331 
‘‘(ii) $50,000,000 for fiscal year 2008. 
This subsection constitutes budget authority in 
advance of appropriations Acts and represents 
the obligation of the Secretary to provide for 
the payment of amounts provided under this 
subsection. 
‘‘(B) ALLOCATION OF FUNDS.—The Sec-
retary shall specify a method for allocating the 
funds made available under this subsection 
among States. Such method shall provide pref-
erence for States that design programs that 
target health providers that treat significant 
numbers of medicaid beneficiaries. 
‘‘(C) FORM AND MANNER OF PAYMENT.— 
Payment to a State under this subsection shall 
be made in the same manner as other payments 
under section 1903(a). There is no requirement 
for State matching funds to receive payments 
under this subsection. 
‘‘(5) MEDICATION
RISK
MANAGEMENT
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the term ‘medication risk manage-
ment program’ means a program for targeted 
beneficiaries that ensures that covered out-
332 
patient drugs are appropriately used to opti-
mize therapeutic outcomes through improved 
medication use and to reduce the risk of ad-
verse events. 
‘‘(B) ELEMENTS.—Such program may in-
clude the following elements: 
‘‘(i) The use of established principles 
and standards for drug utilization review 
and best practices to analyze prescription 
drug claims of targeted beneficiaries and 
identify outlier physicians. 
‘‘(ii) On an ongoing basis provide 
outlier physicians— 
‘‘(I) a comprehensive pharmacy 
claims history for each targeted bene-
ficiary under their care; 
‘‘(II) information regarding the 
frequency and cost of relapses and 
hospitalizations 
of 
targeted 
bene-
ficiaries under the physician’s care; 
and 
‘‘(III) applicable best practice 
guidelines and empirical references. 
‘‘(iii) Monitor outlier physician’s pre-
scribing, such as failure to refill, dosage
333 
strengths, and provide incentives and in-
formation to encourage the adoption of 
best clinical practices. 
‘‘(C) 
TARGETED
BENEFICIARIES.—For 
purposes of this paragraph, the term ‘targeted 
beneficiaries’ means medicaid eligible bene-
ficiaries who are identified as having high pre-
scription drug costs and medical costs, such as 
individuals with behavioral disorders or multiple 
chronic diseases who are taking multiple medi-
cations.’’. 
SEC. 3144. ENHANCING THIRD PARTY IDENTIFICATION AND 
PAYMENT. 
(a) CLARIFICATION OF THIRD PARTIES LEGALLY 
RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH 
CARE ITEM OR SERVICE.—Section 1902(a)(25) of the So-
cial Security Act (42 U.S.C. 1396a(a)(25)) is amended— 
(1) in subparagraph (A), in the matter pre-
ceding clause (i)— 
(A) by inserting ‘‘, including self-insured 
plans’’ after ‘‘health insurers’’; and 
(B) by striking ‘‘and health maintenance 
organizations’’ and inserting ‘‘health mainte-
nance organizations, pharmacy benefit man-
agers, or other parties that are, by statute, con-
334 
tract, or agreement, legally responsible for pay-
ment of a claim for a health care item or serv-
ice’’; and 
(2) in subparagraph (G)— 
(A) by inserting ‘‘a self-insured plan,’’ 
after ‘‘1974,’’; and 
(B) by striking ‘‘and a health maintenance 
organization’’ and inserting ‘‘a health mainte-
nance organization, a pharmacy benefit man-
ager, or other party that is, by statute, con-
tract, or agreement, legally responsible for pay-
ment of a claim for a health care item or serv-
ice’’. 
(b) REQUIREMENT FOR THIRD PARTIES TO PROVIDE 
THE STATE WITH COVERAGE ELIGIBILITY AND CLAIMS 
DATA.—Section 1902(a)(25) of such Act (42 U.S.C. 
1396a(a)(25)) is amended— 
(1) in subparagraph (G), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (H), by adding ‘‘and’’ after 
the semicolon at the end; and 
(3) by inserting after subparagraph (H), the 
following: 
‘‘(I) that the State shall provide assur-
ances satisfactory to the Secretary that the
335 
State has in effect laws requiring health insur-
ers, including self-insured plans, group health 
plans (as defined in section 607(1) of the Em-
ployee Retirement Income Security Act of 
1974), service benefit plans, health maintenance 
organizations, pharmacy benefit managers, or 
other parties that are, by statute, contract, or 
agreement, legally responsible for payment of a 
claim for a health care item or service, as a 
condition of doing business in the State, to— 
‘‘(i) provide eligibility and claims pay-
ment data with respect to an individual 
who is eligible for, or is provided, medical 
assistance under the State plan, upon the 
request of the State; 
‘‘(ii) accept the subrogation of the 
State to any right of an individual or other 
entity to payment from the party for an 
item or service for which payment has been 
made under the State plan; 
‘‘(iii) respond to any inquiry by the 
State regarding a claim for payment for 
any health care item or service submitted 
not later than 3 years after the date of the
336 
provision of such health care item or serv-
ice; and 
‘‘(iv) agree not to deny a claim sub-
mitted by the State solely on the basis of 
the date of submission of the claim;’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
take effect on January 1, 2006. 
(2) DELAYED EFFECTIVE DATE.—In the case 
of a State plan under title XIX of the Social Secu-
rity Act which the Secretary determines requires 
State legislation in order for the plan to meet the 
additional requirements imposed by the amendments 
made by this section, the State plan shall not be re-
garded as failing to comply with the requirements of 
such Act solely on the basis of its failure to meet 
these additional requirements before the first day of 
the first calendar quarter beginning after the close 
of the first regular session of the State legislature 
that begins after the date of enactment of this Act. 
For purposes of the previous sentence, in the case 
of a State that has a 2-year legislative session, each 
year of the session shall be considered to be a sepa-
rate regular session of the State legislature.
337 
SEC. 3145. IMPROVED ENFORCEMENT OF DOCUMENTATION 
REQUIREMENTS. 
(a) IN GENERAL.—Section 1903 of the Social Secu-
rity Act (42 U.S.C. 1396b) is amended— 
(1) in subsection (i), as amended by section 104 
of Public Law 109–91— 
(A) by striking the period at the end of 
paragraph (21) and inserting ‘‘; or’’; and 
(B) by inserting after paragraph (21) the 
following new paragraph: 
‘‘(22) with respect to amounts expended for 
medical assistance for an individual who declares 
under section 1137(d)(1)(A) to be a citizen or na-
tional of the United States for purposes of estab-
lishing eligibility for benefits under this title, unless 
the requirement of subsection (z) is met.’’; and 
(2) by adding at the end, as amended by sec-
tions 3123 and 3143, the following new subsection: 
‘‘(z)(1) For purposes of subsection (i)(22), the re-
quirement of this subsection is, with respect to an indi-
vidual declaring to be a citizen or national of the United 
States, that, subject to paragraph (2), there is presented 
satisfactory documentary evidence of citizenship or nation-
ality (as defined in paragraph (3)) of the individual.
338 
‘‘(2) The requirement of paragraph (1) shall not 
apply to an alien who is eligible for medical assistance 
under this title— 
‘‘(A) and is entitled to or enrolled for benefits 
under any part of title XVIII; 
‘‘(B) on the basis of receiving supplemental se-
curity income benefits under title XVI; or 
‘‘(C) on such other basis as the Secretary may 
specify under which satisfactory documentary evi-
dence of citizenship or nationality had been pre-
viously presented. 
‘‘(3)(A) For purposes of this subsection, the term 
‘satisfactory documentary evidence of citizenship or na-
tionality’ means— 
‘‘(i) any document described in subparagraph 
(B); or 
‘‘(ii) a document described in subparagraph (C) 
and a document described in subparagraph (D). 
‘‘(B) The following are documents described in this 
subparagraph: 
‘‘(i) A United State passport. 
‘‘(ii) Form N–550 or N–570 (Certificate of 
Naturalization). 
‘‘(iii) Form N–560 or N–561 (Certificate of 
United States Citizenship).
339 
‘‘(iv) Such other document as the Secretary 
may specify, by regulation, that provides proof of 
United States citizenship or nationality and that 
provides a reliable means of documentation of per-
sonal identity. 
‘‘(C) The following are documents described in this 
subparagraph: 
‘‘(i) A certificate of birth in the United States. 
‘‘(ii) Form FS–545 or Form DS–1350 (Certifi-
cation of Birth Abroad). 
‘‘(iii) Form I–97 (United States Citizen Identi-
fication Card). 
‘‘(iv) Form FS–240 (Report of Birth Abroad of 
a Citizen of the United States). 
‘‘(v) Such other document (not described in 
subparagraph (B)(iv)) as the Secretary may specify 
that provides proof of United States citizenship or 
nationality. 
‘‘(D) The following are documents described in this 
subparagraph: 
‘‘(i) Any identity document described in section 
274A(b)(1)(D) of the Immigration and Nationality 
Act. 
‘‘(ii) Any other documentation of personal iden-
tity of such other type as the Secretary finds, by
340 
regulation, provides a reliable means of identifica-
tion. 
‘‘(E) A reference in this paragraph to a form includes 
a reference to any successor form.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to determinations of initial eligi-
bility for medical assistance made on or after July 1, 
2006, and to redeterminations of eligibility made on or 
after such date in the case of individuals for whom the 
requirement of section 1903(z) of the Social Security Act, 
as added by such amendments, was not previously met. 
SEC. 3146. REFORMS OF TARGETED CASE MANAGEMENT. 
(a) IN GENERAL.—Section 1915(g) of the Social Se-
curity Act (42 U.S.C. 1396n(g)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) For purposes of this subsection: 
‘‘(A)(i) The term ‘case management services’ 
means services which will assist individuals eligible 
under the plan in gaining access to needed medical, 
social, educational, and other services. 
