I 

110TH CONGRESS 

2D SESSION H. R. 5435 

To address the digital television transition in border states. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2008 

Ms. SOLIS (for herself, Mr. RODRIGUEZ, and Mrs. CAPPS) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To address the digital television transition in border states. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DTV Border Fix Act’’. 

5 SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG 

6 COMMON BORDER WITH MEXICO. 

7 Section 309(j)(14) of the Communications Act of 

8 1934 (47 U.S.C. 309(j)(14)) is amended by adding at the 

9 end the following: 

10 ‘‘(D) CONTINUATION OF ANALOG BROAD11 CASTING ALONG COMMON BORDER WITH MEX12 ICO.— 

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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of this section, any tel3 evision station that has been granted a 

4 full-power television broadcast license that 

5 authorizes analog television service prior to 

6 February 17, 2009, that is licensed by the 

7 Commission to serve communities located 

8 within 50 miles of the United States com9 mon border with Mexico, and that can es10 tablish to the satisfaction of the Commis11 sion that such station’s continued broad12 casting of television service in analog is in 

13 the public interest, shall during the period 

14 beginning on the date of enactment of the 

15 DTV Border Fix Act, and ending Feb16 ruary 17, 2014— 

17 ‘‘(I) be entitled to the renewal of 

18 such station’s television broadcast li19 cense authorizing analog television 

20 service; and 

21 ‘‘(II) operate such television serv22 ice on a channel between 2 and 51. 

23 ‘‘(ii) CONDITIONS.—The rights, privi24 leges, and obligations described under 

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1 clause (i) shall only be extended if the fol2 lowing requirements are satisfied: 

3 ‘‘(I) Any channel used for the 

4 distribution of analog television serv5 ice shall not— 

6 ‘‘(aa) prevent the auction of 

7 recovered spectrum pursuant to 

8 paragraph (15); 

9 ‘‘(bb) prevent the use of re10 covered spectrum for any public 

11 safety service pursuant to section 

12 337(a)(1); and 

13 ‘‘(cc) encumber or interfere 

14 with any channel reserved for 

15 public safety use, as such chan16 nels are designated in ET Docket 

17 No. 97–157. 

18 ‘‘(II) Each station described in 

19 clause (i) operates on its assigned 

20 analog channel, as of February 16, 

21 2009, if such channel— 

22 ‘‘(aa) is between 2 and 51; 

23 ‘‘(bb) has not previously 

24 been assigned to such station or 

25 any another station for digital 

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1 operation after the digital transi2 tion required under subparagraph 

3 (A); and 

4 ‘‘(cc) could be used by such 

5 station for broadcasting analog 

6 television service after the digital 

7 transition required under sub8 paragraph (A) without causing 

9 interference to any previously au10 thorized digital television sta11 tions. 

12 ‘‘(III) If such station does not 

13 meet the requirements under sub14 clause (II) for operation on its as15 signed analog channel, as of February 

16 16, 2009, such station may request, 

17 and the Commission shall promptly 

18 act upon such request, to be assigned 

19 a new channel for broadcasting analog 

20 television service, provided that such 

21 newly requested channel shall— 

22 ‘‘(aa) be between channels 2 

23 and 51; and 

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1 ‘‘(bb) allow such station to 

2 operate on a primary basis with3 out causing interference to— 

4 ‘‘(AA) any other analog 

5 or digital television station; 

6 or 

7 ‘‘(BB) any station li8 censed to operate in any 

9 other radio service that also 

10 operates on channels be11 tween 2 and 51. 

12 ‘‘(iii) MUTUALLY EXCLUSIVE APPLICA13 TIONS.—If mutually exclusive applications 

14 are submitted for the right to use a chan15 nel in order to broadcast analog television 

16 service pursuant to this subparagraph, the 

17 Commission shall— 

18 ‘‘(I) award the authority to use 

19 such channel for such purpose 

20 through the application of the proce21 dures established under this section; 

22 and 

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1 ‘‘(II) give due consideration to 

2 any resolution procedures established 

3 by the Commission.’’. 

Æ 

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