S. 3663

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

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
S. 3663—2

(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).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.