To amend the Digital Television Transition and Public Safety Act of 2005 and the Communications Act of 1934 to establish a new digital television transition date, to improve the digital-to-analog converter box program, and for other purposes.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 681 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 681

  To amend the Digital Television Transition and Public Safety Act of 
  2005 and the Communications Act of 1934 to establish a new digital 
television transition date, to improve the digital-to-analog converter 
                  box program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2009

Mr. Waxman (for himself, Ms. Baldwin, Mr. Butterfield, Mrs. Capps, Mrs. 
    Christensen, Mr. Doyle, Ms. Eshoo, Mr. Gonzalez, Mr. Gordon of 
      Tennessee, Mr. Gene Green of Texas, Mr. Hill, Mr. Markey of 
 Massachusetts, Mr. Rush, Ms. Schakowsky, Mr. McNerney, Ms. Castor of 
  Florida, Mr. Pallone, Mr. Sarbanes, Mr. Matheson, Mr. Grayson, Mr. 
  Rangel, and Mr. Pierluisi) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Digital Television Transition and Public Safety Act of 
  2005 and the Communications Act of 1934 to establish a new digital 
television transition date, to improve the digital-to-analog converter 
                  box program, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Television Transition 
Extension Act of 2009''.

SEC. 2. EXTENSION OF DTV TRANSITION DEADLINE.

    (a) Amendments to Communications Act of 1934.--
            (1) Section 309.--Section 309(j)(14)(A) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)(14)(A)) is amended 
        by striking ``February 17, 2009'' and inserting ``June 12, 
        2009''.
            (2) Section 337.--Section 337(e)(1) of the Communications 
        Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking 
        ``February 17, 2009'' and inserting ``June 12, 2009''.
    (b) Amendments to Digital Television Transition and Public Safety 
Act of 2005.--
            (1) Section 3002.--Section 3002(b) of the Digital 
        Television Transition and Public Safety Act of 2005 is amended 
        by striking ``February 18'' each place it appears and inserting 
        ``June 13''.
            (2) Section 3005.--Section 3005(c)(1) of such Act is 
        amended by striking ``March 31, 2009'' and inserting ``July 31, 
        2009''.
            (3) Section 3008.--Section 3008(a)(1) of such Act is 
        amended by striking ``February 17, 2009'' and inserting ``June 
        12, 2009''.
    (c) License Terms.--
            (1) Extension.--The Federal Communications Commission shall 
        extend the terms of the licenses for the recovered spectrum, 
        including the license period and construction requirements 
        associated with those licenses, for a 116-day period.
            (2) Definition.--For purposes of this subsection, the term 
        ``recovered spectrum'' means--
                    (A) the recovered analog spectrum, as such term is 
                defined in section 309(j)(15)(C)(vi) of the 
                Communications Act of 1934; and
                    (B) the spectrum excluded from the definition of 
                recovered analog spectrum by subclauses (I) and (II) of 
                such section.

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

    (a) Treatment of Expired Coupons.--
            (1) In general.--Section 3005(c)(1) of the Digital 
        Television Transition and Public Safety Act of 2005 is amended 
        by adding at the end the following new subparagraph:
                    ``(D) Expired coupons.--The Assistant Secretary 
                shall issue to a household, upon request by the 
                household, one replacement coupon for each coupon that 
                was issued to such household and that expired without 
                being redeemed.''.
            (2) Conforming amendment.--Section 3005(c)(1)(A) of the 
        Digital Television Transition and Public Safety Act of 2005 is 
        amended by striking ``receives'' and inserting ``redeems''.
    (b) Expediting Delivery.--
            (1) First class mail.--Within 7 days after the date of 
        enactment of this Act, the Assistant Secretary for 
        Communications and Information of the Department of Commerce 
        shall expedite the distribution of coupons issued under section 
        3005 of the Digital Television Transition and Public Safety Act 
        of 2005 by directing that, if coupons are delivered via the 
        United States Postal Service, such coupons shall be delivered 
        via pre-sorted first class mail service.
            (2) Conforming amendment.--Section 3005(c)(1)(A) of the 
        Digital Television Transition and Public Safety Act of 2005 is 
        further amended by striking ``, via the United States Postal 
        Service,''.
    (c) Condition of Modifications.--The amendments made by this 
section shall not take effect until the enactment of new budget 
authority to carry out the analog-to-digital converter box program 
under section 3005 of the Digital Television Transition and Public 
Safety Act of 2005.

SEC. 4. IMPLEMENTATION.

