I 
111TH CONGRESS 
1ST SESSION H. R. 2867 
To ensure access to basic broadcast television after the Digital Television 
Transition, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2009 
Mr. DEFAZIO (for himself, Mr. SESTAK, Mr. FILNER, and Mr. HARE) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To ensure access to basic broadcast television after the 
Digital Television Transition, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Digital TV Transition 
Fairness Act’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions shall apply: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary for 
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Communications and Information of the Department 
of Commerce. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) DIGITAL-TO-ANALOG
CONVERTER
BOX.— 
The term ‘‘digital-to-analog converter box’’ has the 
same meaning as in section 3005(d) of the Digital 
Television Transition and Public Safety Act of 2005. 
(4) LOCAL MARKET.—The term ‘‘local market’’ 
has the same meaning as in section 122(j) of title 
17, United States Code. 
(5) MULTICHANNEL VIDEO PROGRAMMING DIS-
TRIBUTOR.—The term ‘‘multichannel video program-
ming distributor’’ has the same meaning as in sec-
tion 602(13) of the Communications Act of 1934. 
(6) TELEVISION
BROADCAST
STATION.—The 
term ‘‘television broadcast station’’ has the same 
meaning as in section 325(b)(7) of the Communica-
tions Act of 1934. 
SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM. 
(a) CREATION OF PROGRAM.—The Assistant Sec-
retary, in coordination and consultation with the Commis-
sion, shall implement and administer a program through 
which households or individuals in the United States may 
obtain coupons that can be applied toward— 
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(1) the cost to install a digital-to-analog con-
verter box; 
(2) the purchase of an indoor or outdoor an-
tenna, or both if needed, to facilitate the reception 
and display of signals of channels broadcast in dig-
ital television service; 
(3) the cost to install any antenna described in 
paragraph (2); and 
(4) the cost to install, or the cost of any other 
equipment needed to receive and display, basic 
broadcast television service, as such service is de-
scribed in section 4. 
(b) PROGRAM SPECIFICATIONS.— 
(1) ELIGIBILITY.— 
(A) HOUSEHOLD
OR
INDIVIDUAL.—Any 
household or individual that was or is eligible 
for a digital-to-analog converter box coupon 
under the coupon program established under 
section 3005 of the Digital Television Transi-
tion and Public Safety Act of 2005 shall be eli-
gible to receive a coupon under the coupon pro-
gram established under this section. 
(B) PRODUCT
ELIGIBILITY.—The Assist-
ant Secretary, in consultation with the Commis-
sion, shall determine minimum standards for 
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which types of antennas, installation providers, 
and other companies are eligible to participate 
in the coupon program established under this 
section. Such minimum standards shall be es-
tablished not later than 30 days after the date 
of enactment of this Act. 
(C) LIMITATION.—No household or indi-
vidual may be eligible to participate in the cou-
pon program established under this section if— 
(i) on the date of enactment of this 
Act, the household or individual was receiv-
ing broadcast television that it had pur-
chased from a multichannel video program-
ming distributor; or 
(ii) after the date of enactment of this 
Act, the household or individual purchases 
television broadcasts, other than basic 
broadcast television service described in 
section 4, from a multichannel video pro-
gramming distributor. 
(2) REQUEST.—A household or individual may 
obtain coupons under this section by making a re-
quest as required by the regulations implementing 
this section. 
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(3) COUPON VALUE.—The Assistant Secretary 
shall determine the value of any coupons issued 
under this section, provided that the value of any 
single coupon does not exceed $80. In making the 
determination of the value of any single coupon, the 
Assistant Secretary shall consider the purpose for 
which the requesting household or individual is re-
questing the coupon and the types of costs to which 
the coupon will be applied. 
(4) DURATION.—All coupons issued under this 
section shall expire upon the later of the date of ter-
mination of the program established under this sec-
tion or 90 days. 
(5) TERMINATION.—The program established 
under this section shall terminate on the date that 
is 18 months after the date on which the first cou-
pon under this section is issued. 
(c) CONSUMER EDUCATION.—The Assistant Sec-
retary shall develop, in consultation with the Commission 
and broadcast and television industry representatives, an 
Internet website and a toll-free telephone hotline accessible 
to consumers that have degraded or lost signals or chan-
nels as a result of the full power transition from analog 
to digital television that is to occur on February 17, 2009. 
