110TH CONGRESS

2D SESSION S. 3663

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.

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 ‘‘Short-term Analog

5 Flash and Emergency Readiness Act’’.
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S 3663 ES

1 SEC. 2. COMMISSION ACTION REQUIRED.

2 (a) PROGRAM REQUIRED.—Notwithstanding any

3 other provision of law, the Federal Communications Com4 mission shall, not later than January 15, 2009, develop

5 and implement a program to encourage and permit, to the

6 extent technically feasible and subject to such limitations

7 as the Commission finds to be consistent with the public

8 interest and the requirements of this Act, the broadcasting

9 in the analog television service of only the public safety

10 information and digital transition information specified in

11 subsection (b) during the 30-day period beginning on the

12 day after the date established by law under section

13 3002(b) of the Digital Television Transition and Public

14 Safety Act of 2005 for termination of all licenses for full15 power television stations in the analog television service

16 and the cessation of broadcasting by full-power stations

17 in the analog television service.

18 (b) INFORMATION REQUIRED.—The program re19 quired by subsection (a) shall provide for the broadcast

20 of—

21 (1) emergency information, including critical

22 details regarding the emergency, as broadcast or re23 quired to be broadcast by full-power stations in the

24 digital television service;
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1 (2) information, in both English and Spanish,

2 and accessible to persons with disabilities,

3 concerning—

4 (A) the digital television transition, includ5 ing the fact that a transition has taken place

6 and that additional action is required to con7 tinue receiving television service, including

8 emergency notifications; and

9 (B) the steps required to enable viewers to

10 receive such emergency information via the dig11 ital television service and to convert to receiving

12 digital television service, including a phone

13 number and Internet address by which help

14 with such transition may be obtained in both

15 English and Spanish; and

16 (3) such other information related to consumer

17 education about the digital television transition or

18 public health and safety or emergencies as the Com19 mission may find to be consistent with the public in20 terest.

21 SEC. 3. LIMITATIONS.

22 In designing the program required by this Act, the

23 Commission shall—
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1 (1) take into account market-by-market needs,

2 based upon factors such as channel and transmitter

3 availability;

4 (2) ensure that broadcasting of the program

5 specified in section 2(b) will not cause harmful inter6 ference with signals in the digital television service;

7 (3) not require the analog television service sig8 nals broadcast under this Act to be retransmitted or

9 otherwise carried pursuant to section 325(b), 338,

10 339, 340, 614, or 615 of the Communications Act

11 of 1934 (47 U.S.C. 325(b), 338, 339, 340, 614, or

12 615);

13 (4) take into consideration broadcasters’ digital

14 power levels and transition and coordination plans

15 that already have been adopted with respect to cable

16 systems and satellite carriers’ systems;

17 (5) prohibit any broadcast of analog television

18 service signals under section 2(b) on any spectrum

19 that is approved or pending approval by the Com20 mission to be used for public safety radio services,

21 including television channels 14-20; and

22 (6) not include the analog spectrum between

23 channels 52 and 69, inclusive (between frequencies

24 698 and 806 megahertz, inclusive) reclaimed from

25 analog television broadcasting pursuant to section
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1 309(j) of the Communications Act of 1934 (47

2 U.S.C. 309(j)).

3 SEC. 4. DEFINITIONS.

4 As used in this Act, the term ‘‘emergency informa5 tion’’ has the meaning such term has under part 79 of

6 the regulations of the Federal Communications Commis7 sion (47 C.F.R. part 79).

Passed the Senate November 20, 2008.

Attest:

Secretary.
110TH CONGRESS

2D SESSION S. 3663

AN ACT

To provide for the short-term partial extension of

analog broadcasting.