‘‘(ii) Such term includes the following: 
‘‘(I) Assessment of an eligible individual to 
determine service needs, including activities 
that focus on needs identification, to determine 
the need for any medical, educational, social, or
341 
other services. Such assessment activities in-
clude the following: 
‘‘(aa) Taking client history. 
‘‘(bb) Identifying the needs of the in-
dividual, and completing related docu-
mentation. 
‘‘(cc) Gathering information from 
other sources such as family members, 
medical providers, social workers, and edu-
cators, if necessary, to form a complete as-
sessment of the eligible individual. 
‘‘(II) Development of a specific care plan 
based on the information collected through an 
assessment, that specifies the goals and actions 
to address the medical, social, educational, and 
other services needed by the eligible individual, 
including activities such as ensuring the active 
participation of the eligible individual and work-
ing with the individual (or the individual’s au-
thorized health care decision maker) and others 
to develop such goals and identify a course of 
action to respond to the assessed needs of the 
eligible individual. 
‘‘(III) Referral and related activities to 
help an individual obtain needed services, in-
342 
cluding activities that help link eligible individ-
uals with medical, social, educational providers 
or other programs and services that are capable 
of providing needed services, such as making re-
ferrals to providers for needed services and 
scheduling appointments for the individual. 
‘‘(IV) Monitoring and follow-up activities, 
including activities and contacts that are nec-
essary to ensure the care plan is effectively im-
plemented and adequately addressing the needs 
of the eligible individual, and which may be 
with the individual, family members, providers, 
or other entities and conducted as frequently as 
necessary to help determine such matters as— 
‘‘(aa) whether services are being fur-
nished in accordance with an individual’s 
care plan; 
‘‘(bb) whether the services in the care 
plan are adequate; and 
‘‘(cc) whether there are changes in the 
needs or status of the eligible individual, 
and if so, making necessary adjustments in 
the care plan and service arrangements 
with providers.
343 
‘‘(iii) Such term does not include the direct de-
livery of an underlying medical, educational, social, 
or other service to which an eligible individual has 
been referred, including, with respect to the direct 
delivery of foster care services, services such as (but 
not limited to) the following: 
‘‘(I) Research gathering and completion of 
documentation required by the foster care pro-
gram. 
‘‘(II) Assessing adoption placements. 
‘‘(III) Recruiting or interviewing potential 
foster care parents. 
‘‘(IV) Serving legal papers. 
‘‘(V) Home investigations. 
‘‘(VI) Providing transportation. 
‘‘(VII) Administering foster care subsidies. 
‘‘(VIII) Making placement arrangements. 
‘‘(B) The term ‘targeted case management serv-
ices’ means case management services that are fur-
nished without regard to the requirements of section 
1902(a)(1) and section 1902(a)(10)(B) to specific 
classes of individuals or to individuals who reside in 
specified areas. 
‘‘(3) With respect to contacts with individuals who 
are not eligible for medical assistance under the State plan
344 
or, in the case of targeted case management services, indi-
viduals who are eligible for such assistance but are not 
part of the target population specified in the State plan, 
such contacts— 
‘‘(A) are considered an allowable case manage-
ment activity, when the purpose of the contact is di-
rectly related to the management of the eligible indi-
vidual’s care; and 
‘‘(B) are not considered an allowable case man-
agement activity if such contacts relate directly to 
the identification and management of the noneligible 
or nontargeted individual’s needs and care. 
‘‘(4)(A) In accordance with section 1902(a)(25), Fed-
eral financial participation only is available under this title 
for case management services or targeted case manage-
ment services if there are no other third parties liable to 
pay for such services, including as reimbursement under 
a medical, social, educational, or other program. 
‘‘(B) A State shall allocate the costs of any part of 
such services which are reimbursable under another feder-
ally funded program in accordance with OMB Circular A– 
87 (or any related or successor guidance or regulations 
regarding allocation of costs among federally funded pro-
grams) under an approved cost allocation program.’’.
345 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on January 1, 2006. 
SEC. 3147. EMERGENCY SERVICES FURNISHED BY NON- 
CONTRACT PROVIDERS FOR MEDICAID MAN-
AGED CARE ENROLLEES. 
(a) IN GENERAL.—Section 1932(b)(2) of the Social 
Security Act (42 U.S.C. 1396u–2(b)(2)) is amended by 
adding at the end the following new subparagraph: 
‘‘(D) EMERGENCY
SERVICES
FURNISHED 
BY NON-CONTRACT PROVIDERS.—Any provider 
of emergency services that does not have in ef-
fect a contract with a medicaid managed care 
entity that establishes payment amounts for 
services furnished to a beneficiary enrolled in 
the entity’s medicaid managed care plan must 
accept as payment in full the amounts (less any 
payments for indirect costs of medical education 
and direct costs of graduate medical education) 
that it could collect if the beneficiary received 
medical assistance under this title other than 
through enrollment in such an entity.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on January 1, 2007.
346 
SEC. 3148. ADJUSTMENT IN COMPUTATION OF MEDICAID 
FMAP TO DISREGARD AN EXTRAORDINARY 
EMPLOYER PENSION CONTRIBUTION. 
(a) IN GENERAL.—Only for purposes of computing 
the Federal medical assistance percentage under section 
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) 
for a State for a fiscal year (beginning with fiscal year 
2006), any significantly disproportionate employer pension 
contribution described in subsection (b) shall be dis-
regarded in computing the per capita income of such 
State, but shall not be disregarded in computing the per 
capita income for the continental United States (and Alas-
ka) and Hawaii. 
(b) SIGNIFICANTLY DISPROPORTIONATE EMPLOYER 
PENSION CONTRIBUTION.—For purposes of subsection 
(a), a significantly disproportionate employer pension con-
tribution described in this subsection with respect to a 
State for a fiscal year is an employer contribution towards 
pensions that is allocated to such State for a period if the 
aggregate amount so allocated exceeds 50 percent of the 
total increase in personal income in that State for the pe-
riod involved.
347 
Subtitle B—Katrina Health Care 
Relief 
SEC. 3201. TARGETED MEDICAID RELIEF FOR STATES AF-
FECTED BY HURRICANE KATRINA. 
(a) 100 PERCENT FEDERAL MATCHING PAYMENTS 
FOR MEDICAL ASSISTANCE PROVIDED IN KATRINA IM-
PACTED AREAS.— 
(1) IN
GENERAL.—Notwithstanding section 
1905(b) of the Social Security Act (42 U.S.C. 
1396d(b)), for items and services furnished during 
the period that begins on August 28, 2005, and ends 
on May 15, 2006, the Federal matching rate for 
providing medical assistance for such items and 
services under a State Medicaid plan to any indi-
vidual residing in a Katrina impacted parish or 
county (as defined in subsection (c)(1)) or to a 
Katrina Survivor (as defined in subsection (b)), and 
for costs directly attributable to all administrative 
activities that relate to the provision of such medical 
assistance, shall be 100 percent. 
(2) APPLICATION TO CHILD HEALTH ASSIST-
ANCE.—Notwithstanding section 2105(b) of the So-
cial Security Act (42 U.S.C. 1397ee(b)), for items 
and services furnished during the period described in 
paragraph (1), the Federal matching rate for pro-
348 
viding child health assistance for such items and 
services under a State child health plan under title 
XXI of such Act in a Katrina impacted parish or 
county or to a Katrina Survivor, and for costs di-
rectly attributable to all administrative activities 
that relate to the provision of such child health as-
sistance, shall be 100 percent. 
(b) KATRINA SURVIVOR.—For purposes of subsection 
(a), the term ‘‘Katrina Survivor’’ means an individual 
who, on any day during the week preceding August 28, 
2005, had a primary residence in a major disaster parish 
or county (as defined in subsection (c)). 
(c) DEFINITIONS.—For purposes of this section: 
(1) KATRINA IMPACTED PARISH OR COUNTY.— 
The term ‘‘Katrina impacted parish or county’’ 
means any parish in the State of Louisiana, any 
county in the State of Mississippi, and any major 
disaster parish or county in the State of Alabama. 
(2) MAJOR DISASTER PARISH OR COUNTY.—A 
major disaster parish or county is a parish of the 
State of Louisiana or a county of the State of Mis-
sissippi or Alabama for which a major disaster has 
been declared in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170) as a result of Hur-
349 
ricane Katrina and which the President has deter-
mined, as of September 14, 2005, warrants indi-
vidual assistance from the Federal Government 
under such Act. 
SEC. 3202. STATE HIGH RISK HEALTH INSURANCE POOL 
FUNDING. 
There are hereby authorized and appropriated 
$90,000,000 for fiscal year 2006 for grants under sub-
section (b)(1) of section 2745 of the Public Health Service 
Act (42 U.S.C. 300gg-45). The amount so appropriated 
shall be treated as if it had been appropriated under sub-
section (c)(2) of such section. 
SEC. 3203. RECOMPUTATION OF HPSA, MUA, AND MUP DES-
IGNATIONS WITHIN HURRICANE KATRINA AF-
FECTED AREAS. 
(a) IN GENERAL.—For purposes of the Public Health 
Service Act (42 U.S.C. 201 et seq.), the Secretary of 
Health and Human Services shall conduct a review of all 
Hurricane Katrina disaster areas and, as appropriate tak-
ing into account the lack of availability of health care pro-
viders and services due to Hurricane Katrina— 
(1) shall designate such areas as health profes-
sional shortage areas or medically underserved 
areas; and
350 
(2) shall designate one of more populations of 
each such area as a medically underserved popu-
lation. 