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The website and telephone hotline shall provide relevant 
information in order to assist consumers in determining— 
(1) if the purchase or installation of an outdoor 
or indoor antenna will assist the consumer in resolv-
ing or improving their digital television reception 
problems; and 
(2) what options are available to them should 
they find that purchasing an outdoor or indoor an-
tenna will not assist in resolving or improving their 
digital television reception. 
(d) ANTI-FRAUD PROTECTIONS.—The Assistant Sec-
retary shall develop, in consultation with the Commission, 
anti-fraud measures and procedures to ensure that only 
eligible households and individuals receive a coupon issued 
under this section. 
(e) REPORTING REQUIREMENT.— 
(1) IN
GENERAL.—Not later than 1 month 
after the date of enactment of this Act, and every 
7 days thereafter, the National Telecommunications 
and Information Administration shall make publicly 
available on its website the— 
(A) number of requests for coupons under 
this section; 
(B) number of coupons issued under this 
section; 
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(C) amount of each coupon issued, includ-
ing the total amount of all such issued coupons; 
(D) types of costs to which each such 
issued coupon will be applied, as such costs are 
self-reported on the application of each house-
hold or individual; 
(E) number of issued coupons that have 
been redeemed; and 
(F) amount of unobligated and unexpended 
funds that remain from the amounts authorized 
under section 6. 
(2) TERMINATION.—The requirement described 
under paragraph (1) shall terminate 3 months after 
the last coupon under this section is issued. 
SEC. 4. BASIC BROADCAST TELEVISION SERVICE. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—The Commission shall pro-
mulgate rules requiring that each multichannel video 
programming distributor, who provides broadcast 
television for a local market, provide to eligible con-
sumers in that local market access to basic broad-
cast television service, as such service is described in 
subsection (b). 
(2) SAFE HARBOR.— 
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(A) IN GENERAL.—The retransmission or 
secondary transmission of any televison broad-
cast station by a multichannel video program-
ming distributor pursuant to paragraph (1) 
shall not be subject to any prohibitions on such 
activities as described under sections 325 and 
338 of the Communications Act of 1934 or 
under section 122 of title 17, United States 
Code, and any such distributor shall be immune 
from any civil liability related to fulfilling the 
requirements under paragraph (1). 
(B) FEE
EXEMPTION.—In promulgating 
rules under paragraph (1), the Commission 
shall require that each television broadcast sta-
tion— 
(i) grant consent to multichannel 
video programming distributors to re-
transmit the signal of such broadcasting 
station only for the purposes of fulfilling 
the requirements under paragraph (1); and 
(ii) waive any fees or charges that are 
customarily or usually applied for the 
grant of such consent. 
(b) BASIC BROADCAST TELEVISION SERVICE.—Any 
rule promulgated under subsection (a) relating to the defi-
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nition of basic broadcast television service shall ensure 
that, at a minimum, such service includes the trans-
mission, retransmission, or secondary transmission of the 
over-the-air signal of any nonsubscription television broad-
cast station located within the local market. 
(c) ELIGIBLE CONSUMERS.— 
(1) IN GENERAL.—For purposes of this section, 
an ‘‘eligible consumer’’ is a consumer— 
(A) whose primary residence is located in 
a local market where at least 1 television broad-
cast station has certified to the Commission 
that channel signal loss has occurred as a result 
of the transition from analog to digital tele-
vision that is to occur on February 17, 2009; 
and 
(B) who does not currently subscribe to a 
multichannel video programming service at his 
or her primary residence. 
(2) LOSS OF ELIGIBILITY; PURCHASE OF ADDI-
TIONAL SERVICE.—If at any time after purchasing 
basic broadcast television service pursuant to this 
section, an eligible consumer purchases any addi-
tional channel service from a multichannel video pro-
gramming distributor, such consumer shall no longer 
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be eligible to purchase such basic broadcast tele-
vision service. 
