disabled, and 
those with language barriers--the hardest. We risk leaving those who 
are most reliant on over-the-air broadcast television for their contact 
with the outside world literally in the dark. These consumers are 
disproportionately rural.
  In 2005, the outgoing administration and its proponents decided to 
leave almost all of the implementation of the transition to the private 
sector--broadcasters, cable and satellite companies, and consumer 
electronics retailers. While there are claims that hundreds of millions 
of private sector dollars have been spent making Americans aware of the 
DTV transition, it seems that most Americans have no idea what it 
really is even if they have heard of it. New surveys suggest more 
consumers are growing aware of the transition, but that consumers 
remain confused about what steps they need to take to get ready for it. 
Consumer Reports has found that 63 percent have major misconceptions 
about what steps they need to take to prepare.
  The recent DTV transition test market of Wilmington, NC demonstrated 
that, even with extraordinary levels of outreach, some still did not 
know anything about the DTV transition. I would note that Wilmington 
received far more attention than any market in West Virginia is likely 
to receive, or any other part of the country for that matter.
  Even in the test market, several thousand people called into the FCC 
for assistance--they could not set up their converter box, they could 
not receive certain digital signals, or their antennae needed 
adjustment--just to name a few of the problems. Consumers, especially 
the elderly and those with limited English proficiency, are going to 
need help in managing the transition. On February 18, 2009, those 
thousands of calls will become millions.
  There is no question the transition to DTV could have and should have 
been far better managed and far better planned. But at this point, we 
must focus on fixing it, not laying blame.
  Last night, I asked unanimous consent for the Senate to take up S. 
3663, the Short-term Analog Flash and Emergency Readiness Act, as 
amended. This piece of legislation will help make sure those consumers 
who fail to make the DTV transition by February 17, 2009 are not left 
without access to emergency information. This bill will also allow 
those consumers to understand what steps they need to take in order to 
restore their television signals by allowing an analog signal to 
continue to be broadcast in each regional market for an additional 30 
days past February 17th.
  Let me be clear: This bill is far from a silver bullet that will fix 
all the problems associated with the transition.
  I can assure my colleagues that the new Democratic leadership in 
Congress and the White House is committed to protecting the American 
consumer. Over the next few months, I will work with my colleagues on a 
more comprehensive plan of action to make sure millions of Americans 
receive the support and assistance they need to make this transition.
  Mr. DORGAN. Mr. President, I ask unanimous consent that a Rockefeller 
substitute amendment which is at the desk be agreed to; the bill be 
read a third time and passed; the motions to reconsider be laid upon 
the table, with no intervening action or debate; and any statements 
related to the bill be placed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5698) was agreed to, as follows:

  (Purpose: To provide for the short-term partial extension of analog 
                             broadcasting)

     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;

[[Page S10771]]

       (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
       (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).

  The bill (S. 3663), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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