(b) HURRICANE KATRINA DISASTER AREA DE-
FINED.—For purposes of this section, the term ‘‘Hurri-
cane Katrina disaster area’’ means an area for which a 
major disaster has been declared in accordance with sec-
tion 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170) as a result 
of Hurricane Katrina and which the President has deter-
mined, before September 14, 2005, warrants individual 
and public assistance from the Federal Government under 
such Act. 
SEC. 3204. WAIVER OF CERTAIN REQUIREMENTS APPLICA-
BLE TO THE PROVISION OF HEALTH CARE IN 
AREAS IMPACTED BY HURRICANE KATRINA. 
(a) ELIGIBLE AREA.— 
(1) DEFINITION.—In this section, the term ‘‘el-
igible area’’ means an area identified by the Sec-
retary of Health and Human Services pursuant to 
paragraph (2). 
(2) IDENTIFICATION.—Not later than 30 days 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall identify 
areas that—
351 
(A) have been directly impacted by Hurri-
cane Katrina; or 
(B) are located in a State which has ab-
sorbed a significant number of Hurricane 
Katrina evacuees. 
(b) HEALTH CENTERS.—For the purpose of deter-
mining whether an entity located in an eligible area quali-
fies as a health center under section 330 of the Public 
Health Service Act (42 U.S.C. 254b): 
(1) BOARD COMPOSITION.— 
(A) WAIVER.—The Secretary of Health 
and Human Services shall waive any require-
ment that a majority of the governing board of 
the entity be consumers of the entity’s health 
care services. 
(B) RULE OF CONSTRUCTION.—This para-
graph shall not be construed as requiring the 
Secretary of Health and Human Services to 
waive a requirement that the governing board 
of the entity include representation of the con-
sumers of the entity’s health care services. 
(2) MEDICALLY UNDERSERVED POPULATION.— 
(A) DETERMINATION.—At the request of 
the entity, the Secretary of Health and Human 
Services shall determine whether, taking into
352 
consideration any change in population associ-
ated with Hurricane Katrina, the entity serves 
a medically underserved population (as that 
term is defined in section 330(b)(3) of the Pub-
lic Health Service Act (42 U.S.C. 254b(b)(3))). 
(B) DEADLINE.—The Secretary of Health 
and Human Services shall make a determina-
tion under subparagraph (A) not later than 60 
days after the date on which the Secretary re-
ceives the request for the determination. 
(C) 
RESTRICTION.—The 
Secretary 
of 
Health and Human Services shall not make any 
determination under this paragraph on whether 
a population has ceased to qualify as a medi-
cally underserved population under section 330 
of the Public Health Service Act (42 U.S.C. 
254b). 
(3) REQUIRED PRIMARY HEALTH SERVICES.— 
The Secretary of Health and Human Services shall 
waive any requirement for the entity to provide pri-
mary health services described in clause (iii), (iv), or 
(v) of section 330(b)(1) of the Public Health Service 
Act (42 U.S.C. 254b(b)(1)). 
(c) NATIONAL HEALTH SERVICE CORPS.—Notwith-
standing the provisions of subpart II of part D of title
353 
III of the Public Health Service Act (42 U.S.C. 254d et 
seq.) requiring that members of the National Health Serv-
ice Corps be assigned to health professional shortage 
areas, the Secretary of Health and Human Services may 
assign members of the National Health Service Corps to 
any eligible area. 
(d) TERMINATION OF AUTHORITY.—The authority 
vested by this section in the Secretary of Health and 
Human Services and the Secretary of Homeland Security 
shall terminate on the date that is 2 years after enactment 
of this Act. The Secretary of Health and Human Services 
may not grant any waiver under subsection (b)(1) or 
(b)(3) and may not make any assignment of personnel 
under subsection (c), and the Secretary of Homeland Se-
curity may not allow any agreement under subsection (d), 
for a period extending beyond such date. 
SEC. 3205. FMAP HOLD HARMLESS FOR KATRINA IMPACT. 
Notwithstanding any other provision of law, for pur-
poses of titles XIX and XXI of the Social Security Act, 
the Secretary of Health and Human Services in computing 
the Federal medical assistance percentage under section 
1905(b) of such (42 U.S.C. 1396d(b)) for any year after 
2006 for a State that the Secretary determines has a sig-
nificant number of evacuees who were evacuated to, and 
live in, the State as a result of Hurricane Katrina as of
354 
October 1, 2005, the Secretary shall disregard such evac-
uees (and income attributable to such evacuees). 
Subtitle C—Katrina and Rita 
Energy Relief 
SEC. 3301. HURRICANES KATRINA AND RITA ENERGY RE-
LIEF. 
(a) FINDINGS.—The Congress finds the following: 
(1) Hurricanes Katrina and Rita severely dis-
rupted crude oil and natural gas production in the 
Gulf of Mexico. The Energy Information Adminis-
tration estimates that as a result of these two hurri-
canes, the amount of shut in crude oil production 
nearly doubled to almost 1,600,000 barrels per day, 
and the amount of natural gas production shut in 
also doubled to about 8,000,000,000 cubic feet per 
day. The hurricanes also initially shut down most of 
the crude oil refinery capacity in the Gulf of Mexico 
region. These disruptions led to significantly higher 
prices for crude oil, refined oil products, and natural 
gas. 
(2) These production and supply disruptions 
are expected to lead to significantly higher heating 
costs for consumers this winter. The Energy Infor-
mation Administration projects an increase in resi-
dential natural gas heating expenditures of 32 per-
355 
cent to 61 percent over last winter, with the Midwest 
seeing the largest increase. Winter heating oil ex-
penditures are projected to increase by 30 percent to 
41 percent over last winter, again with the Midwest 
seeing the largest increase. Propane expenditures for 
home heating are projected to increase 20 percent to 
36 percent over last winter, with the Midwest seeing 
the largest projected increase. Expenditures for 
home heating using electricity are expected to in-
crease by 2 percent to 9 percent over last winter, 
with the South seeing the largest increase. Overall, 
average home heating expenditures this winter are 
projected to increase about 33 percent, assuming a 
normal winter. These significant increases in home 
heating costs this winter will particularly harm low- 
income consumers. The Low-Income Home Energy 
Assistance Program is designed to assist these low 
income consumers in this situation. Accordingly, 
Congress seeks a one-time only supplement to the 
Low-Income Home Energy Assistance Program fund 
to assist low income consumers with the additional 
home heating expenditures that they will face this 
winter as a result of Hurricanes Katrina and Rita. 
(b) RELIEF.—In addition to amounts otherwise made 
available, there shall be directly available to the Secretary
356 
of Health and Human Services for a 1-time only obligation 
and expenditure $1,000,000,000 for fiscal year 2006 for 
allocation under section 2604(a) through (d) of the Low- 
Income Home Energy Assistance Act of 1981 (42 U.S.C. 
8623(a) through (d)), for the sole purpose of providing 
assistance to offset the anticipated higher energy costs 
caused by Hurricane Katrina and Hurricane Rita. 
(c) SUNSET.—The provisions of this section shall ter-
minate, be null and void, and have no force and effect 
whatsoever after September 30, 2006. No monies provided 
for under this section shall be available after such date. 
Subtitle D—Digital Television 
Transition 
SEC. 3401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Digital Television 
Transition Act of 2005’’. 
SEC. 3402. FINDINGS. 
The Congress finds the following: 
(1) A loophole in current law is stalling the dig-
ital television (DTV) transition and preventing the 
return of spectrum for critical public safety and 
wireless broadband uses. 
(A) In 1996, to facilitate the DTV transi-
tion, Congress gave each full-power television 
broadcaster an extra channel of spectrum to
357 
broadcast in digital format while continuing to 
broadcast in analog format on its original chan-
nel. Each broadcaster was supposed to eventu-
ally return either the original or additional 
channel and broadcast exclusively in digital for-
mat on the remaining channel. 
(B) In 1997, Congress earmarked for pub-
lic safety use some of the spectrum the broad-
casters are supposed to return. Congress des-
ignated the rest of the spectrum to be auctioned 
for advanced commercial applications, such as 
wireless broadband services. Congress set De-
cember 31, 2006, as the deadline for broad-
casters to return the spectrum for public safety 
and wireless use. 
(C) A loophole, however, allows broad-
casters in a market to delay the return of the 
spectrum until more than 85 percent of tele-
vision households in that market have at least 
one television with access to digital broadcast 
channels using a digital television receiver, a 
digital-to-analog converter box, or cable or sat-
ellite service. Experts forecast it will take many 
more years to meet the 85-percent test nation-
wide.
358 
(2) Eliminating the 85-percent test and setting 
a ‘‘hard deadline’’ will close the loophole, making 
possible the nationwide clearing necessary to com-
plete the DTV transition and free the spectrum for 
public safety use. 
(A) Some police officers, firefighters, and 
rescue personnel already have equipment to 
communicate over the spectrum the broad-
casters are supposed to return, and are just 
awaiting the turnover. Many more public safety 
officials cannot purchase equipment or begin 
planning without a date certain for the avail-
ability of the spectrum. 
(B) Five years to the day before Sep-
tember 11, 2001, an advisory committee report 
to the Federal Communications Commission 
(FCC) noted that public safety officials des-
perately needed more spectrum to better com-
municate with each other in times of emer-
gency. The 9/11 Commission has specifically 
recognized the importance of clearing for public 
safety use the spectrum at issue here, especially 
following the terrorist attacks on the Pentagon 
and the World Trade Center. The spectrum is
359 
also important for communications during nat-
ural disasters. 
(3) The certainty of a nationwide hard deadline 
will enable consumers, industry, and government to 
take the necessary steps to make the transition as 
smooth as possible. 
(A) Under existing law, once a market 
meets the 85-percent penetration test, the re-
maining 15 percent of households in the market 
would lose access to broadcast programming 
unless they obtain a digital television receiver, 
a digital-to-analog converter box, or cable or 
satellite service. 
(B) Determining when the 85-percent test 
in current law has been met in a particular 
market would be extremely difficult for the 
FCC to accomplish. Moreover, because no one 
can predict precisely when any market will meet 
the 85-percent test, and because different mar-
kets will meet the test at different times, con-
sumers, industry, and government cannot ade-
quately plan on a either a local or nationwide 
basis. 
(C) With a hard deadline, government, in-
dustry, and consumer groups can develop con-
360 
crete plans for consumer education. Manufac-
turers can build large quantities of low-cost dig-
ital-to-analog converter boxes for consumers 
who wish to continue using their analog tele-
visions. Clearing the spectrum on a unified, na-
tionwide basis will also enable the government 
to maximize the revenue from the auction. 
Some of that revenue can be used to help make 
the converter boxes available. 
(D) The deadline will have little impact on 
most television households. The vast majority of 
households already subscribe to cable or sat-
ellite services. Allowing cable and satellite oper-
ators to convert digital broadcasts into an ana-
log-viewable format will enable their subscribers 
that wish to continue using analog televisions to 
do so. 
(4) Setting a hard deadline will bring con-
sumers and the economy the benefits of the DTV 
transition faster. 
(A) DTV offers sharper and wider pic-
tures, and CD-quality sound. Even consumers 
with analog televisions connected to a converter 
box or cable or satellite service will receive bet-
ter service than they did before the transition.
361 
(B) Once the transition is complete, broad-
casters can redirect the resources they currently 
expend running both analog and digital stations 
and focus on programming that capitalizes on 
the advanced features of digital transmissions. 
Manufacturers can also increase the production 
of televisions and other consumer electronics 
equipment that takes advantage of these fea-
tures, which will also drive down prices. 
(C) The cleared spectrum can be used to 
bring cutting-edge wireless services to public 
safety officials and consumers. This spectrum 
travels greater distances at lower costs, and 
more easily penetrates buildings and foliage. 
Consequently, it is ideal to bring mobile 
broadband services not only to urban areas, but 
to rural areas as well, which currently have very 
few cost-effective broadband options. 
(D) The increase in DTV programming, 
services, and equipment, and the provision of 
products and services that use the cleared spec-
trum, will improve America’s global competitive-
ness and result in significant investment and 
innovation, boosting our economy and fostering 
new jobs.
362 
SEC. 3403. ANALOG SPECTRUM RECOVERY: HARD DEAD-
LINE. 
(a) AMENDMENTS.—Section 309(j)(14) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)(14)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘December 
31, 2006’’ and inserting ‘‘December 31, 2008’’; 
(2) by striking subparagraph (B); 
(3) in subparagraph (C)(i)(I), by striking ‘‘or 
(B)’’; 
(4) in subparagraph (D), by striking ‘‘subpara-
graph (C)(i)’’ and inserting ‘‘subparagraph (B)(i)’’; 
and 
(5) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
(b) IMPLEMENTATION.— 
(1) DTV 
ALLOTMENT
TABLE
OF
IN-CORE 
CHANNELS FOR FULL-POWER STATIONS.—The Fed-
eral Communications Commission shall— 
(A) release by December 31, 2006, a re-
port and order in MB Docket No. 03–15 as-
signing all full-power broadcast television sta-
tions authorized in the digital television service 
a channel between channels 2 and 36, inclusive, 
or 38 and 51, inclusive (between frequencies 54 
and 698 megahertz, inclusive);
363 
(B) release by July 31, 2007, any recon-
sideration of such report and order; and 
(C) not adopt any further changes between 
July 31, 2007, and January 1, 2009, to the 
channels assigned to full-power broadcast tele-
vision stations for the provision of digital tele-
vision service unless doing so is necessary for 
reasons of public safety or necessary to prevent 
a delay in the end of broadcasting by full-power 
stations in the analog television service. 
(2) STATUS REPORTS.—Beginning with a re-
port on January 31, 2006, and ending with a report 
on July 31, 2007, the Commission shall submit re-
ports to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate every six months on the status of international 
coordination with Canada and Mexico of the digital 
television service table of allotments. 
(3) TERMINATIONS OF ANALOG LICENSES AND 
BROADCASTING.—The 
Federal 
Communications 
Commission shall take such actions as are necessary 
to terminate all licenses for full-power television sta-
tions in the analog television service and to require
364 
the cessation of broadcasting by full-power stations 
in the analog television service by January 1, 2009. 
(4) ADDITIONAL UNLICENSED SPECTRUM FOR 
WIRELESS
BROADBAND.—The Commission shall, 
within one year after the date of enactment of this 
Act, issue a final order in the matter of Unlicensed 
Operation in the TV Broadcast Bands (ET Docket 
No. 04–186). 
(c) TECHNICAL AMENDMENT.—Paragraph (15) of 
section 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)), as added by section 203(b) of the Com-
mercial Spectrum Enhancement Act (P.L. 108–494; 118 
Stat. 3993), is redesignated as paragraph (16) of such 
section. 
SEC. 3404. AUCTION OF RECOVERED SPECTRUM. 
(a) 
DEADLINE
FOR
AUCTION.—Section 
309(j)(15)(C) of the Communications Act of 1934 (47 
U.S.C. 309(j)(15)(C)) is amended by adding at the end 
the following new clauses: 
‘‘(v) ADDITIONAL DEADLINES FOR RE-
COVERED
ANALOG
SPECTRUM.—Notwith-
standing subparagraph (B), the Commis-
sion shall conduct the auction of the li-
censes for recovered analog spectrum by 
commencing the bidding not later than
365 
January 7, 2008, and shall deposit the 
proceeds of such auction in accordance 
with paragraph (8)(E)(i) not later than 
June 30, 2008. 
‘‘(vi) 
RECOVERED
ANALOG
SPEC-
TRUM.—For purposes of clause (v), the 
term ‘recovered analog spectrum’ means 
the spectrum between channels 52 and 69, 
inclusive (between frequencies 698 and 806 
megahertz, inclusive) reclaimed from ana-
log television service broadcasting under 
paragraph (14), other than— 
‘‘(I) the spectrum required by 
section 337 to be made available for 
public safety services; and 
‘‘(II) the spectrum auctioned 
prior to the date of enactment of the 
Digital Television Transition Act of 
2005.’’. 
(b) EXTENSION
OF AUCTION AUTHORITY.—Para-
graph (11) of section 309(j) of such Act is repealed. 
(c) STUDY OF AUCTION AUTHORITY.— 
(1) INQUIRY
AND
STUDY
REQUIRED.—Within 
120 days after the date of enactment of this Act, the
366 
Federal Communications Commission shall initiate 
an ongoing inquiry and study— 
(A) to evaluate the participation of women, 
minorities, and small businesses in the auction 
process, including the percentage of winning 
bidders that are women, minorities, and small 
businesses; and 
(B) to assess the efforts made by the Com-
mission to ensure that women, minorities, and 
small businesses are able to successfully partici-
pate in the auction process. 
(2) REPORT.—The Commission shall submit a 
report to the Congress on the results of the inquiry 
and study required by paragraph (1) at least bienni-
ally beginning not later than one year after the date 
of enactment of this Act. 
SEC. 3405. DIGITAL TELEVISION CONVERSION FUND. 
(a) RESERVATION OF AUCTION PROCEEDS TO ASSIST 
CONVERSION.—Section 309(j)(8) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)) is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B) or subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (B), (D), and (E)’’;
367 
(2) in subparagraph (C)(i), by inserting before 
the semicolon at the end the following: ‘‘, except as 
otherwise provided in subparagraph (E)(i)’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) TRANSFER OF REVENUES FOR DIG-
ITAL TELEVISION CONVERSION.— 
‘‘(i) PROCEEDS FOR DTV CONVERSION 
FUND.—Notwithstanding 
subparagraph 
(A), of the proceeds (including deposits 
and upfront payments from successful bid-
ders) from the use of a competitive bidding 
system under this subsection with respect 
to recovered analog spectrum— 
‘‘(I) $990,000,000 shall be de-
posited in a separate fund in the 
Treasury to be known as the ‘Digital 
Television Conversion Fund’, and be 
available exclusively to carry out sec-
tion 159 of the National Tele-
communications and Information Ad-
ministration Organization Act; 
‘‘(II) $500,000,000 shall be de-
posited in a separate fund in the 
Treasury to be known as the ‘Public
368 
Safety Interoperable Communications 
Fund’, and be available exclusively to 
carry out section 160 of such Act; 
‘‘(III) $30,000,000 shall be de-
posited in a separate fund in the 
Treasury to be known as the ‘NYC 9/ 
11 Digital Transition Fund’, and be 
available exclusively to carry out sec-
tion 161 of such Act; 
‘‘(IV) $3,000,000 shall be depos-
ited in a separate fund in the Treas-
ury to be known as the ‘Low-Power 
Digital-to-Analog Conversion Fund’, 
and be available exclusively to carry 
out section 162 of such Act; and 
‘‘(V) the remainder of such pro-
ceeds shall be deposited in the Treas-
ury in accordance with chapter 33 of 
title 31, United States Code. 
‘‘(ii) 
RECOVERED
ANALOG
SPEC-
TRUM.—For purposes of clause (i), the 
term ‘recovered analog spectrum’ has the 
meaning 
provided 
in 
paragraph 
(15)(C)(vi).’’.
