Short-term Analog Flash and Emergency Readiness Act
PL 110-459 (S.3663), enacted 12/23/2008

122 STAT. 5121 
PUBLIC LAW 110–459—DEC. 23, 2008 
Public Law 110–459 
110th Congress 
An Act 
To require the Federal Communications Commission to provide for a short-term 
extension of the analog television broadcasting authority so that essential public 
safety announcements and digital television transition information may be pro-
vided for a short time during the transition to digital television broadcasting. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Short-term Analog Flash and 
Emergency Readiness Act’’. 
SEC. 2. COMMISSION ACTION REQUIRED. 
(a) PROGRAM REQUIRED.—Notwithstanding any other provision 
of law, the Federal Communications Commission shall, not later 
than January 15, 2009, develop and implement a program to encour-
age and permit, to the extent technically feasible and subject to 
such limitations as the Commission finds to be consistent with 
the public interest and the requirements of this Act, the broad-
casting in the analog television service of only the public safety 
information and digital transition information specified in sub-
section (b) during the 30-day period beginning on the day after 
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 tele-
vision service and the cessation of broadcasting by full-power sta-
tions in the analog television service. 
(b) INFORMATION
REQUIRED.—The program required by sub-
section (a) shall provide for the broadcast of— 
(1) emergency information, including critical details 
regarding the emergency, as broadcast or required to be broad-
cast by full-power stations in the digital television service; 
(2) information, in both English and Spanish, and accessible 
to persons with disabilities, concerning— 
(A) the digital television transition, including the fact 
that a transition has taken place and that additional action 
is required to continue receiving television service, 
including emergency notifications; and 
(B) the steps required to enable viewers to receive 
such emergency information via the digital television 
service and to convert to receiving digital television service, 
including a phone number and Internet address by which 
help with such transition may be obtained in both English 
and Spanish; and 
Deadline. 
Short-term 
Analog Flash 
and Emergency 
Readiness Act. 
47 USC 309 note. 
Dec. 23, 2008 
[S. 3663] 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00931
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5122 
PUBLIC LAW 110–459—DEC. 23, 2008 
LEGISLATIVE HISTORY—S. 3663: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Nov. 20, considered and passed Senate. 
Dec. 10, considered and passed House. 
(3) such other information related to consumer education 
about the digital television transition or public health and 
safety or emergencies as the Commission may find to be con-
sistent with the public interest. 
SEC. 3. LIMITATIONS. 
In designing the program required by this Act, the Commission 
shall— 
(1) take into account market-by-market needs, based upon 
factors such as channel and transmitter availability; 
(2) ensure that broadcasting of the program specified in 
section 2(b) will not cause harmful interference with signals 
in the digital television service; 
(3) not require the analog television service signals broad-
cast under this Act to be retransmitted or otherwise carried 
pursuant to section 325(b), 338, 339, 340, 614, or 615 of the 
Communications Act of 1934 (47 U.S.C. 325(b), 338, 339, 340, 
614, or 615); 
(4) take into consideration broadcasters’ digital power levels 
and transition and coordination plans that already have been 
adopted with respect to cable systems and satellite carriers’ 
systems; 
(5) prohibit any broadcast of analog television service sig-
nals under section 2(b) on any spectrum that is approved or 
pending approval by the Commission to be used for public 
safety radio services, including television channels 14-20; and 
(6) not include the analog spectrum between channels 52 
and 69, inclusive (between frequencies 698 and 806 megahertz, 
inclusive) reclaimed from analog television broadcasting pursu-
ant to section 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)). 
SEC. 4. DEFINITIONS. 
As used in this Act, the term ‘‘emergency information’’ has 
the meaning such term has under part 79 of the regulations of 
the Federal Communications Commission (47 C.F.R. part 79). 
Approved December 23, 2008. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00932
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW