S. 352 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To postpone the DTV transition date. 

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 ‘‘DTV Delay Act’’. 

SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE. 

(a) IN GENERAL.—Section 3002(b) of the Digital Television 

Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) 

is amended— 

(1) by striking ‘‘February 18, 2009;’’ in paragraph (1) and 

inserting ‘‘June 13, 2009;’’; and 

(2) by striking ‘‘February 18, 2009,’’ in paragraph (2) and 

inserting ‘‘that date’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) 

is amended by striking ‘‘February 17, 2009.’’ and inserting 

‘‘June 12, 2009.’’. 

(2) Section 309(j)(14)(A) of the Communications Act of 1934 

(47 U.S.C. 309(j)(14)(A)) is amended by striking ‘‘February 17, 

2009.’’ and inserting ‘‘June 12, 2009.’’. 

(3) Section 337(e)(1) of the Communications Act of 1934 

(47 U.S.C. 337(e)(1)) is amended by striking ‘‘February 17, 

2009.’’ and inserting ‘‘June 12, 2009.’’. 

(c) LICENSE TERMS.— 

(1) EXTENSION.—The Federal Communications Commission 

shall extend the terms of the licenses for the recovered spectrum, including the license period and construction requirements associated with those licenses, for a 116-day period. 

(2) DEFINITION.—In this subsection, the term ‘‘recovered 

spectrum’’ means— 

(A) the recovered analog spectrum, as such term is 

defined in section 309(j)(15)(C)(vi) of the Communications 

Act of 1934; and 

(B) the spectrum excluded from the definition of recovered analog spectrum by subclauses (I) and (II) of such 

section. 

SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM. 

(a) EXTENSION OF COUPON PROGRAM.—Section 3005(c)(1)(A) of 

the Digital Television Transition and Public Safety Act of 2005 
S. 352—2 

(47 U.S.C. 309 note) is amended by striking ‘‘March 31, 2009,’’ 

and inserting ‘‘July 31, 2009,’’. 

(b) TREATMENT OF EXPIRED COUPONS.—Section 3005(c)(1) of 

the Digital Television Transition and Public Safety Act of 2005 

(47 U.S.C. 309 note) is amended by adding at the end the following: 

‘‘(D) EXPIRED COUPONS.—The Assistant Secretary may 

issue to a household, upon request by the household, one 

replacement coupon for each coupon that was issued to 

such household and that expired without being redeemed.’’. 

(c) CONFORMING AMENDMENT.—Section 3005(c)(1)(A) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 

309 note) is amended by striking ‘‘receives, via the United States 

Postal Service,’’ and inserting ‘‘redeems’’. 

(d) CONDITION OF MODIFICATIONS.—The amendments made by 

this section shall not take effect until the enactment of additional 

budget authority after the date of enactment of this Act to carry 

out the analog-to-digital converter box program under section 3005 

of the Digital Television Transition and Public Safety Act of 2005. 

SEC. 4. IMPLEMENTATION. 

(a) PERMISSIVE EARLY TERMINATION UNDER EXISTING REQUIREMENTS.—Nothing in this Act is intended to prevent a licensee of 

a television broadcast station from terminating the broadcasting 

of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to 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 (as amended by section 2 of this Act) so long as such 

prior termination is conducted in accordance with the Federal 

Communications Commission’s requirements in effect on the date 

of enactment of this Act, including the flexible procedures established in the Matter of Third Periodic Review of the Commission’s 

Rules and Policies Affecting the Conversion to Digital Television 

(FCC 07–228, MB Docket No. 07–91, released December 31, 2007). 

(b) PUBLIC SAFETY RADIO SERVICES.—Nothing in this Act, or 

the amendments made by this Act, shall prevent a public safety 

service licensee from commencing operations consistent with the 

terms of its license on spectrum recovered as a result of the voluntary cessation of broadcasting in the analog or digital television 

service pursuant to subsection (a). Any such public safety use 

shall be subject to the relevant Federal Communications Commission rules and regulations in effect on the date of enactment of 

this Act, including section 90.545 of the Commission’s rules (47 

C.F.R. § 90.545). 

(c) EXPEDITED RULEMAKING.—Notwithstanding any other provision of law, the Federal Communications Commission and the 

National Telecommunications and Information Administration 

shall, not later than 30 days after the date of enactment of this 

Act, each adopt or revise its rules, regulations, or orders or take 

such other actions as may be necessary or appropriate to implement 

the provisions, and carry out the purposes, of this Act and the 

amendments made by this Act. 
S. 352—3 

SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY. 

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

309(j)(11)) is amended by striking ‘‘2011.’’ and inserting ‘‘2012.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.