369 
(b) CONVERTER BOX PROGRAM.—Part C of the Na-
tional Telecommunications and Information Administra-
tion Organization Act is amended by adding at the end 
the following new section: 
‘‘SEC. 159. DIGITAL-TO-ANALOG CONVERTER BOX PRO-
GRAM. 
‘‘(a) CREATION OF PROGRAM.—The Assistant Sec-
retary— 
‘‘(1) shall use the funds available under sub-
section (d) of this section to implement and admin-
ister a program through which households in the 
United States may obtain, upon request, up to two 
coupons that can be applied toward the purchase of 
digital-to-analog converter boxes, subject to the re-
strictions in this section and the regulations created 
thereunder; and 
‘‘(2) may award one or more contracts (includ-
ing a contract with another Federal agency) for the 
administration of some or all of the program. 
‘‘(b) PROGRAM SPECIFICATIONS.— 
‘‘(1) FORM OF COUPON REQUEST.—The regula-
tions under this section shall prescribe the contents 
of the coupon request form and the information any 
household seeking a coupon shall provide on the 
form. The coupon request form shall be required to
370 
include instructions for its use and also describe, at 
a minimum, the requirements and limitations of the 
program, the ways in which the form and the infor-
mation the household provides will be used, and to 
whom the form and the information will be dis-
closed. 
‘‘(2) DISTRIBUTION
OF
COUPON
REQUEST 
FORMS.— 
‘‘(A) PAPER AND ELECTRONIC FORMS.— 
The Assistant Secretary shall provide for the 
distribution of paper coupon request forms at 
Government buildings, including post offices. 
The Assistant Secretary shall provide for the 
availability to households of electronic coupon 
request forms, and may permit such forms to 
be submitted electronically. 
‘‘(B) ADDITIONAL DISTRIBUTION.—If the 
Assistant Secretary determines that doing so 
would make the program more successful and 
easier for consumers to participate in, paper 
and electronic coupon request forms shall also 
be distributed by such private entities as the 
Assistant Secretary shall specify (such as retail-
ers, manufacturers, broadcasters, religious or-
ganizations, and consumer groups) and shall be
371 
distributed in the manner specified by the As-
sistant Secretary. 
‘‘(3) LIMITATIONS.— 
‘‘(A) TWO-PER-HOUSEHOLD MAXIMUM.—A 
household may obtain coupons only by making 
a request as required by the regulations under 
this section. Any request must be made between 
January 1, 2008, and January 31, 2009, inclu-
sive. The Assistant Secretary shall ensure that 
each requesting household receives no more 
than two coupons. 
‘‘(B) NO COMBINATIONS OF COUPONS.— 
Two coupons may not be used in combination 
toward the purchase of a single digital-to-ana-
log converter box. 
‘‘(C) DURATION.—All coupons shall expire 
3 months after issuance. 
‘‘(4) DISTRIBUTION OF COUPONS.— 
‘‘(A) Coupons shall be distributed to re-
questing households by mail and each coupon 
shall be issued in the name of a member of the 
requesting household, and shall include a 
unique identification number as well as any 
other measures the Assistant Secretary deems
372 
necessary to minimize fraud, counterfeiting, du-
plication, and other unauthorized use. 
‘‘(B) Included on or provided with each 
coupon shall be, at a minimum, instructions for 
the coupon’s use and a description of the cou-
pon’s limitations. 
‘‘(C) The Assistant Secretary shall expend 
not more than $160,000,000 on administrative 
expenses and shall ensure that the sum of all 
administrative expenses for the program and 
the total maximum value of all the coupons re-
deemed, and issued but not expired, does not 
exceed $990,000,000. 
‘‘(D) The Assistant Secretary may expend 
up to $5,000,000 of the administrative expenses 
on the public outreach program required by sec-
tion 330(d)(4) of the Communications Act of 
1934 (47 U.S.C. 330(d)(4)). Such funds may 
be used for grants to the Association of Public 
Television Stations, in partnership with non-
commercial educational television broadcast sta-
tions (as defined section 397(6) of the Commu-
nications Act of 1934 (47 U.S.C. 397(6))) to 
carry out such public outreach. 
‘‘(5) QUALIFYING PURCHASES.—
373 
‘‘(A) QUALIFYING BOX.—The regulations 
shall specify methods for determining and iden-
tifying the converter boxes that meet the defini-
tion in subsection (g). 
‘‘(B) COUPON VALUE.—The value of each 
coupon shall be $40. 
‘‘(6) REDEMPTION OF COUPONS.—No coupon 
shall be redeemed except upon submission of reason-
able proof that the individual redeeming the coupon 
is the individual named on the coupon, and such ad-
ditional information as is required by the regulations 
under this section. In the case of retail distribution 
of digital-to-analog converter boxes over the Internet 
or by telephone, submission of a valid credit card 
number issued in the name of the household mem-
ber, the unique identification number on the coupon, 
the address of the household, and such other infor-
mation as is required by the regulations under this 
section shall be reasonable proof of identity, except 
that the redemption of coupons over the Internet or 
by telephone shall be prohibited if the Assistant Sec-
retary determines that such redemption would be 
unreasonably susceptible to fraud or other abuse. 
‘‘(7) RETAILER CERTIFICATION.—
374 
‘‘(A) Any retailer desiring to qualify for 
coupon reimbursement under this section shall, 
in accordance with the regulations under this 
section, be required to undergo a certification 
process to qualify for participation in the pro-
gram. 
‘‘(B) As part of the certification process, 
retailers shall be informed of the program’s de-
tails and their rights and obligations, including 
their obligations to honor all valid coupons that 
are tendered in the authorized manner, and to 
keep a reasonable number of eligible converter 
boxes in stock. 
‘‘(8) COUPON REIMBURSEMENT AND RETAILER 
AUDITING.— 
‘‘(A) REIMBURSEMENT.—The regulations 
under this section shall establish the process by 
which retailers may seek and obtain reimburse-
ment for the coupons, and shall include the op-
tion for retailers to seek and obtain reimburse-
ment electronically. 
‘‘(B) AUDITS.—Such regulations shall es-
tablish procedures for the auditing of retailer 
reimbursements.
375 
‘‘(9) APPEALS.—The regulations under this sec-
tion shall establish an appeals process for the review 
and resolution of complaints— 
‘‘(A) by a household alleging that— 
‘‘(i) the household was improperly de-
nied a coupon; 
‘‘(ii) a valid coupon properly tendered 
was not honored; or 
‘‘(iii) the household was otherwise 
harmed by another violation of this section 
or such regulations; or 
‘‘(B) by a retailer of digital-to-analog con-
verter boxes alleging that the retailer was im-
properly denied reimbursement for a valid cou-
pon properly tendered and accepted under this 
section or such regulations. 
All such complaints shall be resolved within 30 days 
after receipt of the complaint. 
‘‘(10) ENFORCEMENT.—The regulations under 
this section shall provide for the termination of eligi-
bility to participate in the program for retailers or 
households that engage in fraud, misrepresentation, 
or other misconduct in connection with the program, 
or that otherwise violate this section or such regula-
tions.
376 
‘‘(11) PROGRESS REPORT.—Beginning with a 
report on March 31, 2008, and ending with a report 
on June 30, 2009, the Assistant Secretary shall sub-
mit reports to the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate, every three months summarizing the 
progress of coupon distribution and redemption, in-
cluding how many coupons are being distributed and 
redeemed, and how quickly. 
‘‘(c) PRIVACY.—The program under this section shall 
ensure that personally identifiable information collected in 
connection with the program under this section is not used 
or shared for any other purpose than as described in this 
section, except as otherwise required or authorized by law. 
For purposes of this subsection, the term ‘personally iden-
tifiable information’ shall have the same meaning as pro-
vided in section 338(i)(2). 
‘‘(d) AVAILABILITY OF FUNDS.— 
‘‘(1) IN
GENERAL.—From the Digital Tele-
vision Conversion Fund established by section 
309(j)(8)(E)(i)(I) of the Communications Act of 
1934, there shall be available to carry out this sec-
tion such sums as may be necessary for fiscal years 
2008 and 2009. Any sums that remain unexpended
377 
in the Fund at the end of fiscal year 2009 shall re-
vert to and be deposited in the general fund of the 
Treasury. 
‘‘(2) CREDIT.—The Assistant Secretary may 
borrow from the Treasury such sums as may be nec-
essary not to exceed $990,000,000 to implement and 
administer the program in accordance with this sec-
tion. The Assistant Secretary shall reimburse the 
Treasury, without interest, as funds are deposited 
into the Digital Television Conversion Fund under 
section 309(j)(8)(E) of such Act. 
‘‘(e) ENERGY STANDARDS REQUIRED.— 
‘‘(1) STANDARD.—The maximum energy con-
sumption for the passive standby mode of a digital- 
to-analog converter box shall be no more than 9 
watts. 
‘‘(2) ENFORCEMENT.—The Secretary of Energy 
shall enforce the requirements of paragraph (1). Any 
converter box that the Secretary of Energy deter-
mines is not in compliance with the requirements of 
paragraph (1) shall not be eligible for purchase with 
assistance made available under this section. 
‘‘(3) PREEMPTION.—No State or any political 
subdivision thereof may establish or enforce any law, 
rule, regulation, or other provision having the force
378 
of law that regulates the energy output, usage, or 
consumption standards for a digital-to-analog con-
verter box. 
‘‘(f) IMPLEMENTATION.—The Secretary of Commerce 
shall promulgate, within 9 months after the date of enact-
ment of the Digital Television Transition Act of 2005, 
such regulations as are necessary to carry out this section. 