(d) ADDITIONAL COST REQUIREMENTS.—In promul-
gating rules under subsection (a), the Commission shall 
ensure that— 
(1) the cost to purchase basic broadcast tele-
vision service does not exceed $10 per month, except 
that such maximum monthly fee shall be adjusted 
annually in accordance with the annual percentage 
increase in the Consumer Price Index of the Bureau 
of Labor Statistics of the Department of Labor in 
increments of $1 only when the percentage increase 
in such index, when applied to the maximum month-
ly fee, produces dollar increases that exceed $1; and 
(2) a multichannel video programming dis-
tributor providing such basic broadcast service may 
not charge installation costs for such service that are 
in excess of the regular market rate charged to nor-
mal non-basic broadcast television service customers 
who purchase installation for any other services pro-
vided by the multichannel video programming dis-
tributor. 
(e) ANTI-FRAUD PROTECTIONS.—The Commission 
shall develop anti-fraud measures and procedures to en-
sure that only eligible consumers are provided access to 
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basic broadcast television service under the terms of this 
section. 
(f) REPORT TO CONGRESS.—Not later than 6 months 
after the date of enactment of this Act, and every 12 
months thereafter, the Commission shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives on— 
(1) the number of eligible consumers who have 
purchased basic broadcast television service; 
(2) the problems encountered by eligible con-
sumers, multichannel video programming distribu-
tors, television broadcasters, or the Commission in 
adhering to or implementing the requirements of 
this section; and 
(3) any other information the Commission de-
termines appropriate. 
(g) PUBLIC AVAILABILITY.—The Commission shall 
make any report required under subsection (e) available 
to the public on its website in a searchable and 
downloadable manner. 
(h) TERMINATION ONLY BY ACT OF CONGRESS.— 
This section may be limited, canceled, terminated, or re-
scinded only by an Act of Congress. 
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SEC. 5. OUTREACH CAMPAIGN. 
(a) IN GENERAL.—The Commission, in consultation 
and coordination with the National Telecommunications 
and Information Administration, the Administrator of the 
Administration on Aging, the heads of any other relevant 
Federal agency, State and local agencies, the broadcast, 
cable, satellite, and other telecommunications industries, 
and nonprofit, religious, community-based, and other simi-
lar organizations, shall carry out an education and out-
reach campaign to inform and educate consumers on the 
availability, benefits, and advantages of the programs and 
requirements established under this Act. 
(b) REQUIREMENTS.—The education and outreach 
campaign required under subsection (a) shall, at a min-
imum— 
(1) begin immediately upon the date of enact-
ment of this Act; 
(2) involve dissemination of information over 
radio, television, the Internet, and other electronic 
media, as well other traditional nonelectronic media; 
(3) require that each agency described in sub-
section (a) maintain information relating to the pro-
grams and requirements established under this Act 
on the website of such agency; and 
(4) require efforts to inform and educate all rel-
evant consumers, in particular those consumers— 
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(A) in vulnerable populations such as— 
(i) senior citizens; 
(ii) consumers living in rural and trib-
al areas; 
(iii) non-English speaking consumers; 
(iv) consumers with disabilities; and 
(v) low-income consumers; and 
(B) located in a local market where chan-
nel signal loss as a result of the full power tran-
sition from analog to digital television that is to 
occur on February 17, 2009, is likely or pre-
dicted to be likely. 
(c) PROVISION OF FUNDS.—The Commission may 
distribute funds to nonprofit, religious, community-based, 
and other similar organizations to assist with the edu-
cation and outreach campaign required under this section. 
(d) WEBSITE.—Each Federal agency participating in 
the education and outreach campaign required under this 
section shall work to ensure the existence and operation 
of a single website accessible by the public that shall serve 
as the clearinghouse for all information relating to this 
Act and the programs established by this Act. 
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SEC. 6. FUNDING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this Act 
$700,000,000 for fiscal years 2009 and 2010, of which— 
(1) $600,000,000 shall be made available to the 
Assistant Secretary to carry out the digital 
viewership coupon program established under section 
3; and 
(2) $100,000,000 shall be made available to the 
Commission to carry out the requirements of sec-
tions 4 and 5. 
(b) TRANSFER OF FUNDS IN THE DIGITAL TELE-
VISION TRANSITION AND PUBLIC SAFETY FUND.—Not-
withstanding any other provision of law, any funds re-
maining in the Digital Television Transition and Public 
Safety Fund established under section 309(j)(8)(E) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) 
shall, upon the expiration of the digital-to-analog con-
verter box program established under section 3005 of the 
Digital Television Transition and Public Safety Act of 
2005, be used to cary out the provisions of this Act. 
Æ 
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