DTV Delay Act of 2009

DTV Delay Act.txt

Application for Extension of Time to Construct a Digital Television Broadcast Station; Section 73.3598, Period of Construction

DTV Delay Act of 2009

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THE BRIEFING ROOM The DTV Delay Act of 2009
The House of Representatives voted Wednesday, February 4, 2009, to extend the 
conversion from analog to digital TV until June 12, 2009. The Senate had already 
approved the bill.
Read the full text of the new law below.DTV Delay Act (Considered and Passed by 
Senate)

S 352 CPS
111th CONGRESS
1st Session
S. 352
To postpone the DTV transition date.
IN THE SENATE OF THE UNITED STATES
January 29, 2009
Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. KERRY, Ms. KLOBUCHAR, Mr. 
PRYOR, Mr. DORGAN, Mr. SCHUMER, Mr. KOHL, Mr. SANDERS, Mr. HARKIN, and Mr. 
CASEY) introduced the following bill; which was read twice, considered, read the 
third time, and passed



A BILL
To postpone the DTV transition date.
  Be it enacted by the Senate and House of Representatives of the United States 
  of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `DTV Delay Act'.
SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE.
  (a) In General- Section 3002(b) of the Digital Television Transition and 
  Public Safety Act of 2005 (47 U.S.C. 309 note) is amended--
    (1) by striking `February 18, 2009;' in paragraph (1) and inserting `June 
    13, 2009;'; and
    (2) by striking `February 18, 2009,' in paragraph (2) and inserting `that 
    date'.
  (b) Conforming Amendments-
    (1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is amended by 
    striking `February 17, 2009.' and inserting `June 12, 2009.'.
    (2) Section 309(j)(14)(A) of the Communications Act of 1934 (47 U.S.C. 
    309(j)(14)(A)) is amended by striking `February 17, 2009.' and inserting 
    `June 12, 2009.'.
    (3) Section 337(e)(1) of the Communications Act of 1934 (47 U.S.C. 
    337(e)(1)) is amended by striking `February 17, 2009.' and inserting `June 
    12, 2009.'.
  (c) License Terms-
    (1) EXTENSION- The Federal Communications Commission shall extend the terms 
    of the licenses for the recovered spectrum, including the license period and 
    construction requirements associated with those licenses, for a 116-day 
    period.
    (2) DEFINITION- In this subsection, the term `recovered spectrum' means--
      (A) the recovered analog spectrum, as such term is defined in section 
      309(j)(15)(C)(vi) of the Communications Act of 1934; and
      (B) the spectrum excluded from the definition of recovered analog spectrum 
      by subclauses (I) and (II) of such section.
SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.
  (a) Extension of Coupon Program- Section 3005(c)(1)(A) of the Digital 
  Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is 
  amended by striking `March 31, 2009,' and inserting `July 31, 2009,'.
  (b) Treatment of Expired Coupons- Section 3005(c)(1) of the Digital Television 
  Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by 
  adding at the end the following:
      `(D) EXPIRED COUPONS- The Assistant Secretary may issue to a household, 
      upon request by the household, one replacement coupon for each coupon that 
      was issued to such household and that expired without being redeemed.'.
  (c) Conforming Amendment- Section 3005(c)(1)(A) of the Digital Television 
  Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by 
  striking `receives, via the United States Postal Service,' and inserting 
  `redeems'.
  (d) Condition of Modifications- The amendments made by this section shall not 
  take effect until the enactment of additional budget authority after the date 
  of enactment of this Act to carry out the analog-to-digital converter box 
  program under section 3005 of the Digital Television Transition and Public 
  Safety Act of 2005.
SEC. 4. IMPLEMENTATION.
  (a) Permissive Early Termination Under Existing Requirements- Nothing in this 
  Act is intended to prevent a licensee of a television broadcast station from 
  terminating the broadcasting of such station's analog television signal (and 
  continuing to broadcast exclusively in the digital television service) prior 
  to the date established by law under section 3002(b) of the Digital Television 
  Transition and Public Safety Act of 2005 for termination of all licenses for 
  full-power television stations in the analog television service (as amended by 
  section 2 of this Act) so long as such prior termination is conducted in 
  accordance with the Federal Communications Commission's requirements in effect 
  on the date of enactment of this Act, including the flexible procedures 
  established in the Matter of Third Periodic Review of the Commission's Rules 
  and Policies Affecting the Conversion to Digital Television (FCC 07-228, MB 
  Docket No. 07-91, released December 31, 2007).
  (b) Public Safety Radio Services- Nothing in this Act, or the amendments made 
  by this Act, shall prevent a public safety service licensee from commencing 
  operations consistent with the terms of its license on spectrum recovered as a 
  result of the voluntary cessation of broadcasting in the analog or digital 
  television service pursuant to subsection (a). Any such public safety use 
  shall be subject to the relevant Federal Communications Commission rules and 
  regulations in effect on the date of enactment of this Act, including section 
  90.545 of the Commission's rules (47 C.F.R. 90.545).
  (c) Expedited Rulemaking- Notwithstanding any other provision of law, the 
  Federal Communications Commission and the National Telecommunications and 
  Information Administration shall, not later than 30 days after the date of 
  enactment of this Act, each adopt or revise its rules, regulations, or orders 
  or take such other actions as may be necessary or appropriate to implement the 
  provisions, and carry out the purposes, of this Act and the amendments made by 
  this Act.
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.'. 
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