‘‘(g) DEFINITION.—For purposes of this section: 
‘‘(1) DIGITAL-TO-ANALOG
CONVERTER
BOX.— 
The term ‘digital-to-analog converter box’ means a 
stand-alone device that does not contain features or 
functions except those necessary to enable a con-
sumer to convert any channel broadcast in the dig-
ital television service into a format that the con-
sumer can display on television receivers designed to 
receive and display signals only in the analog tele-
vision service. 
‘‘(2) 
HOUSEHOLD.—The 
term 
‘household’ 
means the residents at a residential street or rural 
route address, and shall not include a post office 
box. 
‘‘(3) STANDBY
PASSIVE
MODE.—The term 
‘standby passive mode’ means a low power state the 
digital-to-analog converter device enters while con-
nected to a power source which fulfills not the main
379 
function but can be switched into another mode by 
means of an internal or external signal.’’. 
SEC. 3406. PUBLIC SAFETY INTEROPERABLE COMMUNICA-
TIONS FUND. 
Part C of the National Telecommunications and In-
formation Administration Organization Act is amended by 
adding after section 159 (as added by section 3405(b) of 
this Act) the following new section: 
‘‘SEC. 160. PUBLIC SAFETY INTEROPERABLE COMMUNICA-
TIONS FUND. 
‘‘(a) PROGRAM AUTHORIZED.—From the funds avail-
able under subsection (f), the Assistant Secretary shall 
carry out a grant program to assist public safety agencies 
in the acquisition of, deployment of, or training for the 
use of interoperable communications systems that utilize, 
or enable interoperability with communications systems 
that can utilize, reallocated public safety spectrum for 
radio communications. 
‘‘(b) TERMS AND CONDITIONS OF GRANTS.—In order 
to obtain a grant under this section, a public safety agency 
shall— 
‘‘(1) submit an application to the Assistant Sec-
retary at such time, in such form, and containing or 
accompanied by such information and assurances as 
the Assistant Secretary shall require;
380 
‘‘(2) agree that, if awarded a grant, the public 
safety agency will submit annual reports to the As-
sistant Secretary for the duration of the grant 
award period with respect to— 
‘‘(A) the expenditure of grant funds; and 
‘‘(B) progress toward acquiring and de-
ploying interoperable communications systems 
funded by the grant; 
‘‘(3) agree to provide, from non-Federal 
sources, not less than 20 percent of the costs of ac-
quiring and deploying the interoperable communica-
tions systems acquired and deployed with funds pro-
vided under this section; and 
‘‘(4) agree to remit to the Assistant Secretary 
any grant funds that remain unexpended at the end 
of the 3-year period of the grant. 
‘‘(c) DURATION OF GRANT; RECOVERY OF UNUSED 
FUNDS.—Grants under this section shall be awarded in 
the form of a single grant for a period of not more that 
3 years. At the end of 3 years, any grant funds that re-
main unexpended shall be remitted by the grantee to the 
Assistant Secretary, and, subject to subsection (f)(2), may 
be awarded to other eligible grant recipients. At the end 
of fiscal year 2010, any such reawarded grant funds that 
remain unexpended shall be remitted by the grantee to the
381 
Assistant Secretary and may not be reawarded to other 
grantees. 
‘‘(d) OVERSIGHT OF EXPENDITURES.—The Assistant 
Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce, not later than 6 months 
after the first award of a grant under this section and 
every 6 months thereafter until October 1, 2010, a re-
port— 
‘‘(1) identifying, on a State-by-State basis, 
using the information submitted under subsection 
(b)(2), the results of the program, including an iden-
tification, on a State-by-State basis, of— 
‘‘(A) the public safety agencies awarded a 
grant; 
‘‘(B) the amount of the grant; 
‘‘(C) the specified use for the grant; and 
‘‘(D) how each such grant was spent; and 
‘‘(2) stating the cumulative total of the amount 
of grants awarded, and the balance, if any, remain-
ing in the Public Safety Interoperable Communica-
tions Fund; and 
‘‘(3) in the final such report, stating the 
amount in the Fund that reverted to the general 
fund of the Treasury.
382 
‘‘(e) REGULATIONS.—The Secretary is authorized to 
prescribe such regulations as are necessary to carry out 
this section. 
‘‘(f) AVAILABILITY OF FUNDS.— 
‘‘(1) AVAILABILITY.—From the Public Safety 
Interoperable Communications Fund established by 
section 309(j)(8)(E)(i)(II) of the Communications 
Act of 1934, there shall be available to carry out 
this section such sums as may be necessary for fiscal 
years 2008, 2009, and 2010. 
‘‘(2) REVERSION.—Any sums that remain unex-
pended in the Fund at the end of fiscal year 2010 
shall revert to and be deposited in the general fund 
of the Treasury. 
‘‘(g) DEFINITIONS.—For purposes of this section: 
‘‘(1) PUBLIC SAFETY AGENCY.—The term ‘pub-
lic safety agency’ means any State or local govern-
ment entity, or nongovernmental organization au-
thorized by such entity, whose sole or principal pur-
pose is to protect the safety of life, health, or prop-
erty. 
‘‘(2) INTEROPERABLE
COMMUNICATIONS
SYS-
TEMS.—The term ‘interoperable communications 
systems’ means communications systems which en-
able public safety agencies to share information
383 
amongst local, State, and Federal public safety 
agencies in the same area via voice or data signals. 
‘‘(3) REALLOCATED
PUBLIC
SAFETY
SPEC-
TRUM.—The term ‘reallocated public safety spec-
trum’ means the bands of spectrum located at 764 
-776 megahertz and 794–806 megahertz, inclusive.’’. 
SEC. 3407. NYC 9/11 DIGITAL TRANSITION FUND. 
Part C of the National Telecommunications and In-
formation Administration Organization Act is amended by 
adding after section 160 (as added by section 3406 of this 
Act) the following new section: 
‘‘SEC. 161. NYC 9/11 DIGITAL TRANSITION FUND. 
‘‘(a) FUNDS AVAILABLE.—From the NYC 9/11 Dig-
ital 
Transition 
Fund 
established 
by 
section 
309(j)(8)(E)(i)(III) of the Communications Act of 1934, 
there shall be available to carry out this section such sums 
as may be necessary for fiscal years 2006 through 2008. 
Any sums that remain unexpended in the Fund at the end 
of fiscal year 2008 shall revert to and be deposited in the 
general fund of the Treasury. The Assistant Secretary 
may borrow from the Treasury such sums as may be nec-
essary not to exceed $30,000,000 to implement and ad-
minister the program in accordance with this section. The 
Assistant Secretary shall reimburse the Treasury, without
384 
interest, as funds are deposited into the NYC 9/11 Digital 
Transition Fund under section 309(j)(8)(E) of such Act. 
‘‘(b) USE OF FUNDS.—The sums available under 
subsection (a) shall be made available by the Assistant 
Secretary by grant to be used to reimburse the Metropoli-
tan Television Alliance for costs incurred in the design and 
deployment of a temporary digital television broadcast sys-
tem to ensure that, until a permanent facility atop the 
Freedom Tower is constructed, the members of the Metro-
politan Television Alliance can provide the New York City 
area with an adequate digital television signal as deter-
mined by the Federal Communications Commission. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter or otherwise affect the Fed-
eral Communications Commission’s authority with respect 
to licensing and interference regulation. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘Metropolitan Television Alli-
ance’ means the organization formed by New York 
City television broadcast station licensees to locate 
new shared facilities as a result of the attacks on 
September 11, 2001 and the loss of use of shared 
facilities that housed broadcast equipment. 
‘‘(2) The term ‘New York City area’ means the 
five counties comprising New York City and counties
385 
of northern New Jersey in immediate proximity to 
New York City (Bergen, Essex, Union and Hudson 
Counties) .’’. 
SEC. 3408. LOW-POWER TELEVISION TRANSITION PROVI-
SIONS. 
(a) REMOVAL AND RELOCATION.—Section 337(e) of 
the Communications Act of 1934 (47 U.S.C. 337(e)) is 
amended— 
(1) in paragraph (1), by striking ‘‘person who’’ 
and inserting ‘‘full-power television station licensee 
that’’; 
(2) in paragraph (2), by striking ‘‘746 mega-
hertz’’ and inserting ‘‘698 megahertz’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) CONTINUATION
OF
LOW-POWER
BROAD-
CASTING.—Subject to section 336(f) of the Commu-
nications Act (47 U.S.C. 336(f)), a low-power tele-
vision station, television translator station, or tele-
vision booster station (as defined by Commission 
regulations) may operate above 698 megahertz on a 
secondary basis in accordance with Commission 
rules, including rules governing completion of the 
digital television service transition for low-power 
broadcasters.’’.
386 
(b) 
EXEMPTION
FROM
DEADLINE.—Section 
309(j)(14)(A) of such Act (47 U.S.C. 309(j)(14)(A)) is 
amended by by inserting ‘‘full-power’’ before ‘‘television 
broadcast license’’. 
(c) ADVANCED
TELEVISION
SERVICES.—Section 
336(f)(4) of such Act (47 U.S.C. 336(f)(4)) is amended 
by inserting ‘‘or other low-power station’’ after ‘‘television 
translator station’’ in the first sentence. 
(d) LOW-POWER TELEVISION DIGITAL-TO-ANALOG 
CONVERSION.—Part C of the National Telecommuni-
cations and Information Administration Organization Act 
is amended by adding after section 161 (as added by sec-
tion 3407 of this Act) the following new section: 
‘‘SEC. 162. LOW-POWER TELEVISION DIGITAL-TO-ANALOG 
CONVERSION. 