    (a) Permissive Early Termination Under Existing Requirements.--
Nothing in this Act is intended to prevent a licensee of a television 
broadcast station  from terminating the broadcasting of such station's 
analog television signal (and continuing to broadcast exclusively in 
the digital television service) prior to the date established by law 
under section 3002(b) of the Digital Television Transition and Public 
Safety Act of 2005 for termination of all licenses for full-power 
television stations in the analog television service (as amended by 
section 2 of this Act) so long as such prior termination is conducted 
in accordance with the Federal Communications Commission's requirements 
in effect on the date of enactment of this Act, including the flexible 
procedures established in the Matter of Third Periodic Review of the 
Commission's Rules and Policies Affecting the Conversion to Digital 
Television (FCC 07-228, MB Docket No. 07-91, released December 31, 
2007).
    (b) Public Safety Radio Services.--
            (1) Use on cleared spectrum.--Notwithstanding the 
        amendments made by section 2, if--
                    (A) a television broadcast station ceases the 
                broadcasting of such station's analog television 
                service under subsection (a) of this section prior to 
                June 12, 2009, and
                    (B) as a consequence of such cessation, spectrum 
                between frequencies 768 and 776 megahertz, inclusive, 
                and 798 and 806 megahertz, inclusive, becomes available 
                for non-television broadcast use prior to June 12, 
                2009,
        the Federal Communications Commission shall permit the use of 
        such spectrum for authorized public safety radio services if 
        the Commission determines that such use is in the public 
        interest and does not cause harmful interference to full-power 
        television stations in the analog or digital television 
        service.
            (2) Expedited procedures.--The Federal Communications 
        Commission is authorized to use expedited procedures, and to 
        waive such rules as may be necessary, to make a determination 
        on an application made under paragraph (1) to begin such use of 
        such spectrum by a public safety agency (as such term is 
        defined in section 3006(d)(1) of the Digital Television 
        Transition and Public Safety Act of 2005) in not less than 2 
        weeks after the date of submission of such application.
    (c) Expedited Rulemaking.--Notwithstanding any other provision of 
law, the Federal Communications Commission and the National 
Telecommunications and Information Administration shall, not later than 
30 days after the date of enactment of this Act, each adopt or revise 
its rules, regulations, or orders or take such other actions as may be 
necessary or appropriate to implement the provisions, and carry out the 
purposes, of this Act and the amendments made by this Act.

SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY.

    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ``2011'' and inserting ``2012''.

SEC. 6. REPORTS.

    (a) Monthly Reporting Requirement.--Beginning one month after 
enactment of this Act and ending on October 31, 2009, the Assistant 
Secretary shall transmit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a monthly report detailing--
            (1) the number of unredeemed and unexpired coupons still 
        held by consumers;
            (2) the number of replacement coupons the National 
        Telecommunications and Information Administration has issued 
        for expired coupons pursuant to section 3005(c)(1) of the 
        Digital Television Transition and Public Safety Act of 2005, as 
        amended by section 3(a) of this Act, during the 30 days prior 
        to the monthly reporting date required by this subsection;
            (3) the approximate number of analog-to-digital converter 
        boxes available for purchase by consumers;
            (4) the number of new and replacement coupons issued by the 
        National Telecommunications and Information Administration via 
        postal mail and other delivery methods, including electronic 
        mail; and
            (5) the remaining amount of funds available to the National 
        Telecommunications and Information Administration to carry out 
        section 3005 of the Digital Television Transition and Public 
        Safety Act of 2005, as amended by this Act and any other Act.
    (b) Report About Rural Areas.--
            (1) In general.--Not later than December 30, 2009, the 
        Federal Communications Commission shall transmit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report about the effect of the 
        digital television transition on consumers in rural areas in 
        the United States.
            (2) Specific requirements.--The report required under 
        paragraph (1) shall include information on the following:
                    (A) Whether rural areas experienced 
                disproportionately more service disruptions than urban 
                and suburban areas.
                    (B) Whether gaps in over-the-air broadcast coverage 
                exist for rural consumers due to the shorter range for 
                digital signals, as compared to analog signals.
                    (C) Recommendations for rectifying significant 
                problems that have arisen in rural areas in the United 
                States as a result of the digital television 
                transition.

Summary: Digital Television Transition Extension Act of 2009 - Amends the Communications Act of 1934 and the Digital Television Transition and Public Safety Act of 2005 to extend for approximately four months the deadlines related to the transition from analog to digital television broadcasting.

Requires the Federal Communications Commission (FCC) to extend for 116 days the terms of the licenses for recovered spectrum.

Requires, on request, the reissue of any household digital-to-analog converter box coupons that expired without being redeemed.

Requires expediting the delivery of household digital-to-analog converter box coupons by sending them via presorted first class mail.

Allows a station to terminate analog broadcasting (and to continue broadcasting exclusively in digital signals) before the date established by law for termination of all full power analog station licenses. Requires the FCC to permit public safety entities to use spectrum thus relinquished if the FCC determines that such use does not cause harmful interference to full-power television stations in the analog or digital service.

Extends until September 30, 2012 (currently, September 30, 2011) the FCC's spectrum auction authority.