‘‘(a) CREATION OF PROGRAM.—The Assistant Sec-
retary shall use the funds available under subsection (d) 
from the Low-Power Digital-to-Analog Conversion Fund 
to implement and administer a program through which 
each eligible low-power television station may receive com-
pensation toward the cost of the purchase of a digital-to- 
analog conversion device that enables it to convert the in-
coming digital signal of its corresponding full-power tele-
vision station to analog format for transmission on the 
low-power television station’s analog channel. An eligible
387 
low-power television station may receive such compensa-
tion only if it submits a request for such compensation 
on or before December 31, 2008. 
‘‘(b) ELIGIBLE STATIONS.—For purposes of this sec-
tion, an eligible low-power television station shall be a low- 
power television broadcast station, Class A television sta-
tion, television translator station, or television booster sta-
tion— 
‘‘(1) that is itself broadcasting exclusively in 
analog format; and 
‘‘(2) that has not purchased a digital-to-analog 
conversion device prior to enactment of this section. 
‘‘(c) QUALIFYING DEVICES AND AMOUNTS.—The As-
sistant Secretary— 
‘‘(1) may determine the types of digital-to-ana-
log conversion devices for which an eligible low- 
power broadcast television station may receive com-
pensation under this section; and 
‘‘(2) shall determine the maximum amount of 
compensation such a low-power television broadcast 
station may receive based on the average cost of 
such digital-to-analog conversion devices during the 
time period such low-power broadcast television sta-
tion purchased the digital-to-analog conversion de-
388 
vice, but in no case shall such compensation exceed 
$400. 
‘‘(d) FUNDS AVAILABLE.—From the Low-Power 
Digital-to-Analog Conversion Fund established by section 
309(j)(8)(E)(i)(IV) of the Communications Act of 1934, 
there shall be available to carry out this section such sums 
as may be necessary for fiscal years 2008 and 2009. Any 
sums that remain unexpended in such Fund at the end 
of fiscal year 2009 shall revert to and be deposited in the 
general fund of the Treasury.’’. 
(e) REPORT AND ORDER REQUIRED.—The Federal 
Communications Commission shall, not later than Decem-
ber 31, 2008, issue a report and order specifying the 
methods and schedule by which the Commission will com-
plete the digital television service transition for low-power 
broadcasters. 
SEC. 3409. CONSUMER EDUCATION REGARDING ANALOG 
TELEVISIONS. 
(a) COMMISSION AUTHORITY.—Section 303 of the 
Communications Act of 1934 (47 U.S.C. 303) is amended 
by adding at the end the following new subsection: 
‘‘(z) Require the consumer education measures speci-
fied in section 330(d) in the case of apparatus designed 
to receive television signals that—
389 
‘‘(1) are shipped in interstate commerce or 
manufactured in the United States; 
‘‘(2) have an integrated display screen or are 
sold in a bundle with a display screen; and 
‘‘(3) are not capable of receiving broadcast sig-
nals in the digital television service.’’. 
(b) CONSUMER EDUCATION REQUIREMENTS.—Sec-
tion 330 of the Communications Act of 1934 (47 U.S.C. 
330) is amended— 
(1) in subsection (d), by striking ‘‘sections 
303(s), 303(u), and 303(x)’’ and inserting ‘‘sub-
sections (s), (u), (x), and (z) of section 303’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) CONSUMER EDUCATION REGARDING ANALOG 
TELEVISION RECEIVERS.— 
‘‘(1) REQUIREMENTS FOR MANUFACTURERS.— 
Any manufacturer of any apparatus described in 
section 303(z) shall— 
‘‘(A) place in a conspicuous place on any 
such apparatus that such manufacturer ships in 
interstate commerce or manufactures in the 
United States after 180 days after the date of
390 
enactment of the Digital Television Transition 
Act of 2005, a label containing, in clear and 
conspicuous print, the warning language re-
quired by paragraph (3); and 
‘‘(B) also include after 180 days after the 
date of enactment of the Digital Television 
Transition Act of 2005, such warning language 
on the outside of the retail packaging of such 
apparatus, in a conspicuous place and in clear 
and conspicuous print, in a manner that cannot 
be removed. 
‘‘(2) REQUIREMENTS
FOR
RETAIL
DISTRIBU-
TORS.—Any retail distributor shall place conspicu-
ously in the vicinity of each apparatus described in 
section 303(z) that such distributor displays for sale 
or rent after 45 days after the date of enactment of 
the Digital Television Transition Act of 2005, a sign 
containing, in clear and conspicuous print, the warn-
ing language required by paragraph (3). In the case 
of a retail distributor vending such apparatus via di-
rect mail, catalog, or electronic means, such as dis-
plays on the Internet, the warning language required 
by such paragraph shall be prominently displayed, in 
clear and conspicuous print, in the vicinity of any 
language describing the product.
391 
‘‘(3) WARNING LANGUAGE.—The warning lan-
guage required by this paragraph shall read as fol-
lows: ‘This television has only an analog broadcast 
tuner. After December 31, 2008, television broad-
casters will broadcast only in digital format. You will 
then need to connect this television to a digital-to- 
analog converter box or cable or satellite service if 
you wish to receive broadcast programming. The de-
vice, if any, that a cable or satellite subscriber will 
need to connect to an analog television will depend 
on the cable or satellite service provider. The tele-
vision should continue to work as before, however, 
with devices such as VCRs, digital video recorders, 
DVD players, and video game systems. For more in-
formation, call the Federal Communications Com-
mission at 1–888–225–5322 (TTY: 1–888–835– 
5322) or visit the Commission’s website at: 
www.fcc.gov.’. 
‘‘(4) COMMISSION AND NTIA OUTREACH.—Be-
ginning within one month after the date of enact-
ment of the Digital Television Transition Act of 
2005, the Commission and the National Tele-
communications and Information Administration 
shall engage, either jointly or separately, in a public 
outreach program, including the distribution of ma-
392 
terials on their web sites and in Government build-
ings, such as post offices, to educate consumers re-
garding the digital television transition. The Com-
mission and the National Telecommunications and 
Information Administration may seek public com-
ment in crafting their public outreach program, and 
may seek the assistance of private entities, such as 
broadcasters, manufacturers, retailers, cable and 
satellite operators, and consumer groups in admin-
istering the public outreach program. The program 
shall educate consumers about— 
‘‘(A) the deadline for termination of analog 
television broadcasting; 
‘‘(B) the options consumers have after 
such termination to continue to receive broad-
cast programming; and 
‘‘(C) the converter box program under sec-
tion 159 of the National Telecommunications 
and Information Administration Organization 
Act. 
‘‘(5) ADDITIONAL DISCLOSURES.— 
‘‘(A) ANNOUNCEMENTS AND NOTICES RE-
QUIRED.—From January 1, 2008, through De-
cember 31, 2008—
393 
‘‘(i) each television broadcaster shall 
air, at a minimum, two 60-second public 
service announcements per day, one during 
the 8 to 9 a.m. hour and one during the 
8 to 9 p.m. hour; and 
‘‘(ii) each multichannel video program 
distributor (as such term is defined in sec-
tion 602 of this Act) shall include a notice 
in any periodic bill. 
‘‘(B) CONTENTS OF ANNOUNCEMENTS AND 
NOTICES.—The announcements and notices re-
quired by subparagraphs (A)(i) and (A)(ii), re-
spectively, shall state, at a minimum, that: 
‘After December 31, 2008, television broad-
casters will broadcast only in digital format. 
You will then no longer be able to receive 
broadcast programming on analog-only tele-
visions unless those televisions are connected to 
a digital-to-analog converter box or a cable or 
satellite service. The device, if any, that a cable 
or satellite subscriber will need to connect to an 
analog television will depend on the cable or 
satellite service provider. Analog-only televisions 
should continue to work as before, however, 
with devices such as VCRs, digital video record-
394 
ers, DVD players, and video game systems. You 
may be eligible for up to two coupons toward 
the purchase of up to two converter-boxes. For 
more information, call the Federal Communica-
tions Commission at 1–888–225–5322 (TTY: 
1–888–835–5322) or visit the Commission’s 
website at: www.fcc.gov.’. 
‘‘(6) REPORT REQUIRED.—Beginning January 
31, 2006, and ending July 31, 2008, the Commis-
sion and the National Telecommunications and In-
formation Administration, either jointly or sepa-
rately, shall submit reports every six months to the 
Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, on the 
Commission’s and such Administration’s consumer 
education efforts, as well as the consumer education 
efforts of broadcasters, cable and satellite operators, 
consumer electronics manufacturers, retailers, and 
consumer groups. The Commission and such Admin-
istration may solicit public comment in preparing 
their reports.’’. 
(c) PRESERVING
AND EXPEDITING TUNER MAN-
DATES.—The Federal Communications Commission—
395 
(1) shall, within 30 days after the date of en-
actment of this Act revise the digital television re-
ception capability implementation schedule under 
section 15.117(i) of its regulations (47 CFR 
15.117(i)) to require, in the case of television recep-
tion devices that have, or are sold in a bundle with, 
display screens sized 13 to 24 inches, inclusive, that 
100 percent of all such units must include digital 
television tuners effective March 1, 2007; and 
(2) shall not make any other changes that ex-
tend or otherwise delay the digital television recep-
tion capability implementation schedule for television 
reception devices that have, or are sold in a bundle 
with, display screens. 
SEC. 3410. ADDITIONAL PROVISIONS. 
(a) 
DIGITAL-TO-ANALOG
CONVERSION.—Section 
614(b) of the Communications Act of 1934 (47 U.S.C. 
534(b)) is amended by adding at the end the following 
new paragraphs: 
‘‘(11) CARRIAGE OF DIGITAL FORMATS.— 
‘‘(A) PRIMARY VIDEO STREAM.—With re-
spect to any television station that is transmit-
ting broadcast programming exclusively in the 
digital television service in a local market, a 
cable operator of a cable system in that market
396 
shall carry the station’s primary video stream 
and program-related material in the digital for-
mat transmitted by that station, without mate-
rial degradation, if the licensee for that sta-
tion— 
‘‘(i) relies on this section or section 
615 to obtain carriage of the primary video 
stream and program-related material on 
that cable system in that market; and 
‘‘(ii) permits the cable system to carry 
without compensation any other program-
ming broadcast by that station that is car-
ried on that system. 
‘‘(B) MULTIPLE FORMATS PERMITTED.—A 
cable operator of a cable system may offer the 
primary video stream and program-related ma-
terial of a local television station described in 
subparagraph (A) in any analog or digital for-
mat or formats, whether or not doing so re-
quires conversion from the format transmitted 
by the local television station, so long as— 
‘‘(i) the cable operator offers the pri-
mary video stream and program-related 
material in the converted analog or digital
397 
format or formats without material deg-
radation; and 
‘‘(ii) also offers the primary video 
stream and program-related material in 
the manner or manners required by this 
paragraph. 
‘‘(C) TRANSITIONAL CONVERSIONS.—Not-
withstanding the requirement in subparagraph 
(A) to carry the primary video stream and pro-
gram-related material in the digital format 
transmitted by the local television station, but 
subject to the prohibition on material degrada-
tion, until January 1, 2014— 
‘‘(i) a cable operator— 
‘‘(I) shall offer the primary video 
stream and program-related material 
in the format or formats necessary for 
such stream and material to be 
viewable on analog and digital tele-
visions; and 
‘‘(II) may convert the primary 
video stream and program-related ma-
terial to standard-definition digital 
format in lieu of offering it in the dig-
398 
ital format transmitted by the local 
television station; 
‘‘(ii) notwithstanding clause (i), a 
cable operator of a cable system with an 
activated capacity of 550 megahertz or 
less— 
‘‘(I) shall offer the primary video 
stream and program-related material 
of the local television station described 
in subparagraph (A), converted to an 
analog format; and 
‘‘(II) may, but shall not be re-
quired to, offer the primary video 
stream and program-related material 
in any digital format or formats. 
‘‘(D) LOCATION AND METHOD OF CONVER-
SION.— 
‘‘(i) A cable operator of a cable sys-
tem may perform any conversion permitted 
or required by this paragraph at any loca-
tion, from the cable head-end to the cus-
tomer premises, inclusive. 
‘‘(ii) Notwithstanding any other provi-
sion of this Act other than the prohibition 
on material degradation, a cable operator
399 
may use switched digital video technology 
to accomplish any conversion or trans-
mission permitted or required by this para-
graph. 
‘‘(E) CONVERSIONS NOT TREATED AS DEG-
RADATION.—Any conversion permitted or re-
quired by this paragraph shall not, by itself, be 
treated as a material degradation. 
‘‘(F) CARRIAGE
OF
PROGRAM-RELATED 
MATERIAL.—The obligation to carry program- 
related material under this paragraph is effec-
tive only to the extent technically feasible. 
‘‘(G) DEFINITION
OF
STANDARD-DEFINI-
TION
FORMAT.—For purposes of this para-
graph, a stream shall be in standard definition 
digital format if such stream meets the criteria 
for such format as specified in the standard 
recognized by the Commission in section 73.682 
of its rules (47 CFR 73.682) or a successor 
regulation.’’. 
(b) TIERING.—Clause (iii) of section 623(b)(7)(A) of 
such Act (47 U.S.C. 543(b)(7)(A)(iii)) is amended to read 
as follows: 
‘‘(iii) Both of the following signals:
400 
‘‘(I) the primary video stream 
and program-related material of any 
television broadcast station that is 
provided by the cable operator to any 
subscriber in an analog format, and 
‘‘(II) the primary video stream 
and program-related material— 
‘‘(aa) 
of 
any 
television 
broadcast station that is trans-
mitting exclusively in digital for-
mat, and 
‘‘(bb) that is provided by the 
cable operator to any subscriber 
in a digital format, 
but excluding a signal that is secondarily 
transmitted by a satellite carrier beyond 
the local service area of such station.’’. 
(c) COMPARABLE TREATMENT OF SATELLITE CAR-
RIERS.—Section 338 of the Communications Act of 1934 
(47 U.S.C. 338) is amended— 
(1) by adding at the end the following new sub-
section: 
‘‘(l) SPECIFIC CARRIAGE OBLIGATIONS AFTER DIG-
ITAL TRANSITION.—
401 
‘‘(1) CARRIAGE
OF
DIGITAL
FORMATS.—With 
respect to any television station that requests car-
riage under this section and that is transmitting 
broadcast programming exclusively in the digital tel-
evision service in a local market in the contiguous 
United States (hereafter in this paragraph referred 
to as an eligible requesting station), a satellite car-
rier carrying the digital signal of any other local tel-
evision station in that local market shall carry the 
eligible requesting station’s primary video stream 
and program-related material, without material deg-
radation, if the licensee for that eligible requesting 
station— 
‘‘(A) relies on this section to obtain car-
riage of the primary video stream and program- 
related material by that satellite carrier in that 
market; and 
‘‘(B) permits the satellite carrier to carry 
without compensation any other programming 
broadcast by that local station that is carried 
on that system. 
‘‘(2) 
FORMATTING
OF
PRIMARY
VIDEO 
STREAM.—A satellite carrier must offer the primary 
video stream and program-related material of an eli-
gible requesting station in the digital format trans-
402 
mitted by the station if the satellite carrier carries 
the primary video stream of any other local tele-
vision station in that local market in the same dig-
ital format. 
‘‘(3) MULTIPLE FORMATS PERMITTED.—A sat-
ellite carrier may offer the primary video stream and 
program-related material of an eligible requesting 
station in any analog or digital format or formats, 
whether or not doing so requires conversion from the 
format transmitted by that eligible requesting sta-
tion, so long as— 
‘‘(A) the satellite carrier offers the primary 
video stream and program-related material in 
the converted analog or digital format or for-
mats without material degradation; and 
‘‘(B) also offers the primary video stream 
and program-related material in the manner or 
manners required by this subsection. 
‘‘(4) TRANSITIONAL
CONVERSIONS.—Notwith-
standing any requirement in paragraphs (1) and (2) 
to carry the primary video stream and program-re-
lated material in the digital format transmitted by 
the local television station, but subject to the prohi-
bition on material degradation, until January 1, 
2014, a satellite carrier—
403 
‘‘(A) shall offer the primary video stream 
and program-related material of any local tele-
vision broadcast station required to be carried 
under paragraph (1) in the format necessary 
for such stream to be viewable on analog and 
digital televisions; and 
‘‘(B) may convert the primary video 
stream and program-related material to stand-
ard-definition format in lieu of offering it in the 
digital format transmitted by the local television 
station. 
‘‘(5) LOCATION
AND
METHOD
OF
CONVER-
SION.—A satellite carrier may perform any conver-
sion permitted or required by this subsection at any 
location, from the local receive facility to the cus-
tomer premises, inclusive. 
‘‘(6) CONVERSIONS NOT TREATED AS DEGRADA-
TION.—Any conversion permitted or required by this 
subsection shall not, by itself, be treated as a mate-
rial degradation. 
‘‘(7) CARRIAGE OF PROGRAM-RELATED MATE-
RIAL.—The obligation to carry program-related ma-
terial under this subsection is effective only to the 
extent technically feasible.
404 
‘‘(8) DEFINITION
OF
STANDARD-DEFINITION 
FORMAT.—For purposes of this subsection, a stream 
shall be in standard definition digital format if such 
stream meets the criteria for such format as speci-
fied in the standard recognized by the Commission 
in section 73.682 of its rules (47 CFR 73.682) or 
a successor regulation.’’; 
(2) in subsection (b)(1), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a) or (l)’’; 
(3) in subsection (c)(1), by striking ‘‘subsection 
(a)(1)’’ and inserting ‘‘subsections (a)(1) and (l)’’; 
and 
(4) in subsection (c)(2), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsections (a) and (l)’’. 
(d) DEADLINE.—The Federal Communications Com-
mission shall revise its regulations to implement the 
amendments made by this section within one year after 
the date of enactment of this Act. 
SEC. 3411. DEPLOYMENT OF BROADBAND WIRELESS TECH-
NOLOGIES. 
Not later than 45 days after the effective date of this 
Act, the Commission shall initiate a rulemaking to assess 
the necessity of rechannelizing the spectrum located be-
tween 767–773 megahertz and 797–803 megahertz to ac-
405 
commodate broadband applications. Such rulemaking shall 
be completed within 180 days. 
SEC. 3412. SENSE OF CONGRESS. 
(a) FINDINGS.—The Congress finds the following: 
(1) The wireless communications industry in 
the United States is becoming increasingly con-
centrated: there are currently no ownership limita-
tions on wireless companies, and the five largest 
wireless carriers in the United States control nearly 
90 percent of United States wireless subscribership. 
(2) Over 90 percent of households receive their 
broadband services through either cable or digital 
subscriber line (DSL) service, and most cable and 
DSL providers are heavily concentrated within their 
geographic markets. 
(3) Under the Omnibus Budget and Reconcili-
ation Act of 1993, Congress tasked the Federal 
Communications Commission to promote economic 
opportunity by disseminating wireless communica-
tions licenses among a wide variety of applicants, in-
cluding small businesses and rural telephone compa-
nies. 
(4) Upcoming auctions for the returned analog 
broadcast spectrum in the 700 megahertz band that 
will be cleared following the transition from analog